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The rule (The inference is not invalidated by its like)
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In the name of of Allah the Merciful

Research Summary

This rule is one of the common rules between the sciences of the principles of jurisprudence and the jurisprudence rules. It is originally a fundamental rule because it relates to one of the topics of the science of the principles of jurisprudence, which is ijtihad. The ruling on reversing his ijtihad is permissible or not (1), and for this reason Ibn Al-Subki titled it in his book Al-Ishbah wa Al-Nazaer by saying: “What invalidates the judge’s judgment and what does not invalidate it.” ([2]).

The importance of this rule comes from the need for it by the judge, the mufti and the imitator, for the judge needs it to know the matters in which the ruling based on ijtihad is invalidated, and the mufti needs it to know the cases in which the work with his first ijtihad is invalidated, and the imitator needs it to know the ruling on staying on the first ijtihad, is it possible to stick to it or Moving on to a second diligence, all these issues have been presented between the folds of the research.

The research plan consisted of four sections.

Presented in the first topic: the definition of the vocabulary of the rule, and a statement of its meaning, and its rooting for transmission.

I presented in the second topic: the mental rooting of the rule, I dealt with the first requirement of the definition of the mujtahid and its conditions and provisions of ijtihad for the mujtahids, and I dealt with the second requirement of the mujtahid in it, its definition, and how the mujtahid works in the diligent in it.

And I presented in the third topic: the basis of ijtihad (presumptive ijtihad), I dealt with the first requirement of the dispute whether every mujtahid is right or the right one is one.

And presented in the fourth topic: applications of the rule and its exceptions.

 


[1]) See the investigation of the order of the laali in the wire of the amali by Nazer Zadeh, Khaled Abdulaziz bin Suleiman, (Al-Rushd Library) Riyadh, Edition 1, 2004 AD,: 1/247.

[2] ) The Similarities and Isotopes, Taj Al-Din Abdul-Wahhab bin Ali bin Abdul Kafi Al-Subki (d. 771), (Dar Al-Kutub Al-Ilmiyya), Beirut, 1, 1422 AH - 2001 AD,: 1/401.

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Publication Date
Sun Jun 02 2019
Journal Name
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Religious Discourse of Biblical Intertextuality in Abraham Regelson Works: Selected Samples from the Collection "House of Brightness": הנאום הדתי של האינטרטקסטואליות התנ''כית ביצירותיו של אברהם רגלסון סיפורים נבחרים מקובץ "בית הניצוץ"
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This research display a selected sample of Regelson's texts, there were interrelations and interactions unfolded so as to show his creativity in the employment of religious texts. In the story "In the Youth of Moses", he inter-texted the episode of the Prophet Moses from the Torah, the Source of legislation, to signify a legislative issue needed by the community. As for the story of "Samson, One of the Falling", he originated the character of The Judge Samson by alluding to the Book of the Judges, which is the Book which reminded of the defeat and slavery of the Palestinians by a Jewish leader, as is related in Jewish religious texts. Further, and the story of "And Haman Said", he chose the story of the Queen Esther from the Book of Esth

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הנאום הדתי של האינטרטקסטואליות התנ''כית ביצירותיו של אברהם רגלסון סיפורים נבחרים מקובץ "בית הניצוץ" Religious Discourse of Biblical Intertextuality in Abraham Regelson Works: Selected Samples from the Collection "House of Brightness"
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