Qunyat al-munya as source for Khwarezmian Hanafite milieu
Автор: Нажмиддинов Зафар Хошимжонович
Рубрика: 3. История отдельных стран
Опубликовано в
IV международная научная конференция «Вопросы исторической науки» (Москва, ноябрь 2016)
Дата публикации: 07.11.2016
Статья просмотрена: 56 раз
Библиографическое описание:
Нажмиддинов, З. Х. Qunyat al-munya as source for Khwarezmian Hanafite milieu / З. Х. Нажмиддинов. — Текст : непосредственный // Вопросы исторической науки : материалы IV Междунар. науч. конф. (г. Москва, ноябрь 2016 г.). — Москва : Буки-Веди, 2016. — С. 18-23. — URL: https://moluch.ru/conf/hist/archive/241/11315/ (дата обращения: 16.12.2024).
Abu-r-Rajā az-Zāhidī al-Ghazmīnī (d. 658/1260) is one of the most prominent Hanafite jurists of the early Mongol period[1]. He has produced several works in Islamic jurisprudence, including Qunyat al-munya, al-Ḥāwī and al-Mujtabā[2]. Despite widespread existence of copies of these works, none of them have been thoroughly studied from the aspects of Islamic legal studies.
Qunyat al-munya li tatmīm al-ghunya (“The Acquisition of the Desired for the Completion of Sufficiency”) holds a significant place in Eastern Hanafite literature. Almost all Hanafite legal works contain quotations from Zāhidī, while for some of them QM is the most cited source[3]. The book also served one of the primary sources for ʻAbd al-Qādir al-Qurashī in compiling his al-Jawāhir al-mudīya.
The main difficulty the researcher faces with while reading QM is to decipher acronyms used by Zāhidī in the book. Using initials in order to mark his source is not a rare phenomenon in Eastern Hanafite literature. This method has been used by different authors including aṣ-Ṣadr ash-shahīd (al-Fatāwā al-kubrā), Ibn Qāḍī Simāwna (1359–1420, Jāmiʻ al-fuṣulain), Badr ar-Rashīd (d. 768/1366–7, Kitāb alfāẓ al-kufr), al-Ghiyāthī (al-Fatāwā al-ghiyāthīya), Asʻad b. Yusuf aṣ-Ṣairafī (d. 1088/1677, al-Fatāwā aṣ-Ṣairafīya), and in al-Fatāwā an-naqshbandīya. It’s not out of place to mention that each author chose his personal method of abbreviation. For example, in Qunya Arabic letter ṣād meant al-Aṣl of ash-Shaibānī, while for Ibn Qāḍī Simāwna it means al-Fatāwā aṣ-ṣughrā.
Though the introductory part has a list of explanations, each manuscript copy of Qunya differs. Fortunately, there are other sources which make our task easier. In Khwarazm, just a couple of decades earlier another fiqh book, Yatīmat ad-dahr fī fatāwā ahl al-ʻaṣr (“The Unicum of the Age Concerning the Legal Decisions of the People of the Period”), has been written by Zahidi’s contemporary at-Tarjumānī (d. 645/1247). The al-Azhar copy of Yatīma (2119 khāṣṣ, 26958 ʻāmm) contains the copyist’s addenda, where he listed all prominent Khwarezmian jurisprudents of his time with all available personal data.
The second essential source for deciphering Qunya’s acronyms is Zāhidī’s al-Mujtabā and al-Ḥāwī where he uses the same acronyms as in Qunya. In this article I propose my list of explanations, and will try to demonstrate that Zāhidī’s work could serve as an encyclopedia of pre-Mongol Hanafite literature[4].
Qunya’s sources can be devided into two groups: I) Jurists and II) Books. Below is the list of Hanafite jurists whose personality could be identified:
I.1. Baqqāli (Arabic letters bā-qāf). His full name is Abu-l-Faḍl Muḥammad b. Abi-l-Qāsim b. Babujak al-Khwārazmī (490–562/1097–1167). His nisba is based upon his occupation of grocer. He also was known as Zain al-mashāyikh[5].
Baqqāli’s works have been extensively used in Qunya. They are as follows:
Ṣalāt or Adhkār aṣ-ṣalāh (ṣā-bā-qāf) [KZ 1: 51].
