40. Al-Manay (Haramtawa)
40. The Prohibitive ( Al Manay)
Haramcin (mani') na hukunci zai iya zama haramcin hukunci (mani' na hukm) ko haramcin sanadi (mani' na sabab). Dangane da haramcin hukunci, shi wani sifa ce bayyananniya kebantacciya wadda kasancewarta ke wajabta akasin abin da hukuncin ke wajabtawa, kamar kisan kai na ganganci; yana zama mani' ga da wanda ya kashe daga gadon mahaifinsa.
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.
Amma mani'in sabab, shi ne wani sifa bayyananniya kayyadaddiya wacce kasancewarta ke haifar da akasin abin da sabab ke haifarwa, kamar kasancewar bashi. Shi mani'i ne ga wajabcin zakka ga wanda yake da nisabi kuma shekara ta cika a kansa, domin bashi mani'i ne daga ragowar nisabi wanda shi ne cikakken sabab. Don haka nisabi (sabab na zakka) yana haifar da wajabcin zakka ta hanyar cikar shekara (hawl), kuma bashin da yake mani'in sabab shi ne babban bashi wanda idan ya kasance, nisabi yana raguwa.
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.
Al-mawani’ (prohibitives) are of two types: one of them prohibits both the demand and the performance; the other prohibits the demand but does not prohibit the performance. As for the first type, which prohibits both the demand and the performance, it is like the absence of reason due to sleep or insanity. It prohibits the demand of the salah, the sawm, the sale and the other rules, and it prohibits their performance. Thus it prohibits the original demands, because the existence of reason is a condition for linking the address (khitab) with the actions of the mukallaf. Reason is the basis on which responsibility depends. Likewise the menses (al-haydh) and postnatal bleeding (nifas): they prohibit the salah, the sawm and entry into the masjid, and they prohibit their performance. So they are prohibitives of the original demand, because purity from haydh and nifas is a condition for the salah, the sawm and entry into the masjid. Therefore the absence of reason, and the presence of haydh and nifas, each of them is a mani’ (prohibitive) of both the demand and the performance.
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.
Abin da ke hana bukata amma ba ya hana aiwatarwa ba, misali shi ne rashin kasancewar namiji a cikin sallar Jumu'ah, da kuma rashin balaga dangane da azumi. Rashin kasancewa namiji shi ne abin da ke hana bukatar sallar Jumu'ah, kuma rashin balaga shi ne abin da ke hana bukatar azumi, domin sallar Jumu'ah ba ta wajaba a kan mata ba, kuma sallah da azumi ba su wajaba a kan yaro ba. Amma idan mace ta yi sallar Jumu'ah, ko yaro ya yi sallah da azumi, to ibadunsu sun inganta, domin wannan hani hani ne ga bukata ba hani ne ga aiwatarwa ba. Haka ma tafiya: hani ne ga bukatar azumi da bukatar cika sallah, amma idan matafiyi ya yi azumi, ya cika sallah kuma bai takaita ta ba, to ibadarsa ta inganta, domin wannan hani hani ne ga bukata ba hani ne ga aiwatarwa ba. Haka dukkan dalilan sauki suke: hani ne ga bukata ba ga aiwatarwa ba.
As for what prohibits the request and does not prohibit the performance, this is like the femininity with regard to the Jumu’ah prayer, and the maturity with regard to the fasting. The femininity is a prohibitive of the request of the Jumu’ah prayer, and the immaturity is a prohibitive of the request of fasting, because the Jumu’ah prayer is not obligatory upon women, and the prayer and the fasting are not obligatory upon the boy, but if the women performed the Jumu’ah prayer, and the boy performed the prayer and the fasting, they are valid, because this prohibitive is a mani’ of the request not a mani’ form the performance. And like this is the traveling, it is a mani’ of the fasting request and of the request of completing the salaat, but if the traveler fasts, and completes and does not shorten the salaat it is valid, because this prohibitive is a request mani’ not a performance mani’, and thus are all the causes of the concessions, they are prohibitives of the request not of the performance.