Abū Ḥanīfah's Use of the Solitary Ḥadīth as a Source of Islamic Law

Author(s): SAHIRON SYAMSUDDIN

Source: Islamic Studies, Vol. 40, No. 2 (Summer 2001), pp. 257-272
Published by: Islamic Research Institute, International Islamic University, Islamabad
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IslamicStudies 40:2 (2001) pp. 257-272

Abu Hanifah'sUse of theSolitary

Hadith
as a Source of Islamic Law

SAHIRON SYAMSUDDIN

Introduction

Abu Hanlfah (d. 150/767), "the founder and firstcodifier of the speculative
school of law",1 was in some ways a controversial scholar. In his Ta'rikh

Baghdad, Ahmad ibn 4All al-Khatib al-Baghdadl (d. 463/1070) cites many
reports attributed to prominentmembers of the Ahl al-Hadith group of
scholarswhich informus thatAbu Hanifah's opinions relatingto legal issues
oftencontradictedthe nass (textualstatements)of theQur'an and theHadith,2
the two primary sources of Islamic law.3 One of the numerous reports is a
statementattributedto 'Abd Allah ibn al-Mubarak (d. 181/797): "Whoever
looks at Abu Hanifah's books sees thatAbu Hanifah permitswhat Allah
forbids,and forbidswhat He permits."4Likewise, al-Ghazzalf (d. 505/111)

1
This description is IgnazGoldziher's, taken fromhis book IntroductiontoIslamic Theologyand
Law, tr.,Andras and Ruth Hamori (Princeton: Princeton University Press, 1981), 49. See also
Marshall G. S.Hodgson, The Venture ofIslam (Chicago: The University ofChicago Press, 1974),
1: 327; and Ahmad ibnMuhammad ibnKhallikan, Wafayat al-A'yanwa Anba* Abna* al-Zaman,
ed., Ihsan 'Abbas (Beirut:Dar Sadir, 1977), 5: 409. IbnKhallikan also calls him imamfi 'l-qiyas(a
leader in inferentialreasoning).
2
See Ahmad ibn 'All al-Khatib al-Baghdadi,Ta'rikh Baghdad awMadtnat al-Saldm (Baghdad: al
Maktabah al-'Arabiyyah, 1931), 13: 394-423. In his book al-Khatib al-Baghdadi quotes numerous
reportsattributedto Sufyan ibn 'Uyaynah (d. 198/814),Malik ibnAnas (d. 179/795),Hammad
ibnZayd (d: 179/796), 'Abd al-Rahman ibn al-Mahdi (d. 198/814), 'Amr ibn 'Abd al-Rahman al
Awza'I (d. 157/773), Sufyan al-Thawri (d. 161/778), Sulayman ibnHarb (d. 224/839), 4Abd
Allah ibn al-Mubarak,Muhammad ibn Idris al-Shafi'i (d. 204/819), Ahmad ibn Hanbal (d.
241/855), andmany others.
3
SeeMuhammad ibn Idris al-Shafi'I,al-Risalah, ed.,Ahmad Muhammad Shakir (Cairo:Matba'at
Mustafa al-Babi al-Halabi, 1940), 73;Muhammad ibnAhmad ibnAbi Sahl al-Sarakhsi,Usul al
Sarakhsi, ed.,Abu'l-Wafa' al-Afgham (Cairo:Matabi4 Dar al-Kitab al-'Arabi, 1954), 1: 65; 4Abd
Allah ibn 'Abd al-Muhsin al-Turki, Usul Madhhab al-Imam Ahmad: Dirasah Usuliyyah
Muqaranah (Riyadh:Maktabat al-Riyad, 1977), 102; and Muhammad Zahid al-Kawthari,Fiqh
Ahl al-lraq wa Hactithuhum, ed., 'Abd al-FattahAbu Ghuddah (Beirut:Maktab al-Matbu'at al
Islamiyyah, 1970), 18.
4
Al-Khatib al-Baghdadi,TaYikh Baghdad, 13: 403.

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 SAHIRONSYAMSUDDIN
258

says inhis al-MankhulthatAbu Hanifah turned the sharVahcompletelyupside

down, confounded itsmethod, and changed its structure.5

These claims are largelybased on the assumption thatAbu Hanifah relied

on ra3y(personal judgment),i.e. qiyas (inferentialreasoning) ratherthan on the
nass of theQur'an and Prophetic traditions6in deriving legal rulings.This
assumptionhas been adopted bymany orientalists.IgnazGoldziher (d. 1921),
for example, says in his book The Zahiris: TheirDoctrine and TheirHistory:
"Abu Hanlfa made the firstattempt to codify Islamic jurisprudenceon the
basis of qiyas."7The Ahl al-Hadlth's criticismofAbu Hanifah, whom they saw
as a of the Ahl al-Ra'y, has been understood by many scholars,
representative
among themN.J. Coulson, as a crystallizationof the conflictbetween the two
groups. In this case, Coulson seems to support the traditionalview that the
formerdisregardedreason in forminglegaldecisions, and the latterthenass.8
Onthe other hand, Muhammad ibn Mahmud al-Khawarizmi
(d. 665/1267), inhis JamVal-Masanid,rejects the above claim, saying that those
responsible for it did not correctlyunderstand thefiqh of Abu Hanifah. In
support of this notion, he offers several arguments in his work.9 Furthermore,
IbnHajar al-'Asqalani (d. 852/1449) did not considerAbu Hanifah and his
followers to belong to Ahl al-Ra'y or to have neglected the nass in favour of
personal reasoning. He said:

You have no choice but to understand from the statements of al-'ulamd' al

muta'akbkhirin (the scholars of the later period), who say thatAbu Hanifah and

There is some disagreement about the spelling of this name. While most scholars call him
al-Ghazali, a few scholars prefer to call him al-Ghazzali. This latter is now very rare,
nevertheless, in deference to the author's preference, in this article thename has been spelled as
al-Ghazzali. -Ed.
s
Abu Hamid Muhammad ibnMuhammad al-Ghazzali, al-Mankhulmin Tallqat al-Usul, ed.,
Muhammad Hasan Haytu (Damascus: Dar al-Fikr, 1980), 500. See also Abu'l-Qasim al-Musawi
al-Khu'i,Mu'jam Rijal al-Hadith wa Tafsil Tabaqat al-Ruwat (Qumm: Manshurat Madinat al
'Ilm, 1983), 19: 164. In his book, al-Khu'i quotes another statementattributed to al-Ghazzali
saying: "Abu Hanifah completed the roots of the shar( (the canonical law of Islam)with a root
by which he destroyed the shar' of the ProphetMuhammad (peace be on him).Whoever does
Whoever does it, regarding it permissible, he is a
this, regarding it as lawful,he is an infidel.
sinner." However, the present author have not been able to find this statement in al-Ghazzali's

al-Mankhul.
6
See Muhammad ibnMahmud al-Khawarizmi, JamV al-Masanid (Beirut:Dar al-Kutub al
'Ilmlyyah,n.d.), 1: 41-43; Al-Khu'i, Mu'jam Rijal al-Hadith, 19: 164; and al-Kawthari,Fiqh Ahl
21.
al-'Iraq,
7
Ignaz Goldziher, The Zdhiris:TheirDoctrine and TheirHistory, trans,and ed.,Wolfgand Behn
(Leiden: E.J. Brill, 1971), 13.
8
N. J.Coulson, A History ofIslamicLaw (Edinburgh:The University Press, 1964), 52.
9
See al-Khawarizmi,]amifal-Masdriid, 1: 41-53.

