al-Jami' (17): He shall not perform the takbir in other than Arabic, and his status shall be that of the mute, similar to one who is unable to recite in Arabic and does not express it in any other language. The first [view] is more correct; for the takbir is a remembrance (dhikr) of Allah (18), and the remembrance of Allah the Almighty is achieved in any language. As for the Qur'an, it is Arabic; thus, if he expresses it in other than Arabic, it is not considered Qur'an, whereas dhikr does not lose its status as dhikr by doing so (19).

Section: If he is mute or incapable of the takbir in any language, it is dropped from him. The Qadi said: He must move his tongue; because it is incumbent upon the one who is able to perform it by moving his tongue, so if he is incapable of one of the two [forms], the other becomes binding upon him. This is not correct; for it is an utterance he is incapable of, so moving his tongue is not binding upon him in its place, just as with recitation. He is only obligated (20) to move his tongue with the takbir while capable of it, by necessity, since the takbir is dependent upon it. Thus, if the takbir is dropped, that which is of its necessity is also dropped, just like one for whom standing is dropped, for whom the act of rising to it is dropped, even if he were able to do it. Also, because (21) moving the tongue without speaking is a futile act that the Law has not ordained, so it is not permissible in prayer, like being preoccupied with his other limbs.

Section: He must perform the takbir while standing. If he inclines toward the bowing (ruku') such that he becomes bowing before completing the takbir, his prayer is not established, unless it is a voluntary prayer (nafilah), due to the standing being dropped in it. It is possible that it is also not established; because the nature of bowing is different from the nature of sitting, and he has not performed the takbir while standing nor sitting. If he were one whose prayer is valid while sitting, he would be obligated to perform the takbir before the occurrence of the bowing from him. The Qadi said: If he performs the takbir in an obligatory prayer while inclining toward the bowing, it is established as a voluntary prayer; because it was impossible for it to occur as an obligatory one, and it was possible to make it voluntary, so it resembles one who entered into an obligatory prayer, then it became apparent that its time had not yet begun.