LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

ولو قال لأمته: «طلقتك» ونوى به التحرير لا يصح
If someone addresses an enslaved woman using “I divorced you,” intending emancipation, this attempted meaning is not accepted in the stated example.

The earlier case borrowed the term for the original (emancipation) to express a derivative effect (divorce). This reverse case tries to use the derivative term to effect the original legal outcome. That movement is not licensed by this particular mere-means relationship.

A valid metaphor between related legal matters is therefore not necessarily reciprocal.

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Why the reverse expression fails

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

ولو قال لأمته: «طلقتك» ونوى به التحرير لا يصح
If someone addresses an enslaved woman using “I divorced you,” intending emancipation, this attempted meaning is not accepted in the stated example.

The earlier case borrowed the term for the original (emancipation) to express a derivative effect (divorce). This reverse case tries to use the derivative term to effect the original legal outcome. That movement is not licensed by this particular mere-means relationship.

A valid metaphor between related legal matters is therefore not necessarily reciprocal.