اعراض از نظریه مشهور در ارث نبردن زن از زمین با تأملی در ادلۀ قرآنی و روایی ارث

Introduction
Currently, it is widely recognized among jurists that a man inherits all of a woman’s estate, regardless of whether it is tangible or priceless, movable or immovable. However, a woman inherits movable property, regardless of its value, and she does not inherit the tangible or priceless value of land. By analyzing the verses and narrations concerning women’s inheritance from land, as well as the opinions of ancient jurists, it is possible to introduce significant issues into this theory. This can result in the erosion of the foundation of this renowned theory, and a theory that is based on the verses, narrations, and sayings of the early jurists is selected to address the deficiencies of the renowned theory of the later generations. The initial step is to examine the Holy Quran’s stance on the issue of women’s inheritance from land in order to develop a correct theory on the subject by adhering to the verses of inheritance. Afterward, the conflicting narrations in this context should be investigated and scrutinized to ascertain whether the sole method of gathering the narrations is to subscribe to the renowned theory or if an alternative theory should be selected. In the third step, it is imperative to compare the perspectives of the early jurists with those of the later jurists in order to demonstrate that the early jurists did not subscribe to the same theory as the later jurists, but rather were in direct opposition to it. The final step involves the explanation of Selected theory in relation to religious evidence and the statements of jurists.
One of the most renowned rulings among later jurists who have accepted it based on certain narrations is the prohibition of inheriting a woman from land. Some issues may be introduced into this theory by paying attention to the Quranic evidence and solid narrations regarding this issue. With a critical examination of Quranic and narrational evidence, this research aims to demonstrate that this theory is not tenable. The fundamental inquiry is: how reliable are the evidences against inheriting a woman from land, and do the evidences for inheriting a woman from land have more robust support?

Research Background
The subject of women’s inheritance has been the subject of numerous articles, which can be categorized into two general and specific categories. In the general category, all issues related to women’s inheritance, including inheritance share and women’s inheritance (Naghibi, 2008, pp. 63-75), have been examined from various matters such as land (Mousavi Bojnourdi, 2006, pp. 3-30; Rabbani, 2013, pp. 187-198); but in the specific category, women’s inheritance from land has received the attention of researchers; in such a way that some have sought to criticize the famous opinion of jurists, considering the opinions of some commentators (Hassanzadeh Khayat, 2013, pp. 141-166); others have come from a legal perspective and following criticism of articles 946 and 947 of the Civil Code before its deletion (Vatani, 2003, pp. 187-214); Some researchers also seek to defend the reform of the aforementioned laws in terms of the impact of events and the conformity of the rulings with time and place (Rezaei Rad, 2010, pp. 55-76).
Methodology
This research is fundamental and analyzes information based on library sources.
Findings
1. The verses on inheritance encompass the inheritance of a woman from land as a result of their generality. The infallible Imams maintain that the Quranic evidence takes precedence over the narrational evidence, even if there is no narration to verify the text of the verses on inheritance. 2. The narrations concerning the woman’s failure to inherit from the land also pertain to the actual land, which does not contradict the evidence that the woman did inherit from the price of the land. 3. The correct theory is that a woman inherits from the price of the land, not the land itself, in light of the Quranic and narrational evidence of the woman inheriting from the land and the sum of the evidence.
Conclusion
The judgment of the later jurists regarding the woman’s inability to inherit from the land is incorrect, as evidenced by the examination of the verses and narrations related to inheritance.
1. This ruling is in direct opposition to the general verses of inheritance, which define the woman’s share of the inheritance as one-fourth in the absence of children and one-eighth in the presence of children. Given the fundamental text of the Holy Quran, its written identity, and the generality and detail of the generality of the verses of inheritance, it is impossible to assign these verses through narrations.
2. Narrative evidence, both general and specific, also suggests that the woman should inherit the land.
3. The narrations concerning the woman’s inability to inherit from the land can be categorized into three groups. The Quranic and narrational evidence of the woman’s inability to inherit from the land may only be contradicted by the third category. Consequently, the narrations that prohibit inheritance should be disregarded, given the plurality and strength of the inheritance evidence.
4. The group of narrations that prohibit women from inheriting land do not conflict with the evidence for women’s inheritance from land, as they can also refer to the quality of division rather than the prohibition of women’s shares of inheritance from land, given the philosophy that has been put forward and in light of the general Quranic and narrational evidence, as well as the specific narrations of women's inheritance from land, it is reasonable to assume that, despite the fact that a woman does not inherit from the land itself, she does inherit from its price. Despite the fact that the law prohibiting women from inheriting land is rooted in the well-known theory of jurists, it was evident from a narrative jurisprudential study that this theory lacks a solid foundation. The matter of changing the law and lifting the prohibition of women from inheriting land is a matter with a strong jurisprudential basis, which was thoroughly examined in this study.