Introduction to the concept of “Command”

Command, in usul al fiqh terminology refers to means of communication It involves the use of explicit or implied speech to demand an action from the listener who is of a lower status than the one giving the command. However, it is important to note that the nature of a command differs based on the relationship between the parties involved. When a command is directed towards an equal, it assumes the form of a request known as “Iltimas.” This implies a level of respect and consideration for the other person’s autonomy and status. It acknowledges a more balanced power dynamic between individuals on the same level and that is what we will learn using Imam Hattab al Malikis commentary on the Sharh Al Waraqat.

Allah and his messenger give out Commands

Allah and the prophet command things and we need to be educated upon the particulars of the commands. Is it one time only situational command or a repetitive command such as Ramadan, an absolute command like prayer which is a definitive obligation whereas wearing the shoes/khuf is not a degenerative command its up to our own discretion or these commands obliged to be carried out right away or are they able to be delayed? This chapter of Qurrat al Ayn will seek to answer all our questions and clarify the concept of Command and Prohibition!

Imam Juwaynis definition of “Command”

Imam Juwaynis definition of “amar” is “A call to action or speech from someone to someone who is below him in a way which conveys obligation” Imam hattab adds “In a way that excludes the possibility of not doing it (abstaining from it)” which means it is not a suggestion or a recommendation (but a Command). Although Allah does not prevent your freewill if you abstain from absolute commands, you will have consequences (in this life or the next life). If the prophet (peace be upon him) were Alive today we would be under his command but after his returning to Allah (death) in our modern times we are under his sunnah (Written or enacted example). All of this is calling for actions or words, you cannot have a silent command (in the usual sense) The meaning of this means Without clear utterance which means speech aloud.

Imam Hattab commentates on Imam Juwanis definition of “Command”

Imam Hatab says Imam Juwanis definition calling by speech excludes the nonverbal command (hand signals or what else). If you command without speech, it is less clear as with speech verbalized aloud which is why Imam Juwayni excludes the silent command over the clear verbal command. Imam hattab comments on this saying “commanding one who is below him(meaning in rank)”, “we get from this asking something from someone who is equal to you is not a command but rather an “asking/petition or suggestion” whereas asking someone who is above you is a “supplication/request”. What he intends by this is that what you are asking is a non-obligatory fashion as you are not in authority over them them to command them but rather you are suggesting to them an action or ask.

Imam Hattab says the jurist agree with his definition

Imam hattab says the usulis have an Ijma on asking someone equal or below you isn’t a command, Imam hatatab says “the Mukhtar, the preferred opinion (of Imam Hattab who disagrees with Imam juwayni), Rank is not a matter of consideration in regards to commands.” Imam hattabs view is rank is not relevant a inferior person can command his superior and perhaps it will not be obeyed, Imam Hattab is saying by its grammatical sense of the word whereas Imam juwayni does not take the literal word sense of it. Each command has the possibility to be obeyed or denied and he without authority cannot expect obedience although possible (that someone of equal or greater rank would obey), when people of (superior) authority command there is no guarantee the people (of inferior rank) will follow as Allah commands and the multitudes of humanity who do not obey him although he is the highest in rank. command comes with the possibility of being disobeyed.

What is the difference of rank and elevatedness?

Rank is referring to the person who is issuing the command (the commander) who has a higher rank than the one being commanded (instructed). As for the elevated, to elevate ones self-due to arrogance or something like that he is making a distinction that the person can use speech to give authority of a command in example “By the authority of the written constitution issued by the king, you must do this” in this sense you do not have the authority but you have in the name of the authority issues a command therefor propelling the commanded to obey the request (it is not a suggestion on that case due to superior rank)

Imam Juwaynis view on this

Imam juwaynis says commanding someone to do something in the way that commands obligation to the one who is being issued the command. Imam hattab is commenting on “in a way that communicates obligation”, “it excludes the possibility of recommendation”. This means recommendations are not absolute commands they can be taken or left by nature that they are not binding upon the one commanded.

Examples found within the Arabic language of this concept

The sigha is the Arabic grammatical term which means the form of a words conjugation, the sigha of the command (form) is an indication towards it being a command and the form of it is (do-afal). In any language there is a way to distinguish a command from a recommendation/suggestion, in arabic ifal(Do) is different from fa’la( ). The way you make a word command is Arabic is add sukun you would take the 2^nd letter from form and you put that in the beginning of the word then you make first letter also have sukhun, ketaba (writing) to uktub (he wrote). In English you would take away what is additional of the verb to its definitive form, form you eat to just Eat. Ceasing is a phrasal command.

