Ash-Shirāzi, may Allah have mercy upon him said in the muhaźźab:

When one concludes from hajj and desires to stay in Makkah, he is not required to do the tawāf al-wadā’. And when he desires to leave, he should perform the tawāf of wadā’ (farewell), and then pray two raka’as of tawāf of wadā’. Question: Is the tawāf al-wadā’ obligatory or not? With regard to this, there are two qauls (opinions of ash-Shāfi’ī). The first qaul is that it is obligatory due to what is narrated by Ibnu ‘Abbās, may Allah be pleased with them both “that the Prophet, Salutations of Allah and His Blessings of Peace upon him said: none of you must ever nafr (depart from Minā) until he makes his last covenant (‘ahd) at the House. The second qaul is that it is not obligatory because if it is, then it is not permissible for the menstruating woman to leave it.

Therefore, if we say that the tawāf al-wadā’ is obligatory, the dam also becomes obligatory for one who leaves it due to the saying of the Prophet, Salutations of Allah and His Blessings of Peace upon him “Dam is obligatory upon one who leaves a nusuk (rite of hajj)”. If we say the tawāf al-wadā’ is not compulsory, the dam is consequently not obligatory for one who leaves it because it is a sunna. Hence, dam is not compulsory for one who leaves it just like the other sunnas of hajj.

If one performs the tawāf al-wadā’ and then remains, the tawāf does not suffice as wadā’ because there is no tawdī’ (reasons for farewell) by staying. Hence, when he desires to exit, he repeats the tawāf al-wadā’. And if he performs tawāf, and then prayed in its streets or purchase provisions, he is not required to repeat the tawāf because he does not become a muqīm (staying person) by doing so.

If he forgets to perform tawāf and exit, and then recalled, if we say it is obligatory, we have to see: if his distance from Makka is that in which prayer can be performed qasr (shortened), dam is determined for him and even if he returns and performs the tawāf, the dam is not dropped from him. This is because the second tawāf is for his second exit and it does not make up for his first exit. And if he recalls it when his distance from Makka is that in which prayer cannot be qasr, then if he returns and performs tawāf, the dam is dropped because the ruling for him is that of the muqīm.

It is permissible for the menstruating women to depart from Minā without wadā’ due to the narration of Ibnu ‘Abbās, may Allah be pleased with them both that he said ” He enjoined the people to make their last covenant at the House except that he had indeed gave ease to the women who are menstruating ” if the menstruating women departs from Minā and then stops menstruating while she is within the bunyān of Makka (boundary of Makka marked by its buildings) she should return and perform the tawāf. If she has exited the bunyān, it is not necessary for her to do the tawāf.

Commentary

an-Nawāwi, may Allah have mercy upon him said:

The Hadīths

The first hadīth of Ibnu ‘Abbās “None of you should ever nafr until he does his last covenant at the House.” is narrated by Muslim. The other hadīth “He enjoined the people” until the end is narrated by Bukhāri and Muslim. The hadīth “Dam is obligatory upon one who leaves a nusuk” has previously been clarified in this chapter several times. And from ‘Ā’îshah, may Allah be pleased with her, she said ” when the Prophet, Salutations of Allah and His Peace upon him, desires to make nafr, Safiyyah is at the door of her tent, sad and downcast. He said: ‘Aqrā halqā [1] , you are indeed restricting us. And he said to her “Have you done ifādhah on the day of nahr?” She said “Yes.” He said ” Then make nafr”. Narrated by Bukhari and Muslim.

