calygll th ote "asl ygll glasy 519 hill dys” all assy — ghysaell aps oy guage oy Gedy (4 989 ase ossall) Matn al-Waragat Tashil al-turugat ftnazm matn al-Waraqat Yahya ibn Nar al-Din al-‘Imriyti (d. 989 h.) Translation by: Dr, Hatem Bazian University of California, Berkeley Zaytuna CollegeIntroduction A Wixagic Sift century Islamic era tent, wes composed by Lana a Haran! ah Fowasni(@. 478 H., 1085 CE), who, at is own time, was the foremost authority in sil a/-figh exh figh in the Shel? school of ta nden af Fomayea was only wo generations removed from a/nin a/-Shaf'? (4208 11, 820 CE), which makes his contibution inthe field of usury eriicl and comes tthe initil stage ofthe eodiication process, Also a/imayntis the primary y0l teacher of «/ Ghesi(d. 50S H. 1111 CB) who, at his own time, was considered to be the Agta (he re-newer) ofthe fith and sciences and contibuted works in vious feds of Islamic leaming. IAGhez, who is more known for his Sift works inthe West, i one ofthe foremost auhocities in the Field of usb! and his book a/ Maza continues to be « foundetional work for advanced students in Islamic jurispeudence. AL Miragatwas intended 0 an introductory text on esi for students of figh Students were required to study the text with a scholar while in the process committing it to memory. ‘The text i concise and brief by design to make it easier for memorization and " Alaceny sae given “ANd ab Miliband we mean une fun fue To Sancti, Acne Antone sem fr yer ea chy of Ade then moved Lo Aton engaging in each te Toma sane sieness ad sing tgs pions, hush ide te na aa Hara,to compel the student to seek scholar who can help in unlocking the meanings and providing essential commentary, /Jamymy wrote a/-Woragiin prose syle and it was {a0-Inv py vo weasonmed ko ers i te LON century Islamic era AF ne 989 H., approximately 1600 CE torn sad educated in Egypt and an adherent of the Sha schol has to his ret a number of texts that he transformed nto verse making it casy for memoriaation, ‘The translated text of raga below isthe verse version produced by anne and thus it adheres to poetry meters making esy to memarize in the Arsbic language, which gets fostin the English translation, ‘brief fashion, all the elements involved in the “The text is very sretured and covers, science of use consists of 215 lines of pocty divided into some 20 chapters with each ‘chapter dealing with one aspect of usu Presenly, the text is stil used in many Itamic ‘niversites an istttons around the Muslim werd to inzoduce sent othe eld of ‘sil This hs aroused my interest in translating it and then to hegin work on an Fngish translation of « complete commentary on the text, whieh wil be fortoming inthe newr furore ° A th Lain ii Bi Nv a i i a S'S a oar Wen ina sll village in am! evened ina arn the Sha schoo of a. He was 8 well known S047 ‘hola as grammesan snd bast is eroit «mumbo of work lig tie pom in wl which fe Compose rom the riggs of Jin af ronan nado otis one it wl he hus composed cher poon oa Arabic ram base on the feat ofa 2urdnan. 2‘My hope inthis undertaking isto provide the students of Islamic Studies and Istam in general an opportunity to study a text as ws ads being taught by those who adhere to this well-established tradition of learning, The goal behind this efforts wot xy muct & citique or analysis; eater i isa basic level introduction o students in the West of a text that serves a foundational work fora Living religious and legal tation. In reading the text we first begin o appreciate the intellectual vigor pursued inthe production proces, the organizational structure followed, and the scope of isues contained within, which taken collectively might help in despening our understanding of the fel of wy6l and those who are specialized i it“AL Abt Aa Leo Introduction to the text ly spol 95 seal Spall [ial IG 1) Saysthe poor in lineage a/- Yara, the one marked by impotence’ deficiency, and shortcomings Letts ois rol phe Gabi 25 ol Ld! spy at 2) Praises to Alluh who made apparent the science of w/-asa/for humanity and made it famous. aol ab Jol 5 le daca Ay Balt 5 > re tm dangence in modern English anage fas boon marowly defined ais exclsively ved to convey asexual tore’ However, th era ell fe more incisive and esses x general [Ime of nab, Mase rein to God shat of impotence, becave Gl ie alae while man {sin a comiant ate of sali. Als. man's prev ky only tha, prcepion tat has no {dependent rail ons own. All ations pecoed aly i cing wpon the One, Gd, who i al Ne an is the gv fal that an be conse abil in eenton conseredtasiing thet in “Arabi o mean ncotptece, bu tis option was liming tn 8 dsinidon and bus the fre implication ‘man