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The Most Knowingness of the Reference of Imitation

The Meaning Of The Most Knowingness

Before examining the most knowingness being a condition in the reference of imitation, it is indispensable to determine the meaning of the most knowingness. Even though this term appeared in neither a Qur’anic verse nor a narrative, it has powerfully appeared in the studies of the recent jurisprudents as a result of the ponderance and the analysis in the lores of the origins and the jurisprudence.1

Therefore, the meaning of the most knowingness has not been limited, with respect to the jurisprudents, to one frame; they have had two theories as regards specifying it.

The First Theory (The Personal) Most Knowingness

This theory is the one that has prevailed in the jurisprudential books in which the most knowing person is defined as being "the one who is the most knowing of the rules and the one who is more skilful than the others are in applying them on their branches."2

In order to clarify this, we set an approximate example from a practical science i.e. the medicine. Then, who is the most knowing among the doctors?

Is he:

1 - The one who is more acquainted with the old and modern medical theories than the others are?

2 - The one who is more acquainted with the details of the diseases than the others are?

3- The one who is the most knowing of the names of the medicines?

4- The one who is the most knowing of the medical theories and the details of the diseases and who is the most knowing of the application of these theories on the real states?

It is doubtless that the last one is the most knowing one among the doctors. Likewise, is the case with the most knowing one among the jurisprudents, he, in addition to his acquaintance with the decreed rules, must be more skilful in applying these rules on the branches than the others are, and he must have the best intuition in this application.

The scholar may widely know the jurisprudential rules. Still, when he wants to apply them on a detail upon which he comes such as the prayer of the one whose work is in traveling, he may not be here characterized with a more talent than that with which the others are characterized. Even though he knows the rules, he is not the most knowing one among the jurisprudents.

From here, the most knowing jurisprudent is the "most knowing of the rules and the one who is more skilful than the others in applying them on their branches."

The Second Theory: The Most Knowingness Of The Whole

This theory in determining the meaning of the most knowingness carries the previous meaning, yet it is distinguished from the first theory in that it has a hint which some jurisprudents insist on that the most knowingness is not fulfilled without it. Still, some jurisprudents suggested an addition to the previous meaning of the most knowingness and presented it as a basic element in the eligibility of the jurisprudent for the imitation. Here we are going to mention both the hint and the addition.

A Hint about the Concept of the Most Knowingness

The Sign of God Sayyid Mahmud Al-Hashimi referred to certain lores which, he believed, have a great (May his secret be sacred) influence on the most knowingness of the jurisprudent in his doctrinal jurisprudence of the issues which he wants to deduce. These lores are the following.

The first is the comprehension of the spirit of Islam which results from the precise acquaintance with the Qur’anian verses, the religious necessities, the Islamic taken for granted principles, and the jurisprudential premises. It also includes the complete abidance to what The Noblest Prophet (God’s prayers and peace bestowed upon him and his Household) and the Pure Imams (God’s peace bestowed upon them) performed. And this is fulfilled by means of knowing about the life of The Prophet (God’s prayers and peace bestowed upon him and his Household) and Imam Ali bin Abi Talib (God’s peace bestowed upon him) who had the authority and who were responsible for the government, so that we will know how to apply and how to carry out the Islamic rules.

The second is the comprehension to a certain extent of the contemporary culture and the legal and mental issues, such as: the bank issues, the Islamic economics issues, and the judiciary issues in Islam. Otherwise, the non-acquaintance with these issues may result in a great weakness in the jurisprudent’s inference and clarification in these issues.

The third is the perception of the lores which were produced by the pure Impeccable Household (God’s prayers and peace bestowed upon them) in the theological issues and the moral issues in addition to the other lores which are present in the narratives and spread in the non-jurisprudential books. This is in fact so influential in the comprehension of the implied connotations of the discourses, in making advantage of them, and in the knowledge of the evidences.

Sayyid Al-Hashimi considered that it is indispensable to consider these issues and then to formulate a very exact definition for the most knowingness on its light.3

An Addition To The Conditions Of The Reference

The previously mentioned conditions of the reference of imitation were the common ones to be mentioned in the theses of the jurisprudents. The field developments which have taken place in the recent world have added to the responsibility of the post of the reference of imitation in the circle of its authority. Consequently, a group of great jurisprudents started to talk about another condition in the reference of imitation which represents an indispensable element in his eligibility for the post of reference.

Probably the first one to suggest this condition in his practical thesis was the Martyr The Great Sign of God Sayyid Muhammad Baqir Al-Sadr (May his secret be sacred), thus referring to this condition as being the practical eligibility. He (May his secret be sacred) said in Al-Fatawa Al-Wadeeha,"If all the religious conditions of the reference of imitation are available in the absolute jurisprudent, it is then permissible for the religiously responsible person to imitate him… And he will have the general religious authority of the affairs of the Muslims in condition he is eligible for this from both the religious and the practical aspects."4

Sayyid Al-Hashimi clarified the background of the condition of The Martyr Al-Sadr in his saying, "To refer to the reference is not like to refer to the doctor. The doctor may not be a Muslim person, yet we refer to him because we aim at benefiting of his experience and treatment. But the reference to the imitated jurisprudence is in fact a very important issue.