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ABU HANIFAH'SUSE OF THE SOLITARYHADITH
259

his followers were Ashab al-Ra'y (party of reasoning), that the purpose of these
statementswas to reduce their stature; it does not mean that
they gave priority to
personal reasoning over the sunnah of the be on him) and the
Prophet (peace
opinions of his Companions, the reason that were innocent of that
being they
practice.10

It seems thatJoseph Schacht (d. 1969) agreedwith the above view, as is shown
? ?
by his statement,"...The attitudeof the Iraqians includingAbu Hanlfah
to traditionsis essentiallythe same as thatof theMedinese, but theirtheory is
more
developed."11
One can see from the above that scholars disagree on Abu Hanifah's
treatmentof the nass>particularlytheProphetic traditionson which he based
will examine the issueby looking at
his legalopinions. This paper, therefore,
the extent ofAbu Hanifah's reliance on hadith reports,especially those that
are considered ahad (solitary),12and how he dealt with the contradiction
between legaldecisions based on solitaryahadith and those reached by qiyas.
Before presenting and analyzing this issue, however, itwould be useful to
present a brief account of Abu Hanifah's life in relation to his learningof
Hadlth.

10
Al-Kawthari, Fiqh Ahl al-'Irdq, 21.
11
Joseph Schacht, The Origins ofMuhammadan Jurisprudence(Oxford: The Clarendon Press,
1959), 27.
12
What ismeant by dhdd in thispaper is the hadith reportswhich are not categorized under the
termal-mutawdtir.Scholars such as al-Khatib al-Baghdadi and Zayn al-Din 'Abd al-Rahlm ibn
al-Husayn al-'Iraqi (d. 806/1404), define al-mutawdtiras a Prophetic tradition (hadith)which is
reported by a sufficientlylarge number of transmittersto ensure, according to common
experience (al-'ddah), the impossibilityof their having agreed at any given time to lie, the
unlikelihood of any obscurity being introduced into the hadith's text,and the absence of any
factors that would have motivated the transmittersto lie. The mutawatir reports yield
immediateor necessary knowledge (al-'ilmal-daruri). It is, therefore,necessary thatMuslims be
guided in their lives by themutawatir traditions.The ahddithwhich do not fulfil the above
conditions are called dhdd. In terms of the quality, which depends on the sanad (chain of
transmitters)and the matn (content of the report), the dhdd could be sahib (sound), hasan
(sufficient),or dalf (weak). The dhdd traditionsentail zann (probable knowledge). Al-dhdd al
sahih and al-hasan can serve as sources in legal matters but not al-da%f More detailed
informationabout these terms is available inmany books of usul al-hadithand usul al-fiqh.See al
Khatib al-Baghdadi, al-Kifayahfx fIlmal-Riwdyah, ed., Ahmad 'Umar Hashim (Beirut:Dar al
Kitab al-'Arabi, 1986), 32;Muhammad Jamal al-Din al-Qasimi, Qawd'id al-Tahdithmin Funun
Mustalah al-Hadithyed.,Muhammad Bahjah al-Bitar (Beirut:Dar al-Nafa'is, 1987), 151;Wael B.
Hallaq, "On InductiveCorroboration, Probability and Certainty in Sunnl Legal Thought" in
his Law and Legal Theory inClassical andMedieval Islam (Aldershot:Variorum, 1994), ch. IV: 3
31;Nicholas Aghnides,Mohammedan Theories ofFinance with an Introduction toMohammedan
Law and a Bibliography(Lahore:The Premier Book House, 1961), 39-47.

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 SAHIRONSYAMSUDDIN
260

Abu Hanifah and His Learning ofHadith

Best known by his kunyah,Abu Hanifah, the subject of our study originally
bore thename al-Nu'man ibnThabit al-Kufi.He was born in theyear 80/699
under theUmayyad caliphate of 'Abd al-Malik ibnMarwan (d. 85/704), and
died in the year 150/767.13It is said that he met with several of the
Companions of theProphet (peace be on him)14,among themAnas ibnMalik
(d. 93/712), 'AbdAllah ibnHarith ibnJuz' al-Zubaydi (d. 86/705),'Abd Allah
ibnAbi Awfa (d. 87/706) andWathilah ibn al-Asqa' (d. 83/702), fromwhom
On this basis,Muslim historians, like
he received several ahadith directly.15
Muhammad ibn Sa'd (d. 230/844) and al-Khatib,consideredhim to have been
one of theTabi'in (Successors).16
He also learnedmany abddith from severalof
theTabi'in aswell. Al-Mizzi, inhis Tahdhib al-Kamdlylists in factno less than
seventyeightrawis (hadithnattators),most ofwhom were settledinKufah.17

13
Al-Khatib al-Baghdadi,Ta'rikh Baghdad, 13: 330. Concerning theyearwhen Abu Hanifah was
born, al-Khatib says thatDawud ibn 'Ulayyah claimed this to be 61 a.h. However, this
information,he insists,is suspect. See also Taqi al-Din ibn 'Abd al-Qadir al-Tamimi, al-Tabaqdt
al-Saniyyahft Tardjim al-Hanafiyyah, ed., 'Abd al-FattahMuhammad Abu Guddah (Cairo:
Lajnat Ihya' al-Turath al-Islami, 1970), 1: 88; al-Khawarizmi, JdmV al-Masdnid, 1: 21 and 78;
Muhammad ibnYusuf al-Salihi, 'Uqud al-Jumdn fi Mandqib al-Imdm al-A (zamA hiHanifah al
Nu'mdn (Haydarabad: Matba'at al-Ma'arif al-Sharqiyyah, 1974), 42; and Jamal al-Din Abu al
Hajjaj Yusuf ibn 'Abd al-Rahman al-Mizzi, Tahdhib al-Kamal fi Asrria*al-Rijdl, ed., Bashshar
'AwwadMa'ruf (Beirut:Mu'assasat al-Risalah, 1992), 29: 444. In this book, Yusuf ibn 'Abd al
Rahman al-Mizzi (d. 742/1341)mentions thatYahya ibnMa'In (d. 233/848) said that theyear of
Abu Hanifah's deathwas 151/768,and thataccording toMakki ibn Ibrahim (d. 215/830), itwas
153/770.
14
Muslim informantsdid not agree on thenumber of Sahahahwhom Abu Hanifah encountered.
Some, likeAhmad ibn 'AbdAllah al-Asbahani (d. 430/1038) said that theywere three,viz. Anas
ibnMalik (whom he met inKufah when he was thirteenyears old), 'Abd Allah ibn al-Harith
(whom he met inMakkah when he was sixteen),and 'AbdAllah ibnAbi Awfa. Some, like Ibn
Khallikan (d. 681/1282), gave thenumber as four, that is,Anas ibnMalik (inKufah), 'AbdAllah
ibnAbi Awfa (inKufah), Sahl ibn Sa'd al-Sa'idi (d. 91/710) (inMadman), andAbu Tufayl 'Amir
ibnWathilah (d. 100/718) (inMakkah) . Some said six,namelyAnas ibnMalik, 'Abd Allah ibn
Unays (d. circa 94/713), 'Abd Allah ibn al-Harith, 'Abd Allah ibnAbi Awfa, Wathilah ibn al
Asqa', and 'A'ishah bint 'Ajrad. Some, like al-Khawarizmi, said seven, adding to these six the
name of Jabir ibn 'AbdAllah (d. 78/698). Some said eight,adding to the above-mentioned seven
thename ofMa'qal ibnYasar (d. 65/685). See Ahmad ibn 'AbdAllah al-Asbahani,MusnadAbi
Hanifah, ed., Nazar Muhammad (Riyad:Maktabat al-Kawthar, 1994), 24-25; Ibn Khallikan,
Wafayat al-A'yan, 5: 406; al-Khawarizmi, JamV al-Masdnid, 1: 22-6 and 2: 345-348; al-Salihi,
'Uqiidal-Jumdn,49-61.
15
The isndd (chains of transmitters)of the ahadith, according to traditionists,vary from sabih
(sound) toda*if (weak), and evenmawdu* (fabricated).See al-Salihi,Vqudal-Jumdn, 54-62.
16
Al-Khatib al-Baghdadi,Ta'rikh Baghdad, 13: 324.
17
See Al-Mizzi, Tahdhib al-Kamal, 29: 418-20; and Muhammad ibnMuhammad al-Dhahabl,
Ta'rikh al-Isldmwa Wafayat al-Mashdhir wa al-A 'lam,ed., 'Umar 'Abd al-SalamTadmuri (Beirut:
Dar al-Kitab al-'Arabi, 1988), 9: 306.

