عنوان مقاله [English]
One of the narrative terms is Ha’ishat, which has rulings and jurisprudential effects. This research, with descriptive and analytical method, is trying to answer this basic question: what is Ha’ishat and what is its jurisprudential ruling? The author has tried to discuss this issue according to its meaning in two dimensions; sedition and fear. Therefore, if someone is killed in seditions and riots; It should be examined from two aspects of religious rules (ghusl and prayer) and financial rules (diyah), where three cases are envisaged: first, if the victim was killed to fight sedition; He is considered a martyr. In the second case, if the victims are ordinary people who were killed by accident, they should be bathed and prayed, and their diyah is the responsibility of the treasury so that their blood is not trampled on. In the third case, if the victims are one of the seditionists, in this case there is a difference of opinion, but they are bathed and prayed. Also, if someone is killed or injured due to the fear of night or day, his diyah is the responsibility of the public treasury, provided that there are no accused persons. In this study, the jurisprudence, narration, and interpretation of rulings of the Sunnis were paid attention to. Of course, in the Sunnis texts, the ruling of the victims in seditions was mentioned, but nothing was said about the victims due to fear.