The Application of the Jurisprudential Rule of 'Restricting the Unrestricted' (Ḥaml al-Muṭlaq 'alā al-Muqayyad) in Al-Ḥāfiẓ Ibn Ḥajar's Fatḥ al-Bārī: An Analytical Study from the Book of Ablution (Kitāb al-Wuḍū') to the Book of Dry Ablution (Kitāb al-

Abstract

This research aims to study the application of the jurisprudential principle of "Restricting the Unrestricted" (Ḥaml al-Muṭlaq 'alā al-Muqayyad) by Al-Ḥāfiẓ Ibn Ḥajar al-‘Asqalānī in his work "Fatḥ al-Bārī: Commentary on Ṣaḥīḥ al-Bukhārī," focusing specifically on the section of Purification (Kitāb al-Ṭahārah), from the Book of Ablution (Wuḍū’) to the Book of Dry Ablution (Tayammum). The researcher adopted an inductive-analytical method to trace the instances where Ibn Ḥajar employed this principle to resolve apparent contradictions between texts. The study revealed Ibn Ḥajar's proficiency in harmonizing textual evidences by applying the unrestricted text within the framework of the restricted one when both the legal ruling (ḥukm) and the cause (sabab) were consistent. This was evident in issues such as touching the penis with the right hand, mixing water with soil (at-tatrīb) when washing a vessel licked by a dog, and the quantity of water required for the major ritual bath (ghusl), among others. The findings demonstrated his adherence to the foundational principles agreed upon by the majority of scholars (al-Jumhūr), highlighting his diligence in achieving coherence between texts and dispelling any presumption of genuine contradiction. The research concluded by affirming the esteemed value of "Fatḥ al-Bārī" as an authoritative reference that masterfully combines transmitted knowledge (al-riwāyah) with intellectual comprehension (al-dirāyah). It recommended expanding the study to include applications of this principle in other jurisprudential chapters.