LessonsDegrees of Indication: Ẓāhir, Naṣṣ, Mufassar, Muḥkam and Obscure ExpressionsQuiz

مَنْ مَلَكَ ذَا رَحِمٍ مَحْرَمٍ مِنْهُ عَتَقَ عَلَيْهِ
Whoever acquires ownership of a close, permanently unmarriageable relative thereby emancipates that relative.

The acquisition of ownership is introduced as a condition, while emancipation is the legal consequence. The passage is particularly explicit about the consequence; ownership is mentioned as its condition.

This example shows that the presence of a word in a statement does not settle which legal point is naṣṣ. The text’s principal purpose and the relation of condition to consequence must be distinguished.

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Ownership of a close relative and emancipation

Degrees of Indication: Ẓāhir, Naṣṣ, Mufassar, Muḥkam and Obscure Expressions

مَنْ مَلَكَ ذَا رَحِمٍ مَحْرَمٍ مِنْهُ عَتَقَ عَلَيْهِ
Whoever acquires ownership of a close, permanently unmarriageable relative thereby emancipates that relative.

The acquisition of ownership is introduced as a condition, while emancipation is the legal consequence. The passage is particularly explicit about the consequence; ownership is mentioned as its condition.

This example shows that the presence of a word in a statement does not settle which legal point is naṣṣ. The text’s principal purpose and the relation of condition to consequence must be distinguished.