Question:
Recently, my family and I went to perform umrah. On our last day there, my wife experienced her menstruation and my daughter had a severe stomach ache and were unable to perform tawaf wada’. Do they need to pay for the dam?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Tawaf al-Wada’ (طواف الوداع) or ‘farewell tawaf’ is worship performed by those who have completed the manasik of hajj or umrah and is journeying back home leaving Bait al-Haram.
It is an obligation according to our madhab al-Syafi’e. This is in accordance with a hadith from Ibn ‘Abbas R.Anhuma, where the Prophet PBUH said:
لاَ يَنْفِرَنَّ أَحَدٌ حَتَّى يَكُونَ آخِرُ عَهْدِهِ بِالْبَيْتِ
“None amongst you should depart until he performs the last circumambulation round the House.”
Sahih Muslim (1327)
Al-Imam al-Nawawi Rahimahullah state in his book al-Minhaj, the above hadith is evidence towards its obligation and whoever leaves it will be fined (dam payment) with the slaughter of a goat. This is the authentic opinion in madhab Syafi’e and most scholars such as al-Hasan al-Basri, al-Thauri, Hammad, Abu Hanifah, Ahmad, Ishak and Abu Thaur Rahimahullah. As for Imam Malik, Daud and Ibn Munzir, they said that it is sunnah and one will not be fined if he leaves it. [1]
The manifest (zahir) indication of this hadith is the obligation of it without any exceptions for anyone, whether it is a man or a woman. However, there are some hadiths which explicitly gives an exception for women who are menstruating from not performing tawaf wada’ and she is not fined. This is stated in a hadith from Ibn ‘Abbas R.Anhuma, where he said:
أَمْرَ النَّاسَ أَنْ يَكُونَ آخِرُ عَهْدِهِمْ بِالْبَيْتِ إِلَّا أَنَّهُ خُفِّفَ عَنِ الْمَرْأَةِ الْحَائِضِ
“The people were commanded (by the Holy Prophet) to perform the last circumambulation round the House, but menstruating women were exempted.”
Sahih Muslim (1328)
Thus, a menstruating woman is exempted from performing tawaf wada’. If she has become pure while still in Mecca, then it is obligated on her to perform tawaf wada’. This is the opinion of madhab al-Imam al-Syafi’e, al-Imam Malik, al-Imam Abu Hanifah and al-Imam Ahmad and other scholars.
As for a sick person, the level of pain and sickness should be considered. If the patient needs to be carried due to the pain or old people who only able to sit on wheelchairs, or he/she suffers from a chronic illness, then they are also exempted from performing tawaf wada’ [2]. Wallahua’lam.
[1] See al-Minhaj Syarh Sahih Muslim. Dar Ihya’ al-Turath al-‘Arabiy, (9/78-79).
[2] See Soal Jawab Ibadat Haji, Umrah & Ziarah (Questions Regarding Hajj, Umrah & Pilgrimage). Published by Bahagian Bimbingan Lembaga Tabung Haji. Updated 2015. pg. 148-150.