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 ABU HANIFAH'SUSE OF THE SOLITARYHADITH
261

In order to expand his knowledge ofHadith, Abu Hanifah is reported to

have travelled to other citieswhich were renowned as centres of Hadith,
especiallyBasrah,Makkah andMadinah. There he studiedahadithundermany
prominentmuhaddithin (traditionists).In Kufah he was taught by Hammad
ibnAbi Sulayman (d. 120/738) fromwhom he also learned Fiqh, 'Amir al
Sha'bi (d. 104/722),Salamah ibnKuhayl ibn al-Hasin (d. 123/741)Abu Ishaq
Sulayman ibnAbi Sulayman al-Shaybanial-Kufi (d. 120/738), Simak ibnHarb
(d. 123/741),Muharib ibn Dithar (d. 116/734), 'Awn ibn 'Abd Allah
(d. 116/734),Hisham ibn 'Urwah (d. 146/763), and Sulayman ibnMihran
(d. 148/765). In Basrah, Abu Hanifah also received education inHadith from
Qatadah ibn Di'amah (d. 118/736), and from Shu'bah ibn al-Hajjaj
(d. 160/776). In Makkah he learnedHadith from 'Ata' ibn Abi Rabah (d.
114/732),and 'Ikrimah ibn 'AbdAllah al-Barbari (d. 105/723). InMadinah, he
heard ahadith fromSulayman IbnYasar (d. 107/725) and Salim ibn 'AbdAllah
ibn 'Umar (d. 106/725).18The ahadithwhich Abu Hanifah learned fromhis
masterswere passed on to his pupilswhose names are listedby al-Mizzi in his
Tahdhib al-Kamal. Among themwere Hammad ibnAbi Hanifah (d. 176/792),
andAbu Yusuf Ya'qub ibn Ibrahim al-Qadi (d. 182/798),Muhammad ibn al
Hasan al-Shaybani (d. 189/805).19 These threewere responsible for compiling
theahadithnarratedbyAbu Hanifah which are embodied in his alMusnad or
Kitab al-Athar.20 The breadth of his knowledge ofHadith was acknowledged
by his contemporaries. Abu Yusuf, for instance, said that no one was more

knowledgeable of the interpretationof the ahadith touching on fiqh (Islamic

law) thanAbu Hanifah.21Above all,Abu Hanifah was considered an expert in
the knowledge of al-jarh wa al-tasdil, * branch of the Hadith sciences, which
assesses the characters of transmitters so as to decide whether or not a hadith is

18
ShibliNu'manl, Imam Abu Hanifah: Life and Work, tr.,M. Hadi Hussain (New Delhi: Kitab
Bhavan, 1988), 18-26.
19
See al-Mizzi, Tahdhib al-Kamdl, 29: 420-22.
20
There are fifteencollections of the ahadith transmittedby Abu Hanifah, all of which al
Khawarizmi has incorporated in his fami*al-Masdriid.They are theMusnads compiled by 'Abd
Allah ibn,Muhammad ibn Ya'qub al-Harithi (d. 340/951-52), Talha ibn Muhammad
(d. 380/990),Muhammad ibn al-Muzaffar ibnMusa (d. 386/996), Ahmad ibn 'Abd Allah al
Asbahani (d. 430/1038), Abu Bakr Muhammad ibn 'Abd al-Baql al-Ansari (d. 535/1140), 'Abd
Man ibn 'Adi al-Jurjam(d. 365/975-76), al-Hasan ibnZiyad al-Lu'lui (d. 204/819), 'Umar ibn
al-Hasan al-Ashnanl (d. 339/951), Abu Bakr Ahmad ibnMuhammad ibn Khalid al-Kala'i (d.
432/1041),Muhammad ibn al-Husayn al-Balkhi (d. 526/1132), Abu Yusuf Ya'qub ibn Ibrahim
al-Qadi,Hammad ibnAbi Hanifah, Muhammad ibn al-Hasan al-Shaybanl,whose collection is
called al-Athar,and 'AbdAllah ibnMuhammad b. Abi al-'Awam al-Saghadl (d. 290/903). See al
Khawarizmi, famV al-Masariid, 1: 4-5; and al-Salihi, 'Uqiid al-Juman, 322-34. In his book, al
Salihi adds to the above-mentioned collections two otherMusnads done by Abu Bakr ibn al
Muqri' andAbu 'All al-Bakri.
21
al-Din al-Tamimi, 1: 99.
Taqi al-Tabaqat al-Saniyyah,

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 SAHIRONSYAMSUDDIN
262

authentic. It is reported that Abu Hanifah considered, for example, Sufyan al

Thawri as a reliable (thiqah) transmitter,Zayd ibn 'Ayyash as a weak
transmitter(da'lf), and Jabir al-Ju'fias a fabricator (waddd) of ahddltk22It
follows thatAbu Hanifah's knowledge ofHadlth, and thequalificationsof the
transmitterson which its acceptance depends, is beyond doubt. What is at
issue, however, is to what extent and how Abu Hanifah employed his
knowledge ofHadlth in arrivingat legaldecisions.

