مجله پژوهش های فقهی
سال چهاردهم شماره 3 (پاییز 1397)

The Grammarians have known three meanings possible for " Wav" in "لا تاکلوا مما لم یذکر اسم الله علیه و إنه لفسق" (Anaam: 121): case, resumption, conjunctive. Of course the difference among these ideas has been resulted the contest of the spiritual specification of this verse. So this paper has analyzed the meaning of " Wav" in this holy verse, descriptively and analytically. The result is that the pronoun in "و إنه‏ لفسق " refers to "اکل" which is derived from "لاتاکلوا", or "عدم الذکر" which is derived from "لم یذکر", so this verse doesn't mean, Don't eat the butchered animal, and it's not a vice, but in terms of the specification, it is one of the evidences of the vice. In this verse, vice means the sacrifices isn't lawful. In fact, " و إنه لفسق" describes the reason of unlawfulness of the sacrifices that has been butchered without saying the name of God, because it is a vice and egression of God's servitude. This meaning is just matched with conjunctive or resumption not case.

One of the issues and problems discussed in the electronic agreements is the proviso of succession between necessitating and acceptance. Because, according to some legal articles and jurisprudential viewpoints, the succession between necessitating and acceptance is necessary. On the other hand, it seems, at the first glance, that there is a gap between necessitating and acceptance and the proviso cannot be observed. This article, after studying the elementary basis for the necessity of succession and its background, collecting and analyzing all the reasons of this proviso and comparing them with the electronic agreement, and also after studying the existence of succession and the possibility of observing it in such agreements, has reached to this legal conclusion that, first, the succession between necessitating and acceptance is not necessary due to the insufficiency of the reasons of the proviso. Second, if the mentioned reasons are enough it does not include the electronic and written agreements. Third, in electronic agreement, even in Off-line form, there is a succession between necessitating and acceptance or it is possible to make succession. Therefore, according to all jurisprudential viewpoints, the electronic agreement is either totally correct or there is a possibility to contract such an agreement by observing succession.

Human being, who is terrified with any resonant voice, is suddenly confronted with thousands of unfamiliar phenomena upon his arrival to hereafter. In the narratives, this is interpreted as the first night of the grave. Prophet Muhammad (peace be upon him) solved the problems of dead person in this scary step of human life; he recommended that the survivors should give alms on behalf of the departed, while poor survivors are recommended to hold a prayer called “horror prayer” for the dead person. The principle of this issue does not exist in the second-period jurisprudence (known as “motaqaddemin jurisprudence” that lasted from 329 to 543 Hijri), and third-period jurisprudence (known as “mota'khkherin jurisprudence” that lasted from 543 to 940 Hijri) and it has been incompletely raised in fourth-period jurisprudence (known as “mota'akhkher al-mota'akhkherin jurisprudence” lasted from 940 to 1205 Hijri). Therefore, both poor and rich people are recommended to hold a “horror prayer” for the departed, so having or not having wealth is completely ignored. Hence, not only all righteous people, but also all jurisprudential books written in third and fourth periods, as well as all Islamic law books (Taudhih Al-Masa'il) written in the contemporary period consider the horror prayer as the only recommended deed for burial night. While studying historical-jurisprudential origins of this issue and analyzing the narratives and quotes by means of ijtihad, the current paper tries to examine the original tradition of Islam that is related to this sensitive step of human life. I hope that my paper is accepted by jurisprudential community, so the Islamic law books (Taudhih Al-Masa'il), speech of Islamic missionaries and deeds of righteous people can be reviewed also in this regard.