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B6 · باب بيان معاني الحروف المستعملة في الفقه · Particles have literal and figurative senses like nouns; many furūʿ are built on them (v1/200–236)

1. B6.01 · الواو · Wāw joins without implying order or simultaneity (v1/200–202)
2. B6.02 · الواو في التعليق والتنجيز · ⚑ "If you enter, you are divorced and divorced and divorced" (not yet consummated): Abū Ḥanīfa one, the Ṣāḥibān three; what comes later can change what came first (v1/202–205)
3. B6.03 · الواو بين الجملتين وواو الحال · Wāw between two complete sentences still joins; wāw of state; ⚑ "divorce me and you get 1,000" (v1/205–207)
4. B6.04 · الفاء · Fāʾ gives immediate sequence; it can also introduce a lasting cause (v1/207–209)
5. B6.05 · ثم · ⚑ Thumma is sequence with delay: for Abū Ḥanīfa as if he fell silent and started again; for the Ṣāḥibān, delay in the ruling only (v1/209–210)
6. B6.06 · بل · Bal corrects an error by putting the second in place of the first; in statements it adds, in enactments it cannot retract (v1/210–211)
7. B6.07 · لكن · Lākin affirms what follows after a negation; it joins only when the speech hangs together (v1/211–212)
8. B6.08 · أو · Aw covers one of the things named; it gives choice in enactments, and doubt arises in reports from the context, not the word (v1/213–218)
9. B6.09 · حتى · Ḥattā marks a limit; it can mean "so that", or plain conjunction (v1/218–220)
10. B6.10 · إلى · Ilā ends a limit; a limit standing by itself is excluded; otherwise inclusion depends on whether the phrase already covered it (v1/220–221)
11. B6.11 · على · ʿAlā is for binding; it is used for condition, and borrowed for the bāʾ of exchange; ⚑ "divorce me three times for 1,000" (v1/221–222)
12. B6.12 · من · Min is for "some of" by coinage; it is read as filler only when needed to make the speech work (v1/222–223)
13. B6.13 · في · Fī is for container; time, place and act as container; ⚑ "divorced in (fī) tomorrow" (v1/223–225)
14. B6.14 · أسماء الظروف: مع وقبل وبعد وعند · Maʿa is togetherness, qabl before, baʿd after, ʿind presence; a pronoun turns qabl/baʿd into a description of the later noun (v1/225–227) [partly OCR-recovered]
15. B6.15 · حروف الاستثناء: إلا وغير وسوى · Illā is the literal exception; ghayr excepts or describes; siwā excepts (v1/226–227) [OCR-recovered]
16. B6.16 · الباء · Bāʾ is for attaching (ilṣāq); so it marks the price, needs a real event, and in wiping the head it does not mean "some of" (v1/227–229) [opening OCR-recovered]
17. B6.17 · حروف القسم · Bāʾ is the root of oath particles; wāw is borrowed for it, and tāʾ for wāw (v1/229–231)
18. B6.18 · حروف الشرط · In is the pure condition; ⚑ idhā: Abū Ḥanīfa, sometimes pure condition; the Ṣāḥibān, always time; matā is time; kayfa, kam, ayna (v1/231–235) [end OCR-recovered]
19. B6.19 · علامة الذكور والإناث · The masculine plural covers men and women together, but not women alone; the feminine covers women only (v1/234–235) [OCR-recovered]

B6.01 · الواو · Wāw joins without implying order or simultaneity (v1/200–202)

• Position: literal and figurative senses apply to particles as to nouns and verbs, so the particles used in fiqh must be set out. (v1/200) Wāw is for plain conjunction: «فَيكون مُوجبه الِاشْتِرَاك بَين الْمَعْطُوف والمعطوف عَلَيْهِ فِي الْخَبَر من غير أَن يَقْتَضِي مُقَارنَة أَو ترتيبا» — "so its effect is that the joined and the joined-to share in the predicate, without implying simultaneity or sequence." (v1/200) Most of the linguists hold this. (v1/200)
• Who: some of al-Shāfiʿī's followers say wāw requires sequence: «إِنَّه مُوجب للتَّرْتِيب وَقد ذكر ذَلِك الشَّافِعِي فِي أَحْكَام الْقُرْآن» — "it requires sequence; al-Shāfiʿī mentioned this in Aḥkām al-Qurʾān." Hence order is a pillar of wuḍūʾ. (v1/200)
• Proofs: (1) This is a question of language, settled by Arab usage: "Zayd and ʿAmr came to me" is true in any order. (2) "Do not eat fish and drink milk" forbids combining them; with fāʾ in place of wāw it would make no sense. (3) "If you enter the house and you are divorced" divorces at once; if wāw meant order it would act like fāʾ. (4) Each particle was coined for its own meaning: fāʾ for immediate sequence, thumma for delayed sequence, maʿa for togetherness. Wāw as order or togetherness would be a repetition, so it is plain conjunction, like "human" before its kinds. (v1/200–201)
• Objection → Reply: their texts. Wuḍūʾ: the verse gives washing and wiping only; order comes from the Prophet's practice and is for completeness. "Bow and prostrate": the texts conflict (Q 3:43 puts prostration first); the order comes from bowing being a step to prostration. Ṣafā and Marwa: the verse only says they are among God's signs; "begin with what God began with" was said to make it easy to grasp, since starting with something shows extra concern. So our scholars start with whatever the testator named first, where pious bequests exceed the disposable third and are equal in binding rank. (v1/201–202)
• Who: some of our shaykhs say Abū Ḥanīfa reads wāw as sequence and the Ṣāḥibān as togetherness. Sarakhsī: «وَهَذَا غلط فَلَا خلاف بَين أَصْحَابنَا أَن الْوَاو للْعَطْف مُطلقًا» — "This is a mistake: there is no disagreement among our colleagues that wāw is for plain conjunction." (v1/202) Their split on the triple conditional divorce (B6.02) comes from elsewhere.

