المشهور المبني على ضعيف: دراسة تأصيلية تطبيقية-كتاب الطهارة أنموذجا

Abstract EN

A number of terms are frequently used in the books of late Maliki scholars, such as the famous, the apparent, the weak, the more correct and the odd one, as it appeared among these imams a phrase used in their books, which is: "the well-known based on the weak".

in this paper, I will explain what is meant by this phrase by explaining its individuals and what is related to it, then by explaining what is meant by a composite, and i will also analyze and discuss the reasoning with this phrase in jurisprudential issues in the provisions of chapter of purity, trying not to miss anything of it.

i concluded through the practical part a set of results, the most important of which are: -judging the origin as weak is often not acceptable; as it may be one of the two famous sayings but not a weak one.

-explanation of the saying that it is a matter of the well-known saying that is based on a weak saying that was not recognized, and the imams of the doctrine did not accept it in many cases, either by refraining from mentioning it, or by responding to it.

-leaving the branch building according to the well-known saying in the original is sometimes due to taking into account the strong disagreement in the origin, or applying the principle of precaution and blocking the pretext, or the rule of the pardoned easy or other rules and principles.

-the stability of the branches’ construction on the origins is more important than the reasoning for the phrase in question.