What is the meaning of al-ma'arid (euphemistic expressions) and when are they permissible?
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The student: Al-ma'arid...?
The Shaykh : Al-ma'arid means to veil something that is contrary to the reality, meaning, as if he is asking when al-ma'arid are permissible?
Al-ma'arid are permissible if there is a benefit or the repelling of harm, and the use of al-ma'arid is on three levels:
The first level: injustice, the second: repelling injustice, and the third: what is neither this nor that. Injustice is when a person uses al-ma'arid to evade a right owed to him, and repelling injustice is when he uses al-ma'arid to repel injustice from himself, and what is neither this nor that is like using them in permissible matters.
An example of the first: Zayd and 'Amr disputed before the judge, and 'Amr owed Zayd one hundred dirhams. The judge said to the plaintiff: Do you have evidence? He said: No. The judge said: You have the oath upon your opponent. The defendant said: By Allah, I have nothing for him. The apparent meaning of the phrase is negation, but in his heart he intended affirmation, and he intended the opposite of what he said. The estimation of the speech according to his intention is: By Allah, I have something for him. This is true; he has something for him, but he veiled it by using the negative "ma" and claiming he had nothing. The judge will rule that it is a negation based on the apparent situation. We say that this euphemism is forbidden, because he used it to evade a right owed to him. Likewise, in a lawsuit, if his opponent said to him: I am satisfied with you if you swear that you have nothing for me, and he swore using a euphemism, it is forbidden for him.
As for repelling injustice, it is like swearing to repel injustice from oneself or another. An example of that: A thief or an unjust soldier entered upon him wanting to take his money and said: Open this box for me. He said: By Allah, there is nothing in this box. The person addressed will assume the sentence is a negation and will leave, while he intended affirmation with it. There is no doubt in the permissibility of this euphemism. In fact, if the money belongs to another, such as if a person comes and says: So-and-so has such and such with you, and I say: By Allah, I have nothing for him, knowing that if I informed them, they would take it.
The Shaykh : Al-ma'arid means to veil something that is contrary to the reality, meaning, as if he is asking when al-ma'arid are permissible?
Al-ma'arid are permissible if there is a benefit or the repelling of harm, and the use of al-ma'arid is on three levels:
The first level: injustice, the second: repelling injustice, and the third: what is neither this nor that. Injustice is when a person uses al-ma'arid to evade a right owed to him, and repelling injustice is when he uses al-ma'arid to repel injustice from himself, and what is neither this nor that is like using them in permissible matters.
An example of the first: Zayd and 'Amr disputed before the judge, and 'Amr owed Zayd one hundred dirhams. The judge said to the plaintiff: Do you have evidence? He said: No. The judge said: You have the oath upon your opponent. The defendant said: By Allah, I have nothing for him. The apparent meaning of the phrase is negation, but in his heart he intended affirmation, and he intended the opposite of what he said. The estimation of the speech according to his intention is: By Allah, I have something for him. This is true; he has something for him, but he veiled it by using the negative "ma" and claiming he had nothing. The judge will rule that it is a negation based on the apparent situation. We say that this euphemism is forbidden, because he used it to evade a right owed to him. Likewise, in a lawsuit, if his opponent said to him: I am satisfied with you if you swear that you have nothing for me, and he swore using a euphemism, it is forbidden for him.
As for repelling injustice, it is like swearing to repel injustice from oneself or another. An example of that: A thief or an unjust soldier entered upon him wanting to take his money and said: Open this box for me. He said: By Allah, there is nothing in this box. The person addressed will assume the sentence is a negation and will leave, while he intended affirmation with it. There is no doubt in the permissibility of this euphemism. In fact, if the money belongs to another, such as if a person comes and says: So-and-so has such and such with you, and I say: By Allah, I have nothing for him, knowing that if I informed them, they would take it.