جستجوی مقالات مرتبط با کلیدواژه « راوی » در نشریات گروه « فقه و حقوق »

Raf~ hadith is one of the most important hadiths that is cited in the principles of jurisprudence to prove the principle of Bera'at Shar'ee and has a wide application in jurisprudence. Some contemporary jurists have raised some problems regarding the documentary validity of this hadith and the ability to cite it.                                                                                                                                      In this essay, by using the descriptive and analytical method, while criticizing and reviewing the views, we try to prove the documentary validity of the quotes that contain the phrase "Rofe'a ma la ya'almun", based on different bases in the validity of traditions and documents. In this regard, we have opened paths for the general and specific verification of the narrators and trust in issuing the theme of "Rofe'a Ma La Ya'almun" due to the reliability and multiplicity of narrations

There are few chapters in narrative sources that do not have at least one case of conflicting hadiths. Therefore, solving the conflict of hadiths has always been the concern of jurists, and efforts have been made for the purpose of conventional combination and preference among hadiths. In the meantime, the role of the narrator’s question in the collection of hadiths and implementation of preferences has been neglected.This article tries to address the narrator’s question in the context of solving the conflict of hadiths by using the descriptive-analytical method. Narrator’s question is a sign of the narrator’s diligence in narrating the hadith and the evidences related to it, and it has the authority to resolve the conflicts caused by the illusion of unity of the subject. The narrator’s question is an uninterrupted indication to the specificity of one hadith over another and the closeness of the content of one hadith to another, and is among the important sources of extracting the narrator’s understanding, the narrator’s conjectures, thoughts and illusions and the sīras existing in the era of the Infallibles and other effective evidences in drawing inferences of the legal injunction.

In narratives quoted by holy prophet (pbuh) and the Imams (pbut), divorce is considered as a hateful subject and those who divorce their wives with no sufficient reasons are seriously criticized. Several narratives in Shiite or Sunnite texts and many other references suggest Imam Hassan (pbuh) as a Mitlaq (The Divorcer) who had gotten married with several women but divorced them consequently without any specific reasons. Such narratives are in conflict not only with the narratives which call him the chief of the youth of Eden, but also with his highly religious rank and adorable piety. A close investigation through Sunni narratives indicates that being Mitlaq has never been mentioned in any of the six main Sunni books and there are only two narratives in this regard in Musnnaf Ibn Abi Shaybah, the narrator of one of which is accused of negligence and hallucination. On the other hand, though there seems to be a rather large number of such narratives among Shia narratives, they can’t be counted on due to their anonymous and weak narrators or the undependability of the documents. Not only are the accounts narrated in history books written with a large temporal distance from the life time of Imam Hassan (pbuh), but also due to discontinuity of the document, narrator’s weakness and other such deficiencies none of them can be relied on. Therefore, it can be concluded that with regard to the accurate narratives regarding commitment of Imam Hassan (pbuh) to religious commands and his avoidance of illegitimacy or even Makruhat on the one hand, and the inaccuracy of the narratives regarding his being Mitlaq on the other, attributing being Mitlaq to Imam Hassan (pbuh) contradicts the reality and, though noted, has no scientific basis.