the two reports from him, as well as one of the two views in Mālik’s school. According to the other view, he gestures with his eyes and calls the actions to mind. This is the view of al-Shāfiʿī and of Ahmad in one of the two reports from him. The first view is more consistent with transmitted evidence and sound reasoning.

As for Hajj, the case under discussion is one in which she can perform it only in this manner. If she cannot do otherwise, this is the utmost she is capable of, just as someone might be able to circumambulate only while riding or with physical impurity on him.

If it is said: “There are two questions here. First, why is a menstruating woman not treated like a physically incapacitated person, appointing a proxy unless she expects to be able to perform Hajj and circumambulate? Second, since the Lawgiver does not permit her to pray during menstruation, although He permits a person in a state of major ritual impurity following sexual activity to pray after dry ablution, and permits a woman experiencing non-menstrual bleeding to pray, this shows that worship cannot be valid during menstruation under any circumstances.”

The reply is: As for the first question, a physically incapacitated person is someone unable to reach Mecca. Someone who can reach Mecca but is unable to fulfil some of the obligations is not considered physically incapacitated in this sense. This is like someone who can reach Mecca but cannot avoid physical impurity, such as a woman experiencing non-menstrual bleeding, a person with urinary incontinence, or others in similar circumstances: such a person is obliged to perform Hajj by consensus.