It is a sort of guardianship or at least a jurisprudential legal leadership, and it represents the whole power for setting the laws because the people take from the reference all the laws of their life since its beginning till its end.5

Then, Sayyid Al-Hashimi presented the condition of the Martyr Al-Sadr (May his secret be sacred) and confirmed it especially because the reference of imitation represents a kind of leadership for the society: "…because those who imitate him are, whether he desires so or not, following him with their looks, hearing, and hearts: What is their reference and the person who they imitate saying? What is he issuing as religious opinions? so that they will imitate him and follow him in their private and public life. And because of this, the reference of imitation must meet other special conditions which are summarized by the competence and the eligibility to lead those who are imitating him."6

He Is the Most Knowing yet Not the Reference

It is nice to relate a story which has to do with the condition of the competence and the eligibility of the reference of imitation. It is a story which happened to the deceased The Great Sign of God Sheikh Husayn Al-Holli (May his secret be sacred) whom many scholars used to regard to be the most knowing jurisprudent in his era in spite of the fact that the post of reference in his time was held by the great reference Sayyid Mohsen Al-Hakim (May his secret be sacred). Someone relates that he asked Sheikh Al-Holli (May his secret be sacred), "Why did not you take hold of the post of reference even though you are more knowing than Sayyid Al-Hakim is?" The surprised answer of this reverent scholar was what carries the following meaning: "Sayyid Al-Hakim succeeded in educating his children ." Probably, he was hinting, in his talk, to that from the conditions of the post of reference are the good management of this post and the competence for it, and Sayyid Al-Hakim (May his secret be sacred) was clearly endowed with this.

This condition of competence was not only mentioned in the book of The Martyr Al-Sadr, but also Imam Al-Khomeini (May his secret be sacred), who had a long experience in the post of reference of imitation and who could transform the scholastic thesis into a really practical thesis as regards the issues of the individual and the society and the state, assured this in the call of Rajab 15th 1409 Hijra, which he addressed to the scholastic centers and to the scholars with respect to a group of peculiarities in the reference of imitation. Imam Al-Khomeini (May his secret be sacred) said, "The jurisprudent must be acquainted with the issues of his time. The people and the youths and even the public cannot accept from their reference and jurisprudent to say, ‘I do not express an opinion as regards the political issues.’"

"And from the comprehensive jurisprudent’s peculiarities are to know the method of dealing with the tricks and the perversions of the culture which is dominating over the world; to have the economical vision and insight; to know how to deal with the economics which is dominating over the world; to know the policies and even the politicians and their set equations; to recognize the centralism and the strength and weakness points in the capitalist and communist poles which is in fact a recognition of the reality of the strategy which is dominating over the world. Moreover, the jurisprudent must be endowed with the skill, intelligence, and insight required for the sake of guiding a big Islamic society and even a non-Islamic one. In addition are the morals and the piety and the asceticism. The jurisprudent must also be a manager and an arranger."7

On the basis of this addition to the conditions of the post of the reference and on the basis of that hint about the meaning of the most knowingness, a new expression rose: it is "the most knowingness of the whole".

The Summary of the Sayings about the Conditions of the Reference

The previously mentioned points of view concerning the considered conditions in the reference of imitation can be summarized in the following two approaches.

The first approach considers the traditional conditions which are mentioned in the practical theses and which we have mentioned without any addition or hint about the meaning of the most knowingness. It, therefore, gets sufficed with the traditional meaning which we called previously: the private most knowingness.

The second approach includes a hint about the meaning of the most knowingness through adding several lores so that it will be fulfilled; and the addition of the condition of competence and eligibility in the reference of imitation so that imitating him will be correct.

Having got acquainted with the meaning of the most knowingness, we need to go back to the previous question: Is the most knowingness a condition in the reference of imitation? Here, it is essential to differentiate between the jurisprudent and the others.

The Most Knowingness and the Job of the Jurisprudent

As regards the jurisprudent, he determines for himself the answer on the basis of what he infers from the religious evidences despite the fact that the condition of the most knowingness in the reference is the one common among the jurisprudents.

Even more, Thaher As-Sayyid Al-Murtadha states in Al-thareeaa Book that it is from the taken for granted issues with respect to the Shiite. And it is ascribed to Al-Mohaqiq the Second (May God be pleased with him) that it is agreed on it. It is still ascribed to some of the late scholars that The Second Martyr said that it is not dutiful to imitate the most knowing one.8

Sheikh Al-Ansari and the Imitation of the Most Knowing Jurisprudent From the comely narratives as regards the most knowingness of the reference is the story of the great reference Sheikh Mortada Al-Ansari whom the big reference of the Shiite and their unique scholar the author of Al-Jawaher [The Jewels] Sheikh Muhammad Hassan Al-Najafi (May his secret be sacred) before his death acknowledged his [Al-Ansari’s] most knowingness and called the Shiite to imitate him.

However, after the author of Al-Jawaher had passed away, Sheikh Al-Ansari refused to take hold of the post of reference, demonstrating that one of his fellow scholars, namely Al-Mazendrani, was during their study in Karbala more knowing than he himself was. As a result of the insistence of Sheikh Al-Ansari, the post of the reference of imitation was suspended till a letter was sent to Sheikh Al-Mazendrani who acknowledged that during their study in Karbala, he himself was more knowing than Sheikh Al-Ansari was; but that his great colleague, after having completed his studies and researches in the scholastic Hawza, became more knowing than he himself was. And then Al-Mazendrani called the people to imitate Sheikh Al-Ansari who turned to be the general reference of the Shiite of The Household (God’s prayers and peace bestowed upon them).9

The Most Knowingness and the Job of the Non Jurisprudent

It is deduced from what has been mentioned that the jurisprudent answers for himself that question with respect to the dutifulness of imitating the most knowing jurisprudent on the basis of the evidences which he grasps their implied connotation. But as regards the non-jurisprudent, his method in the determination of the dutifulness of imitating the most knowing jurisprudent differs.

In order to clarify this, we set forth a question which is divided into three branches.

Is it correct for the non-jurisprudent in his determination of his job in the dutifulness of imitating the most knowing jurisprudent to depend on:

A- The Noble Qur’an?

B- The noble discourses?

C- One of the references of imitation?

The Answer

A- It is not accepted from the non-jurisprudent to refer to the Qur’an to determine this from its verses because this requires scholastic means, which he does not own, in order to arrive at the result that will clear his conscience. For example, it is not accepted from the jurisprudent to base on the Saying of The Most High God:

فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ

…So ask of those who know the Scripture if you know not. (16:43).

and build on that it is not conditional to imitate the most knowing jurisprudent since the verse specifies no one in particular. This is so because there is a group of premises which he has to answer, such as:

1- What is meant by “…those who know the Scripture”? Are they the scholars in general? Or are they the scholars of the people of the book? Or are they in particular the Impeccable Household (God’s prayers and peace bestowed upon them)?

