Sharh Hanafiyah Page 89 [verified] Jun 2026

Here, the author distinguishes between ( qiyas jali ), where the effective cause ( illah ) is obvious and textually indicated, and hidden analogy ( qiyas khafi ), where the illah is extracted through subtle reasoning. The Hanafi position, as articulated on page 89, is that istihsan is permitted only when a hidden analogy produces a ruling that conflicts with public welfare ( maslahah ) or established custom ( ‘urf ).

The commentator then cites the famous example of . By strict qiyas with a hire for a wet nurse, the contract should be void because the benefit is non-material and intermittent. However, by istihsan , Hanafi jurists upheld its validity because people transact it commonly and necessity softens the strict rule. sharh hanafiyah page 89

The page concludes with a sober warning, often underlined in red ink in old manuscripts: Here, the author distinguishes between ( qiyas jali