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A forgotten copy of Abū Muḥammad al-Yamanī’s Mukhtaṣar fī ‘aqā’id al-thalāth wa-sab‘īn firqa ascribed to the Imam al-Ghazālī: A case of mistaken identity or of an outright forgery? Ismail K. Poonawala* University of California – Los Angeles (UCLA) Abstract In his 1929 article “Muslim Heresiography,” Helmut Ritter revealed the existence of a ms. entitled ‘Aqāʾid al- thalāth wa-sab‘īn firqa in ‘Āṭif Efendi library by Abū Muḥammad al-Yamanī. It was composed in 540 A.H. The author had access to genuine Bāṭinī/Ismā‘īlī works and it contains the most elaborate refutation of the Ismā‘īlī doctrines known so far. Muḥammad al-Ghāmidī edited this ms., transcribed in 1095 A.H., collated with another copy, derived from the same ms. Recently, I discovered another copy of it, ascribed to al-Ghazālī, in the library of Āstāna-i Quds, transcribed in 793 A.H. Thus, this copy is three centuries older than the ‘Āṭif ms. and is more reliable. Keywords Abū Muḥammad al-Yamanī, ‘Aqāʾid al-thalāth wa-sab‘īn firqa, Āstāna-i Quds, al-Ghazālī, ‘Āṭif Efendi, Bāṭinīs, Ismā‘īlīs , Kitāb al-firaq wa-al-tawārīkh, heresiography. Résumé Dans son article de 1929 “Muslim Heresiography”, Helmut Ritter a révélé l’existence d’un texte manuscrit d’Abū Muḥammad al-Yamanī, intitulé ‘Aqāʾid al-thalāth wa-sab‘īn firqa, conservé dans la bibliothèque ‘Āṭif Efendi. Il a été composé en 540H. L’auteur a eu accès aux œuvres bāṭinītes/ismaéliennes. Le texte contient l’une des réfutations les plus élaborées des doctrines ismaéliennes connues. Muḥammad al-Ghāmidī a édité ce ms., copié en 1095 H, à l’aide d’une autre copie, dérivée du même ms. Récemment, j’en ai découvert une autre copie, attribuée à al-Ghazālī, datant de 793 H, dans la bibliothèque Āstāna-i Quds. Cette copie est donc plus ancienne que le ms. ‘Āṭif de quelque trois siècles et est bien plus fiable. Mots clés Abū Muḥammad al-Yamanī, ‘Aqāʾid al-thalāth wa-sab‘īn firqa, Āstāna-i Quds, al-Ghazālī, ‘Āṭif Efendi, Bāṭinītes, Ismaéliens, Kitāb al-firaq wa-al-tawārīkh, hérésiographie. I. Introduction In his article “Philologika III: Muhammedanische Haresiographen,” Helmut Ritter revealed the existence of a ms. in ‘Āṭif Efendi (no. 1373) entitled Mukhtaṣar fī ‘aqā’id al-thalāth wa-sab‘īn 1 firqa by a previously unknown author Abū Muḥammad [al-Yamanī].1 Ritter noticed that the section dealing with the Abbasid caliphs concluded with the name of al-Muqtafī. The author stated: “Then after him Muḥammad al-Muqtafī li-Amr Allāh succeeded, at this time of ours, the year five hundred and four.” Al-Muqtafī’s reign began in 530/1136 and ended in 555/1160.2 Hence, Ritter suggested that the date 504 must be a scribal error for 540/1145-46. Ritter’s suggestion is confirmed by the text of this newly discovered ms. (fol. 51 recto).3 The colophon at the end of the ‘Āṭif Efendi ms. stated that it was copied by Ibrāhīm b. Mullā Badrī on Jumādā I, 25, 1095/[May 9, 1684].4 On the other hand, the ms. in the Kitābkhāna-i Āstāna-i Quds was transcribed on Friday Dhū al-qa‘da, 6, 793/[Oct. 6, 1391]. Hence, this newly discovered ms. is not only three centuries older than the ‘Āṭif ms. but also more reliable. Ritter also observed that the true significance of the ‘Āṭif ms. consisted in its detailed description of the Bāṭinī [i.e. Ismā‘īlī] belief system derived from a number of authentic Bāṭinī works, such as [Kitāb al-]Iftikhār of Abū Ya‘qūb al-Sijistānī (d. after 361/971), an anonymous [Kitāb al-]Ajwiba given to the questions raised by ‘Alī b. Muḥammad al-Ṣulayḥī (d. 459/1067), Shajarat [as is in the ms., and cited by Ritter] al-dīn wa-burḥān al-yaqīn by Abū Tammām (lived during the first half of the fourth/tenth century), and [Kitāb al-]Iṣlāḥ of Abū Ḥātim [al-Rāzī] (d. 322/934-35). Ritter further added that the author of this work was of Yemenī origin and well acquainted with the history of the Qarāmiṭa [i.e. the Bāṭinīs] in that country.5 It should be noted * I would like to thank Anne Regourd for her careful reading, comments and suggestions that has improved the format. 1 Helmut Ritter, “Philologika III: Muhammedanische Häresiographen,” Der Islam, vol. 18 (1929), pp. 34-54. The author and his book are described on p. 47. A copy of this ms. was acquired by the library of the University of Indiana as stated by Wilferd Madelung & Paul Walker, An Ismaili Heresiography: The ‘Bāb al-shayṭān’ from Abū Tammām’s Kitāb al-shajara, Leiden, E.J. Brill, 1998, pp. 6-7, n. 9. 2 H. Ritter, ibid., p. 47. See also Clifford Edmund Bosworth, The New Islamic Dynaties: A chronological and genealogical manual, New York, Columbia University Press, 1996, p. 6. 3 It states: The errors should be noted in the printed edition of the ‘Āṭif ms., vol. 1, p. 233 (for its details see n. 8 below). The year is 504, and instead of Aḥmad al-Musta‘īn (d. 252/866, see C.E. Bosworth, The New Islamic Dynasties, p. 6) it has Aḥmad al-Mustanad. 4 It is very strange that the editor al-Ghāmidī (see note 8) completely omitted the colophon from the end of the text as if it was insignificant. He simply mentioned the date and the copyist briefly in the description of the ms. in the introduction. 5 H. Ritter, “Philologika III: Muhammedanische Haresiographen,” p. 47, stated: “Die Schrift enthält neben vielen bekannten auch manches, was man sonst nicht findet. Ihr eigentlicher Wert besteht aber in der ausführlichen Darstellung des Lehrsystems der Bāinīje, die noch dadurch an Bedeutung gewinnt, daß sie wörtliche Auszüge aus bāṭinidischen Schriften gibt, so aus dem iftiḫār des abū [sic] Ja‘qūb as-Siğistānī (…) der mas’ala des abū Ḥusain ibn at-??, [sic] den Responsen auf dies Anfragen des ‘Alī b. Muḥ. aṣ-Ṣailahi (?) [Ṣulayḥī] eines ihrer 2 that this heresiography contains the most elaborate and profound refutation of the Bāṭinīs [Ismā‘īlīs]. It is therefore more valuable than those written by Abu al-Qāsim al-Bustī (d. ca 420/1030)6 and al-Ghazālī (d. 505/1111).7 Al-Yamanī’s critique is worthy of examination but beyond the scope of this article and will be treated in a separate study to follow. II. Tribulations of a manuscript The ‘Āṭif ms. (as described by Ritter) was edited and collated with another copy preserved in the King Sa‘ūd University [Library] in Riyāḍ (no. 704), by Muḥammad b. ‘Abdallāh Zarbān al- Ghāmidī.8 The editor stated that the latter copy was most probably copied from the ‘Āṭif ms.; however, he failed to support his presumption with any specific evidence. He added that a third copy of this ms. was located in the Awqāf Library, Baghdad, transcribed by Muḥammad Thābit al-Alūsī in 1309/1891-92, but the editor was unable to obtain a photocopy for the preparation of his critical edition.9 The editor should be commended for making this important heresiographical work available to the scholarly readers and amending many major and minor scribal errors and providing copious explanatory notes with a brief introduction. But it is obvious from his comments that the editor held very rigid orthodox (Wahhābī) views and lost his objectivity in his numerous comments. In short, the Ismā‘īlīs, for al-Ghāmidī, were a misguided sect (firqa ḍālla); hence they deserved nothing but condemnation. Recently I obtained a photocopy of a ms. preserved in the Kitābkhāna-i Āstāna-i Quds [i- Razavī, Mashhad] entitled Kitāb al-firaq wa-al-tawārīkh (The book of heresiography and histories). It is ascribed to the Imam, Ḥujjat al-Islām, Muḥammad b. Muḥammad b. Muḥammad Missionare im Jemen, der šağarat ad-dīn waburhān al-jaqīn des Abū Tammām, dem iṣlāḥ des Abū [sic] Ḥātim. Da der Verfasser besonders gut mit der Geschichte der Karmaten im Jemen vertraut ist, liegt es nahe, an jemenischen Herkunft zu denken.” 6 Samuel Miklos Stern, “Abū’l-Qāsim al-Bustī and His refutation of Ismā‘īlism,” Journal of the Royal Asiatic Society (JRAS), 1961, pp. 14-35; republished in his Studies in Early Ismā‘īlism, Jerusalem, The Magnes Press, 1883, pp. 299-320. 7 Al-Ghazālī, Faḍā’iḥ al-Bāṭiniyya or al-Mustaẓhirī, ed. ‘Abd al-Raḥmān Badawī, Cairo, al-Dār al-qawmiyya li-al- ṭibā‘a wa-al-nashr, 1964; al-Ghazālī is refuted by ‘Alī b. Muḥammad b. al-Walīd, Dāmigh al-bāṭil wa-ḥatf al- munāḍil, ed. Muṣṭafā Ghālib, Beirut, Mu’assasat ‘Izz al-Dīn, 1982, 2 vols. See also Henry Corbin “The Ismā‘īlī Response to the Polemic of Ghazālī,” in Sayyid Husein Nasr (ed.), Ismā‘īlī Contributions to Islamic Culture, Tehran, Imperial Iranian Academy of Philosophy, 1977, pp. 67-98; Ismail Kurban Poonawala, “An Ismā‘īlī th Refutation of al-Ghazālī,” in Proceedings of the 30 International Congress of Human Sciences in Asia and North Africa, held in Mexico City, Mexico, 1976, Mexico, 1982, Middle East, vol. 1, pp. 131-34. 8 Al-Yamanī, Abū Muḥammad, ‘Aqā’id al-thalāth wa-al-sab‘īn firqa, ed. Muḥammad b. ‘Abdallāh Zarbān al- Ghāmidī, Madina, Maktabat al-‘ulūm wa-al-ḥikam, 1414/1993-94, 2 vols. Originally, it was presented as a PhD dissertation to the Islamic University in Medina. The list of sources is inaccurate. A reference to Suhayl Zakkār’s Akhbār al-Qarāmiṭa, Damascus, 1980, in vol. 1, p. 4, is misleading. Zakkār neither cited nor referred to al-Yamanī’s work. 9 Ibid., p. 29. 3 al-Ghazālī [al-]Ṭūsī. The Library catalog entry given at the beginning of the ms. noted the following in Persian: [the word is scratched] It is followed by a seal mark (that also appears on the title page and at the end of the colophon): The title page is framed within a rectangular (triple double sided boarder) and states [fig. 2]: 4 It was transcribed for the grand and venerable vizier Jamāl al-Dīn Muḥammad b. Ibrāhīm al- Shāwadī. We do not have any information about him and the dynasty he served. 11 It seems that following the fall of that dynasty the ms. changed hands several times. Hence, diagonal lines were drawn on the last three lines (from the above description) to remove any affiliation with the vizier and the dynasty that he served. As the ms. passed from one owner to the next we find at least five notes of possession in Arabic on the top, left, and bottom margins of the front page [see fig. 1]. A note on the top states that it [i.e. this ms.] became the property of the Mahdawī Library (al-Khizāna al-mahdawiyya) in the month of Shawwāl 1126/[Oct. 1714].12 The ms. was cataloged and its physical characteristics were briefly described by Aḥmad Gulchīn.13 He also noted that it was purchased by the Library [i.e. Āstāna-i Quds] in the month of Mihr [7th month of the Iranian calendar] 1329/[June 1911]. III. Questions of Authorship It is difficult to surmise why, when, and by whom it was ascribed to a well-known figure in Islamic history, namely Abū Ḥāmid Muḥammad b. Muḥammad b. Muḥammad al-Ghazālī al- Ṭūsī. Was it a unique case of mistaken identity or an outright forgery? The answer could be, either a false identity or a counterfeit ascribed to a famous personality for authenticity and importance. The false ascription of a book to a famous author is not a new phenomenon in any society including the Muslim society. Before the invention of printing press, when handwritten copies of a book were few in circulation, it was common to find works falsely ascribed to a famous scholar. A person of unorthodox views, like the Pseudo-Dionysius, assigned his works to one with excellent reputation to avoid censorship. Another example is that of Plotinus’s Enneads (parts IV-VI) which got labelled as was the Arabic translation entitled Aristotle’s Theologia.14 Many spurious works were ascribed to al-Ghazālī. Ignaz Goldziher and Miguel Asin Palacios 10 In the ms.: . 11 In a private communication with Prof. C.E. Bosworth he informed me that he had not come across the name of the vizier, but suggested that as he was a contemporary of the copyist and may have been a vizier of some local dynasty like the Muẓaffarids (r. 713-95/1314-93) who ruled southern and western Iran or the Sarbadārids (r. 737-88/1337- 86) who ruled western Khurāsān. See also C.E. Bosworth, The New Islamic Dynasties, pp. 264-65, 269. 12 It reads: 1126 13 Fihrist-i kutub-i khaṭṭī-yi kitābkhāna-i Āstān-i Quds-i Razavī, vol. 7 (part 1), compiled by Aḥmad Gulchīn Ma‘ānī, Mashhad, Chāpkhāna-i Ṭūs, 1346 Shamsī, pp. 143-44. 14 See Jill Kraye et al. (eds.), Pseudo-Aristotle in the Middle Ages, London, The Warburg Institute, University of London, 1986. 5 have warned us that all the works ascribed to al-Ghazālī were not genuine.15 In his article “A Forgery in al-Ghazālī’s Mishkāt,” Montgomery Watt demonstrated that the ‘Veils-section’ of Mishkāt al-anwār is a forgery.16 He argued that the contrast between that section and the rest of the Mishkāt is glaring. He concluded that the alleged traces of Neoplatonism in al-Ghazālī’s thought avail nothing to soften that contrast. On the other hand, Frank Griffel noted that a ms. of al-Ghazālī was ascribed to the latter’s son. He stated: “A manuscript of one of his legal works copied two years after al-Ghazālī’s death in 507/1113 contains an ijāza 17 issued by a Muḥammad al-Ghazālī who, if he existed, may have been the author’s son.” Griffle added that there was very little or no information about al-Ghazālī’s children. His kunya “Abū Ḥāmid” did not necessarily mean that he had a son by the name Ḥāmid. In his al- Ghazālī’s Philosophical Theology, Griffel, who freshly examined the life and thought of this great thinker based on the latest scholarship and newly discovered sources, stated: “There is no information as to what became of al-Ghazālī’s children. ‘Abd al-Ghāfir al-Fārisī [d. 529/1134, a colleague of al-Ghazālī] provides the information that he had only girls. There was, in fact, no prominent male 18 descendent of al-Ghazālī, at least not someone who merited mention in the biographical dictionaries.” Griffel, therefore, dismisses the information contained in the Yale University ms. as merely a forgery intended to increase the manuscript’s market value. As noted above an almost identical ascription appears on the ms. of Āstāna-i Quds. I think, the above attribution is a testimony of fake ascription simply to boost the importance of the ms. as well as its patron for whom it was transcribed. However, there were certain features in this ms. that might have prompted a cunning and resourceful person to forge the identity that of a genuine work of al-Ghazālī. Unfortunately, the author of the Mukhtaṣar or ‘Aqā’id al-thalāth wa-sab‘īn firqa did not reveal his true identity except assuming an anonymous kunya Abū Muḥammad for reasons explained below. Muḥammad and Abū Muḥammad go a long way in confusing the real identity of a person. Moreover, al-Ghazālī had also written a long refutation of the Ismā‘īlīs/Bāṭinīs known as al- Mustaẓhirī or al-Faḍā’īḥ al-Bāṭiniyya and so the one who forged the attribution of this ms. to the latter must have been very clever.19 One might add that perhaps the vizier serving the dynasty was facing stubborn opposition from various religious and ethnic groups and that this ms. falsely 15 2 W. Montgomery Watt, “al-Ghazālī”, EI , states that there is a great difficulty in the study of al-Ghazālī’s thought because several works have been attributed to him which he did not write. See also W. Montgomery Watt, “The Authenticity of the Works Attributed to al-Ghazālī,” JRAS, 1952, pp. 24-45. Full citations of the works by Ignaz Goldziher and Miguel Asin Palacios are given by W. Montgomery in his aforementioned articles. 16 W.M. Watt, “A forgery in al-Ghazālī’s “Mishkāt,” JRAS, 1949, pp. 5-22. Authorship issues are raised because Abū Ḥāmid’s brother, Aḥmad al-Ghazālī, wrote some mystical works. I would like to thank Anne Regourd for bringing this article to my attention. 17 Ibid., p. 59. The ijāza is to be found in a ms. Yale University, Beinecke Memorial Library, Landberg 318, fol. 230a. The ijāza was issued by “Muḥammad b. Muḥammad b. Muḥammad al-Ghazālī al-Ṭūsī.” See Leon Nemoy, Arabic Manuscript in the Yale University Library, New Haven: Yale University Press, 1956, p. 109, no. 999 as cited by Frank Griffel, Al-Ghazālī’s Philosophical Theology, Oxford, Oxford University Press, 2009, p. 59, 305, n. 263. 18 F. Griffel, ibid. 19 Abū Ḥāmid al-Ghazālī, al-Faḍā’īḥ al-Bāṭiniyya. 6 attributed to Imam al-Ghazālī might have served the purpose of imposing a strict orthodox Sunnī doctrine on the populace. IV. Who is Abū Muḥammad al-Yamanī? The next important question is: What do we know about the actual author Abū Muḥammad al- Yamanī? May be a little material exists on him. He is mentioned by two Yemenī authors. The first is a Ḥanbalī Abū al-Faḍl ‘Abbās b. Manṣūr al-Saksakī (d. 683/1284-85). In his al-Burhān fī ma‘rifat ‘aqā’id ahl al-adyān (The Guide to information of the tenets of the people of faith) he copied most of his information on al-Yamanī’s background from one of his books, especially concerning the Bāṭiniyya/Ismā‘īlīs from al-Yamanī and referred him only by his kunya.20 The second is ‘Abd Allāh b. As‘ad al-Yāfi‘ī (d. 768/1366-67). In his Marham al-‘ilal al-mu‘ḍila (Ointment for chronic diseases), he relied on al-Yamanī’s work. Regrettably, al-Ghāmidī is not clear whether al-Yamanī is mentioned explicitly by al-Yāfi‘ī or not. Al-Ghāmidī then added that Muḥammad b. Abī Bakr al-Wā‘iẓ summarized the portion about the sects [from al-Yāfi‘ī’s book] copied from al-Yamanī’s book—but he did not refer the latter by his kunya, rather alluded to him by stating: “Some author of this genre [i.e. heresiography] from the scholars of Yemen, said.”21 The book was compiled in 540/1145-46 as stated above. The most probable reason one can surmise for the author not revealing his true identity was that he was afraid of reprisal from his Ismā‘īlī neighbors. Looking at the historical background of Yemen at that time one can conclude that although the Ismā‘īlī political power was in decline they were still capable of mounting a successful counter attack.22 The author’s critique of Ismā‘īlī doctrines—the most elaborate of its kind—as indicated by Ritter was based on authentic Ismā‘īlī works that were accessible to him. How the author was able to get access to those highly guarded secret works remains a mystery. Did he disguise himself as an Ismā‘īlī? One cannot answer those questions with certainty. However, referring to the Ismā‘īlīs he stated: “I am well-acquainted with them because of the proximity of residence and also due to my copious reading of their repugnant books. I understood their meaning and allusions that lead to annulment of the sharī‘a.” The above statement is followed by an impressive list of authentic Ismā‘īlī books he was able to consult.23 It clearly implies that the author lived in close vicinity of the Ismā‘īlīs, perhaps in the Ḥarāz region; hence he had to be prudent for his own safety. This was probably the reason 20 Al-Yamanī, ‘Aqā’id al-thalāth wa-al-sab‘īn firqa, p. 1. 21 Ibid., p. 1. The Arabic reads: 22 See Ḥusayn Fayḍallāh al-Hamdānī, al-Ṣulayḥiyyūn wa-al-ḥaraka al-Fāṭimiyya fī al-Yaman, Cairo, Maktabat Miṣr, 1955, ff. 232. 23 The edited text, pp. 512-13 of al-Yamanī, ‘Aqā’id al-thalāth wa-al-sab‘īn firqa, reads: 7 why he did not divulge his actual identity and used the anonymous kunya Abū Muḥammad. As for his own beliefs, no doubt, he held a very strict orthodox Sunnī faith, yet he was well acquainted with the Ismā‘īlī doctrine. It is quite evident from his work and this aspect is elaborated by al-Ghāmidī in the introduction as he explicated the socio-political circumstance through which Yemen was passing at that time.24 V. Āstāna-i Quds ms. It is an excellent copy transcribed, as stated on the title page for the vizier, that is three centuries older than the ‘Āṭif copy. The colophon states that it was transcribed in 793/1391, however without the name of the copyist. It reads: [fig. 7] The Arabic text on the inside page of the ms., following the title page, begins with basmala, ḥamdala and taṣliya without the title and the author’s name. Let me cite below the first two paragraphs which resemble very closely to the printed text. It begins: 24 See his introduction, pp. 4-13. 25 The ms., has , which is incorrect. 26 Apparently the word looks like in the ms. because the letters alif and raʾ are mixed up. 27 In the ms. the letter raʾ appears as dāl. 28 The ms. reads: 29 It is a corrected reading in the margin. The original text reads: . 30 Ink has faded over this word. 31 Ink has faded over this phrase. 8 4 35 .[fig. 3]“ … In short, the Āstāna-i Quds ms. is a better copy of Abū Muḥammad al-Yamanī’s ‘Aqā’id al- thalāth wa-sab‘īn firqa and it needs to be critically re-edited based on this ms. It consists of 190 fols., or 381 pages (that include two pages before the title page and an extra page added in a different hand after the completion of the ms.). It is written in a clear naskh without vocalization. It is rubricated, but most of the words are without diacritics and vowel marks. The number of lines varies per page from a minimum of eighteen to a maximum of twenty-four; but most pages contain twenty-one lines. There are several comments in the margins written in a different hand than the scribe. Most of the corrections are indicated by the letters while other corrections are indicated by the letter i.e. conjecture A few times corrections are located above the words rather than in the margin/s. At times missing words are added in the margins. The division of the ms. and the sequence remain the same as in the printed version. Before concluding this article let me reproduce one section from this newly discovered ms. (cited as Āstāna) about the Ismā‘īlīs wherein the author cites a number of Ismā‘īlī works. The text of this ms. is certainly superior to that of the ‘Āṭif ms., namely the edited text. Variant readings from the edited version (by al-Ghāmidī) are indicated in the notes with the word: ‘Edn.’ Annotated text edition 32 The ms. reads: . 33 The ms. reads: . 34 This is how it is written in the ms. I think it is incorrect. In the edited text it reads as follows: 35 The ms. reads: . The above passage begins on fol. 4 recto and continues on verso. 36 In Āstāna ms. this section begins on fol. 116 recto, while in Edn it starts at vol. 2, p. 512. 9 fol. 116 recto 37 Edn: 38 is dropped in Edn and has . 39 Instead of in Edn: . 40 Edn: 41 In ‘Āṭif ms. it was , but the ed. corrected it from another ms. 42 Edn: . 43 Writing in Āstāna ms. resembles . 44 We do not know what the author means by al-awwal and the ed. did not explain it. Generally, the author gives the name of the poet or says: 45 Edn: … 46 It seems that some words are missing or that it is a scribal. Edn: . 