Usool Al Fiqh Semester 3
1-28-07 Introduction Definition – the science helps you organize the rulings, etc. Is this really necessary? If you know all the rulings, perhaps you don‟t need the science used for deriving the rulings. Some scholars teach usool al fiqh before teaching fiqh and some teach fiqh first. Notice that we learned fiqh first before usool al fiqh however we studied hadith terminology before studying hadiths. Based on the wording, scholars differed on the definition. Some scholars defined each word differently and they defined usool differently and fiqh differently and some defined it as one word. “knowing the methods and procedures that show the jurist the ways of deriving and extracting the verdicts from the evidences and the methods of reconciling or preferring one opinion over the other if there‟s a contradiction.” We also have usool al fiqh as a combination of the two terms defined separately. Usool is Plural of Asl which is a principle. Linguistically, Asl is what branches from something. Religiously, Asl means different things. Scholars use it to refer to an evidence (synonymous with daleel). Al Asl also is used to mean “in principle” – for example, in principle (asl) all acts of ibada are haram. Fiqh linguistically means “understanding”. Religiously, it is “knowing the religious rulings derived from the detailed rulings.” Also, when we say “knowing,” we mean in general, not in every single issue. Nobody knows every ruling. But studying usool al fiqh means he can derive a ruling. So the definition (when terms are separated) is “the evidences of the Islamic practical rulings and knowing their impact in general.” So the definition (when the terms are combined) is “knowing the principles that allow deriving the detailed religious rulings.” In usool al fiqh we study the evidences and how they entail the verdicts through ijtihad. We don‟t study rinsing the mouth in wudu and whether its recommended or required. Also, we don‟t discuss whether the Book of Allah is a source for legislation (that‟s the job for aqeeda). However, we might discuss in the book of Allah, what the levels of the different rulings are. Another group of scholars considered the subject of usool al fiqh is : the religious rulings and how they‟re proven. Obligation, recommendation, prohibition, permissibililty. We have different writings in usool al fiqh because scholars differed in how to define it and what to include in their books. In general, the essential tpics of usool al fiqh are: Evidences. Rulings. Difference and agreement amongst the evidences. Deriving and Extraction. (istimbaat) Ijtihad. Methods of scholars in writing – 3 major methods: The method of the speakers – used by the majority, malikis and shafis and some hanbalis. The method of the hanafis The method of the later scholars – it‟s easier because it combines the two. The difference of the maliks and shafis mention the general principles and their evidences. They studiy the principles as a method of deriving the rulings. Of the scholars who wrote according to this method: Al ghazali: al mustasfa. Al amidi: Ihkam al Ahkam. (common title. Ibn hazm wrote a book by the same title) The method of the hanafi scholars is establishing the principles based on the branches. So they usually establish the principle based on the detailed rulings. So it‟s nearer to the books of fiqh. Of their books: Addabbousi: al usool. Al bazdawi: al usool (common title) The method of the late scholars that combined the two previous methods: Ashawkani: irshad al fuhool. (guiding the eminent). Ashatibi: al muwafaqat. (this is in English) Historical Preview These things existed of course during the time of the Prophet just like fiqh existed and tafsir existed, but no book was written of course. Usol al fiqh is a new science that was not separated in distinguished writings because there was no need for it. The companions knew the Arabic language, knew the reasons of revelation and they were in proximity to the messenger. So they knew the rulings and the principles. After the generation of the companions, jurists needed the principles to derive the rulings from the evidences so it became written separately. First book written on usool al fiqh was written by imam shafi: ar-risala. It means “letter” because it was written as a letter to someone who requested that he consolidate the sources of fiqh. After he had a legacy from the fatwas of the companions and their successors and after he saw debates and disputes among scholars of madinah and iraq, he wrote the basics of this type of knowledge. That doesn‟t mean we don‟t have other books before imam shafi, but we probably didn‟t preserve them. Scholars mentioned that imam mohd ibh hasan ash shaybani wrote a book on usool al fiqh. Usool al fiqh existed as fiqh existed also before writing the books.
