أثر الاختلاف في دلالة فعل الرسول ? المجرد عن القرينة في الفروع الفقهية

Abstract

This paper deals with the indication of the Messenger's clueless deed for Scholars and the impact the difference has on the branches of jurisprudence. Opinions on this issue are numerous, ranging from obligation, to preference, to optionality, to no opinion. Each party used evidence supporting their statement. Discussions in this respect were many, indicating the strong difference among them. I found the statement that the Messenger's clueless deed indicates preference. I expounded the impact of difference in this issue over the branches of jurisprudence, which I selected three of them. First: order in wudu, second purity during tawaf, and third, validity of marriage contract of the person during ihram. I listed opinions of scholars in these three branches in the light of difference concerning the indication of the Messenger's clueless deed. The paper is summed up with the most important results and recommendations. ‫ﺍﻟﻤﻘﺩﻤﺔ‬ ‫ﺍﻟﻌﺎﻟﻤﻴﻥ‬ ‫ﺭﺏ‬ ‫ﷲ‬ ‫ﺍﻟﺤﻤﺩ‬ ‫ﺍﻷ‬ ‫ﺴﻴﺩ‬ ‫ﻋﻠﻰ‬ ‫ﻭﺍﻟﺴﻼﻡ‬ ‫ﻭﺍﻟﺼﻼﺓ‬ ‫ﻭﺍﻵﺨﺭﻴﻥ‬ ‫ﻭﻟﻴﻥ‬ ‫ﻭﻤﻥ‬ ‫ﻭﺼﺤﺒﻪ‬ ‫ﺁﻟﻪ‬ ‫ﻭﻋﻠﻰ‬ ‫ﻭﺒﻌﺩ‬ ‫ﺍﻟﺩﻴﻥ‬ ‫ﻴﻭﻡ‬ ‫ﺇﻟﻰ‬ ‫ﻫﺩﻴﻪ‬ ‫ﻋﻠﻰ‬ ‫ﺴﺎﺭ‬ :