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Jurisprudential Rules 1-2
al-Qawa’id al-Fiqhiyyah (2017-2018)
Jurisprudential Rules 1-2
al-Qawa’id al-Fiqhiyyah (2017-2018)
Lecture 1, 06/11/2017
This lecture studies the following:
Introduction to the book Durūs Tamhīdīyyah fī al-Qawā‘id al-Fiqhīyyah
Significance of studying jurisprudential rules
History of studying jurisprudential rules
Differences between a ‘Jurisprudential Rule’ and a ‘Jurisprudential Principle’
Difference between a ‘Jurisprudential Rule’ and a ‘Jurisprudential Issue’
Jurisprudential rules are not restricted to a certain amount
Two Types of jurisprudential rules
The Rule of Not Repeating
(قاعده لاتعاد) Qā‘idah Lā tu‘ād
The content of the rule
The evidence of the rule (the proof for this rule): a hadith from Imam Bāqir (A.S.)
The chain of narrators and a technical issue
Distinction between Sunnah and Farīḍa
This rule does not include an intentional act
Lecture 2, 08/11/2017
This lecture studies the following:
Is this rule exclusive to someone who forgets or can it be extended to a Jāhil (someone who doesn’t know) as well?
The argument of Mīrzā Shīrāzī
The opinion of the author
Does this rule encompass the Jāhil in both of its forms (qāsir and muqassir)?
Is this rule specified to the state of finishing? (Is this rule for those who want to know their duties after Salāt is already finished or does it includes those who realise they have missed something while they are still in the process of praying?)
Does this rule encompass the state of additional acts or is it exclusive to those who miss some parts?
Why are other parts of Salāt not mentioned in the hadith?
What does tuhr in the hadith refer to? (Tuhr regarding hadath or khabath)
Is this rule of Lā tu‘ād helping with respect to someone who didn’t avoid an obstacle?
Exercises
Lecture 3, 13/11/2017
This lecture studies the following:
The rule of Passing and the rule of Finishing
(قاعدة التجاوز و قاعدة الفراغ) Qā‘idah al-Tajāwuz wa Qā‘idah al-Farāgh
The meaning of Qā‘idah al-Tajāwuz with an example
The meaning of Qā‘idah al- Farāgh with an example
The difference between these two rules
Qā‘idah al- Farāgh is regarding doubts about the validity of an act after finishing it
Qā‘idah al-Tajāwuz is regarding doubts about having performed a previous part after entering into the next part
The content of the two rules
The difference of opinions of Sheikh Nā’īnī and Syed Khū’ī
The evidence of the two rules
Are these one rule or two rules? Can these two merge into one rule?
The opinion of Sheikh Ansārī
The opinion of Sheikh Nā’īnī
Lecture 4, 15/11/2017
This lecture studies the following:
The opinion of Syed Khū’ī regarding the previous question
Conclusion of this discussion by the author
General usage of the rules for other than prayer
Certainty on the general usage of the rule of Finishing
Three reasons for believing in the general usage of the rule of Passing
The exemption of Wuḍū from the rule of Passing
Are Ghusl and Tayammum also exemptions like Wuḍū?
Is entering into the next act a condition?
What is meant by ‘the next part’?
Is entering into a Mustahab part considered entering into the next act?
What if someone doubts when one has entered the prerequisites (مقدمات جزء) of a part, not the part itself?
(Is entering into the prerequisite of a part considered entering into the next act?)
The likelihood of noticing
Exercises
Lecture 5, 20/11/2017
This lecture studies the following:
The Rule of the Principle of Validity
(قاعدة اصالة الصحة ) Qā‘idah ‘Asālat al-Sihhah
The meaning of this rule: validity and effectiveness of the action done by another Muslim
Differences between Qā‘idah ‘Asālat al-Sihhah and Qā‘idah al-Farāgh
The ‘Rule of Validity’ looks at the actions of others, contrary to the ‘Rule of Finishing’
The ‘Rule of Finishing’ is not applicable during an action in order to rectify it, and this is opposite to the ‘Rule of Validity’.
Evidence of the rule
A Qur’anic verse
Two hadiths
Conduct of rational and devout people (al-sīrah al-‘uqalā’iyyah wa al-mutasharri‘ah)
Is knowledge of the validity or invalidity a condition?
What type of doubt about the validity can be treated with ‘Asālat al-Sihhah?
Does this rule require knowledge that the action is done such that you only doubt about the validity or does it also include doubt about performance of the actions too?
Lecture 6, 22/11/2017
This lecture studies the following:
Is the validity according to the agent important or according to the one who observes the action?
