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, may Allah exalt his mention as well as that of his family and all his companions.
Performing the farewell Tawaaf (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, may Allah have mercy on them, [the Hanafi, Shaafi'ee, Hanbali schools 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 'Abbaas, may Allah be pleased with him, narrated that the Prophet ordered the people to perform Tawaaf 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 Tawaaf 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 85 km. Nonetheless, his Hajj is acceptable in all cases provided he did what he was obliged to do during Hajj. Imaam An-Nawawi, may Allah have mercy on him, 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,Imaam Al-Khiraqi may Allah have mercy on him, 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 Tawaaf has to offer a sacrifice which is a sheep that should be slaughtered in Makkah and distributed to its poor people.
Allah Knows best.