integral part (التَّابِع)

integral part (التَّابِع)


الحديث أصول الفقه

التعريف :


Something that is inseparable from another. For example, if a garden is sold, its trees are a part of the sale, because they are an integral part of the garden.

المعنى الاصطلاحي :


Anything that cannot exist independently of its source or origin.

الشرح المختصر :


"Tābi‘" (integral part) is something that is always attached to its source and is therefore given the same ruling as its source because it cannot exist independently. In other words, it is something that cannot be given a ruling different from its source because it is never found independent from it and constitutes part of it or is like a part of it. In this case, it cannot be treated as a separate entity in contracts. For example, an animal fetus in the womb of its mother cannot be sold independent of its mother. In addition, slaughtering the mother would also be considered as valid slaughtering of the fetus because the fetus is a "tābi‘" to its mother.

التعريف اللغوي المختصر :


"Tābi‘": what follows and comes after something else.