Transaction of Jurisprudential (Fiqhî) Specific Rules with Narrations: Example of Semen as Dirt

• Main Author: Fikret ÖZÇELİK
• Format: Article
• Language: Turkish
• Published: Amasya University 2020-12-01
• Series: Amasya İlahiyat Dergisi
• Subjects: hadith; jurisprudential specific rules; semen; cleanliness; sect imams
• Online Access: https://dergipark.org.tr/tr/pub/amailad/issue/58025/794099

One of the controversies issues related to Hadith science is associated with the criteria to accept the narrations as authentic or weak. Within this context, it is a fact that various methods have been used to understand, evaluate and determine the authenticity of the narrations. Because of this fact that different approaches have been raised in understanding and interpreting the hadiths since the early period. In relation to this, it has also become inevitable that different views and sects emerged. On the other hand, the Qur’an, sunnah and ijtihad, which are universal rules and jurisprudential specific rules, have developed and systematized as a separate genre in classical fiqh literature. Also, it is seen that the scholars concluded different results about narrations the accepting a hadith as authentic and put forward some jurisprudential specific rules while making inferences (istinbât) on the issue as a result of different understanding in understanding and interpreting the hadiths. In this study, it is aimed to investigate the narrations about semen as dirt within the context of jurisprudential specific rules. Firstly, the narrations on the subject in the basic hadiths sources were determined. The authenticity status of these determined narrations were explained in terms of isnad. Then, the interpretations that especially sect imams and scholars made on these narrations in terms of jurisprudential specific rules were mentioned. Also, the effects of narrations on the jurisprudential specific rules were also pointed out. As a result of the investigations carried out, more than one narration about semen was identified, and it was seen that these narrations were authentic in terms of isnad. In addition, it was established that the content of the narrations is the washing and rubbing the semen. As far as it was determined, there is no statement directly belonging to Prophet about semen as dirt (najis). In this case, it was seen that scholars interpreted the narrations within the framework of jurisprudential specific rules that they developed and found some inferences (istinbat). According to Hanafis, semen is najis whether it is wet or dry in all cases. They tried to prove their views with jurisprudential specific rules as well as some narrated evidences as “Whatever causes dirt is najis in its own right.”. Likewise, Hanafis said that semen is najis by comparing it to urine and menstruation blood. It is seen that Hanafis, who accept the Ferk narration, prioritized the jurisprudential specific rules about the issue that semen is najis. In addition to this, in the Hanafi sect, “it is wajib to wash away something najis” is a well-known jurisprudential specific rule. However, Hanafis made an exception when the semen was dry; and they found it sufficient to rub the dry semen away. So, the narration was preferred to jurisprudential specific rule. Mâlik b. Enes accepted semen as najis and claimed that it must be washed. In addition, Mâlik did not consider the rubbing as sufficient; and he did not accept such an application. In Shafi’îte sect, such a jurisprudential specific rule is valid as “Every liquid discharged from front or back of a person is najis.” According to this, feces, urine, blood and semen are to be accepted as najis. However, semen was exempted from this jurisprudential specific rule, and considered as clean. They put forward some logical evidences, comparisons and ferk narration narrated by Aisha as a justification. That is to say that Shafi’îtes preferred the narration to their general principles. Ahmad b. Hanbal also said that semen was clean. Those, who consider the sufficient to rub away the semen, accepted the narrations expressing that the semen should be washed away as authentic. According to them, rubbing act was performed not for the fact that semen is najis, but it was like cleaning mubah things such as saliva and soil. Based on this particular example, it is understood that the narrations affect the jurisprudential specific rules, and at the same time the jurisprudential specific rules are also effective in understanding and interpreting the narrations. In addition, the jurisprudential specific rules can vary according to scholars and sects. Though there are the jurisprudential specific rules on which all scholars and sects agree, it is not possible to tell this for all jurisprudential specific rules. And this paves for controversies and different approaches in understanding and evaluating hadiths. It is possible to see the plain example of this in the example of semen as dirt (najis).