2- Does the verse involve the creed issues in particular or does it include the jurisprudential branches as well?

3- Suppose that what is meant from “those who know the Scripture.” are the scholars, then does the non-specification of the characteristics of “those who know the Scripture” imply the absoluteness or not?

4- Are there considerable narratives which are related to this verse, which specify its correct direction, and which may impose specific limits on it?

Therefore, the ordinary non jurisprudent person may not depend on the verses of The Noble Qur’an in order to decide whether it is dutiful or not to imitate the most knowing person.

B- In addition, it is not permissible that the non-jurisprudent refers to the narratives ascribed to The Impeccable Household (God’s prayers and peace bestowed upon them), such as referring to the following narrative which is ascribed to Imam Al-Hassan Al-Askari (God’s peace bestowed upon him) and building on its absoluteness: "People must imitate the jurisprudent who protects his religion, preserves himself, opposes his own wishes, and follows his master’s order". This is so because he cannot know the extent of the correctness of the ascription of this narrative, so that he will trust that it was produced by the Impeccable (God’s peace bestowed upon them). In addition, the deduction from its significations has scholastic premises which he has not got acquainted with, so that he will reach a result which clears his conscience.

C- Moreover, it is not accepted that the non-jurisprudent relies on the opinion of a reference who is not the most knowing one, so that he will determine on his basis his path in the imitation of the most knowing jurisprudent. If this reference says that it is not dutiful to imitate the most knowing jurisprudent, then how can it be correct that the non-jurisprudent depends on his opinion as long as he has not made sure that he is the most knowing jurisprudent?! The correct may be the dutifulness of imitating the most knowing jurisprudent. This leads to the non-permissibility of imitating who says that it is not dutiful to imitate the most knowing jurisprudent as long as he himself is not the most knowing jurisprudent.

The Non Jurisprudent and the Correct Direction

On the basis of what has been mentioned, how does the non-jurisprudent determine his religious responsibility with respect to the issue of the dutifulness of imitating the most knowing reference?

The Answer

As the religiously responsible person turned with his mind and vision towards the rational society in order to know the dutifulness of imitation, he must also turn to the mind and to the rationality in order to determine the dutifulness of the imitation of the most knowing jurisprudent. This is so because they represent the path to reach the result which clears his conscience in front of The Most High God from the religious responsibilities with which He assigned him. Then, the religiously responsible person comes to know that "his mind determines the necessity of the reference to the most knowing jurisprudent where there is a contradiction in the religious opinion between him and the one who is not the most knowing jurisprudent."10 This is so because the non-jurisprudent, after he has been confirmed that he is assigned with carrying out certain religious responsibilities which The Most High God decreed in His Divine Message, comes to know that he has to attempt at clearing his conscience from these religious responsibilities and at making advantage of them in his perfection process which The Most High God wants for him.

This non jurisprudent religiously responsible person has arrived to a conclusion that the easiest way to clear his conscience is the imitation. But he is now facing a question: Is he to imitate the most knowing jurisprudent or is he to imitate a jurisprudent who is not the most knowing among the others?

Before starting with the answer, we point out to that some people may conceive that they have the religious freedom as regards the imitation of either the most knowing jurisprudent or the one who is not the most knowing. Accordingly, it is correct that they imitate whomever they want. However, these people are going to give up this belief when they face the following two evidences which will drive them to imitate the most knowing jurisprudent.

The First Evidence: Imitating The Most Knowing Jurisprudent Is A Guarantee For Salvation

He who faces the previous question concerning the dutifulness of imitating the most knowing jurisprudent and does not find a primary answer at reach can give the following answer: "If you imitate the most knowing jurisprudent, then you will be sure of the clearance of your conscience. On the other hand, if you imitate someone else, then you will remain in doubt concerning the clearance of your conscience. This is so because your religious responsibility implies either the dutifulness of imitating the most knowing jurisprudent in specific or the permissibility of imitating him and imitating other ones as a present alternative." After having got this primary answer, the mind of the non-jurisprudent human being will direct him for sure towards the imitation of the most knowing jurisprudent.

When The Guardian Reference Imam Al-Khamene’i (May God lengthen his presence among us) was asked about his evidence for his cautiousness in the dutifulness of imitating the most knowing jurisprudent, he referred to the above mentioned point in his saying, "With respect to the evidence for it, it is…the judgment of the mind after the mind’s turning between the specification and the alternativity."11 The philosophy of the turn of the human being’s mind here towards the imitation of the most knowing jurisprudent lies in a background which represents a base in the motivation of the human being in this life. The title of this background is what follows: "The power of the potential thing not that of the potentiality is what motivates the human being."

In order to clarify this rule, we set forth the following example: Let us suppose that a man is riding a bike in the street. While moving on, he has a 70% potentiality that a low valued piece of money- let us suppose that it is 50 L.L- fell from him. We realize that this man does not stop but goes on moving even though the potentiality is 70% yet the potential thing is 50 L.L. On the other hand, if this same man has, while moving, a 5% potentiality that a million Lebanese liras fell from him, we realize that he stops without hesitation even though the potentiality of falling is 5% yet the potential thing is a million Lebanese liras.

This explains that the motivator of the human being is not the power of the potentiality because a 70% potentiality did not motivate him whereas a 5% potentiality did. The power of the potential thing is, therefore, what motivate him because the million liras motivated him whereas the fifty liras did not.

From here, we deduce that the power of the potential thing and not that of the potentiality is what motivates the human being.

We go back to the issue under question: Is it dutiful to imitate the most knowing jurisprudent, or is it permissible to imitate someone else? This mental background which is present in the human being and which represents a base in his movement says to him, "Regardless of the percentage of the potentiality of the dutifulness or not of imitating the most knowing jurisprudent, you have a strong potential thing to face i.e. the blessing or the torture of the hereafter. When you imitate the most knowing jurisprudent, you are guaranteeing the salvation. On the other hand, when you imitate the jurisprudent who is not the most knowing one, you will be facing the potentiality of the non-clearance of the conscience and the divine claim regardless of the percentage of this potentiality."

