Origins of Muḥammadan jurisprudence
Origins of Muhammadan Jurisprudence
Publisher
Oxford At The Clarendon Press
Publication Year
1950 AH
168 THE EVIDENCE OF ISNĀDS
(Muw., loc. cit.),¹ ʿAbdalmalik and Muʿāwiya (Muw. Shaib. 361). At the next stage they ascribed their own doctrine fictitiously to the old Iraqian authorities Shuraiḥ and Shaʿbī,² to the Kufian ʿAbdallāh b. ʿUtba b. Masʿūd, and to the judge of Basra Zurāra b. ʿAufā (Umm, vi. 274 f.). Several of these references to old authorities describe the Medinese doctrine as sunna, thereby claiming that it represents the 'living tradition'.
The first tradition from the Prophet in favour of the Medinese doctrine, and the only one known to Mālik, is mursal (Muw. iii. 181). As Mālik undertakes to justify this doctrine by an elaborate argument, he would certainly have mentioned other traditions from the Prophet, had he known them. In Mecca, the tradition was provided with an uninterrupted isnād of Meccan authorities (Ikh. 345): this was the only additional version which Shāfiʿī knew when he wrote Tr. III, 15. When he wrote Ikh. 346, he knew a further version with a Medinese isnād, relating it from the Prophet on the authority of two Companions. In Umm, vi. 273 ff. he quotes the following additional versions.
Ibrāhīm b. Muḥammad—ʿAmr b. Abī ʿAmr, the freedman of Muṭṭalib³—Ibn Musayyib—Prophet. This is mursal, and introduces the old Medinese authority Ibn Musayyib into the isnād.
Darāwardī—Rabīʿa—Saʿīd b. ʿAmr b. Shuraḥbīl b. Saʿīd b. Saʿd b. ʿUbāda—his father—his grandfather said he found it stated in the papers of Saʿd b. ʿUbāda that the Prophet gave the decision in question.
Darāwardī—Rabīʿa—Suhail b. Abī Ṣāliḥ—his father—Abū Huraira—Prophet. Darāwardī mentions that when he asked Suhail about this tradition, Suhail did not remember it but had had it repeated back to him by Rabīʿa and consequently related it 'from Rabīʿa from myself'. We must conclude that Darāwardī, who was a contemporary of Mālik, or a person using his name, put this story with the two isnāds into circulation; it acquired an additional transmitter in the following slightly differing version:
ʿAbdalʿazīz b. Muṭṭalib—Saʿīd b. ʿAmr—his father said he found it stated in the papers of Saʿd b. ʿUbāda that the Prophet instructed ʿAmr b. Ḥazm to judge accordingly.
Shāfiʿī has also mixed and derived forms; the isnāds of some of these are influenced by the isnād of the general tradition on evidence.⁴
The old Medinese authority Rabīʿa, who appears in the isnāds of Darāwardī's story, was also directly implicated and was reported to
1 This is polemically turned against the Iraqians.
2 Sha'bī is even made to refer to the Medincse.
3 See on him below, p. 172. 4 See below, p. 187.
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