Research Section: Commitment for the benefit of a third party according to Sheikh Ansari and contemporary legal doctrines مقاله

خلاصه ماشینی:

The Civil Code follows jurisprudence in the aforementioned articles because, as mentioned, although the rule of privity of contracts is generally accepted in Islamic jurisprudence, there are exceptions made to it, including the commitment for the benefit of a third party, which was proposed by Imami jurists, including Allamah al-Hilli, and Sheikh Ansari accepted it after analysis and investigation. Sheikh Ansari in Makasib does not quote Allamah's words in Qawa'id, but instead presents the theories of Tadhkirah, Durus, and Idah al-Fawa'id, and then proceeds to critique them as follows: «I say: As for it being a right for the seller due to the attachment of his purpose to the occurrence of this matter required by the Lawgiver, that is clear; however, as for it being a right for the slave, it is intended merely as his benefit from it, which does not grant him authority over the buyer, but rather it is a branch of the seller's right, existing or non-existing with it. However, in the analysis of its legal nature, there is a relatively significant difference of opinion between him and the predecessors, which can generally be categorized into two theories as follows: First Theory: Shahid al-Awwal in Durus and after him Allamah al-Hilli in Tadhkirah believe that regarding the condition of manumission (emancipation), alongside the right of the seller who is the stipulator on one hand, and the right of God because freeing slaves is among the fundamental matters on the other hand, the third party—meaning the very individual whose freedom has been made a condition—also becomes a right-holder.