IN THE LITERARY PERIOD 143

Traditions originating between Abū Ḥanīfa and Abū Yūsuf

Tr. IX, 42: Abū Yūsuf adduces a tradition with an imperfect isnād, not through Abū Ḥanīfa who obviously did not yet know it, but through an anonymous sheikh. Several similar cases occur in Āthār A.Y.

See also below, p. 158.

Traditions originating between Abū Ḥanīfa and Shaibānī

Tr. II, 18 (y): Abū Ḥanīfa, for a rule of penal law, can refer only to a tradition from Sha'bī. Shaibānī gives a tradition from the Prophet, not through Abū Ḥanīfa but through another transmitter. The underlying doctrine was not yet acknowledged by Ibn Abi Lailā (see Tr. I, 112). Similar cases occur in Āthār Shaib.

Tradition originating between Abū Ḥanīfa and the Classical Collections

Tr. I, 169: Abū Ḥanīfa can refer only to Ibrāhīm Nakha'ī (also in Kharāj, Āthār A.Y., and Āthār Shaib.); traditions from the Prophet to the same effect appear in the classical works and, with a fictitious isnād in which Abū Ḥanīfa himself appears, in a late version of the Musnad Abī Ḥanīfa (see Comm. ed. Cairo, p. 125, n. 1).

Tradition originating between Mālik and Shaibānī

Mālik (Muw. iii. 129) knows a tradition only from Ibn 'Abbās in a short version which he interprets restrictively, in keeping with his own doctrine. But Shaibānī (Muw. Shaib. 331, without isnād) and Shāfi'ī (Tr. III, 95, with full isnād) know a fuller version which implicates the Prophet and is followed by Ibn 'Abbās's own extensive interpretation.

Traditions originating between Mālik and Shāfi'ī

Tr. II, 2 (g): Neither the Iraqians who refer to the consensus of the scholars as against a tradition from Ibn Mas'ūd nor the Medinese (Muw. i. 100; Mud. i. 31) know traditions from the Prophet on the problem in question. Only Shāfi'ī gives a tradition from the Prophet.

§ 19 (ee): The recommendation to invest the property of orphans, so that the zakāt tax may not consume it, is known to Mālik (Muw. ii. 49) only as a saying of 'Umar, but to Shāfi'ī already as a saying of the Prophet, with full isnād.

Tr. IX, 10: Auzā'ī had referred to an 'historical' tradition from the Prophet, without isnād, but Abū Yūsuf had rejected it as not acceptable to specialists and referred to a tradition from Ibn 'Abbās in favour of his own, different doctrine, shared by Mālik and