آراء الأصوليين في رواية الصحابي بحكاية القول و الفعل و أثرها في الأحكام

Abstract EN

The present study tackles a very important topic that is related to implications of Hadith.

It is concerned with the narration of a companion in which he reports a saying or a deed pertinent to legislative issues.

Such sayings and deeds are not attributed to the Prophet (Peace and blessings be upon him) directly; rather, it is a narration of a legislative reality occurring among companions, without stating that it is done by the Prophet (Peace and blessings be upon him).

The objectives of the present study include the following.

The study examins the methods of narration in general terms, and of the narration of companions through reporting their sayings and deeds in detail; it spotlights the interest of jurisprudents in the area of narration, their position towards what can and cannot be attributed to the Prophet (Peace and blessings be upon him); it presents and discusses the views of jurisprudents regarding the narration of companions.

The study adopts an inductive analytical approach to explain the opinions of the scholars in this type of narration through inducting, analyzing, and weighing their views to reach the most plausible one.

The most important conclusions reached by the study include the following: the study shows the versatility of Hadith narration, its status, choosing among them based on the rank of the status; it gives greater weight to the narration of companions through reporting their sayings and deeds over legal acknowledgement in case that it is proven that this occurred during the lifetime of the Prophet (Peace and blessings be upon him) because it is common that companions attribute sayings and deeds pertinent to legislations and ethics to the Prophet (Peace and blessings be upon him).

Companions could not do that without evidence showing the legislator's acknowledgement of the issue.