faqih
whose
fatwas
decided the correctness or error of judgements. If he refused that
office, it meant that his prior criticism was merely destructive since he now had the opportunity to be
constructive and had refused. Since he was the foremost
faqih
in the view of the people of Iraq, the khalif was
correct in wanting to make him the Chief
Qadi
. If he refused, he could be forced to accept the post. So when
he refused, al-Mansur punished him by flogging and imprisonment or simply imprisonment, according to
which version of the story is correct. We will see what the sources state.
We read in
The Virtues
by al-Makki:
When Abu Hanifa was taken to Baghdad, he came out with a shining face and said, “This man has
summoned me to be
qadi
and I told him that I am not fit. I know that the claimant must provide
evidence while the oath absolves the one who denies the charge. The only one fit to be
qadi
is the one
whose personality is such that he can command authority over you, your children, and your leaders. I
am not like that. You summon me and I experience no relief until I part from you.” He said, “You do
not accept my gift.” I said, “I have returned whatever money the Amir al-Mu’minin sent. If that is the
gift, I accept it. The Amir al-Mu’minin has connected me to the treasury of the Muslims. I have no
right to their money. I am not one of those who fights for them so that I should take what the fighter
takes. I am not one of their children so as to take what their children take. I am not one of their poor
so as to take what the poor take.” He said, “You will be
qadi
in what they need from you.”
Al-Bazzari said in
The Virtues
,
Al-Mansur imprisoned Abu Hanifa to force him to become Chief
Qadi
and he received 110 lashes.
He was released from prison on the basis that he would stay at home and he was asked to give
fatwa
regarding the judgements presented to him. Al-Mansur used to send questions to him but he did not
give
fatwa
. He ordered him to be re-imprisoned. Abu Hanifa was imprisoned again and was harsh and
severe to him.
We read in the
History of Baghdad
,
Al-Mansur sent for Abu Hanifa, wanting to appoint him
qadi
, but he refused. Al-Mansur swore that
he would do it and Abu Hanifa swore that he would not. Al-Mansur swore again that he would do it
and Abu Hanifa swore that he would not. Ar-Rabi,‘ the chamberlain, said, “Do you not see that the
Amir al-Mu’minin has sworn?” Abu Hanifa said, “The Amir al-Mu’minin can expiate his oaths better
than I can.” He refused the appointment therefore al-Mansur ordered his imprisonment.
Ar-Rabi‘ ibn Yunus said:
I saw the Amir al-Mu’minun clash with Abu Hanifa over the qadiship. Abu Hanifa said, “Fear
Allah and do not give your trust except to the one who fears Allah. By Allah, I am safe from
favouritism but how can I be safe from anger? If you threaten to drown me in the Euphrates unless I
accept the appointment, I would prefer to be drowned. You have courtiers who need those who
honour them for your sake. I am not fit for that.” Al-Mansur said to him, “You lie, you are fit.” Abu
Hanifa retorted, “I have declared myself unfit so how can it be lawful for you to appoint someone
who is a liar as
qadi
?”
There are a number of points to be noted in these stories. Firstly, when Abu Hanifa refused the qadiship, he
refused it not only because al-Mansur appointed him, but because he saw it as a perilous post and thought that
perhaps he would not be strong enough to do it, that his conscience would not be strong enough to bear its
burdens and his will not strong enough to contain his feelings. He saw the post of
qadi
as a trial which made
all other trials insignificant. His refusal does not necessarily have a political cause.
Secondly, al-Mansur was suspicious about the cause behind Abu Hanifa’s refusal and did not believe that
it was based purely the avoidance of bearing the responsibility of judgements. That is why he specifically
asked for the reason he had refused the stipend, even if there was no connection between refusing to be
qadi
and refusing the stipend, as this question would indicate. Al-Mansur believed that his grounds for suspicion
were confirmed. Moreover, the retinue around al-Mansur provoked him when he was undisturbed and directed
his attention to Abu Hanifa.
The third point is that Abu Hanifa was not diplomatic in his replies. He did not use honeyed words and did
not use devices to extricate himself. He was forthright with the truth and unconcerned about the consequences.
He endured them. So he refused to be
qadi
and refused to give
fatwa
and clearly stated that he refused the
stipend because it was from the Muslim treasury and that it was not lawful for him. Then the khalif took an
oath and so did he without concern. Rather he thought of the ultimate end and of his reward with Allah.
Eventually the ordeal befell Abu Hanifa. The transmitters agree that he was imprisoned and that he did not
sit to give
fatwa
or teach after that, since he died during or after this ordeal. Sources differ as to whether he
died in prison after the flogging, which most say, or died in prison by being poisoned according to those who
say that al-Mansur was not content to flog him, but poisoned the shaykh to hasten his end, or was released
before he died and then died at home while refusing to teach and meet people. These three versions are
mentioned in his biographies and elsewhere.
It is related that he stayed in prison after the flogging until he died, and Da’ud ibn Rashid al-Wasiti said, “I
was present when the Imam was tortured to force him to accept the appointment as
qadi
. He was taken out
each day and given ten lashes until he had received 110 lashes. He was told, ‘Accept the qadiship!’ and he
would reply, ‘I am not fit.’ The beatings continued and he said silently, ‘O Allah, put their evil far from me by
Your power.’ When he continued to refuse, they poisoned him and so killed him.”
Al-Bazzari says that after he was imprisoned for a time, al-Mansur spoke to some of his close advisors and
brought him out of prison. He refused to give
fatwa
, hold audience with people or leave his house and
remained so until his death.
We incline to this final version because it tallies with the course of events and what we know of al-Mansur
which is that al-Mansur did not want to appear to be an oppressor of knowledge and scholars. When events
forced him to punish Abu Hanifa, he produced a justification which had an adequate logical basis: to force
him to act as
qadi
. He did not punish him out of simple malice. When this failed to produce a result, he did not
insist on it so as to disclose his true motive. The general populace had also to be taken into account so he did
not continue with the punishment. Sources agree that he ordered that he should be buried beside Abu Hanifa’s
grave. It is reported that al-Mansur prayed over his grave after his death and al-Mansur would not have done
that if he had died in his prison.
Abu Hanifa died the death of the true men and martyrs in 150 or 153 AH. The first date is sounder. When
he died, he left instructions that he should not be buried in any land which the ruler had misappropriated.
When he heard this, al-Mansur said, “Who will save me from Abu Hanifa, both when he was alive and now
when he is dead?”
He died in Baghdad and was buried there. Reports agree about that. But did his teaching circle also move
there? No historian mentions that Abu Hanifa moved his centre of teaching to Baghdad. All reports indicate
that he remained teaching in Kufa until he stopped teaching and giving
fatwa
. After his ordeal, he did not
resume teaching before his death. This does not mean that he did not have any teaching circle outside of Kufa.
It is related that when he went on
hajj
, he gave
fatwa
, debated and studied, and at times he had a teaching
circle in the
Masjid al-Haram
. We cannot deny that during the period in which he went to the Haram on
account of the injustice of the Umayyad governor that he had a teaching circle in which he set forth his
opinions and
fiqh
, even if the sources do not mention it, one way or the other.
He also had debates with the
fuqaha’
like those he had with al-Awza‘i and there is a record of his studying
some of the opinions of
fiqh
with Imam Malik and there were also many debates in Basra. Nonetheless, his
principal school was in Kufa which is why he is known as ‘the
Faqih
of Kufa’.
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