Exercises
The Rule of No Harm
(قاعدة لاضرر) Qā‘idah lā ḍarar
Some examples for this rule
The content of the rule
The evidence of the rule
The story of Samurah ibn Jundab
Different versions of the story
The case of pre-emption (shuf‘ah)
The case of the place of irrigating of the palm tree and excessive water
Discussing the hadith about the story of Samurah ibn Jundab
Lecture 7, 27/11/2017
This lecture studies the following:
Discussing different versions of the hadith about the story of Samurah ibn Jundab
Terminologies of the tradition
The meaning of ḍarar
The meaning of ḍirār
ḍarar is an infinitive noun (ism masdar) and ḍirār is an infinitive word (masdar)
The indication of the form ḍirār in the formula of fi‘āl
The meaning of lā ḍarar
The meaning of lā ḍirā
Applying this rule on the story of Samurah
Objection: Accepting the rule leads to excluding many exceptions
The answer: all the Islamic rules are for the benefit of human beings or the society
Lecture 8, 29/11/2017
This lecture studies the following:
Can qā‘idah lā ḍarar be used to remove some rulings that are negational ?
The difference of opinions between Sheikh Nā’īnī and Syed Khū’ī
The reason of giving preference to the hadith of lā ḍarar over the primary rules
Which harm is the subject of this qā‘idah? Real harm or the known harm?
common answer: this is for known harm
What if you have to judge in a case that two people have an issue, and definitely one of them has to harm ?
Exercises
Lecture 9, 04/12/2017
This lecture studies the following:
The Rule of Averting Hardship
(قاعدة لاحرج) Qā‘idah lā haraj
The meaning of the rule
The evidence of the rule
Qur’an (5:6)
Qur’an (2:185)
Qur’an (2:286)
Reason and consensus cannot be proof for this rule
The meaning of hardship and its difference with harm
The reason of giving preference to the qā‘idah lā haraj over the primary rules
Does it lead to removing most of the legislations?
Is the criterion generic hardship or individual hardship?
Is removal of hardship given as permission or as mandatory?
Lecture 10, 06/12/2017
This lecture studies the following:
The last point about qā‘idah lā haraj: Does this rule only apply to al-ahkām
al-taklīfīyyah or does it also apply to al-ahkām al-waḍ‘īyyah?
Difference between al-ahkām al-taklīfīyyah and al-ahkām al-waḍ‘īyyah
The Rule of Possession
(قاعدة الید)Qā‘idah al-Yad
The first fuqahā who studied this qā‘idah
The meaning of the qā‘idah
The difference between qā‘idah al-yad and qā‘idah ikhbār zi al-yad
The difference between qā‘idah al-yad and qā‘idah “‘alā al-yad mā ‘akhazat hattā tu’addī”
The evidence of this rule
Conduct of rational people
Consensus
Hadiths
A technical point: why rational people conduct according to the rule of al-yad?
Lecture 11, 11/12/2017
This lecture studies the following:
Is qā‘idah al-yad a practical principle (asl ‘amalī) or a sign which helps us understand the real hukm (‘amārah)?
The reason for discussing this question
The difference between asl ‘amalī and ‘amārah
Which one is given preference: qā‘idah al-yad or al-istishāb?
To rule according to qā‘idah al-yad, is it required to know the previous condition or not?
What should be done with respect to cases that there is a counter in the argument?
How the claim of Abū Bakr in the story of fadak can be justified if we accept this qā‘idah?
What is meant by yad?
Is this rule applied when someone confesses he is not the owner, but he is permitted to rent an object?
Can one use qā‘idah al-yad for himself?
Lecture 12, 13/12/2017
This lecture studies the following:
The Rule of Drawing Lots and Seeking Well
(قاعدة القرعة و الاستخارة) Qā‘idah al-Qur‘ah wa al-‘Istikhārah
Meaning of qā‘idah al-qur‘ah
Evidence of this rule
Quran
Hadiths
Hadiths that refer to qur‘ah in a general way
Studying the narrators of these hadiths
Hadiths that refer to qur‘ah in particular cases
Conduct of rational people
This rule encompassing cases that do not have a real specification (is this rule for cases that even in reality, they were not decided or for cases that in reality they were decided but we don’t know or don’t remember)
Lecture 13, 18/12/2017
This lecture studies the following:
Continuing the last discussion of the previous session:
Qā‘idah al-qur‘ah encompassing cases that do not have a real specification (is this rule for cases that even in reality, they were not decided or for cases that in reality they were decided but we don’t know or don’t remember)
The rule involving cases outside of disputes
Is qur‘ah a practical principle (asl ‘amalī) or a sign which helps us understand the real hukm (‘amārah)?
Is Imam the only one who can draw lots?
Is it necessary to refer to qur‘ah or not? and is it necessary to accept the result or not?
