Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

Some of the ‘Ulamaa made the ‘Azeemah and the Rukhsah from among the types of the Hukm At-Takleefiy based upon them returning back to Al-Iqtidaa’ and At-Takhyeer. That is because the ‘Azeemah represents an Iqtidaa’ (request to do or leave) and so it (the action) could be Waajib or it could be Haraam. This is whilst the Rukhsah represents At-Takhyeer (choice). This is the opinion of Al-Qaadiy Al-Baydaawiy and Ibn As-Sibkiy.

Other ‘Ulamaa classified them with the categories of the Hukm Al-Wad’iy because the ‘Azeemah is an expression of making the normal condition or situation of the people a cause (Sabab) for the continuation of the general original rulings (Al-Ahkaam Al-Asliyah Al-‘Aammah) and because the Rukhsah represents making the extraordinary situation of the people a cause (Sabab) for the lightening or easing (of the rulings). This is in the case where the Sabab (cause) is from amongst the Ahkaam Al-Wad’iyah and not At-Takleefiyah. This is the opinion of Ash-Shaatibiy and Abu Haamid Al-Ghazaaliy.

This second opinion is the stronger because the ‘Azeemah represents a Wasf (description) of the Hukm At-Takleefiy in the normal or regular situation of the people whilst is does not represent the actual Hukm At-Takleefiy which is either Haraam or Waajib. And it is because the Rukhsah represents a description of the Hukm At-Takleefiy in the extraordinary situation whilst it does not represent the actual Hukm At-Takleefiy which is Ibaahah after Tahreem or Ibaahah after Wujoob (i.e. permissibility after originally being Haraam or permissibility after originally being Waajib).

Al-‘Azeemah linguistically means: Being resolved upon a certain matter (or determined to see it through) which means that he moves towards it in sure and determined manner. According to the Istilaah (terminological definition):

Al-‘Azeemah are the Ahkaam that have been legislated in a general manner and the ‘Ibaad (servants/people) have been enjoined to act in accordance to them like the Wujoob of the Salaah or the Tahreem of Al-Maitah (carrion).

Ar-Rukhsah linguistically means: Ease and facility.

In accordance to the Istilaah: The Rukhsah represents the Ahkaam that have been legislated as a lightening of the ‘Azeemah due to an ‘Udhr (excuse). The Hukm of the ‘Azeemah remains whilst the ‘Ibaad (servants/people) are not compelled to act in accordance to the Hukm of the ‘Azeemah.

Examples:

The obligation to fast the month of Ramadhaan is an ‘Azeemah whilst breaking the fast by the sick person is a Rukhsah.

Washing the body part (limb) in the Wudoo’ is an ‘Azeemah whilst wiping over the injured, wounded or broken limb represents a Rukhsah.

Standing in the prayer is an ‘Azeemah whilst sitting when incapable of standing represents a Rukhsah.

The prohibition of eating carrion (Al-Maitah) is an ‘Azeemah whilst the permission for the one compelled out of necessity to eat it represents a Rukhsah.

The prohibition to drink Khamr is an ‘Azeemah whilst the permission for the one compelled out of necessity to drink it is a Rukhsah.

Therefore, the ‘Azeemah is that which its legislation is general and does not specify some of the Mukallafeen whilst ignoring others, and it does not provide the choice of acting by it and acting by something other than it, but rather compels the Mukallaf to work in accordance to it alone.

This is whilst the Rukhsah is that which its legislation is out of the ordinary or extraordinary circumstances due to an ‘Udhr (excuse). Its legislation is considered when the ‘Udhr comes into being whilst it is not given consideration when the ‘Udhr (excuse) is no longer there. It is specific to the Mukallafeen who are characterised by this ‘Udhr (excuse) alone (and does not apply to other than them).

For the Rukhsah to be considered as a Rukhsah in accordance to the Shar’a, it must have a Daleel Shar’iy that indicates or guides to it. That which a Daleel Shar’iy does not indicate is not considered to be a Rukhsah as the Rukhsah is a Hukm Shar’iy that Allah (swt) has legislated due to an excuse (‘Udhr). Consequently, the ‘Udhr represents the Shar’iyah Sabab for the Hukm of the Rukhsah; if the Sabab exists so does the Rukhsah and if the Sabab (i.e. the ‘Udhr/excuse) does not exist then the Rukhsah does not exist.

Analogy (Al-Qiyaas) is not made with the excuses of the Rukhsah because they are not Shar’iyah ‘Ilal (reasonings) but are rather A’adhaar (excuses) and each ‘Udhr (excuse) is specific to its specific ruling in itself. So for instance blindness represents an ‘Udhr for not partaking in Al-Jihaad whilst it is not an ‘Udhr for leaving the Salaah or the Sawm.

And the Safar (travelling) represents an ‘Udhr (excuse) for shortening the Salaah but it is not said that the Safar is an ‘Illah (reason for the legislation) due to there being hardship involved in it. Rather, it is an ‘Udhr which Allah Ta’Aalaa has considered to be an ‘Udhr and not because it involves hardship. As such, the Musaafir (traveller) can shorten his prayer when he meets the specified travelling distance for shortening and even if he is travelling by plane. This is whilst, on the other hand, the traveller does not shorten at less than this distance and even if he is travelling in the severity of the heat of the desert. That is because hardship is not the ‘Udhr that has given the Rukhsah (permission) for shortening but rather the excuse (‘Udhr) that has provided the Rukhsah for shortening is As-Safar (travelling), in its description as travelling, without giving any consideration to the hardship involved. The same applies to all of the A’adhaar (excuses) upon which the Rukhas (special permissions) are built upon by way of a Shar’iy text.