Difference between fiqh and usool al fiqh: usool deals with issues of principle. Fiqh deals with detailed issues. Usool al fiqh deals with generalities as they exist in Arabic, while in fiqh we deal with detailed rulings. (usool requires more knowledge, it‟s a higher level.) Usool discusses the methods of deriving the rulings. How this is permissible or prohibited while fiqh gives the ruling. Benefits of studying usool al fiqh: How to derive rulings and how can you derive the ruling. Implementing the rulings on current situations. You understand and interpret the evidences. You have structured understanding and methodology. Example, many years after the death of imam shafi, scholars were able to say this would be the opinion of the Imam. How? Because shafi had a clear methodology. Today, we have fake scholars who vary in their fatwa even on the same issues because they‟re not systematic in their examination of the evidences. You learn how to compare and outweigh opinions. Objective and Purpose: the principal objective of usool al fiqh is to regulate ijtihad and to guide the jurist in his effort at deducing the law from its sources. The principal purpose of usool al fiqh is to help the jurist obtain an adequate knowledge of the sources of shariah. (Book page 4 line 7). 2-4-07 Proofs of Shariah Many books treat usul al fiqh differently. Some start with ahkam, some start with usul, etc. Any ruling (hukm) that is given has to be based on an evidence. It is one of the major sins to say something is halal or haram without knowledge – ibn al qayyum reminded the scholars in his book that they are signing on behalf of God. We‟ll discuss in general the evidences (adillah) for ruling the rulings (ahkam) in general. The author considers the two principal themes of usul al fiqh are the adillah and the ahkam. Ghazali mentioned 4 things in his book (al mustasfa – the purified one) – the hukm, al mustasmir (the investor or in this case, the mujtahid), al istithmar (the methods of deriving the rulings and weighing evidences), and then al-mustadhmar (what we consider adilat al ahkam). Definition of Hukm – means proving or establishing one thing in respct to another which may be affirmative or negative. (even saying this is cold or this person is tall is all considered hukm). In Usool Al Fiqh: the commands of Allah which is related to the actions of the individuals. Definition of Dalil: literally means guide. (the guide for the Prophet on the Hijra was abdallah ______ al-daleele or something) also a saying in Arabic kalbee daleelee (my heart is my guide). In usool al Fiqh – an indication or source from which a practical rule of shariah __________ Classification of evidences. Transmitted – like Quran and Sunnah Rational – why? Because islam is religion from Allah so it has to make sense. Independent and restricted or dependent – the Quran and Sunnah are independent evidences. Qiyas is dependent – needs a source. Definitive and Speculative evidences – The Quran is definitive and the mutawatir hadiths are definitive. Some ayats are unclear and the indication from them is speculative and some hadiths are speculative. Proofs about which there is a unanimous agreement. Proofs about which the vast majority agreement. And proofs about which there‟s a general disagreement. We all agree that the Quran Sunnah and Ijma are proofs (ignore the author‟s exception of the mutazila‟s objection to ijma). We all agree that Qiyas is a proof except for the Dhahiria. The Sequence of Adillah Book of Allah. Sunnah of the Messenger Ijma‟ Qiyas Istihsan Istislah Istishab Urf – custom – Allah tells us to apply the urf, but it does not take precedence over the other evidences. In class – read chapter 1. 2-11-07 Quran – the first source of legislation
Definition: linguistically – recitation or recited, from the root qara‟. Religiously - The book that was revealed to the Messenger (saw), beginning with fatiha and ending with sura an-nas. “the book containing the speech of God revealed to the Prophet (saw) in Arabic, and transmitted to us by continuous testimony beginning with fatiha and ending with an-nas.” It‟s important to define it because it has the highest authority. Why do you mention in the definition that its in Arabic? Because the translation is not quran. Why do you mention that it‟s mutawatir? Because there was stuff revealed that‟s authentic, but not mutawatir. Mention fatiha and nas to exclude the divine narratives and abrogated ayats. What is the difference between Quran and the divine narrative? You don‟t get the same reward, you can‟t recite it in your prayer, it is literally the speech of Mohammad, so it‟s not by itself