چکیده:
Some contemporary jurists, contrary to the famous opinion of jurists regarding the inequality of men and women in retaliation and blood money, have argued for equality between them. While criticizing the well-documented narrations of the majority, they have relied on other narrations as conflicting narrations with the famous documented ones. The present article aims to explain this conflict and provide a solution for its potential resolution. It appears that based on the analysis performed, the documented narrations of the majority possess the necessary validity and authority, and the opinion contrary to the majority is not defensible. This opinion (contrary to the majority), which does not have much precedent because it lacks significant documentary evidence, has attempted to create conflict between the narrations and undermine them fundamentally, whereas the narrations cited by the majority opinion are firm and indisputable in terms of both chain of transmission (Isnad) and implication (Dalalah).
خلاصه ماشینی:
Kulayni narrates through these two chains from Hasan bin Mahbub, who is one of the 'Companions of Consensus' (Ashab al-Ijma'), and the trustworthiness of him and his teachers is a matter of consensus among the elite of the Shi'a, as reported by al-Kashshi (Kulayni, 1367, Vol. 7, p.
Semantic investigation: Translation and analysis of the narration: Abdullah bin Sinan narrates from Imam Sadiq (as) and says: I heard that the Imam, regarding a man who had killed his wife, said: If the woman's family (the heirs/next of kin of the woman) wish to kill the murderous man, they may kill him and pay half of the blood money (diya) to the family (the heirs of the woman).
(حرّ عاملی، 1۳47، ج19، ص59؛ کلینی، 1365، ج7، ص298؛ طوسی، 1364، ج10، ص348 و ج4، ص265) Chain of narration investigation: Ali bin Ibrahim (his trustworthiness has passed), Muhammad bin Isa (bin Sa'd bin Malik) has also been authenticated by Najashi (Najashi, 1365, p.
Summary Investigation: In this narration, Abu Basir asked Imam al-Sadiq (as) about injuries until the Imam said: If a man intentionally kills his wife and the woman's people intend (her guardians) to kill the man, ردّوا الی اهل الرجل نصف الدیة و قتلوه, they must pay half of the man's blood money to the man's family and then kill him.
In this narration as well, the expressions "ردّوا الی اهل الرجل نصف الدّیة و قتلوه" and also "تقتل و لا یغرم اهلها شیئا" are explicit that there is no equality between men and women in retaliation and blood money, and the woman's people must pay half of the man's blood money so they can seek retaliation against the murderous man.
(
, 
, 
)
