Al-Muhaqqiq Journal

The principle of obligation is an important foundation that establishes laws for coexistence among Islamic sects and alleviates the difficulties that may arise due to their jurisprudential differences. These differences can potentially create a kind of social alienation or distance. The principle aims to mitigate these difficulties and establish coexistence among the sects for individuals and groups.
Sheikh Hussein Al-Hilli has extensively researched this principle from various perspectives. He clarified its meaning, foundations, conditions, and alignment with other principles. He also discussed its significant and practical applications today.

The principle of obligation (Asalat al-Luzoom) is one of the influential jurisprudential principles in matters of contracts, and thus, it has garnered the attention of jurists for centuries. This research studies and analyses Al-Sheikh Hussein Al-Hilli's perspective on the meaning of this principle, its evidential basis, and its application. The analysis is based on his detailed research notes on options in contracts, as documented by his student, Sayyid Mohammad Hussein Al-Husseini Al-Tehrani. These notes remained unreviewed, unrefined, and unpublished until years after the deaths of both Sheikh Al-Hilli and his student.
Al-Sheikh Al-Hilli's study of the principle is characterised by comprehensive coverage of topics, branches, opinions, and arguments, with meticulous attention to detail. It includes precise scientific discussions, relying on the latest findings in jurisprudential and foundational evidence, as well as discussions on istishab (presumption of continuity) and other related topics. This thorough analysis motivated us to exert our utmost effort in understanding, discussing, and tracing the roots of these topics in the jurisprudential works of our eminent scholars chronologically. We also aimed to address any original topics we could not find, thereby completing the research and expanding its benefit. We present it here in a structured manner, encompassing main points, branches, and a conclusion.

This research includes an introduction and two chapters. The introduction defines "Conditional-Period Selling" (khiyar) both linguistically and terminologically. The first chapter addresses two specific issues:
Whether the term "animal" refers to animals in general or specifically to those that are alive.
Whether this option applies only to specific animals or also to general categories, and if the latter, whether it applies in the current transaction or deferred sale (salam).
The second chapter discusses whether this "Conditional-Period Selling" is exclusive to the buyer or applies to both parties in the transaction, and whether it applies specifically when both items being traded are animals. Additionally, the chapter explores when the "Conditional-Period Selling" becomes valid: at the time of the sale’s conclusion or after the parties separate. The meaning of "day" within the three-day option period is also examined, along with whether this option extends to the sale of a female slave (ummah) and whether the three-day period applies exclusively to non-slave transactions. Throughout the research, we focus on the views of Ayatollah Al-Sheikh Hussein Al-Hilli.

Al-Sheikh Hussein Al-Hilli (1309-1394 AH) was an ascetic jurist and an astute scholar of the principles of Islamic jurisprudence. He was born in Najaf Al-Ashraf. He studied the basics of reading and writing with his father, then began attending lessons in Arabic literature, jurisprudence, and principles of jurisprudence with notable scholars of the seminary, such as Mirza Al-Na’ini and Aqa Dia Al-Iraqi in Najaf. He authored numerous works, including "The Principles of Jurisprudence," "Notes on the Lectures of Mirza Al-Na’ini in Jurisprudence and Principles," "Commentary on Kifayat Al-Usul," and "Annotations on (Al-Makasib)." He also granted numerous authorizations to his students to transmit and narrate his teachings. He passed away on 4 Shawwal 1394 AH in Najaf Al-Ashraf. Sayyid Abu Al-Qasim Al-Khoei led his funeral prayer, and he was buried in the cemetery of his teacher, Mirza Al-Na’ini.

Al-Allamah Sheikh Ali Al-Aifari Al-Hilli, the father of the master of jurists and mujtahids, Sheikh Hussein Al-Hilli (may God sanctify their souls), is one of the most significant religious scholarly figures of Al-Hilla who has not been adequately highlighted. This research aims to shed light on his life by introducing his name, lineage, and children, then discussing his academic upbringing and journey to Najaf Al-Ashraf, the scholars from whom he received his seminary education and the academic and social status he achieved. We have placed particular emphasis on his only surviving work, his commentary on the Book of Prayer from "Shara'i al-Islam" by Al-Muhaqqiq Al-Hilli, which is believed to be noted from the lessons of his teacher, the author of "Misbah Al-Faqih". The research also covers his death and burial place and concludes with a collection of his photos and his will regarding his library to his son, Al-Sheikh Hussein Al-Hilli.

Ayatollah al-Sheikh Hussein Al-Hilli, Master of Jurisprudence, left behind a significant scholarly legacy, particularly in the fields of jurisprudence and principles of Islamic law. This intellectual output took various forms, including extensive evidentiary research, such as the (Encyclopedia of the Principles of Jurisprudence), specialised treatises on specific subjects, and concise scattered jurisprudential issues, as seen in this collection of issues. This study focuses on three main issues:
First, the judicial position cannot be held by anyone other than an independent scholar qualified to issue fatwas.
Second, the concept of returning unjustly taken property, the methods of handling it, and reconciling over it.
Third, Benefits related to Hajj encompass four distinct points.

This "Treatise on the Purpose of Creating Those Whose Duties They Cannot Fulfill" was authored by Al-Sheikh Hussein Al-Hilli. It is an answer to a question posed by one of his students regarding the purpose of creation, which is to worship Allah (SWT). The question specifically asks about the purpose of creating those who cannot fulfill their duties, such as children who die before reaching maturity, the insane, and disbelievers whom Allah knows will not choose to worship Him.
In response, Al-Sheikh Al-Hilli elaborates on several important points, including the true nature of the failure to achieve the intended purpose, the categorization of created beings who do not perform acts of worship into those who fail due to shortcomings and those who do not fail due to shortcomings, and the views of various exegetes on this matter, explaining his preferred opinion among them. Al-Sheikh Al-Hilli extensively discusses this question in his answer.
I have investigated and thoroughly reviewed this treatise, putting forth my best effort to present and verify its contents.