General Rules of Jurisprudence Lesson 17

1. General Rules of JurisprudenceLesson 17 القرعة لكل أمر مشكل ALQUR’ATO LEKOLE AMRIN MOSHKIL – Part two Drawing lots is solution to every complex problems The source Solution for vagueness: Specified or not Can it be used for other than disputes QUR’AA is a General Principle QUR’AA is a practical (USL) principle and not EMAARA (evidence) Can other than the Imam (AS) perform it QURAA compulsory or an option Application How to perform QURAA

2. Cont. Source or evidence • The narrations: There is TAWATOR in meaning: • General narration:وسائل الشيعة ج27 ص243 ـ ص261 The SAHEEH of Mohammad son of Hakeem: I asked Abo Alhassan (AS) about a thing, he (AS) said: “Every unknown is ruled out by QURA’A” I said: The QURA’A could be accurate and could be inaccurate?, He (AS) said: What ever Allah has made it as a rule is not inaccurate. عن محمد بن حكيم، قال : سألت أبا الحسن ( عليه السلام ) عن شيء ، فقال لي : كل مجهول ففيه القرعة ، قلت له : إن القرعة تخطئ وتصيب ، قال : كل ما حكم الله به فليس بمخطئ . The explanation: The word KOL or every indicates generalization. The draw of lots or QURAA though it may not be exactly accurate, there is a possibility that 50% may be accurate and 50% inaccurate, but Imam (AS) mentions since it is the ruling of God then it will be considered as accurate. ERAWANI: The narration is SAHEEH in the view of the scholars, and Mohammad ibn Hakeem was trusted representative of Imam Redha (AS).

3. The wording ofالقرعة لكل أمر مشكل Such wording has been narrated by weak narrations: وقال المولى محمد تقي المجلسي في روضة المتّقين : عن النبيّ (صلى وآله)  : أنّ كلّ مشكل فيه القرعة QURA’A rules in every complex problem • عن علي وأبي جعفر وأبي عبد الله عليهم السلام أنهم أوجبوا الحكم بالقرعة فيما أشكل. المستدرك 17: 373 • Imam Ali (AS), Abo Jafer (AS) and Abo Abdillah (AS) made the QURA’A a compulsory rule in every complex issue. • As mentioned though these are weak narrations but they are plenty which reaches the level of TAWATOR in the meaning as claimed.

4. Specific narrations: In specific cases صحيحة إبراهيم بن عمر ، عن أبي عبدالله ( ع ) ـ في رجل ـ قال : أول مملوك أملكه فهو حر ، فورث ثلاثة ، قال : يقرع بينهم ، فمن أصابه القرعة اعتق ، قال : والقرعة سنة. وسائل الشيعة ج27 ص243 ـ ص261 In the SAHEEH HADEETH of Ibraheem ibn Umer, who narrates from Abo Abdillah (AS) regarding a man who said: the first slave I will own will be free, and he inherited three together, He (AS) said: A QURA’A should be performed between them and who so ever hits the lot is freed, He (AS) said: And the QURA’A is SUNNAT (a practice which was practically done by the Prophet (S). The word QURA’A is SUNNAT in the end could indicate that it is a Generalization. • Besides this narration there are plenty narrations regarding the QURA’A. • The life of intellectuals has not changed in this issue and the acknowledgment of the Infallibles (AS) supports such practice.

5. Solution for vagueness: Specified or not • The QURAA is used in situations where defined things are lost. So the thing has to be specific or specified, but such specification becomes vague in between other options, therefore the QURAA is used to define such specified which is lost in between other options. • Exmp: A person divorces one of his wives specifically, and then he gets confused about which of them, like he had 3 wives named Fatima, and now he doesn’t know which Fatima he divorced, he was sure at the time of divorce, by now he got confused. So it was specified but the specification became lost, here the QURAA will be implemented. • But if he says one of his wives or one of the FATIMAS, is divorced, and he did not specify from the beginning, then in this case QURAA is not valid. • ERAWANI : Both cases are implementations of QURAA, due to the lifestyle of the intellectuals, the SEERAT UL OQALA does not differentiate in both cases, the intellectuals use this method to solve the problems where components are mixed and cannot be specified, either they were specified from the beginning or not. The same is indicated from the SAHEEH narrations .

