Pages: 51-61

Abstract

This rule is based on the orders which have been mentioned in the custom, and jurists have quoted it in different ways. Although this rule has long been the subject of the Imamiyeh jurisprudence, it has been based on various principles of jurisprudence, such as possession of unclaimed things and mosque rulings and trade practices. Also, in the book of Revitalization and accessories, a sample of petrification is cited. The general provisions of the rule are that anyone has to prioritize the use of the main arguments with common places, such as roads, mosques, and endowments, as long as he has not abandoned or abandoned it for a long time, and that no one can disturb him. In addition, the legal provisions are the rules of viability and the restitution of property, and the provisions of the rule on imprisonment have the right to prioritize ownership, while the provisions of the reason rule are the priority for profit. Therefore, although the subject matter of the law is united with the subject matter of the viability rules, rehabilitation and diversion, if someone treats the financial or prospective material, if he has consistently pursued his interests, he has the right to make a profit in the sense of giving priority to him. In short, it is the source for the legal order to exploit the commons.