The Content of the Rule “Al-Kharaj bi Al-Dhiman” and Similar Rules

The rule “Al-Kharaj bi Al-Dhiman” is one of the rules which has been quoted from the holy Prophet of Islam exactly with the same words, and Sunni and Shiite jurisprudents refer to it or cite it in jurisprudential arguments. Although, the brief concept of this rule is clear and shows the correlation between profit and loss, but the scope of its implementation is the position of different votes. On the one hand, some jurists did not heed to it, and said that because of the weakness of the narrative, it should not be acted upon. On the other hand, some others have expanded its scope to all sorts of civil liability and transactions. It seems that, according to the arguments of supporters and opponents, the concept of this rule has to be extended as a principle to all correct and corrupt transactions and to cases of civil liability. But it should be noted that things such as usury transactions are out of the scope of this rule, and issues such as gambling and betting must be specifically excluded for the specific reason. Additionally, there are similar rules which represent the correlation between profit and loss, which by analyzing them, we have come to the conclusion that these rules express the full content of the Kharaj rule, or part of it.