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B6.02 · الواو في التعليق والتنجيز · ⚑ "If you enter, you are divorced and divorced and divorced" (not yet consummated): Abū Ḥanīfa one, the Ṣāḥibān three; what comes later can change what came first (v1/202–205)

• Who: ⚑ said to a wife not yet consummated with, "if you enter the house you are divorced, and divorced, and divorced": Abū Ḥanīfa, one divorce; the Ṣāḥibān, three. (v1/202)
  • Ṣāḥibān: "and divorced" is an incomplete clause, so the condition is understood as repeated with it; all three hang on entering directly and fall together, as if the condition were repeated each time. What hangs is not yet a divorce; it becomes one only on reaching her. (v1/202–203)
  • Abū Ḥanīfa: the second hangs on the condition through the first, as a lamp hangs by a chain through its links, so they fall as they were hung: in sequence. She is separated by the first and the rest find no subject, as if he had said it without a condition. Sarakhsī: Abū Ḥanīfa's view is nearer the literal wording. (v1/202–203)
• Who: Mālik: three even without a condition, because wāw means togetherness; his proof is that with the condition placed after ("…and divorced, if you enter") three fall together. Sarakhsī: «وَهَذَا غلط فَإِن للقران حرفا مَوْضُوعا وَهُوَ مَعَ» — "this is an error: togetherness has a particle coined for it, namely maʿa." (v1/203) The delayed-condition case is due to another rule: «الأَصْل فِي الْكَلَام الْمَعْطُوف أَنه مَتى كَانَ فِي آخِره مَا يُغير مُوجب أَوله توقف أَوله على آخِره» — "the rule in joined speech: when its end holds something that changes the effect of its beginning, the beginning waits on the end" (as with an exception). (v1/203)
• Who: when does the first divorce fall? Abū Yūsuf, before he finishes the second; Muḥammad, when he finishes the second, since he might still add a condition or exception. Sarakhsī prefers Abū Yūsuf's view: otherwise both would fall, since she would still be a valid subject. (v1/203)
• Furūʿ test
  • Zufar: "you are divorced one and twenty" gives one. We say three, since this is one word in effect: there is no shorter way to say the number. Likewise "one and a half" gives two. (v1/204)
  • al-Jāmiʿ: two slave women married without their master's permission. If he frees both at once, both marriages stand. If he says "I free this one and this one", the first marriage stands and the second fails: «لِأَنَّهُ لَيْسَ فِي آخر كَلَامه مَا يُغير مُوجب أَوله» — "because nothing at the end of his speech changes the effect of its beginning". Once the first is free, a slave cannot be added to a free wife. (v1/204)
  • Two nursing infants married to him in two contracts, then nursed by one woman: "I ratify the marriage of this one and this one" voids both, since the end makes them sisters and so changes the beginning. (v1/204)
• Who: al-Farrāʾ: what wāw joins is like a plural pronoun. We say each item is as if mentioned alone. So "this one is free, or this one and this one" frees the third outright and he chooses between the first two; for al-Farrāʾ he chooses between the first and the pair. (v1/204–205) al-Farrāʾ's proof from al-Jāmiʿ (the heir who names three slaves freed in the deathbed illness) (said in one breath, a third of each is freed; said with pauses, the first wholly, half of the second and a third of the third) is explained by the "end changes beginning" rule, not by wāw as a plural: for Abū Ḥanīfa the emancipation's own status changes, since «المستسعي بِمَنْزِلَة الْمكَاتب» — "one who must earn his freedom [by service] is, on his view, like a mukātab" (v1/205); for the Ṣāḥibān only the exemption from that service obligation changes. (v1/204–205)

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B6.03 · الواو بين الجملتين وواو الحال · Wāw between two complete sentences still joins; wāw of state; ⚑ "divorce me and you get 1,000" (v1/205–207)

• Who: "Zaynab is divorced three times, and ʿAmra is divorced" gives ʿAmra one divorce. Some of our shaykhs: the wāw between two complete sentences marks a new start, as in "and those firm in knowledge" (Q 3:7) and the qadhf verse. Sarakhsī: «وَالأَصَح أَن هَذَا الْوَاو للْعَطْف أَيْضا عِنْدِي» — "the sounder view, to me, is that this wāw is also for conjunction." Sharing the predicate is not part of conjunction itself; it comes only when the joined part lacks a predicate. (v1/205)
  • So when needed, the joined part takes the same predicate if possible: "you are divorced if you enter this house, and if you enter that house" hangs one divorce on either, so entering both gives one. "So-and-so is divorced, and so-and-so" gives each her own divorce, since one divorce cannot be shared. (v1/205–206)
• Wāw of state (ḥāl): "until they came to it, and its gates were opened" (Q 39:73). "Pay me 1,000 and you are free": not free until he pays. "Open the gate and you are safe": safe only on opening. But "you are divorced and you are ill" divorces now, though he is believed before God if he meant "when you fall ill". (v1/206)
• Furūʿ test: "take this 1,000 and work with it as a muḍāraba, in cloth": not limited to cloth, since the wāw only joins. (v1/206)
• Who: ⚑ a wife says "divorce me and you get 1,000", or he says "you are divorced and you owe 1,000" and she accepts. (v1/206–207)
  • Abū Yūsuf and Muḥammad: the 1,000 is owed. Two routes: wāw is borrowed for bāʾ (as in oaths), or it is wāw of state, and exchange (khulʿ) is the context that justifies the figure. (v1/206–207)
  • Abū Ḥanīfa: divorced and nothing owed: «لِأَن الْوَاو للْعَطْف حَقِيقَة وَبِاعْتِبَار هَذِه الْحَقِيقَة لَا يُمكن أَن يَجْعَل الْألف بَدَلا عَن الطَّلَاق» — "because wāw is literally conjunction, and on that literal sense the 1,000 cannot be made a return for the divorce." Divorce is usually without payment, so exchange is extra to it and cannot justify leaving the literal. Lease is different, since it cannot exist without a return. (v1/207)
• Why the state reading needs the form: «وَإِنَّمَا يَجْعَل الْوَاو للْحَال إِذا كَانَ بِصِيغَة تحْتَمل ذَلِك» — "wāw is made a wāw of state only where the form admits it": forms like "pay… and you are free" and "come down and you are safe" do, since in each the addressee is given the command and the accompanying state — a nominal predicate, not a second command — in one construction: «لِأَنَّهُ خاطبه بِالْأولِ وَالْآخر بِصِيغَة وَاحِدَة» — "because he addressed him with the first and the last in one form" (v1/207); "work with it in cloth" does not, since «لِأَن الْبَز لَا يكون حَالا لعمله» — "cloth is not a state of his work". (v1/207)

