From the book, Introduction to the Tafseer of the Quran, by the Ameer of Hizb ut Tahrir, the eminent jurist and statesman, Ata Bin Khalil Abu Al-Rashtah:
وَاذْكُرُواْ اللّهَ فِي أَيَّامٍ مَّعْدُودَاتٍ فَمَن تَعَجَّلَ فِي يَوْمَيْنِ فَلاَ إِثْمَ عَلَيْهِ وَمَن تَأَخَّرَ فَلا إِثْمَ عَلَيْهِ لِمَنِ اتَّقَى وَاتَّقُواْ اللّهَ وَاعْلَمُوا أَنَّكُمْ إِلَيْهِ تُحْشَرُونَ
“And remember Allah during [specific] numbered days. Then whoever hastens [his departure] in two days – there is no sin upon him; and whoever delays [until the third] – there is no sin upon him – for him who has taqwa on Allah. And have taqwa on Allah and know that unto Him you will be gathered”. [Surah al-Baqarah 2:203]
Allah (swt) clarifies in this verse as follows:
1- Glorifying the greatness of Allah (i.e. saying Takbir) after the prayers during the day of Nahr (10th day of Dhul Hijjah) and the days of Tashreeq (11th to 13th day of Dhul Hijjah) and also during the slaughtering (of animals) and throwing pebbles (at Jamrat).
As for the days of Tashreeq, it is indicated as أَيَّامٍ مَّعْدُودَاتٍ “Numbered days” as came in the noble verse. This is because Allah (swt) mentioned these days in the verse, followed by saying, فَمَن تَعَجَّلَ فِي يَوْمَيْنِ فَلاَ إِثْمَ عَلَيْهِ وَمَن تَأَخَّرَ فَلا إِثْمَ عَلَيْهِ “Then whoever hastens [his departure] in two days – there is no sin upon him; and whoever delays [until the third] – there is no sin upon him”. It was reported as sahih from the Messenger of Allah ﷺ that he ﷺ named them as ‘Three days of Mina’ excluding the day of Nahr. The Prophet ﷺ said: «الحج عرفة، فمن جاء ليلة جمع قبل طلوع الفجر فقد أدرك أيام منى الثلاثة، فمن تعجل في يومين فلا إثم عليه ومن تأخر فلا إثم عليه» “The Hajj is Arafah. Whoever came to Jam’u during the night, before the time of Fajr, then he has attended the three days of Mina, so whoever hastens (leaving after) two days, then there is no sin upon him, and whoever delays, then there is no sin upon him.” The night of Jam’u is the night of Muzthalifah and whoever reaches there before sunrise i.e. before sunrise on the day of Eid ( day of nahr), then he has attended the three days of Mina which means what is after the day of Eid. This is because a day starts with sunset and ends with that and it is the day of Arafah. What he reaches is the day of Tashreeq which is the three days of Mina, except for the day of Eid. The Messenger of Allah ﷺ commented on it by saying, فَمَن تَعَجَّلَ فِي يَوْمَيْنِ فَلاَ إِثْمَ عَلَيْهِ وَمَن تَأَخَّرَ فَلا إِثْمَ عَلَيْهِ “so whoever hastens (leaving after) two days, then there is no sin upon him, and whoever delays, then there is no sin upon him.” This indicates that three days of Mina which were mentioned in the hadith are the ‘numbered days’ mentioned in the above verse.
As for the verse وَاذْكُرُواْ اللّهَ فِي أَيَّامٍ مَّعْدُودَاتٍ “And remember Allah during [specific] numbered days.” i.e. it means glorify the greatness of Allah (saying Takbir) after the obligatory prayers during the days of Tashreeq. Similarly, in the following verse, وَيَذْكُرُوا اسْمَ اللَّهِ فِي أَيَّامٍ مَّعْلُومَاتٍ عَلَى مَا رَزَقَهُم مِّن بَهِيمَةِ الْأَنْعَامِ “mention the name of Allah on ‘known days’ over what He has provided for them of [sacrificial] animals.” [TMQ 22:28], This indicates to glorify the greatness (of Allah, by saying Takbir) during the days of Nahr which is the day of sacrifice (Day of Adha), the first two days amongst the days of Tashreeq, as narrated from Umar and Ali (ra). And this is the view of Hanafis, Malikis and Hanbalis.
It is reported by Nafi from Ibn Umar that ‘Numbered days’ and ‘Known days’ in the previous two verses are combined as four days: day of Nahr which is ‘known’ and ‘not numbered’, two days after the day of nahr which are ‘known’ and ‘numbered’ and the fourth day which is ‘numbered’ and ‘not known,’ since sacrifice in this fourth day is not valid.
As for glorifying the greatness (Takbir) during the pebbles throwing (at Jamrat), this is due to what was reported about the Hajj of Messenger of Allah ﷺ: «كان يرمي الجمار وهو يقول: بسم الله والله أكبر» “Prophet ﷺ threw stones while he ﷺ was saying: ‘In the name of Allah and Allah is great.”
