Assalamualaikum ustaz. I have a question. After the tawaf wada’ a pilgrim went back to the hotel and perform the Zohor and Asar prayer by jamak taqdim. So, is this permissible? Hope for an explanation.
Waalaikumussalam wrt. wbt.,
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.
We start with the statement of Allah SWT:
وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِ
“And perform Tawaf around the ancient House.” 
Al-Syaukani stated that the tawaf (circumambulation) meant in the above verse is tawaf ifadhah. Kaaba is mentioned as “الْعَتِيقِ” for Allah SWT has freed it from the oppressors. There is another opinion that states the meaning is an honour. 
Regarding tawaf wada’, there is a hadith narrated by Ibn Abbas R.Anhuma, he said:
أُمِرَ النَّاسُ أَنْ يَكُونَ آخِرُ عَهْدِهِمْ بِالْبَيْتِ إِلَّا أَنَّهُ خُفِّفَ عَنْ الْحَائِضِ
“People were commanded to make the Tawaf around the Ka’bah their last rite;(Farewell Tawaf but the menstruating women were excused from it.” 
Likewise, in another hadith from Ibn Abbas R.Anhuma, he said:
كَانَ النَّاسُ يَنْصَرِفُونَ فِى كُلِّ وَجْهٍ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم :لاَ يَنْفِرَنَّ أَحَدٌ حَتَّى يَكُونَ آخِرُ عَهْدِهِ بِالْبَيْتِ
“The people were going in all directions, and the Messenger of Allah (ﷺ) said: ‘No one should depart until the last thing he does is (Tawaf around) the House.’” 
Imam al-Nawawi stated this hadith shows the obligation of tawaf wada’. If neglected, one will be fined with dam. This is the sahih opinion according to our madhhab (madhhab al-Syafi’i) and this is the opinion of the majority of scholars. 
Dr Muhammad al-Zuhaili said that whoever wishes to leave Mecca and return back to his homeland or go to another place, it is obligated for him to perform tawaf wada’ (before exiting). Tawaf wada’ is not a part of the hajj or umrah manasik, but a form of worship on its own. 
Tawaf wada’ is the last worship for pilgrims who have completed their hajj before leaving Mecca. Tawaf wada’ is the last sign of respect towards Masjidil Haram. However, tawaf wada’ is included as the valid obligatory of hajj and not one of the requisites of hajj. Hence, if it isn’t performed, then it doesn’t affect the hajj of a pilgrim, however, it should be mended with a dam slaughter the same for other hajj obligatory matters. 
The 29th National Hajj Muzakarah Resolution lists those who are exempted from performing tawaf wada ‘, not subjected to dam and aren’t sinful in the following circumstances:
- Women who are menstruating or experiencing nifas
- Women experiencing istihadhah bleeding could dirty the mosque
- A person who is bleeding a lot and could dirty the mosque
- A person who couldn’t get access to water or dirt to purify himself from major hadas
- A person who fears for the safety of his life, dignity or wealth
- A person who fears that he may be left by his travel companions. For example, a hajj pilgrim who receives last-minute news that they are leaving Mecca without having enough time to perform tawaf wada’ because the bus is leaving.
- A person suffering from salasulbaul (incontinence) or other similar illnesses
- A person who is forced to leave the tawaf (for emergency/exigent/urgent matters).
- A person who fears a debt collector in a situation where he is really incapable to pay his debt back.
- A person who is very ill or old that he has to be led or carried and isn’t able to sit in a wheelchair.
- A person who is undergoing scheduled intensive care at a treatment centre and in need of medical health personnel to be with him on schedule.
- An officer who always enters and exits Mecca for his services as a guide or officer of hajj pilgrims or for hajj affairs, then the taken opinion is that his tawaf wada’ is abrogated.
While the 20th National Hajj Muzakarah Resolution stated several details of necessities (hajiyat) in matters that can be performed after tawaf wada’, they are:
- Eat and drink as necessary in one’s hotel room.
- Qada’ hajat (urinate or defecate) in the toilet at one’s accommodation.
- Taking one’s begs placed at one’s room.
- Finding with one’s wife, family or lost friend.
- Finding one’s lost property.
- Visit or send a sick person (for emergency cases) to the hospital or clinic.
In the book Buku Fiqh Ibadat Haji, Umrah dan Ziarah, it is stated that performing jamak taqdim at one’s hotel room after tawaf wada’ is permissible and the tawaf wada’ isn’t invalidated. Furthermore, even if the pilgrim returns to his hotel, take a shower, change and pray at his hotel, then went out to wait for the bus in the lobby, then all these acts are permissible. However, one should remember to not lie down on the bed even for a little while because he is tired, because this will invalidate the tawaf wada’ performed. 
Referring to the above question, a person who performed tawaf wada’ should immediately leave the Holy Land of Mecca without postponing it if he can do so to avoid his tawaf wada’ being invalidated and fined with dam. Likewise, performing jamak taqdim in one’s hotel room after tawaf wada’ is permissible and the tawaf wada’ is valid. However, it should be reminded that one shouldn’t dawdle and lie on the bed because it will invalidate the performed tawaf wada’.
May Allah SWT grant us all a clear understanding in religion. Amin.