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B6.04 · الفاء · Fāʾ gives immediate sequence; it can also introduce a lasting cause (v1/207–209)

• Position: «وَأما الْفَاء فَهُوَ للْعَطْف وموجبه التعقيب بِصفة الْوَصْل» (v1/207) — "As for fāʾ, it is for conjunction, and its effect is immediate sequence." Hence it links the answer to a condition, and a ruling to its cause ("he struck and caused pain"). "No son repays his father unless he finds him a slave, buys him and frees him": the purchase itself frees. (v1/207–208)
• Furūʿ test
  • "I sell you this slave for 1,000" answered by "so he is free" makes the buyer accept, then free him. "He is free" or "and he is free" rejects the offer. (v1/208)
  • Tailor: "will it make me a shirt?" "Yes." "So cut it." If it falls short, the tailor is liable, since the permission was conditional. With "cut it" alone he is not liable. (v1/208)
  • al-Jāmiʿ: "if you enter this house and so enter that house, you are divorced" requires that order. (v1/208)
• Who: ⚑ some of our shaykhs: to a wife not yet consummated with, told "if you enter the house you are divorced, so divorced, so divorced" — «إِذا قَالَ لغير الْمَدْخُول بهَا إِن دخلت الدَّار فَأَنت طَالِق فطالق فطالق» — "if he says to a wife not yet consummated with: if you enter the house you are divorced, so divorced, so divorced" (v1/208) — she is divorced once on Abū Ḥanīfa's view, because fāʾ is taken as borrowed for wāw (so the case follows the wāw split). Sarakhsī: «وَالأَصَح عِنْدِي أَن هَاهُنَا تطلق وَاحِدَة عِنْدهم جَمِيعًا» — "the sounder view, to me, is that here she is divorced once, according to all of them": fāʾ's literal sequence is workable, so there is no move to the figure. (v1/208)
• Fāʾ before a cause that lasts: "rejoice, for help has come". "Pay me 1,000, for you are free" frees him even if he does not pay; likewise "come down, for you are safe". (v1/208–209)
• Who: "I owe him a dirham, so a dirham": we say two dirhams, since the sequence is in the owing, not the thing owed, or fāʾ is borrowed for wāw. al-Shāfiʿī: one dirham, fāʾ being for emphasis. Reply: he assumes a hidden word only to cancel the fāʾ, but hidden words are assumed to make a text work, not to cancel it. (v1/209)

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B6.05 · ثم · ⚑ Thumma is sequence with delay: for Abū Ḥanīfa as if he fell silent and started again; for the Ṣāḥibān, delay in the ruling only (v1/209–210)

• Position: «وَأما حرف ثمَّ فَهُوَ للْعَطْف على وَجه التعقيب مَعَ التَّرَاخِي» — "As for thumma, it is for conjunction in sequence with delay." (v1/209)
• Who: ⚑ Abū Ḥanīfa: the delay is as if he had paused and begun a new sentence. The Ṣāḥibān: the delay is in the ruling, while the speech stays connected. (v1/209)
• Furūʿ test (not yet consummated, "if you enter, divorced, then divorced, then divorced"): Abū Ḥanīfa, the first hangs on entering, the second falls now and the third lapses; the Ṣāḥibān, all hang on entering and then fall in sequence, so one. With the condition last: Abū Ḥanīfa, one now and the rest lapse; the Ṣāḥibān, one on entering. If consummated with the condition last, Abū Ḥanīfa gives two now and one on entering; the Ṣāḥibān, three on entering. With the condition first, Abū Ḥanīfa gives the second and third now and the first on entering; the Ṣāḥibān, three on entering. This is spelled out in al-Nawādir. (v1/209–210)
• Figurative use: thumma for wāw ("then he was of those who believed", Q 90:17). The ḥadīth "let him do what is better, then expiate his oath" is literal; in the version "let him expiate, then do what is better", thumma means wāw, so that the command keeps its obligatory force (expiation before breaking the oath is not obligatory). It is not read as fāʾ, since fāʾ also gives sequence. (v1/210)

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B6.06 · بل · Bal corrects an error by putting the second in place of the first; in statements it adds, in enactments it cannot retract (v1/210–211)

