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The Epistle on Legal Theory

al-Shafii

Publication Year: 2013

The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204 H/820 AD), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur’an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general .
 
The Arabic text has been established on the basis of the two most important critical editions and includes variants in the notes, while the English text is a new translation by a leading scholar of Shafi'i and his thought. The Epistle on Legal Theory represents one of the earliest complete works on Islamic law, one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition.

Published by: NYU Press

Cover

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p. C-C

Half Title, About the Series

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pp. i-ii

Letter from the General Editor, Title Page, Copyright

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pp. iii-viii

Contents

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pp. ix-xi

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Acknowledgments

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pp. xii-xiv

There are many deserving of thanks: Phil Kennedy for his vision; the LAL editors and editorial board for their hard work, assistance, and advice (and friendship); Chip Rossetti for his skill, diligence, and patience; the NYU Abu Dhabi Institute for its generous support; NYU Press for their sense of adventure; the anonymous outside reviewer; my colleague Paul Cobb for advice on technical ...

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Introduction

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pp. xv-xx

Two of my favorite medieval quotations about al-Sh?fi?? assign to him a foun-dational role in the emergence of Islamic legal theory. The great theologian and jurist Ibn ?Aq?l (d. 513/1119) affectionately called al-Sh?fi?? ?the father of this sci-ence, and its mother.?1 Fakhr al-D?n al-R?z? (d. 606/1209), a towering figure of Sunni religious thought, proclaimed that al-Sh?fi???s ?relationship to the science ...

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A Note on the Text

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pp. xxi-xxxvii

Premodern Muslim jurists who wrote on legal theory were aware of the Epis-tle?s importance. Badr al-D?n al-Zarkash? (d. 794/1392), a later medieval author, states unequivocally that al-Sh?fi?? was ?the first one to compose a work on legal theory,? and then gives a list of several works, at the head of which stands the Epistle.14 As a Sh?fi?? jurist, al-Zarkash? was favorably disposed toward al-Sh?fi??, ...

Notes to the Introduction

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pp. xxxviii-2

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EPISTLE ON LEGAL THEORY

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pp. 3-14

...?Praise be to God, Who has created the heavens and the earth and made darkness and light. Yet those who do not believe ascribe equals to their Lord.?1 And praise be to God for Whose acts of grace no one can be thank-ful save through another act of His grace, which, through its bestowal on one giving thanks for past acts of grace, constitutes a new act of grace for which ...

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Chapter on the Modalities of Legislative Statements

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pp. 15-19

Al-Sh?fi?? said: ?Legislative statement? is a term comprising several conver-gent basic meanings which, however, diverge in their details. The lowest common denominator among those convergent and yet divergent mean-ings is that such a statement is directed to whoever is addressed by it among those in whose language the Qur?an was revealed. Those meanings are very ...

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Chapter on the First Kind of Legislative Statement

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pp. 19-22

Thus did He inform them of His decree: ?Does Man think he will be left without guidance??3nine.superior ?Without guidance? means to be neither commanded This all indicates that no one other than God?s Emissary may pronounce on the law except by means of inference, as I have just described, or on what makes someone just such that they may be appointed a witness, or on the le-...

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Chapter on the Second Kind of Legislative Statement

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pp. 23-25

God (blessed and exalted) said: ?When you rise to pray, wash your faces and your hands up to the elbows, and wipe your heads and wash your feet up to the ankles. If you are polluted, purify yourselves?45 and ?Nor when you are The Book of God provided a legislative statement concerning ablu-tions?separately from the topic of cleansing oneself using stones?and also ...

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Chapter on the Third Kind of Legislative Statement

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pp. 25-26

...than that, they share in a third after any bequest he may have made or any debt that is not prejudicial. This is a charge from God. God is Knowing and God made do solely with Revelation in regard to this issue, and dispensed with other reports. Additionally, however, God has imposed a condition in regard to this, namely that distribution of the estate be subject to bequests ...

