- من أقضية القرآن الكريم- وداود وسليمان إذ يحكمان في الحرث

Abstract

This search deals with a cause written in the Quran, Surat Al- Anbiyaa, its subject is: two persons had quarreled because of the sheep of one of them putrefied the others plantings, both Prophets Dawood and his son Suliman - May peace be upon them - had judged in this cause with different judgments, no doubt that their judgments was taken from the legitimates of who came before them. This judgment in this cause was judged by the judge of Prophet Mohammad -May the blessing of God be upon him - and by studying the different thoughts of Feqeh. The search is divided two subjects and a conclusion. First subject was about : the judgment of both the two prophets , the second, was about the judgment of Prophet Mohammad - May the blessing of God be upon him -, the conclusion concludes what the searcher had concluded: 1) The judgment of both prophets was just jurisprudence, not an inspiration from God, that is after taking into consideration the possibility of the jurisprudence for the Prophets. 2) Judge of Dawood - May Peace be upon him - : is to give the sheep to the land's owner, his judgement was: he evaluated the harm of the garden and he found it equals to the price of the sheep, it means the value of the alike, and this is an equity judgement and is injustice judgement. Prophet Suliman had judged: to give the sheep to the land's owner for their usefulness, and the sheep's owner will do the plowing of the land, and after the land turns to be as it was then he will be able to take back his sheep, his judgement was: Originals by Originals and augments by augments, he made the usefulness of the sheep is opposite to the usefulness of the plowing without vanishing the ownership of the sheep from the owner, and he imperatives on the sheep's owner to plow the land until he removes the harms and the diminution, Prophet Suliman's judgement was correctness, sageness, based on and accuracy 3) Suliman's judgement is legal from our point of view, but his judgement is not like the judgement of our Prophet Mohammad - May blessing of God be upon him -, I Tpon that, the Fiqeh Thoughts divided into three famous thoughts: The first for the people they said: If the damage occurs at night time then the sheep's owner will guaranty this damage, but if the damage occurs at day time and the sheep were alone, then no guaranty will be made by the sheep's owner. The second is for the Al-hnaf they said: in case the sheep's owner was not with the sheep, and in case that he was not an aggression when shepherding the sheep, then no guaranty by money or blood day time or night time to be done. The third for Layth Ben Sa'd he said: the owners of the sheep had to be subject to guaranty day time or night time, it means that every shepherding, then its owner is guaranty, but will not guaranty more than the sheep's price, like the slave if he killed, the researcher had predominated the people's thoughts, especially Al-Malikiah and Al- Shafi'iah, whom they links the judgement and its change with the convention and its change, controversial to Al-Hanabilah whom they did not link the judgement to that. After the results, some recommendations were recorded: Link must be found between our legitimacy and the others legitimacy especially by the passing matters, if that is possible. It shows the incorrect of the judgments and its selfinterest, it deepens the basic of God's legitimacy which is emanating from the unification, studying the special cases that were mentioned in the Quran, as this is the subject of my search, and the case of pilfering the king's gold, Surat Yousef (69 - 79). The case of the sheep's owner Surat Sad (21-26).