Section
If that is absent, one refers back to what the term encompasses, and this is threefold: legal, linguistic, and customary, …
His statement, “If that is absent, one refers back to what the term encompasses”: this is the fourth level. That is, if there is no intention, no reason, and no specification, then we refer back to what the term encompasses. What is meant by “what it encompasses” is what the term denotes. Here, “term” does not mean a noun as opposed to a particle; rather, it means the matter sworn upon—that is, the wording on which the oath was made. Thus, one refers back to what that term encompasses in the matter sworn upon.
His statement, “And this is threefold: legal, literal, and customary”: terms are divided into three categories: legal, linguistic, and customary. Thus, terms may have a legal denotation, a linguistic denotation, or a customary denotation.
At times, these denotations coincide in a single word, such that the word has one and the same meaning in language, the Sacred Law, and customary usage. At other times, its meaning in language differs from its meaning in the Sacred Law, while its meaning in customary usage differs from both its legal and linguistic meanings.
What is meant here by language is the Arabic language, and what is meant by custom is customary usage.
His statement, “And this is threefold: legal, literal, and customary”: if these three agree regarding the denotation of a word, there is no difficulty. The difficulty arises when they differ: which of them takes precedence? The author will explain this.
Thus, the linguistic, legal, and customary denotations of “the sky” are all the same,