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

The Mushtarak (common) Lafzh is that Lafzh that has been provided for two or more meanings in respect to a number of situations. Each meaning from amongst the meanings has been provided for a particular situation or reality in the case where the Lafzh was provided for a meaning and was then used and provided again for another meaning and so on.

Examples:

- The Lafzh ‘Al-Qur’u' (has been provided for two meanings: The period of purity and the period of menses.

- The Lafzh ‘Al-‘Ain’ has been provided for the meaning of the eye that sees, the spring of water and for the spy (amongst other meanings).

- The Lafzh ‘Ar-Rooh’ has been provided with the meaning of the secret of life, the realisation of the connection with Allah and with the meaning of Jibreel (as).

This indicates that the ‘Mushtarak’ represents a reality within the Arabic language. However, the existence of the Mushtarak is opposed to the ‘Asl’ (original position) as the ‘Asl’ (origin) is for every meaning to have a specific Lafzh allocated to it i.e. the origin is for there not to be such an Ishtiraak (common wordings with different meanings).

1 – The differences in Arab tribes in respect to the provision of the Alfaazh to their meanings. So a certain tribe would provide a particular Lafzh for a meaning whilst another would use the same Lafzh for a different meaning, and so on.

2 – The Lafzh has been provided for a meaning and then is used in other that meaning in accordance to Majaaz (metaphorical usage) and thereafter the metaphorical (Majaaziy) usage became well-known or widely employed. Then after the passing of time it is transmitted to us in regards to it being provided for two meanings; the Haqeeqiy (literal) and the Majaaziy (metaphorical).

3 – That the Lafzh was provided and set for a meaning within the language and then it was provided within the ‘Istilaah’ (terminological convention) with another meaning. This is like the Lafzh ‘As-Salaah’ which was provided in the language with the meaning of the ‘Du’aa’’ (supplication) and then this Lafzh was provided in the Istilaah (terminological convention) of the Shar’a with the meaning of the well-known ‘Ibaadah (act of worship) manifested in the Rukoo’, the Sujood and so on…

1 – If the Lafzh revolves between the possibility of Al-Ishtiraak (i.e. having more than one meaning) or Al-Infiraad (having one meaning alone) then the Ghaalib ‘Ala Azh-Zhann (most probable) is Al-Infiraad and that is because Al-Ishtiraak is contrary to the Asl (original position). 2 – It is permissible to use the Mushtarak in more than one meaning from its meanings together and the evidence for that is that this has happened in the Qur’aan Al-Kareem. Allah (swt) said:

The Salaah from Allah is Maghfirah (forgiveness) whilst from the angels it is the seeking of forgiveness (Al-Istighfaar).

And Allah (swt) said:

The Sujood (prostration) of the solid inanimate things and the creatures is there submission to the system that Allah Ta’Aalaa has imposed and obliged upon them whilst the Sujood (prostration) of the people is manifested in the placing of the forehead upon the ground. And so it is established that Allah Ta’Aalaa intended the two meanings from the Lafzh ‘Sujood’ (prostration).

3 – Specifying the Mushtarak to one of its meanings requires a Qareenah that specifies that meaning and if no Qarenah is found, like the case in the two previously mentioned Aayah, then it is obligatory to understand it according to all of its meanings.

Allah (swt) said:

The Rooh (spirit) here is Jibreel (as) and the Qareenah is his descending with the Wahi upon the Messenger for him to be a Warner to the people.

And Allah Ta’Aalaa said:

The Rooh in this Aayah is the secret of life and the Qareenah for that is understood from the framing and context of the Aayah in respect to the creation of Aadam (as).

4 – If a Mushtarak Lafzh has been mentioned within a Shar’iy Nass (text) of the Kitaab or the Sunnah it is examined: If a Qareenah is found to carry it over to one of its meanings then that meaning is taken. If, however it is Mushtarak between two meanings or more linguistically and there is no Qareenah to outweigh one of the meanings then all of them are carried over as was mentioned in point 2 above.

And if it was Mushtarak between a linguistic meaning and a Shar’iy Istilaahi meaning in the absence of a Qareenah then it must be carried and understood in accordance to the Istilaahi Shar’iy meaning. An example of that is found within the Qawl of Allah (swt):

That is because the Salaah linguistically is the Du’aa (supplication) whilst the Salaah in its Istililaahi Shar’iy meaning is the well-known Salaah that the Messenger of Allah (saw) explained to us. The same applies in respect to the Zakaah because its meaning as provided by the Arabs means growth (An-Namaa’) whilst its Shar’iy Istilaahi meaning is the money (or property) that is taken from the wealth of the wealthy Muslims and given to their poor in accordance to the Shuroot (conditions) that the Shar’a has stipulated and explained.

In the previous Aayah no Qareenah is mentioned to indicate what is intended from the expressions ‘As-Salaah’ and Az-Zakaah’ in terms of them referring to the linguistic or the Shar’iy meaning. In this situation and those similar to them the Shar’iy meaning for the Lafzh (wording) is taken because the Shaari’ (Legislator) addresses with the meaning that He has provided for the Lafzh (wording) and not in accordance to the meaning that was provided within the language in origin.

If this had not been the case, then transferring or moving the linguistic meaning to the Shar’iy meaning would be without purpose or point and Allah is glorified above that.