The benefits of Häeriye (Al-Favä’ed Häeriye)
It is another one of the Sheikh Mohammad-Baqer Behbahani’s valuable books which is written in Arabic. This book is one of his valuable works about the principles of jurisprudence. Since the time which the Sheikh lived was the time which the “traditionalism” (akhbärigari) was prevalent, some examples of severe conflict with “traditionalists” (akhbäriyun) can be seen in anywhere of this book.
The author’s brief biography:
####Allame Mohammad-Baqer Ibn Mohammad Akmal Vahid Behbahäni was born about 1706 A.D. (1118A.H.) in Isfahan, a few years after Allame Majlis’s death. His father (Mohammad Akmal ) was one of the Sheikh Mufid’s grandsons and considered as one of the “authorities” (Mojtahedän) and his pious mother was one of the Mullah Saleh Mazandarani’s granddaughters (son-in-law of Allame Mohammed Taqi Majlisi). When Mohammad Akmal died, Mohammad-Baqer, considering to the difficult conditions which caused with the falling of Saffvids capital and Afghans victory, decide to left for Najaf about 1723A.D. (1135A.H.). At that place he benefited by prominent scholars such as Seyyed Mohammad Tabatabai Borujerdi and Seyyed Bader Al-din Qomi and prefect his studies. He trained the great scholars such as: Allame Bahr Al-olum, Mirza Mohammad-Mahdi Shahrestani, Seyyed Ali Tabatabai, Shekh Jafar Kashef Al-Qetä, Mullah Mahdi Naraqi, etc which all of them, considered as an ever shining stars in the sky of shi’a jurisprudence. Allame wrote more than seventy books and treatises which some of them are as follows:
-Explanation of Mulla Mohsen Feyz käshäni’s “Mafätih Al-Feghh” (keys to jurisprudence), in 8 volumes:
-The benefits of Hä’eriye (favä’ed Al- Hä’eriye),
-“marginal comment” (gloss) on documents
-A treatise on “predetermination” (jabr) and “free will” (ekhtiyar),
-Favä’ed Al-Rejäliye (the benefits of Rejäliye),
-A treatise on “lack of obligation” (barä’at) principle
-“marginal comments” (glosses) by Behbahani
-The gift of Husseiniye (Al-Tohfe Al-Hosseiniye),
-The principles of Islam and the faith
-“Estecehäb” (referring or to be certain to a pervious rule at the present time),
-“dissimulation”(taqiyeh),
-“Ijtehäd”(religious endeavor), and traditions
-Proving the rational “goodness and badness”(hosn and qobh),
-The invalidation of analogy
-lack of the principle of correctness on transactions, etc.
Finally, Allame died in 1791A.D. (1205A.H.) due to the illness. He was buried in Karbala in the east-portico of that light-show’s threshold, next to the martyrs.
The book structure:
The present book has been written in two general parts. The first part is the “the Old Benefits of Häeriye (Al-Favä’ed Häeriye Al-Atiqiyeh) which including 36 “Benefit” (fäede) and one conclusion. The second part is by the name of “The New Benefits of Häeriye” (Al-Favä’ed Häeriye Al-Jadide) including 35 “benefit” (fäede) which originally is the addenda of “the old benefits of Häeriye “(Al-Favä’ed Häeriye Al-Qadimeh).
-The first “benefit” (fäede): on high position of jurisprudence
-the second benefit: on response to the two doubts
-the third benefit: “necessity”(väjeb) do not have the part
-the fourth benefit: without (religious) legislator can chose a title for transactions
-the fifth benefit: response to the two doubts
-the sixth benefit: the correct aspect of the act to the” uncertainty” (zan),
-the seventh benefit: response to the claim of Akhbāris who consider the certainty”(elm) the same as the “uncertainty” (zan). [The Akhbārīs are Twelver Shī‘a Muslims who reject the use of reasoning in deriving verdicts, and believe only the Qur'an, aḥadīth, and consensus should be used as sources to derive verdicts (fatwas)].
-the eighth benefit: response to the Akhbäris who do not consider the imitation as a correct act
-the ninth benefit: invalidating of the second doubt
-the tenth benefit: the authenticity of “single narration “ (single narration means the hadith related by one person),
-the eleventh benefit: the authenticity aspect of the “analogy” (qiyäs) which the reason of its command is clear by the way of obtaining the command’s reason
-the twelfth benefit: whenever a group being addressed if the others are also included?
-The thirteenth benefit: responding to the doubts
-the fourteenth benefit: if forbidding from one thing means that the doing of it is incorrect?
-the fifteenth benefit: forbidding form transactions
-the sixteenth benefit: when the “command”(amr) is in somewhere which there is the “forbidden”(nahy), is it probable that the forbiddance to be existent?
-the seventieth benefit: the meaning of “condition”(shart) and non-condition
-the eighteenth benefit: adding with “Al” indicating to the generality
-the nineteenth benefit: acting to the “general judgment”(hokme äm) before the researching from the “note”(tabsare) is not correct
-the twentieth benefit: whenever two parts have contradict with each other
-the twenty-first benefit: the preferred “marjahät” which have been specified (“marjahät” means the elements of preference of one tradition or hadtih to the other traditions or hadiths ),
-the twenty-second benefit: the preferred “marjahät” which the jurists consider them reliable, apart from the preferred ones which have been specified
-the twenty-third benefit: coincidence between two contradictory traditions
-the twenty-fourth benefit: lack of obligation
-the twenty-fifth benefit: the act of “Mojtahid” (expert in law of Islam) to the principle of lack of obligation
-the twenty-sixth benefit: the author’s criticizing to the Moghadase Ardebili’s word
-the twenty-seventh benefit: on “Estecehäb” [referring or to be certain to a pervious rule at the present time],
-the twenty-eighth benefit: on authenticity of Quran
-the twenty-ninth benefit: acting to the non- specifying case in jurisprudence
-the thirtieth benefit: the ways of proving the legal injunctions
-the thirty-first benefit: kinds of consensus
-the thirty-second benefit: what is the basis of Innocent Ones’ deed? (Means: to what things indicate the innocent Ones’ deed?),
-the thirty-third benefit: the reasons’ contradiction
-the thirty-fourth benefit: the signs of reality and unreality
-the thirty-fifth benefit: the derivation
-the thirty-sixth benefit: mentioning briefly the “Ijtihad” (religious endeavor),
-conclusion: the importance of Ijtihad’s method.
Sources :
The benefits of Häeriye (Al-Favä’ed Häeriye) by Mohammad-Baqer Ibn Mohammad Al-Akmal Al-Vahid Al-Behbahani