Hormooz Asadi Kohbad; Hasan Bahramipor Naghani
Abstract
Damage does not follow a person's fault enough to establish a causal relationship, but it must be proven that the fault is the actual cause and cause of the damage and without it the damage would not have occurred. The meaning of because here is not the complete cause or the perfect cause, but the cause ...
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Damage does not follow a person's fault enough to establish a causal relationship, but it must be proven that the fault is the actual cause and cause of the damage and without it the damage would not have occurred. The meaning of because here is not the complete cause or the perfect cause, but the cause and the factor that the damage is documented in his action and the custom attributes to him. Recognizing the existence of a causal relationship is not always easy because different factors may have been involved in causing the damage. It is not possible to say exactly which one was the cause. In cases where several people are involved in causing damage, some of whom are guilty and some are not guilty, the custom attributes the damage to the person who was at fault, but if all the factors influencing the damage are to blame, it is difficult to identify the cause and establish the cause. Assuming someone is injured in an accident and dies in hospital, a number of factors may play a role in death: a car crash, delays in first aid, the incompetence of the surgeon's illegitimate surgeon, who overtakes him beyond legal hours. As a result, the victim left the workplace later than usual and crashed into a car that was passing by at the scene at that time. To answer the question of which one should be considered the real cause of the damage, four opinions were raised.
Hormooz Asadi Kohbad; Hasan Bahramipor Naghani
Abstract
One of the most important rules of jurisprudence that causes coercive guarantee is the rule of Ali al-Aid, which is known by famous jurists, both Shiites and Sunnis, as narrated from the Prophet. Among the Shiite narration societies, this narration has been quoted in the book Mustadrak al-La'ali, quoting ...
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One of the most important rules of jurisprudence that causes coercive guarantee is the rule of Ali al-Aid, which is known by famous jurists, both Shiites and Sunnis, as narrated from the Prophet. Among the Shiite narration societies, this narration has been quoted in the book Mustadrak al-La'ali, quoting the commentary of Abu al-Futuh al-Razi and Awali al-Lali al-'Aziziyya, as follows: It's going to take what it takes until it returns. Ibn Abi al-Jumhur al-Ehsa'i has narrated this narration in three cases in his book Awali al-Laali al-Aziziyah. In the first case, he has quoted it without specifying the name of the Prophet, and in the second case, by specifying the name of the Prophet, but in the first way, without mentioning the intermediary, and in the third case, he has quoted it from the Prophet through Samra. There is a difference of opinion among jurists in explaining and interpreting the provisions of this rule. In examining the provisions of this rule, the question arises whether the provisions of the rule are an obligatory ruling on the necessity of rejecting other people's property, or the guarantee and responsibility of a person in charge of other people's property?
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