. JI ದ : ; (cont.)

Similarly, the principle that "all water is considered pure as long as its nature, smell or color has not changed" is also not a fiqh maxim because it only deals with the topic of purity. 1 Some scholars, in particular the Dhahiris, would object to that statement. However, that is the majority and strongest view. A detailed discussion of that point, though, is beyond the scope of this work. 2 The fiqh maxims, as is the case here, may also be directly derived from a verse in the Quran or a hadith of the Prophet (peace be upon him). 3 lbn Nujaim's statement is from the commentary on his work, al-Ashbaahu wa al-Nadhair: Ahmad al-Hamawi, Ghamz Uyoon al-Basaair Sharh Kitaab al-Ashbaahu wa al-Nadhaair ੫Beirut: Daar al-Kutub al-Ilmiyah, 1985), vol. 1 , p. 34. Jalaal al-Din al-Suyooti, Al-Ashbaahu wa al-Nadhaair fl Qawaid wa Furoo Fiqh al-Sha.fiiyah (Daar Ihyaa al-Kutub al-Arabi), p. 8. He quotes al-Subki as saying that it is only through difficult or far-fetched explanations that one can trace all of the fiqh back to at least one of these fiqh maxims. Al-Subki's comment is definitely true but it does not negate the fact that the meaning and implication of these five fiqh maxims reverberates through a great deal of fiqh rulings. Commentary on the Forty Hadith of al-Nawawi the thief and, therefore, it should not be allowed based on this hadith. However, such has been sanctioned by the shareeah. This proves that cutting off the hand of the thief is either in reality not a dharar or it is a kind of dharar that is exempted from the general rule. Second, the jurist would try to determine previous rulings on the particular issue. Previous scholars may have derived something directly from the Quran and sunnah and not relied upon the general principle. If a new case arrives and the scholar can find no texts or previous rulings related to the question, then he may resort to the fiqh maxim to make his conclusion. 1 The Fiqh Maxims Related to This Hadith A number of fiqh maxims are directly related to or derived from this one brief, comprehensive statement of the Messenger of Allah (peace be upon him). These include the following: (1) "There is to be no harm nor reciprocating of harm." As mentioned earlier, the words of this hadith in themselves make a fiqh maxim that is accepted and applied by all four schools of fiqh. According to al-Suyooti, numerous fiqh rulings are directly related to this fiqh principle. Of the many examples he mentioned, he included the principle of preventing a person who is not spending his wealth properly from being able to dispense with his wealth. He says that even the fighting against the polytheists and renegades falls under this principle.2 Particular examples of the application of this fiqh maxim would include the following: If a person rents farm land from another person and his lease ends just prior to harvesting season, perhaps due to a late harvest, then he is allowed to continue his lease at its old rate until the harvest comes in. This is to prevent him from being harmed as he was the one who sowed and worked the field and he is deserving of its harvest. A second example would be: If a person agrees to buy something perishable from a seller and, before the exchange of money and goods, the seller cannot be found, then the buyer has the right to negate that contract and purchase those perishable goods from somebody else if he fears that they would spoil during the time it would take him to find the seller. This ruling, obviously, is based on the goal of preventing harm to the buyer.3 A third example is: It is permissible to imprison a person of means who refuses to support his children or other relatives that must rely upon him. It is considered permissible to beat such a person if he continues in his refusal to support those who rely upon him. This is obviously meant to repel the harm 1 Cf., Ali Ahmad al-Nadwi, Al-Qawaaid al-Fiqhiya (Damascus: Daar al-Qalam, 1986), p. 295. 2 Al-Syuti, al-Ashbaah, p. 93. 3 Cf., Muhammad Sidqi al-Boomu, Al-Wajeezfi Eedhaah Qawaaid al-Fiqh al-Kuliyyah (Riyadh: al-Maktabah al-Maarif, 1990), pp. 196-1 97. ·ve1 tand !t is .me 1ed raJ us ʩe Hadith #32: "There is not to be Causing of Harm . . . " that would come to those who cannot support themselves and who are not being supported by one who is financially capable and responsible.' The scholars have understood from this principle that harm must be repelled and prevented from existence to the maximum amount reasonable. They have also understood that both harm of a general nature as well as of a specific nature are to be prevented. In addition, if harm exists, it is to be removed as well as prevented from repeating itself.2 Therefore, they have derived the following fiqh maxims that are directly related to their understanding of this particular hadith.