Is it permissible for anyone to depart Mina (Nafar) during the first departure (Nafar al-Awwal) on the second day?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The consensus of scholars is that whoever intends to leave Mina and depart the sacred boundary, not intending to reside in Mecca, may depart after midday on the second of the Tashriq days. This permissibility is based on the saying of Allah the Most High: "So whoever hastens [his departure] in two days - there is no sin upon him, and whoever delays - there is no sin upon him for the one who is righteous" (Quran 2:203). Furthermore, the Prophet (PBUH) stated: "The days of Mina are three; so whoever hastens in two days, there is no sin upon him, and whoever delays, there is no sin upon him." This Hadeeth is considered the foundation of the rites.
Supporting text
Ahmad disliked those who departed early staying in Mecca. Malik permitted those with valid excuses among the people of Mecca to depart early, but not for the sake of merely lightening the burden of Hajj. Some argue based on Umar's statement that everyone may depart in the first departure except the family of Khuzaymah, which Ahmad and Ishaq interpreted to mean the people of the Haram (Mecca residents). Generally, departure in the first Nafar is permissible for everyone, similar to departing from Arafat and Muzdalifah.