Proven Generalities via the Deduction Method

প্রশ্ন · Question

Bismillah Ar -Rahman Ar -Raheem, Assalamu Alaikum wa Rahmatullah
wa Barakatuhu,

It was mentioned in the book Islamic Personality, Volume 3, [Arabic
edition, p. 331] the following: as Allah ﷻ says: [جُورَهُن
ُ
فَآتُوهُنَّ أ ] “give
them [the women] their Mahr as prescribed” [An-Nisaa: 24]. It is a
general articulation including paying the wage of the nursing woman,
i.e. the worker, the house, the car, and others. Comment: The phrasing
of the text is not suitable for deducing from its articulation other than
paying the wage of the nursing woman, that is: paying the wage of the
worker, the house, the car and others. Here is the clarification:

1. The Sharia principle is: The general articulation in the topic of the
issue. As the verse is general for each nursing woman, as each nursing
woman deserves to be paid the wage for the nursing, and the topic of
the verse is to pay the wage for the nursing, and nothing else.

2. Him ﷻ saying: فَآتُوهُن give them” means: Give the divorcees, the
brides, and the nursing women, because the pronoun “them” refers to
them, and the feminine pronoun “them” does not include the

masculine pronoun “them” [in Arabic format]. Thus, paying the wage is
for the divorcee, the bride, and the nursing woman, and it is general
including all the women falling under this category. It is known that
addressing the females doesn’t include the males.

3. For the verse to be a general expression, including the paying the
wage of the nursing woman, the worker, the house, the car, and
others, the verse must have looked like this: “If they nurse for you
(your infants), give the workers their wages,” as the articulation
“workers” is general, including males and females, and its topic is
paying the wage even if the issue is nursing.
4. Him ﷻ saying: جُورَهُن
ُ
فَآتُوهُنَّ أ give them [the women] their Mahr as
prescribed” we deduce from it a partial ruling, which is paying the
wage of the nursing woman. We also deduce from it a holistic ruling –
based on what is reasonable in the text – which is: the worker,
whoever it may be, deserves to be paid if he did the job.

Ali Ghaith (Abu Al -Hassan)

উত্তর · Answer

Wa alaikum Assalam wa
Rahmatullah wa Barakatuh, Brother, I appreciate your concern in the
general research about the language, but you have not grasped the
topic well, as you have covered one aspect and left aspects… I wished
that you have bettered the style of your question as you asked in an
inquiring manner, but you have not as you have preceded your
message by saying: “Comment: The phrasing of the text is not suitable
for deducing from its articulation other than the w age of the nursing
woman…”, so you commented, answered yourself, and then decided!
You have not left any room for questioning and inquiring! Even so, it is
clear in your question that you care about this topic, and I will look
beyond the inadequately phrased style of the question… and I will
answer you, and I ask from Allah ﷻ to guide you to a better state of
righteousness:

Researching in any issue from the Usul issues requires covering all of
its aspects rather than covering one aspect and building a ruling upon
it, and if you grasped the types of generalities, you wouldn’t have been
sidetracked. We have researched the types of generalities in the
Islamic Personality Volume 3, (Arabic version, p. 235 -237) under the
title “Methods to Proving the Generalities of the Expression”, and I
convey some to you: “The proven generalities by expression, either
they are proven by language where it is learned from the situation of
the language, or they are proven by custom where it is learned from
the customs, meaning by using the people of the language and not
from their situation, or they are proven intellectually where it is
learned from deduction and not from the mind. In other words, the
generalities of the expression is either proven to us via the
transmission method which the Arabs have put that expression for the
generalities, or used this expression in the generalities, or it was
proven to us via the deduction method from transmission… The
proven generalities via the transmission method, either they are
learned from the situation of the language, or they are learned from
the usage of the people of the language. As for the generalities learned
from the situation of the language, there are two cases: one of them is
already a generality, meaning it doesn’t need an indication, and the
second case is that its generality is learned from the situation of the
language but via its indication… As for the generalities learned from
the usage of the people of the language, which is the generalities
learned via customs, it is what Allah ﷻ says: مَّهَاتُكُمْ
ُ
حُررمَتْ عَلَيْكُمْ أ
Forbidden to you (for marriage) are: your mothers…” [An-Nisa: 23]
as the people of the customs transmitted this synthesis from
forbidding the specific to forbidding all sorts of pleasure; because it is
what is meant from the women without the usage, and a similar
example is what He ﷻ says: حُررمَتْ عَلَيْكُمُ الْمَيْتَةُ Forbidden to you (for
food) are: The dead animals (which was not slaughtered)…” [Al-

