350 ADDENDA

P. 70: The legal maxim 'the spoils belong to the killer' appears in the form of a tradition from the Prophet, with two imperfect isnāds, in the work of Ibn Isḥāq, as quoted by Ibn Hishām (p. 848), but both Abū Ḥanīfa and Abū Yūsuf disregarded it, and Abū Yūsuf disdainfully upbraided Auzāʿī for accepting it as evidence of a 'valid sunna going back to the Prophet'. It appears with a full isnād for the first time in Mālik.

P. 74: The term 'sunna of the Prophet' occurs also in the statement which 'Abdallāh b. Ibāḍ sent to the Umayyad Caliph 'Abdalmalik, at his command, about the year 76, and which has been preserved in the Kitāb al-Jawāhir of Barrādī (lithogr. Cairo 1302, 156-67). The term is used always in conjunction with a reference to the Koran, and it does not refer to authoritative acts of the Prophet, and hence definitely not to traditions. The sunna, the norm to be followed, comes directly from Allah, and the 'sunna of the Prophet' consists in following the Koran. Cf. J. Schacht, 'Sur l'expression "Sunna du Prophète"', in Mélanges Henri Massé, Teheran 1963, 361-5.

P. 143: Another tradition originating between Abū Ḥanīfa and the classical collections is the saying: 'Prayer behind every man, be he of good or bad behaviour, is valid.' This originally controversial principle of orthodox Islam, which goes back to the Umayyad period, is pronounced by Abū Ḥanīfa as his own statement, in answer to a question, in the Fiqh al-Absaṭ (al-'Alim wal-Muta'allim, followed by two other treatises, ed. Muḥammad Zāhid al-Kautharī, Cairo 1368, 52); it appears as a tradition from the Prophet for the first time in Abū Dāwūd (ṣalāt 63; Wensinck, Creed, 221). A similar statement with regard to the holy war occurs in Bukhārī (jihād 44) not as a tradition but only as part of Bukhārī's comments. The putting into circulation of traditions concerned in the first place with defining the community of Muslims and with other points of dogma (traditions which were, on the whole, earlier than those concerned directly with religious law), continued well into the second century A.H.; cf. J. Schacht, in Oriens, xvii (1964), 116; see also A. Guillaume, in J.R.A.S., Centenary Supplement, 1924, 234; F. Nau, in J.A. ccxi (1927), 313 and n. 2.

P. 176: On the fictitious character of the isnād Mālik—Nāfi'—Ibn 'Umar, see J. Schacht, in Acta Orientalia, xxi (1953), 292 f.

P. 177, n. 2: Darāwardī used not only his own notes but cahiers of the collected traditions of others (kutub al-nās), and he made mistakes in reading from these (Ibn Ḥajar al-'Asqalānī, Tahdhīb, vi. 677).

P. 194: Opposition against the extension of the effects of foster-relationship by the doctrine of the laban al-faḥl was voiced not only in Medina but in Iraq, where it was attributed to Ibrāhīm Nakha'ī.