miraculous. These are issues of hadith and tafsir studies – why do we discuss this in usul al fiqh. Once we say something is Quran, we don‟t need to check it‟s authenticity, but if it‟s a divine narrative, we have to check its authenticity. What about the abrogated ayats? If they are not written in Quran anymore, then we do not recite them in our prayers. So wet-nursing 5 times to establish foster-relation is abrogated Are there non-arabic words in the Quran? Allah says “we have revealed this Quran in a clear Arabic” – doesn‟t that mean all of the Quran is in Arabic? No, first there are names like ibrahim and gibreel – these are non-arabic words simply pronounced in Arabic. Scholars also agreed that there is no non arab consctruction or styles in the Quran. The orientalists make a big deal out of this because they want to say Mohammad took from other books. The correct opinon – there are words that are originally non-arabic but they became arabized through usage. Words like “mishkah, yam, sijjil” etc. Difference between revelation and Quran? There is hadith qudsi and wahy, etc. Different recitations: There are different opinions that stem from the different recitations of the Prophet (saw). 6263 ayats in Quran. About 600 ayats deal with ahkam. There are some recitations that are not mutawatir – they are not Quran, so what do we do with them? Remember the conditions for mutawatir: 1. accomadates the othmani script 2. used by language 3. multiply narrated So what do we do with authentic narrations that are not mutawatir? Can we recite them in prayer? No. but what is stronger, an ahad hadith or an ahad ayat? Obviously the ayat. So 10 mutawatir narrations and 4 shaad (odd) narrations. Makki and Madani The context derives rulings. Mekki is before hijra and medina is after hijra. The later ayats supercede the ones that come earlier as long as they completely contradict. More suras were revealed in mecca, but more Quran was revealed in medina. 2-18-07 Quran as a source of legislation Definitive and Speculative ayats: A definitive text (Qati3) is one which is clear and specific; it has one meaning and admits no other interpretation. example: you deserve half of what your wives left if they had no children – however there is still speculation in the meaning of wife and the meaning of children, but half is definitive. Example: the adulteress and the adulterer flog them each a hundred stripes. One hundred is definitive but the terms adulterer and the term flog are speculative. A speculative text (dhanni) is open to interpretation or ijtihad. Example – “you‟re prohibited to marry your mothers and your daughters” Example – “wipe your heads” – speculation on the letter ba. Example – “Allah permitted selling and prohibited Riba” Brevity and Detail The overwhelming majority of the ayats of the Quran are brief and general (mujmal)
Imam shatabi says “experience shows that every scholar who resorted to the Quran in search of the solution to a problem has found in the Quran a principle that has provided him with some guidance on the subject” – doesn‟t this contradict? No the Quran has a principle on everything, but the details are found in sunnah. definition of mujmal – brief, concise example – “establish prayer” but when how many times, conditions, etc. – this is mujmal. example – “obey the prophet” read page 34-35. 2-25-07 The five Rules (ahkam al khamsa) Wajib, mandub, mubah, makruh, haram, etc. how to get them from the Quran. If you read an ayat, how do you know? Based on the terms that are used by the Quran, you‟ll learn if it‟s prohibition or what. That means there are certain terms in the Quran, when you see them, you‟ll know the ruling. This is explained in pages 44-46 – very important. Example: 2:222. “ Allah. for Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean.” This means it‟s at least recommended to ask forgiveness and purify yourselves and sometimes it‟s commanded. Examples: 2:43 “and be steadfast in prayer, practice regular charity; and bow down your heads with those who bow down” Example: 2:194 “and fear Allah, and know that Allah is with the pious” – means Allah commanded you to fear him. Example: 2:274 “if you publish your almsgiving, it is well, but if you hide it and give it to the poor, it will be better for you” Here, Allah praises the one who publishes his almsgiving, but he praises the one who hides it more. Example: “and they ask you concerning orphans. Say: the best thing is to work honestly in their property” – means it‟s good. Example: 2:198 “there is no sin on you if you seek the bounty of your lord” – means it‟s permissible to trade at hajj Example: “Allah made trade halal” Example: 