ﺩﻴﻘﻤﻟﺍﻭ ﻕﻠﻁﻤﻟﺍ

14. The Unrestricted and the Restricted
I. Definitions
A. mutlaq: from the verb atlaqa, ‘to release’; unrestricted or absolute.
a word which is neither qualified nor limited in its application.
e.g. 1) a book, a man (an indefinite noun in an affirmative statement or
command)
® ⎦⎪%!#´ρ βρ`γ≈à`ƒ ⎯Β ¯Νκ″$¡Σ ¯ΝO βρŠθ`èƒ $ϑ9 #θ9$% `ƒ`s Gù π7%´‘ ⎯Β ≅¯6% β& $¯™$ϑFƒ 〈
) ةلداجملا 3 (
Those who put away their wives (by saying they are as their mothers) and
afterward would go back on what they have said, (the penalty) in that case (is)
the freeing of a slave before they touch one another. 58:3
“a slave” is mutlaq.
e.g. 2) the command form of a verb
® # θ`Ζ¡m&´ρ β) ´!# ´=t† ⎦⎫Ζ¡`sϑ9# ∩⊇®∈∪ 〈 ) ةرقبلا 195 (
…[A]nd do good. Indeed, Allah loves the doers of good.
3. Difference between 'aam and mutlaq: 'aam applies to all the members of its
class simultaneously, whereas mutlaq applies to any one of a multitude but not
to all.
1

B. Muqayyad: from the verb qayyada, ‘to bind’. When the mutlaq is qualified by
another word or words it becomes muqayyad.
® ⎯Β´ρ Ÿ≅F % $´ΨΒσ`Β $↔Üz `ƒ`sGù π7%´‘ πΨΒσ•Β 〈
He who has killed a believer by mistake must set free a believing slave. 4:92
Note: The qualification of slavery by belief still leaves it unrestricted in
areas outside the qualification; so it would be valid to free a female
slave as well as a male slave.
II. Rule: Compliance with a mutlaq command is achieved if one applied the rule to
any member of the set without restriction. This is consistent with the principle of
baraa’at ath-thimmah.
Compliance with the muqayyad will only be accomplished by observing the
restrictions indicated by the qualifications added to the mutlaq.
III. The working relationship between the mutlaq and muqayyad.
A. Different sabab and hukm: The mutlaq is not restricted by the muqayyad (a
matter of consensus)
® −‘$´¡9#´ρ π%‘$´¡9#´ρ #θ`èÜ%$ù $ϑドƒ& 〈 ) ةدئاملا 38 (
As for the thief, both male and female, cut off their hands. 5:38
® $κš‰'≈ƒ š⎥⎪%!# #θ`ΨΒ#´™ #Œ) `ΟFϑ% ’<) οθ=¯Á9# #θ=¡î$ù ¯Ν3δθ`_`ρ Ν3ƒ‰ƒ&´ρ ’<) ,ù#ϑ9# 〈
) ةدئاملا 6 (
O you who believe! When you rise up for prayer, wash your faces, and your
hands up to the elbows…5:6

1
See Kamali, p. 113.
B. Same sabab, same hukm: The mutlaq is restricted by the muqayyad (a matter
of consensus)
® ⎯ ϑù `Ο9 ‰g † `Π$´‹Áù πW≈=O Θ$−ƒ& 〈 ) ةدئاملا 89 (
Allah will not take you to task for what is unintentional in your oaths, but He
will take you to task for the oaths which you swear in earnest. The expiation for
that is to feed ten of the needy with the average of that with which you feed your
own people, or to clothe them, or to free a slave; and for one who does not find
(the means to do so) then a three days’ fast. 5:89
The recitation of Ibn Mas'ood
ﺕﺎﻌﺒﺎﺘﺘﻤ ﻡﺎﻴﺃ ﺔﺜﻼﺜ ﻡﺎﻴﺼﻓ
“…three days of consecutive fasting.”
® $ϑΡ) Π¯m `Ν6‹=æ πGŠ ϑ9# Π$!#´ρ ... 〈 ) ةرقبلا 173 (
He has forbidden you only carrion, and blood…2:173
® ≅% ω ‰`& ’û $Β ´©rρ& ´’<) $´Β¯tΧ ’? ã Οã$Û …μϑè܃ ω) β& šχθ3ƒ πGŠΒ ρ& $´ΒŠ %´nθ`¡Β
〈 ) ماعنلا 145 (
Say: I do not find in what is revealed to me anything prohibited to an eater that
he eat thereof, except it be carrion, or blood poured forth… 6:145