Jamʻ at-tafārīq fi-l-furūʻ (jīm-tā-bā) [KZ 1: 595]. Quotations from this book can be found in a number of Hanafite works including Radd al-mukhtār, Fatḥ al-qadīr, al-Fatāwā al-hindīya, Fatāwā Qaḍīkhān, al-Bināya Sharḥ al-Wiqāya and Mirqāt al-mafātīḥ.
Al-Asnā fi Sharḥ al-asmā’ al-ḥusnā (shīn-bā-qāf) [KZ 1: 91].
I.2. Khamīr al-Wabarī (khā-wāw) [JM 2: 183]. His full name was Muḥammad b. Abī Bakr al-Wabarī (d. Tuesday 29 Rabīʻ I 539 / 29.9.1144), and he was also known as Zain al-a’imma. He studied under several masters including ʻAlī b. Aḥmad al-Karābīsī in Khwarazm. Khamīr al-Wabarī was master and father-in-law of Muḥammad at-Tarjumānī, author of Yatīmat ad-dahr [YD f. 256r].
I.3. Wabarī (ba-waw). Apart from Khamīr, there lived at least three jurisprudents with this nisba in Khwarazm [JM 4: 339–40]. Presumably all of them were engaged in the commerce of fluff (wabar). However, YD’s copyist mentions only the fourth Abū ʻAbdullāh Muḥammad b. Ibrāhīm al-Wabarī, who died on Monday, 25. Rajab 483 / 23.9.1090. He studied under Baqqālī in Khwarazm, and under al-Ḥalwani and ʻAbd ar-Rahīm al-Karmīnī in Bukhara.
I.4. Abu Bakr Muḥammad b. al-Faḍl al-Bukhārī (d. 381/991; bā-fā) [JM 3: 300–2]. This scholar was master of almost all Hanafite scholars of the 10th century in Bukhara. Although Kamārī didn not leave Nachlass, he is one of the most frequently cited scholars in Hanafite legal books.
I.5. Ismāʻīl b. al-Ḥusain b. ʻAlī al-Bukhārī al-mutakallim (d. Shaʻbān 402 / March 1012; sīn-mīm) [JM 1: 399–400, 437]. He was among the group of four Bukharan theologians who held the view that the faith was uncreated (al-īmān ghair makhlūq)[6].
I.6. Burhān ad-din ʻAbd al-ʻAzīz b. ʻUmar b. Māza al-Bukhārī, Burhān Ṣadr (bā-ṣād). He is presumably author of Ṣalāt Burhān al-a’imma (ṣād-bā).
I.7. Ḥusām ad-dīn ʻUmar b. ʻAbd al-ʻAzīz al-Bukhārā, aṣ-Ṣadr ash-shahīd (483–536 / 1090–1141; ṣād-hā-bā). Author of Wāqiʻāt aṣ-Ṣadr ash-shahīd (wāw-dāl) and al-Jāmiʻ aṣ-ṣaghīr (jīm-ṣād).
At the same time, Zāhidī used ṣād-ḥā for the author as well as wāw-ḥā for Waqiʻat.
I.8. Tāj ad-dīn Aḥmad aṣ-ṣadr as-saʻīd b. ʻAbd al-ʻAzīz b. ʻUmar b. Māza al-Bukhārī (d. 436/1144; tā-jīm). Father of Maḥmūd, author of al-Muḥīt al-burhānī.
I.9. Burhān ad-dīn Maḥmūd b. Aḥmad al-Bukhārī (d. 616/1219; bā-mīm). Author of one of the most voluminous fatwa collections in Hanafite law entitled al-Muḥīt al-burhānī (ṭā). Fatāwā Burhān (fā-bā), adh-Dhakhīra al-burhānīya (dhāl) and Wāqiʻāt Burhān (wāw-bā) also presumably belonge to him.
I.10. Abū Jaʻfar al-Hinduwānī (jīm-hā) [JM 3: 192–3]. He was famous as Abū Ḥanīfa The Younger (Abū Ḥanīfa aṣ-ṣaghīr) for his deep understanding of Hanafite law. Al-Hinduwānī died in Dhu-l-hijja 392/ September-October 1002 in Bukhara.