• Position: «وَأما حرف بل هُوَ لتدارك الْغَلَط بِإِقَامَة الثَّانِي مقَام الأول» — "As for bal, it corrects an error by putting the second in place of the first", showing the first was wrong. (v1/210)
• Who: ⚑ Zufar: "I owe him 1,000, no, 2,000" makes 3,000: an admission of 2,000 plus a retraction of the 1,000 that does not count, as with "divorced once, no, twice" giving three. We say 2,000: the correction is to add what the first statement implicitly denied, as with "fifty years have passed, no, sixty". (v1/210–211)
• Furūʿ test: this works in statements, which can be mistaken, not in enactments. So "divorced once, no, twice" gives three; "I divorced you yesterday once, no, twice" gives two. Not yet consummated: "divorced once, no, twice" gives one, since she is separated by the first. "If you enter, divorced once, no, twice" gives three on entering, by agreement: the retraction re-hangs the two directly on the condition, as two oaths. (v1/211)

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B6.07 · لكن · Lākin affirms what follows after a negation; it joins only when the speech hangs together (v1/211–212)

• Position: «وَأما لَكِن فَهُوَ كلمة مَوْضُوعَة للاستدراك بعد النَّفْي» — "As for lākin, it is a word coined for rectification after a negation." It affirms what follows; the negation of what precedes rests on its own proof, unlike bal. «ثمَّ الْعَطف بهَا إِنَّمَا يكون عِنْد اتساق الْكَلَام» — "It joins only when the speech hangs together"; otherwise it starts a new sentence. (v1/211)
• Furūʿ test (al-Jāmiʿ)
  • "This slave in my hand belongs to so-and-so." The recipient: "It was never mine, but it is so-and-so's." Said in one breath, it goes to the second; said with a pause, it stays with the admitter, since the first part rejects the admission and the rest is one man's testimony. (v1/211–212)
  • If the admitter had himself been awarded the slave by judgment on his witnesses and then says "it was never mine, but it is so-and-so's", and the second claimant says "it was his, and he sold or gave it to me after the judgment": connected, it goes to the second, read as a fresh transfer after the judgment; but «إِلَّا أَن الْمقر يصير ضَامِنا قِيمَته للمقضي عَلَيْهِ» — "except that the admitter becomes liable for its value to the one against whom judgment was given" (v1/212), since his words on their face deny his own witnesses.
  • A slave woman marries without her master's permission for 100; he says "I do not ratify it, but I ratify it for 150". The marriage is void: denying and affirming the same ratification does not hang together, so "but I ratify" is a new start after the contract has lapsed. (v1/212)
  • "I owe you 1,000 as a loan." "No, but as usurpation." The money is owed: the speech hangs together, denying only the cause. (v1/212)

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B6.08 · أو · Aw covers one of the things named; it gives choice in enactments, and doubt arises in reports from the context, not the word (v1/213–218)

• Position: «وموجبها بِاعْتِبَار أصل الْوَضع يتَنَاوَل أحد الْمَذْكُورين» — "Its effect by original coinage is that it covers one of the things named": expiation by feeding or clothing or freeing (Q 5:89), the ransom for shaving (Q 2:196), the penalty for game (Q 5:95). Doing all of them pays the duty with one, on the sound view. (v1/213)
• Who: some of our shaykhs say aw was coined for doubt; in enactments and commands doubt is impossible, so it becomes choice. Sarakhsī: «وَعِنْدِي أَن هَذَا غير صَحِيح لِأَن الشَّك لَيْسَ بِأَمْر مَقْصُود حَتَّى يوضع لَهُ كلمة فِي أصل الْوَضع» — "To me this is not right: doubt is not an aim that a word would be coined for." Doubt arises in reports from the context. In enactments the word gives choice. (v1/213)
• Furūʿ test
  • "This one is free, or this one" equals "one of them is free"; his choosing is in one way a new enactment, in another a naming of what has already fallen. (v1/213)
  • ⚑ His slave and his riding animal: "this is free, or this". The Ṣāḥibān: void, since the unspecified "one of them" is not a valid subject. Abū Ḥanīfa: valid as a figure, since the enactment might settle on the slave; he acts on the figure even where the literal fails for lack of a subject. (v1/213–214)
  • "This one is divorced, or this one and this one" divorces the third and gives choice between the first two. Zufar says the same in "I will not speak to X, or Y and Z". We say: speaking to X alone breaks the oath, while for Y and Z he must speak to both, since "speak" fits a pair, unlike "divorced". (v1/214)
  • Agency "this man or this man" is valid by istiḥsān; "sell this slave or this" gives the agent a choice. In sale, aw in the object or price voids the sale for uncertainty, unless the one choosing is known and the options are two or three. (v1/214–215)
  • ⚑ Marriage "for 1,000 now or 2,000 in a year": the Ṣāḥibān, a choice if it is useful, otherwise the lesser amount is due. Abū Ḥanīfa: «يُصَار إِلَى تحكيم مهر الْمثل» — "recourse is to the fair dower", since the choice leaves the named amount unfixed and the fair dower is marriage's default. Khulʿ and ṣulḥ have no default return, so the certain lesser amount is due there. (v1/215)
• Who: Mālik: in the brigandage verse (Q 5:33) the ruler chooses among the punishments. We say the opening names them as a return for brigandage, which comes in known kinds, and «الْجُمْلَة إِذا قوبلت بِالْجُمْلَةِ يَنْقَسِم الْبَعْض على الْبَعْض» (v1/216) — "when a set is matched with a set, the parts are shared out among each other". Jibrīl brought this division regarding Abū Burda's men. (v1/215–216) Abū Ḥanīfa: when they both killed and robbed, the ruler may cut, then kill and crucify, or kill and crucify only. Another view: aw here means bal. (v1/216)
• Aw as wāw: with an indication. Under negation it covers each ("obey neither sinner nor ingrate", Q 76:24): "by God, I will not speak to X or Y" breaks on either, unlike with wāw. In īlāʾ, "I will not approach this one or this one": when the term passes, both are separated. Under permission it covers each ("sit with jurists or theologians"; Q 6:146): "I will not speak to anyone except X or Y" allows both. "By God I will not approach you (four wives) except so-and-so or so-and-so": he is not in īlāʾ with those two. (v1/216–217)
• Aw as ḥattā: "not for you is anything of the matter, or [until] He turns to them" (Q 3:128). "By God I will not enter this house, or I will enter that one": entering the second first ends the oath; entering the first first breaks it. (v1/217–218)

