Investigating the Effect of Dissociation of Ta‘āruḍ and Tazāḥum on Jurisprudential Inference

Tazāḥum in the meaning of "competition of two propositions in practice" does not have a long history in jurisprudence. It does not occur to separate tazāḥum from ta‘āruḍ or conflict resolution, prior to the late jurisprudent Bihbahānī. From a historical perspective the first jurisprudent who has raised this issue was the late Nā’īnī. After him, in the principles of Imāmī jurisprudence, it has been called tazāḥum when two legislations are conflicted in practice and independently discussed. In spite of this separation, it is difficult to diagnose some cases and in many cases the disagreement between jurisprudents is still evident. In this article, which is written in a descriptive and discretionary method, it is expressed that if the statement that comes in the legislature also refers to the authority, it is a conduit of ta‘āruḍ, but if the proposition that comes in the legislative stage does not refer to the practice stage, ta‘āruḍ will not take place. In this regard by historical explanation of the above two terms, ta‘āruḍ and tazāḥum, it has been shown how the "condition of power in duty" and the "possibility or impossibility and acceptance or non-acceptance of tarattub can be the source of these differences.