Is an utterance of 'Allahu Akbar' obligatory for one incapable of speech during prayer?
Chapter on the Description of Prayer
Al-Mughni
Book of Prayer
Primary text
If a person is mute (*akhras*) or incapable of uttering 'Allahu Akbar' in any language, the requirement to utter it is waived (*saqata 'anhu*). This is because the obligation to speak the Takbir rests upon capability, and when the capability is absent, the necessity of uttering it ceases, analogous to how the obligation to stand (*qiyam*) being waived eliminates the necessity of rising to it, even if one is capable of rising. Furthermore, the movement of the tongue without actual articulation is considered mere fidgeting (*'abath*) that is not sanctioned by the Shari'ah and is therefore impermissible in prayer, similar to fidgeting with other limbs.
Supporting text
The Qadi is of the opinion that the mute person is obligated to move their tongue because a capable person is required to articulate the utterance via tongue movement; thus, if they are incapable of one aspect (speech), the other (tongue movement) is required. This view is rejected because the requirement for tongue movement is contingent upon the necessity of the actual utterance (Takbir), which is waived due to inability.