Question:
What is the ruling of somebody that went for Hajj and did not perform Tawaaf Al-Wadaa'?
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
Performing the farewell Tawaf (circumambulation) is an obligation on the pilgrim after finishing his rituals of Hajj and upon his departure from Makkah according to the majority of scholars [the Hanafi, Shafi'ee, Hanbali and others ].
However, women in menses or in confinement period after giving birth are exempted from this rite. The evidence about this is what Ibn 'Abbas narrated that the Prophet ordered the people to perform Tawaf as the last rite of Hajj before leaving Makkah, but he did not include women in menstruation. [Al-Bukhari]
Therefore, whoever has not performed the farewell Tawaf out of forgetfulness or ignorance has to offer a sacrifice and there is no sin on him. However, if one has deliberately neglected to perform it then he has to offer a sacrifice and he is sinful if he travels from Makkah more than the distance of shortening the prayer which is 83 km. Nonetheless, his Hajj is acceptable in all cases provided he did what he was obliged to do during Hajj.
Imam An-Nawawi said: 'If one leaves Makkah without performing the farewell Tawaaf, he is sinful because it is an obligation and he has to come back to perform it if he has not yet travelled the distance of shortening the prayer. However, if he has already exceeded the distance of shortening the prayer, he does not have to come back but he has to offer a sacrifice.'
Moreover, Imam Al-Khiraqi said: 'If he leaves Makkah before performing the farewell Tawaaf he has to come back if he is not too far, but if he is too far, he has to offer a sacrifice and distribute it amongst the poor in Makkah.'
Therefore, whoever has not performed the farewell Tawaf has to offer a sacrifice which is a sheep that should be slaughtered in Makkah and distributed to its poor people.
Allah Knows best.
Fatwa answered by: The Fatwa Center at Islamweb