Imam Hattab briefly adds more examples

Imam hattabs goes deeper into the Arabic by giving more examples of how words can be made into commands, Allah say sin the Quran al hajj “let them complete their prescribe duties perform their vows and circumambulate the sacred house”. Here are examples where Allah speaks in the imperative sense not 2^nd person but a person in such a situation, In surah hajj In this verse of Quran Allah is not using the verbal but he is using the lam al amr the AL of Command not verbal, the Lam is emphasizing a point. It (the form of the command) commands can come in that specific verbal form without its context which would modify its meaning “establish the prayer” this is something Allah commands that is in that form that is from surah an am verse 72, What he is saying when you see something in Quran in this direct verbal form of Command and nothing to suggest other wise except if the implied meaning that it is a recommendation not command in example “Free them if you see within them good” Surah noor verse 33. This refers to releasing people of bondage, in this case you do not have to free them if they are slaves its not obligation but its recommended and would give you ajr. If it were an obligation to free them in all situations but we do not it’s a topic of Muamalat in the books of jurisprudence. There are some obligatory Muamalat but freeing people of bondage is not one of them although it is recommended. The prophet and the companions owned slaves and they did not free them instantly as the verse was revealed thus proving the commands are taken or left.

A Written command but its context indicates that it is not binding

If its written in the form of the command but its context indicates Mubah for example Surah maida verse 2 “Once you have finished the rights (hajj) then hunt”. Are you obligated to hunt after hajj? No although you are able if you choose too. Allah says after you have finished the rights of hajj then you (are free to hunt) this is ibaha but what Allah rather means is hunting is usually permissible (hunting is prohibited during hajj you cant hunt or kill animal while hajj) the point is you are finished with the rituals you are given the free choice of being a hunter again where as before you were definitively commanded to not hunt, this shows obligation and Ibaha (take it or leave it without divine punishment). Interesting point in Saudi Arabia there are monkeys present there is a hadith about monkeys stoning a adulterous monkey to death) which proves the continued existence of monkeys in the Arabian peninsula) as well as the Dhab (Uromastyx Lizard).

There can be connected or disconnected context in Commands

The context can be independent of the way the sentence is formed, the form can be command but the context can be given a choice or even connected. A connected context which matches surah barqara 187 “You may be intimate with them” “the nights of fasting are permissible to be intimate with your spouses”. A example of disconnected context (from the form/phrasing) Baqara 293 “have witness when you sell (trade)” the context is that the prophet sold something and didn’t have witnesses to witness and we know now this is a recommendation. In this example the phrasing of the aya is commanding but its not actually a command as we have reports the prophet did not follow this (selling always with witnesses) this proves it’s a recommendation not an obligation.

The approach of the skeptic and the approach of the Muslim when the prophet does not adhere to what is written in Quran

If you are approaching Islam skeptically you will think the prophet does not follow his own revelation but the Muslims would approach this with faith (a presumption) that Allah exist (also that Islam is true) so when there is a “contradiction” Muslims will resolve it through the Islamic sciences (Such as Usul al fiqh). People would ask the prophet are things obligated or recommended as they would hear a verse and see what the people would do, the view of the Muslims is the prophet is infallible in his transmission and practice of the religion.

The ability to derive rulings and judgements favors Islam

This is in favor of Islam (being true) rather than harmful (indicating its falsehood) as who else in the history of the world other than the Prophet Mohammad (peace be upon him) can you study their life from their mundane routine behavior to the monumental happenings of their life and derive such a magnitude of wisdom simply by just examining carefully what he did and refrained from. The only people to the prophet Mohammad in this regard comparable would-be other prophets but even unto them their life and sunnah was not preserved at the level of the Islamic prophet therefor limiting the amount of wisdom and guidance that could be derived from them. (Note: Islam Teaches the Prophet Mohammad is the last and final prophet of a succective processions of prophets therfore the sunnah of the previous prophets in a sense had not been obligated by Allah to be preserved so as long as the actions and Sunnah of the final messenger would be preserved as only his prophet hood is binding for all of mankind)

A command can be singular or repeating

A command might not mention that it is to be repeated or in all cases (preformed), when you see a command in the Quran of from the prophet even if is not absolute it is at least obligatory in one case otherwise it would have not be said and phrased in that way. We are commanded to preform the 5 prayers and fast during the month of Ramadan, the fasting is obligatory for one month per year (which repeats) and praying is each day 5 times a day at specific times (which repeats). If someone says “I want one cup of tea” the command is for one single cup of tea, if they had said “I want tea” it is not a singular command as it does not specify nor restrict the amount you can continue to bring them tea. When there is a command it will be obligatory at least once “I want tea” is at least one cup although it can be more but “A cup of tea” more denotes to a singular non repeated amount. In Islam each command is relevant at least once or perhaps more than once. Next lessons will get into prohibitions now that we did commands.

