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

There could be a Lafzh (wording) mentioned within the text that is open to more than one possible meaning. And so in this situation, which meaning should be taken?

Example:

Allah (swt) said:

The meaning of the Lafzh ‘As-Salaah’ according to the provision of the Arabs (i.e. meaning its linguistic meaning) is Ad-Du’aa (supplication). Its meaning however in accordance to the Shar’a provision (i.e. its Shar’a meaning) is the specific actions that the Messenger of Allah (saw) explained and which begin with the Takbeerah of Al-Ihraam and ends with As-Salaam. And so which of the two meanings is intended within this Aayah?

The scholars of Usool have provided a Qaa’idah (principle) for this: It is that the Haqeeqah Al-Lughawiyah Ash-Shar’iyah outweighs the Haqeeqah Al-Lughawiyah Al-Wad’iyah (the linguistic Shar’iy meaning outweighs the linguistic provided meaning by those Arabs who set and put down the language originally). Consequently, the intended meaning of ‘Establish the Salaah’ is the Shar’iy meaning of As-Salaah. We have previously discussed the categories of the Haqeeqah when discussing the subject area of Arabic studies in the second part of the book, so please refer back to that for further detail. The conflict between the Dalaalaat (implications/indications/meanings) of the single Lafzh (wording) within the text requires outweighing one Dalaalah over another.

The Dalaalaat that a single Lafzh can potentially hold are the following:

1 – Al-Ishtiraak: This is when the Lafzh is one and the meanings are multiple or numerous (more than one) like the Lafzh ‘Al-Qur’u’ which can mean both At-Tuhr (purity from menstruation) and Al-Haid (menstruation).

2 – An-Naql (transference): This is when the Lafzh transfers from its linguistic meaning to its ‘Urfiy (customary) or Shar’iy meaning.

3 – Al-Majaaz (metaphorical): This is when the Lafzh indicates a meaning other than the Haqeeqiy (literal) meaning that has been provided for it. That is due to a preventative Qareenah that prevents the literal meaning being intended.

4 – Al-Idmaar: This is where a Lafzh is concealed before the Lafzh that is present in the text in order to complete the meaning that the text came to express. This is like in the Qawl of Allah (swt):

What is intended in this Aayah of Soorah Yousuf is to ask the ‘people’ of the town.

5 – At-Takhsees (specification): This is where the Khaass (specific) Lafzh takes out or excludes some of the Afraad (individual elements) which are included in the Lafzh Al-‘Aamm (general worded expression) from the Hukm found in the Lafzh Al-‘Aamm to another Hukm. So for instance the Lafzh (wording) ‘Ar-Rijaal’ (men) specifies the Lafzh ‘An-Naas’ (people) and the Lafzh ‘Zaid’ specifies the Lafzh ‘Ar-Rijaal’ (men).

In respect to these five Dalaalaat, which the single Lafzh is capable of holding, the ‘Ulamaa of Usool have put down principles for outweighing between two or more of them if they occur or fall within a Shar’iy text. This is as follows: The conflict between the five possibilities: ‘Al-Ishtiraak, An-Naql, Al-Majaaz, Al-Idmaar and At-Takhsees’, occurs upon ten faces (Awjuh) and the controlling principle is to take each one with what is prior to it. So the Naql is Raajih (i.e. it outweighs) over the Ishtiraak, the Idmaar and the Majaaz are equal and each of them is Raajih (outweighing) over both the Naql and the Ishtiraak, whilst the Takhsees is Raajih over the Idmaar, Al-Majaaz, An-Naql and Al-Ishtiraak.

The following practical examples makes this clear:

Allah (swt) says:

The Lafzh ‘Az-Zakaah’ is open to the possibility of being Mushtarak (holding more than one meaning) between the meanings of An-Namaa’ (growth/increase) and the meaning reflected in the amount taken out from the Nisaab.

It is possible for it to have been provided initially in the language for growth/increase (An-Namaa’) which refers to the increase in wealth or property, then it was transferred to the Shar’iy meaning the Shar’a extracted amount (from the wealth that has reached the Nisaab). Here, the Naql (transferred) outweighs the Ishtiraak so that the meaning of the Aayah becomes: ‘Give from your wealth the amount that the Shar’a has explained to the one who has the right to it (or is deserving of it)’.

Allah (swt) said in Soorah Yousuf:

The Lafzh ‘Al-Qaryah’ (town) is open to being Mushtarak (more than one meaning) between ‘Al-Ahl’ (people) and ‘Al-Abniyah (buildings/constructions) i.e. that the Lafzh indicates to one of these two meanings. It is possible for it to be a Haqeeqah (literal meaning) in respect to ‘Al-Abniyah’ however the Lafzh (wording) ‘Ahl’ has been concealed (Idmaar) before the Lafzh ‘Al-Qaryah’. Consequently, the Idmaar outweighs the Ishtiraak and the intended meaning of the Aayah is: Ask the ‘people’ of the town that we had been in.

It is also possible for the Lafzh ‘Al-Qaryah’ to have been used metaphorically (Majaaz) to indicate to the residents of the town and in that case the Majaaz would outweigh the Ishtiraak.

Allah (swt) says:

The Lafzh ‘Najas’ (impure) is open to being metaphorical (Majaaz)

carrying a non-physical or moral impurity and it is possible to be transferred (Naql) from its linguistic meaning to its Shar’iy meaning referring to the Shar’iy Najaasah (impurity) that is purified from like the urine and blood for example.

The Majaaz (metaphorical) outweighs the Naql (transferred) and the impurity of the Mushrikeen is considered to mean the moral or non-physical impurity and not the sensed Shar’iy impurity. It is therefore permitted to eat with them, to make physical contact and to drink from their vessels without the need of purification.