This power of the potential thing, therefore, motivates the human being and directs him towards the imitation of the most knowing jurisprudent.

The Second Evidence: Imitating The Most Knowing Jurisprudent Is The Alternative Of The Rational People

In addition to the previous evidence for the imitation of the most knowing jurisprudent, the one wandering about whether it is dutiful or not to imitate the most knowing jurisprudent realizes in the life of the rational people and in their social process what guides him towards the determination of the answer. When the rational people face a problem which requires a solution from someone and when those presenting the solution are various and different in their competences with one among them being known for being the most competent and the most knowing, then they turn towards him without any hesitation.

Let us set forth as an example a person who is afflicted with a medical problem in his heart and needs a surgical operation for his heart. He finds ten doctors who are specialized in the cardiac surgical operation and he can perform his operation at any of them and at any time and without any variation in the cost. Yet he knows that one of them is the most knowing and competent and experienced. Then, he without any hesitation turns towards this most knowing doctor and not to anybody else. Likewise, is the case in all the affairs and issues of the rational people: When they recognize the most knowing among those belonging to the same specialization, then they turn towards him and not towards anybody else.

The jurisprudents consider this rational construction and this process as evidence to which they stick in order to prove the religious rules i.e. through adding the signature of The Impeccable which is understood from his non-interference to refuse this process: Had The Impeccable been discontent with the process of the rational people and their turn towards the most knowing person- for instance, he would have interfered to indicate the right process. Since he did not interfere, we come to understand his signature for this rational construction and his content with this, and we grasp the indication of the construction and the process of the rational people to the dutifulness of imitating the most knowing jurisprudent.

When Imam Al-Khamene’i (May God lengthen his presence among us) was asked about his evidence for the cautiousness in the dutifulness of the imitation of the most knowing jurisprudent, he guides us through saying, "As regards the evidence for it, then it is the construction of the rational people."12

Summary

When the non-jurisprudent faces the following question: Is it dutiful to imitate the most knowing jurisprudent, or is it permissible to imitate other jurisprudents rather than him? Then how can he reach the satisfying correct answer?

The Potentiality True Or False The Reason
1. Referring to the Qur’an False Non competence as regards the determination of the meaning of the verses
2. Referring to the Ahadith False Non competence with respect to knowing the correctness of their ascription and to determining their meaning
3. Referring to the jurisprudent False Because if he is not the most knowing jurisprudent, then how will it be correct to depend on him?
4. Referring to the mind which calls the person to the imitation of the most knowing jurisprudent True Because the cautiousness demands so and through this, one makes sure of the clearance of his conscience
5. Referring to the process of the rational people which call to the imitation of the most knowing jurisprudent True Because the cautiousness demands so and through this, one makes sure of the clearance of his conscience (same reason as the previous point).

The Result

The only rational way for the religiously responsible person who is neither a jurisprudent nor a worker on the basis of taking cautiousness to guarantee the clearance of his conscience as regards the application of the divine rules is the imitation of the most knowing jurisprudent.

How Do We Identify The Most Knowing Jurisprudent?

After the non-jurisprudent religiously responsible person has reached the result of the dutifulness of the imitation of the most knowing jurisprudent, he wanders about the method through which he can identify the most knowing jurisprudent. Here, he finds within his reach the following methods which the jurisprudents mentioned in their books after they had deduced them from the observed evidences.

The First Method: What Indicates The Knowledge

It is clear that the arrival of the religiously responsible person to the level of knowledge and certitude and sureness that a certain person is the most knowing one represents a method to clear his conscience in front of The Most High God. But the question here is about the method that leads the human being to this knowledge.

The jurisprudents have suggested a scientific method to know the most knowing jurisprudent i.e. the personal test, which means that the religiously responsible person can go to the jurisprudents who are in the frame of the most a knowingness in order to listen to their inferences, scientific bases, and refutation of the occurring problematicalities; or he can read their scientific books and their researches in order to identify the most knowing jurisprudent among them.

It is no secret that the one who can do this test is the scholar who has reached an advanced scholastic level through which he can determine the most knowing jurisprudents. But the non-scholar religiously responsible person lacks this method, so he needs another one.

The Second Method: The Wide Spread

And here arises what the jurisprudents suggested under the title of "the wide spread" as a method to imitate the most knowing jurisprudent. This means that the most knowingness of a certain jurisprudent becomes wide spread in the scholastic circles or in the public circles. If this wide spread results in knowledge in the person who is exposed to it, then he will have got the method which clears his conscience.

The Delusive Wide Spread

Here we confirm that the wide spread in itself is not a correct method to clear the conscience. It is such a method when it results in knowledge and certitude. This issue is clarified when we examine the how of the emergence of the wide spread. It may emerge from a propaganda campaign which did not move from correct scholastic basis. Media may affect the formulation of a wide spread of an unreal case, and it plays a role in deluding the people about its reality.

Accordingly, is formulated the delusive wide spread of the truth of a certain case while the truth is exactly the opposite. There is no objection to that this case be the jurisprudence of a certain scholar or his most knowingness. From here, the wide spread which results in the certitude and sureness, and not any wide spread however it emerged, is the one which is depended upon as a method to prove the most knowingness.

Is the Reassurance about the Most knowingness a Method to Determine the Most Knowing Jurisprudent?

We have realized from what has been mentioned that it is permissible in the identification of the most knowing jurisprudent to depend on what results in knowledge. Then, it is permissible to depend on what results in reassurance?

It is indispensable to know at first the meaning of the reassurance, and then we will answer this question.

