چکیده:
The science of conditions in Shia jurisprudence, much like the science of legal stratagems (ilm al-hiyal) in Sunni jurisprudence, has always been a subject of special attention for Islamic jurists. The need to conclude contracts that did not fall within the framework of specified and customary contracts, and the need to achieve effects and results that were not specifically preceded by an explicit religious precedent—which naturally cast doubt on the validity of those contracts and the legitimacy of those effects and results—was the fundamental cause and primary motivation for the special attention of jurists to the topic of conditions within a contract. In this regard, the condition of result, in addition to being a secondary obligation (conditional commitment) like other types of conditions within a contract and being distinct from the primary obligation in the sense that the attainment of results does not depend on an independent creation and produces results without being dependent on a specific cause, was subject to more scrutiny and precision. Doubts, uncertainties, and subsequent careful examination and scrutiny primarily occurred in the areas of comparing the condition of result with other types of conditions within a contract, the validity of the condition of result, the applicability of the evidence for conditions to the condition of result, the applicability of general rules regarding the obligation to fulfill a contract to the condition of result, causality or at least the instrumentality of independent creation in achieving the result, the questionable establishment of the principle in conditions of results, the effect of stipulating real contracts in the manner of a condition of result, and the possibility of enforcement and waiver of the condition of result. In the present article, those related meanings and foundations that are effective in finding appropriate answers to the aforementioned doubts and uncertainties have been examined.
خلاصه ماشینی:
Doubts and uncertainties, followed by careful consideration and scrutiny, primarily occurred in the areas of comparing the condition of result with other types of conditions within a contract, the validity of the condition of result, the applicability of the evidences of conditions to the condition of result, the applicability of the generalities of the obligation to fulfill a contract to the condition of result, causality or at least the instrumentality of independent creation regarding the realization of the result, the questionable establishment of a principle in conditions of result, the effect of stipulating real contracts in the manner of a condition of result, and the possibility of binding and waiving the condition of result.
What ultimately determines whether effects and consequences are obtained through a condition in addition to specific contracts, unilateral acts, and causes are the proofs (adillah) of those results and effects; that is, in every case, one must refer to the legal reason (dalil shar'i) for that result.
Regarding the validity of the condition of a result, there is such a degree of certainty that the jurist of the Ahl al-Bayt, Sayyid Muhammad Kazim Tabataba'i Yazdi, in a contract such as a pledge (rahn)—which in legal terminology is called a real contract and whose realization depends on the taking of possession (qabd) of the pledged item (Article 772 of the Civil Code)—has considered the condition of a result to be valid and effective ("یجوز الضمان بشرط الرهانه فیرهن بعد الضمانبل الظاهر جواز اشتراط کون الملک الفلانی رهنا بنحو شرط النتیجه فی ضمن عقد الضمان" (Tabataba'i Yazdi, 1419 AH, 770/2)).
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