The Epistle on Legal Theory

Authority Confirming the Uncorroborated Report

٢٨٧ 287 Authority Confirming the Uncorroborated Report 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.” Whoever transmits from a liar cannot escape being considered a liar himself, since he is aware that the liar is dishonest in regard to his hadith-reports. In most cases one infers the veracity or falsity of a hadith-report by means of the veracity or dishonesty of the person who reports it, except in the case of a very few, particular hadith-reports. In such cases, one infers veracity or dishonesty with regard to it when the transmitter transmits something the like of which is inconceivable, or something that is contradicted by what is better confirmed and possesses greater indications of veracity than it. Because God’s Emissary distinguished between hadith-reports from himself and those from the Jews and said, “Transmit from me, but do not tell lies from me,” one knows with certainty, God willing, that the kind of dishonesty that he prohibited is the subtle kind. It is the kind found in hadith-reports from those whose veracity is unknown. This is because, since dishonesty is prohibited in all circumstances, then there can be no greater dishonesty than that pertaining to God’s Emissary (may God bless him). Authority Confirming the Uncorroborated Report Al-Shāfiʿī said: If someone were to say, “Cite an authority that confirms the uncorroborated report, whether such authority is in the form of a textually explicit report, some indication in such a report, or consensus,” I would reply to him: Sufyān ibn ʿUyaynah reported to us from ʿAbd al-Malik ibn ʿUmayr, from ʿAbd al-Raḥmān ibn ʿAbdallāh ibn Masʿūd, from his father, that the Prophet said: “God will make radiant any servant who hears my words, remembers 479 480 481 ٢٨٨ 288 $%&v wDE   Q v w
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Ÿ¿ Å   DE .٤٨٩                            ١ .    (     ) ٢ .(   ) :  ٣ ٢٩١ 291 Authority Confirming the Uncorroborated Report “kisses while he fasts.” So the woman returned to her husband and reported that to him, but it only made him feel worse and he exclaimed: “We are not at all like God’s Emissary; God makes lawful for His Emissary whatever He wills!” So the woman returned to Umm Salamah and found God’s Emissary with her. “What does that woman want?” he asked. Umm Salamah told him. “Didn’t you tell her,” he asked, “that I do that?” “I told her, she went back to her husband and told him, and it only made him feel worse, and he said, ‘We are not at all like God’s Emissary; God makes lawful for His Emissary whatever He wills!’” God’s Emissary grew angry and then said, “By God! I am undoubtedly the most God-fearing of you and the most knowledgeable about His limits.” I have heard someone who was able to extend the transmission of that hadith-report all the way back to the Prophet, but I cannot recall who did so. Al-Shāfiʿī said: The mention of the Prophet’s saying to Umm Salamah “Didn’t you...