Acquaintance with some of the propounded discussions in Advanced Level Medical Jurisprudence

Authority of the words of a reliable person in subjects.

Based on the principle, the words (transmitted by) a reliable person in subjects (is considered) reliable and the evidence for this is as follows:

- The way of the reasonable people is that they trust the word (transmitted by) a reliable person and on this basis the Usooliyeen (those who follow the Usooli school) consider a Khabar e Wahid in rulings and hadith to be reliable. The rational people, in the issue of transmission of narrations from the Infallibles, for reliabile transmission to account for a ruling or a general law, do not believe in topicality rather the ways of the rational people is reliability of a narration in loco transmission of a hadith. A point is that it indicates to a subject from external subjects, which is the sayings of an Infallible Imam, and this transmission of the words of an Infallible, if it is proven to the religious people, it bears the religious effects and responsibilities. Therefore, the rational people consider the words of a reliable person in subject to be reliable.

- Some of the texts and narrations consider relying on narrations (transmitted from) reliable and just person to be permission.

- Narrations which infer to the validity of testimony, the absoluteness of these narrations also includes the testimony of a single just (person) in subject matters. One of these is the reliable narration of 'Abdallah bin Mughayra who says:

قَالَ كُلُّ مَنْ وُلِدَ عَلَى الْفِطْرَةِ وعُرِفَ بِالصَّلَاحِ فِي نَفْسِهِ جَازَتْ شَهَادَتُهُ

The generality of these narrations includes narrations (transmitted) by a reliable person in subject matters.

The lexical meaning of 'Bayyinah' (evidence) is not limited to the testimony of two just people rather includes the testimony of a single just person although in some instances such as the Chapter of Judgeship (قضا), there is specific evidence that testimony should be from two just people however in other instances to the evidence criterion, the evidence of a single just person is reliable.

Example: In proving one doubtful relation, if the claimant and defendant are in between, it is given over to the chapter of judgeship and the technical evidence (of two testimonies) must be brought forward however if it is not in the chapter of judgeship for example, they wish to divide inheritance in a family and a person says 'I am a child of the deceased' and he brings forward one witness (like a neighbour who has information of the deceased's affairs), here the technical meaning of evidence does not apply however should this testimony be heard? Or is the number of witnesses valid?

It has been claimed that some narrations consider valid the number of witnesses in the subject matters however the inference of those narrations on the claimant is not clear.

Some chapters have been excluded from this ruling and Khabar e Wahid is not sufficient in them such as 

1) Chapter of Judgeship

2) Chapter of Punishment

3) Chapter on Moon sighting 

Reasons cited for the authority (Hujjiyat) of a Khabar e Wahid (single transmission) in subjects includes the opinion (derived from a) laboratory (examination) and single reliable word which are based on sensory preliminaries.

Authority of laboratory opinions based on an estimate preliminary.

Are views by a laboratory, which is based on certainty and extracted from an estimate preliminary an authority?

Point 1: If the view of the specialist and experimenter is based on speculation, it will not have reliability.

Point 2: An estimated matter is one whereby its discernment is not possible based on sensory preliminaries and in these cases, the word of the experts is authority.

Point 3: (Matters with) Estimate preliminaries are preliminaries whereby there will be no one result for all and the conclusions that different specialists derive from those preliminaries will be different.

Validity of views by specialists which are based on estimate preliminaries will not be (considered) a Khabar and the evidence of Hujjiyat Khabar (Authority of the word) will not include it rather its authority is from the authority of the word of the experts.

In and of itself there is no dispute in the authority of the word of the experts and evidence for it are as follows:

- 'Ijma (consensus): It is not far-fetched that in the issue of validity of the word of the experts, consensus is realized.

- Verses: Some of the verses which support the validity of the word of the experts are:

فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لاَ تَعْلَمُونَ»1) 

. «قَالَ اجْعَلْنِي عَلَى خَزَائِنِ الْأَرْضِ إِنِّي حَفِيظٌ عَلِيمٌ»2) 

- Narrations: Some of the narrations infer to the validity of the word of the experts such as: 

  - Narrations in the chapter of breastfeeding

  - Narrations in the chapter of crimes (where the value of blood money is not specified, and I've must refer to the experts)

  - Narrations in the chapter of loss, damage was guarantee

  - Narrations in the chapter of determining the boundaries of places

  - Narrations inferring to the validity of the adhan of a muazin who not famous and other narrations is.

- Ways of the rational people

Ways and evidence of the rational people in referring to the experts is present certainly in the time of the Imams and the rational people referred to the experts.

Even if we say that we do not have certainty and we have doubt whether in the time of the Imam such a way existed of not, using the principle of Asalat al Thubat, we prove the presence of such a way in the time of the Imam.

There is no refutation to referring to the experts in any of the texts even if it be weak.

Authority of the words of the experts is on what conditions?

Following the way of the rational people in the validity of the word of the experts is strong evidence and neither is there a refutation regarding the principle of its validity nor a refutation regarding is applicability and the condition of evidence (bayyinah) in the words of the experts is not reliable rather one trustworthiness (reliability) is valid in it meaning the expert much be reliable and trustworthy.

And the word of a single reliable person in estimate (حدسیات) is authority just as the word of a single reliable person in sensory (حسیات) is an authority. The authority of the word of the experts is not subject to reliability and certainty.

The conclusion being if a specialist and experimenter is reliable, his views and opinions are valid and there is no requirement for several experimenters, and it is not necessary for reliability and certainty to be gained from his word.