bing se, ba the see defo, which repens «dept rom he sac pein es tf theology. Longuge nctodes tbe adore of a people eitomologielcomrsct an ation fom nclengenge fo snait leds tothe wnsfeemon it complete change of Us epistemology. Trslaon lnc Finis ad restos on the transfor of epistemology sad fll manny from one ngage to 43) Then, the blessings and peace in perpetuity on the one of pure origin, is ‘Miata! sel aoting ally sll Gah Upc pel 4) The foremost of all souroes, the mest honorable of al slaves, his family, and his ‘companions, the glorious. il de 8 JS i soo allt i 9) Then, the knowledge with ss a/fih completes the students of the dscptine of 9h sol batt LI 3 DL, wal Jolt Jal Bus Uso dal U gill 8 Gis ail ol fe 6.8 7) The former is more worthy of splendor and excellence and Alish who gives ‘generous attainment endhled the vogue of Shai to express it, and made i easy for him find he (al Sha is the firs o have codified i; BS ol prdl othe US (le 5 as + The maha fs somber of ames of the Pophet Mohamad (peace and blessings wpon in), nich fa. smbremomerte some 100 pane, es and aibues foe Prophet. See shaman? {1 Pomi, with te comes) of Klas W- Neda Salant ‘Atyh Wisaan Sha eh “Mtota Misenaned Zab Radel Toney Maat in Abr Rabin Brain Chop ‘nthe Nates of S)tnaRerohnh Soedba Ay Wsutan p. 406410 ® tne Sh aban nis bas tn Utd ida Sha ta Se ‘pay ob Vad to Hahn hn oF SL ihn Abd Na by “ADs n-Oara ake aL Shi descend om the yom gear ofthe Pope peice a lessings upon im). Born in 150 sr67 Cn Gua, Paleine a ed Cir te geo 58 in 208 2420 CE. 55) Pooplescceded him une bought ntobeing books mal ogre in oles AF OU Oy pie Gs lal oh 5 9) And the best ofthe small books on al-usUl is that whichis named a/-Hirugar'oy the damn al-Haramayn sth ind Se oo shh cus, 10) And Iwas asked fora fong time to verify it, making it easy for memorization and understanding (aa e's ot Casal ob PES sll 3 eal Aral SE 11. 12) [found myself obliged to do that which 1 was asked, I began, seeking from. ‘our Lord guidance tothe truth (right, accuracy), and benefits in both realms from the book.13) 4) 16) 1. Chapter concerning Usul al-Fiqh. 5B ol be Gal ai al Jaf oe Here you have usif afi an expression serving as attle for a discipline, ‘compounded from two pars. oid ob AG awl ears Ts The firsts a/-ys, and the second a/-ighund the wo pars ae distinct, Se eG EBL Ad de b LA AEA (the rot) serves asa foundation for oder than ise, and a/-Far "(he ‘aranch) is that which is founded on other than itsel. A sib eh SS i Ms Fighis the science of every Sharia or ce that eame trough feibie, as AL ota sngsee non, the plural of which i on in sed to designate the sence of asl ab gh. pinpes of jrsgeasence > antarsingste no, te plo whic is ir wet iat te cence of ht dels * piss son drive from the wiser rot ba. Ja, which mento exe effort. Ia tis comeatt meus Scholar of Ine Tar (ane) easing his umes ff to dedoce a particle 7opposed to categorical ordinance. US GSN pel Cy oss Lol SOG 17) The ordinances ace citer incumbent, recommended, permite, disapproved, forbidden le oe ol gle se Go Wy Glee peocall go 18) ‘Together with that which is sbsolutely sound and that which i absolutely comupt, “whether itelates to one concluding a contract or performing an act of worship, soli JA als OB Sell Cols 19) ‘Theincumbent is tha fr the performance of which reward is decreed und for ‘omitting it punishaent is decreed lie 5 GK GB abd 3 GOL 20) Therecommended is that for the performance of which, reward is decreed and for ‘omitting Which no punishment is decreed, polis Ys Je C55 es wld fan lpe ens 21) Andtheres no reward er pnishment fr paforming or ning he permite cede st nt +c nic cre bon 5 of wo saan hr ed it veto eugene st tre Howe sn categories spear in ine 23 and24, sou an crap, which nessence ace elated oan of te five ven ‘Hoogh they me sted ao distinc vers 82) 23) sebesejiaie (Se 25/6 bale The criterion forthe disapproved is the opposite ofthe recommended aad likewise the forbidden is the opposite of wha i incumbent Ld Sheehy 38 a G paral is beta ie SB Kee 4 gill LW, 24) The eorrup is that which isnot accepted and is not implemented if contacted. 