Thread by @sirnucy

A BRIEF EXPOSITION ON THE LEGAL MAXIM المشقة تجلب التيسير

1. The meaning of this maxim is, “Difficulty necessitates ease”. One of the unique & distinctive qualities of the Islamic law is its flexibility in all circumstances. As a law enacted by the Most Merciful, it takes into

2. consideration certain exigencies and human deficiencies that might imepede fulfilling some religious obligations. Thus, the above maxim serves as a temporary relief & panacea for such dire situations. For example, the absence of a pure & purifying water, or difficulty in

3. using it due to illness or injury (etc.) necessitates ‘Tayammum’. Another example is permissibility of combining two Salāts (Dhuhr & Asr, Maghrib & Ishā’i) due to rain, extreme sunshine, travel, sickness, medical treatment, examinations, etc that may not permit praying each

4. prayer at its appropriate time. The evidence for this maxim is the verse of the Qur’ān: يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ “Allah intends ease for you, not hardship.” Some of the reasons for these legal reliefs are: sickness, travel, coercion,

5. ignorance, forgetfulness, as well as other legal impediments such as insanity, immaturity, menstrual flow, etc. Muslim scholars have explained this maxim using 5 other maxims. These are:

a. “Necessities render prohibited things permissible” الضرورات تبيح المحظورات. e.g.

6. The permissibility of consuming dead meat, or pork or consuming intoxicants in a life threatening situation to avert death. If a person’s life is at stake due to extreme hunger & the only food available is harām, it becomes halāl to avert the impending danger.

7. The second maxim is الضرورات تقدر بقدرها “necessities shall be estimated by the extent thereof.” For example, if a lady requires medical attention, & the doctor is male, & he has to uncover her body or touch her to diagnose & treat her, he’s not permitted to go beyond what is

8. required of him to effect the treatment. He should not uncover her awrah or touch her except such is necessary. Also, if a person is injured and is required to wear bandage or plaster on the injured limb, he’s not permitted to extend such coverings to other parts that are

9. subject to ablution or ritual bath except it be necessary. The third maxim is, إذا ضاق الأمر اتسع “when a matter becomes straightened, it expands.” For instance, allowance is given to a widow who’s still observing the waiting period to leave her house for a pressing need.

10. such as treatment or purchasing her basic needs, if there’s no one to help her out with it. Also, a sick person is allowed to pray at home if going to the mosque would constitute difficulty to him. The fourth maxim is, لا واجب مع العجز “There’s no obligation with inability.”

11. This means that one who is unable to carry out an obligation is legally excused from it. For instance, a person without limbs is not required to wash them during ablution or ritual bath. Also, a poor man who has no nisāb for Zakāt is exempted from giving Zakāt.

12. The fifth maxim is, الميسور لا يسقط بالمعسور “What can be done with ease is not dropped because of what can be done only with hardship.” An example of this is an injured person who wears bandage over a limb that he’s supposed to wash during ablution. What is expected of him

13. is to wash the unaffected parts and and do tayammum on the affected limb. It is not permitted for him to ignore ablution all together and resort to tayammum. Also, if a person cannot perform rukū’ due to injury to his spinal cord, he’s not permitted to pray sitting so long as

14. he can stand in prayer without difficulty. Rather, he should pray standing and make gestures for rukū’ & sujūd. This is because standing in prayer is one of its pillars.

May Allāh grant us understanding.

Sanusi Lafiagi