C. Different sabab, same hukm: the mutlaq is not restricted by the muqayyad
(disputed)
® ⎯Β´ρ Ÿ≅F % $´ΨΒσ`Β $↔Üz `ƒ`sGù π7%´‘ πΨΒσ•Β 〈
Whoever killed a believer by mistake must set free a believing slave. 4:92
® ⎦⎪%!#´ρ βρ`γ≈à`ƒ ⎯Β ¯Νκ″$¡Σ ¯ΝO βρŠθ`èƒ $ϑ9 #θ9$% `ƒ`s Gù π7%´‘ ⎯Β ≅¯6% β& $¯™$ϑFƒ 〈
) ةلداجملا 3 (
Those who put away their wives (by saying they are as their mothers) and
afterward would go back on what they have said, (the penalty) in that case (is)
the freeing of a slave before they touch one another. 58:3
D. Same sabab, different hukm: The mutlaq is not restricted by the muqayyad
(disputed)
Example 1:
® $κš‰'≈ƒ š⎥⎪%!# #θ`ΨΒ#´™ #Œ) `ΟFϑ% ’<) οθ=¯Á9# #θ=¡î$ù ¯Ν3δθ`_`ρ ¯Ν3ƒ‰ƒ&´ρ ’<) ,ù#ϑ9# 〈
) ةدئاملا 6 (
O you who believe! When you rise up for prayer, wash your faces, and
your hands up to the elbows…5:6
® #θϑ´ϑ´‹F ù #´‰‹è¹ $´6¯ŠÛ #θs¡Β$ù ¯Ν6δθ`_'θ/ Ν3ƒ‰ƒ&´ρ μΨΒ 〈 ) ةدئاملا 6 (
And if you are sick or on a journey, or one of you comes from the
bathroom, or you have had contact with women, and you do not find
water, then go to clean, high ground and rub your faces and your hands
with some of it. 5:6
'Ammaar ibn Yaasir related that the Messenger of Allaah () sent him on an errand,
and he had a wet dream but couldn’t find water, so he rolled himself in dust the way
an animal rolls itself.
2
Then he came to the Prophet () and mentioned it to him. The
Prophet () said,
» ﺍﹶ ﺫﹶ ﻜَ ﻫ َﻊﹶ ﻨْﺼﹶ ﺘ ْﻥَ ﺃ َ ﻙﻴِ ﻔﹾﻜَ ﻴ َ ﻥﺎﹶ ﻜ ﺎَ ﻤﱠ ﻨِ ﺇ «
‘It would have been enough for you to do like this.’
ﱢ ﻔﹶ ﻜﹺ ﺒ َﺏَﺭَﻀﹶ ﻓ ﹸ ﺜ ِﻪﱢ ﻔﹶ ﻜﹺﺒ ِ ﻪِ ﻟﺎَ ﻤِ ﺸ َﺭْﻬﹶ ﻅ ْﻭَ ﺃ ِ ﻪِ ﻟﺎَ ﻤِ ﺸﹺ ﺒ ِﻪﱢ ﻔﹶ ﻜ َﺭْﻬﹶ ﻅ ﺎَ ﻤﹺ ﻬﹺ ﺒ َ ﺢَ ﺴَ ﻤ ﱠﻡﹸ ﺜ ﺎَ ﻬَ ﻀﹶ ﻔﹶ ﻨ ﱠﻡﹸ ﺜ ﹺ ﺽْﺭَ ﺄﹾﻟﺍ ﻰﹶ ﻠَ ﻋ ﹰ ﺔَ ﺒْﺭَ ﻀ ِ ﻪ َ ﺢَ ﺴَ ﻤ ﱠ ﻡ
ُ ﻪَ ﻬْﺠَ ﻭ ﺎَ ﻤﹺ ﻬﹺ ﺒ .
ُ ﻪَ ﻬْﺠَ ﻭَ ﻭ ،ِ ﻪْﻴﱠ ﻔﹶ ﻜ َ ﺭِ ﻫﺎﹶ ﻅَ ﻭ ،ﹺ ﻥﻴِ ﻤَ ﻴﹾﻟﺍ ﻰﹶ ﻠَ ﻋ َ لﺎَ ﻤﱢ ﺸﻟﺍ َ ﺢَ ﺴَ ﻤ ﱠﻡﹸ ﺜ
Then he struck the ground with his palms once, blew the dust off them and wiped his
left hand over his right hand, and wiped the backs of his hands and his face.”
34

