چکیده :
نفی «جُناح» تعبیری است که در برخی از خطابات شرعی برای بیان جواز استفاده شده است.
اگر چه در غالب مطالعات و بررسی‌های فقهی، با اتکا به قرائن به تبیین مفاد این تعبیر پرداخته شده، اما تعلق این تعبیر به برخی واجبات، موجب پیدایش پندارِ بدوی اختصاص آن به بیان وجوب شده است.
دامنۀ کاربرد این تعبیر در آیات و روایات، شیوه‌ی تعامل اجتهادی فقهای امامیه با این تعبیر، واکاوی مفهومی این ماده‌ی لغوی و شناخت مفاد آن در خطابات شرعی، مسائلی است که در این پژوهش بررسی و پردازش شده است.
به نظر می‌رسد بیان شارع در قالب‌های نفی «جُناح»، نفی «بأس» و أمر عقیب حظر، با تفاوت در گسترۀ کاربردی این تعابیر، شباهت‌هایی به هم‌دیگر دارند و جملگی آن‌ها در بیان إباحه و جواز تکلیفی و عدم افادۀ امری ورای آن با هم مشترک‌اند.
این پژوهش به شیوۀ توصیفی ـ تحلیلی به معناشناسی نفی «جناح» و کاربست آن در قرآن کریم، سنت و فقه پرداخته است و مسائلی را در این باره مورد تحلیل قرارداده است و در صددپاسخ به سؤالهای ذیل است: نفی جناح در قرآن و حدیث بر چه دلالت دارد؟ مفاد وکاربست آن در خطابات شرعی چیست؟ و چه تفاوتهایی با تعابیر همسو دارد؟
the negation of "junah" is an expression that is used in some religious discourses to express permission.
although in the majority of jurisprudential studies and reviews, the contents of this interpretation have been explained by relying on evidence, but the connection of this interpretation to some obligations has caused the emergence of the primitive idea of assigning it to the expression of obligation.
the scope of application of this interpretation in verses and traditions, the way of ijtihad interaction of imamiyya jurists with this interpretation, the conceptual analysis of this lexical item and the recognition of its contents in sharia speeches are the issues that have been examined and processed in this research.
it seems that the expression of the shariah in the forms of the negation of "junah", the negation of "bas" and the order of prohibition, with the difference in the scope of application of these interpretations, have similarities to each other, and all of them are in the expression of justification and obligatory permission and the non-expression of something beyond that.
are common in a descriptive-analytical way, this research deals with the semantics of the negation of "jinnah" and its application in the holy qur'an, sunnah and fiqh, and has analyzed issues related to this, and aims to answer the following questions: negation of jinnah in the qur'an and hadith what does it mean? what are its contents and application in religious speeches? and what are the differences with similar interpretations?
introduction
the phenomena of the words used in the book and tradition are the most important criteria for the jurist to deduce the religious rulings from these two important sources of jurisprudence.
the validity of the phenomena in studying religious propositions depends on refining its minor details.
what the science of the principles of jurisprudence is responsible for in linguistic matters is not just an examination of appearances such as the appearance of substance and the form of command and prohibition, concepts, generality, and application, but these are examples of the major validity of appearances that are commonly studied and analyzed in the prevalent books and works of the principles of jurisprudence.
other linguistic materials and structures are also found in the book and tradition, which, by discovering their appearances, can make the process of deduction easier and, in the light of their discovery, pay more attention to the coordination and harmony of jurisprudential propositions.
one of the linguistic materials used in some quranic and narrative expressions is the linguistic material "junah"; in this research, assuming and accepting the systematicity of assertion, the discovery of the appearance of this linguistic material and the negation of its meanings has been the goal, and through this, an attempt has been made to open a new window to the path of deduction and inference in jurisprudence and the principles of imamia and to take a small step towards the more.
research method
the researchers' attempt in this article has been to use a descriptive-analytical method and to explore the statements of linguists regarding the subject and the usage of the word "junah" by utilizing documentary and library sources.
they aim to investigate its quranic applications, the opinions of interpreters and imami jurists, and uncover the emergence of this linguistic material, and examine its negation.
discussion
furthermore, clarifying the extent of the meaning and emergence of this word and its various applications, and its inclusion or exclusion regarding all religious rulings (both mandatory and recommended) is another question that has not been previously answered, and this research aims to address it.
in other words, this study seeks to recognize the scope of the negation of this concept in jurisprudential propositions by examining its literal and linguistic meaning, and by using its applications, and to answer the question of whether the scope of the negation of this concept includes all jurisprudential propositions or is limited to a specific area of jurisprudence.
after careful consideration of the literal meaning of the word "junah" as expressed by linguists, and due to its frequent use in the sense of sin, it has lost its original meaning.
contemplating its quranic usage and the opinions of interpreters and imami jurists, the negation of "junah" indicates permission in a general sense.
in other words, the negation of "junah" is equivalent to the negation of prohibition in voluntary human actions, which is consistent with the rulings of obligation, recommendation, dislike, and permission, and understanding its ruling requires evidence beyond the negation of "junah".
the report of this research can be seen as an opening to new approaches regarding concepts such as the negation of "junah", the subsequent command, "it is not appropriate", "curse", "woe", and so on, and from this perspective, it leads to a more systematic inference of jurisprudence from the sources of sharia.
conclusion
the following results were obtained in this research: a- the negation of "junah" in the quran and hadith is limited to the sphere of voluntary human behavior and is only used in the realm of religious rulings, while the negation of "ba's" is used both in the sphere of voluntary and involuntary behavior, and its application in legislation is not limited to religious rulings but is also used in the realm of customary rulings.
b- the emergence of this interpretation conveys permission and allowance in a general sense, encompassing obligation, recommendation, dislike, and permission, and beyond this concept, there is no implicit indication; however, it is possible to use other parts of the quran and sunnah to imply the negation of "junah" and derive a different meaning from it.
the lack of application of this interpretation in the realm of customary rulings has made its implications straightforward, and this, in addition to the possibility of using evidence in its multiple applications, has led to a lack of discussion about its implications in jurisprudential studies.
c- the evidence of affirming the negation of "junah" can be supported by the statements of linguists and through the analogy of its meaning in customary usage, this basis can be strengthened in expressing it.
d- the valid applications of the negation of "ba's" and its scope in inference operations are much more extensive than the applications of the negation of "junah", and this necessitates the inclusion and exploration of the conceptual negation of "junah" in the negation of "ba's".
the narrational expression "it is not appropriate" is a similar expression to the affirmation of "junah", which may be adopted from the meaning of some expressions that include the negation of "junah", and the expression "it is appropriate" is similar and equivalent to the negation of "junah".