Praise be to Allah.Praise be to Allah.
In the answer to question no. 34695 we mentioned the difference of scholarly opinion concerning the condition of being free of minor impurity in tawaaf. Some of the scholars – who are the majority – are of the view that being in a state of purity and free of minor impurity is a condition of tawaaf being valid. The other opinion is that being free of minor impurity is not a condition of tawaaf being valid, and that tawaaf of one who is in a state of minor impurity is valid.
As there is a difference of opinion concerning this matter, the one who is in Makkah should not do tawaaf without wudoo’, so as to avoid an area concerning which the scholars (may Allah have mercy on them) differed, and so as to be on the safe side.
As for the one who completed his Hajj and went back to his homeland, we hope that there will be no blame on him for that, and that his Hajj will be valid, in sha Allah, based on the view that being in a state of purity is not essential for tawaaf, as this is a strong view which has its share of evidence.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
This is what gives peace of mind: that it is not essential in tawaaf to be free of minor impurity, but it is undoubtedly better and more perfect and more in line with the teaching of the Prophet (blessings and peace of Allah be upon him), and no one should go against the view of the majority of scholars concerning this matter. But sometimes a person may be compelled to follow the view of Shaykh al-Islam [IbnTaymiyah], such as if he breaks his wudoo’ during tawaaf when it is extremely crowded. In that case the view that he must go and do wudoo’ and come back through these crowds, especially if he only has a few circuits left, causes a great deal of hardship, and in cases where there is a great deal of hardship and there is no clear text concerning the matter, we should not compel people to abide by it; rather we should follow the view that is more lenient, because obliging people to follow that which causes hardship, without clear evidence, is contrary to the words of Allah, may He be exalted (interpretation of the meaning): “Allah intends for you ease, and He does not want to make things difficult for you” [al-Baqarah 2:185].
End quote from ash-Sharh al-Mumti‘ (7/263)
And Allah knows best.