Example 2:
® ù ϑ ⎯ 9 Ο` † g ‰ ù Á ‹´ $ Π` © η¯  ⎪ ⎦ Β` F G $ / è ⎫ ⎦ Β ⎯ % 6¯ ≅ & β ƒ F ϑ $ ™¯ $ ù ϑ ⎯ 9 Ο` „ ¡` G Ü ì ù * Û è $ Π` ™ G ⎫ ⎦
Β ¡` 3 Š Ζ´ $ 〈 ) ةلداجملا 4 (
And he who finds not (the wherewithal), let him fast for two successive months
before they touch one another; and for him who is unable to do so (the penance
is) the feeding of sixty needy ones. 58:4

IV. Some qualifications are intended simply to reveal the reality of a matter, not to
restrict it:
® ⎯Β´ρ 퉃 ìΒ ´!# $´γ≈9) z#´™ Ÿω ´⎯≈δ¯/ …μ9 ⎯μ/ $ϑΡ*ù …μ/$¡m ‰Ζã ⎯μ/´‘ …μΡ) Ÿω x=`ƒ
βρ`≈39# ∩⊇⊇∠∪ 〈 ) ونمؤملا ن 117 (
He who calls on any other god along with Allah that he has no proof for, his
reckoning is only with his Lord. Indeed, disbelievers will not be successful.
23:117
This does not imply that one may call on another god that one has proofs for.
Alternate trans:
He who cries to any other god along with Allah has no proof thereof. His
reckoning is only with his Lord. Indeed, disbelievers will not be successful.
23:117
® MΒ¯`m ¯Ν6‹=ã ¯Ν3G≈ γΒ& ¯Ν3?$Ψ/´ρ … `Ν66×≈/´‘´ρ ©L≈9# ’û Ν2‘θf`m ⎯Β `Ν3←$¡Σ ©L≈9#
ΟF=zŠ ´⎯γ/ β*ù ¯Ν9 #θΡθ3? ΟF=zŠ ∅γ/ Ÿξù y$Ψ`_ ¯Ν6‹=æ … 〈 ) ءاسنلا 23 (

2
'Ammaar reasoned by analogy that since the water of a ghusl must wet every part of the body the
substitute for water must do the same.
3
This way of making tayammum is the most authentic recorded. Note that that he only struck the
ground once and that he wiped his hands only to the wrists.
4
BM
Forbidden to you are your mothers, and your daughters….and your step-
daughters who are under your protection (born) of your women to whom you
have gone in – but if you have not gone in to them, then it is no sin for you (to
marry their daughters)… 4:23
who are under your protection is not an operational restriction, according to the vast
majority of scholars. It is simply mentioned because it is the norm.

