Explaining (A Fine Comprehensive Treatise on Usoolul’Fiqh) 11

بسم الله الرحمن الرحيم

Our teacher prasied Allaah and sent salaat and salaam on the Rasool- sallallaahu `alayhi wassallam- his family, companions and followers then began:

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In the previous class our teacher explained  An-Nass and Ath-Thaahir. An -Nass is the text that does not withstand except one possible meaning which, when spoken, clearly point out and indicates one meaning –  this is the nass.

And Ath-thaahir is the spoken word/phrase/sentence which covers more than one possible meaning but the first meaning is taken for the benefit as being the most apparent meaning. What is  apparent from this word is to be taken but it has the quality of Umoom (the encompassing quality)  meaning the word itself covers more than one meaning- but it is understood that one meaning is stronger than the other because of the apparent meaning – we give the words their Islamic meaning first (just as long as they have one). If the word does not have an Islamic meaning then it is taken back to the linguistic meaning.

Ustaadh once again translated the line for us:

– wa taaratan tu’khadu min thaahirihimaa.  wa huwa:  maa dalla `alaa dhaalika `alaa wajhil-`umuumil-lafthiyyi awil-ma`nawiyyi means: And at times it  is taken from Ath-thaahir (الظَّاهِر) the apparent meaning of both of them (meaning the Quraan and Sunnah) and it is whatever indicated that meaning from the aspect of the inclusiveness of the word (the word is used to express more than one meaning) or (this inclusiveness is taken from ) the meaning.  If the word includes more tahn one meaning because it has more then one usage (islamic usage, linguistic usage, customated usage etc.)  Basically – Ath-Thaahir is a word which could withstand more than one meaning with one of the meaninfs being apparent. Why is this?  Becuase it is inclusive – in both wording and in meaning.

Continuing with the Translation >>>

TheIslamic  legislative rulings are at times taken from An-Nass and at times from Ath-Thaahir  and at times from Al- Mantooq…

– wa taaratan tu’khadu minal-mantuuq.  wa huwa:  maa dalla `alal-hukmi fee mahalin-nutqi means: And sometimes it is taken from Al-mantooq (المَنْطُوق); and it is whatever pointed out to the ruling in the place of speech – in the wording/text (itself) (i.e. the ruling is taken directly from what is said).

Al Mantooq is the maf`uul of natq – uttering or speaking.

–          An example of Al-mantooq is the saying of the Prophet (sallAllahu alayhi wa salam) said: “Whoever Allah wants good for, he gives him understanding of the religion”; there is a ruling taken from within this text; and a ruling taken in opposition to it taken from outside the text. That which is taken from within the text is called mantooq; and that which is taken from outside the text is called mafhoom. From within the text (mantooq) we take that whoever Allah wanted good for He will make him comprehend the religion; and from outside of the text (mafhoom) we understand that whomever Allah didn’t want good for He won’t make him comprehend the religion. So Mantooq is taken from what is said; and Mafhoom is taken from what is meant (other than what is said).

TEACHERS NOTES… (click the screen shot to view at 100%)

– wa taaratan tu’khadu minal-mafhuumi.   means: “And at times it is taken from Al-mafhoom (المَفْهُوم)- what is understood;  “

 – wa huwa:  maa dalla `alal-hukmi bimafhuumi muwaafaqatin in kaana musaawiyan lilmantuuqi aw awlaa minhu aw bimafhuumil-mukhaalafati,  idhaa khaalafal-mantuuqa fee hukmihi likawnil-mantuuqi wusifa biwasfin aw shurita feehi shartun idhaa takhallafa dhaalikal-wasfu awish-shartu: takhallafal-hukmu.  means: “And it is what pointed out the ruling by “mafhuum muwaafaqah”  – a matching understanding – if it was equivalent to al mantooq or greater/worthier/more deserving than it. ”  (meaning of a worse meaning than it)  or by mafhuum mukhaalafah…”

Here ustaadh explained to us the mafhoom (the ruling taken out of the text)

   The Mafhoom are of two types:

  1. Mafhoom al-Muwafaqah: it is the meaning taken from the text which matches and goes according to the text; and it is of two types.
    1. It is either equivalent to the Mantooq; this is called Lahnul Khitaab. For example: according to the verse in the Quran, it is haraam to say “uff” to the parents; thus if one were to say “ugh”, this would be equivalent to the ruling of the mantooq (i.e. “uff”) in the verse; this is lahnul khitaab.
    2. Or it is greater than the Mantooq; this is called Fahwal Khitaab. For example: according to the verse it is haraam to say “uff” to the parents; thus if one were to say “get out of here!!”, this would be greater (more severe) than the mantooq (i.e. “uff”) in the verse; thus it would share the ruling due to it being greater and more worthy of it; this is fahwal khitaab.

2. Mafhoom al-Mukhaalafah: it is the meaning taken from the text which is in opposition to the meaning of the text; it is opposite the understanding of the mantooq in its ruling.

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