Foundation of knowledge: Hukmu ta'kheer al bayaan an waqt al haajah

Last edition we discussed al-Mubayyan and its types. In sha Allah in this edition we shall be looking at another issue still under al-Mubayyan: Hukmu takheer al-Bayaan 'an waqt al hajah meaning, the ruling of delaying an explanation of a statement beyond the time it is needed to be executed.

There are two ways for any general, absolute and ambiguous statements whose explanation is delayed:

One: For the explanation to be delayed beyond the time the statement needs to be executed and provided the statement has to do with matters which are obligatory and should be carried out immediately.

Its ruling

This is not permissible. Al-Baaqilaani has quoted an ijmaa' (concensus of opinion) on this from the scholars of Shariah, that it is not possible. This is because implementing a statement without the knowledge of how it should be done is not permissible according to the scholars who said that one can not possibly be charged with what one is incapable of.

As for those who held the view that one can be charged with what one is incapable of, they also agreed that such has never occurred. And this is why Al-Baaqilaani quoted an ijmaa on this since both parties agreed on the non- occurrence of such.

Ibn Samaani also said: "There is no difference of opinion on the impossibility of delaying the explanation of a thing to the time it needs to be carried out ..."

Two: For the explanation to be delayed from the time of the issuance of the statement to the time it needs to be carried out in matters that are obligatory but do not require immediate execution such as the delaying of takhsees (specification) and naskh (abrogation) etc.

Its ruling: There are various views on this. But the most correct one on this is that it is absolutely permissible. And this is the view of the majority of the jurists and the theologians as Ibn Aqeel and Al-Baaji had stated. It is also the position of At-Tabari, Az-Zarkishi and Ash-Shawkaani. They used as evidence the statement of Allaah in surotul Qiyaamah: "And when We have recited to you (O Muhammad!), follow our recital. Then It is for us (Allah) to make clear to (you)" (Q75: 18-19). 

However, Abu Is-haaq Al-Marwazi and As-Sairafy were of the opinion that it is absolutely impermissible. This is also the view of many Hanafis, and Daud Azh-Zhahiri. Some Maalikis also agreed with them. The Hanafis and the Mutazilah said the statement must be connected with its explanation, or be in the position of what is connected. And they made use of some evidences which do not hold water.

So they said "Were this to be permissible it would either be for a particular period or for ever, and this is incorrect. If it is for a particular period, this would be an arbitrary judgment which nobody has said. If it is for ever, this would necessitate the presence of the danger that is being avoided. i.e. addressing and charging one with religious responsibilities which one does not understand.

 

This article was culled from the publications of Deen Communication Limited

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