Abu Hanifah's Attitude towards Solitary Traditions

There aremany reports inwhich Abu Hanifah is said to have preferredhis

personal reasoning to the informationcontained in the Prophetic traditions
when dealingwith legalproblems.One informant, Hammad ibn Salamah, said
thatAbu Hanifah receivedhadlth reports,but then rejected them in favourof
his own ra'yP After all, the reportswith which al-Khatlbprovides us are full
of instancesof Abu Hanifah apparently speaking in a lightvein about the
Prophetic traditions.Sufyan ibn 'Uyaynah, for example, reported thatwhen
he toldAbu Hanifah of theProphetic saying: "Al-Bay'an hi al-Khiyarma lam
yatafarraqa" (the sellerand thebuyer have the rightto rescinda transactionas
long as they have not separated),Abu Hanifah allegedly rejected it, saying:
"What if both {the seller and buyer) are on a ship?What if they are in a
prison?And what if they are on a journey?How do they separate from each
other then?"24Another example is the reportofYahya ibnAdam (d. 203/818)
that when Abu Hanifah's attention was drawn to the hadlth: "Al-wudu* nisfal
imarf (ablution is half of faith),he replied: "So, why don't you perform the
ablution twice so as to perfect your faith ?"25 In al-Khatib's TaYikh there are
some other examples of Abu Hanifah's rejection of certain ahddlth,on the
basis ofwhich Juynboll concludes in hisMuslim Tradition thatAbu Hanifah
He even goes so
can be regardedas rarelyhaving been influencedby ahadlth.26
far as to say that in Abu Hanifah's draftingof legal decisions, Prophetic
traditions never held any importance.27 To my mind, this assessment seems to
be very tenuous, for scholars have not sufficientlyexamined why Abu
Hanifah did not use such ahddltk In fact,there is every reason to believe that

22
Ibid., 1:111.
23
Al-Khatib al-Baghdadi,Ta'rikh Baghdad, 13: 390-91.
24
Ibid., 13: 389.
25
Ibid., 13: 388. [The whole point of this lightvein is thatAbu Hanlfah feltcertain that these
statements,which were attributed to theProphet (peace be on him); but in point of fact they
were not his statements. Ed.]
26
G. H. A. Juynboll,Muslim Tradition: Studies in theChronology,Provenance, and Authorship of
EarlyHadith (Cambridge:Cambridge University Press, 1982), 122.
27
Ibid., 120.

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ABU HANIFAH'SUSE OF THE SOLITARYHADITH
263

he rejected the ahadith because, according to him, they lacked the required
shurutalqabul (criteriaforacceptance of Prophetic traditions).
Abu Hanifah's attitude towards ahadith can be seen from the statement
ascribed to Sufyanal-Thawri,who said:

I heard thathe (AbuHanifah) said: 'I accepttheBook ofGod (theQur'an). If I

do not findanythingin it,I accepttheSunnahof theMessenger. If I do not find
anything in the Sunnah, I accept the opinion of his Companions; I will take of
their opinions what I want, and leave what I want. I do not depart from their
opinions and follow the opinions of others [i.e. non-Companions]. But when a
matter has to do with by Ibrahim, al-Sha'bi, ibn Sirin, al-Hasan, 'Ata', Sa'id ibn

al-Musayyab and the like [i.e. Successors]: in such cases I will have recourse to
ijtihad,2*as they did'.29

We note from this statementthatAbu Hanifah regarded the Sunnah of the

Prophet (peace be on him),which is available in the formof hadith reports,as
the second basis? aftertheQur'an ? formaking legaldecisions.When there
were no Qur'anic verses or hadith reports thathad a bearing on the problem
that Abu Hanifah was facing, he referred to those opinions of the
Companions thathe considered to be true,whether theywere formedon the
basis of ijma' (consensus)or consisted of personal opinions.30He had recourse
to ijtihadonlywhen he could not findany answers to a given legalproblem in
the above sources.The importanceof the role of ahadith inAbu Hanifah's
eyes can also be gauged from the sayingascribed to him: "If there is a hadith
from theProphet (peace be on him), I will not depart from it for something
else, but will accept it; if there are opinions coming fromhis Companions, I
will choose one of them; and if the reports come fromTdhVin (Successors), I
will [placemyself on the samepedestal and] viewith them".31
However, it is recorded that Abu Hanifah was very careful in employing
hadithreports.He used themas a legal sourcewhen he knew that they fulfilled
the requirement of their acceptance. Abu Ghuddah in his edition of al

28
Usulis define ijtihadas the utmost effortof a jurist'smental capacity in search of Islamic legal
rulings.See 'All ibnAbi 'All al-Amidi,al-IhkdmftUsulal-Ahkdm (Cairo: Dar al-Hadlth, n.d.), 4:
218; Ibrahim ibn 'All al-Shirazi,al-Wusul ildMasd'il al-Usul, ed., 'Abd al-Majid Turk! (al-Jaza'ir:
al-Shirkah al-Wataniyyah, n.d.), 2: 433; *AbdAllah Daraz's commentary on Abu Ishaq al
Shatibi,al-Muwdfaqdtft Usiil al-Shari'ah (Beirut:Dar al-Kutub al-'Ilmiyyah,n.d.), 4: 64; andWael
B. Hallaq, "Was theGate of Ijtihad Closed?" in his Law and Legal Theory in Classical and
Medieval Islam ,ch.V.
29
See al-Mizzi, Tahdhlb al-Kamdl, 29: 443; al-Khatib,Ta'rikh Baghdad, 13: 368; al-Salihi,Vqudal
Jumdn, 172.
30
Abu Hanifah: Batal al-Hurriyyahwa al-Tasdmuhft allsldm (Cairo:
See 'Abd al-Halim al-Jundi,
Dar Sa'd, 1945), 138.
31
Al-Salihi,'Uqudal-Jumdn, 173.

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KaWthari's Fiqh Ahl al-cIrdq mentions that Kawthari, in his Ta'riib al-Kbatib,
describes in detailAbu Hanifah's careful treatmentof solitary hadith reports.
According to Kawthari, Abu Hanifah applied the following rules when
dealingwith them: (1) a solitary tradition, includinga mursal tradition,32is
accepted if itdoes not come into conflictwith any strongerevidence (dalil),
such as the amm (universal)and zdhir (clear)verses of theQur'an, al-sunnah
al-mashhurah, that is,well-known traditions,33 mawdrid al-shar' (the main aims
of Islamic legal rulings), and other ahdd which are considered to be more
authentic (asabh);3* (2) if the transmitterof the tradition concerned is
considered reliable (thiqah); (3) if the transmitterdoes not reject the riwdyah
thathe reported,nor acts against its import,nor gives a fatwd (legal opinion)
contrary to what he has reported. It must also be pointed out that in cases
where therewere several traditionsconcerninghududwhich were mutually in
conflict,Abu Hanifah preferredto follow the traditionwhich laid down a
lighterpunishment.35Itwas on thesegrounds thatAbu Hanifah rejected those
traditionsfrom theProphet (peace be on him)which, in his opinion, did not
meet these requirements.
?
In termsof the firstrequirement that it should not be in conflictwith a

