What is the ruling concerning a person who departs Makkah without performing Tawaf al-Wada'?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The ruling differs based on whether the departing person has reached the distance categorized as 'Near' or 'Far'. The 'Near' distance is considered less than the distance of a shortened prayer (qasr), whereas the 'Far' distance is the distance requiring shortening prayer. This distinction is attributed to Ahmad. Those who are 'Near' are considered in the ruling of a resident in that they do not shorten prayer, and they are counted among the attendees of the Sacred Mosque. If a person who is 'Near' and able to return does not do so, only a blood sacrifice (damm) is due. If returning is impossible due to an excuse, they are treated like the 'Far' person. This ruling applies equally whether the omission was intentional or by mistake, with or without excuse, as it is a necessary rite of Hajj whose intentional and accidental omission are treated the same.
Supporting text
The view held by 'Ata, al-Thawri, al-Shafi'i, Ishaq, and Abu Thawr supports the division based on distance. 'Ata considered the distance of a person from Al-Ta'if as 'Near'. Al-Thawri defined 'Near' as being within the Sacred Sanctuary (Haram), and anyone outside it is considered 'Far'. The reasoning for the first view is that those within the Qasr distance are treated as residents in that they do not shorten prayer.