Bayaan

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  • Bayaan - Explanation & Exposition
    • Bayaan-e-TAQREER
      • The further explanation of a sentence already apparent in meaning
        • e.g. With me is a 1000 belonging to so and so- as a trust. "AS A TRUST"
          • Bayaan is accepted MOWSOOLAN & MAFSOOLAN
    • Bayaan-e-TAFSEER
      • Explanatory information that claries the original statement
        • e.g. I owe so and so something - a cloth. "A CLOTH"
          • Bayaan is accepted MOWSOOLAN (if said immediately after) & MAFSOOLAN (if said after some time)
    • Bayaan-e- TAGHYEEYR
      • An explanation which clarifies the previous sentence - changing its original meaning
        • Done through TA'LEEQ or
          • Ahnaaf
            • Shart is only applied when the condition is fulfilled not before it
            • Absence of shart means Absence of that Hukm - but it may be made possible through other daleels
          • Shawaafi'
            • Shart is applied immediately however if the condition is not there it will stop it from taking effect
            • Absence of Shart means reverse of hukm
        • ISTITHNAA
          • Ahnaaf
            • Legally we consider the mustathna minhu (what we take the exception from) not present - only the exception is obligatory.
              • PURPOSE OF THE STATEMENT WAS THE MUSTATHNA
          • Shawaafi'
            • Legally the mustathna minhu existed upon the person, and once exception is made that stops the first hukm
              • THE PURPOSE OF THE STATEMENT WAS THE MUSTHANA MINHU
        • It is only accepted MOWSOLAN not Mafsoolan
    • Bayaan-e-DHAROORA
      • An Explanation understood through what the sentence necessitates - but is not present in the sentence
        • e.g. "I divorce one of my two wives" - he then sleeps with one that night - this is an explanation that necessitates the other must be divorced.
    • Bayaan-e- HAAL
      • Silence which is taken as an explanation due to the haal of the speaker
        • The Silence of Nabi saw is taken as tacit approval as he was under the haal of the quranic verse "He commands good and stops from evil".
    • Bayaan-e- A'TAF
      • An explanation that occurs due to a'taf
        • 1. The MATOOF is a SINGLE NUMBER in VOLUME/ WEIGHT. and explains the MATOOF ALAY which is a compound number
          • I owe him 100 and a dirham = 101. I owe him 100 and a cup of wheat = 101 cups.
        • 2. The MATOOF is NUMBER and has a MADOOD (volume/ weight/ anything) which explains it and so explains the MATOOF ALAY
          • I owe him 100 and 3 clothes = 103 clothes. - 100 is matoof alay (adad Murakkab). 3 is the Matoof (an adad) and clothes is Ma'dood (ithus the bayaan)
        • 3. The MATOOF is a MA'DOOD which cannot be weighed nor measured as goods are not standard and the MATOOF ALAY a compound number.
          • IAH + IM = doesnt explain the ma'toof alay. IAY = does explain
            • I owe him 100 and a goat. IAY = 101 goats. IAH+IM = 100 needs to be explained further.
    • Bayaan-e-TABDEEL
      • An Explanation which absolutely changes the original statement rendering the original mansookh.
        • HUKM: Naskh does not exist in shariah anymore and bayaan-e-tabdeel is not legally allowed whether there is a pause or not
        • 1. Istithnaa of kul from kull e.g. I owe him 1000 minus a 1000 - legally baatil as trying to completely change statement
        • 2. Taking back of a Talaaq/ Iqraar/ Oath is not allowed.
  • In the Quraan it says: Whoever does not have the ability to marry a believing free woman then marry a believing slave girl
    • IS - If the shart is present (no ability) then hukm applied (may marry slave) However if Shart is absent (you do have ability) then the Hukm is reversed (you may not marry slave)
    • IAH - Absence of Shart here (have ability) means in this case absence of hukm alone (marry free women) It does not lead to reversal. However further daleel of another verse - Marry from the women whoever you like, allows for choice.
  • Do not trade food for food except for equal for equal
    • IS - Thus legally it is - do not trade any food for other food - THIS IS THE PURPOSE OF THE STATEMENT.And the exception stopped the hukm ONLY for equal to equal. So even a handful of a food cannot be traded for 2 handfuls of food.
    • IAH - Purpose of the statement is that trading equal food for equal food is allowed - prohibition being on foods that can be measured on equality , thus trading a handful of food for 2 handfuls is allowed.

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