I.11. Abu-l-Ḥusain Aḥmad al-Qudūrī (d. 428/1037; qāf) [JM 1: 223, 247–50]. He was author of two commentaries (shīn-qāf): Sharḥ Mukhtaṣar al-Karkhī and Sharḥ Adab al-qāḍī of Khaṣṣāf. We do not know which one is referred to in Qunya.
I.12. Abū Jaʻfar Aḥmad b. Muḥammad aṭ-Ṭaḥāwī (d. 321/933; ṭā-ḥā) [JM 1: 271–7]. He compiled several commentaries including Sharḥ al-Jāmiʻ al-kabīr and Sharḥ al-Jāmiʻ aṣ-ṣaghīr of ash-Shaibānī, and Sharḥ Maʻāni al-āthār. Sharḥ Ṭaḥāwī (shīn-ṭā) might mean any of these commentaries.
I.13. Abū Bakr Muḥammad b. al-Ḥusain b. Muḥammad al-Bukhārī, better known as Bakr Khwāharzāda (d. 483/1090; bā-khā) [JM 3: 141–2]. He composed a commentary on al-Ḥiyal of al-Khaṣṣāf (shīn-bā) and Fatāwā (fā-tā-khā) [KZ 2: 1223].
I.14. Abu-l-Laith as-Samarqandī (d. Jumādā II 373 / November 983; thā) [JM 3: 544–5]. Abu-l-Laith is author of an-Nawāzil (nūn), ʻUyūn al-masā’il (ʻain) and Fatawa Abi-l-Laith (fā-thā).
This initial might have also been used to mark al-Ghiyāthī, an unknown author about whom we have no information.
I. 15. Badr Ṭāhir (bā-rā) [JM 2: 280; 4: 441]. He was an authoritative figure for issuing fatwas in Khwarazm and Bukhara. Badr Ṭāhir might be identical to Ṭāhir b. Aḥmad b. ʻAbd ar-Rashīd al-Bukhari (d. 542/1147), author of Khulāṣat al-fatāwā.
I.16. Fakhr ad-dīn Badīʻ b. Abī Manṣūr al-Qūzabnī al-ʻIrāqī, Qāḍī Badīʻ (qāf-bā) [JM 4: 363] was one of Zāhidī’s teachers. He is author of Munyat al-fuqahā’, a lost Hanafite fiqh work, fragments of which can be found in Qunya [KZ 2: 1886] and other legal works.
Al-Baḥr al-muḥīt (bā-ṭā) is an alternative title for Munyat al-fuqahā’.
I.17. Khujandī (khā-jīm). Since we have several jurists with this nisba, it’s more appropriate to choose al-Ḥasan b. Sulaimān al-Khujandī (d. 1. Rabīʻ II 523 / 24.3.1129) [YD folio 255r-v]. He studied under Majd al-a’imma as-Surkhakatī, al-Qāḍī al-imām Ṣadr al-Bazdawī and his brother Abu-l-ʻUsr al-Bazdawī in Bukhara.
I.18. Majd al-a’imma as-Surkhakatī (d. Dhu-l-ḥijja 518 / February 1125, mīm-jīm) [JM 3: 191–2; KZ 2: 1113][7]. He was part of a group of scholars that opposed Ibn Mazas’ influence in Bukhara.
I.19. Isbījābī (sīn-bā-jīm) [JM 2: 591–2]. Since there are at least three prominent Hanafite jurists with this nisba, the more famous is Shaikh al-islām ʻAlī b. Muḥammad b. Ismāʻīl al-Isbījābī (born Monday, 7. Jumādā I 454/19.5.1062, died Monday, 23. Dhu-l-qaʻda 535/30.7.1141).
I.20. Shams al-a’imma Abū Muḥammad ʻAbd al-ʻAzīz b. Aḥmad al-Ḥalwā’ī (=Ḥalwānī, d. 448/1050; ḥā-lām or shīn-ḥā) [JM 2: 429–30]. He was a prominent Bukharan jurisprudent. Halwa’i composed his own Mabsūṭ which comes to us in a unique copy in Ayasofya 1381.
I.21. Qāḍī ʻAlā’ ad-dīn al-Marwazī (qaf-ʻain-mim). He might be identical to the person who studied fiqh under the prominent Bukharan Hanafite jurist Abū Zaid ad-Dabūsī (d. 430/1038–9) [JM 4: 416–7].
I.22. Qadi Abu-l-Yusr Muḥammad b. Muḥammad al-Bazdawī (d. Rajab 493 / June 1100; qāf-ḍād-sīn) [JM 4: 98–9]. He served as a judge general (qāḍi-l-quḍāt) in Samarqand.
I.23. Fakhr al-islam Qāḍī Ṣadr ʻAlī al-Bazdawī (d. 482/1089; qāf-ṣād) [JM 1: 309–10; 4: 424–5]. Sharḥ al-Jāmiʻ al-kabīr (shīn-bā-zā) belongs to him. Hajji Khalifa mentiones his Amālī (mīm-lām) [KZ 1: 165].
I.24. Qāḍī Ẓahīr ad-dīn al-Bukhārī (d. 619/1222; qāf-ẓā) [JM 3: 19]. Author of Sharḥ Ẓahīrī (shīn-ẓā) and al-Fatāwā aẓ-ẓahīrīya [KZ 2: 1226, 1298].
I.25. Qāḍīkhān (qāf-khā) [JM 2: 93–4]. His full name is Shams al-a’imma Fakhr ad-dīn Ḥasan b. Maḥmūd al-Uzjandī (d. 593/1197).
I.26. Shams al-a’imma al-Makkī (shīn-mīm) [JM 4: 400]. He might be identical to Aḥmad b. Muḥammad al-Makkī (d. 24. Muḥarram 502 / 3.9.1108) who taught in the central mosque of Khwarazm after Bilālī [YD f. 255r].
I.27. Ḍiyā’ al-a’imma Aḥmad b. Muḥammad b. ʻImrān al-Kāthī al-Ḥijjī (ḍād-jīm) [JM 1: 300; 4: 178, 292, 377, 411]. He was born in Shawwāl 496 / July 1103[8]. Fatāwā al-Ḥijja might have been written by this author [KZ 2: 1222].
I.28. Ẓahīr ad-din Abu-l-ʻAbbās Aḥmad b. Ismāʻīl at-Timurtāshī (d. about 600/1203; ẓā-tā), mufti of Khwarazm. He is author of Sharḥ al-Jāmiʻ aṣ-ṣaghīr (shīn-ẓā-tā) [KZ 1: 562].
There is another ʻAbd ar-Raḥīm at-Timurtāshī (d. Monday 2. Rajab 530 / 6.4.1136) who is mentioned in YD as well.
I.29. Rukn ad-din al-Wānijānī (kāf-nūn) [JM 4: 338, 388][9]. He studied under Najm al-a’imma al-Ḥakīmī and Qāḍīkhān as well as taught Zāhidī in fiqh. He was active in the late 6th / 12th century. His fatwas can be found in al-Fatāwā al-Bazzāzīya and Majmaʻ aḍ-ḍamānāt.
I.30. Yusuf b. Muḥammad b. Aḥmad b. Mūsā al-Bilālī (d. Saturday, 25. Shaʻbān 494 / 25.6.1101; yā-bā) [YD f. 255r]. He studied under al-Wabarī in Khwarazm and Sarakhsī in Bukhara. He also served as judge in Khwarazm as well as taught in the central mosque (al-masjid al-jāmiʻ).
I.31. Abu Ḥāmid Faḍl b. Muḥammad b. ʻAlī al-Fiqhī (d. Wednesday, 9. Muḥarram 535 / 25.8.1140) [YD f. 256r]. He studied fiqh under ʻAbd ar-Rahīm al-ʻAttābi al-Marwazī. Zāhidī uses ḥā-mīm to mark him.
I.32. Saif Sā’ilī (sīn-yā). A unique copy of the commentary to al-Qunya by a certain Mawlana Saif al-haqq wa-d-dīn (lived in the 13th century) is kept at al-Beruni Center for Oriental manuscripts in Tashkent (5942/II)[10]. The work is bound with Qunya in one volume.
I.33. Abū Ḥafṣ al-kabīr (d. 217/832; ḥā-kāf) [JM 1: 166–7]. He studied under Muḥammad ash-Shaibanī and had countless disciples in Bukhara. It is thought that his books have not survived to our days.