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B6.09 · حتى · Ḥattā marks a limit; it can mean "so that", or plain conjunction (v1/218–220)

• Position: «وَأما حَتَّى فَهِيَ للغاية بِاعْتِبَار أصل الْوَضع بِمَنْزِلَة إِلَى» — "As for ḥattā, it marks a limit by original coinage, like ilā." It works as a true limit when what precedes can extend and what follows can end it: "I will stay with my debtor until he pays me" is broken if he leaves before payment. (v1/218) al-Ziyādāt: "my slave is free if I do not beat you until my hand aches / until night / until so-and-so intercedes": these are true limits, so stopping before them breaks the oath. Custom can override: "if I do not beat you until you die" means a hard beating. (v1/218–219)
• Other uses: conjunction that keeps a sense of limit ("the people came, even Zayd"); "so that" (Q 2:193); "and the Messenger says" (Q 2:214, by the rafʿ reading) as pure conjunction. (v1/219)
• Furūʿ test (al-Ziyādāt): "if I do not come to you tomorrow until you give me lunch": coming is not lasting, so ḥattā means "so that"; he keeps the oath by coming with that aim, even if not fed. "If I do not come to you until I lunch with you today": both acts are his own, so it is pure conjunction, and he breaks the oath unless both happen. (v1/219)
• Objection → Reply: "the grammarians do not know ḥattā as plain conjunction". Reply: «فِي الاستعارات لَا يعْتَبر السماع وَإِنَّمَا يعْتَبر الْمَعْنى الصَّالح للاستعارة» — "in borrowings, attested usage is not required; only a meaning fit for borrowing is." And Muḥammad [al-Shaybānī] is himself a proof in language: Abū ʿUbayd cited him, and al-Mubarrad explained "al-ghazāla" (the sun) by his usage. Better, though, to read it as fāʾ, which is nearer to limit. (v1/220)

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B6.10 · إلى · Ilā ends a limit; a limit standing by itself is excluded; otherwise inclusion depends on whether the phrase already covered it (v1/220–221)

• Position: ilā marks the end of a limit, hence its use in terms and debts (Q 2:282). (v1/220)
• Who: "you are divorced until a month": if he intends now, it falls now; if delay, after the month. With no intention, Zufar: it falls now, as a term does not stop a debt existing. We say no, since ilā delays what it is joined to, and divorce itself can be delayed. (v1/220)
• Rule on inclusion: «وَالْحَاصِل فِيهِ أَن مَا يكون من الغايات قَائِما بِنَفسِهِ فَإِنَّهُ لَا يدْخل لِأَنَّهُ حد وَلَا يدْخل الْحَد فِي الْمَحْدُود» (v1/220) — "In sum: a limit that stands by itself is not included, since it is a boundary, and the boundary is not in the bounded." Otherwise, if the phrase already covered the limit, the limit is mentioned to exclude what lies beyond, so the limit is included ("hands to the elbows", Q 5:6). If the phrase did not cover it, or it is doubtful, the limit extends the ruling and is not included ("fast until night", Q 2:187). (v1/220–221)
• Furūʿ test: Abū Ḥanīfa, the limit is included in an option term (an option alone is open-ended); not in terms and leases. In "I will not speak to him until…", ⚑ al-Ḥasan reports inclusion; the ẓāhir al-riwāya excludes it. (v1/221)
• Who: ⚑ "I owe from one dirham to ten" and "you are divorced from one to three". Zufar: neither end is included. Abū Yūsuf and Muḥammad: both. Abū Ḥanīfa: the second end is not included, but the first is, by necessity. (v1/221)

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B6.11 · على · ʿAlā is for binding; it is used for condition, and borrowed for the bāʾ of exchange; ⚑ "divorce me three times for 1,000" (v1/221–222)

• Position: «وَأما على فَهُوَ للإلزام بِاعْتِبَار أصل الْوَضع» (v1/221) — "As for ʿalā, it is for binding by original coinage", from one thing being over another. So "I owe (ʿalayya) him 1,000 dirhams" is a debt, unless he joins "deposit" in the same breath. (v1/221–222)
• Condition: Q 60:12; al-Siyar: the fort's chief says "give me safety on (ʿalā) ten of the fort's people": the ten are besides him and he picks them. With "and ten", "so ten", "then ten", the grantor picks. (v1/221–222)
• As bāʾ of exchange: "I sell you this on (ʿalā) 1,000" or "I lease to you for a month on a dirham": sale and lease cannot hang on a condition. (v1/222)
• Who: ⚑ "divorce me three times on (ʿalā) 1,000", and he divorces her once. Abū Yūsuf and Muḥammad: a third of the 1,000, as with bi-alf. Abū Ḥanīfa: nothing, and the divorce is revocable, since divorce can hang on a condition: «وَحَقِيقَة الْكَلِمَة للشّرط فَإِذا كَانَت مَذْكُورَة فِيمَا يحْتَمل معنى الشَّرْط يحمل عَلَيْهِ دون الْمجَاز» — "the word's literal sense is condition; where it occurs in something that admits a condition, it is read that way, not figuratively." A condition is met as a whole, not in parts. (v1/222) ʿAlā can also mean min (Q 83:2). (v1/222)

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B6.12 · من · Min is for "some of" by coinage; it is read as filler only when needed to make the speech work (v1/222–223)