The Rulings

As for the rulings, there are several issues

1. Our aśhāb said: For one who has concluded his manāsik and desires to stay in Makkah, it is not required of him to perform the tawāf of wadā’. There is no khilāf in this, whether or not they are people of Makkah. If he desires to exit Makkah to his watn (hometown) or anywhere else he should perform tawāf for the wadā’ without raml or idhtibā’ as discussed previously. When he completes his tawāf, he prays two raka’ahs of tawāf. With regard to this tawāf, there are two masyhūr qauls. The author mentioned both of them with their proofs. The aśah (relied upon) is that it is wājib (obligatory). The second qaul is that it is sunnah (supererogatory). Another tarīqah was transmitted that it is sunnah as a single qaul. This is transmitted by ar-Rāfi’īe which is dhaīf (weak) yet gharīb (strange). The maźhab (relied upon) is that it is wājib. Al-Qādhī Abū Tayyib, al-Bandanijī and others mentioned that it’s naś (opinion of ash-Shāfi’ī) is in the Umm and in the Qadīm. And the consideration of it being mustahab (sunnah) is in the Imlā’. If one leaves it, he should spill the dam. If we say that it is wājib, then the dam is wājib. And if we say that it is sunnah, then the dam is sunnah as well. And if a hāj (pilgrim) desires to return to his town from Minā, it is necessary for him to enter Makkah for the tawāf al-wadā’ if we say it is wājib. Allah knows best.

2. If one exits without the wadā’, while we say that the tawāf al-wadā’ is wājib, he sins and it is necessary for him to return for the tawāf as long as he did not reach the distance for qaśr (shortening of prayer) from Makkah. If he reaches it, it is not compulsory for him to return after that and when he did not return, dam is compulsory for him. If he returns before he reached the distance for qaśr, the obligation of dam is dropped from him. If he returns after he reached that distance, then there are two tarīqahs, the aśah of them which is affirmed by the jumhūr is that it is not dropped. The other tarīqah which is transmitted by the Khurāsānīs consists of two wajhs (opinions of ashāb), the aśah of these is that it is not dropped. The second wajh is that it is dropped.

3. The tawāf al-wadā’ is not stipulated for the hāidh (mensturating woman) and the nufasā’ (woman undergoing post-natal bleeding). The dam is also not stipulated for her as a result of leaving the tawāf al-wadā’. This is because she is not the mukhātabah bihi (spoken to) in the aforementioned hadīth. However, it is mustahab for her to stand at the door of Masjid al-Harām and make du’ā (supplications) from what we will mention, insyaAllāhu ta’āla. If the hāidh or the nufasā’ attains purity while she has not departed the binā al-Makkah (built up premises of Makkah), it is necessary for her to perform the tawāf al-wadā’ due to the cessation of her ‘uźr (legal excuse). If she is already beyond the distance of qaśr, it is not necessary for her to return without khilāf. If she has departed from Makkah but has not reached the distance of qaśr, there is naś from ash-Shafi’ī that it is not necessary for her to return. On the other hand, there is also naś from him that for the muqaśśir bi tark al-tawāf (one who fell short of what is required by the leaving of the tawāf), it is necessary for him to return. Attributed to our aśhāb are two tarīqahs: the maźhab (relied upon) is that there is differentiation as per the naś. This is also the opinion affirmed by the author and the jumhūr. This is because he is a muqaśśir, as opposed to the hāidh. The second tarīqah as transmitted by the Khurāsānīs are two qauls. One of these qaul is that it is compulsory for her. The second qaul is that it is not compulsory for the both of them. If we say that it is not compulsory to return, is the consideration of the distance is from Makkah itself or from the Harām? With regard to this there are two tarīqahs. The maźhab which is affirmed by the author and the jumhūr is Makkah itself. The second tarīqah, which is transmitted from a group of Khurāsānīs is that there are two wajhs. The aśah (relied upon) is as previous. The second wajh is that it is the Haram. As for the lady who is afflicted by istihādhah, if she performs nafr on the day she has hāidh (mensturation), the wadā’ is not stipulated for her. But if she performs nafr of the day she attains purity, tawāf al-wadā’ is necessary for her. Al-Qadhi Abū Tayyīb in his Ta’līq and ad-Dārimī said: “When a lady sees blood and thus left the tawāf al-wadā’ and then departed, and then the blood continues, extending beyond 15 days, she is thus afflicted with istihādhah. It has to be examined if she is mumayyizah (distinguishing) , mu’tādah (habitual) or mubtada’ah (beginning) and which factor it is attributed to. If she leaves the tawāf in her state of haidh, then nothing is stipulated for her, but if she is in the state of purity then dam becomes obligatory for her. Allah Most High knows best.

