It is obligatory for Hajji to stay the eleventh and twelfth night in Mena (and in some cases the thirteenth night is also obligatory) and if he/she stays in any other place in these two night then the atonement is one sheep and it is obligatory to pay the atonement of one sheep for each night.
It is enough to stay half of the night, if it is first or the second half.
It is possible that a Hajji returns to Mecca after the middle of eleventh night for performing the acts of Mecca or returns to Mecca in the day of the Eid after performing the acts of Mena and returns to Mena until the midnight.
Baytuta in Mena also needs to have the intention for closeness to Allah like other acts of Hajj, and it is enough to have in the intention of staying the night in Mena for performing Hajj al-Tamattu’ from Hajjat al-Islam or Mustahab Hajj in the heart.
Whenever a person abstains from performing Baytuta in Mena inevitably or because of an emergency or necessity then there is no sin considered for him/her and also there is no atonement and his/her Hajj is correct.
Some types of people are exempt from staying performing Baytuta in Mena:
1- Old men and women and ill persons and their nurses whose staying in Mena causes them severe hardness.
2- Authorities and servants of caravans in the case that they have to return to Mena for arranging the issues of pilgrims.
3- Those who have fear of danger or harm among the congestion of the crowd when returning.
4- People who are busy all the night performing Tawaf of other worships in Mecca and do not perform any act other than their necessities.
5- Those who have come to Mecca for performing the rituals of Mecca and will return to Mena before the dawn.
Performing Baytuta in the hillsides around Mena (especially in congestion of the crowd) has no problem (also in the hillsides around Mash'ar in the time of Wuquf in Mash'ar at the night of the Eid, but it has problem to stay in the hillsides of the mount “Ma’zmein” which is situated at the beginning of Mash'ar and it is out of the zone of Mash'ar, except the cases of necessity of congestion of the crowd).
Three types of people should stay the thirteenth night in Mena and perform Ramy of triple Jamarat (as obligatory precaution):
1- A person who has hunted an animal in the state of Ihram
2- A person who has performed sexual intercourse with his/her spouse.
3- A person who does not depart from Mena in the twelfth day until the sunset.
Staying the third night in Mena is obligatory in these three conditions, and in other than that the pilgrim can return to Mecca in the twelfth day.
Returning from Mena should be after the Azan of noon in the twelfth day, but those who depart there in the thirteenth day can return before Azan of noon.