or to clothe them. Same sabab. Same sabab. or to free a slave. Different sabab. 58:3 D. same hukm: The mutlaq is restricted by the muqayyad (a matter of consensus) (89 ‫ 〈 )المائدة‬Θ$−ƒr& ÏπsW≈n=rO ãΠ$u‹ÅÁsù ô‰Ågs† óΟ©9 ⎯yϑsù ® 5 Allah will not take you to task for what is unintentional in your oaths. but He will take you to task for the oaths which you swear in earnest. wash your faces. The expiation for that is to feed ten of the needy with the average of that with which you feed your own people. and you do not find . different hukm: The mutlaq is not restricted by the muqayyad (disputed) Example 1: 〈 È. 5:89 The recitation of Ibn Mas'ood ‫ﻓﺼﻴﺎﻡ ﺜﻼﺜﺔ ﺃﻴﺎﻡ ﻤﺘﺘﺎﺒﻌﺎﺕ‬ “…three days of consecutive fasting. and your hands up to the elbows…5:6 s (6 ‫ 〈 )المائدة‬çμΨÏiΒ Νä3ƒÏ‰÷ƒr&uρ öΝ6Ïδθã_âθÎ/ (#θßs|¡øΒ$$sù $Y6ÍhŠsÛ #Y‰‹Ïè|¹ (#θßϑ£ϑu‹tFù ® ÷ à And if you are sick or on a journey. or blood poured forth… 6:145 C. except it be carrion. and for one who does not find (the means to do so) then a three days’ fast.. or you have had contact with women.. and blood…2:173 %·nθàó¡¨Β $YΒyŠ ÷ρr& ºπtGøŠtΒ šχθä3tƒ βr& HωÎ) ÿ…çμßϑyèô܃ 5ΟÏã$sÛ 4’n?tã $·Β§ptèΧ ¥’n<Î) z©Çrρé& !$tΒ ’Îû ߉`r& Hω ≅è% ® t É (145 ‫〈 )األنعام‬ Say: I do not find in what is revealed to me anything prohibited to an eater that he eat thereof. 4:92 〈 $¢™!$yϑtFtƒ βr& È≅ö6s% ⎯ÏiΒ πt7s%u‘ ãƒÌóstGsù (#θä9$s% $yϑÏ9 tβρߊθãètƒ §ΝèO öΝÍκÉ″!$|¡ÎpΣ ⎯ÏΒ tβρãÎγ≈sàムt⎦⎪Ï%!$#uρ ® 7 © (3 ‫)المجادلة‬ Those who put away their wives (by saying they are as their mothers) and afterward would go back on what they have said. or one of you comes from the bathroom. 〈 )البقرة‬tΠ¤$!$#uρ sπtGøŠyϑø9$# ãΝà6ø‹n=tæ tΠ§ym $yϑΡÎ) ® He has forbidden you only carrion. (the penalty) in that case (is) the freeing of a slave before they touch one another.” ¯ (173 ‫ .Ïù#tyϑø9$# ’n<Î) öΝä3tƒÏ‰÷ƒ&uρ öΝä3yδθã_ãρ (#θè=Å¡øî$$sù Íο4θn=¢Á9$# ’n<Î) óΟçFϑè% #sŒÎ) (#þθãΨtΒ#u™ š⎥⎪Ï%©!$# $pκš‰r'¯≈tƒ ® r ô (6 ‫)المائدة‬ O you who believe! When you rise up for prayer.B. same hukm: the mutlaq is not restricted by the muqayyad (disputed) 〈 7πoΨΒ÷σ•Β 7πt7s%u‘ ãƒÌóstGsù $\↔sÜyz $·ΨÏΒ÷σãΒ Ÿ≅tFs% ⎯tΒuρ ® Ï Whoever killed a believer by mistake must set free a believing slave.