I.34. Shams al-a’imma ʻUmar b. Muḥammad al-ʻAqīlī (JM 2: 667–8, shīn-ʻain). Died in Jumada I 576 / October 1180.
I.35. Kamal al-a’imma Ismāʻīl b. Muḥammad al-Bayāʻī (kaf-ba) [JM 4: 159].
I.36. ʻAin al-a’imma Abu-l-Fatḥ ʻUmar b. ʻAlī al-Karābīsī an-Nasafī (JM 2: 419; 3: 516; 4: 296, 337, 340. 418, 579, ʻain-kaf). He was father-in-law of al-Khayyāṭī.
I.37. Majd al-a’imma at-Tarjumānī (mīm-tā). He is son of ʻAlā’ ad-din at-Tarjumānī, author of Yatīmat ad-dahr.
I.38. Ẓahīr ad-dīn al-Ḥasan ʻAlī b. ʻAbd al-ʻAzīz al-Marghinānī (ẓā-mīm) [JM 2: 74].
I.39. Burhān ad-dīn ʻAlī b. Abī Bakr al-Marghinānī as-Samarqandī (d. 593/1197; bā-sīn) [JM 2: 627–9].
I.40. Nur al-a’imma al-Manṣūr al-Qaisī (nūn-mīm) [JM 4: 319, 440]. His nisba was also known as al-Manṣūrānī. He might be the same person who mentioned in YD [f. 255v].
I.41. Najm al-a’imma al-Bukhārī (nūn-jīm-rā) [JM 4: 440]. He was contemporary of aṣ-Ṣadr al-māḍī Burhān ad-dīn ʻAbd al-ʻAzīz b. ʻUmar b. Māza [JM 2: 437] and ʻAlā’ ad-dīn al-Ḥamāmī.
I.42. Najm al-a’imma al-Ḥakīmī (6th/12th century; nūn-jīm) [JM 4: 441]. He studied under Qāḍīkhān.
I.43. Burhān Kāthī (bā-kāf) [JM 4: 292]. Kāth was a town in Khwarazm[11].
I.44. ʻAlā’ ad-dīn al-Ḥamāmī (ʻain-ḥā) [JM № 2093].
I.45. Shihāb al-a’imma al-Imāmī (shīn-hā) [JM 4: 402–3]. Died in 536/1141–2. He is author of Fatāwā al-Imāmī [KZ 2: 1224].
I.46. Qāḍī ʻAbd al-Jabbār (qāf-ʻain). Hajji Khalifa mentions his Amālī [KZ 1: 165]. He died in 415/1024.
I.47. Qāḍī Jalāl ad-dīn (jīm-lām) [JM 4: 423]. He could well be Jalāl ad-din Maḥmūd al-Usrūshanī (d. after Ṣafar 616 / May 1219), author of Tajnīs al-Multaqaṭ [KZ 2: 1813].
I.48. Yūsuf b. Muḥammad at-Tarjumānī aṣ-ṣaghīr (yā-tā) [YD folio 256v]. He died on Tuesday, 29. Rajab 539 / 25.1.1145.
I.49. Zāhidī mentions a certain Burhān at-Tarjumānī with ba-ta. He might be ʻAlā’ ad-dīn Muḥammad b. Maḥmūd at-Tarjumānī al-Makkī al-Khwārazmī (ʻain-ta-jim, d. 645/1247).
At-Tarjumānī is author of Yatīmat ad-dahr fi-fatāwā ahl al-ʻaṣr (ya-fa).
He is apart from Burhān Ṣāliḥ Tarjumānī (bā-ṣād) [QM Sofia MS f.1a].
I.50. Sufyān ath-Thawrī (thā-wāw), d. 97/161.
I.51. Ṣadr al-quḍāt al-imām al-ʻālim (ṣād-qāf). He is athor of Sharḥ al-Jāmiʻ aṣ-ṣaghīr [KZ 1: 562].
I.52. Rukn Kharābī (kāf-khā). Kharāb is a name of flourishing village in Khwarazm[12].
I.53. ʻAṭā’ b. Ḥamza as-Sughdī (ʻain-ṭa).
