We are not...

We are not, at this juncture, able to present a variety of examples to show clearly the effort needed for the process of application, because the understanding of those examples would depend on a prior knowledge of the general theories of ‘Ilm’ul Usul . Therefore presenting one simple example however shall suffice. Let us suppose that the Mujtahid has accepted in ‘Ilm’ul Usul the validity of al-Zuhur al-'Urfi as a proof, together with its being a common element in the process of deduction.

Will it then suffice to place his finger on the narration of Ali ibn Mahziyir (which established the scope of khums), for instance, then to add it to that common element and to derive from it a law that khums is not obligatory on wealth inherited from one's father?

Is not the Mujtahid, in need of scrutinizing the meaning of the text in the narration to come to know the kind of meaning given to it in general usage, and of studying everything that is connected with establishing al-Zuhur al-'Urfi, like the different contexts and characteristics, both within and without the framework of the text so that he may be able to honestly apply the common element expressing the validity of al-Zuhur al-'Urfi as proof?

Thus in this example, after discovering the common element and accepting al-Zuhur al-'Urfi as proof there yet remains the difficulty of fixing the nature of al-Zuhur in the text, and of studying its relations and contexts, until the Mujtahid is sure that he has established al-Zuhur in the valid text and its proving positively the non-obligation of khums on inherited wealth, apply to the text the general theory established by the common element stating the validity of al-Zuhur al-'Urfi as proof, and he deduces from it the law that Khums is not obligatory in such a case.

In the light of the above, we come to know that the legal study to arrive at the particular elements in the process of deduction is not merely a matter of collection, but its scope goes further in applying the general theories established by the common elements in the process of deduction. And the application of general theories always has its own difficulties and endurance, and mere struggle in the general theories does not dispense with the endurance needed in their application.