والخامس: قد تترك الحقيقة بدلالة محلّ الكلام بأن كان المحل لا يقبل حقيقة اللفظ
Fifth, literal meaning is set aside because the subject matter cannot bear the literal effect of the words.
This analysis asks whether the person or thing to which a statement is applied can legally or rationally receive its literal operation. Where it cannot, the legally recognized figurative meaning may become relevant.
For instance, a free person cannot literally become the object of a sale transferring ownership of the person. Nonetheless, particular legal formulations may operate toward a marriage contract under the appropriate conditions.
Custom restricts meaning through established usage; here the decisive point is the legal or conceptual capacity of the thing being discussed.