نشریه فقه اهل بیت
پیاپی 65 (بهار 1390)

Continuing the previous topic in the last volume, the author discusses two conditions in paying alms for the property: ownership and possibility of possessing. He mentions that the alms should be paid for the owned possession of individuals. Thus, he examines the Hadiths mentioned by some scholars to prove the condition of ownership. However, he notes that none of those Hadith refers to the subject and this condition is to be understood by some common reasons. The essay continues with the possibility of ownership and its difference with the previous condition. The author thoroughly differentiates between possessing and possibility of possessing, dividing ownership into using the owned possession and transmitting that. He also notes that there are two possibilities for possessing something; possessing that, and knowing the possibility or impossibility of possessing that. He highlights the ownership as the major condition and concludes that referring to three groups of narrations on this subject, using and possibility of using are major concepts and common behavior shows the range of each.

This paper tries to elaborate the concept of sale contract in Islamic Fiqh. Presenting Sheik Ansari's analysis about the definition of sale contract, the author discusses that whether the subject of selling should be an object or just any kind of property one owns. He concludes that even if the condition for selling is the objectivity, through differentiating types of objectivity we can consider a wider range of meaning than just its common concept; a range of meaning including all types of possessing, above all ownership. The author then mentions Sheik Ansari's opinion about the price, which notes that the price should not necessarily be objective but can be considered as owning subjective matters as rights, debts and acts. The difference between selling and exchanging, according to Ayatollah Shahid Sadr, is the next part. The last topic is the comparison between selling in Islamic Fiqh and conventional law, referring to the opinions of Abd-al-Razzagh Sanhouri.

The essay discusses the husband and wife inheriting each other, based on Quranic proof, verse 12, sura 4. The verse categorizes some different conditions which note that the widow or widower may inherit certain portion of the inheritance. The author first brings an introduction and explanation on the verse and then mentions the philosophy of legislating the inheritance being discussed in the verse. He also highlights the condition in which the verse had been revealed and the morphology and literary aspects of the verse. The main body consists of fifteen topics being discussed as the significances of the verse.

This essay examines one of challenging topics in Book of Fasting, i.e. travel of the one who fasts in Ramadan. The famous decree is that one should break his/her fast if traveling before noon, and keep fasting if travels after noon. The author mentions the other opinion that highlights one should keep fasting if one has not intended to travel from the previous night. In other word, if one intends to travel the next day before noon, one is allowed to break the fast the other day. However, traveling without the previous night intention to travel does not permit him/her break the fast. The author examines different opinions on the subject and concludes that in general, traveling before sunrise and after that, if intended beforehand, one should break the fast; this is as the opinion of Sheik Hor Ameli.

According to acts number 267, 549 and 551 of Islamic penal Law of Iran, helping the person who is sentenced to death as the retaliation for the crime of murdering has been considered as a crime, and based on Fiqh, the assistant is introduced as the absolute responsible one and hence to be necessarily punished. The author refers to authentic jurisprudential references and analyzes the basis of this crime, concluding that the assistant to escape is relatively responsible.