32
A l-mursal is defined as a tradition from the Prophet (peace be on him) inwhich the sanad
(chain of transmitters)lacks themention of the firsttransmitter(i.e. a Sahdbt). For example, a
Tdbi% such as Sa'id ibn al-Musayyab (d. 94/713), transmitteda hadith from theProphet (peace
be on him) without mentioning the name of theCompanion fromwhom he had recieved it.
Scholars do not agree on whether themursal tradition is authoritative (hujjah),or not. See al
Khatib al-Baghdadi, al-Kifdyahft 'Urnal-Riwdyah, 423-35; Husayn ibn 'Abd Allah al-Tibi, al
Khuldsahft Usul al-Hadith, ed., Subhi al-Samarra'i (Baghdad: Ihya' al-Turath al-Islami, 1971), 65
6; Jalal al-Din al-Suyuti,Manzumat 'Ilm al-Athar, published with Mahfuz ibn 'Abd Allah al
Tirmisl's Manbaj Dhawi al-Nazar (Beirut:Dar al-Fikr, 1981), 49-54; Subhi al-Salih,Vlum al
Hadith wa Mustalahuh (Beirut:Dar al-'Ilm li al-Malayin, 1988), 166-8; and Khaldun al-Ahdab,
Asbab Ikhtildfal-MuhaddithinQeddah: al-Dar al-Sa'udiyyah, 1985), 203-70.
33
This is, according toHanafi usulis, on the grounds that the takhsis(specificationofmeaning)
of theQur'anic verses and al-sunnahal-mashhurahbymeans of ahad isnot allowed. Conversely,
al-Shafi'i considered it acceptable. See Muhammad ibn Ahmad al-Sarakhsi, Usul al-Sarakhsi,
1: 364; Muhammad ibn Idris al-Shafi'i, al-Risalah, ed., Ahmad Muhammad Shakir (Cairo:
Mustafa al-Babi al-Halabi, 1940), 64.
34
According tomuhaddithun (traditionists),a hadith is regarded as sahih (sound) if itmeets with
four conditions, namely: (a) its sanad (chain of transmitters)is not disconnected from the
beginning (the firsttransmitters,that is, a Sahabi) to the end; (b) all its transmittersare thiqah
(trustworthy);(c) its sanad and matn (content) are not shddhdh(irregular,contradictory to the
strongerevidence) and (d) itssanad andmatn do not have any Hllah (defect).The authenticityof
ahddith varies from one to another, depending on how perfectly a hadith fulfils the above
4
prerequisites.See al-Tibi, al-Khuldsahfi Usul al-Hadith, 35-8; 'Uthman ibn Abd al-Rahman ibn
al-Salah,Muqaddimat Ibn al-Saldh, printedwith the text of 'Abd al-Rahim ibn al-Husayn al
'Iraqi,al-Taqyidwa al-Iddh:SharkMuqaddimat Ibn al-Saldh (Beirut:Dar al-Fikr, 1981), 20-42.
33
See al-Sarakhsi,Usul al-Sarakhsi,2: 3-7; al-Kawthari,Fiqh Ahl al-cIrdq, 36-38; al-Jundi,Abu
Hani/ah: Batal al-HurriyahWa al-Tasdmuhfi 'l-Isldm,140.

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ABU HANIFAH'SUSE OF THE SOLITARYHADITH
265

?
stronger evidence on the same subject al-Sarakhsi explains that a hadith
which particularises a verse should be considered to contradict that
Qur'anic
verse, and therefore cannot be regarded as authoritative.36 This idea, he argues,
isbased on the followingstatementof theProphet (peace be on him): uAhddith
will multiply among you aftermy death/Thus, ifa hadith is reported inmy
name, you must subject it to the Book of Allah. Whichever report is
compatiblewith the Book of Allah, accept it and know that it is fromme.
Conversely,whatever reportcontradictsit,you must reject it and know that I
am not for it".37 Another reason, to him, is that the
responsible according
Qur'an is definitive(qat%mutayaqqan bih),whether in termsof transmission
or of content,whereas a solitaryhadith is only probable.38One example of a
hadithwhich Abu Hanifah considered incompatiblewith the zahir (clear)
meaning of the Qur'an is the one transmittedfrom Fatimah bint Qays.
According to this tradition,Abu 'Amr divorced Fatimah three times. Khalid
ibn al-Walidwent to theProphet (peace be on him) to askwhether or not Abu
'Amrwas obligated to provide her nafaqah (maintenance).The Prophet (peace
be on him) reportedly said: "She does not receive nafaqah or sukna
(dwelling)".39 This solitaryhadithwas rejected by Abu Hanifah on grounds
that it is opposed to the zahirmeaning of theQur'anic verse 65: 6: "House the
(divorced)women where you live,according to yourmeans".40On thispoint,
Abu Hanifah's opinion differed from Shafi'i's.41Shafi'i points out in his
Risdlah that this traditionisnot contradictoryto theQur'an because a solitary
hadith can particularize the cammmeaning of a Qur'anic verse, on the grounds
that the 'umum (generality)of a Qur'anic verse does not yield alyaqin
(certainty),but only al-zann (probability), just as a solitary hadith does, and
that the takhsis of a text no means constitutes a
(particularization) by
contradiction between the particularized and the particularizing, but rather it

explainswhich is not clear. Shafi'i gives several examples of the Qur'anic

verseswhich had been particularizedby solitaryahddith.42

36
Al-Sarakhsi, Usul al-Sarakhsi,1: 364.
37
Ibid., I: 365; al-Shafi'i,al-Risdlah,224; Ibn 'Abd al-Barr,/^mfBaydn al-llm wa Fadlih (Cairo:
Idarat al-Tiba'ah al-Muniriyyah,n.d.), 1: 191.
38
Ibid., 1: 365. See also 'Ala' al-Din 'Abd al-'Aziz ibnAhmad al-Bukhari,Kashf al-Asrdr 'anUsul
Fakhr al-Isldmal'Bazdawly ed.,Muhammad al-Mu'tasim bi'llah al-Baghdadi (Beirut:Dar al-Kitab
al-'Arabi, 1991), 3: 19-20; and Schacht,The Origins, 28.
39
'Abd al-Rahman ibn 'Amr al-Awza'I, Sunan al-Awzd% compiled byMarwan Muhammad al
Sha'ar (Beirut:Dar al-Nafa'is, 1993), 338. See also 'AbdAllah ibnMuhammad ibnAbl Shaybah,
al-KitdbalMusannaf ft al-Ahddith wa al-Athdr(Beirut:Dar al-Taj, 1989), 4: 137.
40
See al-Sarakhsi, Usul al-Sarakhsi, 1: 365.
41
Schacht,The Origins, 29.
42
See al-Shafi'i,al-Risalah, 64-79; 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,3: 20; and al-Amidi,
al-Ihkdmfi Usul al-Ahkam,2: 472-7.