25) 26) 27) (al tal Jo Cage aa Gaba ol pp ad ila AF-itmis a word of general meaning not cesiced to ighinits meaning, rater Gontsamore specie word. s peel ded city) Ani! our knowledge is conjunction with the known when it corresponds to its frm charuesersties May iain’ DE el ai BR ‘And ignorance isthe imagining ofa thing contrary wo the altbute that through ‘which i arose 9ea BOG I b hdl aid Jedd to Jas 28) Andi sid cht he definition of ignorance is the lack of knowledge, which is called either simple or compound Gina OS i KS 5 EMSS UB te 29) simple fom is in the pleiades’ and its compound form is in everything that you give a mental form to, SAG Job Ost JI Last shot Uf daly 30) And knowledge is attsined either involuntarily oF though a deliberate acquisition caabty i gu I cue vol pfay ele Daal Le Gyn 65 Bas shal eclls 531432) And the frst Gnvoluntarly knowledge) is obtained through the five senses - ‘smelling o tasting oc touching, and heaving and sing; and the second (deliberate ‘uajuisition) is thal which depends on deduction, lb GO a SLs ciel GY Sy es 33) Give asthe definition of deduction that whichis brought to us as a proof and x {guideto that which is sought " Eraything in ean and encompassing the totality of the universe 104 35) 36) 37) 38) 39) DOA BY bo ote ssl ys 5 dur, ‘Supposition is an individual regarding possible wo things and one of them more likely than the other. en toe eb algal ‘That which was eegarded as more likely is called supposition and the one less likely is called unsubstantiated, A ssi Sa sold be Dy ad SL ‘And doubt is « determination without regarding as more likely when they are both aul. AAG as So BY i sal Jyol ‘As forthe meaning of ust igh tention should be paid to examining the discipline in its definition ataall y si AYE aed el ail G5 U6 5 In that espect, what [have in mind is the general methods of igh like command and prohibition, not the detailed provisions, AeA gi Ely SPeMY Jai BS ‘And frow deduction isto be made by the use of usd/and who isthe scholar who is muexpat ia uit uu40) 4) 42) 4“) FoF % Gd} Jol olyl 2. Chapter concerning Usul al-Fiqh Soke NES is Sand Waste Glad Its chapter are twenty in number to be brought in svecession, and inthe book all will be included, Ce dS Cs Hl ‘And those chapters are pats of spexch” then command and prokibition then ‘words implying generality, aa ath J (r particu, specific, or comprehensive in scope; or having a meaning thai vient or one opening on itspretaion. ad fea wy Ge OS pe Gd Jus Ge, Unconditional sets, then that the legal force of which was superseded and that by ‘means of which it was superseded ° iy pats of speech is ment lngiage and Ks wpe. Sine evry tig, fegal o eral ‘eon i bse on lngange ands ge, thet scusion im te soy of ws bepins wt defining thereon of language ng IZ“4 45) 46) SIS BU oh Bs EGY ley wis Likewise the consensus. and the transmission with oc without any restriction, ‘whenever they occur sy 1s as LAG Jol Gi Similuly, analogy unconditionally joined to areason inthe principle and then the farangement of proofs agin IF Bol L8H, Ape canals cals gS Reilly ‘And the conventional description of the issuer and seeker of «#009 and likewise the conditions that must be met by each mya 1347) 48) 49) 50) si) 2 wet o ASS) Ad) ob 3. Chapter Concerning Parts of Speech WSS ‘fads tal gh gn 16) DBI ae © at Thesmalles unit of speech i composed of to nouns, oF NOUR ad aver ike ou Rie! Was 55 Jad bo OS GBI BP pel De? Similarly it comes into existence from a verb and a particle and it comes inthe form of moun and a Vocative particle as wel, eels A AG EN I ads ‘And speech is divided into statements, commands, prohibitions and interrogative pba onl ol pel 8 (30 (8 Secondly, then spose divided it a desire a gentle request anda oath, Dardel Wi dias aly je} BES ‘And thirdly, into allegorical and real and dhe detumtuon ofthe latter is that which is consisteniy used concerning its established meaning, 459) 53) 54) 55) 56) CS polo! 5 US ga Gas sesose Salb Se 1k has been said that it isthe common mode of adress conventionally agreed upon. lb eel sill ee ie Wt! nits vision tie; shar evel, and soy. cae Died ac sage oe bat 5 God & “Then the allegorical is that by means of which in your wording you go beyond the csablished meaning, gai A 3s al vay By subtraction, oF udtion, or wansformation or metaphor like the omission of "al" Kydd Sp AS 1 Sse 5 LI ‘Which is implied in the asking of the city as it occurs in the Gur‘enwithowt any ambiguity, thee ogo Spill Lit, HLS 3 BHI sto "thie othe omision of (sole) the vig rom the Car nrin cule 12 ese Is51) And the addition ofthe Av/in the ka-mithlt from its ue location, andthe field which is eemoved wag YO an (at, D6 i 58) And the fourth exampleis the word of Allah: about to collapse" ic. is iking Seo Qua chapter 4, verse 1 Soe Quramchaler 18, vere 77 1659) 60) 61) 2) Je Sob 4. Chapter Concerning Commands sll 505 4 a Jy sel bas Seal Its definition is verbally demanding « mandstory act from someone who as a Jesser satus than requester Wh cts Bae G5 SU a5) a, (On the paradigm /lia/, incumibency isesteblished when the context is severed andi absolute, Briley beady bey tis not accompanied by any indication tht in terms of the Savy the