The Meaning of Reassurance

The common meaning of reassurance is the peacefulness. The one who is reassured about something is the one whose soul is peaceful concerning it and thus is not worried.13 The meaning of the Saying of The Most High God

وَرَضُوا بِالْحَيَاةِ الدُّنْيَا وَاطْمَأَنُّوا بِهَا

“But are pleased and satisfied with the life of the present world…” (Surah Yunus, 10:7).

is that they are peaceful concerning it.

This meaning of reassurance was suitable to make "the reassurance" a special term which is meant to determine the percentage of the confidence of the soul concerning what it faces. Then, the reassurance represents a high degree of confidence which is a little bit lower than knowledge.

This issue is from the results of the era of the translations from the Greek language to the Arabic language where special terms were found in the Greek language with no like for them in the Arabic language. The translators, therefore, had to choose certain terms suitable in meaning in order to set them forth as suitable translations for the Greek terms.

For example, the Greek language has a term which shows the 100% confidence of the soul concerning what it faces, so the term "knowledge" was chosen as a translation for that term.

Also, the Greek language has a term which shows a higher than 50% and lower than 100% confidence of the soul concerning what it faces, so the term "Assumption" was chosen as a translation for that term even though in the Arabic language "assumption" may be used to mean "belief" which may be a 100% belief. For example, the Saying of The Most High God "So he assumed that we would not be capable of him" is explained as that he knew and believed that We will not bear heavily upon him. Still, the term "assumption" was used as a special term in equivalence to the Greek term.

Moreover, in the Greek language there is a term which shows a lower than 50% confidence of the soul concerning what it faces, so the term "illusion" was chosen for it in the Arabic language even though this term has, as it clearly known, another meaning in the root of the language.

The result which we arrive at is that the era of the translations produced new meanings for certain Arabic terms which have become terms special to the Arabic language and spread among the people to the extent that many people no more heed for the original meanings before that era.

We can summarize what has proceeded in the following:

The Arabic Term The percentage of the confidence concerning what it faces
Knowledge (certitude/ sureness) 100%
Assumption Between 50% and 100%
Illusion Less than 50%

And the term "reassurance" also passed these changes, or specifications, of the meanings. Accordingly, it became a term which shows the percentage of the strong assumption which is 99% adjacent to knowledge. The term "reassurance" suggests, therefore, the highest degrees of assumption but does not reach the degree of knowledge and certitude.

Having got acquainted with the exact meaning of reassurance, we move to deal with the previous question: Is the reassurance about the most knowingness considered to be a method for the determination of the most knowing jurisprudent?

At first, what is meant by "the reassurance about the most knowingness"? It means the confidence of the soul with a percentage which is adjacent to knowledge concerning certain person’s being the most knowing among the jurisprudents.

Here we must shed light on the meaning of the question before the answer since the real question is "Is the reassurance about the most knowingness is a method that clears the conscience?" It is not: "Is the reassurance about the person (i.e. the jurisprudent) a method that clears the conscience?"

We are focusing on this because some people may ask themselves the second question and thus say, "I am reassured about a certain person, then is my imitation of him correct?" He means that he is psychologically comfortable about him because he is, for instance, a scholar who is known for piety and the good deed which makes the soul be confident and comfortable about him.

Here we say that this question is wrong in origin before we suggest any answer for it. This is so because the reassurance about which it is correct to ask is that of the most knowingness of the jurisprudent i.e. the soul’s confidence concerning his being the most knowing among the jurisprudents with a high percentage which is adjacent to knowledge and certitude and not the psychological comfort with the other. Otherwise, one may have this psychological comfort and heart confidence towards a working reverent scholar who is not a jurisprudent. Then, where is the correct imitation in this?

Going back to the question: "Is the reassurance about the most knowingness a method that clears the conscience?" we answer as follows: Some jurisprudents did not, when they talked about the method by which to identify the most knowing jurisprudent, mention the reassurance beside the knowledge as is realized upon the revision of Al-Aourwa Al-Wothqa14 by The Great Sign of God Sayyid Al-Yazdi (May his secret be sacred) with the comment of several references on it, and as is realized in Tahreer Al-Waseela by Imam Al-Khomeini (May his secret be sacred) where he says, "The jurisprudence is proved by the test and by the wide spread which results in knowledge…"15 i.e. without his mentioning of the reassurance beside the knowledge.

Other jurisprudents stated that the reassurance about the most knowingness is like the knowledge about it as regards the clearance of the conscience, as The Guardian Imam Al-Khamene’i (May God lengthen his presence among us) stated in Ajweebat Al-Istiftaat in his saying, "Realizing the jurisprudence or the most knowingness of the reference of imitation must be through either the test or attaining the knowledge whether by means of the wide spread which results in knowledge or by means of the reassurance."16

And the evidence for presenting the reassurance about the most knowingness as a religious method to imitate the most knowing jurisprudent is that even though reassurance is not a science in the common meaning i.e. the percentage of confidence in it is 100%, it is still considered an actual science. And it is observed in the process of the rational people that they follow it in their issues. Had it been evidence in religion, it would have been dutiful on The Prophet (God’s prayers and peace bestowed upon him and his Household) and the Imams (God’s peace bestowed upon them) to interfere to show that it is not religiously correct to abide by it. Since The Impeccable (God’s peace bestowed upon him) did not interfere, we come to realize that it is true as evidence in the true Islamic doctrine.

To this the deceased The Great Sign of God Sayyid Al-Khou’ei (May his secret be sacred) pointed out in his saying, "It also proved by the reassurance because it is an ordinary science; and it is rational evidence; and it was not deterred from in the sacred doctrine."

Summary

Till here, we have arrived at the following result:

The most knowingness of the jurisprudent is proved by means of:

1- what results in knowledge such as the personal test and the wide spread in case it results in knowledge

2- what results in reassurance such as the personal test and the wide spread in case it results in reassurance

We still have to talk about the third method.

