LessonsModes of Clarification: Necessity, Circumstance, Conjunction and ReplacementQuiz

«لفلان علي ألف قرض، أو عن البيع، وقال: وهي زيوف»
“I owe so-and-so one thousand as a loan or from a sale, and I say: they are defective coins.”

Zuyuf denotes coins deficient relative to the relevant standard currency. After admitting a thousand-unit debt, the speaker adds a qualification affecting the quality of the money owed. Is the qualification a valid connected modification, or an impermissible replacement of the established legal liability?

The two companions treat the qualification as taghyir that can operate when connected to the original speech. Abu Hanifa treats it as tabdil, and therefore does not accept it even when immediately connected.

Their disagreement concerns the relation of the qualification to the prior admission's legal effect, not a merely stylistic distinction in wording.

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Defective coinage and the dispute over modification

Modes of Clarification: Necessity, Circumstance, Conjunction and Replacement

«لفلان علي ألف قرض، أو عن البيع، وقال: وهي زيوف»
“I owe so-and-so one thousand as a loan or from a sale, and I say: they are defective coins.”

Zuyuf denotes coins deficient relative to the relevant standard currency. After admitting a thousand-unit debt, the speaker adds a qualification affecting the quality of the money owed. Is the qualification a valid connected modification, or an impermissible replacement of the established legal liability?

The two companions treat the qualification as taghyir that can operate when connected to the original speech. Abu Hanifa treats it as tabdil, and therefore does not accept it even when immediately connected.

Their disagreement concerns the relation of the qualification to the prior admission's legal effect, not a merely stylistic distinction in wording.