Are Commands to be carried out instantly or can they be delayed?

The repetition of a command is dependent upon specific indication it’s intended to be repeated as in prayer is repeated 5 times repeatedly once does not cover a life time. The other thing similar to repetition is the performance of an action need not always be performed immediacy upon hearing it unless there is specific evidence the thing commanded should be don’t prompt (or later) if not given a time restriction. The default is that things should be done with immediacy but Imam Hattab says that you should not speculate upon the time it should be completed (If not specified).

Commands refer to first time you could preform and action or the time in which it can be delayed

Zaman al awlan is the first time you COULD do something but for example in the case of praying Salah thuhr can be preformed between its ikhriyari or duroori times, if thuhr takes 10 mins to prefer would be from 12-12:10 the zaman al thani would be 12:10-12:20, If people say commands are default always done when commanded then you would pray thuhr upon the spot without even having delays which is not correct so the view of Imam Hattab is more correct than those who say the default assumption is to do command with unspecified time frames promptly.

Rebuttable to those who says Commands are to be carried out instantly

Those who says command is to be assumed to be done prompt and immediate actions such people tend toward the Dhahari way of texual analysis but the copy of Imam Hattabs Qurrat al Ayn does not give us who they are so we are only speculating those who hold that opinion tend toward a Dhahri view of strictness but we as Malikis do not take a Hanbali nor Dhahiri usl in how we analysis and adhere to text and we ought to believe that our usul is stronger than that of other schools of thought.

What is needed to carry out a obligatory command becomes obligatory by extension

The accomplishment of an action is contingent of the performance of other things then they become obligatory to complete the task. Wudu is fard upon Muslims because it is contingent upon the prayer while being in state of wudu always not wajib, to command Salat is to command Wudu to do wudu is contingent upon seeking knowledge (fard al ayn) in the religion or else you cannot do wudu. To do hajj traveling becomes obligatory and becoming wealthy enough to travel becomes wajib. During the Jihad it becomes obligatory then becoming fit and knowledgeable on weapons and health becomes obligatory or else the aims and objectives of the Jihad would not be possible to carry out therefore obligating fitness and inept knowledge of modern military equipment/tactics and whatever else that would be needed such as knowledge of math in order to calculate the trajectory of bullets and knowledge of the Coriolis effect (earths rotation relative to the bullet). Whatever knowledge is needed to complete a obligatory task becomes obligatory!

High birth rates during Jihad are a communal obligation not always fard upon every women

upon the women it becomes a communal obligation upon the women to produce more children because without it the aims of jihad cannot be accomplished as soldiers will clearly die as rates that if the ranks of Mujahideen are not replenish would render the Jihad movement unable to to be carried out due to lack of man power. Most of the Modern Jihad movements are carried out by smaller sub sects of Muslims against very large modern powerfully equipped advisories. There is collective obligation upon Muslims to produce many Mujahideen for the protection of the Ummah to replenish the ranks of the soldiers who achieve martyrdom due to their striking the enemy forces who transgress against the Muslim nation.

Preforming the action lifts the obligation of it

If someone preforms something they are commanded to do then the obligation is lifted from them then its up to Allah to accept or not accept their action from his infinite wisdom. Imam Hattabs mentions a differing wording in other manuscripts as other manuscripts have slightly different word choice that hold the same meanings

That which is encompassed by command and prohibition and that which is not

Imam Hattabs is clarifying who legal responsibility pertains too (Taqleef) and who it does not. Imam Hattab says people who are not addressed by command and prohibition are those who do not have intellect. Does this mean dumb people? No this refers to those severe mental disabilities, small children, the very aged etc (Most of fiqh revolves around this). Command do not account for legally unaccountable people as they cannot carryout nor understand the command by nature of their impaired intellectual state.