The Third Method: The Testimony

This means the testimony of two just persons who are from the people of experience who are either jurisprudents or scholars whose learning is on the borders of jurisprudence i.e. they arrived at the doors of jurisprudence but did not enter, yet have become capable of distinguishing the most knowing jurisprudent from the others. If two just persons from the people of experience give their testimonies for the most knowingness of a specific jurisprudent, then their testimony, as the jurisprudents have mentioned, is a religious method which is depended upon in order to determine the most knowing jurisprudent and thus imitate him.

The jurisprudents have admitted the religious correctness of this method on the basis of a decreed rule in the Islamic jurisprudence i.e. the subjects are proved by the testimony. This is so unless the doctrine interferes to clarify that the testimony is not enough by itself and that there is a need for other more conditions.

The subjects are what the judgements are given for. When the doctrine talks about the forbiddance of wine, then the judgement is the forbiddance and the subject is the wine. As regards the forbiddance, there are special methods to prove it. But as regards the wine which is the subject of forbiddance, what is the method to prove it i.e. to prove that this liquid in the cup is wine? Here arises the rule: the subjects are proved by the testimony which means that two just persons give their testimony that this liquid is wine, and then their saying is regarded to be evidence in proving its being wine.

If we reverse the subject and two just witnesses from the people of experience give their testimony that the liquid in the cup is vinegar and not wine, then their saying is also considered to be evidence on which it is correct to depend in order to drink the mentioned liquid.

And a certain person’s being the most knowing among the jurisprudents is a subject which is proved by means of the testimony, as we mentioned above. Certain jurisprudents did not restrict the proof of the subject to the testimony; they even said that the saying of one trustworthy person, without the need of two just persons, is by itself enough to prove the subject. Those jurisprudents applied what they said on our search for the determination of the most knowing jurisprudent, and they were sufficed with the saying of one trustworthy person from the people of the experience in testifying the most knowingness, as the deceased Sayyid Al-Khou’ei (May his secret be sacred) said in Minhaj Al-Saleeheen.17

A Clarifying Chart

In order to clarify what we have arrived at in this study, we present the following chart:

The Method of Determining the Most Knowing Jurisprudent True or False
The personal test which results in knowledge or reassurance True
The wide spread which results in knowledge or reassurance True
The wide spread which does not result in knowledge or reassurance False
The reassurance which means the 99% confidence of the soul concerning a certain person’s being the most knowing jurisprudent True
The reassurance which means the psychological comfort with one of the scholars (i.e. not on the basis of that he is the most knowing jurisprudent but on the basis of the comfort) False
The testimony of two just persons from the people of experience for the most knowingness of a certain jurisprudent True
The testimony of two scholars who are not from the people of experience for the most knowingness of a certain jurisprudent False

How Do We Read The Evidence For Imitation?

It has been stated that the methods of the determination of the most knowing jurisprudent are three: the knowledge, the reassurance, and the testimony.

Since the first two ways (i.e. the knowledge and the reassurance) are not for many people usually within reach in the proper form which we have explained, the testimony has become the most prominent method in the recognition of the most knowing jurisprudent.

Upon examining the testimonies which are related to the imitation of the reference, we realize that they are stated in different expressions which are based on the different backgrounds of those providing the testimonies themselves. From here, it is indispensable to know how to read the testimonies in a correct and scientific way in order to make sure of their being a method that clears the conscience.

As an example of these testimonies, we set forth the testimonies which were given for the Muslims’ Authority Imam Al-Khamene’i (May God lengthen his presence among us) and which were various as follows:

1- The Testimonies for the Clearance of the Conscience

There are many testimonies from this sort, among which we present the following:

1- The testimony of The Sign of God Sheikh Abbas Waaez Tobssi: "…Imitating His Eminence The Sign of God Al-Khamene’i is clearing for the conscience and is stronger for the Islamic regime and government."

Jumada the Second 29th, 1415 of Immigration

September 17th, 1973

2- The testimony of The Sign of God Ismael Firdawsi Bor: "…Imitating His Eminence The Great Sign of God Al-Khamene’i involves no problematicality and is clearing for the conscience."

September 15th, 1973

3- The testimony of The Sign of God Asadullah Imani: "…The reference of all the Shiite and the believers to the reverent Sayyid with respect to the religious opinions is going to be, by God’s Will, correct and clearing for the conscience."

September 13th, 1973

4- The testimony of The Sign of God Sayyid Ali Akbar Qourash: "I believe that the reference and the permissibility of imitating His Eminence the reverent Leader The Sign of God Al-Khamene’i (May God lengthen his presence among us) is a taken for granted issue."

Jumada the Second 27th, 1415 of Immigration

5- The testimony of The Sign of God Sheikh Abbas Mahfouthi: "Taking into consideration the conditions which must be fulfilled in the jurisprudent, I believe that imitating the Resistant His Eminence The Sign of God Al-Khamene’i is permissible."

6- The testimony of The Sign of God Sayyid Abbas Khatam Yazdi: "…On the basis of what we have realized concerning the availability of the religious qualifications of the reference and imitation in the character of the leader of the nation, the leader of The Islamic Resistance, the scholar, the resistant, the jurisprudent, the skillful The Sign of God Sayyid AliAl-Husayni Al-Khamene’i (May his continuous blessings long for ever), we believe that imitating him (May God lengthen his presence among us) involves, by God’s Will, no problematicality and clears the conscience."18

Jumada the Second 27th, 1415 of Immigration

Comment

It is noticed that all these testimonies revolve around the imitation of Imam Al-Khamene’i (May God lengthen his presence among us) being clearing for the conscience, and that these testimonies do not refer to the most knowingness. Such sort of testimonies may be based on the belief that the most knowingness is a condition that must be available in the reference. Or they may be based on a background where the witness does not regard the most knowingness as a condition in the reference of imitation; such a witness may believe that Imam Al-Khamene’i is an absolute jurisprudent whom it is permissible to imitate, and that he is the most eligible and the most fitting one to be imitated due to the characteristics with which he is endowed. We can clearly realize this background in the testimony which is given by the Scholar Sheikh Abdulhadi Al-Foudli. It is as follows:

In the Name of God, The Most Beneficent, The Most Merciful Praise be to God, and God’s peace be bestowed upon His servants whom He chose.