47 : missing from the Edn. 48 : missing from the Edn. 49 Edn: . 10 50 In ‘Āṭif ms.: while in the other ms.: . 51 Edn: 52 Edn: 53 It is by Abū Ya‘qūb al-Sijistānī and ed. by I.K. Poonawala, Beirut, Dār al-gharb al-islāmī, 2000. See also id., Biobibliography of Ismā‘īlī Literature, Malibu (CA.), Undena Pub., 1977, pp. 82-9. 54 This is how it is in ‘Āṭif ms., while in Edn: . We do not know anything about it. 55 It is difficult to know the author because there are several works by such title, see I.K. Poonawala, Biobibliography, p. 103, 144, 320. 56 We do not know anything about it, see ibid, p. 320. 57 Concerning its printed editions, see id., “Why We Need an Arabic Critical Edition with an Annotated Translation of the Rasā’il Ikhwān al-Ṣafā’” in Nader El-Bizri (ed.), The Ikhwān al-Ṣafāʾ and their Rasā’īl: An Introduction, Oxford, Oxford University Press in association with The Institute of Ismaili Studies, 2008, pp. 33-57. The critical edition in Arabic with annotated English translation is in the process of publication by the Oxford University Press in coordination with The Institute of Ismaili Studies in London and several volumes have been already published. 58 Nothing is known about it, see id., Biobibliography, p. 320. 59 It is ascribed to the Fāṭimid Imam-Caliph al-Mu‘izz, see ibid., p. 65. 60 It is by al-Qāḍī al-Nu‘mān, see ibid., p. 67. 61 Nothing is known about it, see ibid., p. 316. 62 It is mentioned by Ḥasan b. Nūḥ al-Bharūchī, Kitāb al-Azhār, vol. 1, ed. by ‘Ādil al-‘Awwā, in Muntakhabāt ismā‘īliyya, Damascus, Syrian University Press, 1958, pp. 181-250. See also I.K. Poonawala, Biobibliography, p. 317. 63 is dropped from the Edn. It is edited and translated by W. Madelung & P. Walker, “The Kitāb al-Rusūm wa-al-izdiwāj wa-al-tartīb, attributed to ‘Abdān,” in Omar Ali-de-Unzaga (ed.), Fortresses of the Intellect: Ismaili & other Islamic Studies in Honour of F. Daftary, London, I.B. Tauris, 2011, pp. 103-66. 64 : is dropped from Edn. Kitāb al-Iṣlāḥ, by Abū Ḥātim Aḥmad al-Rāzī, ed. by Ḥasan Mînûchehr, prepared for publication by Mehdî Moḥaghegh and English Introduction by Shin Nomoto, Tehran, University of Tehran, 2004. See also I.K. Poonawala, Biobibliography, pp. 36-9. 65 It is probably Kitāb al-Shajara by Abū Tammām or Kitāb Shajarat al-yaqīn, by ‘Abdān, ed. by ‘Ārif Tāmir, Beirut, Dār al-āfāq al-jadīd, 1982. See also W. Madelung & P. Walker, An Ismaili Heresiography: The ‘Bāb al- shayṭān’ from Abū Tammām’s Kitāb al-shajara. 66 Nothing is known about it, see I.K. Poonawala, Biobibliography, p. 319. 67 It is by Abū al-Ḥasan Muḥammad al-Nasafī, see ibid., p. 42; for the reconstruction of its contents see the English Introduction to al-Sijistānī’s Kitāb al-Maqālīd al-malakūtiyya, see n. 61 below for details. 68 It is mentioned in the Risālat Abī ‘Īsā al-Murshid, see S.M. Stern, Studies in Early Ismā‘īlism, p. 15. 11 [fig. 6] VI. Conclusion As demonstrated above the text of the newly discovered ms. is not only superior and more reliable but three centuries older than the ‘Āṭif ms. Hence, a new edition based on it is a desideratum. 69 It is Kitāb al-Maqālīd al-malakūtiyya, by Abū Ya‘qūb Isḥāq b. Aḥmad al-Sijistānī and ed. by I.K. Poonawala, Tunis, Dār al-gharb al-islāmī, 2011 70 It is also by Abū Ya‘qūb al-Sijistānī but not extant, see the introduction of ibid. 71 It is al-Risāla al-durriyya by Ḥamīd al-Dīn al-Kirmānī and ed. by Muḥammad Kāmil Ḥusayn. For details see I.K. Poonawala, Biobibliography, p. 100. 72 In ‘Āṭif and the other ms. it was , but was corrected by the ed. 73 It is Risālat al-nuẓum by al-Kirmānī, ed. by M.K. Ḥusayn, for details see I.K. Poonawala, Biobibliography, p. 100. 74 It is Risālat al-rawḍa by al-Kirmānī and ed. by M.K. Ḥusayn, for details see ibid., p. 100. 75 Nothing is known about it, see ibid., p. 318. 76 It is ascribed to Ja‘far b. Manṣūr al-Yaman and ed. by Rudolf Strothmann, for details see ibid., p. 73. 77 Nothing is known about it, see ibid., p. 319. 78 See ibid., p. 318. 79 This word is dropped from Edn. 80 It is corrected and in Āstāna: 81 Edn: 82 ‘Āṭif: , Edn: as corrected by the ed. from another ms. 83 Edn: 84 : dropped from Edn. 12 Figure 1. Front page with the library catalog entry. Figure 2. Title page with marginal notes of possession. 13 Figure 3. Beginning of the manuscript. Figure 4. Chapter on the Shī‘a-Rāfiḍa, fol. 100v. 14 Figure 5. Beginning of the Ismā‘īlis, fol. 109r. Figure 6. The author cites Ismā‘īli works that imply ta‘tīl al-sharī‘a, fol. 116v. 15 Figure 7. Colophon of the manuscript, 793/1391, fol. 192v. Comments written in 967 A. H. Figure 8. Diagram of the Earth, Seven Spheres, and the Outer Sphere, fol. 164r. 16
FARHAD DAFTARY:  Historical Dictionary of the Ismailis. Iix, 263 pp. Lanham, Toronto, Plymouth, UK: The Scarecrow Press, Inc., 2012. $49.95. ISBN 978 0 8108 6164 0. Historical Dictionaries present essential information on a wide range of subjects, including peoples, countries, cultures, philosophies and religions. Written by experts, they contain highly informative introductory essays on a topic followed by brief A-Z entries describing the people, events, politics, and their social and cultural institutions. Previous volumes in this series dealt with certain groups of people that are not well-known in the annals of world history, such as the Druzes, Berbers, Tamils, Kurds and Gypsies. The book under review is a handy reference on the Ismailis, the second largest branch of Shīʿa Islam, who rose to political power at the beginning of the tenth century by establishing the Fatimid dynasty in North Africa. Half a century later they conquered Egypt and extended their sway over Greater Syria, Ḥijāz and Yemen. Before their collapse in Egypt in 1171 the Ismailis had established strongholds in Iran and Yemen where they flourished for several centuries before moving to the west coast of India in Sind and Gujarat. The Ismaili community of today comprised of two main branches, viz., the Khojas (or the Aga Khanis) and the Bohras. Both are scattered all across the world, centrally organized under their respective religious leadership. Numerically the Bohras number around one million while the Aga Khanis are almost ten times the Bohras. The book covers one and a half millennia of Ismaili history and their contribution to Islamic culture and civilization. The author is an eminent scholar of Ismaili studies with numerous works to his credit. It presents a summary of the findings of modern scholarship on the Ismailis. Brief alphabetical entries describe the Ismaili Imams, Fatimid caliphs, and major dāʿīs who played key roles in the establishment of Ismaili political power in Yemen, Iran, North Africa and elsewhere. The entries also cover prominent Ismaili thinkers, theologians, poets, literary figures and their major works that significantly contributed to the development of Islamic thought and culture in general and Ismaili thought in particular. Additionally, it includes the foremost Fatimid viziers, commanders, and Sunni polemical works against the Ismailis and Western as well as modern Ismaili scholars who advanced our knowledge of Ismaili studies. It should be noted that until the middle of the last century, the Ismailis were considered heretics, par excellence, and were almost exclusively studied and evaluated on the basis of Sunni polemical works. This work is, therefore, a welcome addition to the field of Ismaili studies. Overall the dictionary is well executed; however it should be stated that it is not a comprehensive work. A number of important authors and their works are absent. For example, Ghiyāth, Abū Muḥammad al-Murādī al-Nīsābūrī, and Khawj b. Malik Kapadwanjī are not mentioned. Similarly Majālis Abī al-Barakāt, Kitāb al-Zīna of Rāzī, and Adʿiyat al-ayyām al- sabʿa of al-Muʿizz are not listed. Given the format of brief entries it is a challenge to compress important information in a short paragraph; hence, the references cited at the end of an entry are indispensable. The volume contains pertinent bibliographies and charts. However, the major omissions should be acknowledged. Among the maps given at the beginning of the book and photos at the end, one observes that Yemen, from where the Ismaili political movement emerged on a historical stage is neglected. Yemen has played a central and critical role in Ismaili history; hence one should expect to see some pictures of the mountain fortress and other relics, especially in the Ḥarāz area. It should also be noted under the entry of “Makramids” (p. 112) that they had a checkered history. It should be added that they fought valiantly against the Zaydīs in the south and the Wahhābis in the north. Some entries in the book are not systematic. For example, under the letter D only the Dīwān of Nāṣir-e Khusraw is listed while the Dīwāns of other major poets, such as Ibn Hāniʾ al- Andalusī and Amīr Tamīm are not enumerated. Hence, one raises the question: what is the criterion of listing only the Dīwān of Nāṣir-e Khusraw? In the same manner Jāmiʿ al-ḥikmatayn of Abu ʾl-Haytham is listed while that of Nāṣir-i Khusraw is recorded under the author’s name. On page 107 under the entry “Literature,” it should be corrected to read that the Ṭayyibī Mustaʿlian Ismailis have produced a significant literature of their own in Arabic not only during the Yemeni period but also during the Indian period of their history. On page 134, under the entry “Ottomans,” it should be added that the Ottoman conquest of Yemen and their hostile attitude towards the Ismailis was a cause for shifting their headquarters to India. Without giving any specifics the author states on page 120 that Muḥammad Burhān al-Dīn, introduced a number of reforms. It should be stated here that due to severe persecution of the reformist members of the community by the current dāʿī two inquiry commissions were set up by the Citizens for Democracy. The report of the Nathwani Commission into the alleged infringement of human rights of reformist members of the Dawoodi Bohras was published in 1979. The report of the second commission entitled “Violations of the Human Rights of Dawoodi Bohras” was published in 1993. The list of taxes, under the entry “Tithe” paid by the Ṭayyibī Ismailis (p. 168) is elaborated further in the aforementioned Commission reports. The treatment of Bohra women under the entry “Women” (p. 176) is brief and perfunctory. It should be stated that female circumcision is still practiced among the Bohras. Even in North America this ritual is carried out clandestinely. The Bohras also confine their widows during the ʿidda to a room in a house, completely screened off from the outside world to such an extent that she is not allowed to gaze at the sky. She is permitted to see only close male relatives with whom she cannot marry. She is, therefore, a virtual prisoner in a room or a house and is not permitted to wear anything other than white clothes. If she becomes ill she can only be attended by a female physician. All these practices are not in conformity with the teachings of the Qurʾān and the sunna of the Prophet. Finally, the following recently published works should be added to the bibliography. Al- Sijistānī’s Kitāb al-Maqālīd al-malakūtiyya; al-Qāḍī al-Nuʿmān’s Risāla dhāt al-bayān fiʾl radd ʿalā Ibn Qutayba; and English translation of Nāṣir-e Khusraw’s Kitāb-i Jāmiʿ al-ḥikmatayn.   Ismail K. Poonawala University of California at Los Angeles  
Bulletin critique 1 Agostino Cilardo The Early History of Ismaili Jurisprudence: Law under the Fatimids. A critical edition of the Arabic text and English translation of al-Qāḍī al-Nuʿmān’s Minhāj al-farāʾiḍ, London, I.B. Tauris Publishers/The Institute of Ismaili Studies (« Ismaili Texts and Translations Series », 18), 2012, 142 p. + xi + 48 Arabic pagination, ISBN 978-1-78076-129-9, 35 €. The title of the book The Early History of Ismaili Jurisprudence: Law under the Fatimids is misleading. The sub-title “A critical edition of the Arabic text and English translation of al-Qāḍī al-Nuʿmān’s Minhāj al-farāʾiḍ ” is also incorrect because attributing the treatise to al-Qāḍī l-Nuʿmān is spurious. No reliable Ismaili work ascribes Minhāǧ al-farāʾiḍ ’s authorship to Nuʿmān. The editor fails to present a dependable source or sound evidence for such an ascription. The mistaken attribution of this treatise to Nuʿmān seems to have originated from W. Ivanow who states in his A Guide to Ismaili Literature that the Minhāǧ al-farāʾiḍ is usually ascribed to Nuʿmān.1 Most likely Ivanow relied for this information on a manuscript that he was able to consult which was ascribed to the authorship of Nuʿmān. However, he clearly states that it is mentioned neither in the Fihrist of Maǧdūʿ nor in the ʿUyūn al-aḫbār wa-ṣaḥīḥ al-āthār of Idrīs ʿImād al-Dīn, the two most trustworthy sources for the works of Nuʿmān. He further adds that it is “apparently quite spurious.” Moreover, Ivanow’s lis- ting of the Minhāǧ as no 64a, immediately follows the entry of the Daʿāʾim al-Islām, no 64, makes one wonder that he might have thought the Minhāǧ was part of the Daʿāʾim. In their respective catalogues, both Goriawala and Cortese merely state that it is ascribed to Nuʿmān without clearly stating that the manuscripts they described are attributed to Nuʿmān on the title page or not.2 Of the three manuscripts the editor has relied upon only one, namely copy C (of the Zāhid ʿAlī collection), is ascribed to Nuʿmān while the others are anonymous. 1 W. Ivanow, A Guide to Ismaili Literature, London, Royal Asiatic Society, 1933, p. 37, no. 64a; id., Ismaili Literature, Tehran, Tehran University Press (Ismaili Society texts and translations Series, A, 15), 1963, p. 36, n. 88. 2 Muʿizz Goriawala, A Descriptive Catalogue of the Fyzee Collection of Ismaili Manuscripts, Bombay, University of Bombay, 1965, p. 25-6; Delia Cortese, Arabic Ismaili Manuscripts: The Zāhid ʿAlī Collection, London, I.B. Tauris, 2003, p. 118-9. © koninklijke brill nv, leiden, 2014 | doi 10.1163/15700585-12341298 !"!#$%&'())*+,-+$."/0*112223 3453354%3&22267%67862(9 2 Bulletin critique There are an additional five copies of this manuscript in private collections and another copy in a public library that could have been easily obtained if the editor had known about them and tried.3 Similarly, the editor takes it for granted that the Yanbūʿ is also an authentic work of Nuʿmān. He states: The Yanbūʚ is undoubtedly an Ismaili work, and its doctrine does not dif- fer much from that of the Iqtiṣār, Āthār and Daʚāʙim. However, the arrangement of the subjects and its exposition appear more rudimentary than the Daʚāʙim’s. Therefore, I believe that the Yanbūʚ could have been written before the Daʚāʙim.4 The above conclusion, similar to that of the Minhāǧ, was reached by the editor without sound arguments or evidence. Simply put, the Minhāǧ and the Yanbūʿ are not authored by Nuʿmān as demonstrated by Lokhandwalla and Poonawala.5 It is obvious that Cilardo’s acquaintance with Ismaili traditions and literature is perfunctory. Moreover, his assumption that the Yanbūʿ could have been composed by Nuʿmān prior to his magnum opus, the Daʿāʾim is also groundless. The Yanbūʿ is in one volume and deals with muʿāmalāt (laws pertaining to human inter- course) only. While the Daʿāʾim, like other major works of Islamic law, is in two volumes and deals with both the ʿibādāt (acts of devotion and religious obser- vances) and muʿāmalāt. The present author has elaborated elsewhere the evo- lution of Nuʿmān’s theory of Ismaili jurisprudence based on the chronology of his works on jurisprudence. The primary flaw of the book is the methodology. Simply stated, the author compares apples with oranges. Moreover, the basis of his whole analysis and discussion is focused on a very narrow issue of inheritance. It would have made better sense if the Minhāǧ, a very short treatise on the question of inheritance, was compared with the same section in the Daʿāʾim or other authentic works of Nuʿmān. The arrangement and the treatment of the subject matter dealt 3 Ismail K. Poonawala, Biobibliography of Ismāʿīlī Literature, Malibu, CA., Undena Publishers, 1977, p. 67. 4 Cilardo, The Early History of Ismaili Jurisprudence, p. 84. 5 See Ismail K. Poonawala, “Al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence,” in Medieval Ismaʿili History and Thought, ed. F. Daftary, Cambridge, Cambridge University Press, 1996, p. 117-43; id., “The Evolution of al-Qāḍī al-Nuʿmān’s Theory of Ismaʿili Jurisprudence Based on the Chronology of his Works on Jurisprudence,” in The Study of Shiʿi Islam, eds. F. Daftary & G. Miskinzoda (in press). Arabica 61 (2014) 1-4 !"!#$%&'())*+,-+$."/0*112224 3453354%3&22267%67862(9 Bulletin critique 3 with the Yanbūʿ are totally different than any legal works of Nuʿmān. Thus, to place the Yanbūʿ side by side with the three authentic works of Nuʿmān, namely the Iqtiṣār, the Muḫtaṣar, and the Daʿāʾim and evaluate them from a very slen- der perspective of inheritance is an unsound approach. Nuʿmān’s theory of Ismaili jurisprudence evolved over a period of time as demonstrated by the present author. Cilardo’s approach raises the question: How can one relate such a prolific author like Nuʿmān from such a narrow perspective of inheri- tance? Certainly, one cannot disregard the major contributions of Nuʿmān in the development of the theory of walāya (devotion to the imām) and its inte- gration into the system of law and raise it to a pre-eminent rank? Strangely enough, with such a flawed methodology the editor tried to accommodate both the Minhāǧ and Yanbūʿ as authentic works of Nuʿmān under the hypoth- esis “the early history of Ismaili jurisprudence.” The average reader might be misled by the editor’s closing remarks wherein he merely reiterates the conclu- sion that was previously reached by scholars like Fyzee, Lokhandwalla and Poonawala, namely that the Daʿāʾim was the crowning achievement of Nuʿmān. Chapter I entitled “The life and works of al-Qāḍī Abū Ḥanīfa al-Nuʿmān,” which forms a substantial part of the book in addition to the Arabic text and English translation, is replete with major and minor errors. It is unfruitful to go into further details and refute all the errors. The present author has indicated in his previous study that there are references in the works of Nuʿmān regard- ing his religious affiliation.6 The editor has disregarded those internal references and expressed his doubts concerning Nuʿmān’s first doctrinal orien- tation. In short, the editor lacks familiarity with Ismaili history, its traditions and sources. A cursory examination of the edited text further reveals numerous failings on the part of the editor. Most of the notes could have been avoided because they are nothing but notations of the scribal errors. Stating those errors in the description of the manuscripts would have been sufficient. Later corrections and the addition of omitted words from the text are generally noted in the margins when that copy is collated with the original copy (or another copy), or read in the ḥalqa (a small group of students studying under a learned shaykh). This is the normal scribal practice followed throughout the centuries. Unfortunately, the editor is confused with those marginal notes and could not decipher them correctly. Hence, instead of incorporating those corrections in the text he has added them as footnotes. For example, on page 2 of the Arabic text, note 10 reads “A: min al-ikhwa on the mrg [margin].” I think that those words were missing from the manuscript A; therefore were added in the mar- 6 See Poonawala, “Al-Qāḍī al-Nuʿmān and Ismaʿili jurisprudence,” p. 135-6, n. 17. Arabica 61 (2014) 1-4 !"!#$%&'())*+,-+$."/0*11222& 3453354%3&22267%67862(9 4 Bulletin critique gin and thus the error is rectified. There are also several typographical errors. Another issue worth mentioning is that the Arabic text is devoid of even the most minimal vocalization. The English translation is readable. The common reader unless he/she is a competent scholar of Arabic would not be able to read a text full of technical vocabulary. Finally, the question arises: How could such a book be published by the Institute of Ismaili Studies in London? The normal practice followed by all the reputed publishing houses is that when a manuscript that is supposed to encourage Ismaili Studies is submitted for publication it undergoes rigorous peer review by at least two expert scholars from that particular field. Strangely enough, as far as I am able to ascertain, the Institute of Ismaili Studies does not follow such a procedure. The decision about its publications is arbitrarily taken by one person in charge of academic research and publication. In other words there is no quality control. Had there been a peer review, I am certain those errors would have been avoided or rectified and the editor would have been advised to thoroughly revise his introduction as well as the edited Arabic text. 7 eAñ¯§¶@hÈh£¶@O@Ç·q¼ÃÉ·¢eAI]Ù@ÁÇÉ£[í [ òHKAM³¶@@dÂN»iÆÆ í I hope that this type of oversight will not be repeated in the future. Ismail K. Poonawla University of California at Los Angeles 7 For his life and works see Ismail Poonawala, Biobibliography of Ismāʿīlī Literature, Malibu, Undena Publishers, 1977, p. 169-75. Arabica 61 (2014) 1-4 !"!#$%&'())*+,-+$."/0*11222: 3453354%3&22267%67862(9
