The Rule of Transitive Benefits better than the Minor -An Applied Fundamental Study-

Abstract

This Research aims to clarify the overall meaning of the rule by stating its total meaning: transgressive action whose benefit is beyond its owner is often better than work that remains confined to its owner, And that the scope of its implementation when works are crowding out and opposing them in one place, and studying some of the jurisprudential applications of them. The Researchers are using: the inductive by establishing the rule of transitive utility in the Holy Qur’an, and Sunnah of the Prophet, and the sayings of scholars, and the analytical by extrapolating the criteria for differentiating between the rule of transgressive benefit, and analyzing the sayings of the jurists, about this rule by making use of it in understanding the jurisprudential applications. This rule is a majority and not steady, and that providing useful work that violates the minor is not based on its launch, but there are a set of controls and criteria for this submission. The scientific value of the research shows that this rule is one of the important guidelines that guides the jurisprudence of priorities and the differentiation of obedience.