اعتبار و ماهیت حدیث «علی الید» با رویکردی بر آرای امام خمینی

Among the significant issues in islamic law is civil responsibility of people towards each other. there are a number of quranic verses and traditions which are considered the base of this responsibility. one of these traditions is attributed to the holy prophet of islam: anyone who takes control of a property without the permission of the owner is responsible towards the property, and if the property remains intact must be returned to the owner and if it is damaged or destroyed its equivalent or its price must be given to the owner. jurisprudents have relied on this tradition in many jurisprudential subjects such as usurping, transaction, responsibility, borrowing and mortgage. but since this tradition has not been mentioned in collections of traditions and the four shia sources of tradition, some jurisprudents hesitate to rely on this tradition. on the other hand, there are differences between those who have referred to this tradition with regard to the domain of its applicability. hence, it is necessary to defend this tradition and put an end to the diverse viewpoints in this regard by setting an acceptable standard.