2:187 “it is made lawful for you to have sexual relations with your wives on the night of fasting” Example: 2:235 “and there is no sin on you if you make a hint of betrothal or conceal it in yourself” Example: 2:158 “so it is not a sin on him who performs hajj or umrah of the house to walk between as-safa and al-marwah” Prohibition: 2:283: “conceal not evidence; for whoever conceals it, his heart is tainted with sin” 2:173: “he has forbidden you only the maytahtah and blood and the flesh of swine and that which is slaughtered as a sacrifice for others than Allah. “ 2:282: “and the witness should nto refuse when they are called for evidence 3 terms – explained on page 46. Illah Sabab, Hikman Page 51 – inimitability (ijaz) of the Quran 4 things go to the miracles of the Quran: 1. literary excellence 2. historical accuracy 3. prediction of future events 4. scientific miracles. Page 53 – asbab al-nuzul 3-4-07 Sunnah - The second source of legislation Lexically: Sunnah literally means trodden path. It also means an established course of conduct 8:38, 15:13, 35:44 and 48:23. Technical and religious meaning: In hadith terminology: sayings, actions, approvals, (does it include description? This was already discussed) Review definitions of sunnah in fiqh and aqeeda as well. The difference between hadith and sunnah. Hadith is the carrier of the sunnah – the sunnah is transmitted to us through the hadith. khabar: report or hadith from the Prophet Athar: report or hadith from the companions
Read page 61 in book 4:59. O ye who believe! obey Allah, and obey the Messenger, and those charged with authority among you. if ye differ In anything among yourselves, refer it to Allah and His Messenger, if ye do believe In Allah and the Last Day: that is best, and Most suitable for final determination. Classification of the sunnah Matan and sanad – 3 types of sunnah: sayings, actions, and tacit approvals. Sayings are stronger – all scholars agree. (say you miss the sunnah of the subH. When do you pray the sunnah? After the subH or do you wait until after the sunrise. ex. Prophet saw a man praying after the subH and asked him what he was doing and the man responded that he missed the sunnah. However we have the statement of the prophet “if you miss the sunnah of subH, pray it after sunrise.”) There is legal and non-legal sunnah. Legal means legislative, and non-legal is just what the Prophet did as a human being. Abdallah ibn omar used to do this too. END OF FIRST EXAM 3-25-07 Do the actions of the prophet bind every Muslim? No, not necessarily. So you read the prophet prayed 2 rakats – do you then pray 2 rakats? The vast majority said that in principle, the prophet is an example for us. So if the prophet did it, you don‟t wait for a proof to back it up, you just do it until you have an example otherwise. What‟s the proof? “you have a perfect example in him” Read 77-80 – sheikh disagrees with a lot of this. 4-1-07 Rules of interpretation The primary role of usul al fiqh is to regulate ijtihad. Once you study usul, you have the proper tools to deduce the ruling, without it, there will be the chaos of everybody choosing what they want. Tools you need: Generally, understanding the language of the Quran and Sunnah. Obtaining a firm grasp of the words of the text and their precise implications. There are some words in the Quran that read without context are impossible to understand. Also there are words in the hadith where if you‟re not familiar with religious language, you‟ll never understand the meaning of it. Example, P said “he who believes in Allah should not plant his seed over his brothers” – it means you should not marry a woman before her iddah is over. The function of interpretation is to discover the intention of the lawgiver. Interpretation is primarly concerned with the discovery of that which is not self-evident. Types of words In regards to their clarity: they are divided to two categories, clear and unclear. Under clear, we have thahir (apparent and manifest) and Nass (explicit) Under unclear, there are many divisions. From the viewpoint of its scope: Homonym: mutajanis General Specific Absolute Qualified (mujmal) From the viewpoint of their actual use there is haqiqi (literal) and majazi (metaphorical). We have to know when it is literal and when it is metaphorical. Ex. “deaf dumb and blind” is metaphorical. Allah says they are deaf, but they can hear, it‟s a metaphor for their rejecting guidance. Ex. The word ayn has six meanings in Arabic Ayn basira – eyes Ayn jahira – rivers Ayn jasus – spy Etc etc. So the ayat, they are in gardens and they are in “ayn” – what does it mean? It means gardens here.