Who are the accountable?

The belivers who are accountable (muqalifoon) they have aql (sanity intellect) complete mental factuies, mature (sexually mature) and they are not unaware and women who are accountable are addressed along with the men by the accompaniment meaning when men are addressed the women are applied to go along with all commandments given to men unless distinctions are drawn but the general rule is women do what the men do. Men among the sahaba would sit with the prophet and would bring the hadith back to their wives’ mothers and so on, Allah and the prophet mainly refers to men by default but it trickles down to the women who are among the men.

Imam Hattabs commentates on those not held accountable by the Commands

Imam hattab says “As for unaware people children and insane people, they are not addressed (by legal obligation) because they do not have faculties because one of the conditions of being addressed is the ability to understand and they do not understand what they are being addressed with.” What Imam hattab means about the unaware is the forgetful or the unaware person, if a hadith or command did not reach the sahabah in that time he would have been aware or in a more modern case if you forget to pray or forget a wajib command without the intention to delay it beyond its appointed time frame(zakat,fasting etc).

The address toward the kuffar from the branches of the Shariah

Imam Juwayn says “Disbelievers are addressed by the branches of the Shariah (as opposed to the usl), and they are also addressed by the call to be Muslims” Imam Hattab finally agrees with Imam juwayni on a point of usul al fiqh! Some take the view the obligation is to be Muslims but the details of Islam come after embracing islam but Imam juwayni says they are responsible for all of Islam and its details such as fasting zakat. The kuffaar are always in a state of sin in the eyes of Allah but the supreme unforgivable sin is Shirk and disbelieving in the messenger which is far worst then a lifetime of not fasting or praying theoretically every second of life the kuffaar earns the anger of Allah and creates a long tab of sins until you die and are sent to hell and alternatively the Muslim with a long tab of good deeds who becomes a kafir recounts his good deeds and is sent back to a state similar to the original kafir.

Wisdom of punishing the disbelievers

The kafirs deny the supreme and sole true being who sustains every moment and microsecond who is responsible for any good they do in this world and they deny their Lord they are justified to be sent to the hellfire doing a few good deeds or charity which was done in your own name does not overturn your sin of Ego and disbelief.Allah says “Surah mudafir 42-43 this verse is a proof “Allah says what has led you to saqr they will say we are not those who establish prayer” The kuffaar are punished for not praying because they didn’t punish although they didn’t believe they were obligated to.

The disbelievers are punished up to 3 times

Allah punishes the kuffaar twice or even trice. One punishment is given due to being a kafir who denied the existence of Allah, another punishment due to not following the branches of Islam such as prayer

Imam Hattab refutes those who says the Kuffaar are not addressed by Islam

“there are those who say the kuffaar are not addressed by the branches of shariah” Imam hattab says “I respond to this by saying, the point or benefit of being addressed is for them to be punished” This means the point of the being punished is due to them being addressed is the part of establish the culpability once you are addressed by something they are encampment to act upon that message. They should embrace Islam promptly but the true limit of time is until death which is when the soul teaches the throat. You can become Muslim on your death bed but not when the end of biological function starts, theoretically you can be a Muslim 1 day before death and enter Jannah without following the branches of Islam but as we know from Muktasar Khalil he can’t delay his prayers if he suspects death but if he doesnt suspect death they are delayed within the mukhtar time.

Ibn Arabi on the pharaoh dying as a Muslim

Ibn arabi says that the Firaon had faith in Allah at the last moment and will possibly in Jannah but this is a very interesting and strange belief he wrote about the faith of fartio and his mystical station of his, he wrote about the imperfect saint who has found redemption of a  irredeemable tyrant which is to emphasis the mercy of Allah. This is not a belief held by most Muslims I take the view he is kafir until his death and will be in hell due to not embracing Islam until the last moment of death setting In and Allah knows best.

Imam Hattab says the address of the shariah

Imam Hattab is also saying regarding this point the kuffaar are not punished for not following the faroo’ this enormous threat is a way to propel him to become Muslims

A command is a prohibition of its opposite

A command to do something is a implicit prohibition of its opposite which refers to things which are wajib and haram. This essentially means to not do something command is haram Imam Hattab adds this applies even if there is one opposite or multiple opposites that are present. The opposite of staying still is motion you are either in motion or staying still, the opposite of Standing could be sitting down or laying down. In this example its not exactly opposite but it is is contradictory to the concept of standing but it can cover the concept that it prohibits you from that which would prevent you from standing up. If you hear someone telling you to stand up it implies that sitting down to be avoided (possibly haram if done).

