necessarily-understood (بَيَانُ الضَّرُورَة)

أصول الفقه

التعريف :

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What occurs through something other than what the words originally mean, but is necessarily implied. This is a type of statement, according to Ḥanafī scholars, and it has four types: 1) what is treated as if it is clearly stated, as in the Qur'anic verse: ‘if he leaves no children, and his parents be his heirs, then his mother shall have one-third’ (4: 11) this indicates that the remainder goes to the deceased’s father; 2) what is clearly indicated by the condition of the speaker, as in a case where the prophet (peace be upon him) remains silent when something is said in his presence. It indicates that it is true; 3) what is implied by the necessity of removing uncertainty, such as the owner remaining silent when his agent concludes a sale in his presence. It implies that he had given the agent permission; and 4) what is implied by the meaning of the words, such as someone says: ‘i owe him one hundred dirhams and two. This indicates that the two are also dirhams.