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1 MAJDUʿ, ESMĀʿIL b. ʿAbd-al-Rasul (d. Ujjain, India, 1183 or 1184/1769-70), an Ismaʿili Mostaʿli-Ṭayyebi of Dāʾudi Bohra faction, a scholar from India well-known for his Bibliography (Fehrest) of extant Ismaʿili manuscripts, of which he catalogued approximately 250 works with their full or partial contents and arranged them according to Ismaʿili curriculum for the study of its literature. Wladimir Ivanow’s Guide to Ismaili Literature was based on this Fehrest. Ivanow had found its copy by chance with a bundle of disjointed leaves in Lucknow for a paltry sum of money. The original Arabic text was edited from three recent manuscripts of Indian provenance and published in Tehran in 1966. Internal evidence suggests that it was compiled during the time of the thirty-ninth dāʿi Ebrāhim Wajih-al-Dīn (from 1150/1737 to 1168/1754), as the author refers to him and his teacher with the conventional invocation: Aṭāla Allāho baqāʾahu (May God extend his life!) Nothing is known about his early life, education, and family except that he and his son Hebat-Allāh were the students of Loqmānji b. Ḥabīb-Allāh (d. 1173/1760), the renowned Ismaʿili pundit of his time. Soon both the father and son became distinguished scholars in their own rights. Esmāʿil was honored by the fortieth Dāʾudi dāʿi (summoner) Hebat-Allāh al-Moʾayyad fi’l-Din (d. 1193/1779) with the title of Shaikh and a high rank in the daʿwa hierarchy. However, in 1175/1761, under mysterious circumstances, Esmāʿil’s son, Hebat-Allāh, claimed that he was in contact with the hidden Imam (who had moved with his retinue in the vicinity of Ujjain) through his chief dāʿi, ʿAbd-Allāh b. Ḥāreṯ, who appointed him at the rank of al-ḥojja al-layli (a rank in the daʿwa hierarchy higher than that of the dāʿi moṭlaq). His claim implied that the living fortieth dāʿi should yield his position to him by virtue of his superior status. In addition to his father Esmaʿil, two leading scholars of the time, namely Hebat-Allāh (the son of Loqmānji b. Ḥabib-Allāh) and ʿAlī b. Saʿid Hamdāni not only supported Hebat-Allāh’s claim but also composed treatises in praise of him and his learned father. Hence, their movement gathered momentum and they openly propagated their mission in Ujjain, the headquarters of the daʿwa. Thus, it posed a serious threat to the dāʿi’s authority and his religious establishment. Soon persecution of their followers called Hebtiya (Heptia in Gujarati), after its founder Hebat-Allāh, started. Consequently, both the father and son managed to flee, but they were chased, imprisoned by the local authorities wherever they sought refuge, and brought back to Ujjain. The dāʿi attempted to reconcile and bring them back to the fold but he failed. During the turmoil Hebat-Allāh was seized and his nose was cut off as a sign of disgrace. For this reason he was given the derogatory nickname Majduʿ (one whose nose is amputated). The whole episode is dramatically depicted in vivid colors by two historians of the daʿwa, namely, Qoṭb-al-Din Borhānpuri (d. 1241/1826), who refers to Esmāʿil as al-malʿun (the accursed) and to his son Hebat-Allāh as al-majduʿ; and Moḥammad-ʿAli Rāmpuri (d. ca. 1315/1897- 98), who refers to Esmāʿil by the nickname al-Majduʿ. Thus, it seems that the derogatory surname was transferred from the son to his father, as he was the author of several other 2 works in addition to the Fehrest. Esmāʿil died in 1183 or 1184/1769-70 in Ujjain but the date of his son’s death is not recorded. Later sources state that a few families of Hebtiya survived in Ujjain until the beginning of the twentieth century. It should be noted, however, that the daʿwa sources accuse both the father and the son of holding antinomian tendencies, stealing daʿwa books from the dāʿi’s private library (ḵezāna) and also committing other illicit acts. Bibliography: Abdul Husain, Golzār-e Daudi for the Bohras of India, Burhanpur, n.d., pp. 47-49. Qoṭb-al-Din Borhānpuri, Montazaʿ al-aḵbār fi aḵbār al-doʿāt al-aḵyār, see Delia Cortese, Arabic Ismaili Manuscripts: The Zāhid ʿAlī Collection in the library of the Institute of Ismaili Studies, London and New york, 2003, pp. 123-24, no. 107, pp. 901-26. Farhad Daftary, The Ismāʿīlīs: Their History and Doctrines, 2nd ed., Cambridge, 2007, pp. 285-86. Anonymous, Aḵbār al-doʿāt al-akramin (in Gujarati), Rajkot, 1939, pp. 287-96. Wladimir Ivanow, A Guide to Ismaili Literature, London, 1933. Idem, Ismaili Literature: A Bibliographical Survey, a second amplified ed. of A Guide to Ismaili Literature, Tehran, 1963. Esmāʿil b. ʿAbd-al-Rasul Majduʿ, Fehresat al-kotob wa’l-rasāʾel, ed. ʿAli-Naqi Monzawī, Tehran, 1966 (for a list of additional sources and his extant works, see Poonawala). Ismail K. Poonawala, Biobibliography of Ismāʿīlī Literature, Malibu, 1977, pp. 204-06. Moḥammad-ʿAli Rāmpuri, Mawsem-e bahār, 3 vols., Bombay, 1883-94, III, pp. 481, 492-526. (ISMAIL K. POONAWALA)
Ḥasan b. Nūḥ b. Yūsuf b. Muḥammad b. Ādam al-Bharūchī al-Hindī (d. 939/1533) was a Mustaʿlī-Ṭayyibī Ismāʿīlī savant and the author of Kitāb al-azhār (“The book of blossoms”), a chrestomathy of Ismāʿīlī literature. He wrote that he was born and brought up in Khambhāt (Cambay), a port city in Gujarat, in western India, and received his early education there. Seeking more knowledge, after he had exhausted all the sources available in India, he gave up his family life and friends, left his native town, and sailed to Yemen (al-Bharūchī, 1:186ff.). There he settled in Masār and became a devout student of Ḥasan b. Idrīs, the twentieth dāʿī (lit., he who summons to the true faith, it was a title for an Ismāʿīlī religio-political agent). After the latter’s death, in 918/1512, when Ḥusayn b. Idrīs (d. 933/1527), the twenty-first dāʿī, moved his residence to Shibām (in Yemen), Ḥasan b. Nūḥ also moved there, to continue his education. In the introduction to his Kitāb al-azhār, he recounted, in order, all the books on various branches of the ʿulūm al-daʿwa (the religious sciences of the Ismāʿīlīs) that he had studied, especially with Ḥasan b. Idrīs (Kitāb al-azhār, 1:188-97). Al-Bharūchī recorded neither the date of his birth nor that of his departure from India, but, in the place in his Kitāb al-azhār where he gives the dates and burial places of the early Ismāʿīlī imāms, he states that in 904/1498-9 he visited the tombs of al-Ḥasan b. ʿAlī b. Abī Ṭālib (d. 49/669-70), ʿAlī Zayn al-ʿĀbidīn (d. 122/740), Muḥammad al-Bāqir (d. 115/733), and Jaʿfar al- Ṣādiq (d. 148/765) in the al-Baqīʿ cemetery of Medina (Kitāb al-azhār, 1:234)—which was razed by the Wahhābīs in the late twelfth/eighteenth century—and that the tombs of the four imāms and those of the Prophet’s daughter Fāṭima (d. 11/632) and his uncle ʿAbbās (d. c.32/653) were covered by domes. He also observed that the tombs of the imāms and Fāṭima were generally visited by Shīʿī pilgrims. Al-Bharūchī’s visit to Medina probably took place after he made the pilgrimage to Mecca and before he settled in Yemen, where he became known as al- Hindī. It is not known when and by whom he was given the nisba al-Bharūchī—“he of Bharūch (Broach),” a city on the Narmada river, in Gujarat—first used by Ismāʿīl al-Majdūʿ (77). He was a close companion of the twenty-second and twenty-third dāʿīs and was the mentor of Yūsuf b. Sulaymān (d. 974/1567), who later became the first Indian to lead the daʿwa (as the twenty- fourth dāʿī), when the latter arrived in Yemen for his education. Al-Bharūchī died in Masār, Yemen, on 11 Dhū l-Qaʿda 939/4 June 1533. His fame rests properly on his voluminous Kitāb al-azhār. He probably began its compilation in Shibām, during the days of the twenty-first dāʿī al-Ḥusayn b. Idrīs. It is a collection of choice passages and short epistles from Ismāʿīlī literature, arranged, according to the author’s intended plan, in seven volumes (Kitāb al-azhār, 1:200-4). It contains, in full or in part, many works not otherwise preserved and contains numerous excerpts from Sunnī and Zaydī works dealing with the life of Imām ʿAlī b. Abī Ṭālib (ruled as caliph 35-40/656-61). Only the first volume has been edited, from a manuscript that is incomplete at the end (cf. al-Majdūʿ, 78-9). The contents of the remaining volumes and the location of their manuscripts are described by Poonawala (173-83). ISMAIL K. POONAWALA Bibliography: Anonymous, Akhbār al-duʿāt al-akramīn. Brief accounts of the dāʿīs of Yemen, Sindh and Hind (Rajkot 1937), 87-8 (in Gujarati); al-Bharūchī, Kitāb al-azhār wa-majmaʿ al-anwār al-malqūṭa min basātīn al- asrār, in ʿĀdil al-ʿAwwā (ed.), Muntakhabāt Ismāʿīliyya, Damascus 1958; Quṭb al-Dīn Sulaymānjī Burhānpūrī, Muntazaʿ al-akhbār fī akhbār al-duʿāt al-akhyār, ed. Sāmir Farūq Ṭarābulusī (Beirut 1999), 183; Farhad Daftary, The Ismāʿīlīs. Their history and doctrines (Cambridge 20072), 279; Ismāʿīl al-Majdūʿ, Fihrist al-kutub wa-l-rasāʾil, ed. ʿAlī Naqī Munzavī, Tehran 1344sh/1966; Ismail K. Poonawala, Biobibliography of Ismāʿīlī literature (Malibu 1977), 173-83; Muḥammad ʿAlī Rāmpūrī, Mawsim-i bahār (Bombay 1301-11/1884-93), 3:155-6 (in Gujarati with Arabic script).
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 The Evolution of al-Qāḍī al-Nuʿmān’s Theory of Ismaili Jurisprudence as Reflected in the Chronology of his Works on Jurisprudence Ismail K. Poonawala* Shiʿi Ismaili law, codified by al-Qāḍī al-Nuʿmān (hereafter referred to as Nuʿmān) in his enduring work Daʿāʾim al-Islām (The Pillars of Islam) with the approval of the fourth Fatimid Imam-caliph al-Muʿizz li-Dīn Allāh, is almost a millennium old.1 Ever since its promulgation, most probably in /,2 as the official code of the Fatimid empire, the Daʿāʾim has reigned supreme, particularly with the Mustaʿlī- Ṭayyibī Ismailis of Yemen and the Indian subcontinent after the fall of the Fatimids in Egypt in /. However, this centuries-old law has not met the necessities of modern life for the Ismaili communities of the Dāudīs, Sulaymānīs and ʿAlawīs who follow this school of Islamic jurisprudence. Those advocating the status quo (main- taining the traditional system), notably the conservative religious establishments of all the three above-mentioned communities, have had little to offer in terms of a constructive legal reform which might adapt Ismaili law as formulated by its founder, al-Qāḍī al-Nuʿmān, to the modern conditions of life. For example, the religious authorities have buried their heads in the sand regarding family law, once considered the most sacred aspect of Islamic law, and which has undergone modifi- * I would like to thank Hamid Haji for resetting the entire chapter with elegant Arabic font. He very kindly and carefully read the first set of proofs. 1 For Nuʿmān’s life and works, see Ismail K. Poonawala, Biobibliography of Ismāʿīlī Literature (Malibu, CA, ), pp. –; al-Qāḍī al-Nuʿmān, Daʿāʾim al-Islām, ed. Asaf A. A. Fyzee (Cairo, –); tr. Asaf A. A. Fyzee, completely revised and annotated by Ismail K. Poonawala, The Pillars of Islam, vol. : Acts of Devotion and Religious Observances; vol. : Laws Pertaining to Human Intercourse (New Delhi, –). All references to the Daʿāʾim are hereafter given to its translation because it is fully annotated. All English translations from Nuʿmān’s works, unless stated otherwise, are by me. 2 There is no textual evidence to determine the exact date of its composition; however, I have argued my case on the basis of chronology of Nuʿmān’s works and other corroborative evidences. See Ismail K. Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, in Farhad Daftary, ed., Mediaeval Ismaʿili History and Thought (Cambridge, ), p. .   The Study of Shiʿi Islam cations in all Muslim countries except India.3 In a previous work of mine, I have suggested that the entire structure of family law, including the law of Personal Status, needs to be reconsidered leaving aside the whole theory of law in itself.4 The structure of the Daʿāʾim and Nuʿmān’s discussion of the fundamental principles of Ismaili law evolved for an extensive period of time, particularly after his profound scrutiny of a vast collection of legal traditions. Before he undertook the compilation of the Daʿāʾim, Nuʿmān already had several legal works to his credit. Moreover, he had acquired first-hand experience of interpreting textual evidence and its application, initially in the capacity of a provincial judge and then as the supreme qāḍī of the Fatimid empire.5 He had also written a number of refutations, including the three founding figures of the major Sunni schools of law, Abū Ḥanīfa, Mālik and Shāfiʿī. The Daʿāʾim, compiled at the height of his career and with the blessing and supervision of the Imam al-Muʿizz li-Dīn Allāh, demonstrates the mature legal reasoning of Nuʿmān.6 Therefore, the following pages are first devoted to the elucidation of Nuʿmān’s theory of Ismaili jurisprudence as reflected in the chronology of his legal works and then to the examination of his major polemical work entitled Kitāb ikhtilāf uṣūl al- madhāhib (The Book of Disagreement about the Positive Laws in Various Schools of Jurisprudence; henceforth referred to as Ikhtilāf),7 which was compiled before the Daʿāʾim. It is the opinion of this author that the Ikhtilāf has not received sufficient 3 For example, see Norman Anderson, Law Reform in the Muslim World (London, ), pp. –. 4 See Ismail K. Poonawala, ‘The Reform Movement in the Context of Islam Globally’; keynote address delivered at the United Reformist Dawoodi Bohra Conference held in Daventry, England,  July– August , Conference Report, pp. –. 5 Nuʿmān was first appointed as a qāḍī of Tripoli by the third Fatimid Imam-caliph al- Manṣūr (r. –/–) soon after his accession to the caliphate in /. In / when the caliph moved his capital to the new city of al-Manṣūriyya, he promoted Nuʿmān as the supreme qāḍī of the Fatimid domain. Al-Qāḍī al-Nuʿmān, Kitāb al-majālis waʾl-musā- yarāt, ed. al-Ḥabīb al-Fiqī, et al. (Tunis, ), pp. , , , –; Poonawala, ‘al-Qāḍī al- Nuʿmān and Ismaʿili Jurisprudence’, p. . 6 For the description of the circumstances under which the caliph al-Muʿizz li-Dīn Allāh asked Nuʿmān to compile the Daʿāʾim, see Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, p. . 7 It is referred to hereafter as the Ikhtilāf. The term uṣūl in the title does not imply uṣūl al-fiqh as it came to indicate later on. In his article ‘Was al-Shāfiʿī the Master Architect of Islamic Jurisprudence?’, IJMES,  (), pp.  ff., Wael Hallaq has convincingly argued that the term uṣūl had a wide range of application during the early centuries of Islam until the middle of the th/th century. Referring to the above-mentioned work of Nuʿmān, Hallaq states: ‘And in his refutation of the uṣūl principles of Sunni juristic thought, al-Qāḍī al- Nuʿmān, writing around the middle of the th century, confirms the data provided by the biobibliographical sources.’ See also Wael Hallaq, The Origins and Evolution of Islamic Law (Cambridge, ), pp. –; he states that by the middle of the th/th century, an elaborate and comprehensive theory of uṣūl had emerged. For the meaning of madhhab/s and the formation of legal schools see, Hallaq, Origins, pp.  ff., and his A History of Islamic Legal Theories: An Introduction to Sunnī Uṣūl al-Fiqh (Cambridge, ), chap. . The Evolution of al-Qāḍī al-Nuʿmān’s Theory  attention from contemporary students of Ismaili law.8 An analysis of the evolution of Nuʿmān’s legal thought and the encouragement he received from his patron al- Muʿizz is essential for an understanding of Ismaili law. At the same time, its scrutiny will reveal the challenging task faced by the later generations of Ismaili thinkers and jurists, especially after the disappearance of the st Imam al-Ṭayyib b. al-Āmir around /, of modifying any aspect of the law, either minor or major, in the absence of the Imam.9 It should be noted that the Ismaili case is slightly different than the Twelver Imāmī. For the Mustaʿlī-Ṭayyibīs, their law fully developed before the disappearance of their Imam, while the situation was the opposite for the Imāmīs whose law developed and blossomed after the disappearance of the twelfth Imam in /. Before proceeding further, it is necessary to indicate that I have dealt with the question of the authenticity of Nuʿmān’s works and their sources elsewhere.10 I have also addressed the related issue of the chronology of his more than  works in a separate but yet to be published study.11 Therefore, I will only briefly review the chronology of Nuʿmān’s surviving legal works, published and unpublished.12 This will help us in not only understanding the evolution of Nuʿmān’s legal thinking but will also assist us in situating the Ikhtilāf within the chronology of his juridical works. Let us begin with his first major work Kitāb al-īḍāḥ. It was a very large collection of legal traditions that Nuʿmān undertook with the blessings of the first Fatimid Imam-caliph al-Mahdī and completed it during his reign. Although the whole book, or a major part of it, was still available during the th century in India, it was considered lost by the following century according to al-Majdūʿ (d. ca. /).13 In his Fihrist, a bibliography of Ismaili works, al-Majdūʿ states that except for a small portion from the beginning of the chapter on ritual prayer, the book in its entirety could not to be found in the daʿwa collection.14 Kitāb al-īḍāḥ 8 It is edited by [Shamʿūn] Ṭayyib ʿAlī Lokhandwalla (Simla, ) with a long introduc- tion in English, which is a revised version of his dissertation written under the supervision of Joseph Schacht. Unfortunately, most Western scholars are unaware of this edition and still use the one edited by Muṣṭafā Ghālib (Beirut, ), which is unreliable. 9 For the split within the Ismaili community after the assassination of the Fatimid Imam-caliph al-Āmir, see Farhad Daftary, The Ismāʿīlīs: Their History and Doctrines (nd ed., Cambridge, ), pp.  ff. 10 Ismail K. Poonawala, ‘Sources for al-Qāḍī al-Nuʿmān’s Works and their Authenticity’, in Bruce Craig, ed., Ismaili and Fatimid Studies in Honor of Paul E. Walker (Chicago, ), pp. –. 11 Poonawala, ‘The Chronology of al-Qāḍī al-Nuʿmān’s Works’, unpublished study. 12 I have dealt with the chronology of Nuʿmān’s legal works in my work ‘al-Qāḍī al- Nuʿmān and Ismaʿili Jurisprudence’, pp. –. 13 For his life and works, see Poonawala, Biobibliography of Ismāʿīlī Literature, pp. – . 14 Ismāʿīl b. ʿAbd al-Rasūl al-Majdūʿ, Fahrasat al-kutub waʾl-rasāʾil, ed. ʿAlī Naqī Munzavī (Tehran, ), p. . He states: S%F ERQP%$ )(', O!NM L: K2: -9J9%$ IGHF E;DC%$ BA$@? 1> =;<;: -98 (76) 5(432%$ 10(/%$ .-,+ *#%$ )('&%$ $#"!  The Study of Shiʿi Islam constituted a comprehensive collection of legal traditions that was classified and arranged into legal topics like other collections of ḥadīth books. Referring to it in the introduction of his Kitāb al-iqtiṣār Nuʿmān states: I scrutinised various books [of traditions] transmitted on the authority of Ahl al- bayt with regard to what is lawful and unlawful in the established practices, juridical decisions and formal legal opinions. These books included those works that were accessible to me by way of samāʿ,15 or munāwala,16 or what I was able to obtain either through the ijāza17 or the ṣaḥīfa.18 The traditions ascribed to Ahl al- bayt varied from [being described as] mashhūr,19 to maʿrūf20 to maʾthūr.21 I further observed that the transmitters either agreed or disagreed about most of the traditions. Again [I found that] most of those traditions were [not arranged in a more manageable form of] either mulakhkhaṣ or muṣannaf [according to the .ERQP%$ )(', 12DM U.-T,M The extant part is edited by Muḥammad Kāẓim Raḥmatī in Mīrāth-i Ḥadīth-i Shīʿa, ed. Mahdī Mihrīzī and ʿAlī Ṣadrāyī Khūyi (Qumm,  Sh.), vol. , pp. –. W. Madelung’s article, ‘The Sources of Ismāʿīlī Law’, JNES,  (), is based on this extant section. However, Madelung’s contention that Nuʿmān probably was a Sunni and never received formal training in Shiʿi ḥadīth and fiqh is incorrect. See Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’; and Poonawala, ‘al-Qāḍī al-Nuʿmān and His Refutation of Ibn Qutayba’, in Omar Alí-de-Unzaga, ed., Fortresses of the Intellect: Ismaili and other Islamic Studies in Honour of Farhad Daftary (London, ), p. . 15 Samāʿ constitutes ‘hearing’, and ‘that which is heard’ directly from a teacher. As a term in Islamic eduction it means a ‘certificate of hearing, authorisation or licence’ to transmit from a teacher. Rudolph Sellheim, ‘Samāʿ’, EI, vol. , p. . 16 Munāwala means that a transmitter of Prophetic traditions who has collected those traditions hands over his collection/book to his student with permission to transmit. The munāwala (i.e., handing over the book) is considered a superior method of transmission to that of ijāza. Zamakhsharī, Asās al-balāgha: Muʿjam fi’l-lugha waʾl-balāgha (Beirut, ), s.v. n-w-l. 17 Ijāza constitutes authorisation or licence. It means that an authorised guarantor of a text or of a whole book (whether it is his own work, or a work received through a chain of transmitters going back to the author) gives a person the authorisation to transmit it. George Vajda, ‘Idjāza’, EI, vol. , p. . 18 Ṣaḥīfa literally means a plaque or a leaf on which either fragments of the Qurʾan or the ḥadīth are written. Ameur Ghédira, ‘Ṣaḥīfa’, EI, vol. , p. ; Muḥammad Zubayr Ṣiddīqī, Ḥadīth Literature: Its Origins, Development, Special Features and Criticism (Calcutta, ), p. ; Mohammad Mustafa Azmi, Studies in Early Ḥadīth Literature: With a Critical Edition of Some Early Texts (Beirut, ), pp. –. 19 Mashhūr (widespread, widely accepted, well known) is a tradition with more than two transmitters, some such being ṣaḥīḥ and others not. A large number of traditions belong to this category, and they are the foundations of jurisprudence. Ṣiddīqī, Ḥadīth Literature, pp. –; James Robson, ‘Ḥadīth’, EI, vol. , p. ; Hallaq, History, p. . 20 Maʿrūf (acknowledged) is applied to a weak tradition confirmed by another weak one, or it is a tradition superior in matn or isnād to one called munkar (ignored). James Robson, ‘Ḥadīth’, EI, vol. , p. . 21 Maʾthūr means transmitted tradition. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  topic], hence uncertainty [about their authenticity] multiplied among a great majority of people and many of them, who were not well versed in [religious] learning, considered those traditions unsound. Hence, I thought it proper to collect those traditions, arrange them according to the topics [of law], and compile them into a book as handed down by the trans- mitters. I have entitled it Kitāb al-īḍāḥ (Book of Elucidation), because in it I have elucidated the issues [dealt with in those traditions] and have expanded the chapters [on various topics]. In it I have also indicated [the subjects] on which the transmitters agreed and [other matters about] which they disagreed, without transgressing the bounds of their statements. And I have expounded what has been the firmly established [practices that I have discerned] in those traditions with decisive proofs and clear demonstrations. Thus, [the size of] the book reached roughly around , folios.22 Subsequently, Nuʿmān made a number of abridgements but only two have survived. The first is Kitāb al-akhbār (or al-ikhbār),23 which was completed during the reign of al-Mahdī, and the second is Kitāb al-iqtiṣār, completed during the reign of the second Fatimid Imam-caliph al-Qāʾim. The former has yet to be edited while the second has already been published as stated above (see n. ). Referring to both abridgements, Nuʿmān states in the introduction of Kitāb al-iqtiṣār: Then I abridged from it [i.e., Kitāb al-īḍāḥ] a book, which I entitled Kitāb al- akhbār/ikhbār [The Book of Traditions] wherein I related the traditions about which the transmitters agreed and disagreed with regard to the principles for [issuing] legal opinions. I approximated the meanings [of those traditions] by discarding, in general, the furūʿ (positive rules derived from the uṣūl), asānīd (the 22 Nuʿmān, Kitāb al-iqtiṣār, ed. Muḥammad Waḥīd Mīrzā (Damascus, ), pp. –. Nuʿmān states: !M UB%!