Third: that he intends merely to refrain.

The first case is when he is making an original declaration. This may amount to disbelief. Thus, if he says, “As for this matter which Allah the Exalted has prohibited, I say that it is lawful, and I do not agree that it is prohibited,” this may render him a disbeliever. That is if he deems lawful something whose prohibition is necessarily known in the religion, such as wine, fornication, theft, or the like. As al-Maʿarrī is reported to have said concerning wine:

If it was one day forbidden by the religion of Ahmad,
Then take it according to the religion of Jesus, son of Mary.

But if he declares prohibited something whose prohibition is not unanimously agreed upon, then, if he does so through independent legal reasoning, he is subject to the rulings applicable to qualified jurists; but if he does so out of obstinacy, he is in danger.

The second case is one who reports that something is prohibited. Such a person is either truthful or lying. For example, if he says, “Allah the Exalted has prohibited this,” he is not saying, “I prohibit it,” and initiating its prohibition; rather, he is reporting that Allah the Exalted has prohibited it. We then say either that he is truthful or that he is lying. We examine whether Allah has prohibited it: if He has, we say to him, “You have spoken the truth”; and if Allah has not prohibited it, we say to him, “You have lied.” Hence, it is narrated from Ibn Abbas that when a man says to his wife, “You are forbidden to me,” he is told, “You have lied.” This is understood as referring to one reporting something; so we say: This is not correct. She is not forbidden to you; rather, Allah has made her lawful for you.

The third case is one who refrains: that is, he declares something prohibited in order to prevent himself from it, or in order to refrain from it. Both expressions have the same meaning; namely, that he intends only to refrain. This last case is what the author, may Allah have mercy on him, means in this discussion.