A Study of the Rule of Al-Khiraz Bil-Ziman, with Emphasis on Imam Khomeini’s Viewpoints

One of the famous rules in Islamic jurisprudence is the rule of Al-Khiraj Bil-Ziman. This tradition has not been reported in the Shia sources of tradition and according to most of the Shia jurisprudents this tradition is not authentic. Regarding its connotation too there are differences of opinion among the Imamiya and other jurisprudents. However, since this rule has serious legal consequences, it is pertinent to study its document, connotation and controversies around it as well as the viewpoint of Imam Khomeini. Some of the jurisprudents argue that this tradition denotes to civil jurisprudence and responsibility and maintain that according to this rule everyone is responsible for the good itself and has no responsibility regarding its benefits. The Sunnis maintain that this rule applies to responsibility in absolute term, either forged or forced. Another group like Ibn Hamzeh, argue that this rule applies only to cases that are based on contract. Sheikh Ansari and many other jurisprudents confine the jurisdiction of this rule to proper contract and maintain that according to this rule benefits follow the origin itself. On the other hand, Imam Khomeini maintains that tribute is tax and has discussed the denotation of this rule in the field of governmental jurisprudence. He argues that according to this rule, the Islamic government is responsible for protecting the interests of the Muslims in lieu of receiving taxes from them. Attempts have been made in this article to discuss variousviewpoints and choose the most justified one.