Where qur‘ah should/can be used?
The method of doing qur‘ah
Lecture 14, 20/12/2017
This lecture studies the following:
Meaning of ‘Istikhārah
Different usage of this word in hadiths
Seeking the best from Allah
Seeking consultation from Allah
How to justify the ‘istikhārah that exists in its known form today among religious people
Referring to the traditions of drawing lots
Referring to the evidence that encourages supplication
Is ‘istikhārah mustahab if it is considered a type of supplication?
Is ‘istikhārah to be done by the person who seeks advice or can he ask someone else to do it for him?
Isn’t ‘istikhārah similar to ‘istiqsām that was prohibited by Quran?
Lecture 15, 22/01/2018
This lecture studies the following:
The Rule of Purity
(قاعدة الطهارة) Qā‘idah al-Taharah
The concept (meaning) of qā‘idah al-taharah
Evidence of this rule
The reliable (muwathaqah) hadith of ‘Ammār
Other Hadiths
The reliable (muwathaqah) hadith of Hafs ibn Ghiyāth
The authentic hadith of ‘Ali ibn Ja‘far
Another reliable (muwathaqah) hadith of ‘Ammār
Conditions with which reasoning based on these hadiths is accepted
Lecture 16, 22/01/2018
This lecture studies the following:
The second condition with which reasoning based on the previous hadiths is accepted
Other evidences for qā‘idah al-taharah:
Referring to the norm of al-shāri‘
Referring to the principle of ‘Presumption of Continuity’ (‘istishāb)
Studying the problem in chain of transmitters of the hadith of ‘Ammār
Does qā‘idah al-taharah include al-nijāsah al-dhātiyyah or primary (essential) nijāsah?
Does qā‘idah al-taharah include when nijāsah is proved through ‘istishāb?
Does qā‘idah al-taharah include legal suspicion or shubhah hukmiyyah?
Does qā‘idah al-taharah include legal suspicion or shubhah hukmiyyah?
Lecture 17 part I, 24/01/2018
This lecture studies the following:
The Rule of Binding
(قاعدة الالزام) Qā‘idah al-‘Ilzām
The meaning (concept) of qā‘idah al-‘ilzām
Examples of applying this rule in Fiqh
The difference between qā‘idah al-‘ilzām and qā‘idah al-‘imḍā’ (the rule of signing off)
Examples of applying qā‘idah al-‘imḍā’ in Fiqh
The evidence of qā‘idah al-‘ilzām
The hadith which Sheikh Tūsī narrates
The hadith which Sheikh Sadūq narrates
Lecture 17 part II, 24/01/2018
This lecture studies the following:
Other evidences of qā‘idah al-‘ilzām
The hadith which ibn ’abī ‘umayr narrates from Imam Sādiq
Another hadith which Sheikh Tūsī narrates
Studying the chain of transmitters
Does qā‘idah al-‘ilzām imply validity of what is practiced according to other fiqhi sects or is it just permitted but not valid?
The generality of this rule encompassing those of other religions
Some examples for applying this rule
Lecture 18 part I, 29/01/2018
This lecture studies the following:
The Rule of the Muslim Market
(قاعدة سوق المسلمین) Qā‘idah Sūq al-Muslimīn
The content of qā‘idah sūq al-Muslimīn
The evidence of qā‘idah sūq al-Muslimīn
The ‘conduct of devout people’ (sīrat al-mutasharri‘ah)
Disruption of the social system which is the outcome of not accepting qā‘idah sūq al-Muslimīn
Specific Hadiths
The Muslim’s ‘hand’ and its difference from the rule of Muslim Market
Muslim Market Being ‘Amārah (sign)
The reason for Muslim Market’s being an ‘Amārah
Lecture 18 part II, 29/01/2018
This lecture studies the following:
Some cases for which the rule of Muslim Market is not applied
Analysis on how Muslim Market is an ‘Amārah
There is no difference between the markets of different sects of Islam
Allāmah Hillī’s disagreement
Made in the land of Islam, but sold in a non-Muslim market
Lecture 19 part I, 31/01/2018
This lecture studies the following:
The Rule of Control
(قاعدة السلطنة) Qā‘idah al-Saltanah
Meaning of the rule
History of the rule discussed in the Fiqhi books
The content of qā‘idah al-saltanah
The evidence of qā‘idah al-saltanah
Conduct of rational people
Conduct of devout (religious) people (sīrat al-mutasharri‘ah)
Specific Hadiths
Qur’anic verses
Consensus
Arguing some of these evidences
Different probabilities regarding the core/mechanism of qā‘idah al-saltanah
The viewpoint of the author of Jawāhir
The viewpoint of Sheikh ‘Ansārī
The viewpoint of the author of Kifāyah
The viewpoint of Sheikh ‘Īrawanī
Lecture 19 part II, 31/01/2018
This lecture studies the following:
