What is the meaning of necessity (ḍarūrah) and need (ḥājah) when they relate to the community, and what is the extent of the validity of the rule "If the matter relates to the community, need (ḥājah) permits the forbidden (not necessity (ḍarūrah))"? Does "bayʿ al-salam" (forward sale) fall under it? What is the extent of the validity of the rule "What is forbidden as a means (tahrīm wasāʾil) is permitted by need (ḥājah) (not necessity (ḍarūrah))" attributed to Ibn al-Qayyim? What is the extent of the validity of the rule "The forbidden can be permitted in a state of necessity (ḍarūrah) even to meet a need (ḥājah) (not necessity (ḍarūrah))"? Please provide evidence with examples from the Qur’an and Sunnah and elaborate on the opinions of the jurists.

Necessity is when a person reaches the brink of destruction or is close to it if they do not consume what is forbidden. Need is the lack of something that removes hardship and difficulty, but its absence does not cause great corruption.

When a matter is related to the community, it means that the entire society needs it, and its public interests are affected. When it is related to an individual, it affects the interests of that specific individual. Public need is treated as necessity, thereby permitting what is otherwise forbidden, such as contracts of ijarah (definition) (leasing), ju'alah (reward for a task), and hawalah (transfer of debt).

Some scholars permit forbidden things in cases of specific need, such as permitting the silver-plating of a vessel and eating from the spoils of war in a war zone.

If a need becomes widespread, it is treated as a necessity, and forbidden things become permissible. Bay' al-Salam (forward sale) falls under this, as it was exempted from the prohibition, "Do not sell what you do not possess," due to the widespread need for it.

The exception of necessity by saying, "Need permits the forbidden, not necessity," is incorrect, because if need permits something, then necessity permits it a fortiori, unless the intention is that what necessity compels is permitted for the individual without requiring the entire community to be in need.

It is permissible for the distressed person to consume what is forbidden until the necessity ceases. The majority of scholars held that one should not eat more than what removes the necessity, while the Malikis held that one may eat one's fill and take provisions.