To do something and to not do what contradictions it

• The first is an order
• The 2^nd is a prohibition

One commandment covers these two points by the nature of what a command entails.

It is also said (when reading a book of fiqh or aqeedah, when they present a first view that is what they think is the stronger view then they will say waqeel it was said it was said meaning the differing views that are held but are not its strongest view, they tend to be ranked but that is not always the case Imam hattab says Waqeel “it is also said a commanded to do something does not specify a prohibition” He means that to command is to do something like standing up it does not exclude the posiblity to sit down, the commandment of hajj is not to be carried out while sitting, the commandment of fasting excludes the possibility of eating. He means the prohibition is an unspoken logical necessity of not doing the profited act, this is a popular view that the prohibition is not taken as if a command.

Imam Hattab says

Waqeel “it is also said that the prohibition is not in the essence of the command nor is it necessitated by it” the author of jami’ jawamiyyah (the collection of collections is a book of shafi’ usul al fiqh written imam Ibn asubki which quotes Imam juwanis position in Al Burhan written by Imam Juwani but in Juwayni view in the Waraqat is differing as scholars change their views at times) Imam Hattab acknowledges that Imam juwaynis has possibly held this view at a point in his life. A command naturally commands polyamory requirements, to do Jihad you need to be able to see and hear and understand.

Examples of people striving in the cause of Allah despite disabilities

I have seen people disabled fighting Jihad whether midgets or youth who are not muqalif preforming Jihad despite disabilities including the sahabi Julaybib who was a Mujahid in the way of Allah despite his short stature and lack of looks. Which is an amazing point that the command does not always prohibit what contradicts it although in most cases it does.

Command and prohibition are unlike

“as for understanding in command and prohibition there is not dispute they are different likewise there Is no dispute a uttered command is not the same as a pronounce prohibition but rather it does not imply it” He is saying command and prohibition are different and a pronounced command that is clear is not equated with a explicit prohibition which concedes and gives credit to the above mentioned view although it is not his personal view that it does carry the two meanings of order and prohibition by its nature.

Imam Hattab appeals to his initial view once mroe

“It was also said it does imply it which means hes referring to the first view again, if someone says be motionless its as if he says be motionless as you cannot be motionless unless you prohibited movement.” In this case there are only 2 possible choices. The only way to make a 3^rd possibility is quantum movement when you would be in multiple states of motion at once until the viewer opens the hypothetical box or his eyes lays upon it. Another point to think  absolute is the potention of movement and the ability of forced to acted upon a object in his nature by

Prohibition of something is the command of its opposite

“as for prohibition it has been said it’s a commandment to do its opposite, if it is singular (a single opposite then its clearly true) it there are multiple possible outcomes of the prohibition then the prohibition is upon one of those possibles without specifications” If you are prohibited non halal slaughtered meat the opposite is non halal meat, there isn’t a pure opposite where as the opposite of meat itself is fruit or vegetables. An inanimate object such as a rock can fill the void of what is the opposite constrictions to what Halal meat is but we have to pick one definition so that it is logically possible.

Does prohibition imply specification commands in all cases?

“It is also said prohibition is not a commandment of it opposite in absolute sense,” some say the prohibition is not a commandment to not do the commandment, Imam hattab gives the most correct view. Prohibition does not specify any specific command to be preformed it does not specifically imply it while the other view is the prohibition does imply the command to not move commands one to be still (without being still you cannot fulfill being still, so inaction is an action). To “Be” kana is a verb in English as well as Arabic, Imam Hattab says in the beginning when its one choice it is the case but in other cases there are more opposite possible outcomes.

The prohibition of kufr entails a command to be Muslim

Allah commands us to be Muslim he does not command a halfway state there is only 2 possibilities Muslim or kafir but within Islam there are not only one opposite to being upon emaan you can be Muslim, mumin, fasiq, Mubtadi’.

