نوع مقاله : علمی ترویجی
نویسنده
گروه حقوق، دانشگاه علوم اسلامی رضوی، مشهد مقدس
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract: The hadith 'Al-Yad ma akhadhat hatta tu'addi' (The mad is responsible for what it takes until it returns it), despite its apparent indication of liability, has always been subject to criticism regarding its chain of narration, and its authenticity has been debated. Nevertheless, throughout the history of Islamic jurisprudence, scholars have relied on this hadith to argue various issues, including liability in cases of gratuitous authorization. This research, with an innovative approach, examines different aspects of this long-standing challenge: On one hand, it analyzes the hadith's chain of narration challenges (such as weak narrators and disconnected chains) and provides reasoned responses (including relying on the widespread practice of scholars as a compensator for weak narration), aiming to enhance the hadith's credibility. On the other hand, by exploring jurisprudential works, it identifies and precisely categorizes instances where jurists (from early to contemporary scholars) have cited this hadith, along with an analysis of the nuances in their arguments. The findings of this research, while demonstrating the extensive use of the 'Al-Yad' hadith in Islamic jurisprudence, support the hypothesis that the widespread practice of jurists, especially in cases where the hadith aligns with rational principles, can establish relative credibility for it and pave the way for its application in contemporary jurisprudential issues
کلیدواژهها [English]
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