چکیده:
The application of the rule of 'no harm' — as well as 'no hardship' — in non-existential rulings (ahkam al-admiyyat) has always been considered one of the influential challenges in jurisprudence. This writing, through modern investigation, seeks to provide the foundation for a profound transformation in many issues of jurisprudence. While referring to various foundations, the author, through the use of the Hadith of Negating Harm, presents examples of the application of the 'no harm' rule in non-existential matters — such as proving liability in the imprisonment of a free professional person, and the permissibility of divorcing a wife in case of the husband's refusal to provide maintenance. Subsequently, by presenting ten cases of arguments from deniers, the author criticizes them and thus, by removing the hypothetical obstacles to the application of the rule in non-existential matters, opens the way for numerous jurisprudential branches that lack precedent in many fatwas.
خلاصه ماشینی:
While referring to various foundations, the author, in utilizing the hadith of the negation of harm, presents examples of the application of the "no harm" rule in negative rulings — such as proving liability (daman) in the imprisonment of a free person with a profession, and the permissibility of divorcing a wife if the husband refuses to provide maintenance.
Seventh and Eighth: What the author of Misbah al-Usul derived from the words of al-Muhaqqiq al-Naini, then added another aspect to it after citing two examples of the issue of the application of the rule of negating harm in non-existents: The first example: If someone imprisons another wrongfully and his animal wanders away, then the absence of the Legislator's ruling on liability, __________________________________ [1].
The second example: what al-Sayyid mentioned in Mulhaqat al-Urwa (2/67), which is that if a husband refuses to provide maintenance for his wife, then the absence of a ruling permitting the judge to grant her a divorce causes harm to her, so it is negated by the hadith "la darar" and the permissibility of her divorce by the judge is ruled.
(
, 
, 
)