(2: !M Ul(4k L: 1% 5(, (4j: ih9eD Keg%$ f$;ed ^9c%$ b"M LD BaV!-4%$ `'&%$ 1> ^ _ ][\PZ 1AYX> UC3W (:VM 1> (9'[%$ bx(J:! w(&vuG$! L2J%$ 1> 6;ts4%$! r!-34%$! 6;hq4%$ L: ih9%F (h2: `J2ap (: o: B[9]d !M UEn(<XW KZm#?M (h9> fÄ -T&> .{2P: IG! ~| } e: -98 .-T,M! UK9eD $;34<M (: K2:! K9> Em$!-%$ {e'?$ Cz (h2: $y-9T, ^ _ aM-> .w$-]%$! ORQ]%$ .B4h'%$ On(2: 1> ie3%$ 1> oJ'Éa i% L4j: ih2: -9T, KÇ%@AM! UBhcq%$ Å(2%$ -T,M SeD _ ÑJW! Kex(J: K9> ^ ^ _ ]0!M Uâ(àaáG$ )(', K'Ü94jk )(', 1> Em$!-%$ KÇZ=ÖM (: SeD K[9%sZ! KÑJW! K[92PZ! KÇ34< ^ _ aM-> bxIGC%(W ç%+ L: ^W(T%$ ^_ 29åW! .ih%;z CãDM i% U(29%F Em$!-%$ .$=ÖM (: SeD K9> $;[e'?$ (:! K9eD $;34<M (: f ä -,+! KW$;WM .Bz6! rIGê BtRQt è("n éec> .L9"$-c%$! Keg%$ è(ï 5F C<;9> UO@îA (4j: K9%F ì(']a (: o94< SeD RíQ4'q: 5;&9% K%;dM oa-[Z b:VëM *-4D 1> Keg%$ C\: 5F (AM! .S%(3Z 23 Only the first volume of this work is extant. Poonawala, Biobibliography of Ismāʿīlī Literature, p. .  The Study of Shiʿi Islam chains of authority), and al-ḥujaj (arguments in favour or against). Consequently, [the size of the book] came close to  folios.24 Traditions collected by Nuʿmān in this book contain conflicting doctrines on certain issues of law. However, in such cases Nuʿmān puts forth his own preference for what he considered to be the correct and reliable tradition.25 The Akhbār/Ikhbār was followed by al-Iqtiṣār. Nuʿmān states: Then I deemed appropriate, may God grant success [to my efforts], that I should confine myself to [collecting only those traditions] about which there is a firm agreement among the transmitters or about which they have strongly disagreed. [This book should be] precise to facilitate its understanding and to make it easier [to handle and remember]. Thus, I have collected [those traditions] in this book and entitled it Kitāb al-iqtiṣār (The Digest). It is to be hoped, God willing, that those who would confine themselves to it [only] will find it sufficient [for their needs], when God, the High and Exalted, would guide them to its [proper] understanding.26 Kitāb al-iqtiṣār was followed by al-Muntakhaba, also called al-Urjūza al-muntakha- ba, a versified version of jurisprudence and easy to memorise. It was composed during the reign of the second Fatimid Imam-caliph al-Qāʾim.27 It appears that during the reign of the third Fatimid Imam-caliph al-Manṣūr (r. /–/), Nuʿmān was occupied with the administration of justice and wrote on other subjects, such as history and biographies. Thus, after a period of several years came Kitāb al-ikhtiṣār which was completed around /–. Its full title is Kitāb al- ikhtiṣār li-ṣaḥīḥ al-āthār ʿan al-aʾimma al-aṭhār, or Mukhtaṣar (or Ikhtiṣār) al-āthār fīmā ruwiyā ʿan al-aʾimma al-aṭhār (The Compendium of Sound Tradition Trans- 24 Nuʿmān, Kitāb al-iqtiṣār, p. ; he states: _ W-åz! U(9'[%$ O;dM L: K9> $;[e'?$! K9eD mE$!-%$ o4<M (4jD K9> f ^ ä -c?M U6(c?áG$ )(', K'Ü94jk (ñW(', K2: f ä =-å< it .Bz6! Bx(: ôRQt ;]A 1> o4'<(> .òó]%$! C9A(kuG$! l!-[%$ B:V(D â-ÑW K9A(3: 25 The first volume contains the following seven chapters: Purity, ablution, prayer, poor- tax, fasting, pilgrimage and jihād. The manuscripts I was able to examine are without the author’s introduction. It is difficult to state whether the introduction was deliberately removed or that the manuscript copy, from which the later copies were transcribed, was defective. 26 Nuʿmān, Kitāb al-iqtiṣār, p. ; he states: K[9[|Z! Kca-/'% O;/%$ L: b4ó4W K9> $;[e'?$! K9eD $;34<M (4j: ^W(T%$ SeD -P'zM 5M U1/9>;Z Keg%(W! U^ _ aM6 it @D Keg%$ K/>ö! $+F Ba([, K9eD -P'z$ L4% Keg%$ è(ï 5F K9>! U6(P'zIG$ )(', K'Ü94jk! )('&%$ $#" 1> ç%+ ^ _ 34ó> .Ke9hJZ! .K4h[% bõ<! 27 Referring to it Nuʿmān states in Kitāb al-iqtiṣār, p. : L:ù ie3%$ SeD L93a Keg%$! .(hú[v =$6M L4% (h'Üc|'A$ UBc|'24%$ (h'Ü94jk EC9Pz 1> (ñ<!=@: $y@<6 (ñA!n;: (ñàaM K'Ü4úA Cz! .S%(3Z Keg%$ è(ï 5F KW b43e% K/>ö;a! KceÑ% .Ç$C" See Appendix I for its reference in al-Muntakhaba. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  mitted from the Pure Imams).28 Explaining the reason for its compilation in his al- Majālis waʾl-musāyarāt, Nuʿmān states: Some judges, governors and students asked me to compile a concise book, which contains the statements of the family of the Prophet [on the points of legal issues] approximating their teachings and is easy to handle and memorise. So, I began to work on it and anticipated that when it was completed [its size would be such that] it would be transcribed for a dīnār or less for those who wanted to have a copy. Hence, I entitled it Kitāb al-dīnār (Book for One Dīnār) and explained the [reason for its title] in the introduction. Whatever portion [of it] I had completed I presented it to al-Muʿizz and requested from him that I should read it to him so that it would be [identical to its direct] transmission from him.29 Therefore, Nuʿmān wrote a note to al-Muʿizz and sent it with the portion of the book that he had already completed. Al-Muʿizz, in turn, replied to Nuʿmān’s request with a note in his own hand, written on the back of Nuʿmān’s note, with the follow- ing message: In the name of God, the Merciful and Compassionate. May God preserve you, O Nuʿmān! I became interested in the book and leafed through it. What filled me with [pleasure and] admiration are the soundness of the traditions [you have related] and the brevity of its style. However, there are some [technical] terms in it which many of our friends would have difficulty in understanding, so explain those terms in a way that they can [easily] understand them … and entitle it Kitāb al-ikhtiṣār li-ṣaḥīḥ al-āthār ʿan al-aʾimmat al-aṭhār. The reason for [suggesting this title] is that it corresponds more [with its contents] than the [title] Kitāb al- dīnār [you had given]. Moreover, it contains the learning of God’s Friends [i.e., the Imams], which all human beings ought to seek in earnest…30 28 The extant copies of al-Ikhtiṣār are in the recension of Nuʿmān’s grandson Ḥusayn b. ʿAlī b. al-Nuʿmān. In the first ijāza given by al-Nuʿmān to his son ʿAlī for transmission of the text, the latter states that he had read the book with his father in /–. Hence it implies that al-Ikhtiṣār was completed either in that year or a little earlier. The second ijāza written by Ḥusayn b. ʿAlī states that the permission for its transmission was given to him by the Imam-caliph al-Ḥākim. For the texts of both ijāzas, see Appendix II. 29 Nuʿmān, Kitāb al-majālis, pp. –; he states: UKú[v bhJa! .(23: )-å/a Uih% (oed) ^9c%$ b"M O;z L: -P'|: )(', °JW BceÑ%$! w(&†]%$! E(à/%$ û ü 3W 12%sk! )(', K'Ü94jk! .KA!= (4> 6(2aCW K?(J'A$ Ca-a L: SeD w(z b4, $+F )('&%$ 5\M f ä 6C\z! UK2: (ñ§9ï f ä MC'W(> .K'A£: { ¢ |Z! KD(4k! UK9eD KZè$-z K'Ü%sk! K9> K'Ü3%(•! U(oed) @34%$ S%F K2: KZmMC'W$ (: ^ _ 3>6! UKv(''>$ °JW 1> ç%+ f ä -,+! U6(2aC%$ .K% ç%+ (h9> fä -,+ B¶3z6 K9%F K2: K'Ü3>6 (: o: ^ _ c',! .K2D $y6;ts: 5;&9% K2: 30 Ibid., pp. –; it reads: :("-h© 1> Kц|W K9eD Keg%$ f$;ed 1®%F ozß;> Ba$!-%$ B] ´ d L: K9> 12cóDM (: ^ _ aM-> UK'Ü][\PZ! )('&%$ SeD ^ _ [z! U5(43A (a Keg%$ çA(d .i9v-%$ L4™v-%$ Keg%$ ik(W 1> *;'J9> Uih:(h>M L: )-/a (4W (hv≠-ï(> U(h'Ü>-3: (2x(9%!M L: -9T, SeD ¨('3Z f(4e, K9> Lj&%! U6(P'?IG$ E=;<!  The Study of Shiʿi Islam Al-Muʿizz permitted Nuʿmān to relate the entire book on his authority and that of his forefathers.31 Hence, compared to his earlier works, such as al-Īḍāḥ and some of it abridgements, in this work Nuʿmān gives the isnād of every tradition at the highest point of its transmission authority. For example, qāla rasūl Allāh (the Prophet said), ʿan ʿAlī (from ʿAlī), or qāla Abū Jaʿfar Muḥammad (i.e., al-Bāqir said), or ruwīnā ʿan ahl al-bayt (it has been narrated to us from the family of the Prophet). Therefore, the Ikhtiṣār enjoys the same prestige as the Daʿāʾim as an authoritative source for Ismaili law. I have elaborated elsewhere that the Ikhtiṣār was a major step forward in the direction of codification of Ismaili law by Nuʿmān.32 A major change in the latter work relates to the fact that all the previous legal works commence with a chapter on ritual purity, but the Ikhtiṣār begins with a chapter on knowledge (ʿilm) and a discussion about the most authoritative and sound fountainhead to derive knowl- edge from. Nuʿmān, in this way, made it clear that knowledge of law and theology should be obtained from the rightful Imam who is from the progeny of the Messen- ger of God. The Shiʿi-Ismaili theory of the imamate is the key to unlocking all the Ismaili religious and legal formulations. Not surprisingly, we observe that the Daʿāʾim, composed after the Ikhtiṣār, commences with a chapter on the walāya (devotion to the Imams). It is identified not only as the first pillar of Islam but also as the most excellent of all the pillars. Nuʿmān further adds that it is through the walāya and through the walīy (Imam) that true knowledge of the rest of the pillars can be obtained. It is the longest chapter in the Daʿāʾim. It also contains the most comprehensive discussion concerning the question of the imamate with its various 6(t≤G$ ±9]P% 6(P'?IG$ )(', K4∞k! .#?s4%$ `a-z (ñ[a-• è1óa KAX> .r Ø !-q4%$! { Æ a-q%$ K©([%M ie3W B•(váG$! K'>-3: ihv$!6sW Kc¥e• ≥e|%$ B>ö(, SeD ≥V]a (: Keg%$ è(9%!M ieD L: K9> 5\uG U6(2aC%$ )(', L: KW KÇcïM ç%+ 5\X> .6(h•uG$ B4jxuG$ LD .ih%$;:M LD RíQà> Although Idrīs ʿImād al-Dīn has reproduced the above account from Nuʿmān’s Kitāb al- majālis waʾl-musāyarāt, without mentioning its title, he erroneously states that it was an abridgement of the Daʿāʾim. In his ‘Some Unknown Ismāʿīlī Authors and their Works’, JRAS (), p. , Ḥusayn al-Hamdānī was also misled by Idrīs’ statement when he stated: ‘Chronologically speaking, the Daʿāʾim and Mukhtaṣar were among the last works of the Qāḍī.’ Based on its contents, Shamʿūn Lokhandwalla (see introduction to his edition of the Ikhtilāf, p. ) has argued that it preceded the composition of the Daʿāʾim, and the present writer fully concurs with that conclusion. It seems to me that Idrīs was probably misled by close resemblance between the two: the Daʿāʾim and the Ikhtiṣār. However, on closer examination one finds doctrinal differences between them, though of minor nature. If it was an abridgement of the Daʿāʾim, Nuʿmān would have stated it in its introduction. 31 Referring to the comments and some changes suggested by al-Muʿizz, see Nuʿmān, Kitāb al-majālis, p. ; he states: C3W KZmM-z .(h9eD ieöD! ("-,+! UK9> K'µctM! K'Üc', (4j: è(9ïM r#v! UK2: K'Ü3>6 (49> ±ePZ è(9ïM f(ctXW ç%+ C3W ozß! it .K2: (ñú[% K'Ü>#v! K2: K•(/kXW -:M (: K9> ^ _ c', ^2, (4j: ^ _ Ñ/kM! U.(àZ6$! K]] ´ d (: b∏, K9> ^ ∑ ctM! UK9eD E∂è$-z ç%+ º 4úª3> .ih2D ç%+ ^ ^ ∫ ctM 5M C3W (oed) La-"(Ñ%$ Kx(Wê L: K9> .-,+ L4jD UK2D - 12D #?M L4% – KÇaù!6M 5πM 1% 5+M! Kx(Wê LD KZm-tê ^2, (: 1% ±´P9% ç%+ -98 [S%F] K9%F ç%+ 13>-W ^ _ 0-å3Z L,M i%! .KW 1®eD K'Ü43A ^eö<! UK9> 1ZCx(> . … ih2: ç%+ bcz K'Ü34k! Uih2D E$!-%$ `', L: K'Ü34<! 32 Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, pp. –. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  aspects and implications. In fact, with succinct style, the chapter on the walāya summarises all the topics discussed in the Ikhtilāf. Nuʿmān compiled the Ikhtilāf prior to his composition of the Ikhtiṣār. In the opinion of the present writer, the Ikhtilāf fills a major void in the chain of Nuʿmān’s works that clearly reflects the development of his legal thought and therefore worthy of analysis. The full title given by Nuʿmān is Kitāb ikhtilāf uṣūl al-madhāhib waʾl- radd ʿalā man khālafa ʾl-ḥaqq fīhā (‘The Book of Disagreement about the Positive Laws in Various Schools of Jurisprudence and the Refutation of those who Opposed the Truth Concerning those Laws’). It is believed to have been composed around /, because at the beginning of the book Nuʿmān has copied the decree issued by al-Muʿizz on the occasion of his confirmation to the highest judiciary office in the Fatimid realm.33 The royal edict gave Nuʿmān wide authority and his jurisdic- tion extended to every case when either the maẓālim34 matters were brought directly to him, or as an appeal from any corner of the Fatimid domain. He was granted sole jurisdiction over matters related to the royal entourage, the various classes of the caliph’s bondsmen and the soldiery stationed in the capital. In all the above matters, Nuʿmān was conferred with absolute judicial powers. Besides Idrīs ʿImād al-Dīn (d. /), the Ikhtilāf is mentioned by Ibn Shahrāshūb (d. /) and Ibn Khallikān (/). I have indicated elsewhere that the sources for the information concerning the books of Nuʿmān, both by Ibn Khallikān and Idrīs date back to contemporaneous historians.35 It is also worth noting that all the extant copies of the Ikhtilāf are the recension of Nuʿmān’s grandson, ʿAbd al-ʿAzīz b. Muḥammad b. al-Nuʿmān.36 The front page, following the title, contains a brief foreword written by the grandson. It states as follows: The qāḍī al-quḍāt ʿAbd al-ʿAzīz b. Muḥammad b. al-Nuʿmān said: ‘I have related this book, Ikhtilāf uṣūl al-madhāhib waʾl-radd ʿalā man khālafa ʾl-ḥaqq fīhā, from my father al-Qāḍī Muḥammad b. al-Nuʿmān, may God be pleased with him and may He please him, and my father related it from his father al-Qāḍī al-Nuʿmān b. Muḥammad b. Manṣūr b. Aḥmad b. Ḥayyūn al-Tamīmī, may God be pleased with him and may He please him and honour his return and abode in the here- after, who composed this book after having presented it [for approval] to our lord, the Imam al-Muʿizz li-Dīn Allāh, the Commander of the Faithful, may the salutations of God be upon him and his pure forefathers and the noble Imams from his progeny. It was his [Nuʿmān’s] compilation and he related it. [Nuʿmān has stipulated that] the rights of its transmission after him belong to his sons and 33 The edict is dated  Rabīʿ I, / Sept. . For the full text of the edict see Appendix III. For its English translation see Lokhandwalla, op. cit., pp. –. 34 Maẓālim (lit., unjust actions), at an early stage in its development as an institution of government, came to denote the structure through which the ruling authorities assumed the responsibility for dispensing justice. For details, see J. Nielsen, ‘Maẓālim’, EI, vol. , pp. – ; Hallaq, Origins, pp. –. 35 Poonawala, ‘Sources for al-Qāḍī al-Nuʿmān’s Works and their Authenticity.’ 36 He was appointed the chief qāḍī in / by al-Ḥākim. For information on his life, see The Governors and Judges of Egypt (Kitāb al-umarāʾ wa-kitāb al-quḍāt) of al-Kindī, ed. Rhuvon Guest (Leiden, ), pp. –.  The Study of Shiʿi Islam each one of them will present the book and obtain the permission from the reigning Imam of his time. Hence, my father Muḥammad b. al-Nuʿmān was granted a second permission to relate it by our lord al-ʿAzīz biʾllāh, the Comman- der of the Faithful, may God bless him. Later on I presented it to our lord, the Imam al-Ḥākim bi-Amr Allāh, the Imam of the time, who granted me the permission to relate it on his behalf and gave me the exclusive permission to dictate it to his slaves and recorded the signature in his own exalted hand at the back of the book, which states, ‘We have permitted our qāḍī ʿAbd al-ʿAzīz b. Muḥammad b. al-Nuʿmān to disseminate and dictate this book.’37 The importance of this work is demonstrated by the fact that permission was granted for its transmission by three successive Imam-caliphs, viz., al-Muʿizz, al- ʿAzīz and al-Ḥākim. At the beginning, Nuʿmān explains the reason for its compila- tion and states the following: [After the basmala and the ḥamdala] … Now, [I have to state] that I found the people of the qibla [Muslims], despite their agreement on the apparent text of the Qurʾan and confirmation of [the prophethood of] the Messenger of God, they disagreed not only with regard to legal opinions [on a point of law] in most of the furūʿ [positive rules for the behaviour of men derived from the uṣūl], but also with regard to certain fundamental principles [the uṣūl] and various modes of [their] interpretations (taʾwīl). Thus, they pursued different paths and became divided into sectarian groups and parties even after they had heard and recited the words of God, the Mighty and the Exalted, saying: Establish the true religion and do not be divided about it (Q.:);38 and Those who were given the scripture diverged only after clear proof came to them (Q.:); and Religion with God is Submission. Those to whom the Scripture has been given differed only after knowledge came to them, through outrage amongst themselves (Q.:); and Will they not ponder on the Recitation, or are there locks on their hearts? (Q.:); and Do they not ponder on the Recitation? Had it been from any other than God, they would have found much contradiction in it (Q.:). Thus, God, may His praise be high, found dissension and disagreement blameworthy and summoned them to unity and harmony. He has commanded that and urged them to [unite]. He made them desirous of performing the religious rites [correctly] and prohibited dissent from it. Therefore, I will begin this book with the [discussion of the] reason of their disagreement, which they themselves invited and prompted, and in consequence of it put themselves into [predicament]. I will follow it up with the reports of all what they said and how they established the fundamental [principles of jurispru- 37 Nuʿmān, Ikhtilāf, pp. alif-bāʾ. See also Appendix IV for its text in Arabic. 38 The full text of the verse reads: He has instituted for you that religion which He ordained on Noah and what We have revealed to you and what We enjoined on Abraham and Moses and Jesus, saying, ‘Establish the true religion and do not be divided about it.’ All English translations of the Qurʾan cited in this chapter, unless stated otherwise, are by Alan Jones, The Qurʾān: Translated into English (London, ). The Evolution of al-Qāḍī al-Nuʿmān’s Theory  dence] for themselves. I will expose the incorrectness of those principles and then interject the creed of the People of Truth (ahl al-ḥaqq)39 concerning [the princi- ples] about which they disagreed. I will elucidate and make those principles transparent with proofs. Subsequently, I will mention the doctrine of every sectarian group and their supporting arguments for what they alleged. Then, I will refute their stance for abandoning the truth in what they unduly assumed for themselves.40 Nuʿmān states that the reason for discord among the Muslim community following the Prophet’s death was that they did not entrust their affairs to the care of the person who was rightfully authorised by the Qurʾan and the Prophet to assume the helm of the nascent Islamic state.41 Nuʿmān then cites various traditions generally related by Shiʿi sources to prove that ʿAlī b. Abī Ṭālib was the most learned of the Companions of the Prophet regarding the Qurʾan and the occasions of its revelation (asbāb al-nuzūl). Therefore, he was well versed in Qurʾanic law and it is claimed that he said, ‘Ask me before you lose me.’42 It is also claimed that he said, ‘Had a pillow been folded for me to sit [on] to dispense justice, I would have judged the People of the Qurʾan with the Qurʾan, the People of the Torah with the Torah, and the People of the Gospel with the Gospel, so no two people would have disagreed with regard to the edicts of [their respective] religion.’43 Having made his most important points with regards to ʿAlī b. Abī Ṭālib that he was the rightful successor of the Messenger 39 Ismaʿili dāʿīs use this term for self reference. Abū Yaʿqūb Isḥāq al-Sijistānī, Kitāb al- iftikhār, ed. Ismail K. Poonawala (Beirut, ), passim. 40 Nuʿmān, Ikhtilāf, pp. –. See also Appendix V for the Arabic text. 41 Recent studies on the issue of succession to the Prophet are by Wilferd Madelung, The Succession to Muḥammad: A Study of the Early Caliphate (Cambridge, ); and his ‘Shīʿism in the Age of the Rightly-Guided Caliphs’, in L. Clarke, ed., Shīʿite Heritage (Binghamton, NY, ), pp. –; Khalid Blankinship, ‘Imārah, Khilāfah, and Imāmah: The Origin of the Succession to the Prophet Muḥammad’, in Clarke, ed., Shīʿite Heritage, pp. –; Shaykh Muhammad Mahdi Shams al-Din, ‘The Authenticity of Shīʿism’, in Clarke, ed., Shīʿite Heritage, pp. –; Khalil Athamina, ‘The Pre-Islamic Roots of the Early Muslim Caliphate: The Emergence of Abū Bakr’, Der Islam,  (), pp. –; Tarek Fatah, Chasing a Mirage: The Tragic Illusion of an Islamic State (Mississauga, Ontario, ). 42 The Arabic reads: .1A!C/[Zm 5M bcz 1A;ek :O;/a (: $y-9T, 5(, KAM K2D 6;ts4%$ ΩaC]%$ ç%+ L:! Nuʿmān, Ikhtilāf, p. . In Ghurar al-ḥikam of al-Āmidī (as cited by Muḥammad Bāqir al- Majlisī, Biḥār al-anwār, annotated by al-Sayyid Jawād al-ʿAlawī and al-Shaykh Muḥammad Ākhundī, Tehran,  Sh./, vol. , p. ), the full text of the tradition is reported as follows: .76uG$ æ-ÑW i&2: -c?M f$!(4J%$ æ-ÑW 1AYs> U1A!C/[Z 5M bcz 1A;ek 43 Nuʿmān, Ikhtilāf, p. ; it states: ;% (:M :K%ê! K9eD Keg%$ Sed Keg%$ O;k6 C3W Å(2%$ rRQ'?$ øM6 Cz! UO(z KAM K9eD Keg%$ f$;ed 1eD LD 6;ts4%$ ΩaC]%$ .b9óAáG(W b9óAáG$ b"M L9W! UE$6;'%(W E$6;'%$ b"M L9W! U5ê-/%(W 5ê-/%$ b"M L9W ^ _ 9à/% Å(2e% ^_ Je<! E¡=(k! 1% ^92t¿ .LaC%$ w(&vM L: i¬&v 1> 5(2t$ {e'?$ (4%! See also al-Majlisī, Biḥār al-anwār, vol. , pp. –.  