• Position: «وَكلمَة من للتَّبْعِيض بِاعْتِبَار أصل الْوَضع» (v1/222) — "The word min is for 'some of' by original coinage". It can also mean start of a limit, material ("a door of iron"), bāʾ (Q 13:11), or a filler (Q 71:4; 22:30). It is filler only if the coined sense is impossible and the speech needs it. (v1/222–223)
• Furūʿ test (al-Jāmiʿ): "if what is in my hand of dirhams is but three" and he has four: he breaks the oath (the fourth is "some of the dirhams"). "Divorce me for what is in my hand of dirhams" when she has one or two: she owes three, because min there is filler that makes the speech sound. (v1/223)

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B6.13 · في · Fī is for container; time, place and act as container; ⚑ "divorced in (fī) tomorrow" (v1/223–225)

• Position: «وَأما فِي فَهِيَ للظرف بِاعْتِبَار أصل الْوَضع» — "As for fī, it is for container by original coinage." "I usurped from you a garment in a kerchief" makes both owed. The container is of three kinds: time, place and act. (v1/223)
• Time: ⚑ "you are divorced in (fī) tomorrow" falls at dawn, as with "tomorrow". If he says "I meant late in the day", the Ṣāḥibān do not believe him in court, since it narrows a general. Abū Ḥanīfa believes him: «لِأَن ذكر حرف الظّرْف دَلِيل على أَن المُرَاد جُزْء من الْغَد» (v1/223) — "because mentioning the container particle shows that a part of tomorrow is meant", so he is explaining something left vague. "If I fast the month" means the whole month; "if I fast in the month", an hour. (v1/223–224)
• Place: "divorced in the house" falls wherever she is, unless he means "when you enter". Then it is a container of act, which borrows the sense of condition. If the act is past or present it falls now ("in your menstruation" while menstruating); if awaited, it waits ("in the coming of your menstruation"). al-Jāmiʿ: "in the coming of a day" and "in the passing of a day". (v1/224)
• Furūʿ test: "give me safety in ten" makes him one of the ten. "Ten dirhams in ten" gives ten, unless he means "with" (fī for maʿa, Q 89:29), then twenty. "One in one" gives one, unless he means "with" (two) or "and" (two if consummated). (v1/224–225) al-Ziyādāt: "divorced in God's will / His wish" is a condition (no divorce); "in God's knowledge" divorces, since knowledge is used for the thing known. "In God's power" does not divorce, since "this is God's power" means its effect. (v1/225)

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B6.14 · أسماء الظروف: مع وقبل وبعد وعند · Maʿa is togetherness, qabl before, baʿd after, ʿind presence; a pronoun turns qabl/baʿd into a description of the later noun (v1/225–227) [partly OCR-recovered]

• Position: time nouns belong here: maʿa, qabl, baʿd, ʿind. (v1/225) «فَأَما مَعَ فَهِيَ للمقارنة حَقِيقَة» — "As for maʿa, it is for togetherness literally", though it can mean baʿd (Q 94:5). "Divorced one with one" gives two, consummated or not; likewise "with it one". "I owe with every dirham of these ten a dirham" gives twenty. (v1/225) Qabl is for "before" (Q 4:47): said in the forenoon, "divorced before sunset" divorces now. (v1/225)
• [OCR-recovered] Witness: Dār Asfār ed., vol. 1, print pp. 637–642, read from the page images, footnotes excluded. Boundaries: from "qubayl ghurūb al-shams" (right after T v1/225 breaks off at "bi-khilāf") up to "mabīʿan, wa-l-mabīʿ al-dayn lā yakūnu illā salaman", where T v1/228 resumes. Paraphrase only.
  • Qabl, continued: "just before sunset" (qubayl) falls only with sunset. To a wife not yet consummated with: "divorced one before one" gives one; "one before which is one" (qablahā) gives two. With the pronoun, the word describes the later noun, and divorce put into a past time falls now, so both fall together. (Asfār 637–638)
  • Baʿd is for sequence and delay by coinage (Q 2:56). It can mean maʿa (Q 68:13). Not yet consummated: "one after one" gives two; "one after which is one" (baʿdahā) gives one. (Asfār 638–639)
  • ʿInd is for presence: "you have 1,000 dirhams with me (ʿindī)" is a deposit, unless he says "debt". "Divorced at (ʿind) every day" gives one a day until three; likewise "in every day" or "with every day". "Divorced every day" gives only one, since without a time particle all the days are one container. Likewise in ẓihār: "every day" is one ẓihār; "in / at / with every day" renews it daily. (Asfār 639–640)

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B6.15 · حروف الاستثناء: إلا وغير وسوى · Illā is the literal exception; ghayr excepts or describes; siwā excepts (v1/226–227) [OCR-recovered]

• [OCR-recovered] Witness: Dār Asfār ed., vol. 1, print pp. 640–641, page images, footnotes excluded. Paraphrase only.
  • Exception particles are of the same kind. The literal one is illā ("except fifty years", Q 29:14). (Asfār 640)
  • Ghayr can be an exception or a description of an indefinite ("a dirham other than false"). In "not of those who incur wrath" (Q 1:7) it describes: "those You have favoured" function as indefinite, and illā would not fit there. (Asfār 640)
  • al-Ziyādāt: "every slave woman of mine other than a baker is free", then "they are bakers": he is believed. The text contrasts this with "…except a baker". (Asfār 640)
  • ⚑ "I owe him a dirham other than (ghayru) a dāniq", with rafʿ, gives a full dirham (description); with naṣb (ghayra), it is an exception and the dirham is reduced by a dāniq. "A dīnār other than ten dirhams": with rafʿ, a full dīnār; with naṣb, the same for Muḥammad, while for Abū Ḥanīfa and Abū Yūsuf the dīnār is reduced by the value of ten dirhams, as an exception. Completed in the bāb of bayān (B10). (Asfār 640–641)
  • Siwā also excepts. al-Jāmiʿ: "if there are dirhams in my hand except three / other than three / besides three, then all in my hand is charity": all three are exceptions. (Asfār 641)