Limits or exceptions for qā‘idah al-saltanah
Cases of wasting and squandering
Cases of religious money-based taxes
Cases of spending money on prohibited things
In the case of being sick and on one’s deathhed
Disposing of wealth after the death amounting to more than the one-third
In the case that an owner has the right of Shuf‘ah (the right for a partner to require his partner to sell the house only to him, not anyone else)
Cases of causing harm to others
Control over one’s right like his/her money
Control over one’s self and limbs
The relation between qā‘idah al-saltanah and qā‘idah lā ḍarar
Lecture 20, 06/02/2018
This lecture studies the following:
The Rule of the Accessible
(قاعدة المیسور) Qā‘idah al-Maysūr
History of the rule discussed in the Fiqhi books
The content of qā‘idah al-maysūr
Not needing this rule for proving the wujūb of the accessible parts of Salāt
The evidence of qā‘idah al-maysūr
Hadith from Imam ‘Ali (as)
Different arguments regarding the indication of the hadith
The problem in the chain of transmitters
Hadith from the Prophet (s.a.w)
The relation between the principle of ‘Presumption of Continuity’ (‘istishāb) and qā‘idah al-maysūr
The relation between other specific unconditional reasons and qā‘idah al-maysūr
Lecture 21, 12/02/2018
This lecture studies the following:
The Rule of Seizing
(قاعدة علی الید) Qā‘idah ‘Ala al-Yad
The meaning of qā‘idah ‘ala al-yad
The difference between qā‘idah ‘ala al-yad, qā‘idah yad, and qā‘idah ’itlāf
The evidence of qā‘idah ‘ala al-yad
Famous hadith from the Holy Prophet (s.a.w)
The problem in the chain of transmitters
Conduct of rational people
General hadiths regarding the necessity of respecting people’s property
Is this rule referring to hukm waḍ‘ī or hukm taklīfī?
What if the object itself is not available?
Is the person responsible for the benefits of the object too?
Exceptions for the rule
The control of a trust
The control of benevolence
Lecture 22, 14/02/2018
This lecture studies the following:
Continuation of the previous discussion:
Qā‘idah ‘Ala al-Yad includes the ignorant and the child
Exceptions for the rule
The control of a trust
The control of benevolence
The reasons for the exception of the above mentioned yad
Few other reasons for Ḍimān liability
’Itlāf
Ordering someone to make or fix something الامر بالعمل
Initiating what causes liability الاقدام علی الضمان
Deception
Causing someone loss التسبیب
The Rule of Deception
(قاعدة الغرور) Qā‘idah al-Ghurūr
Content of the qā‘idah al-ghurūr
The difference between qā‘idah al-ghurūr and qā‘idah al-tasbīb
Evidence of qā‘idah al-ghurūr
Conduct of rational people
General Hadiths
Specific Hadiths
Lecture 23, 19/02/2018
This lecture studies the following:
The meaning of qā‘idah al-tasbīb and its difference from qā‘idah al-ghurūr
Disagreement of Syed Khū’ī in accepting qā‘idah al-tasbīb as an independent rule
His reasons for this disagreement
Is qā‘idah al-ghurūr conditional upon the ignorance of both parties or not?
The Rules of Admission/Confession
(قاعدتا الاقرار) Qā‘idatā al-’Iqrār
The meaning of the two qā‘idah of ’Iqrār
Examples for cases in which the two rules overlap
Evidences of the rule of ’Iqrār al-‘Uqalā (proofs for these two rules)
Qur’an
Hadith
Conduct of rational people
Evidences of the rule of man malaka shay’an
Sheikh ‘Arāqī’s reasoning
Hadith
Conduct of rational people
Consensus
Exemptions of qā‘idah al-’Iqrār
Lecture 24, 21/02/2018
This lecture studies the following:
Implicit Confession
Two aspects of one confession: the aspect which is in favor of the confessor and the aspect which is against him/her
Accepting declaration only from one who is in charge of something
The Rules of Marriage Bed
(قاعدة الفراش) Qā‘idah al-Firāsh
Meaning of qā‘idah al-firāsh
Examples for where this rule is applied
Content of the rule
Evidence of the rule
A famous hadith from the Prophet Muhammad (s.a.w)
Similar hadiths from Sunni sources
Vocabularies of the tradition and their meanings
How firāsh materialises? (How the ‘marriage bed’ is achieved?)
To whom firāsh materialises when the woman is remarried?
The relation between this rule and Qiyāfah (by looking at some parts of the body for recognising the father of a child)
The problems of the hadith
The opinion of ‘Abū Hanīfah