العلل الفقهية من آثار الصحابة رضي الله عنهم في كتاب الفرائض

Abstract EN

This study aims to serve the science of obligatory duties by explaining the jurisprudential causes that the companions stipulated and based on them in directing their judgments in hypothetical issues, and to study those causes affecting the hypothetical rulings that the companions, may God be pleased with them, went to, and discussing and weighing them.

despite the fact that the knowledge of the statutes and the division of inheritances is a knowledge that god, the most high, himself established, and revealed it in the perfect verses; money is the field of people’s competition and the focus of their ambitions.

however, with his wisdom, he estimated incidents that resulted in issues for which there was no text.

the companions, may god be pleased with them, differed about them.

to afflict his servants in memorizing his judgment and his will, and the judgment revolves with its cause, existence and nonexistence, so the search is directed to the jurisprudential ills affecting the division of inheritance, closing the door of whims, injustice and greed.

the research relied on the inductive-deductive analytical method, and was organized into two sections: the first topic: the definition of the vocabulary of the title, which includes three demands, and the second topic: the jurisprudential reasons that the companions, may god be pleased with them, stipulated in the obligatory duties, and it contains six demands.

the research has reached a set of results, the most important of which are: the Ijtihad of the companions, may god be pleased with them, in the science of obligatory duties was based on deducing the causes and meanings affecting the rulings from what the texts of the Qur’an and Sunnah testify to.

and that the science of jurisprudential ills has its roots extending since the first breast of the history of Islam.

and that the jurists took a clear approach in their jurisprudential debates in deciding the jurisprudential reasons from the considered paths, and their safety from the oppositions.