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B6.16 · الباء · Bāʾ is for attaching (ilṣāq); so it marks the price, needs a real event, and in wiping the head it does not mean "some of" (v1/227–229) [opening OCR-recovered]

• [OCR-recovered] Witness: Dār Asfār ed., vol. 1, print p. 642, page image. Paraphrase only.
  • Bāʾ is for attaching, by original coinage ("I wrote with the pen"). So it goes with prices: "I sell you this slave for a kurr of good wheat" makes the kurr the price, and it may be exchanged before delivery. "I sell you a kurr of good wheat for this slave" makes the wheat the thing sold, so it must be a salam, since a debt-object sold can only be salam. (Asfār 642; T resumes at v1/228)
• Furūʿ test
  • "If you inform me of (bi-) so-and-so's arrival, you are free" covers only a true report after the arrival, since bāʾ attaches the report to an event that exists. "If you inform me that he has arrived" covers true or false. (v1/228)
  • al-Ziyādāt: "divorced by God's will / wish / decree" does not divorce: «لِأَن الْبَاء للإلصاق فَيكون دَلِيلا على معنى الشَّرْط مفضيا إِلَيْهِ» — "because bāʾ is for attaching, so it indicates the sense of condition and leads to it." (v1/228)
  • al-Jāmiʿ: "if you leave this house except with my permission" needs permission each time; "except that I permit you" needs it once, as a limit (Q 12:66). (v1/228)
• Who: "wipe your heads" (bi-ruʾūsikum, Q 5:6). al-Shāfiʿī: bāʾ means "some of", so the least that the word "head" covers is enough. Mālik: a filler for emphasis, so the whole head. (v1/228) We say: «أما التَّبْعِيض فَلَا وَجه لَهُ لِأَن الْمَوْضُوع للتَّبْعِيض حرف من» — "as for 'some of', there is no basis for it, since the particle coined for 'some of' is min". A filler would make the particle pointless. (v1/228) Bāʾ attaches. Joined to the tool ("I wiped the wall with my hand"), the act reaches the whole object. Joined to the object, it attaches the tool to it, which does not normally cover all, and most of the tool (three fingers) counts as the whole. So "some of" comes from this route, not from the bāʾ. (v1/229)
• Objection → Reply: tayammum has "wipe your faces" (bi-wujūhikum) yet requires the whole. Reply: ⚑ al-Ḥasan reports from Abū Ḥanīfa that it does not; on the ẓāhir al-riwāya, the whole is known from the verse's indication (it replaces washing) or from the ḥadīth of ʿAmmār ("two strikes"). (v1/229)
• [Editorial] Debate note: Sarakhsī's measure here is three fingers: «فيتأدى الْمسْح بإلصاق ثَلَاثَة أَصَابِع بِمحل الْمسْح» — "wiping is fulfilled by laying three fingers on the place of wiping" (v1/229). If an interlocutor cites a different measure, check its source before calling either "the Ḥanafī position".

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B6.17 · حروف القسم · Bāʾ is the root of oath particles; wāw is borrowed for it, and tāʾ for wāw (v1/229–231)

• Position: «وَمن هَذَا الْفَصْل حُرُوف الْقسم وَالْأَصْل فِيهَا بِاعْتِبَار الْوَضع الْبَاء» — "Of this section are the oath particles; their root by coinage is bāʾ", since it works with the verb stated or dropped, with any name or attribute, with pronouns, and even with other than God. (v1/229)
• Wāw is borrowed for bāʾ, since they are alike in sound (both from the lips) and in meaning (joining attaches). So it is used only with the verb dropped and only with explicit names, not pronouns. Tāʾ is borrowed from wāw, so it is narrower still and used only with "Allāh". Dropping the particle still gives an oath; the Baṣrans read "Allāha" (accusative), the Kūfans "Allāhi" (genitive), which the jurists find more apparent. (v1/229–230)
• "Wa-ayim Allāh": the Kūfans say it is the plural of "yamīn"; the Baṣrans, a coined oath word with a connecting hamza. "La-ʿamru Allāh", "by God's everlastingness", is an attribute, so it is an oath — comparable to, but not the same wording as, the Qurʾān's "by your life" (Q 15:72). (v1/230–231)
• Coverage flag: T v1/229–231 carries witness warnings (unreliable span; the ʿIlmiyya copy swaps 230–231), so this node carries only one anchor, from v1/229.

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B6.18 · حروف الشرط · In is the pure condition; ⚑ idhā: Abū Ḥanīfa, sometimes pure condition; the Ṣāḥibān, always time; matā is time; kayfa, kam, ayna (v1/231–235) [end OCR-recovered]