Similarly, during the slaughtering (of animal), the name of Allah and takbir are mentioned as mentioned in the verse: لَن يَنَالَ اللَّهَ لُحُومُهَا وَلَا دِمَاؤُهَا وَلَكِن يَنَالُهُ التَّقْوَى مِنكُمْ كَذَلِكَ سَخَّرَهَا لَكُمْ لِتُكَبِّرُوا اللَّهَ عَلَى مَا هَدَاكُمْ وَبَشِّرِ الْمُحْسِنِينَ “Their meat will not reach Allah, nor will their blood, but what reaches Him is piety from you. Thus have We subjected them to you that you may glorify Allah (saying Takbir) for that [to] which He has guided you; and give good tidings to the doers of good.” [TMQ 22:38] and it has also come in the hadith of slaughtering.
2- فَمَن تَعَجَّلَ فِي يَوْمَيْنِ فَلاَ إِثْمَ عَلَيْهِ وَمَن تَأَخَّرَ فَلا إِثْمَ عَلَيْهِ لِمَنِ اتَّقَى “Then whoever hastens [his departure] in two days – there is no sin upon him; and whoever delays [until the third] – there is no sin upon him- for him who has Taqwa on Allah.” This verse has two matters:
a- Allah (swt) has permitted the person to complete his Hajj and leave to his family (i.e. his home) after throwing stones on the second day of Tashreeq. The pilgrim stones the first Aqaba pillar (Jamrat Al-Aqaba Al-Ula) after sunrise on the day of Nahr. Then he stones the three pillars (Jamarat) after the first day of Tashreeq passes and then after the second day of Tashreeq passes. After that it is permissible for him to hasten and return to his family, after completing his Hajj or he can delay and stone the pillars (Jamarat) on the third of Tashreeq and after that he can return to his family, after completing his Hajj with the farewell tawaf (circumambulation).
What is indicated in this verse is that the pilgrim of Hajj has a choice to hasten. It should not be said ‘how does the choice occur, while both of them are different in terms of reward, since delaying is the best? It should not be said so, as the choice can occur between two equal persons (in terms of reward), same as the choice occurs between the better and the best persons, such as the choice given to travellers to choose between fasting and breaking the fast, whilst fasting is better for him as long as he is capable. Allah (swt) says, وَأَن تَصُومُواْ خَيْرٌ لَّكُمْ “But to fast is best for you (those who travel)” [TMQ 2:184].
b- this is the verse about the conclusion of Hajj and it gives that whoever either completes his Hajj and returns to his family during the second day of Tashreeq i.e. after stoning the Jamarat on the second day of Tashreeq or completes hajj and returns to his family after stoning the Jamarat on the third of Tashreeq, both will have no sin if he is amongst the pious people i.e. his sins will be forgiven and he will have no sins i.e. general sins will be negated. However, this promise of Allah (swt) is only for those who are pious as He (swt) says لِمَنِ اتَّقَى “for him who is pious to Allah” i.e. this promise is specific to them. Therefore if the pilgrims of Hajj perform their Hajj for the sake of Allah (swt), while being pious for Allah (swt), they will return to their family without any sins upon them i.e. their sins will be forgiven as said by Messenger of Allah ﷺ, «من حجّ هذا البيت فلم يرفث ولم يفسق خرج من خطاياه كيوم ولدته أمه» “Whoever performs Hajj to this Ka`ba and does not have sexual relations (with his wives) nor commit sins (while performing Hajj), he will come out as sinless as a newly born child.” And His (swt) saying, فَلاَ إِثْمَ عَلَيْهِ “there is no sin upon him” is a general negation (نفي عام) and absolute acquittal (تبرئة مطلقة) i.e. those who hasten or delay while being pious on their Hajj i.e. performing it for the sake of Allah with piety upon Allah, then they will be forgiven. This was said by Ali bin Abu Talib, Ibn Abbas and Ibn Masood (ra).
As for saying of Allah (swt) لِمَنِ اتَّقَى “For those who have Taqwa”, it is not a condition for the permissibility of hastening or delaying, rather it is a condition for the returning of the pilgrim in order for his sin to be forgiven. Allah (swt) says فَلاَ إِثْمَ عَلَيْهِ “There is no sin upon him” whether he hastens or delays.
3- وَاتَّقُواْ اللّهَ وَاعْلَمُوا أَنَّكُمْ إِلَيْهِ تُحْشَرُونَ “Have Taqwa on Allah and know that unto Him you will be gathered” i.e. it is upon pilgrims of Hajj, after they have returned to their family, to continue in their Taqwa to Allah (swt) and that they should always remember that they will be dead, resurrected and accounted in front of Allah (swt), in order to prevent themselves from committing any disobedience, fearing the wrath and punishment of Allah and hoping for His Jannah and pleasure by preserving Allah’s forgiveness for them in their Hajj one upon another Hajj.