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 Hajj in completion, as Allah has commanded:

“And complete the Hajj and ‘Umrah for Allah.” (Qur’an 2:196).

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

“And remember Allah during the appointed days” (Qur’an 2:203).

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

“So whoever hastens after two days, there is no sin upon him” (Qur’an 2:203).

This hastening occurs by leaving Mina on the 12th of Dhul Hijjah, as agreed upon by the scholars.

Therefore, a pilgrim must spend the nights of the 11th and 12th in Mina and pelt the Jamarat 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 Mina 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 Mina 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 Mina 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:

“So fear Allah (meaning: fulfil your obligations and rights) as much as you are able (meaning: to the best of your ability).” (Qur’an 64:16).

Additionally, in the two authentic books of hadeeth, Bukhari and Muslim, from Abu Huraira (may Allah be pleased with him), the Prophet ﷺ is reported to have said:

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

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

Ibn Nujaym (a prominent Hanafi jurist) specifically mentions that if a woman misses the pelting because of the crowd, she is not required to offer anything, following the Hanafi 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 Hajj 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 Mina due to their work, and he did not require them to offer a sacrifice. Ibn Abbas’ 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 Jamarat 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 them being unable is found in the narration of Jaabir (may Allah be pleased with him), who said:

“We performed Hajj 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.” (Musnad Ahmad).

Regarding this, the prominent Maalii scholar, Ibn Abd al-Barr said:

“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 Hajj for someone genuinely unable to complete certain acts themselves.

Tawaf al-Widaa’ (Farewell Tawaf):

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

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

From an Islamic law perspective (Usul al-Fiqh), when the Prophet ﷺ said, “none of you,” this phrase is an indefinite phrase within a sentence citing a prohibition. This means it doesn’t specify/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 Tawaf before they leave Makkah after Hajj, 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 Tawaf before they leave Makkah, similar to how someone may appoint another to slaughter their Hady (Hajj sacrifice) on the 13th day, and leave on the 12th after having done their farewell Tawaf.

However, if you genuinely cannot perform this Tawaf because you’re unable to reach the Haram 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.

And Allah knows best