The Study of Shiʿi Islam of God for the leadership of the Muslim community and that he was the most knowledgeable about the interpretation and injunctions of the Qurʾan, Nuʿmān continues with a discussion about the fundamental principles of the law that had developed before him. He summarises them as follows: Most of the jurists state that whatever legal ordinances and related matters concerning lawful and unlawful matters that are clearly mentioned in the text of the Qurʾan, should be followed and acted upon. Whereas the matters that are not stated explicitly in the Qurʾan should be sought in the sunna of the Messenger of God. If those matters are treated or referred to in the sunna of the Messenger of God, they should be adhered to and acted upon without overstepping them. Now, whatever is not accounted for in either the Qurʾan or the sunna of the Messenger of God, should be sought in the reports of the Companions. If those matters are dealt with in their assertions and have been agreed upon by the Companions, we should adopt them. However, if we discover certain things in their statements, but at the same time also find that they had disagreed among themselves on those very issues, in such cases we have a choice; either we choose the report of one Companion or the other with which we are satisfied. Some jurists, on the other hand, have maintained that if they could track down a particular thing/issue that they were looking for in the statements of the Compan- ions, they should accept it and not depart from it. However, if what they were looking for cannot be found in either the Qurʾan, the sunna of the Messenger of God, or in the accounts of the Companions, they should consider another option, whether the legal scholars had agreed on that matter. If they had agreed upon it, they should adopt it and not depart from their consensus. Yet, another group of jurists disagreed with the rest and declared certain things to be lawful or unlawful merely by justifying their own opinions and conclusions.44 Nuʿmān states that by such an action the latter faction of the jurists simply turned away from their opponents and followed other leaders. Nuʿmān adds that this group did not stop there and accused their rivals of unbelief. Yet, other jurists asserted their belief in the doctrine of qiyās (judicial reasoning by analogy),45 while others advocated the doctrine of raʾy (personal, or considered opinion)46 and ijtihād 44 For the Arabic text, see Appendix VI. 45 Monique Bernard, ‘Ḳiyās’, EI, vol. , p. . It is a collective name for a variety of legal arguments including, inter alia, analogy, argumentum a fortiori, reductio ad absurdum, or deductive arguments; see Hallaq, Origins, pp. –, –, and his History, pp. – . 46 It is a discretionary opinion or reasoning based on precedent or on subjective consid- erations, see Hallaq, Origins, pp. –; Hallaq, History, pp. , . The Evolution of al-Qāḍī al-Nuʿmān’s Theory  (jurisprudential interpretation),47 while others upheld the principles of istiḥsān (juristic preference),48 naẓar (speculation, arbitrary reasoning), or istidlāl (inductive reasoning).49 According to Nuʿmān, all the aforementioned groups originated from a common intent, their belief that the Qurʾan and the sunna of the Messenger of God do not provide them with all the information needed to decide all cases they encountered during their lives. Nuʿmān, therefore, asserts that all these groups are united on an unsound principle, which constitutes nothing more than following their own fancies and whims. To support his contention that God, the Mighty and High, has perfected his religion and warned the people against speculations in religious matters, Nuʿmān cites numerous verses from the Qurʾan. These include, God said: And who is further astray than him who follows his whim without guidance from God? (Q.:); They only follow guesswork, and guesswork is of no avail against the truth (Q.:). Additionally He said: O David, We have made you a viceroy in the land. Judge between the people in truth. Do not follow caprice, lest it lead you away from the way of God (Q.:). Addressing His Messenger, God said: So [O Muḥammad] judge between them by what God has sent down; and do not follow their whims (Q.:). After citing the above verses Nuʿmān quotes a well-known tradition of the Messen- ger of God: ‘Follow, and do not innovate, for every innovation is an error, and every error leads to hellfire.’50 Following the above introductory remarks, Nuʿmān first takes issue with his adversaries’ claims that there are several things, lawful or unlawful, not mentioned in either the Qurʾan or the sunna of the Messenger of God. The main objective of Nuʿmān’s argument in this case is to demonstrate that this claim is preposterous. In support of his argument he draws heavily on Qurʾanic verses. It should be remarked here that Nuʿmān was simply following in the footsteps of the Shiʿi ʿulamāʾ who, by the time of Nuʿmān’s writing, had fully elaborated the Shiʿi doctrine of the imamate. 47 Joseph Schacht, ‘Idjtihād’, EI, vol. , pp. –. It is a process of legal reasoning through which the jurist derives or rationalises law on the basis of the Qurʾan and the sunna; during the early centuries of Islam it meant the exercise of one’s discretionary opinion based on ʿilm. See Hallaq, Origins, pp. –, ; Hallaq, History, pp. –. 48 Rudi Paret, ‘Istiḥsān’, EI, vol. , pp. –. It is a juristic preference based, in the early period, upon practical considerations, and later, on a particularised textual ratio legis; see Hallaq, Origins, pp. –, –; Hallaq, History, pp. –. 49 R. Arnaldez, ‘Manṭiḳ (esp. Logic in the judicial science)’, EI, vol. , pp. –. Istidlāl means arguments based on the dalīl, and it covers various inferences that do not belong to the category of qiyās. See Hallaq, History, pp. , , , ; he states that arbitrary reasoning was often characterised as raʾy and naẓar. He further adds that in certain cases, reasoning, appearing under the labels of raʾy and naẓar, was nothing short of systematic qiyās. 50 Nuʿmān, Ikhtilāf, pp. –, ; it reads: .6(2%$ 1> Bƒ%RQ0 bõ,! UB≈%RQ0 BƒDCW bõ&> U$;DC'cZ IG! $;3cZ√F :K%ê! K9eD Keg%$ Sed Keg%$ O;k6 O(z It is transmitted by Muslim, Abū Dāwūd, Nasāʾī, Ibn Māja, Dārimī and Ibn Ḥanbal. A. J. Wensinck, Concordance et indices de la tradition musulmane (Leiden, ), s.v. ḍ-l-l. See also Nuʿmān, The Pillars of Islam, vol. , p. .  The Study of Shiʿi Islam One of the fundamental elements of that doctrine is that the Imam is presumed to be the most learned person in the Muslim community.51 Nuʿmān was a fierce proponent of the doctrine of the imamate. Of course, he was selective in his selection of Qurʾanic verses and took them out of context. However, to be fair, this was the norm of his day since there were a considerable number of sectarian groups and all of them tried to justify their claim by Qurʾanic verses and traditions of the Prophet. Let us return to Nuʿmān and analyse how he developed his arguments that the Qurʾan contains everything that the faithful might need to guide him during his life. It is a recurring argument. First, he quotes from the Qurʾan to stress the point that it is a comprehensive Book. He uses the passage, God says: We have neglected nothing in the Book (Q.:).52 Addressing His Messenger, God says: We have sent down to you the Scripture as an explanation (tibyānan) of everything and guidance and mercy and good news to those who submit (Q.:). Nuʿmān argues that the above verses clearly demonstrate that God explained everything in His Book and He did not neglect any aspect pertaining to Islam. The term ‘bayān,’ Nuʿmān explains is applied to what is obvious, clear, manifest and known.53 Hence, one does not need to resort to qiyās, raʾy, ijtihād, istiḥsān, naẓar or istidlāl for explanations. If those people who advocate the above theories would ask us: ‘Where is this explanation (bayān) [what you have stated] in the Qurʾan?’ In his defence Nuʿmān states: ‘We will respond with the following verses wherein God quite clearly says: And We have sent down to you [O Muḥammad] the reminder for you to make clear to men what has been sent down to them (Q.:). He says: Whatever the Messenger gives you, take it. Whatever he forbids you to have, leave it alone (Q.:). God also says: If they were to refer it to the Messenger and to those who have authority among them (uliʾl-amr minhum), those among them able to investigate the matter would know [how to handle it] (Q.:). Moreover, God states: Obey God and obey the Messenger and those of you who have 51 For more details see Ismail Poonawala, ‘The Imām’s Authority during the Pre- Ghaybah Period: Theoretical and Practical Considerations’, in Clarke, ed., Shīʿite Heritage, pp. –. 52 Alan Jones has translated al-kitāb as ‘record’, while most of the translators, such as Bell, Yusuf ʿAlī, Pickthall, Arberry and Abdel Haleem have rendered al-kitāb as ‘Book’. I have preferred the latter. 53 Nuʿmān, Ikhtilāf, p. . He states: .-98 1> øCh%$ ocZ√$ L: KAM K%ê! K9eD Keg%$ Sed Keg%$ O;k6 -c?M! .è«([ï! øC∆"! (ñA(9cZ! (ñ4&v S%(3Z Keg%$ .(4jk ç%#,! »KW(', 1> K%@î2ap i% K/e? KW Keg%$ Ccå3Z (ñ§9ï 5M 5;e"(ó%$ èIG£" iD@a {9&> .Keg%$ Keö0M The terms bayān and tibyān occur four times in the Qurʾan: :, :, : and :. It is worth noting that in his Risāla, ed. Aḥmad M. Shākir (nd ed., Cairo, ), p. ; tr. Majid Khadduri, al-Shāfiʿī’s Risāla: Treatise on the Foundations of Islamic Jurisprudence (nd ed., Cambridge, ), p. , Shāfiʿī states: ‘No misfortune will ever descend upon any of the followers of God’s religion for which there is no guidance in the Book of God to indicate the right way.’ Soon thereafter he cites the following verses of the Qurʾan: :, :, : and :. It is followed by several sections elucidating the term ‘al-bayān.’ Shāfiʿī discusses certain characteristics of the Qurʾan as an introduction to a fuller treatment of the Qurʾan from a juridical viewpoint. In his History, pp. –, Hallaq has succinctly summarised the contents of the Risāla. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  authority (uliʾl-amr minkum) (Q.:). God also says: Today I have perfected your religion for you and completed My blessing for you and have approved Submission (al- islām) as a religion for you (Q.:)’.54 Nuʿmān adds that the bayān of the Messenger of God and the uliʾl-amr are included in the ordinance of the Qurʾan. This, therefore, is clear evidence that the uliʾl-amr comprehends the lawful and unlawful, and all related matters that a person would need to know during the course of his life. He adds that the uliʾl-amr need neither qiyās, raʾy, istidlāl, ijtihād, istiḥsān, nor naẓar. Addressing His Prophet, God said: We have sent down to you the Scripture with the truth, for you to judge between the people by that which God has shown you (Q.:). Ridiculing the above-stated theories, Nuʿmān adds rhetorically, ‘God said to the Messenger of God ‘that which God has shown you,’ He did not say to His Messenger, ‘that which [O Muḥammad] you considered as your personal opinion,’ or ‘that which is reached through your juristic preference,’ or ‘that which you arrived at by analogical reasoning,’ or ‘that which you reached by speculation,’ or ‘that which you reached by inductive reason- ing,’ or ‘that which you concluded from your personal reasoning.’55 Nuʿmān continues and states that people queried the Messenger of God with many issues in different situations, but he did not respond by exercising his personal opinion or analogical deduction. Rather he waited until the revelation came. There are several verses of the Qurʾan that point in that direction: for example, They ask you about menstruation. Say, ‘It is a vexation. Withdraw from women during menstruation’ (Q.:); and They will ask you about the Spirit. Say, ‘The Spirit is part of the affair of my Lord, and you have been given only little knowledge’ (Q.:); and They ask you about what they should spend. Say, ‘The surplus’ (Q.:); and They ask you about orphans. Say, ‘Setting their affairs right is good’ (Q.:); and They ask you about the sacred month and fighting in it. Say, ‘Fighting in it is grievous, but turning [people] from God’s way and unbelief in Him … is more grievous with God’ (Q.:). Nuʿmān sarcastically adds: ‘How preposterous it is then to allege that God did not perfect His religion and left it to the people to perfect it! Even the Jinn, when they heard the Qurʾan recited to them exclaimed: We have heard a marvellous recitation, which guides to righteousness. We believed in it (Q.:–). God has called the Qurʾan ḥukman [ʿArabiyyan] (a criterion in Arabic) (Q.:), and tibyānan [li- kulli shayʾin] (an explanation of everything) (Q.:), and hudan (a guidance) (Q.:; :; :), and shifāʾan (a remedy) (Q.:). How dare they say that 54 In his Uṣūl al-sharīʿa (Beirut, ), p. , Muḥammad Saʿīd ʿAshmāwī states that the verse was revealed when the Prophet was making a pilgrimage and the thrust of the meaning refers to the ritual practices required for the perfection of Islam as a religion. See also Hallaq, History, p. . 55 Nuʿmān, Ikhtilāf, p. ; it reads: 6(P> .K9eD OÖ=! KW ≥ÑA! Uç%+ `<!M )('&%$ 5(, +F )('&%$ i&v 1> 5RQ?$= -:uG$ 1%!M 5ã(9W! O;k-%$ 5ã(9W 5(,! S234%$ $#hW )('&%$ 1> (ñ'cT: O;/%$ $#hW UKW =(c3%$ Keg%$ Ccå3Z (: o…94<! Uûx$-[%$! w(&vuG$! (a(à/%$! w$-]%$! ORQ]%$ o…94< IG! U=(h'<IG$ IG! U*M-%$ IG! UK9> OIGC'k$ IG! UK9eD Å(9/%$ S%F ì(']a IG! .bÀ[/: IG! bÀ&q: -98 U(ñ29 W (ñ]0$! .5;[e'|4%$ èIG£" iDn (4, U-ú2%$ IG! U5(J]'kIG$  The Study of Shiʿi Islam the Qurʾan is lacking in guidance! The Messenger of God said, “One who follows guidance from a source other than the Qurʾan, God will make him lose his way.”56 Thus, how dare those ignorant people claim that the very matters with which mankind worship God, He did not reveal in His Book? Who taught them such knowledge? Did it not come through the Messenger of God? God says: Say [O Muḥammad], ‘I follow what is revealed to me from my Lord.’ (Q.:). God also says: And He has taught you [O Muḥammad] what you did not know. God’s bounty to you is great (Q.:). Even the angels, addressing God, proclaimed: Glory be to You. The only knowledge we have is what You have taught us. You truly are the Knowing and the Wise (Q.:). How then those uninformed people allege that they derive legal rulings pertaining to what is lawful and unlawful that are not mentioned in the Qurʾan and the sunna? Did they not contradict the Qurʾan and claim for themselves a position higher than that of the prophets and the angels?’57 Let me add another reason Nuʿmān has given at the end of the book for the compilation of the Ikhtilāf. It is not altogether different from what he had given at the beginning of the book, but it recalls his personal encounter with someone who held a different view on this matter. He states: The reason for my compilation of this book in such a way is that I was a neigh- bour of someone who held the doctrine of ijtihād. I explained to him that it was an unsound assertion and I protested against it with the same arguments that I have presented in this book until he ceased from [asserting] it. I thought that he had confessed the truth and returned [to the right path]. But, subsequently he wound up with the composition of a booklet in which he elaborated the views of those who uphold the doctrine of ijtihād and persisted in his arguments that he had held before. I have related in this book all that he had compiled in his booklet of the argu- ments of the proponents of that theory. I have added additional affirmations and arguments that have reached me, but were not mentioned by him. And I have demonstrated unsoundness [of such belief] and refuted their arguments. I did not intend to invalidate only the theory of ijtihād, so that the one to whom this book reaches might think that I was satisfied with other principles advocated by the schools that are antagonistic to the truth which I have discussed in this book. Hence, I saw it fit to mention all their statements and refute them [one by one] seeking success and recompense from the Almighty.58 56 This tradition of the Prophet is transmitted by Tirmidhī and Dārimī. Wensinck, Concordance, s.v. ḍ-l-l. 57 I have summarised the Arabic text in translation. Nuʿmān, Ikhtilāf, pp. –. 58 For the Arabic text see Appendix VII. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  It is at this stage in the book that Nuʿmān introduces the madhhab of the People of Truth, the Ismaili legal doctrine and outlines the principles of its legal thought.59 First, he copies the royal decree of the Fatimid Imam-caliph al-Muʿizz, which was issued on the occasion of his investiture with the highest judicial office in the Fatimid realm and was read publicly. It was transcribed on Monday  Rabīʿ I, / [ September ].60 What interests us the most are the instructions given by al- Muʿizz to Nuʿmān. They basically cover the fundamental principles of Ismaili law as elaborated by Nuʿmān. What follows is the summary of the directives issued by al- Muʿizz. Firstly, in all his legal decisions and judgements, Nuʿmān should follow the Book of God, which is described in His words as: Falsehood cannot come to it from before it or from behind it, a Revelation sent down from One [who is] Wise and Praiseworthy (Q.:). Al-Muʿizz states: ‘Verily, God has clarified in His Book all matters that are either lawful or unlawful in His eyes. He has also expounded His commands and illuminated His signposts.’ Secondly, if Nuʿmān cannot find any reference [concerning a particular issue] either in the Qurʾanic text or in the sunna of the Messenger of God or his precepts, he seeks it in the acts and decisions (madhāhib) of the virtuous, pious and Rightly Guided Imams who are from the progeny of the Messenger of God, the forefathers of the Commander of the Faithful. They are the treasures of God’s knowledge and the hidden secrets of His revelation. They are designated by God as guides for mankind and the luminaries in the darkness who are supposed to rescue them from the bewilderment of blindness and the gloom of destruction. They are the exem- plary models who should be followed in religious and mundane matters. Thirdly, if something appears to him as ambiguous and difficult [to resolve], or dubious and problematic, he should refer it to the Commander of the Faithful, so that he might be able to guide him in the appropriate direction. Indeed, the Com- mander of the Faithful is the best (baqiyya)61 of the Rightly Guided deputies of God and from the progeny of the Rightly Guiding Imams. The Almighty has command- ed people to turn to the Imams for guidance, to direct their questions to them and to acquire knowledge from them. God has also enjoined His servants to refer to the 59 For the development of the concept of madhhab as a group of jurists and legists who are strictly loyal to a distinct, collective legal doctrine attributed to an eponym, after whom the school is known to acquire distinctive characteristics, see Hallaq, Origins, pp.  ff. 60 For its Arabic text, see Appendix III. 61 The word baqiyya, lit. means remainder, remnant, relic; however, when used in a genitive construction (iḍāfa) annexed to a word referring to a tribe, family, or a community, it means the most excellent of them. For example, wŒ;/%$ BÕ9å/W L: 5à RQ> means such a one is the most excellent, or the best of the people. Edward Lane, Arabic-English Lexicon, Reprint (Cambridge: The Islamic Society, ), s.v. b-q-y; older sources are indicated therein. The word was used by al-Muʿizz in his sermon announcing the death of his father al-Manṣūr, see Inside the Immaculate Portal: A History from Early Fatimid Archives. A new edition and English translation of Manṣūr al-ʿAzīzī al-Jawdharī’s biography of al-Ustādh Jawdhar, edited & translated by Hamid Haji (London: I.B.Tauris, ), p.  (Arabic text). Lokhandwalla’s translation “remnant” is incorrect. I am thankful to Hamid Haji for drawing my attention to the above reference.  The Study of Shiʿi Islam Imams, as God has said: If they were to refer it [any matter] to the Messenger and to those who have authority (uliʾl-amr) among them, those among them able to investi- gate the matter would know [how to handle] it (Q.:). The Almighty has also said: Ask the people [who have] the reminder (ahl al-dhikr) if you do not know (Q.:). Moreover, the Messenger of God has declared, ‘I am leaving among you two things of great weight (al-thaqalayn), the Book of God and my kindred (ʿitratī), the People of My House (ahl baytī). As long as you will adhere to them, you will never be led astray, because these two shall never be separated until they return to me at the Pool.’62 As previously mentioned, Nuʿmān had already elaborated these principles at the beginning of the book. Now, they are reinforced by al-Muʿizz’s royal decree. Another significant point Nuʿmān makes with regard to the edict and the instruc- tions contained in it, is that it was the norm for all previous Imams beginning with the first Imam-caliph al-Mahdī to issue similar edicts whenever they appointed a qāḍī. Nuʿmān states that al-Manṣūr had also issued similar directives to him on the occasion of his appointment to that office. Nuʿmān asserts that the Imams did not enjoin their qāḍīs with the ability to exercise qiyās, naẓar, istiḥsān, raʾy or ijtihād as was the case with the rest of the Sunni caliphs. Nuʿmān adds that the overall Muslim community is united in their view that if a person does not know something related to religion and someone else has that knowledge, he ought to seek the latter’s advice. Hence, Nuʿmān poses a rhetorical question and states: How is it then permissible for anyone to exercise his own individual opinion, or employ a different means of deduction? God has said: [They] will reckon that they have something to stand on. Truly, they are the ones who lie (Q.:). If that would have been the case, everyone would have exercised his opinion and all people would be equal in knowledge. As a result there would not have been any distinc- tion between the learned and the ignorant. But, the Almighty has stated: But only those with knowledge will understand them (Q.:). He also stated: Ask the people [who have] the reminder if you do not know (Q.:). But people differed as to the identity of ahl al-dhikr. Some people said that they were the fuqahāʾ (jurists). Had that been the case, it would have been said to them, ‘But, those jurists disagree among themselves. Some of them consider certain things lawful, while the others regard those very things unlawful. How would it be permissible for God to command people to ask them such matters of great significance? Similarly, some people asserted that the uliʾl-amr, whose obedience is command- ed by God, were the commanders of the sarāyā (military detachment sent by the 62 This tradition, known as ḥadīth al-thaqalayn (two weighty things) is transmitted by Ibn Ḥanbal, Muslim, Tirmidhī and Dārimī; Wensinck, Concordance, s.v. th-q-l. See also Nuʿmān, The Pillars of Islam, vol. , p. . Muslim’s version contains ‘God’s Book’ and ‘My Family’. