Bayan: Necessary Clarification

Allamah Abu Barakat Nasafi in Manar outlines five approaches to clarify statement: affirm (taqrir), explain (tafsir), modify (taghyir), imply (darurat) and replace (tabdil). Here we present Allamah Nasafi's explanation of necessary clarification whereby he outlines when an implied non-uttered thought will be treated as an uttered statement. Allm. Nasafi writes:

أو بيان ضرورة وهونوع بيان يقع بما لم يوضع له
وهو إما أن يكون في حكم المنطوق كقوله تعالي وورثه أبواه فلامه الثلث --
أو ثبت بدلالة حال المتكلم كسكوت صاحب الشرع عند أمر يعاينه عن التغيير --
أو ثبت ضرورة دفع الغرور كسكوت المولي حين رأي عبده يبيع ويشتري --
أو ثبت ضرورة كثرة الكلام كقوله عليّ مائة ودرهم --

Clarification by way of necessity is a type of clarification which occurs on aspects which are not [normally] specified. 1

[The unstated clarification] may be deemed to be equivalent to that which is uttered. For instance, Allah stating, 'Both the parents will inherit and for the mother is a third'2 .

[The unstated clarification] may be proven by the state of the speaker. For example the silence of the lawgiver3 on a matter in their presence [which entails] modification [of their statement or rule].4

[The unstated clarification] may be proven due to the need to remove misunderstanding. For example, the silence of the master when he sees his slaving buying and selling. 5

[The unstated clarification] may be proven due to the need [to minimise] excessive speech. For example, the statement, 'I owe a hundred and a dirham'.6

• 1Aspects of a sentence which normally is omitted because it necessarily is inferred without stating.
• 2Here the share of the father is not expressly uttered. The mother is stated to inherit a third and so it is inferred that the remainder will be given to the father. Hence, although the ayat is silent on the father share, it is deemed that Allah Almighty has stated the share of the father as the remainder (asabah) by mentioning the mother's share.
• 3viz the Prophet (peace be upon him)
• 4These are laws which are proven through tacit approval. For example, market practices prevalent in the Prophet's time such as mudarabah and musharakah to which the Prophet did not object.
• 5In such a case, it is deemed as if the slave has verbal approval of trading on behalf of the master. Imam Zufar disagrees.
• 6The literal reading would suggest the person owes only one dirhams and a hundred of something. Whereas in reality it means the person owes 101 dirhams as that is what is normally understood. It is common to shorten words in this manner.