Inquiries on the Science of the Objectives of Sharia (Part 24)
F: Sabr and Taqsim (Discrete or Connected Conditional Comparison)
1. Definition and Types of Sabr:
“Sabr” in Arabic means experience, testing, and examination, while “Taqsim” means separation.
In Usuli terminology, “Sabr” and “Taqsim” refer to the limiting and collecting of attributes that can be explained generally, as well as separating them to examine each in detail, ultimately determining specific attributes for causality and excluding other attributes from consideration.
For example, the text about the prohibition of wine has been included, but the hadith stating that “All wine is intoxicating” has either not reached one of the mujtahids or has reached one but is not considered authentic. In this case, the mujtahid discusses the reason for the prohibition of wine through Sabr and Taqsim. For this purpose, he collects and analyzes the attributes that may be the reason for the prohibition of wine. These attributes may include whether wine is made from grapes, whether it is a liquid, or whether it is intoxicating. He then evaluates these attributes based on the conditions of causality, ruling out the first attribute (that wine is made from grapes) as it is insufficient and does not represent the basis of the ruling. The cause must be an attribute that can be extended to others, which does not apply here. He also rejects the second attribute (that wine is a liquid) for the same reason, as this characteristic is incidental; it has no relation to the ruling and cannot affect it. Thus, he accepts the third attribute, namely, that it is intoxicating, because this is a clear and pertinent attribute for the ruling.
Sabr and Taqsim can be divided into two cases and assumptions regarding exclusiveness in negation and affirmation or its absence:
If exclusive Taqsim is between negation and affirmation, it takes the form of a separate true case. For instance, to discover the cause, one might say: either a certain attribute is the cause, or another is. If this separation of attributes is performed correctly and the correct cause is chosen, it leads the jurist to a definitive conclusion. However, if the separation of attributes and measurement is hypothetical, its validity depends on conditions such as the suitability of the description with the ruling, or the limitation of the cause to a specific description, and so on.
The statement of these conditions in the latter case does not impact the process of deducing a religious ruling unless we consider the high levels of suspicion that are close to certainty as the criteria. The ruling must fundamentally rely on an appropriate description. If the cause is not compound, then Sabr and Taqsim are exclusive in all attributes.
If Taqsim is not confined to negation and affirmation, then the interpretation of Taqsim is broader. However, there may be other possible attributes for which the mujtahid is unaware. The result is deemed doubtful because some scholars of Usul categorize it as doubtful Taqsim.
2. The Validity of the Method of Sabr and Taqsim
It appears that if a religious ruling is inferred using this method, achieving certainty about the criterion is valid and thus confirms the reliability of the method. This is particularly relevant in instances of refining patterns. However, the discussion centers on the limited scope of analogy—specifically, whether certainty can be achieved solely through this method. Some Hanafi scholars of Usul stipulate that after Sabr and Taqsim, the compatibility of the cause with the religious ruling must be confirmed either by textual evidence or consensus. Even when confirmation is derived from text or consensus, the criterion is ultimately reached through these sources, not through Sabr and Taqsim alone. This perspective does not regard Sabr and Taqsim as evidence.
Ibn Sabki asserts that most Sunnis act in this manner because acting with Sabr and Taqsim is viewed as acting on suspicion within Islamic law, and acting upon dominant suspicion is both necessary and correct in this legal framework.
By admin2