Ta'rid (allusion in speech: a veiled proposal in the waiting period, a charge of slander, protection of a Muslim from his pursuer, and a judge's allusion to retraction)

التعريض

Ta'rid is allusion, the opposite of plain statement: speech that may carry the intended sense or another. A veiled proposal to a widow in her waiting period is lawful by agreement; to one divorced irrevocably the Malikis, the more known Shafii view and one Hanbali view allow it, while the Hanafis forbid it. Allusion to slander is punished by the hadd for the Malikis if the context shows it, by discipline only for the Hanafis, and for the Shafiis is slander only if meant and the words can bear it. One may allude to kill a seeker who would take a Muslim back to unbelief. The judge may allude to a confessor to retract, in the sounder Shafii view, and it is recommended by the Hanafis and Hanbalis. ¹ ² ³ ⁴

Overview

Ta'rid is allusion, the opposite of plain statement: speech that may carry the intended sense or another. ¹

A veiled proposal to a widow

A veiled proposal to a woman in the waiting period for her husband's death is lawful by agreement, on the verse in the Surah of the Cow about alluding to a proposal to women (verse 235). ²

A veiled proposal to a divorced woman

Most jurists allow it to a woman divorced irrevocably in her waiting period; the Malikis, the more known Shafii view and one Hanbali view allow it, while the less known Shafii view and one of Ahmad's views forbid it. The Hanafis forbid it for any woman under a divorce, and link its lawfulness to whether she may leave her house. ²

Examples

Such as «you are beautiful; who would find one like you?» and similar phrases. ²

Allusion to slander

For the Malikis, one who alludes to slander is punished by the hadd if the context shows it, while a father is not so punished for his child; one view of Ahmad agrees. The Hanafis discipline without the hadd, for doubt. The Shafiis hold it is slander only if he meant it and the wording can bear it. ³

Allusion to a Muslim's pursuer

It is lawful to allude to a Muslim to kill one who comes to take him back to the abode of unbelief, like Umar's word to Abu Jandal: «the blood of one of them is the blood of a dog». ³

Allusion to a confessor to retract

In the sounder Shafii view the judge may allude to a confessing man to retract, as in theft «perhaps you took it without a keeper»; the Hanafis and Hanbalis recommend it, on the story of Ma'iz. ³ ⁴

Reference

Allusion is treated in marriage, waiting periods, penalties, truces and oaths. ⁴

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5412

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5413

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5414

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5415

Hadiyya (gift)

Hadiyya in the lexical sense is a thing of value sent to another as an honour; technically it is the transfer of a thing to another without return, a kind of gift (hiba) that differs in that it is carried to the recipient as a courtesy. It is complete when the giver sends it and the recipient takes it; no formula is required. The giver may retract before receipt, in the view of the majority. Where a gift comes in a container, the container is returned or held in trust depending on custom. At a circumcision or wedding, gifts suited to children go to the child, and others follow the kinship of the giver to the father or the mother. Gifts that officials and judges receive by virtue of office are forbidden; the Prophet's saying 'the gifts of officials are plunder' is cited. The imam may not accept gifts, according to the jurists. The mufti, preacher and teacher may accept, though it is better to refrain.