BENEFIT: A well-known fiqhi principle
28 August 2024 • 257 views
يثبت تبعًا ما لا يثبت استقلالاً
"Something may be affirmed/permitted when it is considered as a part of a whole, but not when it stands alone independently."
-> "Independent" refers to something that exists as a separate, standalone entity.
-> "Dependent" refers to something that is attached to or follows from another thing.
This means that one ruling may be applied to something when it is dependent on or attached to another entity, but a different ruling may be applied when it stands alone independently.
There are many examples of this principle, but I will suffice with five:
EXAMPLE 1:
It is not permissible to undertake a journey (safar) specifically to visit the Prophet's grave, according to the saying of the Prophet ﷺ:
((لَا تُشَدُّ الرِّحَالُ إِلَّا إِلَى ثَلَاثَةِ مَسَاجِدَ: مَسْجِدِ الْحَرَامِ وَالْمَسْجِدِ الْأَقْصَى وَمَسْجِدِي هَذَا))
"One must not undertake journeys except to three masjids: Al-Masjid Al-Haram (in Makkah ), Al-Aqsa mosque, or this masjid of mine (Masjid An-Nabawi in Madinah)." [Agreed upon]
Sheikh ’Uthaymeen raḥimahullāh states:
«لا يجوز للإنسان أن يشد الرحل لزيارة قبر من القبور أياً كان صاحب هذا القبر»
"It is not permissible for one to undertake a journey specifically to visit a grave, regardless who the grave belongs to."
[Fatāwā Nūr ’Alā Ad-Darb (7/196)]
However, if the intention is to visit the grave as a secondary part of traveling to the Prophet’s masjid, this is acceptable.
Sheikh Ibn Baz rahimahullah said:
«المشروع لمن أراد زيارة قبر النبي ﷺ وهو بعيد عن المدينة أن يقصد بالسفر زيارة المسجد النبوي، فتدخل زيارة القبر الشريف وقبري أبي بكر وعمر والشهداء وأهل البقيع تبعا لذلك، وإن نواهما جاز؛ لأنه يجوز تبعا ما لا يجوز استقلالا»
"It is recommended for anyone wishing to visit the Prophet’s grave ﷺ while being far from Madinah, to intend their journey for the purpose of visiting the Prophet’s masjid. Thus, visiting the grave of the noble (Prophet ﷺ), as well as the graves of Abu Bakr, ’Umar, the martyrs, and the people of Al-Baqee’, would then be included as a SUBSIDIARY part of the visit. If one intends to visit these graves as well, it is permissible because:
يثبت تبعًا ما لا يثبت استقلالاً."
Source:
https://binbaz.org.sa/fatwas/2277/%D8%AD%D9%83%D9%85-%D8%A7%D9%84%D8%B3%D9%81%D8%B1-%D9%84%D8%B2%D9%8A%D8%A7%D8%B1%D8%A9-%D9%82%D8%A8%D8%B1-%D8%A7%D9%84%D9%86%D8%A8%D9%8A-%EF%B7%BA
EXAMPLE 2:
When it comes to fruits, if you come to an orchard intending to purchase it, you are not allowed to buy it until the fruits start to turn yellow or red. But does that mean you have to wait until all of them are yellow or red? No, only some of them need to change, while the rest can be purchased as dependent on the ones that have ripened. It is not reasonable to expect all the fruits to ripen at the same time, turning entirely yellow or red. Some might still be in bloom, others may just be starting to ripen, and some might not have ripened yet, but the process of turning yellow or red has begun for the rest.
This was an example given by our Sheikh ḥafidhahullāh:
https://t.me/sh_yahia_duroos/15215
EXAMPLE 3:
Selling milk directly from the udder is prohibited due to uncertainty and the inability to fully ascertain its quantity. However, if one sells a milking sheep, which contains milk, it is allowed, as the validity of the contract concerning the milk is considered subsidiary.
EXAMPLE 4:
An infant's religious affiliation is considered dependent on that of their parents. A child's Islam, for example, is recognised and established based their parent's, even if the child has not verbally declared their testimony of faith. The Prophet ﷺ said:
((فَأَبَوَاهُ يُهَوِّدَانِهِ أَوْ يُنَصِّرَانِهِ أَوْ يُمَجِّسَانِهِ))
“So his parents may make him Jewish, Christian, or Zoroastrian.” [Agreed upon]
NOTE: Examples 3 & 4 were mentioned by Sheikh ’Uthaymeen raḥimahullāh in his explanation of his 'Mandhūmah fee Usūl Al-Fiqh wa qawā’idih'
EXAMPLE 5: