Investigation of allocation right in objects without financial value in the view of Shiite and Sunni jurists

The allocation right (The right of appropriation) that is in fact the right to take advantage of and manipulate things which are not regarded as someone's property both traditionally and canonically, is mostly related to the objects without financial value; most of discussions on proving allocation right for such objects are related to impure things, defilements, and forbidden matters that on the one hand taking advantage of them is canonically forbidden and on the other hand they may have some halal (legal) advantages; however proving allocation right in other objects without financial value (e.g. broken pitcher, old and scrap objects, etc.) is not difficult and done based on judgment of the wise. The term allocation right is not often found in primary jurisprudential texts, rather its definition and related canonical orders are only found in discussions about “taking advantage of impure things, defilements, and forbidden matters”. Islamic jurisprudents believe in the continuity of “allocation right” with “license for taking advantage”; however, considering “license for taking advantage” and “license for selling” opinions are different regarding their continuity. Shiite jurisprudents do not believe in it, therefore in such cases they consider “gift” as a solution. However, in some Sunni denominations like Hanafite continuity between “license for taking advantage” and “license for selling” is accepted, so they consider selling of defilements and sometimes-impure things acceptable, because of some halal (legal) advantages existed in them. It is appeared that license for taking advantage of impure things, defilements, and forbidden matters must be restricted to situations of necessity and emergency when there is no other solution, so allocation right for them does not proved in situations that are not emergency.