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Origins of Muḥammadan jurisprudence

Origins of Muhammadan Jurisprudence

جوزيف شاخت - 1389 AH

Publisher

Oxford At The Clarendon Press

Publication Year

1950 AH

Genres
Principles of Islamic Jurisprudence
history of legislation
•
Regions
Germany

174 THE EVIDENCE OF ISNĀDS

The whole Barīra tradition is artificial, and later than the legal maxim 'the Muslims must abide by their stipulations' (al-Muslimūn 'alā shurūṭihim), because it makes the Prophet refer to that maxim polemically in his final speech. The maxim itself is put into the mouth of Qāsim b. Muhammad, who belongs to the generation preceding Hishām (Muw. iii. 220; Tr. III, 41). Shāfi'ī knows it also as a tradition from the Prophet, but doubts its authenticity (Ikh. 32); it is likely that it had been put into the form of a tradition from the Prophet only recently.1

The Iraqians, on the other hand, prohibit the sale of the mukātab (Zurqānī, iii. 256, 265), and dispense with the Barira tradition; Shaibānī (Muw. Shaib. 344) quotes only the third, shortened version which does not contradict his doctrine explicitly. The introduction of Ibrāhīm Nakha'ī into two isnāds of the Barīra tradition (Ṭaḥāwī, ii. 220) is a late counter-move.

Some significant common transmitters are:

  • 'Abdallāh b. Dīnār: see above, p. 173; below, p. 199.

  • A'mash: see below, p. 209, n. 8.

  • 'Amr b. Dīnār: see above, p. 155, n. 2.

  • 'Amr b. Yaḥyā Māzinī: see below, p. 184.

  • Darāwardī: see above, p. 168; he gave spurious information on old Medinese authorities (see below, p. 195); he was an adversary of Mālik (Tr. III, 148, p. 248), but followed some of Mālik's opinions (see above, p. 7).

  • Ḥajjāj b. Arṭāt: see Tr. IX, 36 and Comm. ed. Cairo.

  • Ḥasan b. 'Umāra: see above, p. 158.

  • Ibn Abī Dhi'b: see above, p. 54 f.; below, p. 181.

  • Ibn Juraij: see above, p. 146, n. 1.

  • Ibn 'Uyaina: he appears in the isnād of a tradition from the Prophet praising the 'scholar of Medina', who was usually identified with Mālik; but also with 'Abdal'azīz b. 'Abdallāh 'Umarī: Ibn Ḥanbal ii. 299 and Tirmidhī, Abwāb al-'ilm, Bāb mā jā' fī 'ālim al-Madīna. As Shāfi'ī, who is Ibn 'Uyaina's contemporary and often relates traditions from him, does not, as far as I know, refer to this tradition in his polemics, Ibn 'Uyaina himself seems hardly to be responsible for it.

  • Ibrāhīm b. Sa'd: see below, p. 182.

  • Mu'tamir b. Sulaimān: see above, p. 56.

  • Sa'd b. Isḥāq b. Ka'b b. 'Ujra: see below, p. 198, n. 2.

  • Sha'bī: his name was used for the isnāds of several groups of traditions; see above, p. 131; below, p. 203 n. 4, 231, 241.

1 It had gained full status in the time of Ṭaḥāwī (ii. 246) and Ibn 'Abdalbarr (quoted in Zurqānī, iii. 219). 2 See below, p. 250.

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