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The question

What is the origin of the jurisprudential maxims: "What is customarily impossible is like what is actually impossible," "It is not denied that rulings change with the changing of times," and "What is tolerated in a subordinate is not tolerated in a principal"?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The first rule states: "Custom is authoritative." Its evidence is the Almighty's saying: (Take what is given freely, enjoin what is right) [Quran 7:199].

The second rule: "Rulings change with the changing of times" applies specifically to rulings based on custom and habit. As for a ruling established by a religious text, it does not change.

The third rule: "What is overlooked in a subordinate is not overlooked in a principal." Its evidence is the permissibility of selling a pregnant she-camel along with its fetus as a subordinate, even though selling the fetus alone is not permissible.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
125886
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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