LessonsLegal Impediments: Formation, Completion, Commencement and ContinuationQuiz

ومانع يمنع ابتداء الحكم
An impediment preventing the initial commencement of a ruling.

At this stage the legal basis is recognized, but a further legal factor blocks the intended effect from taking immediate operation. This is different from a nonconstituted or incomplete operative cause.

The central question becomes: assuming the relevant contractual or legal basis exists, what additional right or circumstance prevents the expected legal effect from beginning now? The source illustrates this with an option stipulated in a sale and the continuing prayer time of an excused person.

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Third: preventing a ruling from commencing

Legal Impediments: Formation, Completion, Commencement and Continuation

ومانع يمنع ابتداء الحكم
An impediment preventing the initial commencement of a ruling.

At this stage the legal basis is recognized, but a further legal factor blocks the intended effect from taking immediate operation. This is different from a nonconstituted or incomplete operative cause.

The central question becomes: assuming the relevant contractual or legal basis exists, what additional right or circumstance prevents the expected legal effect from beginning now? The source illustrates this with an option stipulated in a sale and the continuing prayer time of an excused person.