Practical Examples Of The Application Of Istihsaan
Whilst discussing Istihsaan we mentioned some practical examples of the application of Istihsaan and the different types of Istihsaan and now we will present some other examples:
Example:
The saliva (spittle) of the beak of the predatory bird and this issue relates to what is left behind in the water after predatory birds drink from it like a hawk, vulture, crow or eagle. The spittle of these birds is pure (Taahir) based on Istihsaan and Najas (impure) based on Qiyaas.
The angle of analogy (Al-Qiyaas):
The saliva of animals whose flesh is prohibited is Najas like that of a panther (or cheater), tiger, lion (or beast of prey) and wolf. The saliva or spittle of the predatory birds, which are prohibited to eat the flesh of, has by analogy (Qiyaas) been judged to be Najas (impure).
The angle of Istihsaan:
In respect to the predatory birds, even if the flesh is prohibited, their saliva generated from their flesh does not mix with their spit because they drink with their beaks and this is a pure bone. As for the spittle of the predatory beasts then they drink with their tongues which is mixed with their saliva and for that reason their spit is Najas.
Another example:
The sale of that which does not exist (Al-Ma’doom) is Baatil (invalid) due to the Qawl of the Messenger (saw):
Do not sell that which you do not have (possess) (At-Tirmidhi)
However, ‘As-Salam’ (forward/advanced buying) has been exempted by way of Istihsaan due to the statement of the Messenger (saw):
Gold with gold, and silver with silver, and wheat with wheat, and barley with barley, and salt with salt, like for like, hand to hand. So if these types are different then sell them how you wish if it was hand to hand (Related by the five).
The original position is therefore the impermissibility to exchange the Dirham for a Dirham if there is a difference in their weight. However, by way of Istihsaan it is permissible to exchange the
Dirham for another Dirham that is equal in value and even if there was a slight disparity in respect to the weight and this is to lift or remove the difficulty (Al-Haraj).
Another example:
The Messenger of Allah (saw) forbade the sale with the condition (Shart). However, by Istihsaan the majority of the Hanafiyah permitted it due to the Maslahah (interest) for the seller to stipulate upon the buyer to assure the debt by putting down a specific security (Rahn)