Assalamualaikum ustaz. I want to ask when I and my family performed umrah recently, my daughter menstruated on the last day we were in Mecca and she didn’t get to perform tawaf wada’. My question is, what is the ruling for this and is she fined with dam?
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 begin with Allah SWT’s statement:
وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِ
“And perform Tawaf around the ancient House.” 
Al-Syaukani stated that tawaf means in the verse is tawaf ifadhah. Kaaba is stated as “الْعَتِيقِ” because Allah SWT frees it from the authority of the oppressors. There is another opinion that states that the meaning is an honour. 
Regarding tawaf wada’, according to madhhab al-Syafi’I, it is obligatory as stated in a hadith narrated by 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 such as al-Hasan al-Basri, al-Thauri, Hammad, Abu Hanifah, Ahmad, Ishaq and Abu Thaur. While Malik, Daud and Ibn al-Munzir said that it is sunnah and dam isn’t fined for those who leave it. 
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. 
Exemption for a menstruating woman
However, a menstruating woman is granted facilitation (rukhsah) to leave tawaf wada’ and isn’t fined with any dam. This is as stated in 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.” 
Al-Nawawi stated in this hadith shows that the obligation of tawaf wada’ apply to everyone except menstruating women, for this obligation is abrogated on them. They are also not fined with dam for leaving the tawaf wada’. This is the opinion of madhhab al-Sayfi’I, Malik, Abu Hanifah, Ahmad and most scholars, except what is cited by Ibn al-Munzir from ‘Amr bin Umar and Zaid bin Thabit R.Anhum, where they are of the opinion that the menstruating woman should stay to perform tawaf wada’. 
The 29th National Hajj Muzakarah Resolution lists those who are exempted from performing tawaf wada ‘, not subjected to dam and aren’t sinful. Among them are:
- 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
According to the above discussion, a menstruating woman is given facilitation (rukhsah) to leave tawaf wada’ and the woman isn’t fined with dam for leaving it. Especially when the valid condition of tawaf is to be pure from major and minor hadas, free from najis whether on the body, clothing or place of tawaf.
May Allah SWT grant us all a clear understanding in religion. Amin.
 Surah al-Hajj: 29
 See Zubdah al-Tafasir min Fath al-Qadir by al-Asyqar, pg. 437.
 Narrated by Muslim (1327)
 See al-Minhaj Syarh Sahih Muslim, 9/78-79
 See al-Mu‘tamad fi al-Fiqh al-Syafi‘i, 2/402.
 Narrated by al-Bukhari (1755); Muslim (3284)
 See al-Minhaj Syarh Sahih Muslim, 9/79.