I.54. ʻAlā’ ad-dīn Sadīd b. Muḥammad al-Khayyāṭī (ʻain-khā) [JM 2: 131; 4: 198]. He studied under Fakhr al-mashāyikh ʻAlī b. Muḥammad al-ʻImrānī JM 2: 613. It’s unclear whether he is identical with Majd al-a’imma al-Khayyāṭī (mīm-jīm-khā).
Khayyāṭī was son-in-law of ʻAin al-a’imma al-Karābīsī.
I.55. Abū Jaʻfar Muḥammad b. ʻAmr al-Ustrūshanī (fā-jīm) [JM 3: 294]. He was known as al-faqīh Abū Jaʻfar[13]. He has written al-Kifāya (kāf).
I.56. Abū ʻAbdullāh Muḥammad b. ʻAbd ar-Rahmān al-Bukhārī, al-ʻAlā’ az-zāhid (d. 12. Jumādā II 546 / 26.9.1151, ʻain-zā) [JM 3: 214].
He opposed aṣ-Ṣadr ash-shahīd when the latter returned from Khurasan to Bukhara[14].
I.57. Abū ʻAlī al-Ḥasan b. ʻAbd al-Malik an-Nasafī, qāḍī al-imām (d. 22 Jumada II 487/9.7.1094; ʻain-nūn) [JM 2: 68].
I.58. Zāhidī used qāf-ḍād-mīm for Qāḍī al-quḍāt al-mutakallim.
I.59. ʻAlā’ ad-dīn at-Tājirī (ʻain-ta). Al-Qurashi restricted himself to referring to Qunya [JM 4: 162].
No information could be found on these four jurisprudents:
I.60. ʻAlā ad-din Saʻdī (ʻain-sīn).
I.61. ʻUmar al-ḥāfiẓ (ʻain-ḥā)
I.62. ʻAbd ar-Rahīm al-Khutanī (ʻain-ḥā-khā).
I.63. Muḥassin (mim-ḥā).
As to books:
II.1. al-Jāmiʻ al-kabīr (jīm-kāf) was written by different authors. The most famous among them is Muḥammad ash-Shaibānī.
II.2. Al-Muntaqā fi furūʻ al-ḥanafīya (mīm) was written by Abu-l-Faḍl Muḥammad b. Muḥammad al-Marwazī al-ḥākim ash-shahīd (d. Rabīʻ I 334/October 945) [JM 3: 313–5].
II.3. Naẓm al-fiqh (nūn-ẓa) belongs to the qalam of a Bukharan jurist and theologian ʻAlī b. Yahyā az-Zandawīsatī (d. 399/1008) [KZ 2: 621–2; 4: 222].
II.4. Sharḥ Sarakhsī (shīn-sīn) is a commentary to as-Siyar al-kabīr by Shams al-a’imma Abū Bakr Muḥammad b. Abī Sahl as-Sarakhsī (d. 483/1090) [KZ 2: 1014].
II.5. Fatāwā al-Faḍlī (fā-ḍād) belongs to Abū ʻAmr ʻUthmān b. Ibrāhīm b. Muḥammad al-Faḍlī an-Nasafī (d. 508/1114) [JM 4: 279–80].
II.6. al-Ajnās wa-l-furūq (jīm-sīn) is written by Abu-l-ʻAbbās Aḥmad b. Muḥammad an-Nāṭifī (d. 446/1054) [JM 1: 297–8]. He is the author of the following works as well: Wāqiʻāt an- Nāṭifī (tā) and ar-Rawḍa (rā).
II.7. Khizānat al-akmal (khā-kāf)[15]. In Islamologist literature it is frequently attributed to al-Jurjānī (d. 552/1128).
II.8. Tuḥfat al-fuqahā’ (tā-ḥā) belongs to the qalam of ʻAlā’ ad-dīn as-Samarqandī [JM 3: 18].
II.9. Sharḥ al-Ziyādāt (shīn-zā) is a commentary to az-Ziyādāt fi furūʻ al-ḥanafīya of Muḥammad ash-Shaibānī [KZ 2: 962–3]. Since several authors (Qāḍīkhān, ʻAttābī etc.) have such titles, we can not identify which one is Zāhidī’s source.
