In Islamic law, the Ehsan Rule is introduced as one
of the civil responsibility removers. It means that if a person does an
action intending favor to others and with a good intention, and if his
action incidentally causes loss and harm to the other, the doer is not
the guarantor and he should not compensate the damage. Some documents
have been mentioned for this rule. The most important of them is this
holy verse of the Quran: "و ما علي المحسنين من سبيل", ( There is no
hardship for benefactors). Certainly, they rely on some narrations, too.
Also, wisdom certifies that it is indecorous to rebuke the benefactor.
There's an Ejma'a (Consensus) between the
jurists about removing the civil responsibility documenting the Ehsan
Rule. For recognizing the action as an evidence for beneficence and
including the Ehsan Rule, not only the doer should have a righteousness
intention, but also his work should be recognized as a righteousness
affair. As Ehsan (Beneficence) has a wide range of meanings, it implies
on reasons and rules of civil responsibility and destroys or restricts
their amplitude.
Ehsan can remove the civil responsibility
advantaging the benefactor, as well as evidencing the civil
responsibility for him. It means that the benefactor can claim the
compensation as the result of his beneficent action, using and relying
on the Ehsan Rule. We apply it from the Quran verse- which is the source
of Ehsan- as well as the related narrations abut this matter. Wisdom
also, judges that it is not permissible to force any hardship on a
benefactor because of his good and beneficent action.
The rules which are substituting the Ehsan Rule for
proving the civil responsibility, such as Hesbeh Rule, Velaayat e Odool
e Mo menin Rule, and … cannot meet our need not to document the Ehsan
Rule. The maximum usages of these rules are licensing to take possession
of others' properties, and also changing unjust authority to just
authority. But these rules are unable to prove the civil responsibility
for the benefactor.