The general evidence: The Qawl of Allah Ta’Aalaa:
Adillah At-takhsees Al-munfasalah (separated Evidences Of Specification)
The Takhsees that happens by separate evidences only takes place with the Adillah As-Sam’iyah Ash-Shar’iyah which are the Kitaab, the Sunnah, Ijmaa’ As-Sahaabah and Al-Qiyaas, and it is not permitted to specify the ‘Aamm Daleel Ash-Shar’iy (general Shar’i evidence) by the ‘Aqliy Daleel (rational evidence). That is for the following reasons:
A – The Takhsees represents a Bayaan (explanation/clarification). It is Tashree’ (legislation) and the legislation is from the Wahi (divinely inspired revelation) and not from the ‘Aql (mind/intellect/ration). It is therefore not valid for the ‘Aql to be used to specify the Shar’a (divine rule).
B – The indication of the general wording (Al-Lafzh Al-‘Aamm) upon its generality is what is intended from the Shaari’ (Legislator) from the meaning of the Lafzh in accordance to the language and the Shar’a. To then specify this ‘Aamm (general) by the ‘Aql (mind) and exclude some of the Afraad (individual elements) encompassed by the ‘Aamm (general) from the Hukm (ruling) is not valid linguistically. That is because the indication of the Lafzh upon its meaning is only referred back to the language and not to the mind.
The following are the types of At-Takhsees Al-Munfasal (Specification that is separated i.e. it is not within the same text)
1 – The Takhsees of the Kitaab by the Kitaab.
2 – The Takhsees of the Kitaab by the Sunnah.
3 – The Takhsees of the Kitaab by the Ijmaa’ As-Sahaabah.
4 – The Takhsees of the Kitaab by Al-Qiyaas.
5 – The Takhsees of the Sunnah by the Kitaab.
6 – The Takhsees of the Sunnah by the Sunnah.
7 – The Takhsees of the Sunnah by the Ijmaa’ As-Sahaabah.
8 – The Takhsees of the Sunnah by Al-Qiyaas.
9 – The Takhsees of the Mantooq by the Mafhoom.
Examples of this are:
1 – The Takhsees of the Kitaab by the Kitaab.
The general evidence (Ad-Daleel Al-‘Aamm): The Qawl of Allah Ta’Aalaa:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days] (Al-Baqarah 234).
The specifying Daleel: His Qawl (swt):
And for those who are pregnant, their term is until they give birth (At-Talaaq 4).
Consequently, the Aayah of Talaaq (Divorce) has specified the Aayah of Al-Baqarah to apply to other than those who are pregnant in respect to the ‘Iddah (waiting period) of the women whose husbands have died.
2 – The Takhsees (specification) of the Kitaab by the Sunnah:
The general evidence: His Qawl (swt):
Allah instructs you concerning your children: for the male, what is equal to the share of two females (An-Nisaa’ 11).
The specifying Daleel: The statement of the Messenger (saw):
The killer does not inherit (At-Tirmidhi and An-Nasaa’i).
The Hadeeth has specified the ‘Umoom (generality) of the Aayah to the children who have not killed those they inherit from
3 – Takhsees (specification) of the Kitaab by the Ijmaa’ As-Sahaabah:
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes (An-Noor 4).
The specifying Daleel (evidence):
The Ijmaa’ of the Sahaabah upon the punishment of half of the lashing in respect to the slave. The Ijmaa’ as such specifies the generality of the Aayah to those who accuse chaste women to apply upon the free
4 – Takhsees of the Kitaab by the Qiyaas:
The general evidence: His Qawl (swt):
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes (An-Noor 2).
The specifying Daleel: The Qiyaas (analogy) applied to the male slave Zaani (fornicator) upon the female slave fornicator upon whom the Nass (text) of the Shaari’ (Legislator) has stated that her punishment if she fornicated was half the punishment of a free woman.
Allah (swt) said:
Then, if they commit illegal sexual intercourse, their punishment is half that of free (unmarried) women (An-Nisaa’ 25).
