General Rules of Jurisprudence Lesson 30

1. General Rules of JurisprudenceLesson 30 Rule of “the responsibility of a hand” (ALA ALYAEDD)على اليد Part one The rule The evidence The discussion

2. The rule • “Who ever puts his hand on a thing which does not belong to him, becomes responsible for any damage or loss, until the things is returned to its owner” • If a man uses some one else's car without his consent then he becomes guarantor and takes the liability if any damage happens to that car, he becomes responsible in returning it safely to its owner. • If he was careful and a damage happened he takes the liability, so if he was careless then he take the liability on the prior bases, but not base on this rule but based on the rule of ETLAAF or intentional damage.

3. Unintentional damage • The rule of “ON THE HAND or ALAL YEDD” deals with unintentional damages. • Multiple hands create multiple liability: If the thing went through or was transmitted through several hands without the permission of the owner or was usurped, then all the hands take the responsibility of the damage, and the owner can return to any one of them, even though the if damage had not have been happened from the person referred to. • That is because every single person knows about the lack of permission and takes it becomes responsible.

4. The difference between the YEDD and ALAL YEDD • The rule of HAND or ALYEDD proves the ownership of a person on a thing which has his hand on it. • The rule of ALAL YEDD or on the HAND, it proves the liability of a person on a thing which does not belong to him.

5. The source: Famous narration: • The Prophet (S): “The hand is responsible for a thing until he returns it” • The HADEETH is week because it is narrated by HASSAN ALBASRI and SAMARAH son of JUNDOB. • HASSAN ALBASRY was an arch enemy of Imam Ali (AS), he had severe hatred for Imam Ali (as), used to condemn Imam Ali (AS). • SAMARAH is the one with the story of Palm tree who refused the offer of the Prophet (S) and rejected the guarantee of the Paradise, and was in the governor of UMAYYADS in Basrah, he fought Imam Hussain (AS) . • Since there is huge problem in the SANAD or the link of the HADEETH, then there is no room for discussing the MATAN or the indication of the text.

6. The important source: • The practice of the Intellectuals (SEERATOL OQALA) which indicates that if any one takes something which is not his, then he becomes responsible. • What we are trying to prove is a general rule, and there are some narrations which indicates a narrow and specific indication, some have completely different indication from what we are trying to prove. • Such narrations are as follows:

7. 1-SAHEEH of ALHALABI: • The SAHEEHAH of the HALABI (Aleppo) and Mohammad son of Muslim: who narrates from Abo Abdillah (AS): Is the testimony of people of a nation permitted from other then the people of their nation? He (AS) said: yes, it is permitted if there was no one available from their nation. Because it is not correct that a person loses his right.” • The reason at the end proves the point, which securing the rights of others property.

9. 2-The SAHEEH of ABO BASEER: • In the SAHEEHAH of ABO BASEER who narrates from ABI JAFER (ALBAQIR) (AS):" Abusing a believer is a sin …and the sanctity of his wealth is as the sanctity of his blood”.

11. 3-SAHEEH of ZAID ASSHAHAAM: • SAHEEHAH of ABO OSAMA ZAID the SHAHAAM, narrates from ABO ABDILLAH (AS): “ Verily the messenger of Allah (S) stood in MINA after finishing the rituals in the final pilgrimage (HAJJ), and he said: Which of days is more sacred? They said: this day, then he (S) said: so which of the months is more sacred? They said: this month, then he (S) said: which of the places is more sacred? They said : this city (land pf HAJJ Mecca and Mina), He (S) said: That verily your blood , and your wealth are sacred on you as the sacredness of this day (of yours) , which is in this month (of yours) and this city (of yours), until the day when you will meet him (Allah), and when he will ask you about your deeds, let me know have I informed? They said: yes, He (S) said: O my God be witness. And let it also be known that who so ever has a trust, then he should return it to the one who has entrusted him on it, because verily it is not permitted on a Muslim the blood of a Muslim person, nor his wealth except in a case where his soul is pleased, and do not be unjust to your selves , and do not return after me disbelievers”

12. Discussion of the narrations: • 1st & the 2nd narration: The narrations proves the guarantee and the liability after the damage, and what is to be proven is that the liability is fixed immediately when the hand grabs that thing even if the damage does not happen, and that is more wider indication from what the HADEETH is trying to prove. • The third Hadeeth indicates the pleasure of the owner’s soul (consent) and that is an obligation, which is a rule of action (TAKLLEFI), and the rule of title (WADHEE) is what needs to be proved which is the liability (which is not an action). • So the only evidence is the SEERAH of OQALAA (practice of the intellectuals)