Abiding by the theory of the most knowing jurisprudent in the imitation as regards the work and the application is to a little bit high extent difficult and embarrassing as a result of the difference concerning the concept of the most knowing jurisprudent and as a result of the semi impossibility of comparing among all the contemporary jurisprudents in order to determine who the most knowing one is, and as a result of the always contradiction of the testimonies without the presence of an authority in the determination of the most knowing jurisprudent… Moreover, we realize from the practical process of the followers of The Household (God’s prayers and peace bestowed upon them) who used to refer to the jurisprudents of their time whom our pure Imams (God’s peace bestowed upon them) ordered and guided us to refer to them that they used to vary in their scholastic levels.

In addition, the narratives of imitation include both the most knowing jurisprudent and the others who are not so: "People must imitate the jurisprudent who protects his religion, preserves himself, opposes his own wishes, and follows his master’s orders." "As regards the happening events, refer to the narrators of our discourse, for they are my authority on you and I am God’s authority on them." It is deduced from these narratives that it is permissible to imitate the preferred one even though who is better is present.

All of this leads to that if it is possible, and it is not possible in fact, to come to know and determine the most knowing jurisprudent, then it is still preferable and not dutiful to imitate him.

On this basis, we must, in compliance to the necessary and urgent requirements of our contemporary life, look for the most fitting one to take hold of the post of reference. And the most fitting jurisprudent here is the one who is endowed with the administrative and leading qualifications; who has a vision which assimilates all the aspects of the people’s life and their conditions; and who is characterized with originality and independence and depth in inference.

Throughout my acquaintance with the inferential writings of The Great Sign of God Sayyid Al-Khamene’i (May God lengthen his presence among us) and his practical religious opinions and his general Islamic attitudes, I find these characteristics [the above mentioned ones] available in his blessed character. Because of this, I called to imitate him and to labour towards unifying the leading reference in his character. This is so because choosing him for the mission fulfills for us the clearance from the responsibility in from of The Most High God and fulfills for us the loyalty to our great Islamic nation. I ask The Most Glorified God to help everybody to what He likes and is pleased with; He is the Granter of Success and He is the Aim.

Abdulhadi Al-Foudli

25- 8- 1420 of Immigration

However, this sort of testimonies for the clearance of the conscience is not depended upon as a basis in imitation as long as there are testimonies for the most knowingness, and we realize this in the following sorts of testimonies.

2- The Testimonies for the (Special) Most Knowingness

We will set forth the following testimony as an example:

* The Testimony of The Sign of God Sayyid Ja’far Al-Husayni Al-Karimi for the Most Knowingness In the Name of God, The Most Beneficent, The Most Merciful

God’s peace be bestowed upon you, Noble Brothers.

May The Most High God support you

And I invoke Him for you with the goodness of this life and the hereafter.

As regards what you asked me concerning the most knowingness of The Sayyid The Leader Al-Khamene’i (May God lengthen his presence among us), I say, "Throughout years, I have been sitting to The Sayyid The Leader and participating in the session of the Consultation of Giving the Religious opinion in the presence of His Eminence in addition to a number of the well known great jurisprudents (May their blessings long for ever). And I have found out that The Sayyid The Leader (May God lengthen his presence among us) is more accurate and faster moving and better deducing of the branches from the origins than the other great jurisprudents (May The Most High God protect them) are. If this is, and it is in fact, the standard of the most knowingness, then I have realized this standard in the discussions of The Sayyid The Leader (May God lengthen his presence among us). From here, I confess and acknowledge that he is the most knowing one among his contemporary peers. May The Most High God benefit us and you by his leadership, knowledge, and instructions.

Sayyid Ja’far Al-Husayni Al-Karimi

1419-11-26 of Immigration19

3- The Testimony for the (Whole) Most Knowingness

As samples, we set forth the following testimonies:

A- The testimony of The Sign of God Sayyid Mahmoud Al-Hashimi

After Sayyid Al-Hashimi presented his hint about the meaning of the most knowingness, as was previously mentioned, he said, "It is indispensable to point out that The Leader (The Sign of God Sayyid Ali Al-Khamene’i) is greatly characterized with this peculiarity; that he abides in the jurisprudence by the deduction of the jurisprudential rules from the depth of the doctrine; and that he is not affected by the external factors. This is from the distinguishing features of the reverent Sayyid The Leader. Because of this, you realize that his religious opinions are usually the same like the religious opinion of the prominent scholars. He reverently and respectfully and appreciatively receives the sayings of the great scholars and then starts searching. This is from the important issues in the most knowingness and in drawing near to the truth and reality."20

On the basis of this background, The Sign of God Al-Hashimi called Imam Al-Khamene’i (May God lengthen his presence among us) to take hold of the post of reference after the death of The Great Sign of God Sayyid Al-Kalbaykani, "…And the moments pass in attendance to your Eminence’s taking hold of the affairs of the reference and the administration of the scholastic Hawzas, thus hoping that your noble presence fills the happening vacancy in this issue."21

B- The testimony of The Sign of God Sheikh Muhammad Yazdi

In the same manner of the approach which Sayyid Al-Hashimi adopted, The Sign of God Yazdi gave the following testimony:

In the Name of God, The Most Beneficent, The Most Merciful Amid the current disagreement among the great jurisprudents on the meaning of the most knowingness and on the how of accomplishing it, I believe that The Sign of God Al-Khamene’i (May God lengthen his presence among us) is the most knowing and the most capable as regards the lores, the requisite issues for the imitation, and carrying out the responsibilities of the post of reference of the Islamic nation. From here, you can imitate him in all the necessary affairs, as I previously wrote.