action is merely permissible or recommended, Cy ofl Se abbey Indeed its removal rom incunbeney becomes certain when its terete mean ther of te two (permisble or recommended) ° (SDI pate Gay Jd) CSS Ys Gab ad ls ® Aric is a langeage ba on titers fot sytem ou of which comes a specvum of vas pata ge Bo and cs cach elongig to» paca padi. ata6) #) ) 66) Ie does net indicate immediney or repetition, as long sit does not contain what necessitates repetition ail yil cell eal Lay 9G The command for performing the important and definite act is a command both forit and for that by mets of which iis completed. eden 2s dose ntaly 16 Like the command to pray which i also a command to ablution and everything clse which is roquced forthe performance ofthe prayer ed Ege ob a CA weal ie CLS ‘And wheneverthat whichis commandedis performed thereby therelevant obligation is discharged. 185. Chapter Concerning Prohibition ob 58 Ee LY 5 GIF ead ld 67) lis definition i verbally demanding an obligatory abaacdonment from someone ‘who has lesser status than the requester. (8h Cal Sly hs oo 68) And our command of a thing is « prohibition negating its opposite, andthe reverse also holds true any GCI Ge daily 69) And the paradigm ofthe command mentioned earlier Sometimes occurs with the inoation of making lic something that exists oS 70) Also, it came withthe intention of making two alternatives equal ikewise iteame for trea and creation.” ™ Langurge is contenu which seats a comand ver scare in Aribic can be wad fr 8 suns ppose. Some grammacians ed upto 13 ere ways tr we se ofa comand Va ‘rai ct)Ply geall Y LS 8 MOUs 3 balls 71) And the believers are included in the address of Allah with the exception of the child and the forget? 16S Ub 3 Gs16L bat gob ob Aes ns gil gs Aaa ps le gh 72617) Anh insane lof tem een, A the ule ae inl n the address in all the branches of Shar/ und with respect to that without which the performances ofthe branches is impossible Ash ead C2A1G (Day 74) And thats Islam (acceptance of Islam), forthe correct performance ofthe branches ‘without itis impossible75) 76) ™ ®) 9) 2 4 Aa\ ob 6. Chapter Concerning the General En pao Oe pb ig dole (sl a bss Its definition i « word that embraces moce than one without any visible gl pibull 6, cot Oe pe oh Ga From their saying "T covered them with what I have"; and words ofthis type are limited to four OLY Ae Oy gall 206 Aad “The plural, the singular, both of them made definite by the afta, tke w/-kafir he unbeliever),a/ asia (the humes). se bp DAW GO AM be Ss ‘And every form of indefinite nov including the conditional su that serves as spodosis of the conditional, Lp a ai, oe as ‘And the word san (who) inthe ease of rational beings andthe word (what) {nha of ivational beings and 4 (which) relating to either etegory, 21anew 80) And the word aya (where) forthe location, and fikewise aa - (when) tha is ASHI SY bw; 81) And the word fin indefinite nouns, then mir used by someone posing a question. Moe ie Gs Se all 5 Mhyed clad pal 82) However, the general force is invalidited through the occurrence of cetain types of acts and whatever fulfills the same function QFe Pet ob 7. Chapter Concerning the Specific Sap Cte Nelle le Bb 83) And the specific isa word that does not include more than one, o includes more ‘han one With visible restriction SB Gb thee ans Geet Bas WLS yan adil Lally 4) What is meant by making specifics, whenever it oocurs, the singling out of apart from the whole which i included! daithil ole os hale Gl janaitl 85) And thac by means of which specification takes place either is connected, as will ‘come later oF disconnected. Gs | oaks Ca IGS Sai Bowl Sith be £6) Theconditional andthe qualification by mems ofan adjective and likewise the exception are all connected, aad other than those ae disconnected, Ci a5 Go as Ee Coy Gol 23a) 88) 89) *” on) 2) “The definition of the exception is that by means of which parts included in speech se removed IGE K dh Sunk oh Yule And its condition is not to be seen as disconnected, and its not absorbed by that ‘whieh i absent ttle 8 op oma sto pled ely Sloe oe Jia ent oe And the basis ofthat uterance is that which is excepted belongs tothe same ‘itegory, aad itis permissible tat it should be from other than it eal yah Gaul bly ‘And itis posible tha the thing excepted be mentioned first and the conditional, fs well, forthe purpose of mesning (Bi dosh gil Ge’ Jat ‘Wherever the absolute is found together with an ateibute then iis counted as rested, py (hall 5 a OEY gg ypdl Gs a93) 4) 95) 96) 7) “The absolute command to emancipate «slave in fulfilment of an oat i in cases cof murder conditional upon belie SE i 8 gill Le pel gs