نوع مقاله : علمی ترویجی
نویسنده
دانشیار، گروه حقوق، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the subjects that has persistently been a point of contention among researchers is liability (Ḍamān) in gratuitous entrustment (taslīṭ-i majānī), with the ʿAlā al-Yad tradition serving as one of the most challenging evidence supports in this regard. Notwithstanding the apparent indication (dalālah) of this Hadith toward liability, it has consistently undergone critical scrutiny regarding its chain of transmission (sanad), and its validity remains a subject of dispute. Nevertheless, throughout the history of jurisprudence, jurists have invoked this Hadith to argue various legal issues, including liability in cases of gratuitous entrustment. The present research investigates the diverse dimensions of this long-standing challenge. On one hand, it addresses the transmission-related challenges of the Hadith—such as the weakness of narrators and the presence of irsāl (discontinuity in the chain)—and offers reasoned responses, including reliance on the repairing effect of popular juristic practice to bolster the Hadith's credibility. On the other hand, by exploring jurisprudential works, it identifies and categorizes instances of citation by both early (mutaqaddimūn) and late (mutaʾakhirūn) jurists, accompanied by an analysis of the subtle nuances of their arguments. The findings of this research, while demonstrating the extensive citation of the ʿAlā al-Yad Hadith in jurisprudence, indicate that the prevalent practice of jurists, especially in instances where the Hadith aligns with rational principles, can establish relative validity for the tradition. This, in turn, paves the way for its application in emerging legal issues.
کلیدواژهها [English]
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