چکیده:
The most important reason for the authoritativeness of the apparent meaning of words and phrases of the verbal sources is the intellectuals’ stipulation [basis]. The question is: can this stipulation have an impact on the semantic shifting of words and phrases? If the answer is affirmative, how would it have such an impact? The intellectuals’ stipulation, sometimes as a rational indication, associated with the words and phrases, has an impact on the semantic extension or semantic limitation, and sometimes it has an impact on the construction of premises on the stipulation of which a general meaning for the words and phrases is established. In addition, the distinction between the custom and the intellectuals’ stipulation at the time when the verbal sources are issued and the time when the said sources is used is necessary. By giving some examples of the law of contract, this article introduces this impact of the intellectuals’ basis. In addition, the possible objections to the authoritativeness of this use of the intellectuals’ basis have been raised and answered.
خلاصه ماشینی:
(Isfahani, 29/3 & 30) C: Sometimes the rational basis also changes past inferences by influencing the connotation of words and, consequently, the apparent meaning of verbal evidence, and establishes a new ruling.
The quoted phrase has been summarized by the authors, and the original phrase of Mujtahid Tabrizi is as follows: “Indeed, scholars may rely in their jurisprudential and Usuli books sometimes on the custom of the people, sometimes on the practice, and sometimes on the Bina-ye Uqlā, and these three evidences have a point of agreement in terms of agreement on a matter and a point of distinction in terms of whether the agreement of those who agree is due to their understanding of it, or due to their adherence to a religion, or due to their reason.
(Sadr, Research in the Science of Principles, 197/9) In this example, Bina-ye Aqla, by changing the appearance of the phrase and presenting a different appearance, also changes the ruling derived from it, and thus even if the price is not paid within three days, the contract remains valid and only its obligation is removed.
(Ahangaran, 304/3) With this analysis, Bina-ye Aqla influences the way of understanding and indicating the verbal evidence, and different effects and rulings will be inferred from this verse.
(Muhaqqiq Hilli, Ma’arij al-Usul, 52) Here too, the jurist, by using the rational foundation, infers a specific meaning and apparent meaning for the word or phrase, and if there is doubt as to whether the same meaning and apparent meaning discovered existed at the time the evidence was issued or whether the phrase had a different meaning and a different apparent meaning that changed over time, by relying on the principle of non-transfer, he rejects this possibility.
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