Sell Yards “The absolute in the case of emancpatng of a slave couns ws resticted when aprile oan acof expiation (aad ay Ipanad SY I ‘Then the Book (the (oraz) withthe Book is made specific, and a suanah with sunnah made specitic: Ge Juried Le, UES IY pated ‘And some scholars make specificthe Book by means of the suanah and the reverse if used is also core. DL ab US oyabe pa Yl Sil, ee IF The Gur 'ancanbe mate specitcby mous of consensus, ikevise by means of Igy cach ch (00 tn cma cane ade pee 25Ape AGA techy Jarl ob 8. Chapter Concerning thesummary and the Detailed Ll als (hands OG ot Ge Be & 2 al ISIE i 984299) That which requires cavtication is summary and the criterion of clarification is removing it from a state of ambiguity to-@ onc of manifestness and clarity of cconalion. A Ge all wad A ol By WS 100) Likethe Que and itis the singolar of a/-4zra which relates to menstration snd purity for women. ° Ques single novn apps athe Cw ees to women's menseuel eye. a he Mail eb oft. Creer to We vod of ue n woman isin noe of iol pity between to mension. Inthe Hn schoo, ti wndestond to mea the asl pevod of mension, whee the Mow of bid is resent, The text ofthe Que an aeses the wht period Ua vores woman have to go though before is pri or rt ny again. Alo, ring tis period, ce usb can be reconciled with hit wile Widow sy aio! conitons, However, ifthe pried of three menstrual ‘yes were complete then they can come bck tater Bl with he contin the new conte wh fom even tthe woman, Ths ithe ce if he woman wants aroma Ber husband, BUT she dos hot then se on ry someone ele that pois. The css wove the sbued bs vere hs Wife ‘ortng te the anne The elloving att sitions pte on rach diverce: is ny ne “gc 2 The hosted did otc hat wah bis wife ding the mom of vores; 3 The woman sma on ber menseal period 26whl bas J hy bd Ge atl 101) The unambiguous word in general usages every word occurs and does not accept mone than one meaning, eli thy Uses (dat la 102) Like saying, "I saw Je'far." And itis sti tht its interpretation is identical to ts cuter Wording; let this be known, (2 sill all Se ie ees i sill ott, 13) And the sppaceat is that which when iis heard conveys a meaning other than that for whichit was established. ou Ew hs pl eb el O96 104) Like the fion, aname for one ofthe beasts, but which sometimes is used for a ‘brave maa, Wel falls ashi Sai OS Sill alts 105) _ And the spparent, when its meaning becomes problematic, is to be interpreted by means ofa proof, DY pal 5 besa 5 5 106) And after this imenpetation it becomes qualified in its name by means ofa proof 3 aoy Fe lady} ok 9. Chapter Concerning Acts sail Lolo ab Juul 107) ‘Thesets of Zhe he master ofthe Shar7', ae all of them pleasing and wondeous ail joa ¥ I Ses 4B aed Gl 108) All of them are called ues of closeness (to God) and ere therefore acts of worship, or they are not Ube aes Ghd WBS obese bo 109) The acts of closeness include those that are particular to him, wherever its root was established, ike his unieerrupted fasting JSS 5 Wl pe 110) And where there is no such proof, then i is incumbent, or itis said suspended, or cmt Sai SO u 20 Cal tas roa AG 1118112) With respect to him snd tous. As for what cannot be ealfed an act of closeness, then itis permissible for him and doing it for us is likewise permissible, 2Bss aiaisaye seis ‘own statement, Likewise sn act performed by someone else which he consented to becomes like his own act, eg Porat ive Uy 114) And then that which happened st his time and he became aware of, if he gave his ‘consent (it, then iti tbe followed. 29Ge 2 Todt Oh 10. Chapter Concerning Supersession ge slab yal 2 35S CS iy sa 115) Superson the rns othe ror a the exiographes ae si Hl Abby SS Sat 116) And its definition isthe removal by acter address of the firmness ofan earlier ness, HI Ae LOS 117) In away that without tthe caver address would have remained fixed as it was. Ps Gy og Ul bs Se UY fee 3 1] 118) Ttime elapsed between it and the second address. pol bus SHI ei us (SENG 85 pel feed 119) And itis posible for the wording wo be superseded without the olinance and tkewise de ordinance may besupescded but not Ue Wordng meant itis acessiy forthe seond adres to come erthe fist aes 3020) rat) my 13) 124) eae dbs WIS Hyd Se Sl Cpe UF ens Both together may be superseded with or without « substitution, which results in a lightening of the eute* Jey 8 Gaal J al Ja! LUI ES Cand 505 ‘And it s posible forthe substitute tobe lighter or more severe than what is being ‘voided “Then the Book with the Book can be superseded, and likewise a sunaahby a _suanahis superseded pe LS yey ‘And it is noc permissible for a Suanafto supersede the Book, rather