4. It is necessary that one carries out the tawāf al-wadā’ after all his occupations and his exit is immediately after, without waiting. If one waits, then it has to be examined if it is without ‘uźr (legal excuse) or an occupation other than factors related to exiting such as purchasing goods, settling a debt, visiting a friend or the sick, it is compulsory for him to repeat the tawāf. If one is occupied with factors related to exiting such as purchasing supplies, fastening the saddle or its likes, does he need to repeat the tawāf? With regard to this, there are two tarīqah. The jumhūr affirmed that he does not need to do so. Imam al-Haramayn mentioned that there are two wajhs with regard to it. If the iqāmah of the prayer is made and he prays it with them, he does not need to repeat the tawāf. There is naś from ash-Shāfi’ī in the Imlā’, and agreed upon by the aśhāb. Allah knows best.

5. The ruling of tawāf al-wadā’ is as per the other types of tawāf in terms of its rukns (pillars) and sharts (conditions). With regard to it is a wajh attributed to Abū Ya’qūb al-Abīwardī that it is śah (sound) without tahārah (purity) and it is compensated for with the dam. We had previously clarified this wajh in the section on tawāf al-qudūm and it is an obvious mistake. Allah knows best.

6. Is the tawāf al-wadā’ one of the manāsik (hajj rites) or an independent ‘ibādah (worship)? With regard to this, there is khilāf. Imam al-Haramain and al-Ghazāli says: It is from the manāsik. It is not stipulated for the Hāj (pilgrim) nor the mu’tamir (one performing ‘umrah) when they exit Makkah specifically due to their exiting. Al-Baghawī, al-Mutawallī and others said: tawāf al-wadā’ is not from the manāsik. It is an independent ‘ibādah enjoined for anyone who desires to depart from Makkah to a distance of qaśr, it is the same even if he is a Makkī (Dweller of Makkah) or an Ufuqī (one who is without the places where the pilgrims coming to Makkah enter into the state of ihrām). This second opinion is the aśah (relied upon) according to ar-Rāfi’ī and others from the Muhaqqiquns out of ta’zhīm (exaltation) of the Haram, and tashbīh (likening): since ihram is necessary when entering, the wadā’ is also necessary due to exiting. Ar-Rāfi’ī said: This is because the aśhāb had ittifāq (agreement) that the Makkī, when he has performed hajj and desires to stay in his watn (hometown), the tawāf al-wadā’ is not enjoined upon him. Similarly, for the Ufuqī, when he performed hājj and desires to stay in Makkah, wadā’ is not stipulated for him. If it is from the manāsik, it will surely be generalized for all the hajīj. This is the kalām of ar-Rāfi’ī. Amongst the dalīl sought from the sunnah with regard to it not being from the manāsik is what is thābit (established) in the śahīh of Muslim and others that the Prophet, Salutations of Allah and His Peace upon him who said {the Muhājir stays in Makkah after completing their nusuk (hājj rite) for three days }. The point of this dalīl is that the tawāf al-wadā’ is performed at the time of returning while the Prophet, Salutations of Allah and His Peace upon him, used the wording “qādhiyan lil manāsik”, (completion of their nusuk) before the tawāf al-wadā’ itself. Thus, as a matter of fact, at that point one has in reality concluded all of his manāsik in its entirety.

6.1 We previously mentioned in this sixth issue from al-Baghāwī that the tawāf al-wadā’ is meant for one who wishes to depart Makkah to a distance of qaśr. He said: If he intends less than the distance of qaśr, wadā’ is not stipulated for him. The śahīh opinion, which is masyhūr is that it is meant for one who intends the distance of qaśr and lesser than that whether it is far or near due to the generality of the hadīths. Amongst those who clarified this is the author of al-Bayan and others.

