The ruling on whoever leaves off Tawaful-Wada' among the Hajj Pilgrims
Question :
What is the ruling on whoever leaves off Tawaful-Wada' among the Hajj pilgrims?
Answer:
It has been authenticated from the Messenger of Allâh ﷺ that he said:
"No one should leave until his last act is at the House (the Ka'bah)."
This was recorded by Muslim in his Sahih from a Hadith of Ibn 'Abbas. Both the two Shaykhs (Al-Bukhari and Muslim) also recorded it from Ibn 'Abbas with him saying: "The people were commanded to make their last act at the House (the Ka'bah), but the matter was lightened for the menstruating woman." Indeed the Prophet ﷺ performed Tawaful-Wada' at the House when he finished his acts during the Farewell Hajj and he wanted to travel. And he said:
"Take your Hajj rites from me."
All of these Hadiths prove the obligation of Taeful-Wada", except for the menstruating woman and the woman with postnatal bleeding. So, whoever leaves it off among the Hajj pilgrims, he must slaughter an animal as he has opposed the Sunnah and left off an obligatory rite. This is the correct view from the opinions of the scholars. Indeed it has been authenticated from Ibn 'Abbas that he said: "Whoever leaves off a rite or forgets it, then he must shed blood (i.e., slaughter an animal)." This is the view of most of the scholars. In reference to the menstruating woman and the woman with postnatal bleeding, they are not obligated to perform Taraful Wada'. This is due to the mentioned Hadith of Ibn 'Abbas and that which has been reported with its same meaning.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 4 Pages 193-194
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