the opposite p p 08 eG As fed alte Ab Ns and other hadiths ‘And a Aedith, with multiple chain, is superseded by one ike fare superseded by /aluhsof the same category a themselves. SEL LS apd Gp Geis Tat ba the wering an the ordinance ca be supercede by something swag fr tem cor edicing he seventy the erinace 31125) Ani one group of scholars choose the possibility of superseding a uh wich ‘multiple chains by a fuctat of a lesser ranking, but certainly the opposite can be 32At Pla 2 Sai, iv ole er et Gar ly BSN we Il. Chapter “Concerning | What is to Be Done When Faced With Conflicting Proofs and How to Prefer One Over The Other. peal il de 126) The contradiction of two uterances in decrees may occur in four ways SOI cai 5s Ue bias gibt J lap ova dp bY 127) Either geneeality or specificity in both of them, or any wording conning ether of these vwo aubutes 15 Sotelo ils Ci as J 128) Ora speech that contains both of them and both ofthe atibutes are to be considered as evident aly Lobos ' 33129) Combining the contradictory elements in the first two cases is incumbent if possible. Se eK IG GAB YESS 130) And whenever itis not possible to combine both of them, then sespension if the respective dates of the two are not known, Ga WAL gE Cees Bay Lele by 131) And if we know the time of each of them, hen the second supersedes that Which ‘comes easier pool gh bl yoga iy poled CI yates 132) And in the third well knowa case, a wording implying generality is made specific by one implying specificity SEB SS G2 Be Ba YS Tht 55 SS 138) And in the last case the free of one part of speech is determined by another Opie ay ta Cee git IS Ae as 124) Regord as specific the general wording for each of them by means oftheir Fexpective opposites ant know of them eoas) 136) la) 38) - £ 12. Chapter Concerning Consensus Sigg aia «Cle A paadl Jal 5 GUE) ‘The agreemenc among all the people ofthe age, ic. the scholars of jurisprudence, withove the possibility of dissension, 1 (On consideration of a decree occuring in ecation to the Stary, ike the prohibition of prayers in a state of pollution. Stay nlall OS Es 25. pl SS J Sadboiis OEY 8 gi ploy gol (One may have recourse asa proof to consensus, asa proof of anyone within the ‘uminah, no ouside oft, because this unmub[ collectively] has been given protection against error” ach consensus is proof for those that come after it in every generation This iw i bs on well wn fee th spoke ofthe protection nat aleve cor: ‘My common shall ever agree om or Ts Al appa n Suna Fo Aj, val, 130, 2080. A amor of ther Ate having the sine meng Spear inf Clea os Work, mM So Lpge IIs andi Ai, an ap. 220221 35139) 140) vat) 142) 1a) 144) eae ola} ‘The end of ts generition wes not made w condone. its vy] but thas athe bees sad fain condtvon d Bini ghey Ug hal kis not possible forthe people participating in a consensus to dissent from it excep in the case ofthe Second opinion, according to which itis not forbidden, agi a lee 6s hyedsale Be JOY, aol IF ye SBI Ce Fans ‘The consensus fromthe wlan of ach ot mers and om th i Sab a Js ae pee oh Cty SS psi (Or the uterance by some in accordance with which others act, o the spreading of citer those utterances or acts combined with the silence ofthe others. ge V6 wal te wile go IS ybcall d ‘Then, the opinion of the Companion concerning his own penctico, according tothe later view of a/-Shad cannot be Used a8 a proot 36SS is op 5 hy WES pul 145) Wherras in acrarance with hi previous opinion it sta he taken aa proof. but it hasbeen regarded as weak and rejected 37146) Man) 148) 149) aed og 2 Hs LEN ob ol 13, Chapter Concerning Reports and Their Status ps ee iss Une eal fall jaa 30, Thereportis a wording conveying a meaning that includes the possibility of veracity oF falsehood, and one type of was tansmited GGT gol OB Oe Ws Gul pl LG [By mukiple continuous chains conveying definite knowledge,” other types than this being considered isolated. (alee ie Dee Get BG The first of the two kinds is that which was narrated by a group to vs from a similar group thal traces ic back to the Prophet (peace and blessings upon him). M5 sl gle fh ale Bice gill J) 555 ‘And continually this way tothe one with whom the report originated not by ‘means of rational exertion rather by hearing or seeing ° ceo dhe mn comfons fra sound, comet and authentic Adis the peesnee of mip antiuos cin of ansnson om ery genio Hon the ne of he Prophet oe pron Such ‘iets cles moran “The scholar died on the minawsm number o chia aetded for sch « ‘anda ot nyting low the mina moves ik ferent cis of ae 38150) 151) Is) 153) 154) Ea bl e060 pl! EP ee Lh oiilib pout 26 Kyl ‘The second of them is the isolated