The Invalidity of Khabar al-Wāḥid as Restricted to the Transactions and Contracts

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
According to the widely known viewpoint of the Uṣūlīyūn, khabar al-wāḥid (tradition with a single transmitter) is valid as a special presumption (ẓan al-khāṣ). The most important reason for its validity is considered to be the intellectuals’ attitude. But some others, citing the reason for obstruction (insidād), use akhbār al-wāhid for the absolute benefit of presumption. What needs to be discussed is whether the validity of the khabar al-wāḥid is used in the same way in both parts of worship (ʻibādīyāt) and transactions. Written in a descriptive-analytical method, this study shows that by proving the principle of non-devotional transaction rules, in its specific sense, the Akhbār al-Āḥād of these chapters are not useful for the presumption of survival (ẓan bih baqāʼ). Therefore, the proof will not be valid due to obstruction. Thus, in the chapter on transactions and contracts, Khabar al-wāḥid cannot be considered as validation either because of a specific proof or because of obstruction. Consequently, legislation in the field of transactions and contracts is the responsibility of experts (jurisprudents) and their compliance with the general purposes of the sharīʻah, such as non-ghararī (uncertain) and non-harmful. However, the usefulness of the narrations of the mentioned chapters can be indicative of the attitude and perception of the lawmaker (shāriʻ) in setting the laws of the society. As a result, the invalidity of akhbār al-āḥād will be useful for restricting transactions to contemporary transactions of maʻṣūm (infallible) and the transactions approved by him.
Language:
Persian
Published:
The Research Journal Fighi & Usuli Research, Volume:10 Issue: 1, 2024
Pages:
177 to 204
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