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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who performed the farewell tawaf in Hajj without wudu' (ablution) while forgetting?

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Question:
A questioner says: My wife performed Hajj, and during the farewell tawaf, she circumambulated without being in a state of wudu' (ablution) out of ignorance. I did not know about it until some time later. What is the ruling?

Answer:
She owes a fidyah (ransom payment), because the tawaf of one who is not in a state of wudu' (ablution) is not valid. Purity is a condition for the validity of tawaf, because the Prophet (peace and blessings be upon him) used to perform wudu' (ablution) when he intended to perform tawaf. It was reported in a hadith of Ibn Abbas that "tawaf around the House is a prayer"
except that you talk during itإلا أنكم تتكلمون فيه
Jami` at-Tirmidhi 960Hasan (Darussalam)
and its chain of narration is authentic up to Ibn Abbas, but it is mawquf (stopping at a Companion). This mawquf report has the ruling of a marfu' (traced to the Prophet) report, because such a statement is not made based on personal opinion. Therefore, the conclusion is that purity is a condition for tawaf, just as it is for prayer.
If she performed the farewell tawaf while not in a state of wudu' (ablution), then she has not performed the farewell tawaf. She owes a fidyah (ransom payment): she must slaughter a sheep in Makkah and distribute it to the poor, or she may appoint someone to slaughter it and distribute it to the poor. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم مَن طاف طواف الوداع في الحج بغير وضوء ناسيًا؟ للشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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