among the scholars is that whatever is obligatory in some circumstances but not others is not an indispensable requirement; rather, an indispensable requirement is something binding upon everyone in every circumstance.

Thus they argued as follows:

When the Prophet (peace and blessings be upon him) waived the farewell circumambulation for menstruating women, this showed that it is not an essential pillar; rather, its omission can be compensated for by a sacrificial offering. Likewise, when he waived the overnight stay at Minā for those responsible for supplying water to the pilgrims, this showed that it is not an indispensable requirement, but an obligatory duty whose omission can be compensated for by a sacrificial offering. Similarly, when he allowed herdsmen and those supplying water to postpone the stoning from one appointed time to another, this showed that performing it at that particular time is not an indispensable requirement. Likewise, when he permitted the weak to depart from Jam‘ during the night, this showed that remaining at Muzdalifah after dawn is not an indispensable requirement, but an obligatory duty whose omission can be compensated for by a sacrificial offering.

This is an argument supporting these scholars among the followers of Abū Hanīfah, al-Shāfi‘ī, Ahmad, and others. Followers of Abū Hanīfah, such as al-Tahāwī and others, have cited it.

If, then, their position is that ritual purity is neither an indispensable requirement for circumambulation nor a condition of its validity, but an obligatory duty whose omission can be compensated for by a sacrificial offering, this indicates that it is not binding upon everyone in every circumstance. For, according to them, whatever is binding upon everyone in every circumstance is an indispensable requirement that must be fulfilled and cannot be compensated for by a sacrificial offering.

Accordingly, if ritual purity is obligatory in some circumstances but not others, its obligation is waived when one is unable to fulfil it, just as all other obligatory duties are waived when one is unable to fulfil them, such as the farewell circumambulation, and just as it is permissible