Fatawaa

Subject : Islamic Ruling on the one who Skipped Tawaf Al-Ifadah but Performed Tawaf Al-Wada`
Fatwa Number : 3890
Date : 23-06-2024
Classified : How to Perform Haj and Omrah
Fatwa Type : Search Fatawaa

Question :

I was performing Hajj, but skipped Tawaf Al-Ifadah. However, before departing from Mecca, I performed Tawaf Al-Wada` (the farewell circumambulation) and intended it as Tawaf Al-Wada`, not as Tawaf Al-Ifadah. What is the ruling of Sharia on this?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Tawaf Al-Ifadah is a pillar of Hajj, and a pilgrim does not complete their Hajj without performing it. This pillar does not have an expiration time and remains obligatory for life. Shaykh al-Islam Imam al-Nawawi, may Allah have mercy on him, said in enumerating the pillars of Hajj: "The Tawaf and Sa'i do not have a deadline - and Imam al-Khatib al-Shirbini commented on this, saying - and they remain required from the one who has not done them." [Mughni al-Muhtaj, Vol. 6/P. 62].

The Shafi'i school of thought is of the view that if a pilgrim has not performed Tawaf Al-Ifadah, which is a pillar of Hajj, and performs another Tawaf with a different intention, such as for Tawaf Al-Wada', the Tawaf counts for the pillar of Hajj and not for the intended purpose. Therefore, the pilgrim would have fulfilled the pillar and it would be considered as completed. Imam al-Khatib al-Shirbini, may Allah have mercy on him, said: "If one has to perform Tawaf Al-Ifadah and intends it for something else, whether it is a voluntary Tawaf, Tawaf al-Qudum (arrival), or Tawaf al-Wada', it counts as Tawaf Al-Ifadah, just as it does for the obligatory acts of Hajj and Umrah." [Mughni al-Muhtaj, Vol. 2/P. 253].

Tawaf Al-Wada' is a mandatory act of Hajj, and neglecting it requires expiation (kafarah), though some scholars consider it a Sunnah (recommended). Shaykh al-Islam Imam al-Nawawi, may Allah have mercy on him, stated: "When one intends to leave Mecca, they perform Tawaf Al-Wada' and should not stay after it. It is mandatory and compensable by a sacrifice (dam), but in another opinion, it is a Sunnah and not compensable." [Minhaj al-Talibin, p. 90].

The required expiation for neglecting a mandatory act is to slaughter a sheep and distribute its meat to the poor of the Haram. If one is unable to do this, even by deputing someone to do it on their behalf in the Haram, then they must fast for ten days; three of these days should be during Hajj and seven upon returning home. However, for the expiation related to neglecting Tawaf Al-Wada', the obligation to fast the three days begins from the time one reaches their home. Shaykh Sa'id Ba'ashan al-Shafi'i, may Allah have mercy on him, mentioned: "Except for Tawaf Al-Wada', the obligation to fast the three days begins upon reaching one's homeland or the travel distance (The distance which allows shortening the prayers)" [Bushra al-Karim, Vol. 1/P. 659].

In conclusion, whoever misses Tawaf Al-Ifadah, which is a pillar of Hajj, and performs any other Tawaf with any intention and at any time after standing at Arafat, it counts as Tawaf Al-Ifadah and their Hajj is valid, and by doing so, they have missed Tawaf Al-Wada'. According to the reliable opinion of the Shafi'i school, Tawaf Al-Wada' is a duty of Hajj, and neglecting it requires a sacrificial offering of a sheep and distributing its meat to the poor of the Haram. If one is unable to perform this, they move to fasting, which entails fasting for ten days after returning home. Alternatively, according to another opinion in the school, Tawaf Al-Wada' is recommended, and those who miss it are cleared from liability, following the Maliki school of thought. And Allah the Almighty knows best.

 

Note: Tawaf Al Ifadah is an Arabic word that means “Tawaf of Poring Forth.” 

 






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