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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

IN THE LITERARY PERIOD 145

the Syrians who accepted the practice current under the Umaiyads. Abū Yūsuf has the counter-tradition (on the authority of Ibn Isḥāq) that Abū Bakr instructed one of his commanders to lay waste every village where he did not hear the call to prayer. In the time of the classical collections, this had produced a tradition from the Prophet, to the effect that the Prophet, on his raids, stopped at dawn, in order to ascertain whether the morning call to prayer was said in the place he intended to attack (see the details in Comm. ed. Cairo).1 The original instruction of Abū Bakr was interpreted away, (a) by making Abū Bakr say that Syria would certainly be conquered [so that there was no point in laying it waste] (Siyar, i. 35)—this can be dated between Abū Yūsuf and Shaibānī2—and (b) by mursal traditions regarding the instructions which the Prophet gave to the leader of an expedition sent against Syria (Ibn Wahb in Mud. iii. 8). Several early Medinese authorities were incorporated in the isnāds of these last traditions.

§ 38: Abū Yūsuf could reject a tradition as irregular (shādhdh), but Shaibānī knew more of the same kind and therefore followed them (Siyar, iv. 87).

Tradition originating between Shaibānī and Shāfi'ī

Shāfi'ī and his predecessors discuss the question whether the major ritual ablution (ghusl) is necessary before the Friday prayer or not. The traditions on this point are difficult to reconcile. A harmonizing tradition from the Prophet to the effect that the minor ablution (wuḍū') is sufficient but the major ablution better, is known neither to Mālik (Muw. i. 184) nor to Shaibānī (Muw. Shaib. 72). It occurs first in Shāfi'ī (Ikh. 181). Āthār A.Y. 357 knows this solution simply as the opinion of Ibrahim Nakha'i, that is, the doctrine of the Iraqian school, and Shaibānī (loc. cit.) gives his opinion to the same effect.

Tradition originating between Shaibānī and the Classical Collections

Tr. VIII, 1: The fixing of the rate of exchange of gold and silver for purposes of weregeld is ascribed to 'Umar both by the Iraqians and the Medinese; Shāfi'ī too, although he knows a tradition from the Prophet in favour of the Medinese rate, bases himself on the decision of 'Umar. The Iraqian rate (1 dinār = 10 dirham) underlies traditions from the Prophet in the classical collections (see the details in Guidi-Santillana, ii. 680). It was imperative for Shaibānī

1 The original instruction of Abū Bakr was also projected back to the Prophet: Sarakhsī in Siyar, i. 35 f.
2 Also Shāfi'ī refers to it in Tr. IX, 29 and in Umm, iv. 173 ff.

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