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  Prophet).63 Such an interpretation is incorrect, because the command to obey God, His Messenger, and uliʾl-amr is addressed to all Muslims alike and is not limited to only those who only participated in some military expeditions sent by the Prophet.’64 Thus far I have merely discussed and analysed the introduction of the book, consisting of about  printed pages of the text. The rest of the book contains over  pages which is devoted to the presentation of the views of the rival schools of jurisprudence and their refutations. Nuʿmān organises the book into several sections. First, he addresses the aṣḥāb al-taqlīd and at the end of the debate asserts that the same charge cannot be levelled against the Shīʿa.65 This is followed by a section covering the aṣḥāb al-ijmāʿ. This is divided into three sections/chapters: the people who uphold ijmāʿ and their refutation; disagreement with regard to its ḥujjiyya (authoritativeness of methodological principles);66 and an account of ijmāʿ with regards to place and time.67 It is preceded by those who maintain the doctrine of naẓar. Aṣḥāb al-qiyās68 comes next and is followed by those who assert the doctrines of istiḥsān and istidlāl. The last topic pertains to those who uphold the doctrine of raʾy and ijtihād.69 Ultimately, it concludes with a recapitulation of Nuʿmān’s representations of those groups and the main arguments. An Account of Aṣḥāb al-Taqlīd and their Refutation70 Nuʿmān commences this chapter and states that God did not command the faithful to follow anyone after His Messenger except the uliʾl-amr whom the Prophet had designated as the vanguards of the community. However, the community disregard- ed this particular instruction of the Messenger of God and followed inappropriate individuals. After alluding to the historical events that followed the death of the Prophet, Nuʿmān narrates the story of ʿAdī b. Ḥātim al-Ṭāʾī who came to the Messenger of God to accept Islam while he was still wearing a cross made of gold around his neck. The Messenger of God, therefore, asked him to remove it and he recited to him the sūrat barāʾa (also known as sūrat al-tawba, chapter nine of the Qurʾan) until the end of the verse where God states: They have taken their rabbis and monks as lords apart from God (Q.:). Thus, Nuʿmān criticises that the Muslim 63 For the meaning of the sariyya, pl. sarāyā, see The History of al-Ṭabarī, vol. : The Last Years of the Prophet, The Formation of the State, A. D. –/A. H. –; tr. and annotated by Ismail K. Poonawala (Albany, NY, ), p. . See Nuʿmān’ refutation in The Pillars of Islam, vol. , p. . 64 I have summarised the Arabic text of the Ikhtilāf, pp. –. 65 It consists of  pages and is the fourth longest chapter. 66 For ḥujjiyya see Hallaq, History, pp. –, , , . 67 It is the longest chapter and is comprised of  pages. 68 It is comprised of  pages and is the second longest chapter. 69 It consists of  pages and is the third longest chapter. 70 For the meaning of taqlīd, see Hallaq, Origins, p. ; Hallaq, History, pp. –.  The Study of Shiʿi Islam community has become almost identical with the former communities of the Jews and the Christians whose story God has told us in the aforecited verse. Nuʿmān narrates a tradition on the authority of the Imam Jaʿfar al-Ṣādiq stating that the Imam had rightly interpreted this verse as referring to the Muslim commu- nity of his days and said that they (i.e., the misguided of the community) did not, indeed, fast for, nor pray to their leaders; but these leaders permitted the communi- ty to do things that were ultimately unlawful, and so the people considered those things to be lawful; and [similarly] when their leaders forbade things that were lawful, the people considered those things to be forbidden.71 The Prophet had foreseen the situation that would prevail in his community. This was the reason that he said: ‘You will surely follow the paths of the communities before you as a horse- shoe upon a horseshoe and an arrow feather on an arrow feather, to the extent that if they had entered a lizard’s hole, then you too would surely have done the same.’72 The correct version of another popular tradition, known as the ḥadīth al-thaqalayn, identifies the two weighty things as ‘the Book of God’ and ‘my kindred’ (i.e., the People of the Messenger of God’s House). It is not what the majority of the Muslims claim: ‘the Book of God’ and ‘my sunna.’ Nuʿmān states that the latter version is nothing more than tampering with the original text of the tradition. Nuʿmān states that the main argument they present for their justification of taqlīd (blind following, submission) is a tradition ascribed to the Prophet which states, ‘My Companions are like the stars; whichever one of them you choose to follow, you will be rightly guided.’73 Nuʿmān then points out the fact which is well known to students of Islamic history: the Companions not only disagreed among themselves, they also fought among themselves and killed each other. The first thing a great majority of the Muhājirīn and Anṣār disagreed on was the injunction of the Messenger of God concerning the leadership of the community after him. Without going into the detail Nuʿmān alludes to the gathering at the Saqīfat Banī Sāʿida where a heated debate ensued between the Anṣār and the Muhājirīn that supposedly led to Abū Bakr being selected as the successor of the Prophet.74 Having made this significant point, Nuʿmān moves on to demonstrate that the Companions hardly agreed on anything. Nuʿmān reports that when Abū Bakr intended to fight the people of the Yamāma on the pretext of their not paying the zakāt, ʿUmar advised the caliph against such a move.75 Nuʿmān then calls the 71 See also Nuʿmān, The Pillars of Islam, vol. , p. . 72 Ibid., vol. , p. ; older sources are indicated there. 73 Ibid., vol. , p. . Walīy al-Dīn Muḥammad al-Tabrīzī, Mishkāt al-maṣābīḥ, ed. Muḥammad Nāsir al-Dīn al-Albānī (Damascus, ), vol. , p. ; tr. James Robson, Mishkat al-masabih (Lahore, ), vol. , p. ; various versions are cited. 74 For details as to what happened in the Saqīfat Banī Sāʿida, see Poonawala, The History of al-Ṭabarī, vol. , p.  ff., where other parallel sources are cited; Fred Donner, The History of al-Ṭabarī, vol. : The Conquest of Arabia (Albany, NY, ), pp.  ff. 75 This report cannot be verified from historical sources. It probably refers to the incident of Buṭāḥ wherein Khālid b. Walīd killed Mālik b. Nuwayra and married his wife. ʿUmar was angry at what Khālid did and pressed Abū Bakr to dismiss him, saying: ‘In his sword there really is forbidden behaviour.’ Whereupon Abū Bakr replied: ‘O ʿUmar I will not sheathe a The Evolution of al-Qāḍī al-Nuʿmān’s Theory  reader’s attention to ʿUmar’s ignorance of the Qurʾan, especially with regard to its injunctions.76 In many cases the second caliph ʿUmar b. al-Khaṭṭāb had given wrong legal decisions, but thanks to ʿAlī’s timely intervention and advice, ʿUmar revoked his judgements. Hence, the origin of the famous saying, ‘Had it not been for ʿAlī, ʿUmar would have perished.’77 It is worth noting here that Nuʿmān then goes on to expound the linguistic meaning and usage of the verb ṣaḥiba and its noun formation aṣḥāb in the Qurʾanic usage and in the Prophet’s utterance during his final illness. When the Messenger of God got irritated with some of his wives for not carrying out his recommendations he said to them, ‘You are like Joseph’s little female companions (innakunna ṣuwayḥi- bātu Yūsuf).’78 Of course, the term ‘ṣuwayḥibāt Yūsuf’ was not a compliment, rather it had a negative connotation. Nuʿmān then states that the word nujūm was used metaphorically in the tradition they alleged that the Messenger of God had said: ‘My Companions are like the stars; whichever of them you choose to follow, you will be rightly guided.’ If it is authentic, Nuʿmān appropriates it and states that it refers to the Imams from his progeny and not to the Companions as the literal meaning of the tradition suggests.79 Clarifying his position that he is not bent on belittling the Companions, Nuʿmān states that his intention was not to disparage the Companions but to refute their argument supporting blind following. Nuʿmān adds that the same argument against taqlīd applies to those who blindly follow the tābiʿūn (the Followers), and those who follow the generation who came after them, that is, the lāḥiqūn. However, Nuʿmān adds, the most famous people to whom the word taqlīd is associated with are those who uphold the doctrine of the raʾy, istiḥsān, qiyās, naẓar and ijtihād, like Abū Ḥanīfa al-Nuʿmān al-Kūfī, Mālik b. Anas al-Madanī and Muḥammad b. Idrīs al- Shāfiʿī. A great majority of the people are the followers of those three figures. Nuʿmān’s statement implies that the three major Sunni schools of jurisprudence had already crystallised by the middle of the th/th century. It should be noted that Ibn Ḥanbal does not come into the picture at all, which clearly implies that he was not considered a major jurist or the founder of the Ḥanbalī madhhab at that time.80 sword that God has drawn against the unbelievers.’ Donner, The History of al-Ṭabarī, vol. , pp. –; al-Yaʿqūbī, Taʾrīkh al-Yaʿqūbī, ed. Muḥammad Ṣādiq Baḥr al-ʿUlūm (Najaf, ), vol. , p. ; Ibn al-Athīr, al-Kāmil fiʾl-taʾrīkh, ed. C. J. Tornberg (repr., Beirut, ), vol. , pp. –. 76 In his al-Iḥkām fī uṣūl al-aḥkām (Cairo, /–), vol. , p. , Ibn Ḥazm gives specific examples where ʿUmar lacked adequate knowledge of the Qurʾan. Moreover, in the section entitled ‘Fīhi bayān sabab al-ikhtilāf al-wāqiʿ bayn al-aʾimma fī ṣadr hādhihi al- umma’ (vol. , pp.  ff.), Ibn Ḥazm gives a vivid picture of differences among the nascent Muslim community concerning their knowledge of the Qurʾan and ḥadīth. 77 For details and sources see Nuʿmān, The Pillars of Islam, vol. , p. . 78 For details see Poonawala, The History of al-Ṭabarī, vol. , p. . 79 For details and older sources, see Nuʿmān, The Pillars of Islam, vol. , p. . 80 Hallaq, Origins, pp.  ff. He states that the beginning of legal Ḥanbalism, which had already established itself as a theological school, is to be located in the juristic activities of the generations that followed him.  The Study of Shiʿi Islam Nuʿmān then proceeds to criticise the founders of the three schools of jurisprudence. Nuʿmān points out that Abū Ḥanīfa frequently changed his opinions and he is the one who is credited with saying: ‘This knowledge of ours rests on opinion (raʾy) only, and in our opinion it is the best that can be attained. However, if someone comes to us with a better opinion, we shall reverse our opinion and adopt his view.’81 Abū Ḥanīfa believed in the doctrine of qiyās and claimed that it is the most useful one. Nuʿmān then relates a story of a man from Khurāsān who performed the pilgrimage whereupon he met Abū Ḥanīfa and wrote down on his authority his legal opinions concerning certain issues. The following year the man returned to Mecca for pilgrimage, met Abū Ḥanīfa and asked him about the same issues. But Abū Ḥanīfa contradicted what he had previously said in toto. At this the Khurāsānī beat his face in confusion and let out a cry. The people gathered around him and asked him the reason. He said, ‘O people! This man [Abū Ḥanīfa] gave me his legal opinion on certain issues last year. I then returned home and on the basis of his opinions I made certain things lawful and unlawful for my people. When I came to him this year he revoked his earlier opinions altogether.’ Whereupon Abū Ḥanīfa exclaimed, ‘But that was only the considered opinion I held at that time; and now I believe otherwise, so I revoked it.’ The Khurāsānī rejoined, ‘Woe to you! Perhaps if I were to depend on what you say this year, contrary to what you said last year, then you would certainly again reverse your opinion the next year!’ Abū Ḥanīfa respond- ed, ‘I do not know; perhaps I might.’ The Khurāsānī thereupon exclaimed, ‘But, I know that upon you lies the curse of God!’82 Likewise, Nuʿmān criticises Mālik. Ashhab b. ʿAbd al-ʿAzīz, the foremost of Mālik’s followers who reported that one day he was in the company of his master when he was asked about the irrevocable divorce (ṭalāq al-batta). Mālik said, ‘It is pronounced thrice [at one time and considered thrice valid.]’ Thereupon Ashhab seized his tablet to write it down on his authority. Mālik asked, ‘What are you doing?’ Ashhab replied that he was inscribing what he had just said. Mālik said, ‘How do you know that by the evening I might change my opinion and say that it is only one valid pronouncement?’83 Nuʿmān asks rhetorically, ‘How, then, can these fickle minded people be followed?’ As for Shāfiʿī, Nuʿmān states that he first followed Mālik and others from the people of Mecca and Medina and gave his legal opinions accordingly. He then went to Iraq and met with Muḥammad b. al-Ḥasan al-Shaybānī and revoked many of his previous opinions. Later on, he went to Egypt and settled there whereupon he reversed many of his earlier opinions that he had given while he was in the Ḥijāz 81 The Arabic reads: .K2: (2ecz! K9> K9%F (23<6 K2: -—9|W (A(ZM L–4œ> U.(2aM6 (: LJvM ;"! U*M6 $#" (24eD :B[92v ;WM O(z This saying of Abū Ḥanīfa is reported on the authority of his student al-Ḥasan b. Ziyād al- Luʾluʾī (d. /–). Abū Ḥanīfa himself did not write any book, but his juridical opinions were recorded by his disciples. See also Joseph Schacht, ‘Abū Ḥanīfa’, EI, vol. , pp. –; Nuʿmān, The Pillars of Islam, vol. , p. . 82 This story is also reported by Nuʿmān in The Pillars of Islam, vol. , p. . 83 Nuʿmān reports the same story in The Pillars of Islam, vol. , p. . The Evolution of al-Qāḍī al-Nuʿmān’s Theory  and Iraq.84 Nuʿmān notes that Shāfiʿī strictly forbade his followers from the un- equivocal adoption (taqlīd) of either his opinion or his fellow jurisconsults. He rebuked the jurists who adopted the opinions of their predecessors (aṣḥāb al-taqlīd) without inquiring into the reasons behind their decisions.85 Despite his warning, some of his disciples followed him and adopted his authority. Nuʿmān then adds that even Shāfiʿī used to give legal opinions by exercising his raʾy and istiḥsān.86 What should be noted is that Nuʿmān does not give any credit to these major figures for their efforts in developing certain principles for resolving new issues and only ridicules them.87 Having criticised his opponents, Nuʿmān expected that the same accusation of taqlīd could be levelled against him and the Shiʿa. Hence, he sets out to distinguish between the forms of taqlīd. He states that the followers of the various schools of Sunni jurisprudence adhered to the legal decisions of their leaders even though they were deduced through personal opinion without any textual evidence from the Qurʾan or the sunna of the Messenger of God. Some of these legal opinions concern serious matters related to religion, namely whether they are lawful or unlawful. The Qurʾan strictly forbids speculation in regards to religious matters and what is lawful and unlawful. God says: And do not say, because of what your tongues falsely describe, ‘this is lawful, and this is forbidden,’ so that you may invent falsehood against God. Those who invent falsehood against God will not prosper. A brief enjoyment – and then they will have a painful punishment (Q.:–). Nuʿmān states that issuing legal opinions based on analogy or logical deduction amounts to introduc- ing innovation (bidʿa) in religion and it contravenes what the Qurʾan has just stated in the above verse. God also says: Follow what has been sent down to you from your Lord and do not follow friends to His exclusion. Little you are reminded (Q.:). Addressing his adversaries Nuʿmān asks, ‘What will you say to God on the Day of Judgement when your own leaders will disown you for following them?’ Nuʿmān reminds them that they will face a similar scenario, referred to in the Qurʾan when the Almighty says: When those who were followed disown those who follow them, and they see the doom and their cords are severed with them, and those who followed say, ‘If only we might have another turn so that we might disown them, and they have disowned us!’ (Q.:–) Nuʿmān then asserts that the Shiʿa follow their Imams as models to be emulated and to seek their guidance with regards to matters they do not possess knowledge of. In doing so, they simply obey the commands of God when He says: Ask the 84 For the life and doctrine of Shāfiʿī, see E. Chaumont, ‘al-Shāfiʿī’, EI, vol. , pp. – . 85 Nuʿmān, Ikhtilāf, p. ; the Arabic reads: :ihà3W O(z! UKW(]dM û3W ç%+ SeD K3cZ√$! .KW O(z L: SeD =Ö-a! UKe"M `93ap! U1h2%$ C“ïM C9e/'%$ LD Sh2a 5(,! ..Ceö/A! K9> K[%(|A (AX> .C9e/'%$ LD K9hA 1> IGF K9> K%;/W O;/A! Uèƒ1ï bõ, 1> K3c'ÉA 86 It should be noted that Shāfiʿī argued against istiḥsān, see al-Risāla, pp. ,  ff.; tr. Al-Shāfiʿī’s Risāla, pp. ,  ff. 87 Nuʿmān repeated these reports in The Pillars of Islam, vol. , pp. –, wherein he states: ‘Subsequently, the question of giving formal legal opinions was restricted among the commonalty to Abū Ḥanīfa, Mālik, and Shāfiʿī.’  The Study of Shiʿi Islam people [who have] the reminder (ahl al-dhikr) if you do not know (Q.:), and Obey God and obey the Messenger and those of you who have authority (uliʾl-amr) (Q.:). The Messenger of God also said, ‘I am leaving among you two things; the Book of God and my kindred (ʿitratī), the People of my House (ahl baytī). As long as you will adhere to them, you will never be led astray, because these two shall never be separated until they return to me at the Pool.’88 Nuʿmān reiterates, ‘The Imams are the custodians of the secret knowledge of revelation. This knowledge they pass on from one generation to the next and they do not resort to raʾy, ijtihād, qiyās or istiḥsān.’ Nuʿmān further clarifies the Ismaili belief about the Imams by distancing himself from the extreme Shiʿa. He identifies a tradition from Jaʿfar al-Ṣādiq who was asked about what the Shiʿa say with regards to the Imams. The Imam asked him about it and the inquisitor said, ‘Some of them say, “The Imam receives revelation”; others say, “[Divine words] resonate in the Imam’s ear”; others say, “The Imam sees [the angels] in dreams”; and others say, “The Imam is inspired when he gives his legal decision”; yet others say, “The Imam is visited by Gabriel.” Which, therefore, of their assertions should I then take to be the truth, may I be thy ransomed?’ Jaʿfar al-Ṣādiq said, ‘Praise the Lord, the Exalted, from such statements of the liars and the ignorant! Do not take anything of what they say as the truth. Rather the things permitted by us are taken from the Book of God, and likewise are the things prohibited by us.’89 Nuʿmān reiterates that the uliʾl-amr and ahl al-dhikr are not the fuqahāʾ as they allege. Nuʿmān then calls the reader’s attention to the Sunni caliphs and remarks, ‘Look at their caliphs, how ignorant they were! Abū Bakr, the first caliph, in his first public address said, “I have been given authority over you, although I am not the best among you. If I err, then correct me.”’90 Nuʿmān asks rhetorically, ‘Is it consid- ered an admirable trait of one who assumes the leadership of the community?’ This quote infers that Nuʿmān certainly did not believe so. Nuʿmān reports that address- ing a crowd of people ʿUmar b. al-Khaṭṭāb, the second caliph, once said from the pulpit, ‘O people, do not overdo what is given to your wives as dowries, for if this were something to be desired in society or a pious act in the eyes of God, the Messenger of God would have been the first to act in this way. But he never gave a dowry in excess of  dirhams.’ Thereupon a woman standing among the last rows of the assembly rose and said, ‘O Commander of the Believers, why do you deny the rights God granted us? He says: And [if] you have given one of them [your wives] a large sum, take nothing from it.’ (Q.:) Whereupon ʿUmar lapsed into silence and could not reply. Then he turned to those present and said, ‘You heard me making an error and you did not contest it, while a woman has refuted me.’91 Nuʿmān states that he does not want to elaborate further on ʿUmar’s ignorance about the Qurʾan and its injunctions. He simply refers to the quote that he himself acknowledged and 88 See n.  above. 89 See also The Pillars of Islam, vol. , pp. –; the inquisitor is identified as Sadīr al- Ṣayrafī. 90 Ibid., vol. , p. ; older sources are indicated there. 91 Ibid., vol. , pp. –. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  said, ‘But for ʿAlī, ʿUmar would surely have perished.’92 This demonstrates the situation with their caliphs. Nuʿmān then cites numerous verses of the Qurʾan that are generally interpreted by the Shiʿa as referring to the Imams. Let me present some examples. In sūrat al- nisāʾ He says: Or do they envy the people for what God has given them of His bounty? (Q.:). Nuʿmān states that ‘the people envied’ are the Imams because God has bestowed the imamate on them.93 In the same sūra He says: God commands you to pay back to their owners things entrusted to you and to judge fairly if you judge between the people (Q.:).94 The fragment ‘to pay back the things entrusted,’ is in reference to the Imams who return the knowledge, the books and the weapons entrusted to them and their successors.95 Again in the same sūra He says: O you who believe, obey God and obey the Messenger and those of you who have authority (Q.:). The phrase, ‘those of you in authority’ refers to the Imams.96 In sūrat al- māʾida He says: Your protector is God and His Messenger, and those who believe: those who perform prayer and pay the zakāt and bow down (Q.:). This verse was revealed with regard to ʿAlī who was the foremost among the Imams.97 In sūrat al- ʿankabūt the Almighty says: No. It is clear signs in the breasts of those who have been given knowledge (Q.:). The phrase, ‘those who have been given knowledge’ is also in reference to the Imams.98 In sūrat al-raʿd God says: You are simply a warner; and for every people there is a guide (Q.:). The phrase, ‘You are simply a warner’ refers to the Messenger of God; and in every age there is an Imam from the progeny of the Prophet to guide the community towards the message brought by him.99 In sūrat āl ʿImrān He says: Only God knows its interpretation and those who are well grounded in knowledge (Q.:). Once again, ‘those who are well grounded in knowledge’ is in reference to the Imams.100 In sūrat al-naḥl He says: Ask the people [who have] the reminder (Q.:). The expression, ‘the people of the reminder’ is in reference to the Imams.101 Nuʿmān concludes this chapter and reiterates that what he has illustrated above is a clear distinction between taqlīd and taṣdīq. The former consists of blindly following their ‘leaders’ and ‘jurists’ who were not supposed to [mis]lead them, while the latter consists of giving credence to what is stated in the Qurʾan and submitting to the appropriate designated authorities for guidance. At this juncture, I would like add a few comments. The word taqlīd generally carries the negative connotation of blind following. It plays an important role in the religious sciences of Islam during the classical period and is a part of any debate 92 Ibid., vol. , p. . 