Imam juwaynis gives another strange view upon prohibition

“Prohibition is to call upon someone to abstain from something through words that are spoken to someone who is below them (in status/relationship) in such a way that it obligates them to perform it.” Imam Hattab adds “The prohibition is equivalent of a command”

Authority or lack of Authority influences the likelihood of being obeyed

If a man tells you to do something for him and he has authority over the area, he did not specially tell you must do it or consequences nor does he have authority over you in a legal sense but upon his authority propels you although it can be taken or left a person with authority is more likely to be followed and listened too where as someone bellow you has smaller chance to be followed

Imam Hattab says prohibitions are not suggestions

Imam Hattab says “In a way such as to obligate the ordered person to abstain from an action mean the action would not be permissible for him” It means its not permissible not like the suggestion in the case of a Makruh act its able to be done but it’s suggested to not preform it but its not prohibited that is what Imam Hattab is getting at.

Imam Hattab expounds upon this point

“Neither a sense of self importance or speaking from authority however an unrestrained (not limited to a certain time or certain amount of time) is in constant repetition” we know a commandment unless a specified time to do it its Ibaha you take and leave how often you want to do it in prayer we know its time and its to be repeated but hajj is to be preformed and it must be done in a certain time where as prohibitions are in constant effect unless there is exceptions (circumstances that make it allowed). If I command you to bring me food, I did not specify the quantities it can be once serving or many where as if I say do not bring me food it means to not bring it to me at all it’s a constant command.

specific expressions

Usual fiqh in large part are figuring out what is law from the direct sources so we are trying to get to the fullest and most accurate meanings of Allah and his prophets words found In the Quran and the Hadith

Linguistic generality and specific

Qala masanaf “specific statements are contrasted with general statements a specific statement is that does not deal with 2 or more things” (or multiple things which are one thing)  this refers to the philosophical term acuity meaning the essence of something Imam juwaynis gives the example of men, it can be more than one man but the essence is still man.

You get specificity out of generality Imam hattab says Surah tawbah verse 5 “So kill the Mushrikeen” Is this universally commanded? No or you would kill them in all context which is not true we only kill them in certain context.

Imam Juwaynis gives 2 meanings Meaning of specifier specification is divided into different types

1. Connected mastasim connected
2. The separated

Imam Hattab Hattab expounds on the categories

The first type of connected is

1. Exception, everyone went except zayd, zayd is the focus and he is singled out
2. Restrictive clause (action), such as honor bani tamim if they come to you. The restrictive clause is restricting those you you honor based on those who come to you you do not honor all of bani tamim but only who come to you as good treatment is conditional as well not all of them will come to you at once. The Tamim tribe traces back to the prophet
3. Restriction attribute, Honor the scholars of bani Tamin. We have restricted which from among Banti tamim based on their attribute is their scholarship or arrest those wearing the Turbans which denotes to their attributes.

Exception

Exception in the general sense is removing that which is specific, a connected exception statement is when you have the group mention and the single and multiple things mentioned. If you mentioned Ali you have everyone and Ali mentioned if you said only Ali stood up but he is an exception but we don’t know who’s he an exception from! Imam Hattab gives an example “everyone one stood up except the donkey” The donkey and the people are not in the same category which is different than everyone which denotes to all forms of humans, technically everyone but the donkey still is a general exception its just they are

Disconnected exceptions

The disconnected exceptions must not have ambiguity from the excepting group and the exception “such as everyone stood up but the snake”. If you want a legible and comprehensible then you must not know is the group and who is excepting from it.

An exception It is correct if it remained from that which it is excluded even if it is the only one, what he means is you can’t say any logical impossible with the exception. You can say something which is redundant but not impossible. If you say I owe him 10 except for 9 this means I owe him 1 thing but it is redundant way of saying it if you say I owe 10 except for 10 this is an impossibility.

The conditions of an exclusionary statement

The conditions of an exclusionary statement is basically an exception (when made in a statement) it has to be intelligible and understandable. Imam Hattab gives the example of “The people came” then I spent an hour without taking to you then I said “except for zayd” that pause between the two statements was too great to be legible. Ibn abbas said you can have a broken-up sentence of exception by a month other pay say a year other people say forever. You can reverse the order of a exceptional statement “except for zayd no one stood up” and this would be valid as the meaning and understanding is the same.

finishing specific statements

Qala masunaf “it is permissible for the book to be specified by the book” a verse in Quran can be general and specified by another verse the example he gives is “the divorced women have to observe 3 periods of time”, that is the Iddah period in the which they cannot get marry which is any women and the general case but in the 2^nd verse “those who are pregnant their time is until they give birth” this is a great example the general case is the women has to wait 3 periods of time before they can marry again to protect the lengiage as you need to know who impregnated her, if she is clearly pregnant then she must wait until she gives birth of that baby so verse 1 deals with all women and verse 2 specifics the pregnant women. A

