Idha taradda al-aamm wal al Khaass quddimal Khaass (When a specific statement contradicts a general one, preference is given to the specific.
A general ruling or statement is the one that encompasses all that suits it all once. It can be identified by the use of such words as "Kull" "Jamiiu"; by interrogative pronouns such as "man"; by relative pronoun such as "alladhi" or by a definite noun in the context of forbiddance or negation e.g. maa min rajulin" i.e. there is no man. etc. However, the principle is that a general text or ruling should maintain its general implication so as to accommodate all the individual items falling under its generality.
For instance, if somebody says:"I have set free my slaves". What one understands from this statement is that he sets free all his slaves. Although he may mean some of his slaves by his statement, we will not take it to mean some slaves unless there are qaraain (Indications) to this. These indications are called mukhassisaat i.e specifying evidences. While the act of specifying a general text or ruling is called "takhsees". This means the explanation of the intended meaning in ageneral text or statement by limiting it only to some members of the general and excluding some.
Nevertheless, there are two types of specifying evidence; AI-mukhassisaat al- muttasilah (the connected specifying evidence) and al-mukhassisaatu al-munfasilah (the disconnected specifying evidence).
Mukhassisaat Muttasilah The mukhassisaat muttasilah are those specifying evidences that are contained in the same text as the general and this can be by any of the following methods: By Exception: e.g. Allaah says while addressing Shaytan: "Certainly, you shall have no authority over My slaves, except those who follow you of those who have astray" (Q15[Hijr]:42)
By Description e.g. (assifah): Allaah says: "And whoever kills a believer deliberately his reward is Hell.;.," (Q4[Nisaa]:93).
The adverb "deliberately" is a specification that suggests that (somebody) who kills a believer undeliberately will not be thrown in Hell, rather a different ruling applies to him.
By Conditioning (Ash-shart): Allaah says: "As for those of your slaves who seek writing of (emancipation), give them such writing if you find good and honesty in them .... "(Q24[Nur]:33).
The phrase "if you find any good and honesty in them" is a specification which suggests that not every slave that seeks emancipation will be given but only those who possess goodness and honesty.
This article was culled from the publications of Deen Communication Limited