{"id":4460,"date":"2021-11-09T10:22:15","date_gmt":"2021-11-09T10:22:15","guid":{"rendered":""},"modified":"2021-11-09T10:22:15","modified_gmt":"2021-11-09T10:22:15","slug":"imam-al-baqira-s-laid-the-foundation-of-ilm-al-usulscience-of-fundamentals-2","status":"publish","type":"post","link":"https:\/\/shiastudies.com\/en\/4460\/imam-al-baqira-s-laid-the-foundation-of-ilm-al-usulscience-of-fundamentals-2\/","title":{"rendered":"Imam al-Baqir (A.S.) laid the Foundation of Ilm al-Usul"},"content":{"rendered":"

Imam al-Baqir (A.S.) laid the Foundation of Ilm al-Usul<\/strong><\/h1>\n

Imam al-Baqir (A.S.) laid the Foundation of Ilm al-Usul: <\/strong>Among the sciences which Ima`m al-Ba`qir, peace be on him, split open was the science of fundamentals (\u2018Ilm al-Usu`l). It is among the greatest Islamic sciences after jurisprudence. That is because Ijtiha`d (concluding religious opinions) depends on it. The mujtahid (one who is capable of concluding religious opinions) is unable to have the talent of Ijtiha`d without studying the chapters of this science.(Kifayat al-Usul)<\/p>\n

The researchers and the scholars have unanimously agreed that Ima`m Abu` Ja\u2019far (al-Ba`qir), peace be on him, was the first to establish this science.
\nSayyid Hasan al-Sadr said: “Ima`m Abu` Ja\u2019far, Mohammed b. \u2018Ali al-Ba`qir, peace be on him, was the first to open the chapters of this science and to split open its problems. Then his son Abu` \u2018Abd Allah, peace be on him, came after him to continue it. Then they dictated its rules and problems to a group of their students. Then the later generations regulated its chapters in books such as Usu`l Al al-Rasu`l, al-Fusu`l al-Muhima fi Usu`l al-A\u2019imma, and al-Usu`l al-Asilah. The reliable narrators reported all these chapters on the authority of the members of the House (ahl al-Bayt), peace be on them.(Al-Shi\u2019a wa Funun al-Islam, p. 95)
\nThe following are some of the fundamentals which Ima`m Abu` Ja\u2019far al-Ba`qir, peace be on him, established or reported on the authority of his pure grandfathers, and to which Moslem jurists resort to give religious opinions when they find no tradition concerning the legal precept. Though most of them are jurisprudential rules, the scholars of these fundamentals have mentioned them in detail in the science of fundamentals (\u2018Ilm al-Usu`l). However, we will mention them here.<\/p>\n

Presumption of Continuity (Istisha`b)<\/strong>
\nIt is one of the four fundamentals to which the doubter resorts during an action. The reason for his doubt is either that the text (tradition) does not exist or the text is general or the texts (traditions) are contradictory. The texts are invalid when they are equal, namely they are not superior to each other.
\nPresumption of continuity happens when conviction precedes doubt. The Ima`m, peace be on him, said that presumption of continuity was evidence. That was when he was asked about the doubts in the prayer. Some jurisprudence encyclopedias have mentioned these problems. Among them is Wasa`\u2019il al-Shi\u2019a.<\/p>\n

The Rule of Passing (Qa\u2019idat al-Tajawiz)<\/strong>
\nThis rule means that the doubt occurs in the subsequent act.(Hada\u2019iq al-Usul, vol.2, p. 547)
\nFor example, the person may doubt his recitation after he has bowed down. Concerning this rule, many traditions were narrated on the authority of Ima`m al-Ba`qir, peace be on him, and his son Ima`m al-Sa`diq, peace be on him.
\nThey denote that the person should pay no attention to this doubt and to go on with his praying.<\/p>\n

The Rule of Finishing (Qa“\u2019idat al-Fara`gh)<\/strong>
\nThis rule means that the act is correct at the time of doubt.(Hada\u2019iq al-Usul, vol.2, p. 547)
\nThis rule was reported on the authority of Mohammed b. Moslem on the authority of Ima`m Abu` Ja\u2019far (al-Ba`qir), peace be on him, who said: “If you doubt all that which you have already completed, then let it as it is.(Mustamsak al-\u2019Irwat al-Withqa, vol. 7, p. 350)
\nA true tradition which Mohammed b. Moslem reported on the authority of al-Ba`qir, peace be on him, also proved that. In this tradition it has been mentioned: “If doubt occurs after the time of the prayer has passed, one should ignore the doubt and not repeat (the prayer)(Mustamsak al-\u2019Irwat al-Withqa, vol. 7, p. 349)
\nIn the light of this reliable true tradition, the Ima`mi Shi\u2019ites have given a religious opinion. This religious opinion says that one should pay no attention to the doubt that occurs in the acts of the prayer which he has completed.<\/p>\n

The Rule of Removing Harm<\/strong>
\nAmong the important rules in Islamic law is the rule of removing harm. Shaykh al-Ansa`ri said: “It means removing the legal precept that leads to harm. “The jurists have mentioned many legal precepts regarding this rule. Ima`m Abu` Ja\u2019far (al-Ba`qir), peace be on him, underlined this rule when he, peace be on him, said to Zara`ra: “Samra b. Jundub had a date-palm in the house of a man from the Ansa`r. The man\u2019s house was facing the gate of the garden. Samra entered the man\u2019s house without permission. Thus, the man spoke to Samra to ask his permission before entering. However, Samra refused that.
\nSo, the man came to the Prophet, may Allah bless him and his family, and told him about that. Then Allah\u2019s Apostle, may Allah bless him and his family, sent for Samra and ordered him to ask the man\u2019s permission. However, Samra refused that. So, the Prophet, may Allah bless him and his family, asked him to sell the date-palm at a good price. Still, Samra refused to sell it.
\nThen Allah\u2019s Apostle, may Allah bless him and his family, said to him: \u2018You shall have a date-palm in the garden.\u2019 Nevertheless, Samra refused that. So, Allah\u2019s Apostle, may Allah bless him and his family, said to the (Ansa`ri) man: \u2018Go and uproot the date-palm and throw it at him for there is no harm.<\/p>\n

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Imam Muhammad al-Baqir’s Narrations<\/a><\/p><\/blockquote>\n