3. Examples of his Ijtihad and Qiyas

• Ijtihad is the general title of using human analytical and logical reasoning. • Qiyas is one of the means of Ijtihad. Qiyas extends the rule of an original case in the Qur’an or Sunnah to a present one. For example: Drugs and wine share the same effective cause of intoxication so the rule of prohibition of wine is extended to drugs. a. Making up days of fasting for a deceased person Ibn 'Abbas (Allah be pleased with both of them) reported: A woman came to the Messenger of Allah (may peace be upon him) and said: My mother has died, and fasts of a month are due from her. Thereupon he said: Don't you see that if debt was due from her, would you not pay it? She said: Yes (I would pay on her behalf). Thereupon he said: “The debt of Allah deserves its payment more than (the payment of anyone else)” (Muslim). b. Permitting a fasting person to kiss his wife as he is allowed to rinse his mouth Umar ibn alKattab said: “I slipped and kissed (my wife) while fasting. So I came to the Prophet (Peace Be Upon Him) and said: I have committed a grave matter today. The Prophet asked: “And what is it?” I replied: “I kissed (my wife) while fasting”. The Prophet said: “What if you rinse your mouth with water?” I said: “There is no harm in that?” The Prophet said: “What has (harm in it) then?” (ibn Hajar) It’s like rinsing your mouth, so it doesn’t break your fast. But it might lead to that, the same way if you who rinse your mouth in the summer and drink water by mistake.