speak; this report was understood to refer to legally prescribed ablution, not merely washing away the blood. The same applies to the other prescribed acts mentioned. When someone states that he has performed ablution, prayed, fasted, or performed pilgrimage, he is understood to mean only legally prescribed ablution, prayer, fasting, or pilgrimage—not anything else to which these terms apply linguistically. His words are interpreted only in that sense. Likewise, when someone says, “I have established an endowment for my children,” he is understood to mean only his legally recognized children, to whom the rulings of Islamic law concerning inheritance and lineage apply—not children merely in the linguistic sense, who have no entitlement to inheritance or lineage, such as a child born of fornication or a daughter’s child. His statement can only be interpreted in this sense.
Section
Customary usage arises in speech from three sources:
The first is Islamic law. This has already been discussed, together with the evidence supporting it.
The second is linguistic usage, such as our use of dābba (beast) specifically for horses, mules, and donkeys among four-legged creatures, although linguistically the term applies to all living creatures that move. Allah, Mighty and Majestic, says:
“Allah has created every living creature from water. Among them are those that move on their bellies” [al-Nūr: 45]—and the rest of the verse.
The third is specialized usage, such as our calling someone learned in hadith and legal reasoning a faqīh (jurist), but not someone learned in other disciplines—even though, linguistically, the latter is a faqīh in the subject he knows and understands. Likewise, we call someone learned in the foundations of religious belief a mutakallim (theologian), although linguistically anyone who speaks and expresses his thoughts in words is called a mutakallim (speaker). Similarly, officials of the administrative bureau call a register a zimām, while camel handlers call a halter a zimām, and so forth. Thus, the expressions used by each group are interpreted according to its own customary usage and practice.