It is well known that if this woman remains in ihrām, she will remain permanently barred from sexual intercourse. Indeed, according to one of their two opinions, she is also barred from sexual foreplay, and even from contracting marriage, using perfume and hunting, according to those who maintain these prohibitions. Our Sharia does not prescribe anything of this kind.

Even supposing that some who hold that a person prevented from proceeding by illness or lack of funds must remain in ihrām were to maintain such a view—in the case of a sick person with no hope of recovery, or a poor person who can stay where he is but cannot travel—their position would be refuted by the fundamental principles of the Sharia. No jurist would say that Allah has commanded a person incapacitated by illness, with no hope of recovery, to remain in ihrām until death. The most that could be said is that he must appoint someone to perform Hajj on his behalf, as al-Shāfiʿī and Ahmad held regarding the basic obligation of Hajj.

They therefore held Hajj to be obligatory for an incapacitated person if he possesses sufficient wealth for someone else to perform it on his behalf, since, in their view, the basis of the obligation is possession of provisions and a mount. According to Mālik, it is physical ability, however achieved; according to Abū Hanīfah, it is the combination of both. According to Ahmad, either of these two conditions independently establishes the obligation, so Hajj becomes obligatory in either case. None of the imams of the Muslims has said that an incapacitated person must perform Hajj or ʿumrah in person. How, then, could he remain in ihrām, obliged to complete Hajj until he dies?

Second: If this woman is able to return and does so, the same thing that happened on her first visit may happen on her second, if she can return only with the pilgrim company: she may menstruate throughout their stay in Mecca.