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 SAHIRONSYAMSUDDIN
266

Abu Hanifah's rejection of a hadlthwhich does not meet the essential

criteria laid down for its acceptance can also be noted in the issue of sharing
gbanimah (booty)with fallencomrades.According toAbu Hanifah, aMuslim
who iskilled in awar isnot qualified for a shareof the ghanlmah (booty).43In
takingthisposition,Abu Hanifah disregardeda hadlth relatedon the authority
of al-Awza'i, that theProphet (peace be on him) had granteda portion of the
ghanlmah to aMuslim who was killed at Khaybar.44Abu Hanifah's reason for
rejecting this hadlthwas that there existed a much more authentic hadlth
narratedby al-Zuhri inwhich he had statedthat theProphet (peace be on him)
had refusedto give a share of the ghanlmah to 'Ubaydah ibn al-Harith,who
was killed in Safra'during thebattle ofBadr.45
On the reliabilityof the transmitters of solitaryahddlthywhich constitutes
the second requirementof acceptance, theHanafi juristspoint out that in
order to be considered thiqah (reliable; trustworthy),the transmittersare
required to have, in addition to theiradherence to Islam and being possessed of
aql (intellect),the qualificationsof 'addlah (piety) and dabt (comprehension)
are also required.What is meant by 'addlah is consistency in religious
observance, in particular by not committinganymajor sin (kablrah) and by
avoidingminor sins (sagha'ir)aswell as those acts thatwould cause him to lose
his muru'ab on the other hand, means someone's
(sense of honour).46 Dabt,
capacity of hearing, retaining in his mind and understanding a riwayah
Abu Hanifah said: "No one should report
(transmitted report).47 Accordingly,
a hadlthunless one has retained it in his memory from the time that he had
heard ituntil the timethathe reports it".48'Addlahand dabt are requiredof all
hadlth transmitters on the ground that every report has the attribute of either

sidq (accuracy)or of kidb (inaccuracy)and the accuracy,which is essential to

any hadlth report, in part depends on these qualities being present in its
transmitters.49

the possible contradiction between what a rdwl

Concerning (transmitter
of a tradition)has reported and his fatawa (legal opinions) or his actions, in
theirrespectiveworks on mul (legal theory)al-Sarakhsiand al-Bazdawi explain
that thereare fourkinds of this type of contradiction.First, there is the case
where the transmitter denies the riwayahaltogether.Some fuqaha3, likeAbu

43
Abu Yusuf Ya'qub ibn Ibrahim al-Ansari, alRadd aid Siyar al-Awza% ed., Abu'l-Wafa' al
Afghani (Cairo: Ihya*al-Ma'arif al-Nu'maniyyah, n.d.), 23.
44
Al-Awza'i, Sunan aI-Awzd% 412.
45
Abu Yusuf, al-Radd aid Siyar al-Awza%, 23-4.
46
'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 743. See also al-Khatib al-Baghdadl, al-Kifdyahfi
'Urn al-R iwayah, 102.
47
'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 735-6.
48
Taqi al-Din ibn 'Abd al-Qadir, al-Tabaqdt al-Saniyyah,1: 112.
49
'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 728.

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ABU HANIFAH'S USE OF THE SOLITARY HAD/TH
267

Hanifah andAbu Yusuf, pointed out, on theone hand, that should thisbe the
case, his hadlth report cannot be considered authoritative. On the other hand,
Shafi'I andMuhammad ibn al-Hasan al-Shaybani still considered it to be an
authoritative legal source.50An example of such a report is the hadlth
transmittedby Sulayman ibnMusa on the authority of Muhammad ibn
Muslim Ibn Shihab al-Zuhri (d. 124/742),who received it from 'Urwah,who
heard it from 'A'ishah, that theProphet (peace be on him) said: "Whichever
wornan ismarriedwithout permission fromherwall (relative),hermarriage is,
invalid".51It is recorded thatwhen 'Abd al-Malik b. 'Abd al-'Aziz Ibn Jurayj
(d. 150/767) asked Zuhri about thehadlth,the latterdid not recognize it.Abu
Hanifah andAbu Yusuf, therefore,did not take thishadith into account. They
chose another hadlth instead, one that validates the marriage of a woman
without the permission of her wall. The hadlth says: "A widow is more
entitled to herself than her wall; and a virgin's permission ought to sought,
and her silence amounts to her
permission".52
A second kind of contradiction consists in the transmitter'sacting or
giving a fatwa in opposition to the hadlth thathe transmitted.In caseswhere
his action or fatwa is recorded as having taken place before he received the
hadlthconcerned,or ifthere is any doubt as to the sequence of events, then the
hadlth is considered to be authoritative.But if thefatwa or action took place
later,then thehadlththathe has reported isnot accepted as a legal source.This
is because the transmitter's or action in contradiction to his own report
ruling
indicates either that he is not reliable (thiqah), or that the hadlth was
presumably abrogated (mansukh)by some other hadlth.An example of such an
abrogated hadlth is the report on the authority of Ibn 'Umar that the Prophet

(peace be on him)would raisehis hands beforeperformingruku*(bowing) and

while gettingup from rukit. It is,however, recorded thatMujahid said that in
the course of the several years that he was associated with Ibn 'Umar, he never
saw the latter raise his hands in prayer even once except in takhlr at the

beginning of the prayer.53

The thirdkind occurswhen the transmitterspecifiesa part of thepossible
meanings (jnuhtamaldt)of the hadlth he reported.For example, Ibn 'Urnar

30
See Al-Sarakhsi, Usul al-Sarakhsi,2: 3; and 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,3: 124-5.
51
See Abu Dawud Sulayman ibn al-Ash'ath, Sunan Abi Dawud, ed.,Muhammad Muhy al-Din
'Abd al-Majld (Beirut: al-Maktaba al-'Asriya, n.d.), 2: 229; and Ahmad ibnHanbal, Musnad
Ahmad ibnHanbal (Beirut:Dar al-Fikr,n.d.), 6: 66.
52
See 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,3: 129-31;Muslim ibn al-Hajjaj al-Nisaburi, Sahih
Muslim, Kitab al-Nikah, Bab Isti'dhan al-Thayyib fl al-Nikah bi al-Nutq wa al-Bikr bi al-Sukut;
Abu Dawud Sulayman ibn al-Ash'ath, Sunan Abl Dawud, Kitab al-Nikah Bab fi al-Thayyib;
Abu 'IsaMuhammad ibn 'Isa al-Tirmidhi,Sunan al-Tirmidhi,Abwab al-Nikah 'anRasul Allah,
Bab Ma ja' fi Isti'mar al-Bikrwa al-Thayyib; and A-Khzwarizmi, Jdmi*al-Masdnid,2: 119.
53
Al-Sarakhsi, Usul al-Sarakhsi,2: 5-6; and 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,3: 132-4.

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 SAHIRONSYAMSUDDIN
268

narrated that theProphet (peace be on him) said: "The seller and buyer have
the right to rescind a transactionas long as they have not separated".This
hadlth has two possible meanings: (a) physical separation as Ibn 'Umar
understood it; and (b) separation of their statementsof offerand acceptance;
that is offer from one party and acceptance from the other. Although Ibn
'Umar's understandingof the hadlth is not in itselfauthoritative,the hadlth is
still regardedas sound. It is quite possible thatAbu Hanifah understocklthe
hadlth as having the secondmeaning, so thatwhen Yahya ibnAdam gave it
meaning, Abu Hanifah rejectedhis explanation. In otherwords, both
the first
recognized the authenticityof the hadlth,but theyunderstood itdifferently.54
On this point, one can say that Abu Hanifah, in some cases, did not interpret
the hadlth concerned in its literalsense,butwent beyond it in order tomake
sense of it.55 a fourth contradiction takes place when a transmitter
Finally,
refusesto act in accordancewith the hadlth that he reported. Such a hadlth,
therefore, cannot have a binding effect.56
Abu Hanifah's strictcriteria for the authenticityof solitary ahadlth, as
mentioned above, led to the rejection of many reports that are considered
sound by Abu Hanifah's contemporaries, such as the Syrian muhaddith al
Awza'i, and the Iraqi scholar, Ibn Abl Layla (d. 148/765), and a majority of
theMadinese lawyers.While the differencesbetween Abu Hanifah's legal
rulingsand thoseof al-Awza'I and IbnAbl Layla were compiled byAbu Yusuf
Abl Hanifah wa IbnAbl
in his books al-Radd aid Siyar al-Awzdfland Ikhtildf
Layla respectively,the differencesbetween Abu Hanifah and theMedinese
matters were collected in al-Shaybanl's work Kitdb al
lawyers regarding legal
Hujjah 'aidAhl al-Madlnah. It is quite likely that the criticismofAbu Hanifah
by his contemporaries stemmed, at least in part, from the differing views

