Usūli Solutions for Combining the Rule of Tasāmuḥ (Tolerance) in the Arguments of the Sunnah and the Authentic Narrations, Emphasizing the view of Āyatullāh Bihjat

The rule of Tasāmuḥ (Tolerance) in the arguments of the Sunnah is about the weak arguments that promise a reward for an action and, according to some jurists, indicate that the action is recommended and one should not be strict in this regard. Since there are types of mustaḥabāt and makrūhāt in all jurisprudential categories, it is very important to address this rule. The present research intends to examine the rule and its scope from the perspective of the late Āyatullāh Bihjat, who criticized and evaluated it in his Mabāḥith al-Usūl as well as his lectures on issues beyond jurisprudence, and to answer the question that in case of a valid reason such as a document-credited narration indicating the non-desirability and inappropriateness of an action, how can one combine the arguments of the authority of a single narration and the rule of Tasāmuḥ in the arguments of the Sunnah that rule the desirability and appropriateness of the same action?



 



This research indicates that in Āyatullāh Bihjat’s theory, the narration of “man balagha”, as the most important reason for the rule of Tasāmuḥ, does not convey the authority of a weak narration indicating istiḥbāb, nor can the contents of this narration be considered as guidance. Rather, the main
implication of these narrations is a secondary ruling on the bestowal of divine grace for someone who, being matured and having listened the narration, performs the action in the hope of its reward. Also, the solutions to the conflict are different, according to him; one of the most important of these solutions is referring to the option before practice, which he explain by relying on the basis of the option mentioned by the great scholars such as Kulainī and some of his masters in case of conflict.