with the House. So if he performs the farewell and then busies himself with trade or residence, he must repeat it. This is the opinion of 'Ata', Malik, al-Thawri, al-Shafi'i, and Abu Thawr. The Hanafis (Ashab al-Ra'y) said: If he performs the farewell circumambulation or performs a voluntary circumambulation after it has become permissible for him to depart, it suffices him for the Farewell Circumambulation, even if he stays for a month or longer, because he circumambulated after it became permissible for him to depart, so he is not required to repeat it, just as if he had departed immediately after. Our argument is his (peace be upon him) statement: "Let no one depart until his final act is with the House." (2) Also, because if he stays after it, it ceases to be a farewell in practice, so it does not suffice him, just as if he had circumambulated it before the permissibility of departure. However, if he fulfills a need on his way, or purchases provisions or something for himself along his path, he does not repeat it, because that is not a residency that disqualifies his circumambulation from being his final act with the House. This is the opinion of Malik and al-Shafi'i, and we know of no one who disagrees with them.
662- Issue: He said: (If he departs before the farewell, he shall return if he is close, and if he is far (1), he shall send a sacrifice.)
This is the opinion of 'Ata', al-Thawri, al-Shafi'i, Ishaq, and Abu Thawr. The "close" one is he who is at a distance from Makkah less than the distance for shortening prayers (qasr). The "far" one is he who has reached the distance for shortening prayers. Ahmad explicitly stated this, and it is the opinion of al-Shafi'i. 'Ata' held the view that the one circumambulating is considered close. Al-Thawri said: The limit for that is the Haram; whoever is in the Haram is close, and whoever leaves it is far. The rationale for the first position is that one who is below the distance of qasr is in the status of a resident in that he does not shorten his prayers or break his fast, and for this reason we have counted him among those present at the Sacred Mosque. It has been narrated that 'Umar returned a man from Murr (2) to Makkah so that his final act would be with the House. Narrated by Sa'id. Whoever (3) is unable to return
(2) Its authentication (takhrij) was mentioned previously on page 336. (1) In the original: "ab'ad" (farther). (2) Murr, with a damma, is a valley in Batn Idm. It is said it is Batn Idm. Mu'jam al-Buldan 4/495. And Idm is a water source traversed by the road between Makkah and al-Yamamah. Mu'jam al-Buldan 1/305. The intention is not Batn Marr, with a fatha on the mim, because it is inside the Haram. (3) In B and M: "wa-in" (and if).
