15.3 Expressions Of Takhsees
Takhsees (specification of the general) is accomplished by specifying words or phrases found either within the general statements themselves or outside of them. The five types which occur within general statements are as follows:77
1. Istithnaa (exception):
In this case the general law is followed by a preposition of exception and a clause or phrase which qualifies it. A good example can be seen in the following verse:
“Verily, for those who (allatheena) wage war against Allaah and His Messenger and spread corruption in the land, the penalty is execution, crucifixion, severing opposite hands and legs, or banishment from the land. That is their disgrace in this life, and in the next life they will receive a severe punishment, except those who repent before they are caught.” 78
2. Sifah (modification):
This type refers mainly to relative clauses introduced by the relative pronouns allathee, allatee (who, which), and their derivatives. An example of this type of specification can be found in the following verse concerning the forbidden categories of marriage:
“And your stepdaughters (rabaa’ibukum) under your care, born of your wives whom (allaatee) you have entered.” 79
That is, a man’s stepdaughter by a wife with whom he had sexual intercourse is forbidden to him if he divorces his wife or if she dies. However, if he divorced her before consummating the marriage or if she died before he did so, he would be able to marry her daughter (his stepdaughter). Thus, the relative clause, “whom you have entered” specifies the general phrase, “step-daughters of your wives.”
3. Shart (condition):
Conditional clauses function as specifiers since they state the dependence of one circumstance or set of circumstances on another. Such clauses are usually introduced by a subordinator such as “ in” (if). For example, the verse,
“It is prescribed upon you that you bequeath a good portion (of your wealth) for your parents and close relations when death approaches any of you (ahadakum), if (in) you have left some wealth; an obligation on those who fear God.” 80
Thus the general obligation of writing a will when death approaches is turned into an obligation only for those who possess wealth.
4. Ghaayah (clauses of time):
Adverbial clauses of time are usually introduced by the subordinator “hattaa” (until) and accompanied by a negative. Good examples of this type of specification are Allaah’s statements concerning the rites of hajj,
“Do not shave your heads until (hattaa) your sacrificial animal has reached its appointed place (of sacrifice),” 81
and His statement concerning menstruating women,
“Do not come near them (for sexual intercourse) until ( hattaa) they have reached a state of purity.” 82
5. Badal al-ba‘d minal-kull (substitution of a part for the whole):
This is an Arabic construction in which a form of relative clause introduced by the subordinator “whoever” (man) des-cribes an aspect of a noun which it can take the place of. An example of this type of construction can be seen in a literal translation of the verse,
“Allaah has a right on all people (an-naas) to make hajj to the House; whoever (man) is able to find a way there.” 83
In Arabic, the subordinator “whoever” represents a part of the phrase “all people” and is substituted in its place. Hence the verse could be translated, “Allaah has a right on whoever is able to find a way that they make hajj to the House (Ka‘bah).”
77 Al-Itqaan, vol. 3, pp. 46-7.
78 Soorah al-Maa’idah (5):33-4.
79 Soorah an-Nisaa’ (4):23.
80 Soorah al-Baqarah (2):180.
81 Soorah al-Baqarah (2):196.
82 Soorah al-Baqarah (2):222.
83 Soorah Aal ‘Imraan (3):97.