Secondly: An-nass
Its definition:
The Nass is the Lafzh (worded expression) that guides to its originally meant or intended meaning from its context with the Ihtimaal (openness to and possibility for) Ta’weel (interpretation). (Author’s note: The word ‘Nass’ is applied linguistically to every Aayah and Hadeeth with the meaning of ‘Text’ (i.e. Nass Al-Hadeeth or the Nusoos Al-Qur’aan (texts of the Qur’aan)) however in its Istilaahi meaning An-Nass means what the above definition has indicated to).
The Nass is that which has increased clarity over the Zhaahir. The increase in clarity did not come from the form (Seeghah) itself because both the Zhaahir and the Nass are equal or on the same level in respect to the clarity. Rather it comes from the meaning in the ‘Nass’ being intended in origin and initially whilst the meaning of the ‘Zhaahir’ is understood in according to other than what is intended originally (within the context of its usage).
Example: Allah (swt) said:
And Allah has permitted trade and has forbidden interest (Al-Baqarah 275).
Here the Dalaalah (indication) upon the Halaal and Haraam is Zhaahir in the Aayah however the Aayah is ‘Nass’ in respect to differentiating between them because the differentiation between them is the intended original meaning from the revelation of the Aayah which the Aayah was already indicated to:
That is because they say: "Trade is [just] like interest". (But) Allah has permitted trade and has forbidden interest (Al-Baqarah 275).
The guide (Daleel), indicating to what the Shaari’ (Legislator) intended from the Aayah, is the Siyaaq (context) of the Aayah or it comes from the Sabab (reason) of its Nuzool (revelation/descent) like in respect to the following Aayah:
Then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one (An-Nisaa’ 3).
The Hukm of An-Nass:
1 – It must be worked in accordance to because its meaning is what has been originally intended by the Shaari’.
2 – It is open to Ta’weel however this Ihtimaal (openness or possibility) for Ta’weel (interpretation) is less likely than compared to the Zhaahir.
3 – If there is a conflict between the Hukm Azh-Zhaahir and the Hukm An-Nass in a particular Mas’alah (issue) the Hukm of the Nass is taken.
Example:
Allah Ta’Aalaa said:
And lawful (Halaal) for you are all that is beyond (or other than) that (An-Nisaa’ 24).
This Aayah in its Zhaahir (apparent meaning) guides to the Ibaahah (permissibility) of marrying other than those who have been declared to be Haraam for him in the preceding Aayah. It did not specify or put a limit to the number of wives and as such it is permissible, in accordance to the Zhaahir of the Aayah to marry without a limitation to a specific number. However, His Qawl (swt):
Then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one (An-Nisaa’ 3).
From the angle of the ‘Nass’ specifies the number of wives whilst it goes against the Zhaahir of the text:
And lawful (Halaal) for you are all that is beyond (or other than) that (An-Nisaa’ 24).
Consequently, the Nass is taken and the Zhaahir is left i.e. the specification is taken because the Nass is stronger than the Zhaahir.
The similarity and difference between the Zhaahir and the Nass:
1 – Each of them has clear Dalaalaat (textual implications/indications).
2 – Each of them is open to Ta’weel (interpretation).
3 – It is obligatory to work in accordance to the Hukm that is provided by both of them as long as nothing stronger than it is conflicting to it.
4 – Each of them is open to An-Naskh (abrogation) during the time of the message (i.e. before the passing of the Messenger (saw) and end of the Wahi).
5 – As for the difference between the two: The meaning provided by the Nass has been intended by the Shaari’ in origin from the context or framing (Siyaaq) of the speech. The meaning taken from the Zhaahir is not what the Shaari’ intended in origin but rather the Shaari’ intended it in accordance to or in following to the original meaning.
Many of the scholars of Usool from the Maalikiyah, the Shaafi’iyah and the Hanafiyah have considered there to be no difference between the Zhaahir and the Nass whilst others distinguished between them in the manner that we have explained above.