Page 87 - Pure Life 29
P. 87
/
(
86 International Multi. J. of PURE LIFE. 9 (29): 73-102, Winter 2022
legislator, whenever they are judge that this real substance
taken from the custom, so their is an example of blood; or
interpretation is left to the custom. according to farsakh, whether
For example, custom is it is how many kilometers
considered as the reference for from one place to another to
interpreting these cases (usurpation, cause the prayer to be broken
buying and selling, idiots and or not, should be referred to
madmen, blood, intoxicants custom and also what clean
and expediency). Of course, in water (kor) means, we should
accordance with the objective refer to custom, and whether
materials, we must refer to the the water inside the pool is
real one, for example, what kor or not, it should be
wine means should be referred measured, and whether a
to the custom; but whether person is an idiot or not, we
what is inside the glass is wine should refer to custom.
or water, one must refer to Through this explanation, it
external reality (for example, is clear that the authority of
the laboratory). custom in determining concepts
The question is what and who other than its authority is in
is the legal authority for the the conforming of concepts to
application of customary concepts instances. What was in the first
mentioned in religious cases? function was the first authority,
For example, the legal and what is raised now is the
authority for whether the blood second authority. (Alidoust,
is impure or not, is the 2010: 253)
legislator, and custom is This function has been
referred as the authority to denied by most jurists because
what blood is; but who should there is no valid reason for the