6. Can it be used for other than disputes? • It is debated that whether the QURAA is used only in disputed cases and conflicts which requires a judges or jurists decree, or it is general for any confused and complex situations. • ERAWANI: It is for both cases, disputed or undisputed because the evidence does not specify. For example, there is a child whose father is known between two person, both of them do not know whose son is he, this is undisputed case, they both do not claim, but if they both claim and have a dispute, then such case is reported to a judge or a jurist to solve the conflict. • The same thing for a dispute on a house, both have evidence that the house is his, so the judge solves this problem with the draw of lots.

7. QUR’AA is a practical (USL) principle and not EMAARA (evidence) which reveals the reality. • EMARA is an evidence which acts as an evidence which reveals or discovers the reality such as the narration of the trusted, and USL is practical principle which is used to define the practical responsibility for a doubtful situation, such as ESTISHAAB, which does not reveal the reality or discovers it, but defines a practical responsibility. • It may seem from some of the narrations that it is EMARA, but the truth is that it is USL, or a practical solution to solve a complex problem. • It is a type of reliance on Allah and putting the faith in what ever will be the result of the QURA’A will be as God pleases, so they have to agree on the results for the sake of God either the result was in the favor or against.

8. Can other than the Imam (AS) perform it? • Some scholars mentioned that the QURAA is the responsibility of the Imam (AS), no one else can perform it. • ERAWANI: As mentioned there are two types of cases, disputed and non disputed, the disputed cases which requires the Jurist or the Judges decree. In the first type it is performed by the Jurist or the judge or under his command to solve the dispute, which is his responsibility . • In non disputed cases, the parties can make an agreement to abide by the results and after that they can perform it. • The hadeeth which restricts the use of QURAA by the Imam (AS) only is MORSAL or unlinked and others are weak, and even if it is linked it can be taken in the disputed matters the Imam or his representative can perform it, otherwise it will be difficult to solve the complex problems which requires QURAA in our times.

9. QURAA compulsory or an option • That means is it compulsory to abide with the results of the QURAA or not? • The answer depends on three different situations: • If the QURAA was a decree of the Judge, either dispute or non dispute such as defined the sex of a complex sex child, then yes it becomes compulsory. • If I said in my NADHR (oath) that the first one gift I receive I will give it in charity, and I received three gifts at same time and moment, so here I have to give one, but I do not know which one is the first, so if I perform QURAA, then I will have to abide by the results. Or I will gift the first person enters my house, and three entered together, and I can only gift one of the three, and that was my NADHR, so here also I will have to abide by the results. • If it was on unnecessary issues, then it is not compulsory.

10. The Application • Every complex or unknown subject where none of the other Islamic principles or rules can be implemented to define it or make it clear, and this can be perceived by the lifestyle of the intellectuals. • It cannot be implemented on the doubtful rules “SHOBHA HOKMIYA”, for example to find out that smoking is forbidden or not?! Because there are principles such as EHTIYAAT (precaution) or BARAA (Freedom from responsibility). • The rules are titles and not existing selves (ZAAT), QURAA is used on the unknown ZAAt and not the rules. • The same thing is about the doubtful situations in the Subjects (MODHOO’) or the SHOBHAAT ALMODHOOIYA), where other principles can be used, such as a doubtful land between two parties, one can prove by evidence, if not then the second can deny by the swear, or the rule of HAND. So if we have rules and principles defining doubtful situations , then QURAA cannot be used. • So the QURAA is last solution, when none of the principles can be used.

11. How to perform QURAA? • There is no specific way to perform it, what ever ways mentioned in the Qur’an or the Hadeeth are the methods known in that time, yes for the dua in some narrations can be taken as an important recommendation, so that by involving Allah in it might lead to success in hitting the truth in the draw of lots. • صحيحة الفضيل بن يسار قال: (سألت ابا عبدالله عليه السلام عن مولود ليس له ماللرجال وليس له ما للنساء قال: هذا يقرع عليه الامام، يكتب على سهم عبدالله، ويكتب على سهم آخر امة الله، ثم يقول الامام او المقرع: (اللهم انت الله لا اله الا انت، عالم الغيب والشهادة انت تحكم بين عبادك فيما كانوا فيه يختلفون،، بين لنا امر هذا المولود حتى يورث ما فرضت له في كتابك) ثم يطرح السهمين في سهام مبهمة، ثم تجال فأيهما خرج ورث عليه) • SHEEH of FODHAYL son of YESSAR said: I asked Abo ADBILLAH about an infant who does not have what men has, and does not have what women has, he (AS) said: Imam performs QURAA on him, on one piece of paper it is written servant of God, and on another it is written maid of God, and then the Imam or the person who performs the QURAA say:( DUA….), the lots are made unknown and then a lot is picked, based on that the inheritance is given to the infant.