purchased one of Medina’s orchards and sent for me so that I might draft the terms of its purchase for him.” This was transmitted from him by Muhammad ibn Hātim ibn Zanjawayh al-Bukhārī (1) in his book “Establishing the Imamate of al-Siddīq”] (2).

As for verifying the applicability of the operative basis, this is unanimously accepted among Muslims. It consists in Allah expressly making a ruling contingent upon a general, universal attribute, after which one considers whether that attribute is present in particular cases (3) [or in types belonging to that general category] (4). Thus, He expressly required upright character and facing the Kaaba (5) [and prohibited wine and gambling, and prescribed the ruling concerning oaths (6 and prohibited carrion, blood, and pork 6)] (6), and other such matters.

Accordingly, one considers whether a disputed beverage is wine or not [such as intoxicating nabīdh] (7); whether a disputed game (8), such as nard or chess, constitutes gambling or not; and whether a disputed oath—such as swearing by Hajj, giving one’s wealth in charity, emancipation, divorce, prohibition, or zihār—falls within the category of oaths and therefore requires expiation, or within the legal acts made the object of the oath, so that one is bound by what one swore