Investigating the Possibility of Extracting Ḍiman (Guaranty) from the Texts of Ahadith on Respect

One of the fiqhi principles is respect (also mentioned as rule of respect) as the basis of civil liability. In spite of mentioning some Quranic verses and the methods of elite scholars of jurisprudence as proofs of the rule of respect, it is believed that the most important source for proving the rule of respect is the related ahadith. The question is, can the ahadith related to respect, as a fiqhi principle, justify ḍiman which is a contractual or contract-based rule and also is the basis of civil liability? In the present study, by not accepting the views of the jurists who extracted ḍiman from the hadith " ملل الیحل "المسلم اال عن طیب نفسه 1 , the implications of the two ahadith, “ذهلب الیصلح " حق احد " حرمه ملله کحرمله دمله" and 2 3 , regarding ḍiman are accepted, and then by rejecting the proposed objections, it has been proved that according to a more acceptable view, the latter hadith is on respecting the believer, and respecting to the believer considering taklifi1 hokm (verdict) merely as not to seize the Muslim property is not in harmony with that; however, the actual respect is based on not permitting the seizure or confiscation of the property of the owner without his/her permission, and this respect also should mean ḍiman or guaranty in case of the loss of wealth or property.