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Chapter on the Fourth Kind of Legislative Statement

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pp. 27-28

Al-Sh?fi?? said: Every practice established by God?s Emissary concerning something for which there is no relevant scriptural passage?as well as what we have written in this book of ours about God?s having bestowed on His servants the opportunity to study the Book and wisdom?indicates that ?wisdom? is the Practice of God?s Emissary.54 This, together with what we ...

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Chapter on the Fifth Kind of Legislative Statement

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pp. 29-45

God (blessed and exalted) said: ?From wherever you approach, turn your face toward the Sacred Mosque; and wherever you may be, turn your faces toward it.?56 He imposed on them the obligation, wherever they might be, to turn their faces toward it. ?Toward? in the language of the Arabs refers to its direction. If you say, ?I am heading toward something,? it is understood ...

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Chapter Explaining What Is Revealed in the Book as Unrestricted, and Intended as Unrestricted, but Also Partly Restricted

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pp. 45-47

...language?and the Book was revealed in their language and also the Prophet?s Practice?and yet undertakes to express opinions about knowledge of it has done so in regard to something of which he is partly ignorant. If someone who undertakes something of which he is ignorant and of which he has no firm cognizance conforms to what is correct for reasons that he does not un-...

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Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Combines the Unrestricted and the Restricted

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pp. 47-49

...its people for food. They refused to give them hospitality.?86 In this verse is an indication that they did not ask all the people of the town for food, so its import is the same as the two preceding verses. In it and in the ?town whose people are wrongdoers? is a restricted expression, since all the people of the town were not wrongdoers. There may have been Muslims among them, and ...

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Chapter Explaining What Is Revealed in the Book, the Apparent Meaning of Which Is Unrestricted but Which Is Intended in Its Entirety as Restricted

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pp. 49-52

...male or female. All of them are races and tribes. What is restricted in it is God?s word: ?The noblest of you in the sight of God is the most God-fearing of you.? This is because fear of God is only incumbent on those persons who have reached their majority, who can understand it, and who are qualified to realize it. It does not apply to creatures that are beasts and so on, nor to ...

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Chapter on the Category of Statements in Which Context Indicates the Meaning

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pp. 52-55

Chapter on the Category of Statements in Which Context Indicates the MeaningIt is, however, valid in the Arabs? speech that one say ?press on from where This verse is of similar import to the two preceding ones, though they are all, for the Arabs, the same. The first verse is, for those ignorant of the Arabs? language, clearer than the second, and the second is clearer for them than ...

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The Category in Which the Wording Indicates the True Meaning Rather Than the Apparent Meaning

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pp. 55-56

...to transgression He meant only the ?people? of the town whom He tried He also said: ?How many a town that did wrong have We shattered, and raised up after it another people! And when they perceived Our might, you could see them running from it!?nine.superior6 This verse is, in its import, like the preced-ing verse. He mentioned the shattering of the town, and when He mentioned ...

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Chapter on What Is Revealed as Unrestricted and Which Prophetic Practice in Particular Indicated Is Intended as Restricted

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pp. 57-62

God (sublime His praise) said: ?To each of his parents one-sixth of what he leaves, if he has a child; but if he does not have a child and his heir is his father, his mother gets a third; but if he has brothers, his mother gets a sixth.?nine.superior8 He also said: ?To you is half of what your wives leave, if they have no child; but if they have a child, you get a quarter of what they leave, after ...

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Explanation of God’s Imposition in His Book of the Obligation to Follow the Practice of His Prophet

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pp. 63-66

Al-Sh?fi?? said: God put His Emissary in a position relative to His religion, His obligations, and His Book in a way that clarified that He had made him a signpost of His religion. He did this by imposing the obligation to obey him and making disobedience to him unlawful. God also provided a clear statement about his excellence by pairing together faith in His Emissary ...

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The Obligation from God to Obey the Prophet, Paired with Obedience to God and Mentioned Separately

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pp. 67-69

God said: ?When God and His Emissary have decided a matter, it is not for any believing man or woman to have any choice in the affair. Whoever disobeys God and His Emissary has gone astray in manifest error?12zero.superior and ?O you who believe, obey God and obey the Emissary and those of you who have authority. If you quarrel with one another about anything, refer it to ...

