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Volume :14 Issue : 38 1999      Add To Cart                                                                    Download

Talfeeq ( Mixing) in the Fatwas.

Auther : Dr. Sad Alenezi

 

Talfeeq, according to Arabic dictionaries, means mixing or making one thing out of two or more. In juristic issues and fatwas, Talfeeq means mixing opinions selected from different juristic schools so as to compose a new juristic decision which is approved by none in any of these schools. Talfeeq could be also defined as follows: An attempt, through mixin, in one case, more than one opinion of different scholars, in order to come out, with an new form that no Muhtahid (well-qualified scholar) would approve and all scholars agree on the invalidity of that judgement in the field of ibadah ( acts of worship).

In regard to Talfeeq, scholars are of two opinions:

  1. Absolute refusal of acting according Talfeeq,
  2. Permitting of acting according to Talfeeq provided that the goal would not be running after licenses which might lead to corruption and violating the rules of Sharia.

A famous example of the such prohibited type of Talfeeq is the case ascribed to Abu Nuwas, the famous poet, who said that if Imam Abu Haneefah has legalized nabeeth (نبيذ) and Imam Ash-Shafii as stated that nabeeth and khamr (wine) are the same, then khamr is lawful. Such type of Talfeeq, which resulted in legalizing a prohibited thing, is prohibited and clearly corruptive. This case was indicated in a poem by Ibn Ar-Roumi, another famous poet, which says:

أحل العراقي النبيذ وشربه *** وقال حرامان المدامة والسكر

وقال الحجازي الشرابان واحد *** فحلت لنا بين اختلافهما الخمر

Which means: The Iraqi (Imam, i.e. Abu Haneefah) legalized drinking nabeeth and said that only mudamah(wine) and drunkenness are prohibited; but the Hajazi (Arabian Imam, i.e. Ash-Shafii ) said that the two beverages are the same (of course Imam As-Shafiii means the same in prohibition); so, by inference, wine is legalized for us out of these different opinion,.

These verses are clearly a big fallacy in equalizing nabeeth with khamr (wine) because the reason of prohibition is causing intoxication regardless of the nature or quantity of the material.

As for those scholars who approved acting on the results of Talfeeq, they put a condition that it must not be out of submission to ones desires and lusts, otherwise Talfeeq is not disapproved by any scholar.

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Nov 04, 2019

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