5:6 'Ammaar ibn Yaasir related that the Messenger of Allaah () sent him on an errand. «‫»ﺇﻨ َﺎ ﹶﺎﻥ ﻴﻜﹾ ِﻴﻙ ﺃﻥْ ﺘﺼْﻨ َ ﻫﻜ ﹶﺍ‬ ‫ِ ﱠﻤ ﻜ َ َ ﻔ َ َ ﹶ ﹶﻊ َ ﹶﺫ‬ ‘It would have been enough for you to do like this. high ground and rub your faces and your hands with some of it.2 Then he came to the Prophet () and mentioned it to him. 4 BM 2 . not to restrict it: ßxÎ=øムŸω …çμ¯ΡÎ) 4 ÿ⎯ÏμÎn/u‘ y‰ΖÏã …çμç/$|¡Ïm $yϑ¯ΡÎ*sù ⎯ÏμÎ/ …çμs9 z⎯≈yδöç/ Ÿω tyz#u™ $·γ≈s9Î) «!$# yìtΒ äíô‰tƒ ⎯tΒuρ ® (117 ‫ ∪∠⊇⊇∩ 〈 )المؤمنون‬tβρã≈s39$# Ï ø He who calls on any other god along with Allah that he has no proof for. Alternate trans: He who cries to any other god along with Allah has no proof thereof. The Prophet () said. Indeed.”34 Example 2: t⎦⎫GÅ™ ãΠ$èÛ*ù ìÜtG¡„ Ο9 ⎯yϑù ( $™!$ϑFƒ β& ≅6% ⎯Β ⎦⎫è/$tGFΒ ⎦⎪η© Π$‹Áù ‰g† Ο9 ⎯ϑù ® nÏ y ô Îs ô Ï ó o ó © s ¢ y tt r È ös Ï È ÷y Î tã È øt ö x ã u Å s ô Ås ó © y s (4 ‫$ 〈 )المجادلة‬ΖŠ3¡Β Y Å ó Ï And he who finds not (the wherewithal). and for him who is unable to do so (the penance is) the feeding of sixty needy ones.‫ﺒﻬ َﺎ ﻭﺠْﻬﻪ‬ ُ َ َ ‫ﹺ ﹺﻤ‬ 'Ammaar reasoned by analogy that since the water of a ghusl must wet every part of the body the substitute for water must do the same. 23:117 This does not imply that one may call on another god that one has proofs for. His reckoning is only with his Lord. then go to clean. 3 This way of making tayammum is the most authentic recorded. Some qualifications are intended simply to reveal the reality of a matter. 23:117 ©ÉL≈©9$# ãΝä3Í←!$|¡ÎpΣ ⎯ÏiΒ Νà2Í‘θàfãm ’Îû ©ÉL≈©9$# ãΝ6ç6Íׯ≈t/u‘ρ … öΝä3è?$oΨt/uρ öΝä3çG≈yγ¨Βé& öΝà6ø‹n=tã ôMtΒÌhm ® à u ã (23 ‫ … 〈 )النساء‬öΝà6ø‹n=tæ yy$oΨ_ Ÿξsù  ∅ÎγÎ/ ΟçFù=yzyŠ (#θçΡθä3s? öΝ©9 βÎ*sù £⎯ÎγÎ/ ΟçFù=yzyŠ ã .’ ‫ﻓ َ َ َ ﺒﻜﻔﻪ ﻀﺭْﺒﺔ ﻋ ﹶﻰ ﺍﻟﹾﺄﺭْﺽ ﺜ ﱠ ﻨﻔﻀ َﺎ ﺜ ﱠ ﻤﺴﺢ ﺒﻬ َﺎ ﻅﻬْ َ ﻜﻔ ِ ﺒﺸ َﺎﻟﻪ ﺃﻭْ ﻅﻬْ َ ﺸ َﺎﻟﻪ ﹺﻜﻔ ِ ﺜﻡ ﻤﺴﺢ‬ َ َ َ ‫ﹶﻀﺭﺏ ﹺ ﹶ ﱢ ِ َ َ ﹰ َﻠ َ ﹺ ﹸﻡ ﹶ ﹶ َﻬ ﹸﻡ َ َ َ ﹺ ﹺﻤ ﹶ ﺭ ﹶ ﱢﻪ ﹺ ِﻤ ِ ِ َ ﹶ ﺭ ِﻤ ِ ِ ﺒ ﹶ ﱢﻪ ﹸ ﱠ‬ ‫ﺜ ﱠ ﻤﺴﺢ ﺍﻟﺸ َﺎل ﻋ ﹶﻰ ﺍﻟﹾﻴ ِﻴ ﹺ، ﻭ ﹶﺎﻫﺭ ﻜﻔﻴْ ِ، ﻭﻭﺠْﻬﻪ‬ ُ َ َ َ ‫ﹸﻡ َ َ َ ﱢﻤ َ َﻠ َﻤ ﻥ َﻅ ِ َ ﹶ ﱠ ﻪ‬ Then he struck the ground with his palms once. Indeed. so he rolled himself in dust the way an animal rolls itself. Note that that he only struck the ground once and that he wiped his hands only to the wrists. and he had a wet dream but couldn’t find water. disbelievers will not be successful. 58:4 IV.water. disbelievers will not be successful. and wiped the backs of his hands and his face. his reckoning is only with his Lord. let him fast for two successive months before they touch one another. blew the dust off them and wiped his left hand over his right hand.

. It is simply mentioned because it is the norm. and your daughters….and your stepdaughters who are under your protection (born) of your women to whom you have gone in – but if you have not gone in to them. then it is no sin for you (to marry their daughters)… 4:23 who are under your protection is not an operational restriction.Forbidden to you are your mothers. according to the vast majority of scholars.

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