93 Ibid., vol. , p. . Additional sources are indicated there. 94 Nuʿmān clarifies this further in The Pillars of Islam, vol. , p. . He states that the verse refers to the imamate/caliphate; hence it means when the Imams gain political power, they should rule the domain equitably. 95 For details, see ibid. 96 Ibid., p. . 97 Ibid. 98 Ibid, p. . Older sources are indicated there. 99 Ibid. 100 Ibid., p. . 101 Ibid., pp. , , .  The Study of Shiʿi Islam concerning authority and epistemology from the earliest of times to modern Islamic discourse.102 As noted above by Nuʿmān, al-Muzanī (d. /, Shāfiʿī’s chief disciple and an outstanding jurist and dialectician) confirms that his master had prohibited taqlīd of either himself or other jurisconsults (muftīs).103 This statement of Shāfiʿī implies that a learned faqīh should not simply follow his opinions but should understand his arguments and the basis for expressing such a view. However, Nuʿmān glosses over the implications of Shāfiʿī’s statement and for the sake of his argument only presents it as a warning against taqlīd. It should be noted that Shāfiʿī’s distrust of taqlīd in juristic matters is reflected in the works of the Ẓāhirī school’s jurist, Ibn Ḥazm. In al-Iḥkām, Ibn Ḥazm states that one should return to the evident meaning of the tradition and should not follow the traditional authori- ties, which he refers to as taqlīd.104 Ibn Qutayba, a staunch traditionist, is very cautious in his selection of words when he compares and contrasts the views of the aṣḥāb al-kalām wa-aṣḥāb al-raʾy (i.e., the rationalists, the Muʿtazila) and the aṣḥāb al-ḥadīth (traditionists). In describing how the latter group achieved consensus on the basic principles of faith through revelation and submission to the acknowledged authorities of the ʿulamāʾ and the fuqahāʾ, Ibn Qutayba avoids use of the word taqlīd. On the other hand, he accuses the Muʿtazila of labelling others as the followers of traditional authorities (yattahimūna ghayrahum fiʾl-naql), since it was against their rational principle of ʿaql.105 Also one should differentiate between taqlīd in juristic matters and taqlīd in credal matters, but this matter is beyond the scope of this chapter. An Account of Aṣḥāb al-ijmāʿ and their Refutation106 The Sunni schools of jurisprudence maintain that the doctrine of ijmāʿ is one of the fundamental principles of Islamic law and therefore must be followed and obeyed. 102 N. Calder, EI, ‘Taḳlīd’, vol. , pp. –. 103 Ibid; see also Hallaq, ‘Was al-Shāfiʿī the Master Architect of Islamic Jurisprudence?’ pp. –, , ; Hallaq, History, p. . 104 Ibn Ḥazm, al-Iḥkām fī uṣūl al-aḥkām, vol. , al-Bāb al-sādis waʾl-thalālūn fī ibṭāl al- taqlīd. In this long chapter entitled ‘On invalidating blind imitation’ (p. ), Ibn Ḥazm states: KeD(> 5\M 5!-c|: UK2: 5;3A(: UK2D 5;"(A UC9e/'e% 5;eÑc: $!Ceöz La#%$ è(h/[%$ L: (A-,+ (: bõ, 5\M $#" L: 1[&a! ..-98 C9e/Z! .C9e/Z LD Å(2%$ ShA KAYM 13>(q%$ LD 1An(4%$ LD 10(/%$ iekM LD 1<(c%$ LD w(4v (2tC\v Cz! .b•(W SeD b"M L: l;9c%(W ieDM B2aC4%$ b"M C3W CvM ”9% :ik(/%$ LW$ K% O(z! (ñ&%(: ^ _ 34k :O(z … B4ek LW L4v-%$ CcD (2tC\v! O(z »i" (hA;4e3a {9&> U(AM (h4eDM (: :ç%(: O(z .Keg%$ CcD (WM (a Uç2: :O(z »ç%+ $;4eD LaM L: :ç%(: K% O(z .-P: @D Keg%$ O;z ç%+ L4> »C9e/'%$ O(ÑWF L: KW(', 1> ~ ‘ A (4W ç%+ 1> ih%;z LD S%(3Z Keg%$ (A(28M Cz! U{9, :C4]: ;WM E6;k] Ùf Î ;c¥&Í2Û3œ%È◊ ^ _ 9Ìc‰%Ú f Î ;9¥c¥%$ Lœ"Ò!‚M· 5“F!Ô ('Ó9ÌWù fÄ #Ï| € Z⁄◊ fÎ ;c¥&Í23œ%È◊ bËT÷4œ,Á èÊ(Â9‰%„!‚M· KŸe‡%◊ 5fl!=fi L:Ÿ $›!#‹| € Z⁄◊ Lœa#Ÿ%ÿ◊ bÇT÷:ù’ :bõ<! E6;k] Ù5' ;4…eÕî˝3œ%È◊ IG& F (% îhÔe$ /Õ3–aù (:ù!Ô #Å(2" e%„ (hÔWp-! à ˇ A˛ bÇî˝T÷:¸u˚G˙◊ ç ˘ e›Z„!Ô’ :Ba≤G$ .#" -tM SeD S%(3Z Keg%$ O(z it .[ıˆ:˜¯ f;c&23%$ .[ı(:˜¯ f;c&23%$ 105 Ibn Qutayba, Taʾwīl mukhtalaf al-ḥadīth (Beirut, ), pp. –. 106 For the concept of ijmāʿ see M. Bernard, ‘Idjmāʿ’, EI, vol. , pp. –; Hallaq, History, passim; Hallaq, Origins, passim. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  They consider it unlawful to oppose ijmāʿ. Thus, some jurists who assert this position, Nuʿmān states, consider those who dissent from their view as infidels. Their argument for the justification of the doctrine of ijmāʿ is chiefly based on their interpretation of the term umma, which occurs in the Qurʾan on several occasions. The verses generally cited to legitimise ijmāʿ are as follows. God says: Thus We have made you a moderate community (ummatan wasaṭan) for you to be witnesses (shuhadāʾ) to the people and for the Messenger to be a witness to you (Q.:). In another passage He says: He has chosen you and has not laid upon you any difficulty in your religion, the faith of your forefather Abraham. He has named you ‘those who surrender’ (al-muslimīn) both previously and in this [Recitation], that the Messenger may be a witness (shahīdan) against you and that you may be witnesses (shuhadāʾ) against the rest of mankind (Q.:).107 He also states: Those who believe in God and His messengers – they are the loyal ones (ṣiddīqūn) and the witnesses (shuhadāʾ) with their Lord (Q.:). He further says: You are the best community (khayra ummatin) brought forth for the people. You enjoin what is reputable and you forbid what is disreputable and you believe in God (Q.:). Consequently, the Sunnis allege that the word umma, mentioned by God in His Book refers to the community of Muḥammad and made to bear witness (shuhadāʾ) to the entire Muslim community. They further allege that the word muʾminīn (i.e., the active participle of those who believe in God and His messengers), mentioned in the above verse and further characterised by two additional traits of being ṣiddīqīn and shuhadāʾ, also applies to the entire Muslim community. Nuʿmān unequivocally disagrees with these sweeping generalisations and argues that it is ridiculous, irrational and unbelievable that the whole Muslim community can be characterised as muʾminīn, ṣiddīqīn and shuhadāʾ, for the simple reason that any community is comprised of a variety of people, good and evil, learned and ignorant, guided and misguided, gracious and barbaric, and obedient and rebellious. According to Nuʿmān, all those categories of people cannot be identified as honest and righteous, or with the traits mentioned in the Qurʾan. Nuʿmān adds that when God characterised the community of Muḥammad as ‘a moderate community,’ certainly He meant that it possesses the characteristics of justice, fairness and honesty. If that is the case, Nuʿmān asks, ‘How can certain jurists assert that all Muslims are qualified to be included in the community of Muḥammad?’ Nuʿmān continues that the aforementioned verse further characteris- es the community of Muḥammad as one, which invites people to goodness – enjoins what is approved and forbids the opposite (taʾmurūna biʾl-maʿrūf wa-tanhawna ʿan al-munkar). Thus, how can one who is deficient in those characteristics be counted as representing the community, which the Almighty has described, when in fact he represents quite the contrary of what God has stipulated for that community? Nuʿmān states that if the jurists believe that the above verse pertained to all the Muslims then it carries serious implications for God’s justice. For example, when the 107 I have preferred George Sale’s translation, The Koran: Translated into English from the Original Arabic, with an introduction by Sir Edward Denison Ross (London, n.d.), p. . Alan Jones translation of this verse is incorrect. Richard Bell, Yusuf Ali and A. J. Arberry have also rendered it correctly.  The Study of Shiʿi Islam testimony of some Muslims is unacceptable even in the matter of a small measure of dates, how could they act as a witness for mankind on the Day of Judgement? Nuʿmān asserts that it will be a mockery of God’s justice and certainly it cannot happen. Elsewhere in the Qurʾan concerning the issue of the community, there is the verse about which Abraham had prayed, God says: You are the best community (khayra ummatin) brought forth for the people (Q.:). If God had meant by this verse that all Muslims were ‘the best community’, then it would not have been clear about which people the Muslims had been brought forth. God never intended for those who are considered to be riff-raff and rabble to be counted among the community of Muḥammad. Nuʿmān then proceeds by explaining the linguistic meaning and the Qurʾanic usage of the term umma. He argues that in addition to being a collective noun, the word umma is also applied to a single person. A good example of such a usage in the Qurʾan is when God states: Abraham was a nation obedient (ummatan qānitan) to God (Q.:).108 Nuʿmān further demonstrates from its Qurʾanic usage that the word umma has multiple nuances and is used with different meanings and in different contexts. In addition to denoting a community of humans, it also repre- sents a community of beasts and birds. For example God states: There is no beast in the earth nor bird that flies with its wings but they are communities (umam) like you (Q.:). In another sūra He says: The people were one community (ummatan wāḥidatan) (Q.:). In the chapter on Joseph, it is used to indicate a period of unspecified time. God states: The one of the two who had been saved [now] remem- bered after a time (baʿda ummatin) (Q.:). Nuʿmān also points out that some people without naming them, on the other hand, argue that the word umma means a group of the ʿulamāʾ and not the whole community. To support their contention, they cite the Qurʾanic verse, which states: Let there be a community from you, summoning [people] to good (waʾl-takun minkum ummatun yadʿūna ilaʾl-khayr) (Q.:). Marshalling his evidence from the Qurʾan, Nuʿmān argues further that the above positive description of the umma cannot be extended to include a great majority of the Muslim community. The plurality of the people is generally negatively charac- terised in the Qurʾan. For example, God says: Except those who believe [in God] and do good works, and they are few (qalīlun mā hum) (Q.:); But most of them are ignorant (aktharahum yajhalūn) (Q.:); and But most of them do not know (aktharahum lā yaʿlamūn) (Q.:, :, :, :, :, :, :, :); and Most of them do not understand (aktharahum lā yaʿqilūn) (Q.:, :); and But they are not aware (wa-mā yashʿurūn) (Q.:, :, :, ); and But most of the people are not believers (wa-mā akthar al-nās bi-muʾminīn), even if you are eager for that (Q.:); and And most of them do not believe in God (aktharuhum mushrikūn) unless they associate others with Him (Q.:). 108 I have preferred Marmaduke Pickthall’s translation in The Meaning of The Glorious Koran: An Explanatory Translation (London, ) to retain the word umma. Jones has translated the umma as ‘an example’. See also Nuʿmān, The Pillars of Islam, vol. . pp.  ff. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  Finally, Nuʿmān argues that the word umma, used to indicate the community of Muḥammad in the above verses with positive traits, is the community that solely constitutes the members of the Prophet’s family and the Imams from their progeny. Nuʿmān adds that the word of God is the most veracious of those that speak in this matter. He then connects the emergence of the Muslim community (that is, submis- sive to God’s commands), in its strict and narrow sense, to the prayer of Abraham and Ishmael. Nuʿmān knows very well how Abraham is portrayed in the Qurʾan. It says: Abraham was neither a Jew nor a Christian. He was a man of pure faith, one who surrendered. He was not one of those who associate others with God (Q.:). Nuʿmān thereafter elaborates on the prayers of Abraham and God’s response in the following verses when God says: When Abraham was tested by his Lord with certain words, and he fulfilled them. God said, ‘I am making you a leader for the people.’ Abraham said, ‘And of my seed?’ God replied, ‘My covenant does not extend to those who do wrong’ … And when Abraham and Ishmael were raising the foundations of the house, [Abraham said], ‘Our Lord, accept [this] from us … and make from our seed a community that will surrender to You’ (Q.:–). Nuʿmān adds that God responded to the supplication of Abraham and Ishmael by establishing from their seed a community submissive to God, and to send them a messenger from among them, that is, from that submissive community, a messenger who would recite His signs to them, and purify them and instruct them in the Book and wisdom.109 This, according to Nuʿmān, constitutes irrefutable evidence, which demonstrates that the Imams and the Muslim community to which Muḥammad was sent can only be from the progeny of Abraham and Ishmael. To further support his contention, Nuʿmān cites additional verses from sūrat al-Baqara to demonstrate that the Ahl al-bayt are the intended people of the joint prayer of Abraham and Ishmael (Q.:–), because in addition to the Messenger of God, his Ahl al- bayt, that is ʿAlī, Fāṭima, Ḥasan and Ḥusayn, did not serve idols. Nuʿmān concludes this chapter by drawing the reader’s attention to another dimension of the Qurʾanic studies, namely that certain words such as umma, are often used in a ‘general sense’ (maʿnā ʿāmma), but a ‘specific meaning’ (maʿnā khāṣṣa) is sometimes intended.110 Space and time do not permit me to go into more of the details elaborated by Nuʿmān in the two additional chapters on ijmāʿ. Briefly, 109 See also Nuʿmān, The Pillars of Islam, vol. , pp.  ff. 110 Nuʿmān, Ikhtilāf, p. ; he states: L: ç%+ -98 1> Å(2%$! L92:£4%$! B:VuG$ 1> ç%+ (29åW (4, ihà3W SeD o/a! Uiheö, ih9eD o/a BD(4ó%$ ik$ 5(, $+F .¨ ‘ (|%$ KW =$-a *#%$ w(3%$ According to Shāfiʿī it is: the explicit general declaration of the Book intended to be all particular. .)¨(|%$ KŸeö, KW =$-ap !-"(ú%$ w(D )('&%$ L: O@A (: 5(9W See Shāfiʿī, al-Risāla, pp. –; tr. Al-Shāfiʿī’s Risāla, pp. –. See also al-Suyūṭī, al-Itqān fī ʿulūm al-Qurʾān, ed. Muḥammad Abuʾl-Faḍl (Beirut, ), vol. , pp. –; he states: Bh< L: IG! U*[e%$ O!(2Z Bh< L: IG U=$->uG$ o94ó% K%;4ï =-a i% UK:;4D SeD 1z(c%$ :O!uG$ :w(JzM BtRQt SeD w(3%$ L: =$->uG$ o94ó% K%;4ï! K:;4D Ca6M+ U¨;P|%$ KW =$-4%$ w(3%$ :1A(T%$! .(h2: =-> 1> b43'k$ =$->M !+ ;" bW Ui&]%$ .¨;P|4%$ w(3%$ :Ω%(T%$! .i&]%$ Bh< L: IG U(h% *[e%$ O!(2Z Bh<  The Study of Shiʿi Islam a wide variety of opinions regarding the modes of its justification (ḥujjiyya) which existed at that time are enumerated and refuted by Nuʿmān. Unfortunately, most of the early sources on this subject did not survive. Between Shāfiʿī’s Risāla and Nuʿmān’s work there is a gap of more than a century. In the opinion of this writer, the importance of Nuʿmān’s work, therefore, lies in the fact that it fills a major lacuna in our knowledge about that period. The Ikhtilāf presents a variegated picture that had not yet clearly emerged. Therefore it is worthwhile to give a summary of what the Ikhtilāf depicts in those two chapters. Let me first state that the overwhelming view one gets from reading the Ikhtilāf is that the facts on the ground were quite different from what one is made to believe by the later sources. In several ways the situation was fluid and a wide variety of opinions circulated as depicted by Hallaq first in his History and later in his Origins. The importance traditionally given to Shāfiʿī’s Risāla in the development of the science of uṣūl al-fiqh seems to be overstated. The Risāla, in the words of Chaumont, remained a dead letter for more than a century.111 There was a lot of discord among the jurists concerning the evidence, generally known in Arabic sources as the ḥujjiyya, on which the ijmāʿ should be established. Some jurists asserted that it should only be predicated on the textual evidence of the Qurʾan and the sunna, while others maintained that it should be based on the ijmāʿ of the Companions only because of their precedence in accepting Islam and their pre-eminence over the later generations of Muslims. Jurists further argued that it was this group that the Qurʾanic references with the traits of al-shuhadāʾ, al-ṣiddīqīn and ummatan wasaṭan refer to. Other jurists debated the definition of ijmāʿ – should it be defined as a consensus of all the Muslims, or only of one group rather than another? Yet others argued that it should be restricted to the agreement/consensus of a few, rather than extending it to include the majority, because the majority of the people are ignorant. Those who argued that ijmāʿ was inclusive cited a tradition of the Prophet that states, ‘God’s hand is with the majority.’112 They also report another tradition which states, ‘Indeed, Satan is in the [company of] one [person], but he is far removed from [the company of] two or more people.’113 Nuʿmān adds that this is precisely the belief of 111 Chaumont, ‘al-Shāfiʿī;’ Hallaq, ‘Was al-Shāfiʿī the Master Architect?’ 112 BD(4ó%$ SeD Keg%$ Ca. It is transmitted by Tirmidhī and Nasāʾī. Wensinck, Concordance, s.v. j-m-ʿ. Ibn Qutayba, Taʾwīl mukhtalaf al-ḥadīth, p. . 113 Nuʿmān, Ikhtilāf, p. ; he states: .C3WM L92tIG$ L: ;"! UCv$;%$ o: 5(Ñ9q%$ 5X> BD(4ó%(W i&9eD! In the aḥādīth sources it reads: .Cv$;%$ o: 5(Ñ9q%$ 5F !M UBD(4ó%$ æ6(> L: o: 5(Ñ9q%$ This tradition is transmitted by Ibn Ḥanbal, Tirmidhī and Nasāʾī. Wensinck, Concordance, s.v. j-m-ʿ; sh-ṭ-n. See also Shāfiʿī, al-Risāla, p. ; tr. al-Shāfiʿī’s Risāla, p. ; Shāfiʿī, Kitāb al- umm (Beirut, ), vol. , p. ; he states: .C3WM L92tIG$ L: ;"! U,#[%$ o: 5(Ñ9q%$ 5X> UBD(4ó%$ w@e9e> … The Evolution of al-Qāḍī al-Nuʿmān’s Theory  the Ḥashwiyya114 and the Nawāṣib.115 Then, Nuʿmān indicates that there are those who limit the application of the term umma to a smaller group within the commu- nity. To vindicate their contention they cite verses from the Qurʾan that equate the majority of the people with negative attributes. Without giving specific names, Nuʿmān states that some people from Baghdad argue that ijmāʿ should be established by naql, that is, based on sound reports transmitted by uninterrupted authorities dating back to the Prophet. This group asserts that ijmāʿ cannot be based on raʾy, ijtihād or qiyās. Yet, others from Baghdad assert that ijmāʿ can be established only when all the Muslims (ahl al-qibla) agree on a particular matter/issue. If just one person dissents from their view, that ijmāʿ is nullified. Some others argue against such a rigid position and maintained that a consensus arrived at by a majority is valid despite disagreement from one person or a small group of people. Another disagreement among Muslims that Nuʿmān identifies concerned the time when ijmāʿ had been achieved. Was it at the end of each century, or by each generation? Does a living jurist’s agreement or disagreement count, or does the jurist’s opinion only count after his death? The rationale behind such reasoning, Nuʿmān adds, is the probability that a living jurist might change his mind and revoke his agreement at any time as we have previously noted in the cases of both Abū Ḥanīfa and Shāfiʿī. Others claimed that ijmāʿ was successfully achieved by every generation or during each era even if it diverged from that of the previous generation or era. Another disagreement ensued concerning ijmāʿ and its relation to a location or region. Mālik b. Anas and his followers alleged that the Muslims should follow the people of Medina because it was the Messenger of God’s abode (dār al-hijra) following his emigration to Medina. Consequently, the people of Medina were more knowledgeable than any other group about the sunna of the Messenger of God.116 Nuʿmān flatly rejects this justification and cites several Qurʾanic verses to illustrate that Medina was inhabited and surrounded by all sorts of people (i.e., Bedouins, hypocrites and the Jews). It is reported that Mālik once visited Iraq, and in some of his remarks he belittled the inhabitants of Iraq for their lack of religious knowledge (ʿilm, i.e., knowledge of the textual sources of Islam). Some of those who heard Mālik’s criticism retorted by saying that a number of the Companions, such as ʿAlī 114 Ḥashwiyya is a contemptuous term with the meaning of ‘scholars’ of little worth, particularly ultra-traditionists (aṣḥāb al-ḥadīth/ahl al-ḥadīth) who interpret the Qurʾan and ḥadīth literally in anthropomorphic language. Editor/s, ‘Ḥashwiyya’, EI, vol. , p. ; A. S. Halkin, ‘The Ḥashwiyya’, JAOS,  (), pp. –. 115 In his Kitāb al-zīna (MS collection of Asghar Ali Engineer’s father, Bombay, fols. – ), Abū Ḥātim al-Rāzī states that the Prophet appointed (naṣaba) ʿAlī as his successor at Ghadīr al-Khumm, but the Muslims displayed enmity towards him (nāṣaba) after the death of the Prophet and appointed someone other than ʿAlī to succeed the Prophet. The term is therefore applied to those who bear hatred towards the family of the Prophet. However, according to Sunni sources the above appellation applies to the Khawārij who made it a matter of religious obligation to bear hatred towards ʿAlī. See also Nuʿmān, Daʿāʾim, The Pillars of Islam, vol. , pp. –. 116 See Shāfiʿī, Kitāb al-umm, chapter on ikhtilāf Mālik waʾl-Shāfiʿī, vol. , pp.  ff.  