What is the ruling regarding Ihram when a distant person returns after leaving the Haram area without Tawaf al-Wada'?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
If the 'Far' person returns, it is preferable that they do not cross the Miqat unless they are in a state of Ihram. This is because they are not among those with excuses, and thus they must perform Tawaf for their 'Umrah (if applicable) and Sai, in addition to Tawaf al-Wada'. The matter of whether the Damm is waived remains subject to the previous difference of opinion. If they are within the Miqat distance, they don the Ihram from where they are.
Supporting text
If the 'Near' person returns, the apparent meaning of the scholarly statements is that Ihram is not obligatory upon them because they returned to complete an ordered rite, thus resembling one returning for Tawaf al-Ziyarah. If a person performs Tawaf al-Wada' and departs, but then re-enters Makkah for a need, it is preferred that they do not enter except in a state of Ihram, and it is preferred that upon leaving again, they perform Tawaf al-Wada'.