waiving (الإبْرَاءُ)
الفقه أصول الفقه
التعريف :
To waive or write off what one is owed by another person, or to pass its ownership over to him.
المعنى الاصطلاحي :
Absolving a person from a due debt or an obligation.
الشرح المختصر :
"Ibrā‘" (absolving of liability) means waiving one's right that is obligatory upon another person to fulfill, whether this right is financial, such as a loan or personal, such as retaliation. "Ibrā‘" is divided into two categories: 1. "Ibrā‘ al-isqāt", or absolving of liability, which is meant by the term here. 2. "Ibrā‘ al-isteefā‘", or declaring that one has received his full right that was owed by another person. This kind of "ibrā’" is discussed under the topic: Acknowledgements. There is another classification of "ibrā‘" in terms of generality and specificity: 1. General, which means totally absolving a person of all properties, debts, and rights. 2. Specific, such as absolving a person of a specific debt connected to a specific house.
التعريف اللغوي المختصر :
"Ibrā’": relieving or absolving, as in absolving someone from debt or obligation. Derived from "bur’", which means cutting or cessation. Other meanings: safety and recovery.