General Rules of Jurisprudence Lesson 23

1. General Rules of JurisprudenceLesson 23 قاعدة الالزام The Rule of Imposition Part two (ELZAAM) The discussion of evidences Does ELZAAM makes a real affect? For all the religions and faiths. Implementations

2. The discussion of evidences • 1 st Narration: رواية علي بن ابي حمزة انه سال ابا الحسن(ع) عن المطلقة على غير السنة ايتزوجها الرجل؟ فقال(ع): ”الزموهم من ذلك ما الزموه انفسهم وتزوجوهن، فلا باس بذلك‏“ • This narration has two problems: • Ali son HAMZA ALBATAA EENI in the link. Who is a WAQIFI who abstained him self from the allegiance of the IMAMAT of Imam ALI REDHA (AS), he had the trust of Imam Mosa ALKAZIM (AS), he was his (AS) representative, and the hadeeth he narrates is from Imam Mosa (AS), that means that the hadeeth was narrated in the time when the trust was there. Most of the REJAALIS reject him, and his hadeeth. Imam Redha (AS) narrates that he was punished in the grave of not mentioning his (AS) Imamat. But since he was the trusted representative of Imam ALKAZIM (AS), then that gives the satisfaction of this hadeeth. How can the Imam (AS) give the trust to a liar, so the mistrust was a renewed situation and not in the time when the hadeeth was narrated.

3. UNLINKED NARRATION: 2. Those who narrated from ALBATAAEENI are very well trusted , and they do not take unless from a trusted such as son of OMAIR. 3.The idea of him being described as a liar could be because of his abstinence (WAQF) from Imam Redha (AS), and abusing the wealth of KHUMS which was in his hand after the death of Imam ALKAZIM (AS). 4.The narration is MORSALA or unlinked, there are no names for some narrators. ERAWANI says the number is more than three which creates a satisfaction that this narration is true (TAWATOR)

4. 2nd Narration: • There are unknown people in the link which makes it MORSAL or unlinked. Son of MA JIL WAYH and the ASAHARIS father and son can be trusted with difficulty. • 3rd Narration: Abdullah son of MEHRIZ is not trusted, but the saying of ABO BASEER that he has brought NOOR or light, could give some satisfaction. • Conclusion: As it can be observed that the three narrations are directly not reliable narrations, but can be reliable by providing satisfaction because of other issues.

5. 4th Narration:SAHEEH • وعنه عن سندي بن محمد البزاز ، عن علاء بن رزين القلاء ، عن محمد بن مسلم ، عن أبي جعفر ( عليه السلام ) ، قال : سألته عن الاحكام ، قال : تجوز على أهل كل ذوي دين ما يستحلون • Sh. Toosi (THAZEEB): Narrates from SINDI who narrates from……from MOHAMMAD son of MUSLIM who said: I asked ABO JAFER (Baqir AS) about the laws, He (AS) said: It is permitted to deal with the people of every religion with what ever they are permitting (on them selves). Whatever they consider it Halaal and correct, we acknowledge it.

6. Does ELZAAM makes a real affect? • Does the rule gives permission in the dealings or creates a real affect? • If non Shia divorces his wife without the witnesses, so his divorce is correct in his method, and the SHIA can create on it affects as true divorce though it is not correct in his ways, like getting married to her. • But what if that non SHIA becomes a SHIA then does his wife comes back to him, by considering his previous divorce invalid? This is not the case because if she gets married to another person (SHIA) then that marriage is correct, but what if she still was not married to any other man? Or the wife becomes SHIA will her divorce with the SUNNI man valid?

7. The respond: • The correct is that it is just a consideration to deal with the issues and not a real affective, it is like relieving a responsibility not more. • To understand this we need to refer to the narrations: Does it indicate the Real correction or just to create correct affects? • The words in the narrations indicate in the system of communication that it is just to create the real affects, and does not consider a real correction.

8. Problem: Marrying a married woman • If we will consider such divorce a real divorce, and only to create correct affects, then we will have a huge problem, that is when a shia will get married to that woman then it will be like marrying a married woman! • Respond: • The possibility is that when the SHIA gets married to her, such marriage creates a real divorce. • Getting married to a married woman if it was permitted as an exemption in this case, it would not be something unacceptable. Because many general laws can be exempted. And it seems the narrations permitting such marriage are exempting narrations or specifying the general rule.

9. For all the religions and faiths. • ELZAAM includes non Muslims also, and that is for two reasons: • If we are will deal with non Shias in such way, then why should we not deal with the non Muslims in same way. (It should be opposite) • The SAHEEHA (4th Narration) clearly mentionedوعنه عن سندي بن محمد البزاز ، عن علاء بن رزين القلاء ، عن محمد بن مسلم ، عن أبي جعفر ( عليه السلام ) ، قال : سألته عن الاحكام ، قال : تجوز على أهل كل ذوي دين ما يستحلون • Sh. Toosi (THAZEEB): Narrates from SINDI who narrates from……from MOHAMMAD son of MUSLIM who said: I asked ABO JAFER (Baqir AS) about the laws, He (AS) said: It is permitted to deal with the people of every religion with what ever they are permitting (on them selves). Whatever they consider it Halaal and correct, we acknowledge it. • And this narrations includes every sect and religion.

10. Implementations of ELZAAM • Witnesses in the marriage contract are not required by the Imamians, and there are some non Imamians who said that the contract is invalid without witnesses, so if such person get performs contract without witnesses and considers his contact invalid, though in the reality his contract for Imamian is valid, but since it is invalid in the belief of that person, then the Imamian can get married to such woman. • If a person divorces an elder woman who has reached the menopause (permanent cessation of menstruation), then she does not have a waiting period after the divorce in the IMAMI law, but in the school of companion she has the waiting period (EDDAH) and she deserves the financial support in that period. So if she was an Imamian or she converted to an Imamian, then she deserves the financial support from the non Imamian husband who divorced her.

11. The laws of inheritance: • In the Imamian law one daughter is left by the deceased one, the she inherits the whole wealth, half as her decreed share in the Quran and other half because she is the closest relative to the deceased one. This rule is based on the explanation of Imam ASSADIQ (AS). • In the school of companion in such case the daughter gets only half, and the other half goes to her uncle or the brother of the deceased one. • So if the brother was Imami he can share the daughter if she was a non Imami, and the same is with the uncle of the deceased and his daughter, if the uncle was Imami then he can share a non Imami daughter.