• Position: the conditional words are in, idhā, idhā mā, matā, matā mā, kullamā, man and mā. By coinage the pure conditional word is in: no sense of time, followed by a verb, and marking an uncertain future act. So "if I do not divorce you, you are divorced" falls only at the husband's death (and, on one report, just before the wife's death). (v1/231)
• Who: ⚑ idhā. Kūfan grammarians and Abū Ḥanīfa: sometimes time, sometimes pure condition. Baṣrans and the Ṣāḥibān: time by coinage, never free of time even when conditional, like matā. (v1/231–232)
  • "When (idhā) I do not divorce you, you are divorced", with no intention: the Ṣāḥibān, she is divorced as soon as he falls silent; Abū Ḥanīfa, not until he dies: «فَإِن حمل على معنى الشَّرْط لم يَقع الطَّلَاق حَتَّى يَمُوت وَإِن حمل على معنى الْوَقْت وَقع الطَّلَاق فِي الْحَال وَالطَّلَاق بِالشَّكِّ لَا يَقع» — "if read as condition, the divorce does not fall until he dies; if read as time, it falls now; and divorce does not fall on a doubt." (v1/232–233) His proof is al-Farrāʾ's line of verse, where idhā is pure condition. (v1/232)
  • But "when (idhā) you wish" is not limited to the sitting (majlis): the option is hers for certain, and it does not lapse on a doubt. (v1/233)
• Matā: «وَأما مَتى فَهِيَ للْوَقْت بِاعْتِبَار أصل الْوَضع» — "As for matā, it is for time by original coinage", made conditional because a verb follows it. So "whenever (matā) I do not divorce you" divorces once he falls silent. Kull is not a conditional word, since a noun follows it, but the verb describing that noun works as a condition ("every woman I marry"). Kullamā is conditional. (v1/233)
• Law: Abū Yūsuf: "divorced, law you entered the house" waits for entering. "Divorced; law your conduct improved, perhaps I would take you back" falls now. (v1/233)
• Lawlā: «وَأما لَوْلَا فَهِيَ بِمَعْنى الِاسْتِثْنَاء» — "As for lawlā, it is in the sense of an exception" (Q 11:91). Muḥammad: "divorced, lawlā your entering the house" does not divorce (from al-Karkhī's Mukhtaṣar). (v1/233)
• [OCR-recovered] Witness: Dār Asfār ed., vol. 1, print pp. 654–656, page images, footnotes excluded. Boundaries: from "wa-ammā kayfa", right after T v1/233 ends with lawlā, to the end of the ayna/ḥaythu passage. Paraphrase only.
  • ⚑ Kayfa asks about a state by coinage. Abū Ḥanīfa: if the state reading works, it holds; otherwise it is void. Abū Yūsuf and Muḥammad: where no state can be pointed to, the word goes back to the root, since using it in some figurative way is better than voiding it. (Asfār 654–655)
  • "You are free, however (kayfa) you wish": Abū Ḥanīfa, freed now and "however you wish" is void; the Ṣāḥibān, the choice is his in the sitting, and he is not freed until he wishes, as with "if you wish". (Asfār 655)
  • "You are divorced, however you wish": Abū Ḥanīfa, one divorce falls. If not consummated, the rest is void. If consummated, it is a revocable one, and she then chooses its being irrevocable, or three if the husband intended that. The Ṣāḥibān: nothing falls until she chooses in the sitting, and the scope of her valid choice (general or specific) likewise depends on the husband's intention. (Asfār 655)
  • Kam is a noun for the number that falls: "divorced, as many (kam) as you wish" falls only when she wishes, within the sitting, since kam has no sense of time. (Asfār 655–656)
  • Ayna and ḥaythu are for place: "divorced, wherever you wish" falls only when she wishes, within the sitting, since they have no time sense that would cover all times, unlike idhā and matā. (Asfār 656)

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B6.19 · علامة الذكور والإناث · The masculine plural covers men and women together, but not women alone; the feminine covers women only (v1/234–235) [OCR-recovered]

• [OCR-recovered] Witness: Dār Asfār ed., vol. 1, print pp. 657–659, page images, footnotes excluded. Boundaries: the whole faṣl opening "wa-min jumlat mā dhakarnā al-ḥurūf al-mawḍūʿa li-ʿalāmat al-dhukūr wa-l-ināth", ending just before the heading of the next bāb (T v1/236). Paraphrase only.
• Position: the masculine marker covers men and women when mixed, but not women alone; the feminine marker covers women only. (Asfār 657)
• Who: some of al-Shāfiʿī's followers: the masculine form does not cover women without a proof. Their proofs: each marker was coined for one group, so that is its literal sense. Q 33:35 ("Muslim men and Muslim women") would be pointless repetition otherwise. Its occasion: women complained, "why are we not mentioned in the Qurʾān?", and they were native speakers. (Asfār 657–658)
• Reply: Arabs let the masculine marker prevail when groups are mixed, and bring women in as followers, as they follow men in creation. What custom settles counts as literal, so there is no combining of literal and figurative. Support: "they both said, our Lord, we have wronged ourselves" (Q 7:23), said of Ādam and Ḥawwāʾ; "and for his two parents" (Q 4:11), for father and mother; and every unqualified address in the Qurʾān concerning matters shared by men and women covers both, by agreement. Q 33:35 was to comfort the women: they knew they were included and asked to be named. (Asfār 658–659)
• Furūʿ test (Muḥammad in al-Siyar): "give me safety for my sons (banīya)", when he has sons and daughters, covers both; "for my daughters" does not cover the sons; "for my sons" when he has only daughters does not cover them, since the masculine does not cover women alone; "for my parents" covers father and mother. (Asfār 659)

• [Editorial] Debate note: this faṣl is the Ḥanafī base for reading the Qurʾān's masculine plurals as including women (e.g. in the commands of worship). It is not available in this project's primary witnesses (T and the ʿIlmiyya copy), so cite it by the Asfār pagination.

• [Editorial] Debate note (bāb): most intra-Ḥanafī splits here turn on one question: when does a particle's literal sense give way to a figure? Abū Ḥanīfa often holds to the literal (wāw in B6.02–B6.03, ʿalā in B6.11), but not always: he works the figure where the Ṣāḥibān do not in B6.08 (slave and animal) and B6.13 ("in tomorrow"). The Ṣāḥibān often read by purpose (exchange, joint effect). Sarakhsī corrects "some shaykhs" four times: on wāw (B6.01), wāw between sentences (B6.03), fāʾ (B6.04) and aw (B6.08).

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