The ruling on one who leaves the farewell tawaf after 'Umrah
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The questioner : The questioner says: We performed 'Umrah, and we arrived in Makkah before dawn. We performed our 'Umrah, bought suhur, and ate suhur. Then we prayed Fajr, slept, and prayed Zuhr. After the Zuhr prayer, we left for our town without performing the farewell tawaf. Do we owe anything, given that the hadith of the Messenger (peace and blessings be upon him) says, "Let one of you make his last visit to the Haram," and we left immediately after the Zuhr prayer?
The Shaykh : The wording of the hadith is not as the questioner stated. Rather, the wording of the hadith is in two forms. The first form: Ibn 'Abbas (may Allah be pleased with him) said, "The people were departing from every direction, so the Prophet (peace and blessings be upon him) said:Musannaf Ibn Abi Shaybah 9:969 The second form: Sahih al-Bukhari 1755.
The farewell tawaf for 'Umrah is a matter of disagreement among scholars. So, if one leaves it relying on the fatwa of a scholar whose knowledge is trusted, he owes nothing. As for one who believes it is obligatory—and the correct view is that the farewell tawaf for 'Umrah is obligatory, just as it is obligatory in Hajj—the known position among scholars is that one who leaves an obligatory act must pay a fidyah (ransom payment) that is slaughtered in Makkah and distributed to the poor. This is except if the person is poor and does not own money to buy the fidyah, in which case it is dropped from him, based on the saying of Allah the Exalted:[Al-Baqarah 2:286] It is not obligatory for him to fast ten days, as some scholars said that one who is unable to perform the obligatory ritual due to leaving an obligatory act must fast ten days. This view has no evidence for it. Rather, we say that one who leaves an obligatory act should be scrupulous by slaughtering a fidyah in Makkah to be distributed to the poor, and if he does not find the means, he owes nothing.
As for these people who returned after staying in the Sacred Mosque for half a day and returned without tawaf, I see that being scrupulous and clearing one's conscience, as long as they did not rely on the opinion of any of the scholars, is to slaughter a fidyah in Makkah. Each one slaughters a fidyah in Makkah to be distributed to the poor, and if he does not find the means, he owes nothing.
The Shaykh : The wording of the hadith is not as the questioner stated. Rather, the wording of the hadith is in two forms. The first form: Ibn 'Abbas (may Allah be pleased with him) said, "The people were departing from every direction, so the Prophet (peace and blessings be upon him) said:
No one is to depart until his last visit is to the House
لا ينفر أحد حتى يكون آخر عهده بالبيتThe people were ordered to perform the Tawaf of the Ka`ba (Tawaf-al-Wada`) as the lastly thing, before leaving (Mecca), except the menstruating women who were excused.
أمر الناس أن يكون آخر عهدهم بالبيت إلا أنه خفف عن الحائضThe farewell tawaf for 'Umrah is a matter of disagreement among scholars. So, if one leaves it relying on the fatwa of a scholar whose knowledge is trusted, he owes nothing. As for one who believes it is obligatory—and the correct view is that the farewell tawaf for 'Umrah is obligatory, just as it is obligatory in Hajj—the known position among scholars is that one who leaves an obligatory act must pay a fidyah (ransom payment) that is slaughtered in Makkah and distributed to the poor. This is except if the person is poor and does not own money to buy the fidyah, in which case it is dropped from him, based on the saying of Allah the Exalted:
Allah does not charge a soul except [with that within] its capacity
لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَاAs for these people who returned after staying in the Sacred Mosque for half a day and returned without tawaf, I see that being scrupulous and clearing one's conscience, as long as they did not rely on the opinion of any of the scholars, is to slaughter a fidyah in Makkah. Each one slaughters a fidyah in Makkah to be distributed to the poor, and if he does not find the means, he owes nothing.
Source
اللقاءات الرمضانية لعام 1411هـ - 4 — binothaimeen.net (47:53)
The Arabic text is a machine transcription of the audio recording.