Do not break the seal of scholars; Leave the legacy of authority to history

In the history of nations, traditions have always been a reflection of the beliefs, needs, concerns and social relations of the past. Some of these traditions are rooted in stable religious and moral teachings, and others are the result of special circumstances that change with the change of time, the philosophy of their origin and the necessity of their continuation.

The art of a wise society is not to repeat everything inherited from the past. Rather, it is to distinguish between truth and habit, between value and custom, and between the wisdom of a behavior and its historical form.

One of the traditions that seems to need such a wise rethinking today more than in the past is the custom of breaking the seal of religious authorities and great religious scholars after their death. A ceremony that is sometimes performed in the presence of a group of relatives, students and confidants, and when the seal is broken, the end of its use is announced.

Undoubtedly, this behavior was not unphilosophical in the past and it cannot be judged without knowing the historical context. But the basic question is whether the philosophy that once justified the breaking of the seal still stands in the same way? And more importantly, isn't there a more appropriate, reliable and compatible way with the necessity of preserving historical heritage in order to achieve the same goal?

According to the author, the answer to this question is not only positive, but the necessity of revising this tradition has become a cultural and historical responsibility today.

From religious authority to social and judicial authority

In order to understand the philosophy of breaking the seal, we must go back to the times when religious scholars, in addition to spiritual guidance and responding to Sharia issues, also played an extensive and sometimes decisive role in people's social life.

In many cities of Iran and Iraq and other Islamic lands, before the development of the new judicial and administrative system, people used to refer to their trusted scholars to resolve disputes, handle lawsuits, prepare reconciliation agreements, verify transactions, certify documents and arbitrate disputes.

In such an atmosphere, the seal of a religious scholar was not merely a means of confirming letters; Rather, it was considered a sign of credibility, trust and sometimes a support to prove the rights of individuals.

Perhaps a document that was stamped with a prominent international seal would have a credibility in the eyes of the people that many ordinary writings lacked.

As a result, Mehr Alam was connected with his scientific character, justice, trustworthiness and social status.

Therefore, after the death of the owner of the seal, there was a concern that if the seal was placed in the hands of untrustworthy persons, it would create grounds for falsifying documents, issuing fake rulings, attributing false information and violating people's rights.

Based on this, breaking the seal can be considered as a precautionary measure, the purpose of which was to prevent possible abuse of the seal owner's credit.

Of course, determining the time of the origin of this custom, its prevalence and the difference in implementation methods among scholarly families, requires an independent research in historical sources and seminary documents.

However, what is important in evaluating this tradition is to pay attention to the difference between its rational purpose and the method chosen to realize it.

Shouldn't the methods also change with the change of times?

Today, we are facing a society whose administrative, legal and judicial structures are fundamentally different from the past.

Registration of documents, authentication, verification of correspondence, issuance of certificates and processing of claims are mainly done within the framework of legal institutions and mechanisms.

Although Taqlid authorities continue to use the official seal in issuing Shariah permits, responding to inquiries, confirming some correspondences and matters related to Shariah aspects, but its function cannot be equated with the position of scholars' seal in judicial and social relations of the past centuries.

In addition, in our time, there are various tools to register and record the authenticity of documents, prevent forgery and announce the end of validity of seals.

In such a situation, why should one surrender to the destruction of the original historical relic to prevent possible abuse?

Is it not possible to officially invalidate the seal by complying with the legal and security requirements and at the same time keep it as a protected historical relic?

The insistence on breaking the seal, when there are surer ways to prevent abuse, seems to be a continuation of a historical habit rather than an unavoidable necessity.

Of course, official revocation alone does not eliminate the possibility of forgery and must be accompanied by registration of seal specifications, physical protection and monitoring of access to it.

The difference between the end of validity and the destruction of a work

A fundamental point must be emphasized here: the end of the validity of a seal does not mean the end of its historical value. These two concepts should not be confused with each other.

The seal of an imitation authority is a means of verifying and authenticating documents during his lifetime; But after his death, it can become a historical document and a part of cultural and scientific heritage.

Just as the handwriting of a scholar does not lose its historical value after his death, his seal should not be destroyed just because of the end of his official function.

Each seal can carry information about its owner's name and titles, engraving art, calligraphy style, administrative traditions and scientific and social relations of a historical period.

Sometimes a small seal, next to the remaining letters and documents, can help researchers in identifying the authenticity of writings, identifying correspondences and reconstructing a part of the history of reference.

From this point of view, breaking the seal is not only destroying a tool; Rather, it may mean damaging a part of the material evidence of history.

This question should be asked seriously:

If the seal of one of the great authorities of a hundred or two hundred years ago is available to us today, safe and intact, do we not consider it a valuable work and worthy of being kept in a museum?

If the answer is yes, why shouldn't we attach the same value to the seal of the references of our time?

Isn't it because today's historical monuments were once common objects in the lives of people of the past?

What today is a finished tool in our eyes, maybe tomorrow in the eyes of researchers and historians, it will be a valuable testimony of the scientific and social life of an era.

From a jurisprudential point of view; Is breaking the seal a religious necessity?

In examining this issue, it is also important to pay attention to a jurisprudential point. A difference must be made between fixed Shari'a rulings and rational measures that are adopted to prevent corruption or protect the rights of individuals.

As far as the author knows, physical breaking of the seal after the death of the authority of imitation, as a mandatory and independent ruling, is not among the well-known and fixed rulings of Sharia; However, a definitive judgment about the jurisprudential background of this custom requires a careful examination of the sources and views of the jurists.

If the philosophy of this action is to prevent falsification, enrichment and violation of people's rights, the main issue is to secure this goal.