15.4 Takhsees Of A Verse By An External Statement
As was previously mentioned, the other type of takhsees occurs outside of the general statement which it qualifies. The following are the most common ways in which specification may take place outside of the general verse:84
1. Qur’aan:
A general Qur’aanic statement may become specified by another verse found elsewhere in the Qur’aan. A good example of this type of qualification can be seen in the following case:
“Divorced women (al-mutallaqaat) should wait for three menstrual periods.” 85
This statement includes all categories of divorced women, whether they are pregnant or not and whether the marriage was consummated or not. However, this generality was qualified by the following verses,
“The waiting period for pregnant women is until they deliver,” 86
and,
“O you who believe, if you marry believing women, then divorce them before touching them (consum-mation), you have no right on them for an ‘iddah.” 87
That is, the waiting period for pregnant divorced women may be as long as nine months, while the divorced woman of an unconsummated marriage has no‘iddah at all. Thus the verse is specifically in reference to divorced women who are not pregnant and whose marriages were consummated.
2. Sunnah:
General statements in the Qur’aan may also be qualified by statements (hadeeths) of Prophet Muhammad (r). A significant part of the Prophet’s role was that of explaining the generalities of the Qur’aan. For example, the general verse which has been previously mentioned,
“Allaah has made all trade allowable and forbidden all forms of interest,” 88
refers only to correct forms of trade. Statements from the Sunnah have excluded certain categories of trade and classified them as being corrupt. Ibn ‘Umar reported that Allaah’s Messenger (ﷺ) forbade trade in “the semen of male animals”89 and also forbade the sale of “a pregnant animal’s progeny before its delivery.”90 Ibn ‘Umar explained that in pre-Islaamic times a man would sell the offspring of a she-camel not yet born of an existing she-camel.
There are a few cases wherein hadeeths of the Prophet (ﷺ) have been made specific by verses of the Qur’aan. A good example of this type of takhsees is the hadeeth narrated by the sahaabee Aboo Waaqid al-Laythee, who reported that the Prophet (ﷺ) said,
“Whatever (maa) is cut off of a living animal is considered carrion.” 91
The general meaning of this statement would require that even wool or hair removed from a live animal be forbidden to Muslims. However, Allaah revealed the following verse which qualifies the Prophet’s statement,
“And from their wool, fur, and hair (Allaah made for you) luxuries and useful articles (to serve you) for a time.” 92
85 Soorah al-Baqarah (2):228.
86 Soorah at-Talaaq (65):4.
87 Soorah al-Ahzaab (33):49.
88 Soorah al-Baqarah (2):275.
89 Sahih Al-Bukhari, vol. 3, p. 267, no. 484.
90 Collected by al-Bukhaaree (Sahih Al-Bukhari, vol. 3, p. 199, no. 353) and Muslim (Sahih Muslim, vol. 3, p. 798, no. 3615).
91 Collected by Aboo Daawood (Sunan Abu Dawud, vol. 2, p. 803, no. 2852), Ibn Maajah and adDaarimee and authenticated by al-Albanee in Saheeh Sunan Abee Daawood, vol. 2, p. 552, no.
2485.
92 Soorah an-Nahl (16):80.