objection by intransitive ratio legis (الْمُعَارَضَةُ بِمَعْنَى لَا يَتَعَدَّى)

objection by intransitive ratio legis (الْمُعَارَضَةُ بِمَعْنَى لَا يَتَعَدَّى)


أصول الفقه

التعريف :


That the questioner mentions another cause of the case cited for analogy which does not exist in the case being compared, and to attach the ruling to this cause, thus he objects to the cause of the one who responds. This is a type of objection to the original case according to the Ḥanafī school, but it is an invalid type, because the ruling may have two causes.