Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
142. THE GROWTH OF LEGAL TRADITIONS
tion, is directed against that practice, appears first in Abū Ḥanīfa (Tr. I, 157 (b)), and a third version in Muw. Shaib. 382.
Tradition originating between "Ibrāhīm Nakha'ī" and Mālik
Athar A.Y. 98: Ibrāhīm says: "There is nothing with regard to prayer on which the Companions of the Prophet agreed so fully as saying the morning prayer in full daylight." This seems to be an authentic statement of Ibrāhīm. Later than this and in favour of saying it in early dawn are traditions from 'Ali and Ibn Mas'ūd (ibid.) and from the Prophet (first in Muw. i. 19).
Tradition originating between "'Āṭā'" and Shāfi'ī
Tr. I, 181: Abū Yūsuf refers to and follows the opinion of 'Āṭā' which he heard personally from Ḥajjāj b. Artāt. It is likely that this opinion goes back not even to 'Āṭā' himself but only to Ḥajjāj.1 But in Shāfi'ī's time it was expressed in a tradition from the Prophet.
Traditions originating between Ibn Abī Lailā and Abū Ḥanīfa
Tr. I, 176: Ibn Abī Laila does not consider it necessary to fast two consecutive months for having broken the fast of Ramadan by intercourse (see Sarakhsī, iii. 72 on a still milder opinion of Rabī'a); he obviously did not yet know the tradition from the Prophet to this effect, based on an analogy with Koran lviii. 4. Abū Ḥanīfa considers that the two months must be consecutive, and is the first to refer to the tradition from the Prophet, mursal and with the suspected transmitter 'Āṭā' Khurāsānī in the isnād. The tradition acquires an uninterrupted isnād only in the time of Mālik (Muw. ii. 99; Muw. Shaib. 177).
§ 193: Ibn Abī Lailā does not yet know a tradition from the Prophet which appears in Abū Ḥanīfa (or Abū Yūsuf), Shāfi'ī, and the classical collections.
Tradition originating between Auzā'ī and Mālik
See above, p. 70. It is stated there that Abū Yūsuf does not yet know a tradition from the Prophet, although Mālik, his contemporary, does. Whereas this calls for caution in the use of the argument e silentio, it also shows that the tradition was not yet widely known in the time of Mālik.
Tradition originating between Auzā'ī and Ibn Sa'd
See below, p. 180, n. 1.
1 See below, p. 250.
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