LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

First method: connection of a legal cause with its ruling, allowing a two-way basis for transfer, as illustrated by purchase and ownership.

Second method: connection of a mere means with a ruling, allowing the original expression for the derivative meaning but not necessarily the reverse, as illustrated by emancipation and divorce or certain contract expressions.

Final interpretation: even after a possible metaphor is established, the legal subject, literal possibility, context, custom, and intention determine its operation. A unique transferred meaning may be fixed by context; multiple plausible senses require further identification.

The next distinct subject is ṣarīḥ and kināyah: explicit expressions and allusive expressions, with particular attention to the role of intention.

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Concluding synthesis of istiʿārah

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

First method: connection of a legal cause with its ruling, allowing a two-way basis for transfer, as illustrated by purchase and ownership.

Second method: connection of a mere means with a ruling, allowing the original expression for the derivative meaning but not necessarily the reverse, as illustrated by emancipation and divorce or certain contract expressions.

Final interpretation: even after a possible metaphor is established, the legal subject, literal possibility, context, custom, and intention determine its operation. A unique transferred meaning may be fixed by context; multiple plausible senses require further identification.

The next distinct subject is ṣarīḥ and kināyah: explicit expressions and allusive expressions, with particular attention to the role of intention.