باسم الله والحمد لله والصلاة والسلام على رسول الله وعلى آله وأصحابه ومن والاه

Allah bless you for your question, especially given the uniqueness of the circumstance it relates to.

Firstly, a pilgrim must do everything in their capacity to fulfil the rites of Ḥajj in completion, as Allah has commanded:

“وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ”

(Qur’ān 2:196).

“And complete the Ḥajj and ʿUmrah for Allah.”

Part of completing Ḥajj is to fulfil its rituals, obligations, and recommended acts, which are inclusive of the actions of the final days in Minā, which Allah Almighty references when He says:

“وَاذْكُرُوا اللَّهَ فِي أَيَّامٍ مَعْدُودَاتٍ”

(Qur’ān 2:203).

“And remember Allah during the appointed days.”

The scholars unanimously agree that these “appointed days” are the Days of Tashrīq (the 11th, 12th, and 13th of Dhul-Ḥijjah). After this command, Allah permitted hastening the departure after two days of the Days of Tashrīq, as He says:

“فَمَنْ تَعَجَّلَ فِي يَوْمَيْنِ فَلَا إِثْمَ عَلَيْهِ”

(Qur’ān 2:203).

“So whoever hastens after two days, there is no sin upon him.”

This hastening occurs by leaving Minā on the 12th of Dhul-Ḥijjah, as agreed upon by the scholars.

Therefore, a pilgrim must spend the nights of the 11th and 12th in Minā and pelt the Jamārāt on these two days, as these acts are part of remembering Allah, which He has commanded in the verse. It is not permissible for the pilgrim to leave Minā and hasten departure before completing these rites. This is the original ruling indicated by the evidence.

For someone forced to leave early (on the 11th or the night of the 12th before the fajr prayer):

If someone is compelled to leave Minā on the 11th day or the night of the 12th before the fajr prayer (i.e., before the pelting of the 12th commences), the scholars have differed on what is required of him upon two broad views:

The view which is preferred, given the collective evidence, is that if someone is forced to leave Minā as described above and cannot complete the rites, then no penalty sacrifice (dam) is required of him at all. This is based on Allah’s words:

“فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ”

(Qur’ān 64:16).

“So fear Allah as much as you are able.”

Additionally, in the two authentic books of ḥadīth, al-Bukhārī and Muslim, from Abū Hurayrah (may Allah be pleased with him), the Prophet ﷺ is reported to have said:

“إِذَا أَمَرْتُكُمْ بِأَمْرٍ فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ.”

“If I command you to do something, do of it whatever you can.”

This indicates that if someone is truly unable to fulfil a particular obligation of Ḥajj due to an impossible circumstance, they are excused and no penalty is due. This is also the position of the Ḥanafīs, Mālikīs, and Shāfiʿīs, meaning: if an obligatory act of Ḥajj is missed due to its performance being extremely difficult or impossible, no sacrifice is required.

Ibn Nujaym (a prominent Ḥanafī jurist) specifically mentions that if a woman misses the pelting because of the crowd, she is not required to offer anything, following the Ḥanafī view that if a woman misses the standing at Muzdalifah due to fear of harm, she is not liable for anything.

Supporting evidence

It is also supported by the fact that in the Sunnah, there is a dispensation for leaving out an obligation in Ḥajj when there is an excuse, without requiring a sacrifice. For example, the Prophet ﷺ permitted the shepherds and water carriers not to spend the nights in Minā due to their work, and he did not require them to offer a sacrifice. Ibn ʿAbbās’ statement about the penalty only applies to those who leave out an obligatory act without an excuse.

What if appointing someone to pelt is possible?

It is recommended (and some scholars say obligatory if possible) for the pilgrim who is compelled to leave early to appoint someone to pelt the Jamārāt on his behalf on the 12th day, if he can do so. If he cannot find anyone to appoint, then the obligation is lifted due to his excuse, and no penalty is due.

The evidence for the permissibility of appointing someone to pelt on one’s behalf due to their being unable is found in the narration of Jābir (may Allah be pleased with him), who said:

“حَجَجْنَا مَعَ رَسُولِ اللَّهِ ﷺ وَمَعَنَا النِّسَاءُ وَالصِّبْيَانُ، فَلَبَّيْنَا عَنْ الصِّبْيَانِ وَرَمَيْنَا عَنْهُمْ.”

(Musnad Aḥmad).

“We performed Ḥajj with the Messenger of Allah ﷺ, and there were women and children with us. We said the Talbiyah on behalf of the children and pelted on their behalf.”

Regarding this, the prominent Mālikī scholar, Ibn ʿAbd al-Barr, said:

“لَا خِلَافَ بَيْنَ الْعُلَمَاءِ فِي أَنَّ مَنْ عَجَزَ عَنِ الرَّمْيِ لِعُذْرٍ أَنَّهُ يُرْمَى عَنْهُ وَإِنْ كَانَ كَبِيرًا.”

“The scholars do not disagree that someone unable to pelt due to an excuse may have someone else do it for him, even if he is an adult.”

This is further supported by the fact that deputising is generally permissible in Ḥajj for someone genuinely unable to complete certain acts themselves.

Ṭawāf al-Wadāʿ (Farewell Ṭawāf)

As for your question regarding Ṭawāf al-Wadāʿ (Farewell Ṭawāf), it is still obligatory for the pilgrim to perform the Farewell Ṭawāf before leaving Makkah, even before the final pelting is circumstantially incomplete, based on the Prophet’s ﷺ saying:

“لَا يَنْفِرَنَّ أَحَدٌ حَتَّى يَكُونَ آخِرُ عَهْدِهِ بِالْبَيْتِ.”

“Let none of you depart until the last thing he does is to circumambulate the House.”

From an Islamic law perspective (uṣūl al-fiqh), when the Prophet ﷺ said, “لَا يَنْفِرَنَّ أَحَدٌ”, this phrase is an indefinite phrase within a sentence citing a prohibition. This means it doesn’t specify or exclude anyone or any circumstance in particular.

To further explain, in Islamic law, if such a phrase comes in a context where something is forbidden, it means the rule applies to everyone generally, irrespective of circumstance, unless there’s a valid reason for exemption, such as in the case of a female experiencing her menstrual cycle or a person being prevented. So here, it would mean that every single pilgrim must perform the Farewell Ṭawāf before they leave Makkah after Ḥajj, even if they have the obligatory pelting yet to complete.

Thus, even if the pilgrim still has some actions left to be completed on his behalf by others (like appointing someone to pelt), this does not prevent them from doing the Farewell Ṭawāf before they leave Makkah, similar to how someone may appoint another to slaughter their hady (Ḥajj sacrifice) on the 13th day, and leave on the 12th after having done their Farewell Ṭawāf.

However, if you genuinely cannot perform this Ṭawāf because you’re unable to reach the Ḥaram on the 11th day after pelting, or on the night of the 12th, due to travel logistics and the authorities requiring you to be at the airport at a certain time, then you are considered excused as explained above. In this case, no penalty or sacrifice would be required from you.

وَاللَّهُ أَعْلَمُ

And Allah knows best.