As for the one departing from Makkah, he is not permitted to leave until he bids farewell to the House with a circumambulation (Tawaf) of seven times. This is obligatory, and whoever abandons it incurs a sacrifice (dam). This is the opinion of al-Hasan, al-Hakam, Hammad, al-Thawri, Ishaq, and Abu Thawr. Al-Shafi'i stated in one of his opinions: Nothing becomes obligatory by leaving it, because it is waived for the menstruating woman, so it is not obligatory, like the Tawaf al-Qudum (arrival circumambulation), and because it is like the greeting of the House (tahiyyat al-bayt), which resembles the Tawaf al-Qudum.
Our argument is what Ibn Abbas narrated, saying: People were commanded that their final act should be with the House, except that it was lightened for the menstruating woman. Agreed upon (2). And in Muslim, he said: People used to depart in every direction, so the Messenger of Allah (peace and blessings of Allah be upon him) said: "Let no one depart until his final act is with the House." There is nothing in its being waived for the excused person that permits its waiver for others, just as prayer is waived for the menstruating woman but remains obligatory upon others. Rather, specifying the menstruating woman with its waiver is proof of its obligation upon others, for if it were waived for all, specifying her with it would have no meaning. When its obligation is established, it is not a pillar (rukn) by consensus; that is why it is waived for the menstruating woman while the Tawaf al-Ziyarah is not. It is called Tawaf al-Wada' (Farewell Circumambulation) because it is for bidding farewell to the House, and Tawaf al-Sadr because it is at the time of the people's departure (sudur) from Makkah. Its time is after one has finished all his affairs so that his final act is with the House, according to the custom of bidding farewell to one's brothers and family, which is why the Prophet (peace and blessings of Allah be upon him) said: "...until his final act is with the House."
Section: Whoever has his residence within the Haram is like the Meccan; no farewell is required of him. And whoever (3) has
= 2/963. And Abu Dawood, in: Chapter on Farewell, from the Book of Manasik. Sunan Abi Dawood 1/462. And Ibn Majah, in: Chapter on the Farewell Circumambulation, from the Book of Manasik. Sunan Ibn Majah 2/1020. And al-Darimi, in: Chapter on the Farewell Circumambulation, from the Book of Manasik. Sunan al-Darimi 2/72. And Imam Ahmad, in: al-Musnad 1/222. (2) Extracted by al-Bukhari, in: Chapter on the Farewell Circumambulation, from the Book of Hajj. Sahih al-Bukhari 2/220. And Muslim, in the aforementioned location. (3) In [A]: "And if".
