Unity of the session (ittihad al-majlis)

اتحاد المجلس

The unity of the session is the single sitting in which a word or act occurs. It is wider than the seat: it can hold while standing, and it can hold when place and posture change. ¹ It affects contracts, exchange of ribawi goods, salam, marriage and khul', the renewal of ablution, vomiting, prostration of recitation, repeated divorce, oaths, zihar and expiation in ihram. ¹ All schools agree that turning away from an offer ends the session. ²

Summary

Unity of the session is the single sitting in which a word or an act takes place. It is wider than the seat, since it can hold while standing and when place or posture changes. ¹ Hanafis distinguish a real session, where the parties move more than two steps, from a constructive session, where the custom treats an act as breaking it. ³

Contracts and exchange

Hanafis, Shafi'is and Hanbalis require one session for a contract to form, and all schools agree that turning away from an offer ends it. ⁴ ² Exchange of ribawi goods must be made hand to hand within the session. ² The three schools require the capital of a salam contract to be handed over in the session, while the Malikis allow a delay of three days. ⁵ On marriage there are three views: one session without immediacy, immediacy, or validity despite separation. ⁶

Worship

On renewing ablution in one session there are three views: disliked, recommended once, or disliked when repeated many times. Most jurists recommend renewal before each prayer whatever the session. ⁷ For prostration of recitation, Malikis and Hanbalis repeat it with each occurrence of the verse, while Hanafis do not repeat it when session and verse are the same. ⁷

Divorce, ila and zihar

Repeating divorce in one session with intent to repeat yields three divorces in the view of the four schools; when the words are repeated without qualification the usual result is three among the Hanafis, Malikis and Hanbalis. Ibn Abbas and others held that triple divorce pronounced at once counted as one in the early period. ⁸ Repeated oaths of ila in one session are one oath for the Hanafis when intended as emphasis. ⁹ In zihar, the expiation is not multiplied by repetition in one session among most jurists unless renewal is intended. ⁹

Ihram

Expiations for prohibitions in ihram overlap only when they are of one kind. A repeated act in one place and in one continuous session gives one fidya in the majority view. ¹⁰

Where it is discussed

Each chapter of the law treats its own session rules; the cause-unity question is treated under ittihad al-sabab. ¹

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1475

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1479

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1477

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1478

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1480

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1481

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1476

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1484

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1486

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1483

Biting and the liability for injury it causes (add)

In the lexicon, add is gripping a thing with the teeth and holding it. If a person bites another without right and a wound results, the biter must pay the damages for the wound, assessed as a just award by experts. If one man bites another's hand and the bitten man pulls it free so that the biter's front teeth fall out, most jurists hold that there is no liability, relying on a prophetic judgement in such a case; the Shafi'is limit this to a bitten man who chose the easiest means of release, and the preferred Maliki view requires compensation.