الحكم
كلمة (الحَكَم) في اللغة صفة مشبهة على وزن (فَعَل) كـ (بَطَل) وهي من...
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.