Maida: 3] as this has been passed on for eating as a custom, and it is
from the actual customs. As for the proven generalities via the
deduction method, its regulator is arranging the ruling on the
description of the commentary and causation letter “F’a” such as what
Allah ﷻ says: يْدِيَهُمَا
َ
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أ Cut off (from the wrist
joint) the (right) hand of the thief, male or female...” [Al-Maida: 38].”
End. That is how generalities are comprehended with all of its types,
and based on that, and especially the proven generalities via the
deduction method, the answer would be as such: Your question is
about what has been mentioned in the book Islamic Personality
Volume 3, (Arabic ed, p. 327), which is: “Allah ﷻ says: جُورَهُن
ُ
فَآتُوهُنَّ أ
give them [the women] their Mahr as prescribed” [An-Nisaa: 24]
which is a general expression including paying the wage of the nursing
woman, the worker, the house, the car, and others. It cannot be said
that I have measured the wage of the worker against the wage of the
nursing woman, or I have measured the wage of the car against the
wage of the worker, as they are included under it and they are
members among it.” End. The generality meant in this situation is the
generality of obtaining the wage as they are entitled to benefit, and
this generality has been taken from arranging the wage across the
fulfillment the benefit of the nursing via the commentary and
causation letter “F’a”, as the verse says: جُورَهُن
ُ
رْضَعْنَ لَكُمْ فَآتُوهُنَّ أ
َ
فَإِنْ أ
Then if they give suck to the children for you, give them their due
payment” [At-Talaq: 6] meaning that the reason behind obtaining the
wage was the benefit obtained via the nursing. Thus showing the
generality of obtaining the wage via the generality of obtaining the
benefit, whether the paying of the wage was for the nursing as it was
articulated in the verse, or paying the wage to benefit someone such
as paying the wage of a worker, or paying the wage for a particular
benefit such as paying for a
car, as all these have been taken from the last kind from the generality
mentioned above which is: “The proven generality via the deduction

method, its regulator is arranging the ruling on the description of the
commentary and causation letter “F’a”…”, and it has not been taken
via the measurement method by relating the branch to the original via
a justification conjunction. It is as if the verse said: “Obtaining the
benefit requires for it to obtain the wage”, and its generality has been
deduced via deduction, and that’s why the payment of the wage of the
worker and the payment for the car are considered a member from
the members of this gener ality by which the generality is applicable to
them and they fall under it, though it is not for the sake of joining the
payment of the worker and paying for the car by describing them to be
sub-branches of paying the nursing woman due to describing it
originally via the justification conjunction, meaning that it is not due to
the nature of the work according to the reasonability of the text,
because the issue is listing the member from the members of the
generality under the generality and it is not included in the
measurement. I hope that the answer to the issue has been clarified
for you, and that you have realized that what we have mentioned in
the book is the correct answer. For your information, this noble verse
is from the Usul of the evidence for the paying of the wages in the
Sharia, and none of the scho lars limited it to nursing, as far as I know,
and I convey to you some of what has been mentioned in related
sources: - It has been mentioned in the book “Bidayat Al Mujtahid wa
Nihayat Al Muqtasid” authored by Abu Al Walid Mohamad bin Rushd
Al Qurtubi, known as the grandchild o Ibn Rushd (Deceased in 595 AH),
published by Dar Al Hadith (Egypt), the following was mentioned in the
chapter of Wages: “Paying the wages has been made permissible by all
of the Egyptian scholars, and the foremost… The evidence of the
majority is what Allah ﷻ says: يَّ هَاتَيْْ ِ
نْكِحَكَ إِحْدَى ابْنَن َ
ُ
نْ أ
َ
رِيدُ أ
ُ
ي أ
إِب ر I intend
to wed one of these two daughters of mine to you” [Al Qasas, verse
27] and He ﷻ says: جُورَهُن
ُ
رْضَعْنَ لَكُمْ فَآتُوهُنَّ أ
َ
فَإِنْ أ Then if they give suck
to the children for you, give them their due payment” [At-Talaq: 6]”.
End It has also been mentioned in the book “Al Mughna” for Ibn

Qudama in the chapter of “Wages” the following: “The original
(source) for making the wages permissible are the Holy Book (Quran),
the Sunnah, and Ijma’a.
As for the Holy Book, it is what Allah ﷻ says: رْضَعْنَ لَكُمْ فَآتُوهُن
َ
فَإِنْ أ
جُورَهُنَّ
ُ
أ Then if they give suck to the children for you, give them their
due payment”, At-Talaq…” End. Therefore, this noble verse is famous
for being a piece of evidence for proving the permissibility for wages.
Your brother,
Abu Yasin
14 Muharram 1437 AH
27/10/2015 CE