regarding the position of solitary ahadlth. In our own opinion, the reason for
Abu Hanifah's rejectionofmany solitaryahadlthwas thathe accorded greater
importanceto the strongerevidences of theLaw such as theQur'an and the
more authentic ahadlth.What remains to be seen is whether or not Abu
Hanifah gave priority to qiyds over a solitary hadlth, when the two
contradicted one another on a
given point.

Solitary Traditions versus Qiyis

The issue of contradictionbetween a solitaryhadlth and qiyds has also been
discussed by many juristsof the Sunn! schools of law.Different opinions on
this point can be identified from the following accounts. Al-Tufi

54
Al-Sarakhsi, Usul al-Sarakhsi,2: 6-7; and 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,3: 135-37.
55
Goldziher, TheZdhiris, 18.
56
Al-Sarakhsi, Usul al-Sarakhsi, 2: 6-7; and 'Abd al-'Aziz al-Asrdr, 3: 135-137.
al-Bukhari,Kashf

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ABO HANIFAH'SUSE OF THE SOLITARYHADITH
269

(d. 716/1316), a Hanball jurist, in his SharhMukhtasar al-Rawdah, and Abu

Ishaq Ibrahim ibn 'All al-Shlrazi (d. 476/1083), a Shafi'I jurist,in his al-Wusul
itdMasd'il alUsiil, points out that a solitary hadithwhich has a sound sanad
(chain of transmission)must be preferredto qiyds.This view, they argue, is
based on a hadithon the authorityofMu'adh ibn Jabal, inwhich the sequence
of Islamic legal sources ismentioned. In this hadith ijtihdd (which, includes
qiyds)was listedbelow the sunnah.Other reasons forgivingpriority to hadith
over qiyds include the consensus of the Companions, and the consideration
that hadith represents the speech of a sinless person (al-ma'sum), i.e., the

Prophet.57On the contrary, Malik ibnAnas and his followerspreferredqiyds

to a solitaryhadithwhenever these contradictedone another.This is not only
because of the authoritativenessof qiyds as a legal source,but also because the
ittisdlal-sanad (theuninterruptednessof the chain of transmitters)
of the hadith
is not beyond doubt, given theprobability that at least one transmitterof the
hadithmay eitherhave liedormade amistake in reporting.58
Unlike the above scholars, theHanafi jurists,such as Abu'l-Hasan 'All
ibnMuhammad al-Bazdawi (d. 482/1089) and al-Sarakhsi,have pointed out
thatwhether or not a solitaryhadith is to be givenpriorityover qiydsdepends
on thequality of the hadith transmitters(rdwis).These transmitters,according
to them, are divided into two the first, al-ma'rufun, who are
categories:
comprisedof rdwisknown not only forbeing thiqah (reliable, i.e., on account
of their 'addlahand dabt), but also for theirfiqh (the capacity to understand
the subject-matterof the hadith); and the second, of the rdwiswho are
recognized to have only the caddlahand dabt, but who lackfiqh. As for al
majhulun, they are the rdwis who
are unknown apart from the one or two
ahddith that theymight have reported.Some of themajhulun are regardedas
as untrustworthy, some are debatable in terms of
trustworthy, and some while
their trustworthiness.59
There is no disagreement among the Hanafi jurists that the ahddith
reported by themaWufun,who are well-known for theirfiqh, such as the
?
rightlyguided caliphs Abu Bakr, 'Umar ibn al-Khattab, 'Uthman ibn 'Affan
and 'All ibnAbi Talib ? must be given preferenceover qiyds.The reasons
articulatedfor this are the same as those offeredby theHanball and Shafi'i
jurists,
as mentioned earlier.60 The Hanafi jurists, however, do not agree in

57
Sulayman ibn 'Abd al-Qawi al-Tufi, SharhMukhtasar al-Rawdah, ed., 'Abd Allah ibn 'Abd
al-Muhsin al-Turki (Beirut:Mu'assasat al-Risalah, 1988), 2: 239-40; and al-Shirazi, al-Wusul> 2:
103-4.
58
Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 699-700.
59
See 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 697; and al-Sarakhsi,Usul al-Sarakhsi, 1: 338.
60
See 'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 698-700; and al-Sarakhsi,Usul al-Sarakhsi, 1:
339.

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 SAHIRONSYAMSUDDIN
270

regard to the ahadith reported by themarufun who, notwithstanding their

piety, are not renowned for their comprehension of legalproblems likeAbu
Hurayrah and Anas ibnMalik. According to Isa ibnAbban (d. 221/836), a
Hanafi jurist,understanding (fiqh)of hadithmaterials, in addition to 'adalah
and dabt, is requiredof the rawis before givingpreference to the ahadith they
reportedover qiyas. This is due to the fact that therewere many rawiswho
were able to convey
only the meaning of a statement, and were unable to

report it verbatim. It is obvious that in so doing the rawis3 capability of

understanding counted for a lot. Conversely, for Abu'l-Hasan al-Karkhi

(d. 340/952), the capacity for understanding the contents of ahadith is not
on that, in spite of riwayah hi al-ma'nd, the alterations made
required grounds
by the rawiswho were trustworthy would not have affectedthemeaning of
the hadith in anyway.61On thispoint, al-Bazdawi and al-Sarakhsi seemed to
combine the two opinions, saying:

If the [solitary]hadithreportedby thema'rufwho lacked the capacityof

understanding (al-fiqh), supports the qiyas, the hadith must be accepted. And if
the hadith contradicts it, it should still be preferred except in the event of
darurah, i.e., where there are no grounds for sound reasoning to support the
hadith?2

Giving priority to the solitaryhadithover qiyaswas actually the practice

of the earlier jurists,such asAbu Hanlfah, Abu Yusuf andMuhammad ibn al
Hasan There are many of Abu Hanifah's
al-Shaybani.63 examples application
of the above doctrine.He employed the solitary ahadith reported by Abu
Hurayrah and Anas ibnMalik in giving several legal rulings.One of these
concerns the validity of fasting for someone who eats or drinks out of nisyan
On
(forgetfulness). this point, the implicationsof, hadith and qiyas, seem to
contradict one another. On of qiyas, it can be argued that since any
grounds
%adah (obedience toGod) without the completion of its rukn (basic element)
is invalid,thiswould also apply to anyonewho eats out of forgetfulnesswhile
one is fasting.64On the other hand, the following statementof the Prophet
(peace be on him) has been reported by Abu Hurayrah: "Whoever forgets,
while fasting,and eats or drinks,he should completehis fasting.Indeed, [when
he ate or drank out of forgetfulness] it isGod who provided food or drink to

61
See 'Abd al-'Aziz al-Bukhari,Kashfal-Asrar, 2: 707.
62
'Abd al-'Aziz al-Bukhari,Kashf al-Asrar,2: 702. Cf. al-Sarakhsi,Usul al-Sarakhsi, 1: 340-2.
63
See 'Abd al-'Aziz al-Bukhari,Kashf al-Asrar,2: 704 and 708; al-Sarakhsi,Usul al-Sarakhsi, 1:
342.
64
See Abu Yusuf, IkhtildfAhiHanifah, 135;Muhammad ibn al-Hasan al-Shaybani,Kitah al-Hujja
aid Ahl al-Madinah, ed., Mahdl Hasan al-Kaylani (Haydarabad: Matba'at al-Ma'arif al
Sharqiyyah, 1965), 1: 391.

