(Series of Answers by the Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors to his Facebook Page)
To: Hamid Nasuh
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu...
It was mentioned in your valuable book (Taysir al-Wusul ila 'Ilm al-Usul) in the discussion regarding the evidence of the legal cause (‘Illah) that the Fa in the saying of the Prophet (saw): "You have command over your affair, so choose" (Malakti amraki fakhtari) indicates Ta'leel (providing a legal cause) because it is uniform and transitive (muta'addiyah)... whereas the Fa in the verse of Allah (swt): "...so lash them" (fajlidu) is a limited (qasirah) non-transitive cause (sababiyyah)...
Upon contemplating both, I could not discern the difference...
Please clarify... may Allah grant you success in establishing His Deen on earth... Wassalamu Alaikum.
Answer:
Walaikum Assalam wa Rahmatullahi wa Barakatuhu,
There are particles in the language that indicate Ta'leel (causality/rationale) by their linguistic placement (wad’), i.e., by their explicit expression (mantuq), such as the Lam and Kay. As for the Lam, it is as in the saying of Allah (swt):
لِئَلاَّ يَكُونَ لِلنَّاسِ عَلَى اللَّهِ حُجَّةٌ بَعْدَ الرُّسُلِ
"So that mankind will have no argument against Allah after the messengers." (QS. An-Nisa [4]: 165)
As for Kay, it is like the saying of Allah (swt):
كَيْ لا يَكُونَ دُولَةً بَيْنَ الأَغْنِيَاءِ مِنْكُمْ
"So that it will not be a perpetual distribution among the rich from among you." (QS. Al-Hashr [59]: 7)
There are other particles that do not indicate Ta'leel by linguistic placement, i.e., by their mantuq, but rather by their implication (mafhum), meaning by the necessity of what they denote. Among these particles is the Fa. It does not indicate Ta'leel by its mantuq or linguistic placement, as the Arabs did not place it for Ta'leel. Rather, it comes as a conjunction for grouping, or for sequence (tarteeb), or for immediacy (fawr), or for linguistic causality (sababiyyah) that implies Ta'leel through mafhum, or for linguistic causality that implies the Sabab (cause) through mafhum.
As for its occurrence as a conjunction for grouping, sequence, or immediacy, there is no ambiguity in understanding it. However, the problem arises when it occurs for causality and consequence (ta’qeeb), meaning that what follows it is caused by what preceded it. In other words, it is a consequence of what preceded it. Here, ambiguity occurs in determining whether it is for the Sabab or for the ‘Illah, naturally in the technical sense used in Usul al-Fiqh.
To distinguish between them, there are characteristics for the ‘Illah and characteristics for the Sabab. One looks at the concept (mafhum) resulting from the use of the Fa, i.e., the necessity of its meaning. If the characteristics of the ‘Illah apply to it, then it indicates Ta'leel. If the characteristics of the Sabab apply to it, then it only indicates the Sabab.
To avoid delving into the characteristics of the ‘Illah and the Sabab and the differences between them—which is a multifaceted subject—we will suffice with a simple difference that can be examined to know if the Fa has indicated Ta'leel or Sabab through its mafhum. This difference is the "accompaniment of the ruling to the matter" (musahabat al-hukm lil-mas’alah). If there is accompaniment between the matter and the ruling, then the Fa indicates the ‘Illah. If the matter occurs before the ruling, i.e., preceding it and not accompanying it, then the Fa indicates the Sabab.
In light of this, your question regarding the ambiguity of the difference between "You have command over yourself, so choose" and:
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ
"The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes." (QS. An-Nur [24]: 2)
Before beginning, I will clarify the meaning of "You have command over yourself, so choose." This phrase is found in several books of Usul such as Al-Ihkam fi Usul al-Ahkam by Al-Amidi, and Fath al-Qadeer by Kamal bin Muhammad, known as Ibn al-Humam. It is, according to the method of the scholars of Usul, a reference to the Hadith of the Messenger of Allah (saw) giving Barirah the choice. She was married to a slave, and when she was manumitted and became free, the Messenger of Allah (saw) gave her the choice to continue with her husband or not, because she had become free and thus possessed the choice over her affair. The Hadith is narrated by Bukhari and Muslim.
Bukhari narrated from Aisha (ra) who said: "I bought Barirah... then I manumitted her. The Prophet (saw) called her:
«فَخَيَّرَهَا مِنْ زَوْجِهَا، فَقَالَتْ: لَوْ أَعْطَانِي كَذَا وَكَذَا مَا ثَبَتُّ عِنْدَهُ، فَاخْتَارَتْ نَفْسَهَا»
'So he gave her the choice regarding her husband, and she said: 'If he were to give me such and such, I would not stay with him,' so she chose herself.'"
Muslim also narrated from Aisha (ra) that she bought Barirah from some people of the Ansar...
«وَخَيَّرَهَا رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَكَانَ زَوْجُهَا عَبْدًا»
"And the Messenger of Allah (saw) gave her the choice, and her husband was a slave."
Now, after the meaning of the first example has become clear—and naturally, the meaning of the second example is clear—let us look at the two examples:
Look at the first example: He arranged the choice based on the ownership of oneself. As soon as she was freed, she owned the right of choice in her affair; thus, it is accompanying the ruling: she was freed, so she owned the right of choice immediately. Therefore, we say that the Fa here indicated Ta'leel due to the accompaniment of the ruling to the matter, which is a characteristic of the ‘Illah.
As for the second example, fornication does not accompany the lashing; rather, it precedes it. For this reason, we say the Fa indicated the Sabab because the matter precedes the ruling; fornication precedes the lashing. This is the case with every Sabab. For example, the Hadith narrated by Al-Bayhaqi in Al-Sunan al-Kubra from Khabbab bin al-Aratt who said: "We complained to the Messenger of Allah (saw) about the heat of the ground, but he did not relieve us and said:
«إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا»
'When the sun has passed its zenith, then pray.'"
Here, the Fa indicates the Sabab, meaning that the sun passing its zenith is the cause for the prayer. It is clear from this that the passing of the zenith precedes the prayer.
Accordingly, if one is confused about the indication of the Fa—whether it implies the ‘Illah or the Sabab through its mafhum—let him look at the accompaniment of the ruling to the matter. If it accompanies it, then it is an ‘Illah; if it occurs after it, then it is a Sabab. Naturally, this pertains to the decision regarding the indication of the Fa specifically, and not to other types of ‘Illah.
Your brother, Ata Bin Khalil Abu al-Rashtah
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