Another example is “Do not marry polytheist women until they believe” (surah tauba 31 as well) this is meaning all kitabiat women of the book jews and Christians, ahlul kitab are polytheist, Allah says “the jews says ezra is the son of Allah” Most jews today do not claim any one is the son of Allah but there was a sect of jews that their prophet Ezra was the son of Allah and the Christians says their messiah is the son of Allah and Allah concludes “there is not God but he and he is exguasted above their polytheism” This refers specifically to the people of the book who in their own rights are polytheist or at least subsects of them are upon polytheist. Surah Maida verse 5 is the last example we can conclude and add “The Muhsinat (chaste women) from those who were given the book before you” Allah mentions you are able to marry the free women who were given the book before them.

Allah prohibits marrying the polytheist but Allah specifies which kuffaar you can marry the chaste non enslaved jews and Christians. In our times the jews and Christians are not chaste as well as those who do not practice a religion promiscuity is incredibly prevalent whereas with the Muslims there is still hayat.

The best commentary on the Quran is the Quran itself and the Sunnah as the prophet was the infallible legislator ordained by Allah. The specification of Quran by the Sunnah we have a verse inb Quran where Allah says “Allah gives you inheritance in your children (they ingirted from you)” that is the general rule but we have the hadith in the 2 sahih books where the prophet says a Muslim does not inherit from a Muslim nor does a kafir inherit from a Muslim that is an exception from the general rule. If you wish to inherit from your kafir family members you must receive it before they die as it then would be consider a gift not a inheritance.

If a hadith is sahih it is upon a similar level as the Quran as it cannot be ignored and is ought to be acted upon, Allah does not accept your prayers if you have hadeth minor impurity until you do wudu and a verse with specifies the sunnan “Surah nisa verse 44” we have the general case of the sunnah and the specification given in the Quran. If you don’t have wudu your prayer is not accepted but there are exceptions if you are sick and cannot do wudu or a complete wudu Allah does not punish you and if you cannot find water you can do wudu, Taymumum is a rukhsa for one prayer without water.

Kitab with Kitab , Sunnah and Kitab and sunan and sunnah

A hadith in which the prophet said “that which is watered in rain you pay a 10^th (in zakat)” You would pay a 10^th on a zakat crop but there is another hadith that says “anything less than 5 waqas there is no zakat on it” if you had a small crop then you do not pay zakat upon it. If you grew a few small crops that is not zakatable

You can specify the naq (pronounced speech) with analogy (laft is an utterance) in Arabic human beings are ration animals hayawan natiq (speaking animal) (our previous lessons mentions this) In simples terms the above means we can do Qiyas, this is where we split from dharis who reject Qiyas even some shia allow it (making a new rule from an existing rule) “logical analogy draw form the text and the sunnah of the messenger” qiyas is specification from a general in a example all clothes are halal to wear except for silk or what else. You can do Qiyas with the riding beast and modern transportation vehicles. (Riding upon a donkey or camel to riding in a car or airplane that is Qiyas)

In qiyas Allah says “male and female fornications lash them 100 times” the speciation is the slave woman Allah says a slave woman gets half the punishment of a free woman. The Qiyas that is done is also a male slave is half of what a free man gets, Allah does not say this in the Quran but we do Qiyas and come up with a new specified ruling from a general rule. The Dhari do use Qiyas in some instances just they are very conservative in its application as Qiyas is apart of human nature. The Dhari could say the male slave is covered in the Zani as the male slave is a zanii but who happens to be a slave but I am not a expert on Dhari fiqh but that is a interesting speculation that I have added.

The next chapter mujmal wal bayan (general and specific is done)

The Mujmal (unclear or summarized) the opposite is details (which you take out the riffraff and keep the main points). Termologically mujmal means that which is in need of additional explication (bayan) it could be a single word that is mujmal in its meaning that requires something external to it and that could be the context or another statement or phrase. If someone ask a series of question says to another in response to did you ever love me with no that is mujmal. A word with a shared meaning (multiple meanings) is mujmal, mujmal can mean ambigious as it needs more information to clarify the intended meanings (choose the one specifcit meaning of the many choices) Allah says 3 referring this can mean both purity and menstruation another word in arabic that has many different meanings, arabiyyah can mean arabic language, people, culture so the word arabiyyah needs additional context. A mujmal word is a unclear ambiguous word that requires context to get th intended meaning this is reveleant as we are trying to understand the intended meanings of thbe Quran and hadith as you may have a word that is Mujmal and we must know what these words may mean

