Explanation of Rule 26: ما لا يتم الواجب إلا به فهو واجب.
This rule is one of the major jurisprudential principles, and its meaning is that whatever serves as a means to an obligation is itself obligatory. For instance, performing prayer is obligatory, and ablution is a means to perform prayer, thus it becomes obligatory. This rule applies to all religious obligations, including statutory obligations. For example, a person must adhere to the regulations and instructions issued by governmental authorities, and these commitments should serve as a means to achieve the public interest.
Related To
Article 720
Without prejudice to the provisions of Article 1 of this Law, the rules set forth in this Article shall be applied in a manner not inconsistent with legal provisions, subject to their respective nature, conditions, and exceptions. Said rules shall comprise the following:
Rule 1:
Matters shall be determined according to intentions.
Rule 2:
In contracts, effect shall be given to intention and meaning, not to form.
Rule 3:
Custom shall have legal effect.
Rule 4:
A matter established by custom shall be equivalent to a matter established by text.
Rule 5:
A matter established by custom shall be equivalent to a matter stipulated as a condition.
Rule 6:
A matter deemed highly unlikely by custom shall be equivalent to a matter deemed impossible.
Rule 7:
Certainty may not be dispelled by doubt.
Rule 8:
A matter shall be presumed unaltered.
Rule 9:
Freedom from liability shall be presumed.
Rule 10:
Contracts and conditions shall be presumed valid and binding.
Rule 11:
Claimed attributes shall be presumed false.
Rule 12:
A disputed time of an incident shall be determined according to the most likely time.
Rule 13:
A statement shall not be derived from the silence of a person, but silence shall be tantamount to a statement where a statement is required.
Rule 14:
No inference may be made in the face of an explicit statement.
Rule 15:
Erroneous conjecture shall not be deemed valid.
Rule 16:
Harm shall be removed.
Rule 17:
Harm shall not be removed by a similar harm.
Rule 18:
A greater harm shall be repelled by a lesser harm.
Rule 19:
Preventing harm shall take precedence over gaining benefit.
Rule 20:
If a prohibition and a benefit are in conflict, precedence shall be given to the prohibition.
Rule 21:
Hardship shall beget facility.
Rule 22:
The extent of necessity shall determine the extent of permissibility.
Rule 23:
Necessity shall not invalidate the rights of others.
Rule 24:
Words shall be presumed to reflect their literal meaning.
Rule 25:
Words shall be presumed to have meaning and shall not be disregarded.
Rule 26:
The absolute shall be applied in its absolute sense, unless there is evidence of restriction, either by text or implication.
Rule 27:
A description of a thing that is present shall be deemed inconsequential, but a description of a thing that is absent shall be deemed consequential.
Rule 28:
An attachment shall follow the principal.
Rule 29:
Flexibility may be exercised with attachments but not with other than attachments.
Rule 30:
A condition enforced at the outset of a matter may be overlooked during the course of said matter.
Rule 31:
The existence of an attachment shall be contingent upon the existence of the principal.
Rule 32:
No opinion may be given in the presence of a text.
Rule 33:
A person who takes possession of another person’s property shall remain liable until such property is returned.
Rule 34:
The person warranting a thing shall retain its yields.
Rule 35:
A matter without which an obligation cannot be performed shall itself be deemed an obligation.
Rule 36:
If the reason prohibiting a matter ceases to exist, such matter shall revert to its prior status.
Rule 37:
The absence of an excuse permitting a matter shall render such matter prohibited.
Rule 38:
What is forfeited may not be reinstated.
Rule 39:
If the original rule cannot be applied, the alternative rule shall be applied
Rule 40:
A person who attempts to renege on a matter shall be estopped.
Rule 41:
Ignorance of the law is not an excuse.