Linguistic Causes of Scholars’ Disagreement
By Taha Jabir Al-`Alawani
A single word in a Qur'anic text or hadith may have several different meanings. The word `ayn, for example, can mean an organ of sight, running water, pure gold, or a spy. If such a word is used in a context where it is difficult to say precisely what it means, even scholars (mujtahidun) who try hard may give variant meanings which can be sustained by the text. Meanings may also be suggested which are totally at odds with the intended meaning of the word.
A case in point is the disagreement among jurists as to the true meaning of the word qar' in the verse: {And divorced women shall undergo, without remarrying, a period of three quru'.} (Al-Baqarah 2: 228) The word qar' (plural: quru') can either mean menstruation or purity following menstruation. The actual length of the waiting period can thus vary depending on which meaning is adopted. Some jurists from the Hijaz concluded that the waiting period should be three intervals of purity while jurists from Iraq concluded that it should be calculated on three occurrences of menstruation, which could mean a shorter waiting period.[1]
Sometimes an expression can have both a literal and a figurative meaning. There was, however, disagreement among some scholars on whether in fact it was at all appropriate that Qur'anic expressions should have figurative meanings. Most scholars confirmed that it was appropriate while a few, like Abu Ishaq Al-Isfarayini and Ibn Taymiyah, rejected such a possibility.
Those who did not agree that a Qur'anic expression might have figurative connotations argued that such connotations had no real bearing on the original usage of the word. Accordingly, the word "lion" for example cannot be taken to mean "a brave man." They argued that the Qur'anic texts came to clarify laws and not to confuse them, as figurative interpretations would tend to do. Our purpose here is not to debate this issue. The majority of scholars, as we have said, were of the opinion that figurative connotations of Qur'anic texts were admissible. Ibn Qudamah and other jurists in fact considered the rejection of figurative connotations as a mark of obstinacy.[2]
Nonetheless, scholars, in studying Qur'anic texts, did differ in their understanding of the purpose of the Lawgiver. If a word suggested two interpretations, some scholars opted for the literal meaning and some for a figurative meaning. The word mizan, for example, literally refers to a scale or an instrument for weighing things. Figuratively, it may have the connotation of "justice" as in the verse:
{And the firmament has He raised high, and He has set up the balance (mizan) in order that you may not transgress the balance. So establish weight with justice and fall not short in the balance} (Ar-Rahman 55: 7-9).
In its last occurrence, the word mizan above has the literal meaning of a scale used to weigh goods. In its first and second occurrences the word mizan may signify "justice" (`adl) or balance,[3] as in the following verse as well:
{We have sent Our Messengers with all evidence of this truth and through them We bestowed revelation from on high and the balance (mizan) so that mankind might behave with equity.} (Al-Hadid 57: 25).
Figurative speech is also to be found in the overall context of a Qur'anic passage as in the verse:
{Children of Adam! We have sent down (anzalna) on you clothes to cover your nakedness, and a thing of beauty} (Al-A`raf 7: 26).
The word anzalna literally means "We have sent down". Of course clothes were not "sent down" from the skies as clothes. A literal understanding of anzalna is therefore inadmissible. Anzalna may instead be taken to mean "We have bestowed the knowledge of making or using." This meaning would fit other occurrences of the verbanzala in the Qur'an as when God said that {He bestowed the knowledge of making or using (anzala) iron} (Al-Hadid 57: 25). We cannot translate this literally as "And God sent down iron."
Another possible explanation of God "sending down clothes" is that God sent down the rain and caused plants to grow. He also created animals with wool, fur, and hair, and from these we make clothes. Hence the verse may refer to the finished product as a manifestation of God's bounty rather than the original water which He sent down and which is described elsewhere in the Qur'an as the source of every living thing.
Apart from the meanings of individual words, linguistic difficulties arose over questions of grammar. It is common knowledge that a direct imperative of a verb, for example "Do!", often indicates a command to fulfill an obligation; the negative imperative "Don't do!" indicates prohibition. These imperative forms, however, are not always used in this absolute sense. The direct imperative form of a verb may be used, for example, to indicate a commendable course of action, offer guidance, give a warning, or convey some news. The command to {write out a deed of freedom} (An-Nur 24: 33) for any enslaved person requesting such a deed is taken by scholars either as an absolute command which has the aim of the abolition of slavery as a social institution or as indicating a commendable course of action. The command to the believers who give or take credit to {set it down in writing} (Al-Baqarah 2: 282) is regarded as offering guidance and advice. The command addressed to those who deliberately turn away from the Prophet's message to {Do what you will} (Fussilat 41: 40) is generally regarded as a warning against the consequences of obstinacy[4].
Apart from direct prohibition, the negative imperative may be used to encourage abstinence from acts which are improper or disliked, to offer guidance, or to convey some news. When God says: {So turn not your eyes [longingly] towards the worldly benefits which We have granted to some of those [that deny the truth]} (Al-Hijr 15: 88), the negative imperative "turn not your eyes" is taken to encourage abstinence from a potentially distressing attitude. And when God commands the believers: {Do not ask about matters which, if they were to be made manifest to you (in terms of law), might cause you hardship} (Al-Ma'idah 5:101), this is taken as offering guidance in avoiding undesirable curiosity.[5]
The varying ways of interpreting both positive and negative commands have contributed to differences among jurists in their approaches and in their methods of deriving laws from the texts of the Qur'an. Sometimes scholars may be at variance on the contextual use of words, even if they fully agree upon the meaning of the words. A case in point is the differences over the Qur'anic verse (Al-Baqarah 2: 282) which deals with the role of the scribe and the witness in the recording of business transactions. One interpretation, based on the reading of Ibn `Abbaas, gives the meaning of the verse as: "And let neither scribe nor witness cause harm." This interpretation takes the verb as being grammatically in the active voice: the scribe is taken to be guilty of writing something different from what had been dictated to him, and the witness guilty of giving false testimony.
Another interpretation, based on a reading of Ibn Mas`ud, gives the meaning of the verse as: "And let neither scribe nor witness suffer harm." This interpretation takes the verb to be grammatically in the passive voice: both the scribe and the witness might have harm done to them if they were forced to write or testify at a time when it was not convenient for them to do so. Harm could also come to a scribe and a witness, for example, by being held responsible for the eventual consequences of the contract as such, or for the nonfulfillment of any of its provisions by either of the contracting parties.[6]
Those who are interested in investigating such causes for differences in opinion will find many examples in individual words and in grammatical constructions. According to these differences, a text may be regarded, for example, as either general or specific, absolute or limited, summing up or clarifying. Our brief treatment of the subject here may encourage the reader to study these fascinating linguistic roots of juristic differences in the specialized works available.[7]
Notes:
[1] See al Qurtubi, Tafsir, 3/113; and Ibn Qudaamah, Al-Mughni, 9/77 ff.
[2] See Rawdat An-Naazir, 35 (Salafiyah ed.).
[3] Ibn Kathir, Tafsir, 4/270.
[4] See Al-Mahsul, 2/39 ff where fifteen forms of the imperative are listed.
[5] Ibid., 469. Also, Al-Aamidi, Ihkaam, 2/187 (Riyadh edition).
[6] See Ibn Al-Sayyid Al-Batlayosi, al Tanbih `ala al Asbab Allati Awjabat al Ikhtilaaf Bayna Al-Muslimin (Warning on the Causes Which Make for Disagreement among Muslims), 32-3.
[7] Ibid.
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