The Difference Between The Hukm At-takleefiy And The Hukm Al-wad’iy
After having explained the Hukm At-Takleefiy and its five types which are Al-Waajib, Al-Mandoob, Al-Haraam, Al-Makrooh and Al-Mubaah, and after having explained the Hukm Al-Wad’iy and its five types which are As-Sabab, Ash-Shart, Al-Maani’, As-Sihhah, Al-Butlaan And Al-Fasaad, and Ar-Rukhsah and Al-‘Azeemah, after that, we have noticed that there are differences between the two; the most important of which are:
1 – Al-Hukm At-Takleefiy is related to the action of the ‘Abd directly and so the Khitaab Ash-Shaari’ (address of the legislator) is directed towards the request to do an action or the request to leave an action, or to provide the choice between doing and leaving.
As for the Hukm Al-Wad’iy, then it is related to the Ahkaam of At-Takleef and not the action of the Mukallaf directly. That is because the address of Al-Wad’i does not represent a request to do or a request to leave or a provision of choice between doing and leaving. Rather it is restricted to representing a Sabab for the presence of a Hukm At-Takleefiy, or a Shart from amongst its Shuroot (conditions), or a Maani’ from its request or from its performance or both, or it represents a description for the Hukm At-Takleefiy from the perspective of Sihhah, Butlaan and Fasaad, or an explanation for the occurrence of the Hukm At-Takleefiy in the ordinary case or situation or in an extraordinary situation which the Fuqahaa’ named the ‘Azeemah and Rukhsah respectively.