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 HADITH
ABU HANIFAH'S USE OF THE SOLITARY
271

him".65This led Abu Hanifah to accept the validity of a fastwhich was

In connectionwith this issue,Abu
apparently interruptedby forgetfulness.66
Hanifah said: "If therewere no such hadith,Iwould have decided on the basis
of qiyds"? Itwould be evident from this that although the hadith thatwas
reportedby a non-faqihrawt contradictedthe rulingarrivedat by recourse to
qiyds,the former was stillpreferable.
However, according to Bazdawi and Sarakhsi, the solitaryhadith reported
by a non-faqihmaruf rawiwould be given priority over qiyds only in case
there is a measure of sound reasoningwhich backs up the hadith,namely that
there is anotherkind of qiydswhich is in accordancewith the hadith!3*But if
there occurs what has been termed as insidddbdjpal-ra'y that is,when the
content cannot be sustainedat all by human reason, then thedecision reached
by recourse to qiydswill be preferred.An example in this regard is affordedby
the case of al-tasriyah(leaving offmilking an animal)mentioned in a hadith
thatwas transmittedby Abu Hurayrah. It tellsus that theProphet (peace be
on him) said: "Avoid al-tasriyah(leavingoffmilking)with respectto a camel or
a sheep (in order thatmilk remains in theirudders).Whoever buys such an
animal afteral-tasriyahhas the right to rescind the transactionaftermilking
them. Ifhe is satisfied,he keeps them; and ifnot, he may returnthem (to the
owner), andmake up for themilk with one sa (a cubicmeasure) of dates".69
This hadith,which allows the option to rescind a transactionand guarantees
that the sellerwould receive in lieu of themilk thathas been consumed by the
buyer by returningto the sellerone sdcof dates. According to Bazdawi and
Sarakhsi,however, this hadith is not authenticbecause it contradictsa sound
qiyds that is derived from theQur'an (2: 194),70other ahddith,and an i]ma,
to guarantee an in this case one sd(
which order Muslims things for equal value;
On thispoint, Abu Hanifah and his prominent
of dates being insufficient.71
pupils, Abu Yusuf and Shaybani, had a differenceof opinion. The latter

65
Muslim ibn al-Hajjaj, SahihMuslim, Kitab al-Siyam,Bab Akl al-Nasiwa Shurbuh.
66
See also al-Shaybani,Kitab al-Hujjah aid Abl al- Madinab, 1: 393-95. Al-Shaybani also
mentions other Companions, namely 'All ibn Abi Talib and 'Alqamah ibn Qays, as the
narratorsof thishadith.
67
See al-Shaybani,Kitab al-Hujjah aid Ahl al-Madinah, 1: 392; and 'Abd al-'Aziz al-Bukhari,
Kashf"al'Asrdr,2:70%.
68
See 'Abd al-'Aziz al-Bukhari,Kashf alAsrdr, 2: 702.
69
Muhammad ibn Isma'il al-Bukhari,Sahih al-Bukhari,Kitab al-Buyu',Bab al-Nahy li al-BaT an
la yahfal al-Ibilwa al-Baqar wa al-Ghanam ...;Muslim ibn al-Hajjaj, SahihMuslim, Kitab al
Buyu', Bab Hukm Bay* al-Musarrah;Abu Dawud Sulayman ibn al-Ash'ath, Sunan Abi Ddwiid,
Ishtara Musarratan fa Karihaha.
Kitab al-Buyu', Bab Man
70
The verse says: a... So if you are oppressed, those who you to the same
oppress oppress

degree...w
71
'Abd al-'Aziz al-Bukhari,Kashf al-Asrdr,2: 704-5.

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 SAHIRONSYAMSUDDIN
272

considered the above hadith to be authentic, as can be seen from their

employmentof itwhen dealingwith theproblem of khiyar.72
Concerning the solitaryahadith reportedby theCompanions who were
not well-known, such as Fatimah bintQays, Wabisah ibnMa'bad, Salmah ibn
al-Muhbiq andMa'qal ibn Sinan, theHanafi juristsare agreed that these are
not accepted iftheycontradictsound qiyds,because their ittisdl(uninterrupted
transmission)from theProphet (peace be on him) ishighly suspect.Examples
abound of the rejection, by Hanafi jurists,of traditions in favour of sound
qiydsby otherCompanions and theirSuccessors.An example in this regard is
the hadith transmittedby Fatimah bintQays (the complete report has been
quoted above in the discussion of Abu Hanifah's attitude towards solitary
hadith), tellingthat theProphet (peace be on him) had decided that she,who
was divorced three times by her husband, was not entitled to nafaqah
(maintenance). Her report was, however, rejected by 'Umar ibn al-Khattab,
who considered it to be opposed to,what might be termed as a sound qiyds
derived from theQur'an (65: 1 and 6). Accordingly, he said: "We do not
abandon theBook ofGod and the sunnahof theProphet (peace be on him) so
as to report a woman about whom we do not know whether she is truthful or
a liar, and whether she remembers or or sees]".73
forgets [what she hears

Conclusion

The evidence available to us leads us to conclude that the impression about

Abu Hanifah paid scant attentionto solitaryahadith, let alone ahadith as such,
is not correct.The fact is that he employed only those ahadithwhich he
considered to be in agreement with the stronger evidence of the Qur'an and
the other better authenticated ahadith. In other words, Abu Hanifah's

rejectionofmany solitaryahadithwas on grounds that theydid notmeet the

criteria for the acceptance of ahadith which he considered necessary in
assessing their authenticity.Abu Hanifah preferred those solitary ahadith
which ware reportedby rdwisknown to have the religionsandmoral qualities
expressedby the term 'addlah and the intellectualcapacity called dabt to the
decisions arrivedat by recourse to qiyds.Another importantpoint is that there
was considerable disagreement among the juristsof the early centuries of
Islam, even among the juristsof the same madhhab, as regards theways of
assessing the authenticity of ahadith as a source of legal doctrines.

# # #

72
See Abu YusufyJkhtildfA hiHanifab, 16; and al-Khawarizmi,JamVal-Masanid, 2: 25.
73
See 'Abd al-'Aziz al-Bukhari,Kasbf al-Asrdr,2: 706-24; and al-Sarakhsi,Usul al-Sarakhsi, 1:
342-45.

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