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Chapter on God’s Command to Obey God’s Emissary

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pp. 69-72

...after God?s Emissary has a dispute should refer the matter to God?s decree, then to that of His Emissary. If there is no decree in the form of an explicit text that is relevant to their dispute in one or both of these sources, they should refer it to an analogy based on one of them, as I have discussed in re-gard to determining the prayer-direction, determining who is just such that ...

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Chapter on God’s Statement to His Creation Concerning Having Obliged His Emissary to Follow What Was Revealed to Him; The Evidence He Gave Concerning His Emissary’s Following What He Was Commanded to Do, His Emissary’s Being Guided, and

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pp. 73-81

Al-Sh?fi?? said: God (sublime His praise) said: ?O Prophet, fear God and do not obey the unbelievers and the hypocrites. God is Knowing and Wise. And follow what is revealed to you from your Lord. God is informed of what you do.?12nine.superior He also said: ?Follow what has been revealed to you from your Lord?there is no god but Him?and turn away from those who associate ...

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The Beginning of Abrogation

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pp. 81-88

...together with the Book of God, with a discussion of how to use his Practice to draw inferences about abrogation in the Book of God. Next, we will discuss textually explicit obligations in the Book of God for which God?s Emissary has provided parallel practices. Then we will mention general obligations in respect of which God?s Emissary has stated, on God?s behalf, their modali-...

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Abrogation Indicated Partly by the Book and Partly by Prophetic Practice

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pp. 89-92

Al-Sh?fi?? said: One of the things transmitted by a scholar with whom I stud-ied is that God revealed an obligation concerning prayer prior to the imposi-tion of the five prayers. He said: ?You who are wrapped up in a robe, stay up during the night, except for a little?half of it or a little less or a little more?and be distinct when reciting the Qur?an.?151 Then He abrogated this in the ...

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Chapter on the Obligation to Pray That the Book and Then Prophetic Practice Indicate to Be Obviated by Reason of an Excuse; and Concerning Him Whose Prayer Is Not Counted as Disobedience

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pp. 93-105

God (blessed and exalted) said: ?They ask you about menstruation. Say, ?It is a vexation. Withdraw from women during menstruation and do not draw near to them until they are ritually pure. When they are ritually pure, ap-proach them as God has commanded you.? God loves those who repent, and Al-Sh?fi?? said: God obliged those who pray to attain ritual purity through ...

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Abrogation Indicated by Prophetic Practice and Consensus

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pp. 105-112

...and it becomes apparent that she has, then lash her??and did not say ?then lash her, whether she is ?safeguarded? or not??we infer that God?s saying concerning female slaves ?If they commit indecency once they are properly safeguarded, they shall incur half of the punishment for other safeguarded women? means ?if they convert to Islam,? not ?if they are married and the ...

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Chapter on Obligations That God Revealed in the Form of Explicit Texts

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pp. 113-119

God (sublime His praise) said: ?Those who accuse women who are safe-guarded, and then do not bring four witnesses, scourge them eighty lashes, and never accept their testimony after that?they are sinners.?181Al-Sh?fi?? said: ?women who are safeguarded? here means free women who have reached their majority. This indicates that ?safeguarded? is a term ...

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Obligations Established by Explicit Texts and in Regard to Which God’s Emissary Provided a Parallel Practice

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pp. 119-123

...consummation for these purposes is marriage. If someone were to say: ?Cite the report from God?s Emissary for what you have said,? one would reply:Sufy?n reported to us from Ibn Shih?b, from ?Urwah, from ???ishah, that the wife of Rif??ah came to the Prophet and said: ?Rif??ah divorced me and the divorce became final. Then ?Abd al-Ra?m?n ibn al-Zab?r married me, but ...

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Obligations Established by Explicit Texts in Regard to Which Prophetic Practice Indicates That He Intended Something Restrictive

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pp. 123-129

...likely, according to the apparent meaning of the verse, is that they are both This is an example of a legislative statement found in an account of Pro-phetic Practice that is parallel to one in the Qur?an. The examples of state-ments in this and in the previous topic are equivalent. By virtue of being expressed in the Qur?an, the obligation is self-suf_f_icient as far as scholars are ...