Clarification

The Mujmal is in need of this clarification, a clarifying statement which is clarify with proof (daleel) the author juwayni defines bayan as “extracting something from a questionable problematic(mushila) state to manifesting it to a clarified state” from an ambiguous state to being understood with certainty. There are 2 issue brough up pertaining to this

1. That which does not include clarity from it essence due to its questionable nature
2. Clarification can be reltive and some elements remain quotable regardless

Imam hattabs says Imam juwaynis definition meanz to make something clear and that definition in itself is clear and accurate. He is responding to the debate on this obscure issue, some say some things are always gonna be ambiguous although you can clarify it a bit and not fully manifest it proper intended meaning Imam Hattab takes the view of Imam juwayni on this issue 

Nass Zahir definite

Nas is anything that cannot have anything but one meaning “I saw zayd” you could say it refers to multiple zayds but in continually in a conversation it would be understood as a single zayd in that situation there is only one person it could possibly refer to. This point is important because we need to know the univocal and the plurivacuolar. When you are dealing with an Aya or a Hadith is it referring to one thing or multiple things or a general category or a specificity thing.

Another way you can define a definite the interpreted (Ta’wil) meaning is the same as its actual meaning. For example, in the Quran surah Baraqara 196 “so fast 3 days” We know what fasting is as well as the numerical 3 means as well as what a day is, according to the normative interpretive meaning its clear without need of interpretation.

The entomology of the word nass, it has a tri root, noon alif saad. Imam Jaywani says there is a chair that called manasa in traditional Arabic culture that a bride would sit on at her wedding so that everyone can see her. The ns the chair is something clear and obvious. Imam Hattab commentating on this says “The original meaning of nass is to be raised up” Imam Hattab disagrees with Imam Juwaynis here as Imam jaywanis says nass is derived from manssa but Imam hattab is saying it’s the other way around as the root is stronger and from the root nass comes from.

The concept of Nass among the jurist refers to another meaning which is to indicate evidence for a shari ruling with the kitab and sunnah, nass can mean something similar to daleel nass or nasoos. Whether its meaning is definite

Zahir (clear/manifest)

There are many words that comes from Zahir such as zhuhr because the sun is most manifested at the time of zhur its at its zenith therefore its called zuhr. Muhzar means the place of menifisation there a city in Afghanistan called muzarhi sharif which can mean the place of holy manestificaton. The shia of Afghanistan believe that Ali is buried there they believe he traveled and died there which parallel those who say that Isa travel to India. Ali is not buried there but it is none the less the reason the view of shias

Imam Juwayni on the Zahir “a word that can carry (at least) 2 meanings, one of which is more clear than the other (more likely)” Imam Hattab gives an example “I saw a lion today” the obvious meaning is referring to an the Animal it could also refer to a brave man there for carrying 2 meanings. The Zahir meaning is the preferred interoperation of a statement or word if you give a proof to that preferred meaning then it becomes muawalan (the preponderance meaning) for example he says the Zahir becomes the muawalan when it has evidence that indicates the words one meaning it is no longer the likely meaning but the exact. The nas is the word or phrase than can have 1 meaning. The Zahir is multiple meaning but one is more likely, Zahir bi daleel, which becomes the Muawal (apparent proven meaning). There is a verse “and we built the heavens with our hands” the word used is biaydn which is plural of hands the obvious meaning is plural hands this refers to his hands Imam Hattab says this is impossible as there is no multiplicity with Allah he is Ahad. Imam hatatb says the meaning of this is metaphorical for Allahs power his Quwa and ability. Imam Hattab is an Ashari so he does not believe that Allah has a physical hand and he believes that it means other than the Zahir which is the cleary (qati’) written word which means multiple hands.

According to Ashari school Allah cannot have hands they take the Zahir with the daeel to get to the muawal which is their preferred interpretation. I learned from matiridi/ ashari so I can understand this point so it allows me to understand the Athari/salafi textual approach which seeks to not be wrong about Allah by not speaking on which Allah did not reveal about himself I am able to understand as well as the interpreted understanding of what Allah ascribed to himself. Its important to know that these Aqeedah debates are age old and its not our place to argue endless on these topics when great ulema have come from both side of the Aqeedah spectrum.