Lesson 17 Usool Al Fiqh: The Practical Rules (Principles)

1. Lesson 17 Usool Al Fiqh: The Practical Rules (Principles) Primary rule in a doubtful situation Secondary rule in a doubtful situation Presumption of Continuity (extension of previous knowledge- ISTISHAAB)

2. Primary rule in a doubtful situation • When a Jurist faces a doubtful issue, such as smoking for example, so the first attempt will be to find an evidence that defines the ruling of smoking, but if the evidence is not available, the second attempt will be to define a practical rule (USL AMALI) which defines the practical responsibility (WADHEEFA AMALIYA)

3. T he Rational Precaution or Freedom • Two methods: • Freedom from liability (rational exemption) BARA’AA: Ugliness of punishment in the absence of declaration. Rationally it is indecent on the master to punish the disobedient responsible person without giving him a warning.

4. 2-The method of right of obedience • Precaution: A doubtful person in regards to his responsibility should perform EHTIYAAT, Why? • Because the reason or the AQL which imposes us to worship our Master Allah (SWT) and obey Him, also defines the range of His obedience, and that range includes His obedience in every possible or doubtful duty. • Unless if Allah (swt) declares that he is not interested in the precaution.

5. The meaning of Precaution • Perform the doubtful obligation • Avoid the doubtful prohibition • Repeat the multiple options • The correct method is the Rational precaution, because there is a difference between the regular master and the Master of the masters, unless if there is a religious evidence which exempts us from implementing the doubtful duties.

6. Secondary rule in a doubtful situation • There are few religious evidences which exempt the responsible person from implementing the doubtful duties and responsibilities: The narration of the Prophet (S): “My nation is not responsible for what they do not know” , and the verse of the Quraan: [17.15]”…, nor do We chastise until We send a messenger”.وَمَا كُنَّا مُعَذِّبِينَ حَتَّى نَبْعَثَ رَسُولاً • The exemption includes every type of basic doubts either in the ruling (SHOBHA HOKMIYA) such as the ruling of smoking, or in the subjects (SHOBHA MODHOOEYA) such as the doubt in the liquid

7. ISTISHAAB • Presumption of Continuity (extension of previous knowledge) or Adherence to the former state of certainty. • The evidence of this principle is the true (SAHEEH) narration of Zorarah, who reports the statement of Imam Sadiq (AS): “Certainty is not invalidated by doubt.” i.e. there has to be a previous certainty before the doubt.

8. Conditions of ISTISHAAB • The previous certainty: The doubt could be in ruling (Obligation) or in subject (sunset), it includes absolutely every type of doubt which is preceded by certainty, because the evidence did not detail or specify, unlike some of the USOOLIST who excluded the doubts in rulings from this principle.

9. 2-Doubt in the continuity of the previous state: • There are two types of things which a person might doubt in its continuity: • Extendable: Purity of the water, the doubt here is in the remover (RAFE’) • Non extendable: Sunset, the doubt here is in the requisite or the nature of that thing (MOQTADHA) • The USOOLIST disagreed on implementation of this principle in the second case, but the evidence of ISTISHAAB is absolute, and did not specify.

10. 3- The Unity of the subject • If the impure water turns into steam, then we cannot implement ISTIS-HAAB, because the previous certainty is different then the doubtful status.