6.2 We had previously mentioned that it is not permissible that one makes nafr from Minā and leaves the tawāf al-wadā’ if we say it is wājib. If one performs tawāf on the day of nahr (slaughtering) for ifādhah and then tawāf after that for wadā’ and then goes to Minā. He then desires to make nafr from it at the time of nafr to his watn and limits himself to the previous tawāf, does it suffice him? The author of al-Bayān said: Our muta’akhir (later) ashābs differed with regard to this. Ash-Sharīf al-‘Uthmāni thus said: It suffices it because the tawāf al-wadā’ is meant for one who departs from the Bayt (House-i.e Ka’bah) and in this case, the intent is met. From amongst them are those who said: It does not suffice it and this is the zhāhir (apparent) from the kalām of ash-Shāfi’ī and the zhāhir of the hadīth. This is because ash-Shāfi’ī said: It is not stipulated for the Hāj after the completion of the ramyu (throwing) on the days of Minā except wadā’ of the Bayt. He this bid farewell depart to his family. This is the kalām of the author of al-Bayan. This second opinion is śahīh and it is in conformity to the kalām of the aśhāb. Allah knows best.

6.3 The author of al-Bayan said: ash-Sheikh Abū Naśr in the Mu’tamad said “Wadā’ is not stipulated for the muqīm in Makkah who exits to Tan’īm nor is dam stipulated for them due to leaving wadā’ in our opinion. Sufyan ath-Thawrī said: Dam is necessary. Our dalīl is the Prophet, Salutations of Allah and His Peace upon him {instructed ‘Abd ar-Rahman bin Abū Bakr to aid ‘Āisyah to perform ‘Umrah from the Tan’īm and he did not instructed her, at the point of her departure to Tan’īm to perform the wadā’}. Allah knows best.

6.4 When one performs tawāf for wadā’ and he exits from the Haram, and then he wishes to return to it and we say: Entering the Harām necessitates the Ihram (wājib). Ad-Darimī said: Ihrām is necessary because it is an new entry. He said: If he returns for tawāf al-wadā’ from less than the distance of qaśr, ihrām is not necessary for him. Allah knows best.

6.5 If we say the tawāf al-wadā’ is wājib, if one leaves one of the seven rounds of tawāf, and returns to his town, the wadā’ is not realized. Dam is necessary for him in its entirety. Ad-Dārimi said “It is as if he left all of the tawāf other than with regard to the dam. Then, it is indeed upon different opinions, unless it is three rounds of tawāf, then it is a complete dam, which are as follows. When he leaves one round of tawāf, with regard to it are qauls. One of it is that a third of the dam is necessary. Second is a dirham. The aśah of them is a mud. With regard to two rounds of tawāf are qauls as well. With regard to three rounds of tawāf, however is the full dam. This is the kalām of ad-Dārimi and it is either dhaīf (weak) or ghalat (a mistake). And the śawāb (accurate view) is that the tawāf al-wadā’ is not realized. Allah knows best.

6.6 When a lady menstruates, before the tawāf al-ifādhah, and the hāj (pilgrim) desires to preform nafr after the completion of their manāsik, the awlā (more appropriate) for the lady is to stay until she attains purity and then performs tawāf unless in doing so becomes a dharar zhāhir (obvious harm) for her. If she desires to perform nafr with the people before the tawāf of ifādhah, it is permissible and she remains in ihrām until she returns to Makkah. She then performs tawāf whenever possible. If it extended for years, the discussion has preceded elsewhere in this chapter. As for the saying of al-Māwardī in the Hāwi: She is not entitled to perform nafr until she performs tawāf attains purity, then this is a shaź (strange) opinion which is dha’īf jiddan (very weak). It is evident that what he meant is that her nafr is makrūh (disliked) if done prior to the tawāf of ifādhah. It was previously mentioned that it’s deferment is disliked (makrūh) and what is meant is not tahrīm (prohibition). It is śahīh if it is said that a matter regarded as makrūh (offensive) is not regarded as jāiz (permissible). The term “jāiz” is this interpreted to harmonize the two tarīqahs. Allah knows best.