The Qiyaas is therefore taken from the second Aayah, specifying the generality of the Hukm of Zinaa (fornication) in the first Aayah, to the fornication of the free.
5 – At-Takhsees (the specification) of the Sunnah by the Kitaab:
The general evidence (Ad-Daleel Al-‘Aamm): That which was mentioned in the treaty of Al-Hudaibiyah:
Upon the basis that none comes to you from us, and even if he was upon your Deen, except that you would return him to us (Al-Bukhaari).
The specifying Daleel: The Qawl of Allah ‘Azza Wa Jalla in respect to the females who made Hijrah (Muhaajiraat):
And if you have ascertained them to be believers, then do not return them to the disbelievers (Al-Mumtahanah 10).
The Aayah has therefore specified what was mentioned in the Sulh (treaty) of Al-Hudaibiyah to men alone. That is because that which was mentioned within the text of the treaty was ‘Aamm (general) encompassing the man and the woman whilst the Aayah came specifically in regards to the women.
6 – Takhsees of the Sunnah by the Sunnah:
The general evidence (Ad-Daleel Al-‘Aamm): The statement of the Messenger of Allah (saw):
In respect to that which nourished by the sky, rivers, streams and was a water supply the ‘Ushr (tenth) is due and in respect to that which is artificially nourished or irrigated then it is half the ‘Ushr (tenth) (Al-Bukhaari and Muslim).
And the specifying Daleel (evidence): The Qawl of the Messenger (saw):
There is no Sadaqah (due) on that which is less than 5 Awsaq (a measurement for land) (Al-Bukhaari).
The second Daleel therefore specifies the generality of the first to applying to 5 Awsaq or more.
7 – The specification of the Sunnah by the Ijmaa’ As-Sahaabah:
The general evidence: The statement of the Messenger (saw):
For verily the body (corpse) of the Muslim should not be held back amongst his family (Abu Dawood).
The specifying Daleel: The Ijmaa’ As-Sahaabah upon the delaying of the burial of the Messenger of Allah (saw) until they had pledged allegiance to a Khalifah (successor) to him.
Consequently, the Ijmaa’ As-Sahaabah specifies the generality of the Hadeeth of the Messenger of Allah (saw) and indicates the permissibility to delay the burial of the deceased if the Muslims are preoccupied by the work to appoint the Khalifah.
8 – Takhsees of the Sunnah by Al-Qiyaas:
The general evidence: The Qawl of the Messenger of Allah (saw) in respect to the Zakaah:
It is taken from their rich and given to their poor.
The specifying Daleel: The permissibility to give voluntary Sadaqah based upon the analogy made upon the giving of the gift or present.
As such the Qiyaas is specifying to the generality of the Hadeeth in relation to giving the Zakaah to the Muslims and taking it from the Muslims and not the disbelievers.
9 – Takhsees Al-Mantooq by the Mafhoom:
The Daleel Al-‘Aamm: The Qawl (statement) of the Messenger of Allah (saw):
In respect to the sheep, then for every forty sheep there is one sheep (due) up until 120 (Daawood and At-Tirmidhi).
The Mantooq of the Hadeeth (i.e. Dalaalat ul-‘Ibaarah) indicates that there is Zakaah due on sheep from 40 to 120, whether these were free grazing of the pasture or were being fed fodder. The specifying Daleel: Is the Qawl of the Messenger (saw)
In regards to the Sadaqah (i.e. Zakaah) of the Sheep it’s their free grazing (which it applies to) …
(Al-Bukhaari).
The Mafhoom of the Hadeeth, which is a Mafhoom Mukhaalafah (opposite understanding) indicates that the foddered sheep do not have Zakaah due upon them. The Mafhoom of the second Hadeeth therefore specifies the generality of the Mantooq of the first Hadeeth in respect to making Zakaah due upon the free grazing sheep alone (i.e. those which live in the pastures and feed off them).