Sunday 28 February 2010

Textual Evidence supporting Freedom when there is doubt (1)

We are currently trying to understand the meaning of the verse is Surah Talaq (65), verse 7:

“Allah does not task any soul except [according to] what He has given it.”
(لا يكلف الله نفسا إلا ما آتاها)

This is a tafsir discussion, and we are focussing on the meaning of "what" in this verse. Is it:

Option 1: money/property (due to the context of the verse)
Option 2: any action
Option 3: any duty.

The ramifications of this are very wide ranging, as if it is any duty (as Shaykh Ansari claims), then the principle of baraa`a (as discussed in previous blogs i.e. that you are free to do what you want when you get a rule on which there is doubt) is confirmed.

However, although Shaykh Ansari uses the idea of Itlaq (as explained in the previous blog) to say that as there is no indication that any of these options is true, all must be true. There are some arguments against this idea:

The first argument against this point of view is a grammatical and very technical one, which I advise those not interested to ignore: in summary, the first two options are different to the third option grammatically (the first two are direct objects, whereas the third is an absolute object). Therefore, all three cannot all be used. However, this is seen as a weak point because the word can be considered a direct object here rather than an absolute object. [A possible argument that one could use تكليف or وجوب – but they are synonymous and therefore, still absolute objects]


The next question is whether the many narrations (these will be discussed later), which mentions the obligation of ihtiyat, are considered to be more applicable than this verse of the Qur`an. This is because the verse says that if it is not known what the duty is, then there is no punishment. However, these narrations, say that Allah informs you of the obligation of ihtiyat. Therefore, the verse is not applicable, as the duty is known to be ihtiyat.

This argument is similar to the situation where we have the principle that everything is tahir until you know it is najis. Then if someone comes and tells you that something is najis, does the principle still hold? Obviously not – and that is the argument here. Please ask if this is not clear and I can try and clarify further.


The answer to whether the verse of the Qur`an takes priority can be understood dependent on the meaning of the verse:

1. نفي السببية: “Allah does not punish someone due to the impermissibility of an action, as long as it is not known”. With this meaning, what is mentioned above is correct, and ihtiyat is applicable. This is because the ihtiyat is the known obligation.


2. نفي الموردية: “Allah does not punish someone when considering an impermissible action as long as it is not known but the individual is completely free in the aforementioned action”. In this case, where the verse intends actual freedom for the individual in the action, as long as it is unknown, whereas the narrations intend ihtiyat (precaution). In this case, there is clear contradiction between the two, and therefore the verse takes precedence.


The question though, is which of the two above is correct. Shahid al-Sadr considers the second one to be true because this makes sense in the context of the verse (the correct meaning is clear that Allah does not task an individual in financial matters other than what is possible for the individual to pay).

Therefore, Shahid al-Sadr backs up Shaykh Ansari that Itlaq is applicable. In the next blog, we will try and look at one more argument against Shaykh Ansari's view and how Shahid al-Sadr counters it.

Regardless, it does seem that the topic is getting a bit dry and not as interesting to most readers so following the next blog, I will move onto another potentially more interesting topic - and that is what is the basis for fiqh relying on khabar wahid i.e. traditions that come through one/few strong chains of narrations (but not enough to make you be certain of its authenticity), whilst there is a general view that you should not act based on anything other than certainty!

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