Sat 19 Jm2 1435 - 19 April 2014
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He did the farewell tawaaf then he stayed overnight in Makkah and prayed Jumu’ah there

Someone performed the obligatory Hajj a few years ago. He went to Makkah and did the farewell tawaaf, then he stayed there overnight and prayed Jumu’ah the next day, then he went home to his family. Does he have to do anything in this case?.

Praise be to Allaah.

Firstly: 

The farewell tawaaf is obligatory for the one who wants to leave Makkah after completing the pilgrimage rituals, because of the report narrated by al-Bukhaari (1755) and Muslim (1328) from Ibn ‘Abbaas (may Allaah be pleased with him) who said:  The people were commanded that the last thing they should do is to circumambulate the House, but an exception was made for menstruating women. 

So tawaaf should be the last thing that a person does before leaving Makkah. If he does the farewell tawaaf then stays in Makkah after his tawaaf, his tawaaf is invalidated and he must do it again when he is going to leave, unless he stays in Makkah after the farewell tawaaf to load his luggage or wait for his companions, in which case it does not matter. But if he stays overnight in Makkah after doing the farewell tawaaf, then he must do tawaaf once again before he leaves. If he does not do it then he must offer a sacrifice, to be slaughtered in Makkah and its meat distributed to the poor of the city. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: 

A questioner is saying: we were not able to leave Makkah after doing the farewell tawaaf because the tawaaf was at night and we had children with us, so we left Makkah the following day. 

He (may Allaah have mercy on him) replied: What the one who wants to leave Makkah after doing Hajj or ‘Umrah should do is make tawaaf the last thing that he does, because of the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him: The people were commanded that the last thing they should do is to circumambulate the House. But if it so happens that a man does the farewell tawaaf on the basis that he is going to leave, but he gets distracted by something, such as if his car needs fixing or he has to wait for his companions, and so on, then he does not have to repeat the tawaaf. Similarly, the scholars said that if he needs to buy something on his way, not for the purpose of trade, then he does not have to repeat tawaaf. 

But if a person decides after doing the farewell tawaaf to stay in Makkah overnight until the next day, or during the day until the next night, then he must repeat the farewell tawaaf so that it will be the last thing that he does. End quote from Fataawa Noor ‘ala Darb

He (may Allaah have mercy on him) was also asked: We hear many people saying that the one who does the farewell tawaaf should not stay overnight within the boundaries of Makkah at all, and if he sleeps in Makkah that night, he has to circumambulate the House again. Is this correct or not? Because that may cause us some hardship, as we come tired and we cannot leave before we take a rest in Makkah, and doing tawaaf again is too difficult for us because it is too crowded with pilgrims.  

He (may Allaah have mercy on him) replied:  The farewell tawaaf is the last thing that a person should do, because the Prophet (peace and blessings of Allaah be upon him) said: “No one of you should leave until the last thing he has done is to circumambulate the House.” Based on that, you should prepare yourself not to leave and not to do the farewell tawaaf until you have completed all your business, then leave straight away. 

But it is allowed for a person after doing the farewell tawaaf to offer a prayer, if the time for it has begun, and to buy things on his way as he is walking. But with regard to staying in Makkah, if he stays he has to repeat the farewell tawaaf. 

Based on this, there is no sin on you if you left the boundaries of Makkah and then stopped overnight on the road and rested, then carried on with your journey. End quote from Fataawa al-Noor ‘ala al-Darb

Secondly: 

From the above it is clear that the person asked about has to offer a sacrifice, namely a sheep to be slaughtered in Makkah and its meat distributed to the poor of the city. If he cannot afford that, then he must fast for ten days, as is the well-known view of Imam Ahmad. Some scholars are of the view that he does not have to do anything in that case, because there is no report of doing anything in the event of omitting an obligatory part of Hajj except offering a sacrifice.  

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, after discussing in detail the ruling on one who omits an obligatory part of Hajj: 

In that case we say to the one who omitted an obligatory part: offer a sacrifice in Makkah and distribute its meat to the poor either by yourself or delegate someone trustworthy to do it on your behalf. If you cannot do that, then your repentance is sufficient and you do not need to fast. This is our view on this issue. End quote from al-Sharh al-Mumti’ (7/441). 

And Allaah knows best.

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