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Obligations Expressed in General Terms

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pp. 129-137

...gold, other than in like amounts, and gold for silver in which one party pays immediately and the other delays delivery, and others of a similar nature even though transacting in such items is not risky and there is nothing of which the seller and buyer are improperly unaware. So Prophetic Practice indicated that God (sublime His praise), in the passages from the Qur?an discussed above, ...

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Concerning Alms

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pp. 137-142

...the obligation respecting it except on those occasions when it is not possible to pray toward it, and that is during combat, or while fleeing, and under similar circumstances during which prayer is not possible. In this regard, Prophetic Practice also confirms that one not omit the prayer during its ap-pointed time, and that the prayer be performed in whatever way may be fea-...

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Concerning the Pilgrimage

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pp. 143-145

God imposed the obligation to perform the Pilgrimage on those who are able. The Prophet is quoted as saying that being able includes having provisions and transportation. God?s Emissary also reported about the timing of the Pilgrim-age, how one ritually announces one?s approach,221 the applicable practices, what clothing and scents the pilgrim in a ritual state should avoid, and other ...

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Concerning Waiting Periods

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pp. 145-146

...reprieve. How could he, when God has furnished authorities for situations similar to this for His creatures that prove His imposition of the obligation to obey the Prophet, and clearly stated in what position He put him in regard to the receipt of revelations, His religion, and the people of His religion?God said: ?Those of you who are taken in death and leave wives, the wives ...

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Concerning Women Unlawful to Marry

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pp. 147-149

God said: ?Forbidden to you are your mothers; your daughters; your sis-ters; your paternal aunts; your maternal aunts; brother?s daughters; sister?s daughters; those who have become your mothers by suckling you; your sis-ters by suckling; your wives? mothers; your stepdaughters who are in your care, born to wives with whom you have consummated marriage, but if you ...

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Concerning Unlawful Kinds of Food

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pp. 149-152

...presumptively forbidden, and whoever is in a similar situation by reason of fosterage?is that one marry them in a way that is otherwise lawful.If someone were to ask: ?What indicates that?? one should reply: Women are generally permitted to be taken in marriage, though it is not lawful to marry more than four of them at once. If someone marries a fifth, then that ...

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Concerning That from Which Widows Must Abstain during the Waiting Period

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pp. 153-154

God said: ?Those of you who are taken in death and leave wives, the wives shall wait by themselves for four months and ten days. When they have reached their term, there is no fault for you in what they do concerning themselves in the way that is recognized as proper. God is informed of what you do.?228 God stated that widows must undergo a waiting period and that ...

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Chapter on Problems Affecting Hadith-Reports

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pp. 155-179

Al-Sh?fi?? said: Someone said to me: ?We find some of the hadith-reports from God?s Emissary to have a textually explicit counterpart in the Qur?an and others to have a counterpart in the Qur?an which is like them only in a general way. Some are more expansive than what is in the Qur?an, while in regard to others there is nothing in the Qur?an at all. Still other hadith-re-...

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Another Instance of Abrogation

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pp. 179-182

...be preserved but not the beginning, but each transmitter conveys what he memorized. The later dispensation for keeping, eating, or donating the meat of sacrificial offerings is for only one of two underlying reasons, because of the two different situations. If some poor Bedouin Arabs arrive in Mecca from the desert, then the prohibition against people?s keeping the meat after ...

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Another Instance

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pp. 183-187

God (blessed and exalted) said: ?Those of your women who commit inde-cency?call four of you as witnesses against them. If the four give their tes-timony, confine the women in their houses until death takes them or God appoints a way for them. If two of you commit it, punish them both; and if they repent and make amends, turn from them.?261 The penal sanction ...

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Another Instance

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pp. 187-198

...you.? He then gave the man?s son one hundred lashes and exiled him for one year. Then, he ordered Unays al-Aslam? to go to the wife of the other man and, if she confessed, to stone her. In fact, she did confess, so he had her stoned.M?lik reported to us from N?fi?, from Ibn ?Umar: The Prophet stoned two So the hundred lashes and exile were confirmed for the two virgins who ...

