ولا يقتضي التكرار و لا يحتمله
And it (amr) does not demand repetition, nor does it encompass it
The difference between موجب and محتمل is that if it is موجب then the amr demands repetition, and this can be established without a qareenah (external factor), whilst if it is محتمل then it is only established with a qareenah. Therefore, if repetition is موجب then the default for an amr is that it should be repeated.
The proponents of the view that amr demands repetition, point to the hadith where the command for Hajj was revealed, al-Aqra’ b. Habis stood up and asked the Prophet ﷺ is this for every year? This indicates that Aqra’ b. Habis, who was a native Arab, understood the command for hajj to encompass the meaning of repetition, and therefore sought further clarification in this matter as he felt it might be difficult to implement the command for Hajj every year.
A practical application of this can be demonstrated by the following example; Zaid went to a Bakr’s house and he had a sweet jar. Bakr commanded Zaid to eat from the sweet jar. Now does Zaid have permission to eat from the sweet jar every time he comes to Bakr’s house, or does he need to get permission again? If repetition is موجب الامر then Zaid does not need to seek permission again to eat from the sweet jar. Those who hold that an amr may encompass the meaning of repetition, like the Shawafi’, will need to find a qareenah (external factor) which shows that Zaid may eat from the sweet jar. The Ahnaf will say that he does not have permission to eat from the sweet jar, and this command (or permission) must be established again.
Another example, as found in Nurul Anwar is the command صلوا (pray), according to the Shawafi’ would mean establish your salah many times. The Ahnaf hold that this command does not indicate repetition in and of itself, rather the reason they repeat salah is because its sabab (cause) is found, i.e. the time for prayer. So, whenever the sabab is found the amr will be repeated i.e. whenever it is time for prayer, they pray salah.
سواء كان معلّقا بشرط أو مخصوصا بوصف أو لم يكن
(Amr does not encompass the meaning of repetition and this is) regardless of whether it is dependent upon a condition or specified with a quality.
Some of the Shawafi; hold the view that if there is a condition or attribute attached to a command then the command is repeated every time the condition or attribute is found.
For example, the ayah {و إن كنتم جنبا فاطهروا}[1] The Ahnaf will say that the command is not repeated if the condition is found, rather if …
This example shows the effect of an amr with a condition; Zaid says to his wife if you leave the house then you are divorced. Here the condition is leaving the house. Therefore, according to some if she left the house once, she would be divorced, and then every time she leaves, she would be divorced again as the condition of leaving is found. The Ahnaf hold the view that she would only be divorced the first time the condition of leaving is found, and not thereafter.
لكنه يقع على أقل جنسه ويحتمل كله حتى إذا قال لها طلقي نفسك انه يقع على الواحد إلا أن ينوي الثلاث
(Amr does not encompass the meaning of repetition) however it occurs upon the minimum of its genus with the possibility that it may encompass all (i.e. the maximum of its genus). (Such as) when he (the husband) says to her (his wife) “Divorce yourself”, it will occur once (only, and not more), unless he intended three (divorces).
Allamah Al-Nasafi alludes to an objection one may make, that if the Ahnaf say that an Amr does not encompass the meaning of repetition then why do they allow it in certain cases, such as the case where a man says to his wife “divorce yourself”. In this case the Ahnaf say that it is possible for the wife to divorce herself three times. Although this looks like a case where the Amr is being repeated, Allamah Al-Nasafi brings this point to show that it is not a case of repetition, rather as the minimum of divorce is one (fardh haqeeqi), and the maximum is three (fardh hukmi), the Ahnaf say that the amr by default will mean one, but it may encompass the meaning of three due to it being the maximum of the genus i.e. the wife by default can only divorce herself once, unless the husband intended three.
ولا تعمل نية الثنتين إلا أن تكون المرأة أمة لأن صيغة الأمر مختصرة من طلب الفعل بالمصدر الذي هو فرد
And it (the amr) is not acted upon with the intention of (the husband to give) two (divorces), except if the wife is a slave-girl. For verily the word-form of an amr is derived from (the) seeking (of) the action from its root word, which is (in essence) singular.
The Ahnaf say that amr does not allow for repetition, however it may be repeated in certain cases such as when a husband says to his wife “divorce yourself”. In this case it encompasses the meaning of one divorce by default, and three if the husband intends so. It does not encompass the meaning of two, except in the case of a slave girl.
The reason it does not encompass two is because it is neither fardh haqeeqi (the default, which is one), nor fardh hukmi (the complete genus). However, in the case of a slave-girl the maximum divorce which they can get is two, therefore it is possible for the amr to be repeated twice if the husband intended it. This is because, in this case, two divorces is fardh hukmi so the slave girl may divorce herself twice as this is the maximum of the genus in this case.
Furthermore, in the arabic language, all verbs, and therefore commands, are derived from their root word (masdar). For example, when one says إضرب they are actually saying أطلب منك الضرب. As the root word is specified for singular, it does not encompass more than one, and therefore it is not possible that an amr which is derived from it can encompass the meaning of more than one by default.
ومعنى التوحّد مرعى في ألفاظ الوُحدان و ذلك بالفردية و الجنسية و المثنّي بمعزل عنهما
The meaning of singular is (also) considered in (differing) words of singularity. That is (the ruling of amr is applied to) fardiyya (singular) and (also to) jinsiyya (the total genus). And (the possibility of meaning) two (in any amr) is not considered.
If ones said to his wife divorce yourself this can be applied as fardiyya, so she can give herself one divorce and this will be the default. It can also apply to the total genus, so in this case the maximum number of talaq which can be given is three, therefore there is a possibility for three divorces to occur if the husband intended it. The wife will not be able to divorce herself twice as this is not considered, it can only apply to the minimum of the genus (which is one) by default, or to the maximum, which is three.
وما تكرر من العبادات فبأسبابها لا بالأوامر
That which is repeated from (the acts of) ibadaat, then it is due to its sabab (cause) and not because of the command.
A question may arise against the Ahnaf; if amr does not obligate repetition nor does it encompass it, then what is the reason for repeating acts of worship such as salah, zakah etc. The Ahnaf say that amr is not repeated due to the command in itself rather it is repeated when the sabab (cause) is found. For the repetition of a sabab (cause) indicates the repetition of of the musabbab (effect), therefore whenever the time for salah is found it is made wajib, whenever Ramadan comes fasting becomes obligatory, and whenever a person reaches the level of nisab zakah is due.
For example, the command صلوا does not obligate a repetition of the command in itself, rather it is repeated due to its sabab, which is the occurence of the time for prayer. Therefore, every time the sabab occurs i.e. every time the time for prayer comes in, it is as if a new command has command has come to establish the prayer.
وعند الشافعي لما احتمل التكرار تملك أن تطلّق نفسها ثنتين إذا نوى الزوج
Whilst according to the Shawafi’, as amr encompasses (the meaning of) repetition, (it is possible for the wife) to divorce herself twice, if the husband intended so (when he said divorce yourself).
This is a clarification on the differing view of Imam Shafi; as amr encompasses the meaning of repetition, then if the husband says to the wife “Divorce yourself” then she may divorce herself twice, if the husband intended so. This is in contrast to the Ahnaf who say that the meaning of two is not even considered, and therefore the husband cannot intend it.
[1] Quran 5:6
