Hukum of the person prevented due to disease or by the enemy.
Hukum of the person prevented due to disease or by the enemy.

Book:

The Book of Hajj - كتاب الحج.

Chapter:

Discussion of the Person Prevented

Section:Person who relinquishes the throwing of pebbles
Topic/Issue:3601 - Hukum of the person prevented due to disease or by the enemy. --
Opinions:
Opinion FromOpinionExplanation
Imam ShafiIn the verse, the person prevented means the person besieged by the enemy. They argued on the basis of the words of the Exalted in 2:196, "And whoever among you is sick dr hath an ailment of the head must pay a ransom of fasting or alsmgiving or offering ". They asserted that if (in the first case) he was prevented by disease, what was the point of mentioning disease once again?

They said that the fourth and the first forms of the verb, while they share the root meaning, convey separate shades of meaning. The first form is used when one does something to another, while the fourth form is employed to convey the idea of being exposed to suffer that action. Hence the first form hasara is more suitable for sickness, as the enemy is merely the cause of the confinement while disease is the direct actor in prevention.

The word "amn" (safety) is never used except for the absence of fear of the enemy and when it is used in the case of disease it is a figurative application, but figurative use is not to be resorted to except for something that necessitates the departure from the literal application.
Imam Malik,Imam Abu HanifaIn the verse, it is the person prevented by diseaseThey argued that al-muhsar is the passive participle of the fourth form, that is, "to be obstructed by illness ", and this form by itself is not used (in Arabic) to denote one besieged by the enemy. What may be used in case of prevention by the enemy is the first form of the verb "basara "

They said that disease has been mentioned again in the verse as disease is of two types: disease that prevents and disease that does not prevent. They added that the meaning of the words of the Exalted, "And if ye are in safety ", is safety from disease
Evidences :1 - Quran [2:196] [Hide/Show]
Tags :Worship,Ihram,Hajj, Prevent, Disease, Enemy
References:1[pg:419]
Last Updated:2011-06-19

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