‫ﺍﻟﻤﻁﻠﻕ ﻭﺍﻟﻤﻘﻴﺩ‬

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) ⟨ $¢™!$yϑtFtƒ βr& È≅ö6s% ⎯ÏiΒ 7πt7s%u‘ ãƒÌóstGsù (#θä9$s% $yϑÏ9 tβρߊθãètƒ §ΝèO öΝÍκÉ″!$|¡ÎpΣ ⎯ÏΒ tβρãÎγ≈sàムt⎦⎪Ï%©!$#uρ ® (3 ‫)المجادلة‬ Those who put away their wives (by saying they are as their mothers) and afterward would go back on what they have said, (the penalty) in that case (is) the freeing of a slave before they touch one another. 58:3 “a slave” is mutlaq. e.g. 2) the command form of a verb (195 ‫ ∪∈®⊇∩ ⟨ )البقرة‬t⎦⎫ÏΖÅ¡ósßϑø9$# =Ïtä† ©!$# ¨βÎ) #þθãΖÅ¡ômr&uρ ® …[A]nd do good. Indeed, Allah loves the doers of good. 3. Difference between 'aam and mutlaq: 'aam applies to all the 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. ⟨ 7πoΨÏΒ÷σ•Β 7πt7s%u‘ ãƒÌóstGsù $\↔sÜyz $·ΨÏΒ÷σãΒ Ÿ≅tFs% ⎯tΒuρ ® He who has killed a believer by mistake must set free a believing slave. 4:92 Note: The qualification of slavery by belief still leaves it unrestricted in areas outside the qualification; so it would be valid to free a female slave as well as a male slave. II. Rule: Compliance with a mutlaq command is achieved if one applied the rule to any member of the set without restriction. This is consistent with the principle of baraa’at ath-thimmah. Compliance with the muqayyad will only be accomplished by observing the restrictions indicated by the qualifications added to the mutlaq. III. The working relationship between the mutlaq and muqayyad. A. Different sabab and hukm: The mutlaq is not restricted by the muqayyad (a matter of consensus) (38 ‫ ⟨ )المائدة‬$yϑßγtƒÏ‰÷ƒr& (#þθãèsÜø%$$sù èπs%Í‘$¡¡9$#uρ ä−Í‘$¡¡9$#uρ ® As for the thief, both male and female, cut off their hands. 5:38 ⟨ È,Ïù#tyϑø9$# ’n<Î) Νä3tƒÏ‰÷ƒr&uρ öΝä3yδθã_ãρ (#θè=Å¡øî$$sù Íο4θn=¢Á9$# ’n<Î) óΟçFôϑè% #sŒÎ) (#þθãΨtΒ#u™ š⎥⎪Ï%©!$# $pκš‰r'¯≈tƒ ® (6 ‫)المائدة‬ 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) (89 ‫ ⟨ )المائدة‬5Θ$−ƒr& ÏπsW≈n=rO ãΠ$u‹ÅÁsù ô‰Ågs† óΟ©9 ⎯yϑsù ® 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 ‫ﻓﺼﻴﺎﻡ ﺜﻼﺜﺔ ﺃﻴﺎﻡ ﻤﺘﺘﺎﺒﻌﺎﺕ‬ “…three days of consecutive fasting.” (173 ‫ ⟨ )البقرة‬... tΠ¤$!$#uρ sπtGøŠyϑø9$# ãΝà6ø‹n=tæ tΠ§ym $yϑ¯ΡÎ) ® He has forbidden you only carrion, and blood…2:173 %·nθàó¡¨Β $YΒyŠ ÷ρr& ºπtGøŠtΒ šχθä3tƒ βr& HωÎ) ÿ…çμßϑyèôÜtƒ 5ΟÏã$sÛ 4’n?tã $·Β§ptèΧ ¥’n<Î) z©Çrρé& !$tΒ ’Îû ߉É`r& Hω ≅è% ® (145 ‫⟨ )األنعام‬ 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) ⟨ 7πoΨÏΒ÷σ•Β 7πt7s%u‘ ãƒÌóstGsù $\↔sÜyz $·ΨÏΒ÷σãΒ Ÿ≅tFs% ⎯tΒuρ ® Whoever killed a believer by mistake must set free a believing slave. 4:92 ⟨ $¢™!$yϑtFtƒ βr& È≅ö6s% ⎯ÏiΒ π7 t7s%u‘ ãƒÌóstGsù (#θä9$s% $yϑÏ9 tβρߊθãètƒ §ΝèO öΝÍκÉ″!$|¡ÎpΣ ⎯ÏΒ tβρãÎγ≈sàムt⎦⎪Ï%©!$#uρ ® (3 ‫)المجادلة‬ Those who put away their wives (by saying they are as their mothers) and afterward would go back on what they have said, (the penalty) in that case (is) the freeing of a slave before they touch one another. 58:3 D. Same sabab, different hukm: The mutlaq is not restricted by the muqayyad (disputed) Example 1: ⟨ È,Ïù#tyϑø9$# ’n<Î) öΝä3tƒÏ‰÷ƒr&uρ öΝä3yδθã_ãρ (#θè=Å¡øî$$sù Íο4θn=¢Á9$# ’n<Î) óΟçFôϑè% #sŒÎ) (#þθãΨtΒ#u™ š⎥⎪Ï%©!$# $pκš‰r'¯≈tƒ ® (6 ‫)المائدة‬ O you who believe! When you rise up for prayer, wash your faces, and your hands up to the elbows…5:6 (6 ‫ ⟨ )المائدة‬çμ÷ΨÏiΒ Νä3ƒÏ‰÷ƒr&uρ öΝà6Ïδθã_âθÎ/ (#θßs|¡øΒ$$sù $Y6ÍhŠsÛ #Y‰‹Ïè|¹ (#θßϑ£ϑu‹tFùs ® And if you are sick or on a journey, or one of you comes from the bathroom, or you have had 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, «‫ﻙ َﺃﻥْ ﹶﺘﺼْ ﹶﻨﻊَ َﻫ ﹶﻜﺫﹶﺍ‬ َ ‫ﻥ َﻴﻜﹾﻔِﻴ‬ َ ‫»ِﺇ ﱠﻨﻤَﺎ ﻜﹶﺎ‬ ‘It would have been enough for you to do like this.’ ‫ﺢ‬ َ‫ﺴ‬ َ ‫ﺸﻤَﺎ ِﻟ ِﻪ ﺒﹺ ﹶﻜ ﱢﻔﻪِ ﹸﺜ ﱠﻡ َﻤ‬ ِ َ‫ﻅﻬْﺭ‬ ‫ﺸﻤَﺎ ِﻟ ِﻪ َﺃﻭْ ﹶ‬ ِ ‫ﻅﻬْﺭَ ﹶﻜ ﱢﻔﻪِ ﹺﺒ‬ ‫ﺢ ﹺﺒ ﹺﻬﻤَﺎ ﹶ‬ َ‫ﺴ‬ َ ‫ﻀﻬَﺎ ﹸﺜﻡﱠ َﻤ‬ َ ‫ﺽ ﹸﺜﻡﱠ ﹶﻨ ﹶﻔ‬ ‫ﻋﻠﹶﻰ ﺍﻟﹾ َﺄﺭْ ﹺ‬ َ ‫ﻀﺭْ َﺒ ﹰﺔ‬ َ ‫ﹶﻓﻀَﺭَﺏَ ﹺﺒ ﹶﻜ ﱢﻔ ِﻪ‬ .‫ﹺﺒ ﹺﻬﻤَﺎ َﻭﺠْ َﻬ ُﻪ‬