Muhammad Yazdi22

18-12-1977 of Immigration

C- The testimony of The Sign of God Sheikh Ibrahim Jannati

In the Name of God, The Most Beneficent, The Most Merciful

It is taken for granted that the most knowingness is a condition in the reference. And the most knowing jurisprudent must be realized on the basis of the whole. From the conditions are the knowledge and the insight concerning the issues of the present time, and the reference must be capable of recognizing the variations and the internal and external relationships. So the most fitting and the most knowing jurisprudent as a whole is, in my opinion, His Eminence The Sign of God Al-Khamene’i (May God lengthen his presence among us).

Muhammad Ibrahim Jannati23

9-9-1973 of Immigration

In this manner did the testimonies for the most knowingness of Imam Al-Khamene’i (May God lengthen his presence among us) proceed, thus at one time taking into consideration the special most knowingness, at another time the most knowingness as a whole, and at a third time the most knowingness without any specification. On the basis of what we have presented, the case of the next testimonies for the most knowingness is clarified.

*The testimony of The Sign of God Ahmad Jannati for the most knowingness

In the Name of God, The Most Beneficent, The Most Merciful

The standard of the most knowingness is, according to my point of view, that the jurisprudent be the most capable of deducing the rules from its religious origins and proofs along with considering the time, place, and conditions. And I know no one among the candidates for the post of reference nowadays who is better and more powerful than the Sayyid The Leader (May God lengthen his presence among us) is. To add, the issue today is that of Islam and atheism and not only that of the branch judgments. Let the human being fear God and think about the consequences of the issues and the traps of the devils and their enmity to Islam and their determination to destroy its props and break down the true Muhammadian Muslims, And God is All Knowing about what they are doing. O God! We have relied upon You! And towards You we have turned! And to You is the end!

Ahmad Jannati24

Rajab 6th, 1414 of Immigration

The testimony of The Sign of God Sheikh Muhammad Ali Al-Taskhiri for the most knowingness

Your Eminence The Sign of God Al-Taskhiri, what is your opinion as regards the imitation of the leader of the Islamic Revolution the Muslims’ Authority Sayyid Ali Al-Khamene’i (May God lengthen his presence among us)?

God’s prayers and peace be bestowed upon Muhammad the Master of the Prophets and upon his Pure Impeccable Household. Some of my believing brothers asked me to frankly express my opinion concerning the imitation of my sir noble The Leader of the Believers and the Muslims’ Authority His Eminence The Great Sign of God Sayyid Ali Al-Khamene’i (May God lengthen his presence among us). Having been acquainted with his prolific knowledge, his right opinion in the various fields of the Islamic doctrine, and his visions as regards the individual and the society.

I acknowledge his being the most knowing jurisprudent. According to me, therefore, he (May God lengthen his presence among us) must be imitated. And God is witness on this.

I ask The Most Glorious and High God to grant him success in promoting this message, in leading this nation towards its highness and grace, and in achieving the aims which the deceased Imam Al-Khomeini (May his secret be sacred) delineated. And God is the Granter of Success.

Muhammad Ali Al-Taskhiri25

Thou Al-Houjja 6th, 1418 of Immigration

Makka Al-Moukarrama

And Praise be to God,

The Lord Of All The Worlds.

  • 1. Al-Hashimi, Nazra Jadeeda Fee Wilayat Al-Faqih, Page 26.
  • 2. Al-Ghourouri, Al-Tanqeeh, Page 204.
  • 3. Refer to the previous source, From page 29 till page 37.
  • 4. The Publications of Al-Taarof House, Page 115.
  • 5. Nazra Jadeeda Fee Weelayat Al-Faqih, Page 40.
  • 6. Nazra Jadeeda Fee Weelayat Al-Faqih, Page 41.
  • 7. The call of Imam Al-Khomeini (May his secret be sacred), Pages 21 and 22.
  • 8. Refer to Al-Ghourouri, Al-Tanqeeh Fee Shareh Al-Aourwa Al-Wothqa [The Revision of the Explanation of the Firm Bond], Part One, Page 134.
  • 9. Refer to Clanter, Al-Makaseb [ The Gains] Part One, The Introduction.
  • 10. This expression is mentioned in the studies of the dead Sayyed Abu Al-Qasim Al-Khu’i (May his secret be sacred) in Al-Tanqeeh, Part One, Page 134.
  • 11. Ajweebat Al-Istiftaat , Part One, Page 6.
  • 12. Ajweebat Al-Istiftaat Part One, Page 6.
  • 13. Refer to Al-Tarihi, Moujammaa Al-Bahrain, Part Six, Page 277.
  • 14. Al-Aourwa Al-Wothqa, Publications of Al-Aalamee Institution, Part One, Page 8.
  • 15. Tahreer Al-Waseela, Publications of Al-Montathar House, Part One, Page 6.
  • 16. Ajweebat Al-Istiftaat, Publications of the Islamic House, Part One, Page 11.
  • 17. Minhaj Al-Saleeheen ,Part One, Page 10.
  • 18. Refer to these testimonies in the following book: Marjeeaayat Al-Imam Al-Qa’id (May God lengthen his presence among us) [The Reference of The Imam The Leader].
  • 19. A member in The Teacher’s University, A teacher of the high studies in Sacred Qom, A member in The Council of the Consultation of Giving the religious Opinion in the bureau of Imam Al-Khamene’i, He attended for 24 years the studies of Sayyed Al-Khu’i (May God be pleased with him and for 14 years the studies of Imam Al-Khomeini (May his secret be sacred).
  • 20. Nazra Jadeeda Fee Weelayat Al-Fakih [A New View of the Guardianship of the Jurisprudent], Pages 37 and 38.
  • 21. Marjeeaayat Al-Imam Al-Qa’id (Publications of Al-Maaref Islamic Cultural Association), Part One, Page 100.
  • 22. A member of The Council of the Maintenance of the Constitution in the Islamic republic, Member of The Council of Experts, Previous Head of the Judiciary Power.
  • 23. A member of The Council of Experts.
  • 24. Head of The Council of the Maintenance of the Constitution in the Islamic Republic, Temporary Leader of Tahran’s Friday prayer.
  • 25. A member of The Teachers’ University, The Secretary of the Global Meeting for the Approximation among the Sects.