خلاصة:
Regarding the occurrence of Fuduli Iqa', including Fuduli divorce, there is a disagreement among jurists. A group of them, based on evidence such as consensus (Ijma') on prohibiting Fuduli Iqa' and the lack of capacity for Iqa's to be conditional, do not consider the occurrence of Iqa's, including divorce, to be permissible as Fuduli. Another group only considers the application of Fuduli in divorce and manumission to be impermissible, while considering Fuduli in other Iqa's to be valid. Some have hesitated on this issue, and others have considered the application of Fuduli in all Iqa's, including divorce, to be permissible. After criticizing and reviewing the jurists' arguments, the authors finally conclude that given the existence of requirements for the occurrence of Fuduli Iqa' and the absence of impediments, there is no prohibition on the occurrence of Fuduli Iqa', including divorce, which is one of its most prominent examples. This article is organized analytically based on the findings mentioned, providing reasoning and demonstration, as well as critiquing and refuting opposing views and their documents.
ملخص الجهاز:
To such an extent that even Sheikh Ansari, despite having examined the Fuduli flow in the chapter of sale in a detailed and precise manner, has taken the non-occurrence of Fuduli in unilateral acts, including divorce, as an established matter and has only sufficed in this regard by mentioning the consensus of Shahid al-Awwal (Amili, 1414, 3/37) on the invalidity of Fuduli unilateral acts (Ansari, 1415, 8/153).
3. Opinions of Jurists regarding Fuduli Divorce Although it is well-known among jurists that Fuduli unilateral acts are invalid (Imam Khomeini, 1421, 2/127), it can be said that the opinions of jurists in this regard vary: A group of jurists, such as Shahid al-Awwal (Shahid al-Awwal, 1414, 3/37), Mirza Qomi (1413, 2/182), Sheikh Ansari (Ansari, 1415, 8/153), and Tabataba'i Yazdi (Yazdi, 1421, 1/133), believe that the flow of Fuduli in all unilateral acts, including divorce, is void; to the extent that Shahid al-Awwal has claimed consensus (ijma') on this matter, and Sheikh Ansari, based on the apparent meaning of his statement, has considered this consensus to be authoritative (hujjah).
Given what is to follow, it is possible that reasons such as the invalidity of suspension in unilateral acts (iqā'āt) or the narrations regarding divorce or manumission, which are considered as the evidence and basis for this consensus, are subject to reflection and doubt, and consequently, this consensus is not an authority (Shahidi, 1375, 2/211; Tabataba'i Yazdi, 1421, 1/133; Musawi Khoei, n.
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