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Another Instance of Legal Disagreement

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pp. 199-204

Al-Sh?fi?? said: Someone said to me: ?There is a legal disagreement over the wording of the prayer-formula.27zero.superior Ibn Mas??d narrated from the Prophet that he used to teach people the prayer-formula, just the way he would teach them suras from the Qur?an. He would say, ?It begins with three words: ?Sal-utations to God.?? Which version of the prayer-formula have you adopted??...

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Inconsistency in Narration in a Way That Differs from What Preceded

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pp. 205-208

M?lik reported to us from N?fi?, from Ab? Sa??d al-Khudr?, that God?s Emis-sary said: ?Do not sell gold for gold except in like amounts, and do not make the amounts unequal; and do not sell silver for silver except in like amounts, and do not make the amounts unequal. Do not make an exchange of any M?lik reported to us from M?s? ibn Ab? Tam?m, from Sa??d ibn Yas?r, ...

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Another Instance Considered Contradictory, but Not by Us

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pp. 209-215

Ibn ?Uyaynah reported to us from Mu?ammad ibn al-?Ajl?n, from ??uni1E63im ibn ?Umar ibn Qat?dah, from Ma?m?d ibn Lab?d, from R?fi? ibn Khad?j, that God?s Emissary said: ?Perform the dawn prayer at daybreak; that brings a Sufy?n reported to us from al-Zuhr?, from ?Urwah, from ???ishah, who said: ?The women among the believers used to pray the dawn prayer with ...

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Another Instance Considered a Case of Legal Disagreement

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pp. 215-219

...that is like the false dawn?s tail275 makes nothing lawful and nothing unlaw-ful. The second dawn, which breaks the dark, makes prayer lawful and food Sufy?n reported to us from al-Zuhr?, from ?A??? ibn Yaz?d al-Layth?, from Ab? Ayy?b al-Anuni1E63?r?, that the Prophet said: ?Do not face the prayer-direction and do not turn your backs to it when defecating or urinating. Rather, face ...

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Another Instance of Legal Disagreement

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pp. 219-223

God?s Emissary accepted it and adhered to it, and if he did not know when to distinguish among related situations, then he did not make any distinction as long as he did not know to do so, except on the basis of some indication from God?s Emissary regarding the differences among such situations. There are many instances similar to this among hadith-reports; we will make do ...

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Concerning the Major Washing for Friday Prayer

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pp. 223-227

...for that must fast for two consecutive months, a penance from God. God is For the mistaken killing of a believer, God mandated the blood-price and the freeing of a slave; and for the killing of someone protected by a covenant, He also mandated the blood-price and the freeing of a slave. This applies be-cause they are both persons whose blood is forbidden to be shed, by reason of ...

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Prohibition for a Reason Indicated by a Reason Given in Another Hadith-Report

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pp. 227-232

Prohibition for a Reason Indicated by a Reason Given in Another Hadith-ReportSufy?n reported to us from Ya?y?, from ?Amrah, from ???ishah, who said: ?Self-employed laborers278 would come to prayer as they were, and it was M?lik reported to us from Ab? l-Zin?d and Mu?ammad ibn Ya?y? ibn ?abb?n, from al-A?raj, from Ab? Hurayrah, that God?s Emissary said: ?Let ...

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Prohibition for a Reason That Is Clearer Than That in the Preceding Discussion

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pp. 233-235

M?lik reported to us from N?fi?, from Ibn ?Umar, that God?s Emissary said: ?Each of the two parties to the sale has the option to rescind against the other party, as long as they have not separated, except in the case of a sale Sufy?n reported to us from al-Zuhr?, from Sa??d ibn al-Musayyab, from Ab? Hurayrah, that the Prophet said: ?No one should make an offer to sell ...

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Prohibition for a Reason Resembling the Preceding Discussion in One Way, and Differing from It in Another

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pp. 235-243

It is narrated from the Prophet that he said: ?Let none of you overbid his counterpart.? If that report is confirmed, though I do not remember it being so, then it is just like the Prophet?s saying ?Let none of you make a marriage proposal that interferes with the marriage proposal of his counterpart.? A second potential buyer should not overbid the first buyer if that first buyer ...