which makes incumbent a deed but nt definite knowledge, for supposition occurred with it Cen S253 shes Wis divided ino mers and masa an cach oe wil be mentioned in, al ide Uy fea fad yl jan CESS Wherever some ofthe narators are missing then, iLis murs, otherwise iis amused. poral Junta oJ ely pls poe ‘The ausnndis it to serve asa proof but not the saurse/, however the smurso/ot the Companion is aczeptable Napa tlyy Ge plo i Nl ceed Gy Le 39135) 136) 157) 138) 19) “Thus Seid ibn ab Mosayyxb" made it accepted as a proof tht which he narated as amused SU aad ys tall null 2G ‘And joined withthe musaatis the inner in is satus which hasbeen clarified fori we IS (ol U6 Us te ioe [And he who his shaythvend to him a report says, "he narrated to me,” tke saying “heinformed me, Gal uh LES Bb Se BSE os ‘And he does not say inthe opposite cases “he narrated to me", rather he says “a teansmitter informed me” S64 Sl Bd: 501 a be Des ‘And wherever ke didnt read tothe shh, but the shay ashosze Kt to transmit, he says “he informed me with an suthorization.” soi hn af Messi atone of he Comasions rhe hen follower ofthe Companions le etieongy te ec gener. ie Anwar nates screed ws Hun Dats lO Wha He ‘eased was taken from 80 orgy, is ater ee 40~ Fs tga ol “oe 14. Chapter Concerning Analogy et ee BoB LeU pu eae 160) As for analogy, iis de tracing buck of the branch co the root in sound Shari 'x judgment, pi BE aa Stl pint Be 161) Due to a unifying eause in the judgment, and itis to be considered threefold by Sil peel iG J sys taal aba 162) Fither for a cause thet is added on, oF fora textual indication” or similtude then ‘conser ts conditions, Mid SoU Ea Ls sas GBI 16) The first ofthat where the use independenty produce judgment BW UI Li AU ad 2m tet inde al ery i ve awe: as eit emg: 2 ira ue (eel meg) Dats ec meg 4 af a Cs ‘neauing 5 sim! aualafe Sivergent easing), See chapter fea Mohamed Hashim Kamas wore, Picts oan oapradece svn Tent Sec, Cambridge, 191 a61) 165) 166) 167) 168) 169) Like a person beating or striking his parents is forbidden, like expressing iritaion to ones parents, whichis forbidden Vecause ofthe harm it causes. StS) 4 US Jel a JG oh ‘And the second is that where the sighing ofthe cause does not produce & judgment, bu iis avextual indication. bi de Gt all 3286 ds Proof may be drawn from a valid analogy resulting in Stary‘ judgment to be followed, Pld ps BK Like our statement that the propesty of the boy necessitates the paying of the ait ‘on it ike that of the adult, forthe purpose of growth. foe's Deel ibel og G 155 calle AIG ‘And the third type of analogy is that the status of whichis intermediate btween Sp Gil dhe gb one » {tis to be amsiniated to he one from the ewo it more esembles in its Visible chraceisics, Slo FBG Y JUG DEY J GSI BLS AQ170) i im) im) im) 173) ‘The slave is tobe assimilated with property aot with a free person in respect to his characteristics in ease of damage. AN gah tals eu ‘And the condition in analogy i thatthe branch should have affinity to the Principle when they ae joined, LAN ob OK ob Through the quality that joins the two together being appropriate forthe judgment wih no ambiguity Ge 99 (SOU Gale gah i oad Gale Gy GE LU 3,5 ‘And the principle being finn in such a way tht (wo adversaries should agree upon glee UL bs ‘And the condition f each ease is thai is consistently present in all ts effects ‘hat occur Wega Yi thd pass ‘tsa itshould not be invalid in word and in mening, and here is 2 analogy ‘thonover such defeenies are recorded. CS abe oo SOG 4B176) _A further condition is thatthe decree should conform to its cause, with ether ‘negation or affitmation, together. Cee OS WY sill od Ges LB Gl oad 172) And he causes tht which in rest dtermines the judgment andthe judgment is that which is determined by it, Y 447a) 1) 180) lal) dotyhy wi gud 15. Chapter Concerning Prohibition and Permissibility Soll patil, Cd det iy LS “Thee o dere before the ening of the Messenger (sean lesings upon fin), rthr afer the soning in ezodance wh he poo er So epi pr SS CA i Let ‘And the original state of things before the occurrence of legislation is hat they are forbidden, and not aftr 8 Shar judgment ee ke CYS We 1b gui el Ge Rather whatever the Shar‘ made permissible, we make permissible and ‘whatever i forbids vo us we regard as forbidden. fool Koy CRA Jo deb an JESS ‘And whenever we o nt find un ovidence of permisbilty inthe Shar’ we ‘adhere to the judgment of the general principle MS Oke 25 Se VLA cna 4512) 1a) 184) 1s) Conforming wo the principle and none other than it; however a group of scholars have said the oppeste of what we have sai, Tp Cath Weed 3) GY abot Gobel Meaning thatthe