Glosses upon Majma’ Al-Fäedeh Wa Al-Borhan

This book is one of the Allame Mohammad–Baqer Vahid Behbahani’s valuable books which has been written in Arabic. The book of “Majma’ Al-Fäede Wa Al-Borahn” is one of the Mohaqeqe Ardebeli’s valuable books with juridical subject. Allame in the preface of glosses says about his motive for writing this book in this way: Since Moqadase Ardebili paid no attention to the many accepted scientific certain principles by scholars and sages, Allame Behbahani frequently points to his(Ardebili) violation and mistake in his own glosses. This book has been set and ####published by Allame Behbahani Institute, which for easiness of readers’ use, has been done the dividing of the text, comparing with its manuscript, separating the tradition (hadiths) from the text, setting the footnote, final reading, etc.

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 book of business: the preliminaries of business, the rule of business, the elements of business, on kinds of “option of withdraw” (khiyar).

-the book of debts and its subsidiaries: mortgage, “prohibition” (hajr), surety” (zeman), “hawalah” , “bail” (kefalah), “peace” (solh),” representative “(wakaleh).

-the book of “hire”(ejäreh):on hire’s conditions, on hire’s injunctions,“agricultural partnership for farming” (muzäre’e), “agricultural partnership for orchards” (mosäqät), “reward” (ja’älah), “horse racing” (sabq) and “shooting” (rimayah), “partnership” (sherkat).

-the book of hunting and its subsidiaries:on hunting, slaughter, eating and drinking, the injunctions of unlawful things

-the book of inheritance: on obstacles of inheritance

-the book of arbitration: the features of judge, the rules of arbitration, the quality of command, about claim

-the book crimes: on conditions of “retaliation” (qisas).

Sources

Keywords