Sometimes words are used in their primary secondary or customary (urf) sense. Urfi is tricky - Like if I owe you $200 and I pay you 200 canadian dollars. Tawil (allegorical interpretation) Interpretation and explanation. Outcome and aftermath (like yusuf who said “my father, this is the outcome of my dream” – he said tawil) Changing the apparent meaning for an evidence (this is the meaning used in usul al fiqh). Knowing the meaning (interpretation) – how is this different from the first one. Ex. Muhsanat came in the Quran with 4 meanings. If they are married, their punishment is half of the free woman. It could be chaste woman. It could be a free woman. Majazai: Departure from the manifest meaning of a text in favor of another meaning, where there is evidence to justify the departure. Can you just say whatever you want from the Quran? No, there would be chaos. 4 conditions for tawil: 1) there is some evidence to warrant the application of ta‟wil. 2) the word is amenable to ta‟wil (some words are very explicity) 3) the word has a propensity to be interpreted. 4) the person who attempts it must be qualified Read pages 119-120. 4-8-07 Classification A Clear and Unclear words Remember, two types of clear words, dhahir and nass Many types of unclear words: Mufassar and muhkam (unequivocal and Perspicuous). Khafi (obscure) Mushkil (difficult) Mujmal (ambivalent) Mutashabih (intricate) At-thahir (apparent, manifest, a word that has a clear meaning, yet it is open to interpretation, tawil) Examples: forbidden unto you are your mothers. What about grandmothers? Or forbidden are your daughters, what about stepdaughters? “forbidden to you is carrion, blood” – this is thahir – remember the disagreement over animals that died in the water. So basically, the meaning is apparent, but there is room for interpretation. So it‟s not okay to ignore a thahir meaning without an evidence. There must be a valid argument or reason, there is room for tawil but the margin is very low. An-nass (explicit, no possibility of tawil) Example: number of lashes is explicit, you can‟t come and say there is a different number. So if someone came and disagreed with it, you have to look at why and if there‟s no good reason, you don‟t listen to them. Example “in every 40 sheep there‟s one sheep” – the number is nass, the meaning of sheep is thahir. Mufassar Mufassar is a word whose meaning is completely clear. Remember ibn abbas said there are words in the Quran that nobody will be excused from. The mufassar could be by itself or by another evidence. Example: the phrase layat al qadr is unclear but then explained by the text. And then many hadiths explain the meanings of salat, riba, hajj. Muhkam Words that are not subject to abrogation. A good indication of this is when the Quran says abadan (forever) see page 131 just because it‟s muhkam doesn‟t mean it‟s clear or unclear. Some of them are completely unclear, but they still take precedence over nass because nass can be abrogated. Khafi A word that has a basic meaning but is partially ambiguous in respect of some of the individual cases to which it is applied. Ex. Meaning of thief is clear, but whether to apply it to cases of a pickpocket or a grave robber is unclear. Ex. Hadith “the killer shall not inherit” – it is unclear in situations that involve accidental killing, etc.
Al Mushkil Inherently ambiguous and its ambiguity can only be removed through research and ijtihad. Ex. The meaning of Qur, cycle. It has two distinct meanings in Arabic – either menstruation or the cycle between menstruation. Page 134 Al mujmal A word or text which is inherently unclear and gives no indication as to its precise meaning. Sometimes homonyms, sometimes its words that have literal meanings but Islamically, they have a technical meaning that is unknown until explained, like salat, zakat, hajj – these words need to be explained by the prophet. Ex. He who does not recite fatiha has no prayer ( what does no prayer mean exactly? No reward, not accepted, etc?) 4-15-07 Classification B: al amm and al khass From the viewpoint of scope, words are classified into: „Amm Definition: a word which applies to many things, not limited in number, and includes everything to which it is applicable. Example: al-insaan. Every person. Ar-rijal Another def: a word that has a single meaning, but applies to an unlimited number without any restrictions. The word may be „Amm by: Its form. Its meaning Its way of substitution The amm may be used while the purpose of the speaker or the context of the speech is khass Therefore, the amm is not always determined by the word itself. There are three types of Amm: The amm that is Absolute The amm that is meant to imply the khass The amm that is not accompanied by either of the forgoing two varieties of indications. 4-22-07 Classification C: The absolute (mutlaq) and the unqualified (muqaiyad) What is mutlaq? Remember what Amm means, and many scholars say it‟s similar. Mutlaq denotes a word which is not qualified nor limited in its application: book, man, bird. Mutlaq is different from amm in that mutlaq generally talks about attributes while amm generally talks about numbers. When you say book, it is mutlaq, because it talks about a book or books but not necessarily all books like Amm would be. How can you qualify a mutlaq? By saying a green book for example. This process of specifying the mutlaq is called takeed. 3 cases of mutlaq vs. muqayyid: When to qualify the mutlaq: First case, when mutlaq and muqayyid are same in ruling and cause, that is, when one ayat gives a mutlaq and the reason is because of impurity and prohibition. In another ayat, the muqayyid is given for the same cause – impurity and the ruling is prohibition, then the mutlaq is qualified – all scholars agreed. Example – forbidden to you is al-maita. What is forbidden? The blood is mutlaq. The reason is because of filth. In another ayat – “the shed blood” and the reason is filth and the ruling is prohibition. Second case, when mutlaq and muqayyid are different in ruling and cause. First ayat says hand (mutlaq) and second ayat says hands to the elbow (hands to the elbow). Cause is ablution in the first ayat and ruling is obligatory, another case, hands to the elbow (muqayyid) for chopping the hand of the thief. Do you apply the muqayyid to the mutlaq? No, all scholars agreed. Third case, when the mutlaq and muqqayid are different in cause but the same in ruling. Example – freeing a slave but the cause is different. In one ayat, the cause for freeing a slave is a futile oath, in another ayat, free a believing slave for killing someone. Different in cause (oath breaking vs killing) and the ruling is the same (you free a slave in kaffarah). Do you apply the muqayyid to the mutlaq? The majority including shafi say yes you do (i.e. free a believing slave for oath breaking). Hanafi and some say no (free any slave for oath breaking and a believing slave for murder).
