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

At-talfeeq (concocting, Piecing Together) Amongst The Madhaahib

The meaning of At-Talfeeq:

At-Talfeeq linguistically means: It is from the verb (Lafaqa/Yalfiqu) with the meaning of sewing a piece of garment into another piece whilst At-Tilfaaq means the sewing of a garment into another garment.

What is meant by At-Talfeeq amongst the Madhaahib is: The Muqallid taking from every Madh’hab that which conforms and agrees with his Hawaa (desires) in relation to the Ahkaam Ash-Shar’iyah that he requires without paying any regard to the criteria of outweighing, that we have mentioned, like the level of the knowledge of the one he is adopting from and the strength of the Daleel (evidence).

Examples of this:

That a person makes Taqleed in respect to the invalidators of the Wudoo’ in accordance to what he sees to be lighter than others and so he considers that the touching of the woman does not break the Wudoo’ according to the opinion of Al-Imaam Abu Hanifah, that bleeding does not break the Wudoo’ according to the opinion of Al-Imaam Ash-Shaafi’iy and that sleep whilst sitting does not break the Wudoo’ according to the opinion of Al-Imaam Al-Maalik.

This example illustrates the meaning of At-Talfeeq amongst the Madhaahib. The Muqallid has brought together that which agrees with his desires from the opinions of the Madhaahib within a single issue, which is the invalidators of the Wudoo’. If we were to present what he had adopted before each of the Madhaahib then it would be apparent to us that his Wudoo’ had been invalidated and that it is not permitted for him to perform the Salaah.

That is because according to the Madh’hab of Al-Imaam Ash-Shaafi’iy and Al-Imaam Al-Maalik he would have invalidated his Wudoo’ by the touching of the woman whilst he would have broken his Wudoo’ according to the Madh’hab of Al-Imaam Abu Hanifah by the bleeding.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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