چکیده:
Despite numerous statements in the narrations of Shi'ite Imams (peace be upon them) which strongly deny socially institutionalized discriminations against girls, making quests for the son by his parents is recommended in Shi'ite jurisprudence. The validity of this rule in jurisprudential texts has not been examined by methodic meticulousness. Although there is no valid traditional reason for the child to be a son, requesting for son has been repeated in most jurisprudential texts. This inconsistency has been critically investigated in the present article by answering two questions: the question of how the word ‘son’ has been entered into these texts from the book Al-Nehayah by Sheikh Tusi, and the question of why this rule has not been examined by methodic meticulousness. Analyzing the narrations and jurisprudential texts, it becomes clear that this rule has penetrated into the jurisprudential texts since the time of Sheikh Tusi without any clear reason and has continued to exist until the time of Yazdi and afterwards. Finally, this issue has been examined by proposing three possible explanations, among which the effect of jurists’ subjective presuppositions during the study of narrations has been evaluated as a more appropriate explanation.
خلاصه ماشینی:
The issue of "the desirability of seeking a male child" in jurisprudential texts: An example of leniency In examining the narratives of recommended rulings Majid Dehghan * Assistant Professor, Department of Jurisprudence and Law, Women and Family Research Center, Qom, Iran (Date of Receipt: 2020/07/07; Date of Acceptance: 2021/01/15) Abstract Despite numerous statements in the narratives of the Infallibles (AS) that strongly reject discrimination against daughters, the desirability of seeking a male child has been considered recommended in Shiite jurisprudence.
Shaykh Tusi narrates this narrative in *Tahdhib* with the same text but with a different chain of transmission that does not reach al-Qasim ibn Yahya (Kulayni, 1407 AH, vol.
In this narrative, unlike other narratives of this type, the requested child is a son, and it can be a suitable reason for the desirability of the discussed ruling, as Fazil Hindi also considered this narrative as evidence for the ruling in *Kashf al-Latham* (Fazil Hindi, 1416 AH, vol.
This narrative is narrated in the book of al-Qasim ibn Yahya, known as *Adab al-Amir al-Mu'minin* (Etiquette of the Commander of the Faithful), and contains about four hundred narratives that are mentioned with the same chain of transmission from Imam Ali (AS).
As mentioned earlier, no word indicating that the child is a son is found in any of these narratives (Hilli, 1 beta: 574; Shahid Thani, 1413 AH, vol.
Except for *Kashf al-Latham*, no fiqh texts discuss the gender of this requested child, and even in argumentative books, narratives are mentioned regarding this issue that are devoid of any word indicating that the child should be a son.
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