Effort for understand

وبلاگ فقه و حقوق - weblog fegh & law

Effort for understand

وبلاگ فقه و حقوق - weblog fegh & law

Effort for understand

One way to understand a science is a known experts and scholars of science
and
We should know how important books written in the science, which is also referred
Science fegh - the fegh written which in that has been compiled books
And the books are still available- has hundred year old history
When eleven centuries ago
Without interruption
fegh teaching centers have been established
Teachers were trained students
The student have been trained other students
Until the present
And is not cut off the relationship Master and Disciples
And that's just in the Muslim world
that science Are vital records tandem and regular thousand years and more,
That hasn't been a pause in between them
وَ جَعَلْنَا مِن بَیْنِ أَیْدِیهِمْ سَدّاً وَمِنْ خَلْفِهِمْ سَدّاً فَأَغْشَیْنَاهُمْ فَهُمْ لَا یُبْصِرُونَ

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about Retrofit

OK, you want to know what's Retrofit.

in this case several desired

1. Retrofit means Maintenance contract
in the other words

Owner Right of xiyar can Releases contract or does not cancel it.

But It is not true Because If person able (have power) that rescind the contract Can also doesn't do it

So with word "Removal"  It is understood The power of on each of
Removal and retention
in this case
Write the word "Retrofit" Will be canceled and useless

2. Retrofit means obligate contract

that, Owner Right of xiyar can  obligate contract or rescind the contract

you may ask here" What is the purpose of obligate contract"

and I will say"There are two answers
One critical
The other
helpful"

1. Some have said"obligations is waiver of xiyar

therefore xiyar means able that waiver of xiyar or rescind the contract.

for example : if you ask of me "what's a night?" i answer "when the morning is not"

and again you ask of me "what's a morning?" i answer " when the night is not"

The answers not helpful

because

did not tell us new article

just repeating his words

my definition was wrong and unseasonable
like
The definition that was given to
xiyar

 

2. Help answer that obligations is completion of contract like Baking bread dough
in the other words Contract along with a xiyar is shaken
Whenever disappears
But with the
obligations,The contract of the instability becomes to stable


Retrieved from Ayatollah Javadi's Excellent Teaching feqh

 

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meaning of right of xiyar

what's xiyar?

some of Jurists in Mohammedan law as Fakhr al-Muhaqqiqīny say xiyar is ownership of rescission (repudiation) of contract

so on the one hand Existential, and on the other hand Be absence

and                                                 

some  as owner of javaher book say xiyar is Retrofit contract and Removal that so unlike previous
both sides Existential


I'll give an example:
There is Unfinished building on the road and you want to decide that
destroy it or
Release it

This is the same first definition

so The first Decision is action and The second Decision is Omission

 

but if you want to decide that
destroy it or completing building

that is second definition

while both decides is action

 

 

         which one's correct?

 

Click to view Persian texth