Literal (Haqiqi) vs. metaphorical (majazi) Famous example is shafi requiring wudu for touching women. Generally, rulings are based on literal, unless there is an evidence.
Homonym (mushtarak) – a word that has more than one meaning. Page 162. 4-27-07 167-173 Ad-dalalat Levels of textual implication: Ibarat an-nass (explicit meaning) Isharat an-nass (alluded meaning) Dalalat an-nass (inferred meaning) Iqtida an-nass (required meaning) (all levels are agreed upon by scholars though they might split them up differently) Mafhoom al mukhlalafah (divergent meaning – hanafi distinction which differs from majority – sheikh‟s friend wrote his dissertation on this) Ibarat an-nass – (explicit meaning) the immediate meaning of the text derived from its obvious words and sentences. Ex. Allah made trade halal and riba haram. It‟s easy and clear and direct. Ex. Book example – “if you fear that you may be unable to treat the orphans fairly, then marry of the women who seem good to you, two, three, or four. But if you fear that you cannot treat equally, then marry only on.” – what‟s ibarat is the permissibility of marrying more than one. Isharat an-nass (alluded meaning) – the meaning of the text that‟s not clear but still understand directly. Ex. Allah made trade halal and riba haram – isharat is that riba and trade may resemble each other but. Ex. But the one whom the child is born for shall bear the cost of the mother‟s food and clothing on a reasonable basis. Ibarat is that the father is responsible. The isharat is in the “one whom the child is born for” – that the child should bear the father‟s name. Ex. And the pregnancy and the weaning is 30 months. The alluded meaning is that pregnancy can be over after 6 months. Since weaning can be 2 years, that leaves pregnancy for 6 months. Dalalat an-nass (inferred meaning) - The meaning was derived though analogy and the identification of a effective cause which is in common between the explicit meaning and the meaning that is derived through inference. Ex. But the one whom the child is born for shall bear the cost of the mother‟s food and clothing on a reasonable basis. The dalalat is that the father is also responsible for the child‟s provision. Ex. Don‟t say uff to your parents. What‟s inferred is that beating them is also haram. Ex. Tell the believing men to lower their gazes. Inferred meaning is you cannot touch. Iqtida an-nass (required meaning) – the text is silent on the particular meaning, however, the additional meaning is required. Ex. Forbidden unto you are your mothers and daughters. The required meaning is forbidden (for marriage) Ex. Forbidden to you is al-maita. The required meaning is that you understand eating. Ex. Error, forgetfulness are lifted from my ummah. Literally, it means people don‟t err. The required meaning is that it implies to the burden of sinfulness. 4-28-07 Mafhum al mukhalafa The only area of dalalat where scholars differ – mafhum al muhkalafah (divergent meaning) whether it‟s a valid evidence or not. Hanafi vs shafi – the majority generally agree with shafi on most issues of usul al fiqh. The hanafies hold the view that it‟s not a valid evidence while other scholars prove it as a valid evidence. Def – a meaning derived from the words of the text in such a way that it diverges from the explicit meaning thereof. Remember mafhoom al muafaka - The indiction of a text confirming the ruling of the text to a similar ruling of which the text itself is silent do to the same cause. Like, you can‟t abuse your parents because you can‟t say uff. You can‟t touch a woman because you cannot gaze at her. However, mafhum al mukhalafa - The indication of a text to an opposite meanin of the text to what the text itself is silent. All scholars agreed that mafhum al mukhalafah is a vlid evidence in the contracts and transactions among people. So if someone said “half my wealth is endowment” – it necessarily implies that his other half of his wealth is not part of endowment. All scholars agree that mafhum al laqab is not a valid evidence ex. Mohd is the messenger of Allah – does NOT imply that there are no other messengers. When you say “he is strong” it doesn‟t imply nobody else is strong. Ex. “the debt of the deceased should be paid by his money” – does not prevent other expenses from being paid from his money. Several types of mafhum al mukhalafa
