Khafa' (hidden meaning in usul)

الخفاء

Khafa' is lexically concealment or disclosure of a thing, one of the words with two opposite senses, and the jurists use it for being hidden; for the usulis it is a word whose meaning is hidden by something in the form of the word or outside it. ¹ It is near to ishtibah, confusion, and to jahl, belief in a thing contrary to what it is; hiddenness may cause ignorance of existence or of place. ¹² The usulis divide words by the degree of hidden meaning into four ranks; the first, the hidden (khafi), is one whose meaning is obscured by something outside the form, as with the word thief which is hidden for the pickpocket and the grave-robber; the hiddenness may add or lessen what the ruling depends on, and the grave-robber is disputed: cut by the majority, not cut by Abu Hanifa and Muhammad. ² The second rank, the ambiguous (mushkil), is one whose meaning is obscured by entering a form that is not known except by a sign that marks it off. ² The hidden is the lowest rank and needs a little reflection; the ambiguous needs effort and inquiry; the general needs a clarifying statement from the lawgiver, and the unclear is the highest rank, calling for suspension and submission; the non-Hanafi schools treat all these as the general. ³ Example of the ambiguous: the verse on coming to your tilth as you wish has a word shared by where and how; context shows "how". The general includes prayer, zakat and usury. The unclear includes the disjoined letters at the head of some chapters and some divine attributes. ³ Hidden meaning and claims: a claim that contradicts itself is not heard, but contradictions born of hidden matters are forgiven, as with heirs who did not know a sale of the rest of a house by their father; claims of descent, freedom or divorce are heard on the same ground. The Hanbalis do not hear evidence after denial, unless the claimant then finds it. ⁴ Hidden impurity: if the place of an impurity on cloth or body is unknown, the whole is washed by the majority; the Hanafis accept washing one part in one view; on a wide place the Shafiis and Hanbalis allow sprinkling or praying anywhere, and the Malikis have two views. ⁵⁶ If one doubts impurity while sure of prior purity, prayer is valid by the Hanafis, Shafiis and Hanbalis; the Malikis distinguish the body and cloth. ⁶ Hidden defects in sale: defects inside melons, nuts and eggs give the right to return the goods; the Hanafis award the shortfall if the goods can still be used; the Malikis do not return for an inner defect unless the thing is changed; the Shafiis and Hanbalis separate by value. ⁷ A hidden debt appearing after the estate has been divided: if the heirs settle it, the division stands; if they refuse, the division is annulled. ⁸