Tafarrod-e Fatwaei and an Evaluation of the Documentation of Feiz Kashani’s Tafarrodat-e Fatwaei

One of the most controversial issues in Islamic jurisprudence which is related to hadith sciences too is tafarrod-e fatwaei (a case in which there is only a single fatwa) and disagreement with shohrat-e fatwaei (popularity of fatwas) though this kind of tafarrod is due to legitimate reasons, including those from narrations, as giving opinion over jurisprudential issues while ignoring shohrat-e fatwaei may provoke the reaction of the jurisprudential community and the public. Feiz Kashani is one of the Islamic jurisprudents about whom such an argument has been raised in the books of Islamic jurisprudence. Scrutinizing this issue in his and in other jurisprudents’ works can help find out the reason for his tafarrod-e fatwaei, which might have been rooted in following valid principles and reasons related to Quranic verses and true narrations. In the present article, after a discussion on tafarrod-e fatwaei and its relation with shohrat-e fatwaei, some examples of Feiz Kashani's tafarrod-e fatwaei in “Mafatih al-Sharayeh” and “al-Wafi” are briefly reviewed and documented. Finally, it is elucidated that, in numerous cases of tafarrod-e fatwaei, he has argued relying on legitimate reasons, including narrations, and, of course, has had some followers during the history of Islamic jurisprudence.