General Rules of Jurisprudence Lesson 22 قاعدة الالزام The Rule of Imposition Part one (ELZAAM) The rule Two different rule EMDHAA and ELZAAM The evidence

The rule of Imposition : قاعدة الالزام الزموهم بما الزموا به على انفسهم Impose on them the way they have made imposed on themselves. If a Shia or a follower of AHLUL BAYT (AS) did not believe in an action or status or was void based on his teachings, but such action or status was considered correct or valid by the other person (Sunni), then the SHIA person can deal with it as if it is correct for that person and rely the affects on it the way that other person believes.

Examples: 1.The requirement for two just witnesses when divorcing the wife in SHIA and absence of such requirement in AHL SUNNAH, this concept is opposite the marriage: So if a SUNNI marries a SUNNI woman without two witnesses, then it is invalid in his Fiqh, and it is valid in the Fiqh of SHIA, so a SHIA person can get married to that woman. (ELZAAM) 2.The same is for the divorce, if a non SHIA divorces his wife without any witnesses, though that divorce is invalid in the Fiqh of AHLUL BAYT (AS), but a SHIA person can get married to such divorced woman, based on the rule of ELZAAM. 3.The three divorces in one sitting, even though it is invalid in the SHIA school, but if a SUNNI divorces his wife in such way, the SHIA can get married to her. (ELZAAM) 4. The meat without direction of the holy KABA. 5.Selling them the chicken they think it is halal for them.

Two different rule EMDHAA and ELZAAM The rule of EMDHAA قاعدة الأمضاء That means the endorsement or the approval, if the people of book or non Imamian get married to each other by the method of their faith or sect, then their marriage is endorsed or considered correct or acknowledged, an Imamian cannot get married to that wife, though it is not done by the method of IMAMIAN but is considered an endorsed marriage. The same is if such person divorces his wife based on the method they have in their religion, then any affects of such divorce is respected and acknowledged, even though it is different than our method, or the methods of Muslims in general.

The difference between EMDHAA and ELZAAM The rule of EMDHAA or endorsement is for the different religions and sects to approve (some of ) their laws and ruling in dealings between them selves, and the rule of ELZAAM imposition of the laws of non Imamian on them, when dealing with them. In EMDHAA there is no cross faith or cross sect dealing involved like Christian marring with Christian, or SUNNI with SUNNI, where in the rule of ELZAAM there is a cross faith or sect involved, like Shia getting married with non SHIA woman. In ELZAAM the IMAMIAN (Shia) benefits from the law of non SHIA, and in EMDHAA there is no benefit for the Imamian, it is only for the non Imamian in between themselves, if they come in our court, we can deal with them with their laws.

The difference in implementation: ELZAAM : the Imamian benefits from the opposition rule. EMDHAA the Imamian does not benefit from it. ELZAAM if something was invalid to them and valid to us, we will consider such thing invalid also when cross dealing with them, and if there was a benefit to the Imamian.

The evidence or the source: The rule has been mentioned mostly in the issue of divorce and the issue of inheritance. There are several HADEETH in this issue, but the GENERALIZATION can be understood from these four HADEETH: رواية علي بن ابي حمزة انه سال ابا الحسن ( ع ) عن المطلقة على غير السنة ايتزوجها الرجل؟ فقال ( ع ): ” الزموهم من ذلك ما الزموه انفسهم وتزوجوهن، فلا باس بذلك‏ “ 1.Sh. Toosi : Narration of ALI son of HAMZA, that he asked ABO ALHASSAN (AS) about a divorced (woman) who was divorced improperly (not on the SUNNA means not in the correct way), can a man get married to her? Then Imam (AS) said: Impose on them from that of what ever they have imposed on themselves, and get married with them, there is problem with that.

2 nd Narration: وعن الضا ( ع ): ( من كان يدين بدين قوم لزمته أحكامهم ) Sadooq narrates from Imam Redha (AS): Who ever practice's religion of certain people, then such people’s rules are imposed on him) This may support the rule of EMDHAA. These narrations are from WASAEL ALSHIA Vol /26008.html -26/26008.html

3 rd Narration: ابن أبي عمير عن عمر بن اُذينة ، عن عبدالله بن محرز قال : قلت لأبي عبدالله ( عليه السلام ) رجل ترك ابنته ، واخته لأبيه ، وامه ، فقال : المال كله لابنته ، وليس للاخت من الاب والام شيء ، فقلت : فانا قد احتجنا إلى هذا والميت رجل من هؤلاء الناس ، واخته مؤمنة عارفة ، قال : فخذ لها النصف ، خذوا منهم كما يأخذون منكم في سنتهم وقضاياهم ، قال ابن اُذينة : فذكرت ذلك لزرارة ، فقال : إن على ما جاء به ابن محرز لنورا. Son of OMAIR who narrates, who narrates from OMAR son of OZHAYNAH, from ABDALLAH son of MEHRIZ who said: I asked ABO ABDILLAH (AS) about: A man who left (after death) his daughter with his sister from both sides paternal and maternal, so Imam (AS) said: The whole wealth is for his daughter, and nothing is for his sister from both paternal and maternal side, then I said: For we needed this (rule) and the man was from these people (non Imamian), and his sister is a knowing (the rights of Infallibles (AS) or SHIA) believer, he (AS) said: then take the half for her (the sister), take from them as they take from you in their practices and their issues.

4rth Narration: OZHAYNAH said: when I mentioned this to ZORARAH, he said: Verily what son of MERIZ has brought is for sure a light. This narrations proves that general MAQASSA is permitted, so if a nation is taking belongings of other people wrongly, then those oppressed can also take from them the same way, as it happened in the battle of BADR. (this is a debated matter) وعنه عن سندي بن محمد البزاز ، عن علاء بن رزين القلاء ، عن محمد بن مسلم ، عن أبي جعفر ( عليه السلام ) ، قال : سألته عن الاحكام ، قال : تجوز على أهل كل ذوي دين ما يستحلون Sh. Toosi (THAZEEB): Narrates from SINDI who narrates from……from MOHAMMAD son of MUSLIM who said: I asked ABO JAFER (Baqir AS) about the laws, He (AS) said: It is permitted to deal with the people of every religion with what ever they are permitting (on them selves). Whatever they consider it Halaal and correct, we acknowledge it.