A Survey about the Necessity or Possibility of Moaatat (Concession), in the Matter of Debt as One Part of Transaction

There is a lot of dispute about concession as a common way of transaction. Among them, the necessity or possibility of concession in the matter of debt, is the axe of discussion between jurists. By considering the commonness of concession and the importance of its related matters, the present article, by an analytical-descriptive method, firstly establishes a primary principle in the issue and then based on each of the two jurisprudential views around the necessity or possibility of concession, these two ideas have been examined. According to these surveys, the primary principle in the issue, based on the idea of ownership possibility, is the necessity of concession and based on the idea of possession permission, the first principle is the possibility of concession. Based on ijtihadi reasons, beside the primary principle in the issue, whether the concession has been considered as a necessity or possibility, the idea of  necessity is more acceptable. The principle of necessity, the continuity of inadmissibility of debt claiming rule (in the case of debt  feasibility), essentialness of considering the certain cases of Ijma (consensus) which have been excepted out of the necessity, could be the reasons which would prove the matter of necessity.