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Another Chapter

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pp. 243-246

Ibn ?Uyaynah reported to us from ?Amr ibn D?n?r, who said: ?I myself and ?A??? ibn Ab? Rab?? saw Ibn ?Umar circumambulate after the dawn prayer Sufy?n, from ?Amm?r al-Duhn?, from Ab? Shu?bah: Al-?asan and al-Muslim and ?Abd al-Maj?d reported to us from Ibn Jurayj, from Ibn Ab? Mulaykah, who said: ?I saw Ibn ?Abb?s circumambulate and pray after the ...

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An Instance That Resembles the Preceding Point

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pp. 247-250

Sa??d ibn S?lim reported to us from Ibn Jurayj, from ?A???, from uni1E62afw?n ibn Mawhab, that someone reported to him from ?Abdall?h ibn Mu?ammad ibn uni1E62ayf?, from ?ak?m ibn ?iz?m, who said: ?God?s Emissary said to me, ?Am I not informed? or ?Has it not reached me? or whatever expression it was that God willed, ?that you sell food???2nine.superior4 ?Indeed, O Emissary of God,? replied ...

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Description of God’s and His Emissary’s Prohibitions

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pp. 251-259

...?Give me,? he requested, ?a complete summary of God?s prohibition (He is mighty and sublime), and then of the Prophet?s prohibition, in general terms, and leave nothing out.? I said to him: God?s prohibition encompasses two senses. One is that the thing that He prohibits is unlawful in general, but might be lawful in some limited respect that God indicates in His Book or ...

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Chapter on Knowledge

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pp. 259-268

...both are presumptively permitted and lawful. One man?s property is presump-tively unlawful for anyone else except to the extent that it is made permis-sible. Sexual access to women is unlawful except to the extent that it becomes permitted by reason of marriage or concubinage. If a prohibited marriage or sale is contracted for something that is unlawful, it does not become lawful ...

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Chapter on the Uncorroborated Report

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pp. 269-287

Someone said to me: ?Define for me the least authoritative kind of text that binds scholars, who must then acknowledge that such a report?that lies within the competence of specialists?has become confirmed for them.? I said: It is the uncorroborated report of an individual from an individual that reaches all the way back to the Prophet, or back to someone just short of him....

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Authority Confirming the Uncorroborated Report

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pp. 287-334

...them. Rather, he permitted that such hadith-reports be accepted from those who transmitted them when there was uncertainty about their veracity or their dishonesty. In addition, he did not permit one to accept anything from someone whose dishonesty is known, because it is narrated from him that he said: ?Whoever transmits a hadith-report that he views as false is a liar.? ...

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Chapter on Consensus

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pp. 335-339

...notwithstanding what I have stated about Ibn Shih?b, then no one else is safe ?Can you find a confirmed practice from God?s Emissary? he asked, ?that reaches all the way back, but in regard to which everyone holds a contrary view?? No, I replied, but I might find people disagreeing about such a prac-tice. Some would adopt it, and some would hold an opinion contrary to it. ...

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Chapter on the Confirmation of Analogical Reasoning and Legal Interpretation; When Analogizing Is Necessary and When Not; Who May Perform Analogies

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pp. 339-349

...?What,? he asked, ?is the meaning of the Prophet?s command to bind one-self to their community?? It can have only one meaning, I replied. ?How could it bear but one?? If their community is dispersed in different countries, I answered, then no one is able to bind himself to the community formed by the bodies of people who are dispersed. Indeed, the bodies of Muslims, ...

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Chapter on Legal Interpretation

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pp. 349-361

...what is in the wombs. No soul knows what it will earn tomorrow, and no soul knows in what land it will die. But God is Knowing and Informed.?368Thus, people are obligated to do and say what they are commanded to do, to comply with that command, and not to overstep it. This is because they never give themselves anything, but rather it is a gift from God. So we ask ...

