The Capability of Religious Precepts to be Created and Its Impact on Analyzing the Jurisprudential Propositions

Based on the four-stage theory, capability to be created is the first stage of a religious precept. Regardless of the possible existence of a precept capable of being created and different possibilities about its concept, the problem of this research is: what effects does the acceptance of the capability of religious precepts to be created, in the sense of the existence of benefits and harms, have on the analysis of religious teachings and whether some jurisprudential propositions may be excluded from the scope of deduction on the basis of it or in case of knowledge of actual benefits and harms, is it possible to establish a duty and attribute it to the Lawgiver, although it does not exist in the narrated teachings? The results of this research show that capability to be created belongs to the benefit and harm domain and is a preliminary of legislating a religious precept and is not one of its stages. Nevertheless, Imami jurists have utilized the term precept capable of being created in analyzing the religious precepts of different issues. The acceptance of a created precept that never transforms into the actuality stage does not seem to be justified. Since negligence in establishing a precept is not permissible for the Lawgiver and establishing a precept is based on the existence of benefit and harm resulted from the duty-bounds' acts, where the intellect can realize the existence of a benefit or harm for which the Lawgiver has not established an actual precept, due to the correlation between  the precept of reason and the precept of religion, one may believe in the existence of a religious precept created for that act and the legitimacy or illegitimacy of its performance and the problem of the lack of religious precept for emerging issues would be resolved.