فصلنامه پژوهش های اصولی
پیاپی 9 (تابستان 1390)

In the of Usul al-Figh following the issue of recommendatory of precaution (Istihbab-e Ihtiyat) and the authenticity (hujjat) of Single tradition (khabar-e wahid), a set of traditions (Ahadis) named “akhbar-e Man Balagh" usually are discussed. In the two parts of this article, more than ten dimensions of the issue (that published in the "No. 4/5" of this journal) are discussed. We assessed the possible meanings of these traditions and their Fighi’s outcomes. The second part of the essay discusses several topics such as the realm of the content of these traditions; their embracement of "Makrouhat"; the point that why these traditions do not include the traditions which are certainly false. The position of decrees are based upon these traditions; Does recommendatory meaning of "akhbar-e Man Balagh" confine to the equivalent sense of these traditions; do " akhbar-e Man Balagh" comprises sentences of a Fagih; and at the end, we discuss about the outcomes of self- recommendatory of these traditions.

For recognizing alteration and fixation of the rules deduced (Ahkam) from the traditions (Ahadis) three stages have to perform by Jurist (Faqih): In the first stage he has to clarify what is the primal principle (Asl) regarding the problem of alteration and fixation of the deduced laws (Ahkam); In the second stage he should try to find some evidences in favor of stability or changeability of the rules (Ahkam); and in the third stage he has to evaluate possible contradictions or consistency that the evidences might have. In the first part of this essay (that published in the previous issue of this journal "No. 8") it was discussed the first stage and the first part of the second stage, so the rest of the issue is completed in this essay.

One of the objections to the theory of conditional obligation is that: the significance of configuration is Copulative meaning therefore cannot be qualified; because qualification implicates independent consideration of the qualified meaning. Many of researchers reply to this objection. The researcher Khouie maintains that Copulative meaning can be considered on its own. The researcher Khorasani and The Esfahani argued that while Copulative meaning is relational and interconnector meaning consequently cannot be considered independently, but it at birth can be produced qualified without any problem. However, Esfahani and Imam Khomeini argued that connective meaning could be considered in second consideration, despite its original copulative and relative nature. Naeini while had accepted impossibility of qualified configuration, argued that qualification in conditional obligation has no connection to the configuration, in his eyes the qualification is due to the matter instead of the configuration. This article puts under scrutiny these approaches and their arguments verifying the first and the second approaches.

This essay is going to prove that we can realize the real meaning of the author’s utterances by referring to appearance (zohur) of the text, which manifests specified meaning. Therefore, appearance (zohur) of the text is binding (hujjat) inherently and we can know real judgments of lawgiver by the means of comparing these with the intents of sharia's proofs. This is contrary to a famous idea which argue that being binding of the appearance (zohur) of the text is conventional and is not inherent, because it is at last refer to a non-certain Knowledge (zann) of the real meanings of the author’s utterances.