Among the established rules is “resorting to the origin (istishabul-asl)”, “Abandoning doubt (tarhush-shakk)”, and “considering a case’s validity (or invalidity) to presently be as it was previously (baqa’u ma kan ^ala ma kan)”. Proof for such a rule is the hadith of Al-Bukhariyy in which the Prophet received the complaint of a man who thinks that he passes gas in the prayer, but he is not certain. He said: لاَ يَنْفَتِل أَوْ لاَ يَنْصَرِف حَتَّى يَسْمَعَ صَوْتًا أَوْ يَجِدَ رِيحًا “He does not move (i.e. does not abandon the prayer) unless he hears a sound or smells an odor.” This means that he does not abandon the prayer unless he is certain that the impurity took place. What this means is that if there is a case of permissibility, or prohibition, or validity, one holds fast to this basis unless another definitive issue comes and removes this ruling; i.e. this basis. An example is for someone to be sure that he made purification, but doubtful if he committed an impurity. The basis is for him to consider that his purification is valid. If, on the other hand, one were sure of impurity, and doubtful if he lifted it by making purification, the basis is the remainder of impurity.
Posted on: Mon, 29 Sep 2014 01:19:51 +0000
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