يحيى بن يحيى الليثي ونسبة قوله بالمصلحة الملغاة: دراسة أصولية فقهية

Abstract EN

Islamic scholars, from the fundamentalists and the intentional ones, usually divide interests- according to the criterion of the sharia’s testimony to them-into three sections: what is considered by the sharia, what is invalidated, and what the sharia does not pertain to it by virtue of consideration or invalidity.

unfortunately, a group of scholars represented the false interest (i.e., the invalidated) with what was transmitted from the fatwa of Yahya bin Yahya al-Laithi and his belief that the interest of the anger is by obligating fasting on the one of the kings of Andalusia who asked him about the expiation for his intercourse during the day in Ramadan, achieved by fasting two consecutive months instead of freeing the slave of the one who was indicated by the hadith of the door in the story of the Bedouin, especially since freeing the necks is easy for him because of his sustenance.

this study aims to reconsider the details of this story historically, and to search for its fundamentalist foundations, and its jurisprudential outcomes, in order to acquit Yahya bin Yahya al-Laithi from establishing his previous fatwa on the nullified interest-without arbitrariness or perversion-especially since he is a student of Malik, and one of the narrators of al-Muwatta.