چکیده:
The eyelids may be completely and separately removed. The contribution of each of the upper and lower eyelids in the payment of diyat and also the amount of diyat for the complete removal of eyelids is one of the issues in which the jurists have disagreed. If the eyelids are removed, each of the eyelids separately considers the fixation of one third of the eye diyat in the upper eyelid and half of the diyat of the same eye in the lower eyelid. Well-known Imamiyyah jurists, in case of complete removal of eyelids, have considered full diyat and have commented on the amount of diyat for eyelids in case of removal of each eyelid separately to pay one-third of the blood money (Diya) in the upper eyelid and half of the blood money in the lower eyelid. This theory is also stated in Article 590 of the Islamic Penal Code. This view is based on the claim of consensus and documented in the narration. Many jurists have taken other positions after the controversy and rejection of the arguments of the famous view and according to the literally news (traditions or narrations or akhbar) in the assumption of the issue. In the present article, while criticizing and analyzing the existing views on the issue and by weakening the arguments of other statements, we have finally accepted the opinion of non-distinction in the payment of the diyat to the upper and lower eyelids. The opinion of the author is based on general narrations (narratives) and according to the diyat rule of the body paired members.
خلاصه ماشینی:
Introduction According to the famous view of Imami jurists, the removal of the four eyelids of both eyes together results in the establishment of full blood money, and for this claim, they have relied on reasons such as the negation of disagreement 1, consensus, and narrations 2.
4. Regarding Muhammad bin Khalid, there are also evidences that, collectively, prove his reliability; as well as based on the research conducted under the supervision of Ayatollah Shubayri Zanjani, it has been stated about him: «إمامي ثقة وإن قال النجاشي ضعيف في الحديث » (see: Darayat al-Nur software); he is a trustworthy Imam, even though Najashi considered him weak in hadith.
قُلـت ُ: ولـم ؟ ألـ ي بييه ي يـ يس قُلت : ما کان في الجـسد منـهُ اثنـان ففيـه نـصفُ الديـة ؟ قـال : لأن الولـد مـن البيـضة اليُسري » (حر عـاملي ، ۱۴۰۹: ۲۸۳/۲۹؛ طوسـي ، ۱۴۰۷ب : ۲۵۰/۱۰)؛ Ali bin Ibrahim narrates from his father, from Ahmad bin Muhammad bin Abi Nasr, from Abdullah bin Sinan, from Imam Sadiq (as), who said: Whatever there are two of in the human body, half of the blood money (diya) is due for them, such as the two hands and the two eyes.
In response to this objection, it has been said that when the blood money is established for the amount mentioned in the text of the narration regarding the corners of the eyelids, it will by extension be established for all eyelids; moreover, some contemporary jurists have issued fatwas based on this.
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