Statement of necessity according to the Hanafi school of thought, in terms of origin and application

This research aims to emphasize the importance of the statement among the scholars of the principles of jurisprudence, as it has a great benefit in understanding the legal rulings and the method of deriving them from their evidence, especially the statement of necessity, which distinguishes the Hanafi scholars from the theologians in terms of foundation and terminology.
The reality of clarification is: showing the intended meaning to the addressee and clarifying it to him, and this is not completed or realized in the beginning except by speech, so the words are the molds of meanings and from them they are drawn and learned, and this type of clarification came to represent the exception to this principle, as the Hanafis made it necessary; because silence in it is what indicates the meanings and rulings, and the Hanafis’ departure from the requirement of the principle was not purely arbitrary, as they did not consider silence clarification except when what necessitates that is achieved, which is: the addition of The            valid evidence for silence and its reliance. The use of silence as evidence is not limited to the Hanafi school alone, but rather it is a mainstay among theologians in establishing certain rulings, and their branches of jurisprudence are clear on this point. They have applied silence to a number of issues, and have considered it to be an explanation, in accordance with the valid evidence that is observed.                                                                                                     The researcher has drawn several conclusions, the most important of which are the following:  According to Hanafi scholars, statements are divided into five categories: statements of confirmation, statements of interpretation, statements of change, statements of substitution, and statements of necessity.                                                                                                                 - Statements of necessity are non-verbal evidence, as their entire meaning is the meaning of silence, but they are similar to verbal evidence.                                                                        What is meant by the issue: (Restriction in the context of explanation indicates limitation): Whenever the context or situation is a context of explanation of a legal ruling, and that explanation is restricted to some individuals, then that restriction indicates that the ruling is restricted to those individuals and not others.There is a strong relationship between the statement of necessity and the issue: (Restriction in the context of explanation indicates limitation): It is clear that what is meant by the statement of necessity is to compare the silence that occurs in this type of statement with the silence that exists in the issue: (Restriction in the context of explanation indicates limitation); since this issue included silence.There is a strong relationship between the statement of necessity and the concept. This relationship is evident among most Hanafis, who stated that among the types of statement of necessity are: what is considered as explicit, and silence in the concept is the opposite of the explicit.