والمجاز قبل أن يصير متعارفاً بمنزلة الكناية
A figurative usage before becoming customary is treated like allusion.
Where the figurative sense of a word is not yet recognized in ordinary usage, the words alone do not identify which transferred meaning was intended. Such usage resembles kināyah and depends on additional evidence.
If a figurative usage becomes established and familiar enough to communicate one meaning directly, customary language may affect its legal classification. The significant feature is whether the intended sense has become apparent.