40. The Prohibitive ( Al Manay)
The prohibitive can be a prohibitive (mani’) of the rule (hukm) or a prohibitive of the cause (sabab). As for the prohibitive of the rule, it is an apparent specified quality whose existence necessitates the opposite of what the rule necessitates, like the deliberately offensive killing; it is a mani’ for the son who killed from the inheritance of his father.
As for the mani’ of the sabab, it is a apparent specified quality which’s existence necessitates the opposite of what the sabab necessitates like the existence of the debt, it is a mani’ of the obligatory of the zakaat for whoever has the nisaab and the hawl elapsed on it, because the debt is a mani’ from the remaining of the nisaab which is the complete sabab. So the nisaab (the sabab of he zakaat) necessitates the obligatory of the zakaat by the elapsing of the hawl (year), and the debt which is the mani’ of the sabab is the big debt that when it exists; the nisaab decreases.
The prohibitives are two types: one of them prohibits the request and the performance. The other prohibits the request but does not prohibit the performance. As for the first type which prohibits the request and the performance, it is like the absence of the mind by the sleep or insanity, it prohibits the request of the salaat, the sawm, the selling and other rules and it prohibits their performance. So it prohibits the original requests; because the existence of the mind is a condition to link the address with the actions of the mukallaf; as the mind is the (manaat) depending basis of the responsibility, and like the menses (al-haydh) and confinement (nifaas), they prohibit the salaat, the sawm and the entry to the masjid, and they prohibit their performances, so they are prohibitives of the initial request, because the purity from the haydh and the nifaas is a condition in the salaat, the sawm and the entry to the masjid, so the absence of the mind and the existence of the haydh and nifaas, every one of them is a mani’ of the request and of the performance.