Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
( Irab!)
ii. Wording of sentence implies prohibition in common sense;
this prohibition is wadi rather than taklifi (i.e. invalidity).
iii. The chain is: Solitary (ahad) and reliable (thiqa), because
Yaqub b. Shuayb is reliable
iv. And the Lawgiver has instructed us to accept the word of a
solitary reliable narrator.
v. So we conclude: Submerging the head in water while fasting
is prohibited.
b. Second question: Does someone who inherits money from his father
have to pay khums on it?
i. We have a narration stating that khums only applies to
inheritance not received from a father or son.
ii. What does khums ordinarily apply to in inheritance? To a
distant relative dies but he turns out to be the nearest living
heir, this is known as mirath la yuhtasab (unexpected
inheritance); whereas inheritance from a near relative is
mirath yuhtasab (expected inheritance).
iii. Common sense tells us that the import of this sentence is
that the Lawgiver has not established khums in this instance
iv. The chain is reliable through Ali b. Mahziyar
v. And the Lawgiver has instructed us to accept the word of a
solitary reliable narrator.
vi. Conclusion: khums does not apply to inheritance from ones
father.
c. Third question: Does guffawing invalidate prayer?
i. We have a narration:
ii. Common sense tells us that this means that prayer is
invalidated by guffawing
iii. The narrator is Zurara, who is reliable
iv. The word of a reliable narrator is authoritative.
v. Conclusion: Guffawing invalidates prayer.
4. Reflecting on these examples:
a. These rulings are all from different topics of jurisprudence; the
evidences we rely upon for them are different and the wording of
these evidences specific to each narration.
b. And yet there are commonalities between the process the jurist
uses in each of them, for example:
i. Relying on a common sense understanding of the words of
the Infallible (hujjiyyat al-zuhur); because this is a general
discussion that applies to every instance
ii. Relying on a solitary trustworthy narration to establish a
ruling (hujjiyyat khabar al-thiqa); because this is a general
discussion that applies to every instance
c. On the other hand the specifics of each process are like the
particular narrations and narrators; these belong to the study of
fiqh.
d. So the common elements are those which play a role in deriving
multiple rulings, these belong to the study of usul.
e. But usul is not just the study of these common elements, but also
their levels of use and their connections with one another, as we
shall see.