Mafhum as-sifah: a quality or attribute must be fulfilled, then the ruling stands Mafhum as-shart: means condition. if that condition is fulfilled, the ruling stands. If you come at 8, I‟ll give you 100 bucks. Mafhum al ghayah: condition is a passage of time that must lapse. At the end of 30 days, I‟ll give you 100 bucks. Mafhum al „Adad: a precise number – give 10 is not satisfied by giving 5 or 15. Mafhum al laqab – not allowed as an evidence. Mafhum as-sifah – when the ruling of a text is dependent on the fulfillment of a quality or an attribute then the ruling in question prevails only when that quality is present. Ex. “in the grazing sheep, there is zakat” – sheep you pay for, you don‟t pay zakat on. This is mafhum al mukhalafa. Hanafis disagree Ex. “and the wives of your sons preceeding from you” Mafhum as-shart – when the ruling of a text is contingent on a condition, then the ruling prevails only in the presence of that condition. Otherwise it lapses. Ex. “and pilgrimage to the House is a duty unto Allah for mankind, for him who can afford the journey” Ex. “if they are pregnant, then provide them with maintenance until they deliver” Mafhum al Ghayah – when the text itself has an extent for the ruling, this ruling applies only within the scope of the stated limits and when the limits are passed then the ruling is surpassed. Ex. Eat and drink until you see the white thread. Ex. When the Iddah is finished, etc. Mafhum al Adad – when the ruling of a text is conveyed in terms of a specified number, the number so stated must be observed. Ex. Number of witnesses, number of lashes. Ex. “in every 5 camels, there is a sheep” – means you pay zakat on 5 camels, not 4. Conditions of Mafhum al Mukhalfah – because its weak as an evidence, you have to meet 6 conditions. 1) there should not be a cause in what the text is silent about equal to the text itself. Otherwise, the evidence is mafhuma la muwafaqah not mukhalafah. 2) No evidence contradicts the mafhum – no evidence contradicts the mafhum – i.e. no evidence clarifies what the text is silent about. 3) The text should not be an answer to a question 4) There should not be another lesson for the opposite meaning as if it was what people usually do. Ex. “And do not force your slave girls to fornicate if they desire chastity.” Does this mean you can force them if they aren‟t chaste or desire chastity? No you cannot force them under any circumstance. Allah just mentions this to illustrate what normally happens. 5) The extent is not mentioned to condemn an action “do not eat riba multiplied” – does this mean it‟s ok to eat riba that is not multiplied? No Allah mentions this to show what people used to do and condemn it. 6) The text is not mentioned for exaggeration. Ex. “seek forgiveness or do not, if you ask 70 times, they won‟t be forgiven” – does this mean you can ask 71 and they might be forgiven? No, Allah did not imply something special about the number 70. however, the Prophet (saw) asked for their forgiveness over 70 times. Evidences These limits are mentioned for a reason. Allah does not mention a word without a wisdom. The arabs used to use this style in their speech. If you tell someone “give your poor neighbor $100, it‟s obvious that you don‟t want him to give the rich neighbor.” The hanafis do not disagree with this – in the words of the people, yes, in the words of the Quran, NO. The reason the hanafis disagree is that there are some ayats where there is no mafhoom. Many places we find the text is silent yet the ruling is not different from what‟s mentioned in the text Ex. “there is no blame on you if you shorten your prayer if you fear trial from the disbelievers” there is no mafhoom here. If the condition is not met, you STILL shorten your prayer. Omar (ra) asked the prophet we are safe now should we stop shortening our prayer? The Prophet said “this is charity from Allah.” Ex. Number of months is 12 with Allah. 4 of them are sacred, “so do not do injustice to yourselves in them” – you are not allowed The fruit – there are some situations where there is no evidence besides the mafhoom. the divorced wife whose divorce is irrevocable, does she deserve the provision or not? Allah says: “if they were pregnant, provide for them until they deliver” The hanafis say yes you provide, but the majority say no. they all agree that if the pregnant woman can be remarried, then you provide for her. The mafhoom would be that ….