the scholarly authorities, because such a situation did not arise in their time. Their followers reported the statements they found from them. Thus, Mālik and others required the man she had hired for transport to wait for her, provided the roads were safe and remaining behind with her would cause him no harm. In the time of the Companions and others, the leader would wait for menstruating women. Later scholars among Mālik’s followers waived the farewell circumambulation for the hired carrier. The obligation to stay overnight was also waived for those providing water and tending livestock because of their inability to fulfil it.
Their inability necessitates remaining behind with her in these times. There is no doubt that anyone who holds that ritual purity is obligatory for circumambulation, but is not a condition of its validity, would consequently be bound to say that ritual purity is not obligatory in such circumstances, since it cannot be attained. For he holds that someone who circumambulates in a state of ritual impurity and then travels far from Mecca is not obliged to return, owing to the hardship involved. How, then, could this woman be required to do something she can accomplish only with even greater hardship?
In the former case, however, some maintain that a compensatory sacrifice is required. In this woman’s case, there are grounds for holding that no compensatory sacrifice is required, because someone who omits an obligation without negligence owes no compensatory sacrifice, unlike someone who omits it through forgetfulness or ignorance. It may nevertheless be argued that she owes a compensatory sacrifice because this situation is rare.
A comparable case is that of someone whom an enemy prevents from stoning the pillar, so that he cannot do so until he returns to Mecca; or whom an enemy prevents from remaining at Arafat until nightfall; or whom an enemy prevents from performing the farewell circumambulation, when he cannot remain until he can perform it.