tradition

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tradition

same as TRADITIO.

TRADITION, contracts, civil law. The act by which a thing is delivered by one or more persons to one or more others.
     2. In sales it is the delivery of possession by the proprietor with an intention to transfer the property to the receiver. Two things are therefore requisite in order to transmit property in this way: 1. The intention or consent of the former owner to transfer it; and, 2. The actual delivery in pursuance of that intention.
     3. Tradition is either real or symbolical. The first is where the ipsa corpora of movables are put into the hands of the receiver. Symbolical tradition is used where the thing is incapable of real delivery, as, in immovable subjects, such as lands and houses; or such as consist in jure (things incorporeal) as things of fishing and the like. The property of certain movables, though they are capable of real delivery, may be transferred by symbol. Thus, if the subject be under look and key, the delivery of the key is considered as a legal tradition of all that is contained in the repository. Cujas, Observations, liv. 11, ch. 10; Inst. lib. 2, t. 1, Sec. 40; Dig. lib. 41, t. 1, 1. 9; Ersk. Princ. Laws of Scotl. bk. 2, t. 1, s. 10, 11; Civil Code Lo. art. 2452, et seq.
     4. In the common law the term used in the place of tradition is delivery. (q.v.)

References in periodicals archive ?
It is not so for traditionists, not just because of different beliefs but because of an acknowledgement that those beliefs, and the people holding them, are themselves constituted by the tradition, cannot simply stand outside or above tradition, forcing it into the pattern of present-day beliefs.
9) Prominent traditionists incorporated therein include the notorious Ka'b al-Ahbar, who is often fingered as a primary conduit of nefarious isra-iliyyat or "Jewish stuff" into nascent Islam, (10) as well as Mujahid, Ibn Abbas, Ibn Umar, 'Ali, Rabi', and al-Suddi.
60) Some of his students were particularly important as, for instance, the renowned traditionist and Sufi of the sixth/twelfth century cAbd al-klaqq al-Azdi al-Ishbili, known as Ibn al-Kharrat (d.
On the one hand, traditionist radicals came to deny any presumptive legitimacy to the whole apparatus of pre-modern Islam--madhhab subtlety and scholasticism, Sufi spirituality, not to mention popular religious practices such as tomb-veneration.
According to 'Abd al-Razzaq, the Meccan traditionist Ibn Jurayj (d.
Ali) and adhering to a ritual law virtually indistinguishable from the traditionist circles that would become Sunni (i.
4) Undoubtedly the most celebrated among these is his lengthy mystical manual, the 'Awarif al-ma'drif, a Sufi handbook whose influence on the early Sufi tariqa-lineages and their institutions is well evinced not only in the preeminent position that the text held within emergent Suhrawardiyya and Chishtiyya communities in North India beginning in the mid-seventh/ thirteenth century, (5) but also in its incorporation into early Kubrawi Persian Sufi manuals composed in Transoxiana (6) and its widespread transmission in Syrian, North African, and even Andalusian Sufi communities by individuals such as the well-traveled Egyptian Shafi'I jurist, traditionist, and Sufi Ibn al-Qastallani (d.
Noting some confusion about names, the editor suggests that the 'Umar ibn 'Ubayda of the first of these is to be identified with 'Umar ibn 'Ubayd al-Tanafisi, an otherwise obscure traditionist of the late second century.
As has been pointed out by Professor Walid Khalidi in his 1996 address at the Jerusalem Conference of the American Committee on Jerusalem, "The Prophet's isra to and miraj from Jerusalem became the source of inspiration of a vast body of devotional Muslim literature, as successive generations of Traditionists, Koranic commentators, theologians, and mystics added their glosses and embellishments.
On many occasions the textual-contextualists havedifferences with the historical contextualists as they have differences with traditionists.
19), without any comment, which states that "It must have been a very elaborate card-index of traditions and traditionists that al-Sakhawi kept, with such excellent cross-references that he was obviously able at very short notice to compile a new treatise on the subject.
How could the Muslim traditionists have introduced this type of reading to the Qur'an, a scripture that, as earlier noted, never mentions a single word about the Christian idea of the Second Advent?