Is it obligatory to repeat Tawaf al-Wada' if one performs it but then engages in commerce or stays in the locale?

Chapter on the Description of Hajj

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 5

Open in Qurani

Primary text

If one performs Tawaf al-Wada' and then engages in trade or settlement, it is obligatory to repeat it. This view is held by 'Ata, Malik, al-Thawri, al-Shafi'i, and Abu Thawr. The evidence against sufficiency is the command that no one should depart until his last act is the House, and if one stays afterwards, the act ceases to be a farewell in custom, thus invalidating its fulfillment, similar to performing it before the time for departure has arrived. If one only attends to necessary errands on the way, such as buying provisions or something for oneself, repetition is not required, as this is not a settlement that negates the finality of the circumambulation. Malik and al-Shafi'i hold this position, and no dissenting opinion regarding this specific matter is known.

Supporting text

The People of Opinion (Ahl al-Ra'y) maintain that if one performs Tawaf al-Wada', or performs a voluntary circumambulation after the time for departure has been permitted, it suffices, even if one stays a month or more, because the departure time has been established. They argue that since the person has performed the circumambulation after the permission to depart was granted, repetition is not required, just as if one departed immediately after.