‫ َﻭ َﻭﺠْ َﻬ ُﻪ‬،ِ‫ َﻭﻅﹶﺎ ِﻫ َﺭ ﹶﻜ ﱠﻔﻴْﻪ‬،‫ﻋﻠﹶﻰ ﺍﻟﹾ َﻴﻤِﻴﻥﹺ‬ َ ‫ﺸﻤَﺎ َل‬ ‫ﺢ ﺍﻟ ﱢ‬ َ‫ﺴ‬ َ ‫ﹸﺜﻡﱠ َﻤ‬ 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: t ⎫GnÏ ™ ⎦ Å Πã $èy Û ô *Î ùs ì ô Ü Ï tG¡ ó „o Ο ó 9© ⎯yϑùs ( $™ ¢ $! ϑ y Ft ƒt β&r ≅ È 6ö %s ⎯ΒÏ ⎦ È ⎫÷ èy /Î $tGFt Βã ⎦ È ⎪ø t ηö © x Πã $‹u Á Å ùs ‰ ô gÅ † s Ο ó 9© ⎯ϑ y ùs ® (4 ‫ ⟨ )المجادلة‬$ΖY Š3 Å ¡ ó ΒÏ 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: 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Ï≈s3ø9$# He who calls on any other god along with Allah that he has no proof for, his reckoning is only with his Lord. Indeed, disbelievers will not be successful. 23:117 This does not imply that one may call on another god that one has proofs for. Alternate trans: He who cries to any other god along with Allah has no proof thereof. His reckoning is only with his Lord. Indeed, disbelievers will not be successful. 23:117 ©ÉL≈©9$# ãΝä3Í←!$|¡ÎpΣ ⎯ÏiΒ Νà2Í‘θàfãm ’Îû ©ÉL≈©9$# ãΝà6ç6Íׯ≈t/u‘uρ … öΝä3è?$oΨt/uρ öΝä3çG≈yγ¨Βé& öΝà6ø‹n=tã ôMtΒÌhãm ® (23 ‫ … ⟨ )النساء‬öΝà6ø‹n=tæ yy$oΨã_ Ÿξsù  ∅ÎγÎ/ ΟçFù=yzyŠ (#θçΡθä3s? öΝ©9 βÎ*sù £⎯ÎγÎ/ ΟçFù=yzyŠ

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 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, according to the vast majority of scholars. It is simply mentioned because it is the norm.