Our aśhāb said: when a female pilgrim menstruates, before the tawāf of ifādhah, and the hujjāj perform nafr after the completion of their manāsik, while it is before she attains purity, and she desires to stay until she attains purity, and she is a musta’jirah (hirer) of a camel, it is not necessary for the camel driver to wait for her. Rather, he is entitled to perform nafr with his camel together with the people, and she is entitled to nominate someone similar to her to ride in her place. This is our maźhab and their is no khilāf between our aśhāb with regard to this. Amongst those who elucidated it is al-Māwardī, Sheikh Abū Naśr, the author of al-Bayan and others. Our aśhab transmitted from Mālik that it is compulsory that he waits for her above the duration of the haidh and additional of three days. Our aśhāb sought proof from the saying of the Prophet, Salutations of Allah and His Peace upon him, {There is to be neither dharar (harming), nor dhirār (retaliation of harm)} and it is a hasan hadīth amongst the narrations of Abū Sai’īd al-Khudri, and with the qiyās that if the lady falls sick, it is not compulsory for him to wait for her by ijmā’ (consensus). Al-Qadhī ‘Iyādh al-Malikī said: The point of khilāf between ash-Shāfi’ī and Mālik in this issue is when there is security in the tarīq (road) and she has with her, her mahram. If there is no security or she does not have her mahram with her, he does not wait for her by ittifāq (agreement). This is because it is not possible for him to travel with her alone. He said: The persons traveling in her company should also not confine themselves with her except that they do so for a day or two. Allah knows best.

[1] Ibnu Hajar al-‘Asqalani in his commentary of this hadīth said: ‘Aqrā halqā is without tanwīn in the narration but tanwīn is permissible in the lughah. Abū ‘Ubaidah considered it śawwāb (correct). This is because it means du’ā’ (supplication), for ‘aqr and halq as how it is said saqyan, ra’yan and its likes from the maśdars (verbal nouns) which are supplicated for. The former (without tanwīn) means na’at (description), not du’ā. Further, the meaning of ‘aqrā: ‘aqrāhā Allahu, which means: “He wounded her” and it is said: “made her ‘āqir (barren), unable to bear children.” It is also said “He wounded (‘aqara) her qaum (people.)”. The meaning of halqā is: he shaves off (halaqa) her hair which is an adornment of a lady or the pain in the throat (halq) afflicted her or the halq of her people by her misfortune. This means it destroyed them. Al-Qurtubī transmitted that this is a phrase that the Jews say to a menstruating woman and this is the origin of these two phrases. The Arabs then extended with regard to saying these without intending it’s realities. Such as their saying “May God fight him” or “May his arms cleave to the dust” ( to mean may he be unsuccessful) and its likes. Al-Qurtubi and the others said : what a difference between his saying, Salutations of Allah and His Peace upon him, to Śafiyyah as compared to what he said to ‘Ā’ishah when she had menstruation during hajj ” This is something that Allāh has prescribed upon the daughters of Adam.” with regard to how he emphasized with her with affection and sympathy towards her in contrast to Śafiyyah. I say: This narration does not show the abasement of the worth of Śafiyyah to him but there is ikhtilāf (difference) of kalām (speech) due to the ikhtilāf of maqām (context). As for ‘Ā’ishah, he came to her while she was crying out of grief due to what she missed of her hajj rites and he thus consoled her. As for Śafiyyah, he desired from her what a man desires from his wife, and then a barrier is revealed. Thus it agrees with what he spoke to her in that situation, with regards to each of the two situations.

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