Original non-liability (بَرَاءَةٌ أَصْلِيَّةٌ)

Original non-liability (بَرَاءَةٌ أَصْلِيَّةٌ)


أصول الفقه

المعنى الاصطلاحي :


Non-obligation of man to fulfill religious obligations and financial duties until evidence from the Shariah is established to this effect.

الشرح المختصر :


"Baraa'ah asliyyah" (original non-liability) is a type of "istis-haab" (presumption of continuity). It means that the person is originally not obliged to perform acts of worship or transactions or fulfill financial duties toward others unless there is evidence for that from Shariah. This evidence transforms one's original status, since every person is born with an "baraa'ah asliyyah". For example, it is not obligatory to observe a sixth prayer or to fast the month of Sha`baan. Similarly, a person is originally free from debts to others.