II.10. Khulāṣat al-Bargharī (khā-ghain)[16]. Al-Bargharī was also author of aṭ-Ṭarīqa [KZ 2: 1113] and Amālī [KZ 1: 165].
II.11. Abū Ḥafṣ Najm ad-dīn ʻUmar b. Muḥammad an-Nasafī’s (d. 537/1142) Fatāwā is marked by fā-nūn.
II.12. Ṣalāt al-Jullābī (ṣād-jīm) is written by Abū Muḥammad Ṭāhir al-Jullābī [KZ 2: 1081]. It is frequently cited by different Hanafite authors.
Jullāb was a town in Amida, present-day Diyarbakir, Turkey.
II.13. Sharḥ Abī Dharr (shīn-dhāl). The book is written by Abū Dharr Aḥmad b. Muḥammad as-Saʻīdī (d. 24. Ṣafar 474/3.8.1081) [YD folio 255r]. He studied under Baqqālī in Khwarazm and Ḥalwānī in Bukhara.
II.14. al-Fatāwā aṣ-ṣughrā (ṣād-ghain-rā) [KZ 2: 1224–5]. It is suggested that this book was compiled by aṣ-Ṣadr ash-shahīd while al-Muwaffaq b. Muḥammad al-Khāṣī (d. 634/1236) later revised the text.
II.15. al-Aṣl fi-l-furūʻ (ṣād) is among the main ẓāhir ar-riwāya sources of the Hanafite legal school [KZ 1: 107]. It belongs to the qalam of Muḥammad ash-Shaibanī. The same holds true for az-Ziyādāt (zā).
II.16. Sharḥ al-Jāmiʻ al-kabīr (shīn-jīm-kāf) is a commentary on al-Jāmiʻ al-kabīr of ash-Shaibānī. Since many Hanafite authors wrote these commentaries it is difficult to identify Zāhidī’s source.
II.17. Fatāwā al-ʻAttābī (fā-tā) is a different title for Jāmiʻ al-fiqh [KZ 1: 567, 2: 1226]. It was compiled by a Bukharan jurisprudent al-ʻAttābī (d. 586/1190).
II.18. Fatāwā al-Kirmānī (fā-kāf) was written by Abu-l-Faḍl b Amīrūya al-Kirmānī (d. 543/1149) [KZ 2: 1220]. He lived temporarily in Khwarazm[17].
II.19. Sharḥ al-Irshād (shīn-dāl). It might be a commentary on al-Irshād by Abū Ḥāmid Muḥammad al-ʻAmīdī as-Samarqandī (d. 615/1218) [KZ 2: 1224].
II.20. Fatāwā Ṣāʻid (fā-ṣād) [JM 2: 269] is presumably another work by Ṣāʻid b. Manṣūr al-Kirmānī (6th/12th century), author of al-Ajnās [KZ 1: 11].
II.21. Fatāwā al-ʻaṣr of ʻAlī as-Sughdī (fā-ghain). Abu-l-Ḥasan ʻAlī b. al-Ḥusain as-Sughdī (d. 461/1069) has written an-Nutaf fi-l-fatāwā [JM 2: 567]. No source tells about his Fatāwā al-ʻaṣr.
II.22. Rukn al-a’imma aṣ-Ṣabbāghī (kāf-ṣād) wrote Sharḥ Mukhtaṣar al-Qudūrī (shīn-ṣād) [JM 2: 456; KZ 2: 1634].
II.23. Fatāwā as-Samarqandī (fā-sīn) is written by Muḥammad b. al-Walīd as-Samarqandī [10th century; JM 3: 390; KZ 2: 1224]. He might also have his Majmūʻa (sīn). Al-Jāmiʻ al-aṣghar (alif-ṣād-ghain-rā) also belongs to him [KZ 1: 535].
II.24. Sharḥ az-Ziyādāt. Shīn-zā has been used to mark three sources interchangeably.
II.25. al-Ikhtiyār (alif-khā-tā-rā). This can not be al-Ikhtiyār li-talīl al-Mukhtar of al-Mawsīlī (d. 683/1284).
II.26. Jamʻ al-ʻulūm (jīm-ʻain). Probably belongs to Ṣadr al-islām [YD f. 257v.17].
The following three sources could not be identified through available sources to me:
II.27. al-Fatāwā al-bukhārīya (bā-khā).