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Chapter on Subjective Reasoning

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pp. 361-405

...discover the signs that indicated these things, using the intellects that He had placed in them, in order to seek the direction that faced that very object itself toward which He obliged them to turn. If they sought it out by means of inter-pretation, using their intellects and their knowledge of those signs, after seek-ing assistance from God and desiring that He aid them, then they carried out ...

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Chapter on Legal Disagreement

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pp. 405-422

If he asks, ?Can you give me a different example of that?? I would say: A woman is informed that her husband has died. She fulfills the waiting pe-riod and then remarries. The new husband consummates the marriage, and then the first husband reappears alive: she becomes entitled to the dowry, is subject to the waiting period, any children born to them are the father?s, and ...

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Chapter on Inheritance Shares

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pp. 423-426

They also disagreed concerning inheritance shares. Zayd ibn Th?bit and those who followed his view held that every Qur?anic heir is awarded his or her specified share, and if something is left over and the deceased has no male agnates and no contractual heirs,444 then whatever is left over reverts to the Muslim community. It is narrated by others that any residual amount re-...

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Chapter on the Disagreement over the Grandfather

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pp. 427-431

They disagreed over the inheritance share of the grandfather. Zayd ibn Th?bit held?and this has been narrated from ?Umar, ?Uthm?n, ?Al?, and Ibn Mas??d?that brothers of the deceased should inherit along with him.448 Ab? Bakr al-uni1E62idd?q and Ibn ?Abb?s held?and this has also been narrated from ???ishah, Ibn al-Zubayr, and ?Abdall?h ibn ?Utbah?that they put the grandfa-...

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Opinions of the Companions

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pp. 431-433

...view that the grandfather receives a share equal to or greater than that of the brother. I do not think one should contradict them or resort to analogizing when it leads to a position outside the total range of their opinions.I concluded that confirming the right of both the brothers and the grand-father to inherit together is the best of the two views on the basis of the indi-...

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The Status of Consensus and Analogy

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pp. 433-436

Companion, I said, if I cannot find a prooftext from scripture, a Prophetic practice, an instance of consensus, anything of similar import to the Com-panion?s opinion that would justify using his opinion as the basis for a rul-ing,453 or an illustration of how it could be used for analogical reasoning. Only rarely does one find that the opinion of one Companion remains unop-...

Notes

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pp. 437-460

Glossary of Names and Terms

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pp. 461-478

Bibliography

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pp. 479-484

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Further Reading

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pp. 485-486

The suggested readings listed below, which are meant to supplement those works found in the bibliography, include works on early Islamic intellectual history, Islamic law generally, early Islamic law, Islamic legal theory, and a few translations of works on Islamic legal theory into European languages.Bohas, George, et al. The Arabic Linguistic Tradition. Washington, DC: Georgetown ...

Index of Qur'an Passages

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pp. 487-488

Index

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pp. 489-201

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About the NYU Abu Dhabi Institute

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p. 502-502

The Library of Arabic Literature is supported by a grant from The NYU Abu Dhabi Institute, a major hub of intellectual and creative activity and advanced research. The Institute hosts academic conferences, workshops, lectures, film series, performances, and other public programs directed both to audiences within the UAE and to the worldwide academic and research community. It is a ...

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About the Typefaces

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p. 503-503

The Arabic body text is set in DecoType Naskh, designed by Thomas Milo and Mirjam Somers, based on an analysis of five centuries of Ottoman manuscript practice. The exceptionally legible result is the first and only typeface in a style that fully implements the principles of script grammar (qaw??id al-kha??).The Arabic footnote text is set in DecoType Emiri, drawn by Mirjam Somers, ...

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About the Editor-Translator

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p. 504-504

Joseph E. Lowry is Associate Professor of Arabic and Islamic studies in the Department of Near Eastern Languages and Civilizations at the University of Pennsylvania. His publications include Early Islamic Legal Theory (Brill, 2007) on the Ris?lah of the jurist al- Sh?fi??, as well as co-edited volumes and articles on early Islamic legal thought, and premodern, early modern, and modern Arabic ...


E-ISBN-13: 9780814729311
Print-ISBN-13: 9780814769980
Print-ISBN-10: 0814769985

Page Count: 544
Publication Year: 2013

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