basic taus ofall things is permissibiity except where prohibition has occured ia our tary, then i is not to be refuted Cele Oe es CS LOWY ISS Adit was suid that the basis wit respect to what is beneficial i its permissibility ‘ad that which is harmful is prohibited. Bases sey anlage "The definition of Avis thatthe muyjanhid revert tothe basi principle whenever there is no specific proof fora specific judgment, 46186) 187) 188) 189) 190) 16. “Chapter Concerning the Priority of Proofs J ath ute “The clea proofs are given preity over obscure ones with espet to ats Sow ol GI ae Me pall dad Gee Lys Then i soppsiion ewan repecsjdgment nee ove ove EY javadilly ©: peels yeral ee [Except in the case ofthe specific and the general; the specific should always be taken without the question of priority arising, (A de Eb Las SE pnd ge (5 GRIN Give priority wo the authoritative text over analogy and thee will suffice; the clear {extis given priority over the obscure i these isin the authoritative text something from the (@urarorthe suave, then the Zaha must be changes. a7Yaad beat BS Ys Ty BS GG 191) “Then the textis decisive, otherwise comtinue to rely upon Jzishab 48192) 193) 19) 195) se < a 17. Chapter Concerning the Mufti, Mustafti, and Muqalid AEM loa 8S Mel all wba ‘The qualification of tke mufvis to have reached the level of ja, which is tet hhe should know the ay (verses) of the Book and the suanah of the Prophet (peace and blessings upon him). Bel Dl yo I GIS, ofl ac) i aailly ‘And he igh i its fa-reaching branches and every rule that ths. OE ye O18 Bl cali go gy Ge ‘Together withthe opinion of the sethavo" tha have come into existence and the Aiferences established between them, allo oil lash, PM de dee Vy sadly Grammar, the principles of jurisprudence together with the knowledge of Jivrature and the Language which came front the Arabs, egal fabric ofthe Mati comm. 49196) 197) 198) 200) DEES SS cal aay YOON aad y ab Insoticien quanto beable to due mater by hms fr whoever aks ANUE Seal Ss ES ll ale He should also have knowledge of cir of the apne( Caran verses), and in halth of the sas ofthe nares, BE ses jal Ni hd DL ple Eases And the instances of consensus and disagreement. Knowledge ofthis amount is sufficient fo hm ald gil BIBS ‘The condition of the ustnis tat he not be learned ike the Mat be 8,5 jy 38 gies lee 36 asd Whenever he is like tne ultra nya, ten iLis aot permissible for him to be mogali The wince of Chr anicineretation and exes 50201) 20) 208) 204) asia 3 23 “oe 4 18. SubChapter Concerning Taqlid OU 95 be pads I ur imitation consists of the acceptance of a statement by someone without mentioning the proof tothe questioner WBN Bee HE US LS ‘And itis said, iLis our acceptance of his statement despite our ignorance of the basis on which he sid it Gy I Ie SAU abl tb Joi J In our acceptance ofthe statement of Take af Mustefe(pence and blessings upon him) there ts an imitation of him in the judgement without any doubt, JAB oy ee AG BUSY YS And itis suid, no, because everything that he said was by means of revelation (oeutn, 51205) 208) 207) 208) 209) 4 19. Chapter Concerning Ijtinaa ad i pl JS i ove Air! IG of ss Its definition is thatthe one who engages in hidshould exert his effortin sini matter he intend, Uf pal Bb US co pats [And is divided into correct and erroneous, al exror is forbidden in branches ‘where certainty exist, EAN UY Capa aad 5 J ey 2 Ipol is ‘And in the principles of a (principles of theology), then iis in the same way forbidden, eeause it would imply approval of the people of innovation Igbo ol sell Spells UBb 1S OS Call go Such asthe Christians who committed 4d with thei rinitrianism, chose who claim tae they will nt be resurrecied, abe Bl 3 Gayl OS OBL oe dan Yl Cr that they will not seth ord with her eyes, andthe Zorastrans in theit 52wel joie sero ek pa stl 210) And whoever attained a corectresuk in the branches is given wo rewards and make half of that for the one who i in eror Yl pani yo UE 8 gall dg WG 211) ecause of what hasbeen marae from the guiding Prophet (peuce and blessings spon him) concerning the two sypes of ea | db oe sal 212) And with this then the versifeaion of this introduction has been completed. Ts ‘verses in number correspond to fim pearls all p35 48 poy OU (6) 3 (0) FW) jes 213) This was completed in the year 989 Hj, inthe second day of the month Red a/-Thani ve month of bith of Masiada (peace and blessings upon him). he ge bi DLS 93 wl ge LG Mpa So aes spray ally oll gle 214 & 215) Praise to Allah for is completion, then blessings of Allah and his peace ‘upon the Propet and his family, his companions and his followers and'every believer in him, 53