II.28. Jāmiʻ al-Bukhārī (jīm-rā).
II.29. Fatāwā Bukhārī (fā-bā-khā).
Princeton copy has four other abbreviations which could not be found in other available manuscripts. They are: Lamaʻāt al-fiqh (lām-mīm), Ghiyāth al-muftīyīn (ghain-nūn-mīm), al-Ghunya (ghain-nūn-yā), and Daqā’iq al-asrār (dāl-sīn).
References:
- JM = al-Jawāhir al-muḍīya fi ṭabaqāt al-ḥanafīya. Edited by ʻAbd al-Fattāḥ al-Ḥulw. Volumes 1–5. Jiza: Dar al-hijr, 1993.
- KZ = Kashf aẓ-ẓunūn ʻan asāmī al-kutub wa-l-funūn. Edited by Yaltkaya. Volumes 1–2. Istanbul, 1941–43.
- YD = Yatīmat ad-dahr fī fatāwā ahl al-ʻaṣr — Azhar library 2119 khāṣṣ, 26958 ʻāmm.
- Qunyat al-munya. Princeton University MS, Garrett 629. New Jersey, USA.
- Qunyat al-munya. Bayerischer Staatsbibliothek MS Cod. arab. 288. München, Germany.
- Qunyat al-munya. Cyril and Methodius National Library MS 1438. Sofia, Bulgaria.
[1] This research was possible with the support of the “Advanced Academia Program” of the Center for Advanced Study Sofia, Bulgaria.
[2] On Zāhidī’s life and description of his works see: Şükrü Özen, Zâhidî. – Türkiye Diyanet Vakfı İslâm Ansiklopedisi, 44: 81-5.
[3] For instance, the 16th century Ottoman jurist Pīr-Muḥammad of Skopje cites Qunyat al-munya 31 times in his Fatāwā al-Uskūbī (=Muʻīn al-muftī).
[4] A. Kariev gives general information on Zāhidī’s method in his “In Regards to Certain Forms of Indexes in Medieval Arabic Treaties (Based on the Manuscripts of Tashkent Collections)” // Manuscripta Orientalia vo.17, № 1 (2011), p. 3-10. The more serious attempt has been made by Kübra Nugay in her “Şeyhülislam Mehmed Emin Ankaravî’nin Fetâvâ’yı Ankaravî Adlı Eserindeki Metodu (Aile Hukuku Örneğinde)” [Shaikh al-islam Muhammad Amin Anqarawi’s Method in His Work Fatawa al-Anqarawi, in the Example of Family Law]. Unpublished MA thesis. Sivas (Turkey): Cumhuriyet Üniversitesi, 2012. – p. 65-76. This list has several contradictions, especially № 1, 12, 25, 26, 32, 33, 41, 47, 50, 77.
[5] Ziriklī, al-Aʻlām 6: 335
[6] Bazdawī, Kitab fī uṣūl ad-dīn, p. 158
[7] Princeton manuscript’s copyist ascribes at-Tajrīd to him, which can not be proved through available sources.
[8] Samʻanī, al-Ansāb (India edition) 4: 76-7.
[9]Al-ʻAjamī, Dhail Lubb al-lubāb,p. 235.
[10] Sobranije Vostochnyh Rukopisej (Tashkent) 4: 272. This manuscript is important to shed more light into the history of development of Hanafite law in Khwarazm. It consists of 78 folios, and is copied in Ṣafar 733/November 1332.
[11] Yāqūt, Muʻjam al-buldān, 4: 427.
[12] Adh-Dhahabī, al-Mushtabah, 158.
[13] Majmaʻ al-fatāwā’s author used his full name “al-faqīh Abū Jaʻfar al-Ustrūshanī” – Cyril and Methodius Library (Sofia) MS OR979, f. 2r.
[14] ibid. f. 215v.18.
[15] TDV İslâm Ansiklopedisi 18: 180-2
[16] In YD the copyist mentions ʻAbd as-Salām al-Gharbawī who taught in the mosque of al-ʻAmīrī in Khwarazm. This Gharbawī was a Khwarezmian jurisprudent and lived in the 6th / 12th century.
[17] Kardarī, Manāqib Abī Ḥanīfa, 297.
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