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wa bihi yuftā - And with it, fatwā is given.

 The phrase

وَبِهِ يُفْتَى
Transliteration: wa bihi yuftā
Literal meaning: “And with it, fatwā is given.”

Explanation

  • This phrase is used in Ḥanafī manuals and fatwā collections as a technical conclusion marker.
  • Functionally it is identical to wa ʿalayhi l-fatwā.
  • It means: “This is the opinion adopted for issuing fatwā,” i.e. this is the mufta bihi view.
  • The difference is stylistic:
    • wa ʿalayhi l-fatwā = “upon it is the fatwā”
    • wa bihi yuftā = “with it fatwā is given”
  • Both indicate that, out of multiple transmitted opinions within the madhhab, this is the preferred ruling in practice.

Relation to other markers

  • wa ʿalayhi l-fatwā (وعليه الفتوى) – same meaning, slightly different phrasing.
  • wa bihi qīla (وبه قيل) – “it has been said with it” → weaker marker, just reports an opinion.
  • al-mukhtār (المختار) – “the chosen view.”
  • al-ṣaḥīḥ / al-aṣaḥḥ – “sound / most sound view.”
  • al-muftā bihi (المفتى به) – “the view upon which fatwā rests.”

✅ In summary:
Wa bihi yuftā = “This is the opinion with which fatwā is issued (the relied-upon view in practice).”

Source: H. Aminov, S. Primov, Hanafi jurisprudence: history, sources and interpretations, Movarounnahr, Tashkent, 2017, pp. 130-131 (in Uzbek)

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