(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir, to the Questions of Visitors to his Facebook Page "Fiqhi")
Answer to Question The Shari'ah Cause (Al-Illah Ash-Shar’iyyah) To: Eyad Dana
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh. If you would be so kind, O Sheikh, to answer this question regarding the Shari'ah Cause (Al-Illah Ash-Shar’iyyah); where does it fall within the Address of the Legislator (Khitab ash-Shari’) related to the actions of the servants? Does it fall under the address of Requirement (Iqtida), Declaration (Wad’), or Choice (Takhyir)? And what is the difference between the 'Illah (Cause) and the Sabab (Reason)?
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
The Shari'ah ruling (Al-Hukm ash-Shar’i) is defined as the address of the Legislator related to the actions of the servants by way of requirement (Iqtida), choice (Takhyir), or declaration (Wad’). Requirement (Iqtida) is a demand, which includes the demand for action and the demand for abandonment. It includes the decisive demand and the non-decisive demand. Thus, the decisive demand for action is the Fard (Obligation), and the non-decisive demand for action is the Mandub (Recommended). The decisive demand for abandonment is the Haram (Prohibited), and the non-decisive demand for abandonment is the Makruh (Disliked). These are four rulings, and the fifth is choice (Takhyir), which is Mubah (Permissibility). These five rulings are the "Rulings of Obligation" (Ahkam al-Takleef). Corresponding to them are the "Declaratory Rulings" (Ahkam al-Wad’), which are five: As-Sabab (the Reason), Ash-Shart (the Condition), Al-Mani’ (the Obstacle), Ar-Rukhsah and Al-Azimah (the Dispensation and the Original Ruling), and As-Sihha, Al-Butlan, and Al-Fasad (Validity, Nullity, and Vitiation).
As you can see, the 'Illah (Cause) is not included under the definition of the Shari'ah ruling, neither under the "Ruling of Obligation" nor under the "Declaratory Ruling." This is because the 'Illah is considered a proof (daleel) for the Shari'ah ruling. In terms of sequence, it comes before the Shari'ah ruling, and the Shari'ah ruling is built upon it; meaning, it is a proof and not a derivative ruling. Thus, the 'Illah is the motive (Al-Baa'ith) for the ruling. As for the Sabab, it is merely an announcement and an indicator of the existence of the ruling and nothing else. What made the ruling obligatory is the proof found in the decisive command, while the proof of the Sabab is that which contains the sign indicating the existence of the ruling.
For further clarification, we say:
The 'Illah is the matter that motivates the ruling, i.e., the legislation; the ruling was legislated for its sake. The 'Illah is a proof for the ruling, a sign of it, and an indicator for it, but in addition to that, it is the motive for the ruling. It is the matter for which the ruling was legislated, and for this reason, it is the "Rationale of the Text" (Ma’qul an-Nass). If the text does not contain an 'Illah, it has a literal meaning (mantuq) and an implied meaning (mafhum), but it does not have a rationale (ma’qul), so nothing else can be joined to it (through analogy) at all. However, if it contains an 'Illah, such that the ruling is linked to an understandable description, then it has a literal meaning, an implied meaning, and a rationale, allowing others to be joined to it. Thus, the existence of the 'Illah makes the text encompass other types and instances of events, not by its literal or implied meaning, but by way of attachment (Ilhaq) due to sharing the same 'Illah mentioned within it. The 'Illah may come within the proof of the ruling, so the ruling is indicated by the address (Khitab) and also indicated by the 'Illah included in the address, such as the saying of Allah (swt):
مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ
"Whatsoever Allah has bestowed of the Fai' (spoils) on His Messenger from the people of the townships—it is for Allah, His Messenger, the kindred, the orphans, the needy, and the wayfarer, so that it may not be a circuit (circulated) between the rich among you." (Surah Al-Hashr [59]: 7)
Then He said:
لِلْفُقَرَاءِ الْمُهَاجِرِينَ...
"For the poor emigrants..." (Surah Al-Hashr [59]: 8)
The verse indicated the ruling, which is giving the Fai' to the poor Muhajireen. For this reason, the Messenger (saw) gave that Fai'—regarding which the verse was revealed, namely the Fai' of Banu Nadir—to the Muhajireen only, and did not give any of it to the Ansar except for two men who were in poverty.
Similarly, the 'Illah that came in the verse, which is His (swt) saying: “so that it may not be a circuit between the rich among you,” meaning so that the wealth does not remain only among the rich but moves to others, indicated the ruling and was the motive for its legislation.
As for the Sabab, it is: every apparent, stable description for which the auditory proof (daleel sam’i) has indicated it to be an indicator for the existence of the ruling, not for the legislation of the ruling. An example of this is the saying of Allah (swt):
أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ
"Establish prayer at the decline of the sun [from its meridian]." (Surah Al-Isra [17]: 78)
And the saying of the Prophet (saw):
إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا
"When the sun passes its zenith, then pray." (Narrated by Al-Bayhaqi)
The verse and the Hadith explain that the zenith (zawal) of the sun is a sign indicating the existence of the prayer. This means that when this time exists, the prayer exists, meaning its performance becomes permissible if other conditions are met. This applies to all asbab (reasons). For example, His (swt) saying:
فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ
"So whoever of you sights [the crescent of] the month, let him fast it." (Surah Al-Baqarah [2]: 185)
And the saying of the Prophet (saw):
صُومُوا لِرُؤْيَتِهِ
"Fast upon its sighting." (Narrated by Al-Bukhari)
This clarifies that the rising of the crescent and its sighting is a sign indicating the existence of fasting in Ramadan.
From this, the difference between the 'Illah and the Sabab becomes clear: the Sabab "is a sign indicating the existence of the ruling, like the sun's zenith being a sign of the existence of the prayer." As for the 'Illah, it is "the motive for the legislation of the ruling; it is the reason for its legislation, not the reason for its existence. It is a proof among the proofs of the ruling, just like the text." An example is the "distraction from prayer" derived from the saying of Allah (swt):
إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ
"When the call is made for the prayer on the day of Jumu'ah (Friday), then hasten to the remembrance of Allah and leave off business." (Surah Al-Jumu'ah [62]: 9)
Distraction (Al-Ilha') is the reason for which the ruling—the prohibition of trade at the time of the Friday Adhan—was legislated. Thus, it was an 'Illah and not a Sabab. This is in contrast to the sun's zenith, which is not an 'Illah because the Dhuhr prayer was not legislated for its sake; rather, it is merely a sign that the Dhuhr prayer has become due.
Your brother, Ata Bin Khalil Abu al-Rashtah
13 Rajab 1437 AH 20/04/2016 CE
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