Muhammad ibn al-Hasan ash-Shaybani
His
kunya
was Abu ‘Abdullah. He was a client. He was born in 132 and died in 189 AH. He was only
about eighteen years old when Abu Hanifa died and had not been with him for a long time, but nonetheless he
compiled a more complete study of the
fiqh
of Iraq than Abu Yusuf. He took from ath-Thawri and al-Awza‘i,
and travelled to Malik and learned the
fiqh
of
hadith
, transmissions and the opinions of Malik, after having
learned
fiqh
of opinion from the Iraqis. He stayed with Malik for three years. He was appointed a
qadi
under
ar-Rashid but was never Chief
Qadi
. He had great skill in letters and so he had both linguistic training and
analytic perception. He was concerned with his appearance so that ash-Shafi‘i said about him, “Muhammad
ibn al-Hasan fills both the eye and the heart.” He also mentioned his great eloquence.
Muhammad ibn al-Hasan achieved what no other companion of Abu Hanifa did, except Abu Yusuf – he
learned the
fiqh
of Iraq completely and then was appointed
qadi
. He studied with Abu Yusuf and then, as we
have mentioned, he also learned the
fiqh
of the Hijaz from Malik and the
fiqh
of Syria from the shaykh of
Syria, al-Awza‘i. He also had skill in calculating the distribution of inheritance. He was inclined to record
things and he is truly considered to be the transmitter of the
fiqh
of the Iraqis to posterity. As we mentioned,
not only did he transmit the
fiqh
of Iraq, but he also transmitted the
Muwatta’
of Malik.
Ash-Shaybani’s position among the Iraqis came from him being a leading
mujtahid
who had valuable legal
opinions. He did not relate
fiqh
directly from Abu Hanifa but by way of Abu Yusuf and others. He mentions
his transmission from Abu Yusuf. Indeed, the entirety of
al-Jami‘ as-Saghir
is transmitted from Abu Yusuf.
The one book which he did not review with Abu Yusuf was
al-Jami‘ al-Kabir
.
The books of ash-Shaybani form the primary source for Abu Hanifa’s
fiqh,
whether it be what he transmits
from Abu Yusuf or what he records of the
fiqh
known in Iraq. Not all of ash-Shaybani’s books possess the
same degree of reliability. Scholars divide them in two. Some are clear in transmission, like
al-Mabsut,
az-
Ziyadat
,
al-Jami‘ as-Saghir
, as
-Siyar as-Saghir
,
as-Siyar al-Kabir
and
al-Jami‘ al-Kabir
. The ascription of
others is not as certain. The first group are the bedrock of the transmission of Hanafi
fiqh
.
Al-Mabsut
or
al-Asl,
as it is sometimes known, is the longest of his books in which he collected questions
on matters which Abu Hanifa gave
fatwa
. It contains the differences between Abu Yusuf and ash-Shaybani,
when there were any, and matters on which there was no disagreement. Each chapter begins with the
traditions they considered sound regarding the topic concerned and then various questions and their answers.
It reports Iraqi
fiqh
, but not the legal reasoning behind it.
Al-Jami‘ as-Saghir
contains things which ash-Shaybani related from Abu Yusuf, as is mentioned at the
beginning of every chapter. Some sources state that it is the only thing which he transmitted directly from Abu
Yusuf. It is arranged according to legal topics.
In the case of
al-Jami‘ al-Kabir
, scholars agree that it did not come from Abu Yusuf, although he knew
what it contained and many of the conclusions must have been transmitted from him. It, like
as-Saghir
, lacks
legal deduction and there is no evidence for the conclusions reached, although a reader may discern it by
reading between the lines.
He has other books as well that clarify various rulings which reflect Iraqi
fiqh
and frequently illustrate the
difference between Iraqi
fiqh
and Madinan
fiqh
. His books also include transmission of
hadiths
and later
traditions which were transmitted by Abu Hanifa and the people of Iraq and which were used as sources by
later Hanafi scholars.
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