The Study of Shiʿi Islam b. Abī Ṭālib, ʿAbd Allāh b. ʿAbbās117 and ʿAbd Allāh b. Masʿūd118 lived among them. So they did not lack the knowledge (ʿilm) that Mālik claimed. In his rejoinder Mālik reported a concocted tradition which states: ‘Indeed, Medina exiles/ejects her wicked people as a blacksmith’s bellows blow away the impurities of iron ore.’119 Nuʿmān adds that Mālik not only lied but also fabricated the above tradition and ascribed it to the Messenger of God. Similarly, others made the same claims asserting that their definition of ijmāʿ was the only valid one. Such was the case with the people of the Ḥijāz that comprised the inhabitants of the two ḥarams, Mecca and Medina. The people of Iraq, namely the people of Kūfa and Baṣra, made similar claims. All those people based their claims on the fact that many of the Companions lived in those cities. Some people, on the other hand, maintained that the valid ijmāʿ is the one that was agreed upon by Mālik, Abū Ḥanīfa, Shāfiʿī, Awzāʿī120 and their followers. Nuʿmān concludes his discussion concerning ijmāʿ with a popular tradition of the Messenger of God, which is cited by almost all the heresiographers.121 It states: ‘The Israelites were divided into  sects and my community will be divided into  sects, only one group will be redeemed while the rest will perish.’ People asked the Prophet, ‘Which is the group that will be saved?’ And he replied, ‘Ahl al-sunna waʾl- jamāʿa.’ Thereupon people further asked him, ‘What is the sunna and what is the jamāʿa?’ He responded, ‘That is what I myself and my Companions follow and practise today.’122 Nuʿmān asserts that not a single Companion exercised either raʾy, qiyās, naẓar, istiḥsān, ijtihād or istidlāl with respect to dīn Allāh, that is, Islam, as long as the Messenger of God was alive. Nuʿmān further affirms that he and his group, namely, the Shiʿa-Ismailis, are the true representatives of Ahl al-sunna waʾl- jamāʿa because they have adhered both to the sunna of the Messenger of God and his jamāʿa, that is, the Ahl al-bayt and the rightful Imams.123 117 He is considered one of the greatest scholars of the first generation of Muslims. L. Veccia Vaglieri, ‘ʿAbd Allāh b. al-ʿAbbās’, EI, vol. , pp. –. 118 He was a Companion of the Prophet and reader of the Qurʾan. J. Vadet, ‘Ibn Masʿūd’, EI, vol. , pp. –. 119 Nuʿmān, Ikhtilāf, pp. –; it states: .CaC]%$ -Ωc‰?€ -¥9&%$ 1[2Z (4, (hTc? 1[2Z B2aC4%$ 5F :O(z K%ê SeD! K9eD Keg%$ Sed Keg%$ O;k6 5F Uç%(: O(/> It is transmitted by Bukhārī, Abū Dāwūd, Nasāʾī, Ibn Māja, Mālik and Ibn Ḥanbal, see Wensinck, Concordance, s.v. kh-b-th. It states: .CaC]%$ Ω - c? -¥9&%$ 1[2a (4, Å . (2%$ 1[2Z B2aC4%$ 120 He was the main representative of the ancient Syrian school of Islamic law. Joseph Schacht, ‘Awzāʿī’, EI, vol. , p. –; Hallaq, Origins, pp. , , , , . 121 See, for example, ʿAbd al-Qāhir al-Baghdādī, al-Farq bayn al-firaq, ed. Muḥammad Muḥy al-Dīn (Cairo, n.d.), pp. –; Muḥammad ʿAbd al-Karīm al-Shahrastānī, Kitāb al-milal waʾl-niḥal, ed. ʿAbd al-ʿAzīz Muḥammad al-Wakīl (Cairo, ), p. . 122 This tradition is transmitted with a slight variation of words by Abū Dāwūd, Tirmidhī, Ibn Māja, Ibn Ḥanbal, Wensinck, Concordance, s.v. j-m-ʿ; f-r-q. 123 In his Kitāb al-zīna (see ʿAbd Allāh al-Sāmarrāʾī, al-Ghuluww waʾl-firaq al-ghāliya fiʾl- ḥaḍāra al-Islāmiyya, Baghdad, , pp. –), Abū Ḥātim al-Rāzī also makes the claim that he and his group belong to the ahl al-sunna waʾl-jamāʿa. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  Let me add a few comments on the concept of ijmāʿ, ranked as the third principle, but in practice is the most important underpinning in Islamic law according to the classical theory of uṣūl al-fiqh. In fact the two scriptural sources – the text of Qurʾan and sunna – in the final analysis were authenticated through ijmāʿ.124 Thus, ijmāʿ takes precedence over both the Qurʾan and the sunna. In theory ijmāʿ is defined as the unanimous agreement/consensus of the Muslim community on a particular ḥukm (legal ruling) imposed by God. Technically, however, it is the consensus of the recognised jurists at a given time in history. Historically, the concept of ijmāʿ as a source of law and a tool validating a ḥukm in light of the truth given by the Qurʾan and the sunna of the Prophet arose out of the growing need of the community, especially after the conquests and the increasing pressures brought on the community by the sectarian dissensions within Islam. The need for such a principle was necessary following the Prophet’s death because the point of reference in legislative matters, that is, the Messenger of God, the source of revelation, was no longer alive for the community to resort to for a resolution of their problems. The idea was most probably given its theoretical formulations during the nd/th century. The definition of ijmāʿ as a source of law, therefore, raised the question of the probative validity (ḥujjiyya) of its very existence. In his Kitāb uṣūl al-dīn, ʿAbd al-Qāhir al-Baghdādī acknowledges that ijmāʿ for the purposes of al-ḥukm al-sharʿī (a legal ruling based on the sharīʿa) is limited to the ijmāʿ of the community during a specified period of time. The basis of it, he adds is the tradition of the Prophet that states, ‘My community will never agree on error.’125 Al-Baghdādī further states that the Khawārij and the Muʿtazilī theologian al-Naẓẓām rejected the very concept of ijmāʿ.126 Credit for the development of the concept of ijmāʿ is generally attributed to Shāfiʿī when he questioned the idea of the Medinan consensus by indicating the imprecise nature of their concept of ‘the usage of Medina’. Thenceforth, Shāfiʿī replaced the Mālikī ijmāʿ, which was merely an affirmation of an existing practice and reality that prevailed in Medina, with his assertion of a basic truth of the infallibility of the unanimous pronouncements of the Muslim community.127 124 Fazlur Rahman, Islam (London, ), p. ; Hallaq, Origins, pp.  ff.; Hallaq, History, pp.  ff. 125 ʿAbd al-Qāhir al-Baghdādī, Kitāb uṣūl al-dīn (Istanbul, ), p. ; he states: (hAX> U1D-ï i&v SeD B:VuG$ .#" 6(PDM L: -—PD b"M l(4<F SeD 6/ ;P/4> 1D-q%$ i&]%$ 1> -c'34%$ l(4<áG$ (:VM! .Bƒ%RQ0 SeD o4'óZ IG The tradition transmitted by Ibn Māja (Wensinck, Concordance, s.v. j-m-ʿ) states: .Bƒ%RQ0 SeD o4'óZ IG 1':VM 5\F 126 Al-Baghdādī, Kitāb uṣūl al-dīn, p. . According to Abuʾl-Ḥusayn ʿAlī al-Ashʿarī, Maqālāt al-Islāmiyyīn, ed. H. Ritter (nd ed., Wiesbaden, ), p. , the majority of people agreed that ijmāʿ is possible while ʿAbbād (b. Sulaymān) maintained that the commu- nity can never come to terms on a matter over which they disagreed. W. Montgomery Watt, ‘ʿAbbād b. Sulaymān’, EI, vol. , pp. –; Josef van Ess, ‘al-Naẓẓām’, EI, vol. , pp. – . 127 Shāfiʿī, Kitāb al-umm, vol. , pp.  ff.; the chapter is entitled Kitāb ikhtilāf Mālik waʾl-Shāfiʿī.  The Study of Shiʿi Islam Unfortunately, we do not have the sources at our disposal to trace the history of the development of ijmāʿ as a juridical source and other technical issues related to it, such as the ḥujjiyya and the method by which an agreement is reached, especially during the intervening period of roughly a century and a half after the death of Shāfiʿī and al-Qāḍī al-Nuʿmān’s Ikhtilāf uṣūl al-madhāhib, composed around the middle of the th/th century. Another issue of debate was related to the question, ‘Can an agreement be reached by word, or deed, or can it be explicitly stated, or simply indicated by one’s silence.’ Herein lies the importance of Nuʿmān’s work, which provides us with a vivid picture of the prevailing currents and counter currents at the time of its composition in the Islamic world. For the Muʿtazila, who uphold the primacy of reason and with their predisposi- tion towards ethics rather than logic, the principle of ijmāʿ was no more than an ethical theory left to the individual believer and his personal convictions. In his al- Mughnī fī abwāb al-tawḥīd, al-Qāḍī ʿAbd al-Jabbār takes over the objection raised by al-Naẓẓām, without mentioning his name, and states: As for the demonstration of the legal validity of ijmāʿ by reason, it is impossible. Because no evidence can demonstrate that a certain group of people is immune to error in their words or deeds, just as nothing can prove it for each matter of religious obligation. Moreover, there is a distinction between the person who imposes the validity of ijmāʿ by means of reason and the person who decides the probative value of disagreement, or ascribes the probative value to the statement of each individual. And this [validity of ijmāʿ] is greater in corruption [of public and private life] than the unquestioning acceptance of a doctrine whose validity we have demonstrated before.128 For Ibn Ḥazm, a representative of the Ẓāhirī school, ijmāʿ was only limited to the Companions.129 His system of jurisprudence rejects the use of qiyās and insists on proof texts, that is, the Qurʾan and the sunna. He, therefore, can permit ijmāʿ that is derived either from a revealed text or the sunna of the Prophet. One can state that the technical issues do not carry much weight in his system because ijmāʿ is more or less reabsorbed by the Qurʾan and the sunna. The expression uluʾl-amr that is often used by Ibn Ḥazm, indicates that the commanders and scholars, at any given time, ought to guide the community by imposing those things which God and His Messenger have commanded. Therefore the problem of the successive generations is 128 Al-Qāḍī ʿAbd al-Jabbār, al-Mughnī fī abwāb al-tawḥīd: al-sharʿiyyāt, vol.  (being a pirated ed., the name of the editor, publisher and year of publication are unavailable), p. . The Arabic reads as follows: IG ihAM SeD Bd;P|: BD(4< 1> OÖCa b9%= IG KAuG UCÃ93c> Ub/3%$ Bh< L: l(4<áG$ B] ´ d SeD OIGC'kIG$ (:Vs> 5;, `<!M L: L9W æ-> RQ> .L9[eö&4%$ L: Cv$! bõ, 1> ç%+ SeD OÖCa b9%= IG (4, U5;%;/a! 5;e43a (49> 5;§Ñ|a C9e/'%$ L: $y=(J> iúDM $#"! .Bó ´ v {eö&: bõ, O;z b3< !M UBó ´ v rRQ|%$ 5;, `<!M L: L9W! RíQ/D Bó ´ v l(4<áG$ .KARQÑW SeD bcz L: (2e%= *#%$ 129 Ibn Ḥazm, al-Iḥkām fī uṣūl al-aḥkām, vol. , pp.  ff. It is the nd chapter with over  pages and is entitled: l(4<áG$ b/2a {9,! Ul(4<áG$ 5;&a è1ï * j M LD! Ul(4<áG$ 1> The Evolution of al-Qāḍī al-Nuʿmān’s Theory  resolved and the need to verify the opinions of the whole community in every generation also does not arise with the approach of Ibn Ḥazm. The Ḥanafīs denounced the Ẓāhirī position. Both Bazdawī130 and al-Sarakhsī131 criticise the weakness of the arguments presented by the Ẓāhirīs. Al-Bazdawī, clarifying the import of umma, states that the umma is understood as only those who have not adopted ahwāʾ (pernicious doctrines) and bidaʿ (innovations).132 Once the question of what constitutes ijmāʿ is resolved, the issue of the method by which it has arrived at may be tackled. There also is a difference in opinion among the jurists of this school. The differing views state that an agreement on a particular issue can be arrived at by either word (or pronouncement) or deed (or act), and it can be either explicit or indicated by simply observing silence. Since ijmāʿ is a judicial source that allows for the formulation of solutions to new problems that might arise, it is conditioned by the passing of time during which a fresh ijmāʿ is formed. This conditioning process raises another important and vexing question as to whether the formulation of a new ijmāʿ requires the disappearance of the past generation or not. Opinions of the major schools are at odds with each other on this issue. For the Mālikīs and the Ẓāhirīs it is not a problem, but the situation varies with other schools. According to Āmidī and his master Shāfiʿī, Abū Ḥanīfa, the Ashāʿira and the Muʿtazila, extinction of a generation was not a necessary condition for the formulation of a new ijmāʿ.133 But, for Ibn Ḥanbal, the formulation of a new ijmāʿ is subject to the total disappearance of the past generation.134 For al-Sarakhsī the disappearance of the generation is not critical because he states that generations overlap and it is not possible to distinguish the end of one from the beginning of the next.135 Ghazālī, on the other hand, suggests that the existence of ijmāʿ occurs when an agreement has taken place, even if only for an instant.136 In short, ijmāʿ was a powerful and useful source to introduce change into the prevailing status quo. 130 He is ʿAlī b. Muḥammad b. al-Ḥusayn al-Pazdawī. His Uṣūl is printed with ʿAlāʾ al-Dīn al-Bukhārī’s Kashf al-asrār (reprint, Beirut, /). 131 Muḥammad b. Aḥmad al-Sarakhsī was a Ḥanafī jurist of the th/th century. N. Calder, ‘al-Sarakhsī’, EI, vol. , pp. –. 132 Al-Ashʿarī, Maqālāt al-Islāmiyyīn, p. , states that people differed as to whether the discord of ahl al-ahwāʾ concerning the aḥkām counts or not. 133 Al-Āmidī (d. /), a theologian, was a Ḥanbalī and later became a Shāfiʿī. D. Sourdel, ‘al-Āmidī’, EI, vol. , p. . 134 Al-Āmidī, al-Iḥkām fī uṣūl al-aḥkām (Beirut, ), vol. , p.  ff. 135 Al-Sarakhsī, Uṣūl al-Sarakhsī, ed. Abuʾl-Wafāʾ al-Afghānī (Hyderabad, –), vol. , p. . 136 Al-Ghazālī, al-Mustaṣfā min ʿilm al-uṣūl (Beirut, ), vol. , p. .  The Study of Shiʿi Islam An Account of those who Maintain the Doctrine of Naẓar and their Refutation137 Those who maintain this doctrine state that they resort to naẓar and rational argument only for those things that have not been explicitly specified either in the Qurʾan or the sunna of the Messenger of God. On the other hand, they affirm that whatever is specified in the Book they accept it as commanded by Allāh: Whatever the Messenger gives you, take it. Whatever he forbids you to have, leave it alone (Q.:). Moreover, they state that if a particular issue could not be validated through the use of naẓar they would not accept it. Nuʿmān refutes their claim by asserting that rational arguments are not permitted in religious matters. The Qurʾan addresses all things and neglects nothing that is an essential part of religion and human life.138 The Messenger of God also said: ‘Follow [me] and do not innovate.’139 Their main argument for the justification of the use of naẓar is based on two Qurʾanic verses that state: And in yourselves, do you not see? (Q.:)140 and Reflect, those of you who have eyes (Q.:).141 Thus, they argue that God has commanded His servants to reflect and exercise their naẓar. Nuʿmān flatly rejects their argument by asserting that those verses do not imply what they allege. If they really reflect back upon themselves they will realise their shortcoming. God did not leave any imperfection in his religion, as they imply, for them to perfect it with their perceptions and rational arguments. God unequivocally states: Today I have perfected your religion for you and completed My blessing for you and have approved al-islām as a religion for you (Q.:). Messengers of God did not use their naẓar in what they preached and what they commanded and forbade. Nuʿmān affirms that the Book and the sunna of the Messenger of God categorically rebut their claim, hence he does not see any reason to present additional rational arguments to refute their contention. Since human reasoning based on one’s own naẓar or raʾy has no place in religion, Nuʿmān accuses them of going beyond the pale of Islam. Nuʿmān then cites the story of Moses and Khiḍr narrated in the sūrat al-kahf (Q.:–) to support his contention. Moses’s impatience in matters beyond his comprehension proved to be incorrect and he had to part with the company of Khiḍr. Furthermore, without going into details, Nuʿmān states that al-Walīd b. al-Mughīra and Abū 137 For the meaning of naẓar see n.  above. 138 He restates the Qurʾanic verses :, :, :, : and :. In his al-Uṣūl min al- kāfī, ed. ʿAlī Akbar al-Ghaffārī (rd ed., Tehran, /–), vol. , pp. –, –, Kulaynī maintains the same position and states: .B2k! )(', K9>! IGHF èƒ1ï L: (: !M UB2k !M )(', K9> è(< Cz! IGHF K9%F Å(2%$ ì(']a (: o94< 139 A tradition transmitted by Dārimī states: [l 1 CŸ'0 cÌZ÷ 2-z¿!] l1 C“c‰'0 Z÷ IG! o–c! Z⁄$ . Wensinck, Concor- dance, s.v. t-b-ʿ. 140 The Arabic reads: 5 ' !-¥4PcÌZm RQ÷>3 M·. 141 The Arabic reads: -! î˝P 8 W¸u˚˙G◊ S%„!‚s7 î˝aù $›!-¥c! '0 D6 5>3 . This verse is considered to have the greatest bearing upon the authoritativeness of qiyās; see Hallaq, History, pp. , . He states that qiyās was considered as nothing more than the various forms of arbitrary reasoning charac- terised as raʾy or naẓar. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  Ṭālib, who were known for their prudence during the pre-Islamic days, failed to comprehend the Qurʾanic message at the beginning of the Prophet’s mission.142 If debate was allowed in religious matters, Nuʿmān argues, people would have declared themselves what is ḥalāl (lawful) and what is ḥarām (unlawful). But God rejected such a position and states: And do not say, because of what your tongues falsely describe, ‘This is lawful, and this is forbidden’, so that you may invent falsehood against God (Q.:). He further states: O people, … do not follow the footsteps of Satan … He [i.e., Satan] commands you … to say about God what you do not know (Q.:). Nuʿmān then refutes their claim that God revealed only the uṣūl (basic principles, fundamentals) in the Qurʾan, but entrusted them with the furūʿ (sec- ondary, derived matters) to exercise their ijtihād. Another justification they present is that what is validated through qiyās is validated through naẓar. Nuʿmān states that he has already demonstrated the incorrectness of qiyās, hence there is no need to elaborate it here. Finally, he concludes this section by citing the following verses from the Qurʾan. Addressing his Messenger God states: Do not move your tongue about it to hasten it. Upon Us is its [the Qurʾan] putting together and its recitation. When We recite it, follow its recitation. Upon Us is its explanation (Q.:–); and We have sent down to you the reminder (dhikr) for you to make clear to men what has been sent down to them (Q.:); and Say [O Muḥammad], … I only follow what is revealed to me (Q.:); and Nor does he [the Prophet] speak out of caprice. This is simply a revelation that is being revealed (Q.:–). An Account of Aṣḥāb al-qiyās and their Refutation143 The main argument of this group, like others, for the promotion of qiyās as a new judicial source is that the first two material sources, viz., the Qurʾan and the sunna of the Messenger of God, do not respond to the need for resolving issues not foreseen in those texts and do not define rules applicable to new situations. The task of qiyās is therefore to determine rules of procedure which respect the spirit of rules dealt with by the material sources. Consequently, they claim that qiyās appeals to the principles of analogical deduction. The use of qiyās is therefore only valid in so far as it leads to the discovery of legal ruling for a new case on the basis of the revealed text/s and ijmāʿ.144 Nuʿmān reiterates that he has already refuted such a claim by other groups that the Qurʾan does not provide guidelines relevant to new situations; however, in this section he will elaborate specific arguments raised by this group to justify the exercise of qiyās and will refute their claims. At the outset he points out that the aṣḥāb al-qiyās are divided into three distinct groups concerning the use of qiyās and the range of its application. The first group maintains that it is obligatory to exercise qiyās in matters related to the concept of 142 Nuʿmān, Ikhtilāf uṣūl al-madhāhib, pp. –. 143 For the meaning of qiyās see n.  above. Shāfiʿī (al-Risāla, p. ) states that qiyās and ijtihād are two terms with the same meaning. 144 M. Bernard, ‘Ḳiyās’, EI, vol. , pp. –; Hallaq, History, pp.  ff.  The Study of Shiʿi Islam divine unicity (tawḥīd) and formulating judicial decisions (aḥkām) applicable to new situations. The second group upholds its use only for formulating judicial decisions, while forbidding its use in matters related to the divine unicity. The third group, on the other hand, maintains a position contrary to the second group. Nuʿmān refutes their claim by asserting that the majority of the commonalty (i.e., the Sunni schools of jurisprudence) rejects qiyās in matters pertaining either to tawḥīd or aḥkām. Moreover, he had already refuted a similar claim by other groups that the Qurʾan had not foreseen new situations to outline rules of procedure; hence there is no need to replicate.145 Next, Nuʿmān grapples with the theory of qiyās shabah (analogy of resemblance or similitude) as defined by this group. According to this proposition a case is compared to another case in its similarity, comparing an ordinance to another ordinance, and a judicial decision to another judicial decision. The purpose of the comparison is that an issue should resemble another issue in all aspects, including its meaning (maʿānī) and motives (or reasons, asbāb). Nuʿmān then poses a ques- tion: What happens if a case resembles another case in only some aspects? Do you still exercise analogy or abandon it? If the answer is ‘no,’ it implies that qiyās is invalid, because no two cases in this world resemble each other in every respect.146 Consequently, he asserts that the same dictum is true of all judicial decisions and God’s commands concerning what is lawful and unlawful. Nuʿmān states that after being cornered they might change their position and restate their case that two issues do not have to resemble in each other in all aspects, only in certain aspects. Nuʿmān’s response to this shift in their position is that it cannot be permitted. Therefore, he concludes that the theory of qiyās is invalid and absurd. Nuʿmān then moves on to demonstrate that human reason, or speculation regulated to the form of qiyās shabah, is also of no avail concerning the rules of sharīʿa. The first category of examples he cites consists of similar situations but the rules applicable to them are quite different.147 For the expiation of oaths, different types of penance are prescribed and one is given several options: one can either feed ten poor people, give them clothing or emancipate a slave.148 Whereas the punish- ment for a bandit is that he could be either killed, crucified or have his hands and 145 He refers to the Qurʾan and ḥadīth al-thaqalayn. See n.  above. 146 Nuʿmān, Ikhtilāf, p. ; it reads: -:uG$ b9T4Z! Uè1q%(W è1q%$ K9cqZ S%F K9> 5;c"#a i"(AC<;> »;" (: Ui"C2D Å(9/%$ S23: LD Å(9/%$ b"M (2%sk it ;" Uû3c% (hà3W L: è(9ïuG$ 1> .;4'eT√: *#%$ b9T4'%$! .;4'hcåï *#%$ K9cq'%$ $#" :ih% O(/9> .i&]%(W i&]%$! U-:uG(W wM Uç%#, 5;&a S'Év K9eD KA;J9/Z K4&]W K% 5;4&]Z RQ> .KW(ckM! K9A(3: o94<! KZ(h< bõ, L: .Ç-‰98 9è1q%$ Kcqa 5M 1> K% (ñ/>$;: 5;&a S'Év èƒ1ï SeD (ñ§9ï ”9/A IG :$;%(z 5X> »("-98 1> (h[%(? 5F! Uf(hó%$ û3W L: Kcqa 5;&a 5sW KZ(h< bõ, L: (ñ§9ï Kcqa 5;&a IG (ñ§9ï 5\uG UKW O;/%$ $;,-Z! UÅ(9/%$ $;eÑWM C/> UKZ(h< o94< L: b9T4'%$! UKW K9cq'%$ .w$-]%$! ORQ]%$! w(&vuG$ L: K9eD $;k(z! U.;eT√: (: bT: L: $yCWM i%(3%$ 1> $y=;<;: 147 Nuʿmān, Ikhtilāf, p. ; he states: è(9ïM 1>! Uf(z-'[: w(&vsW f(/['É: è(9ïM 1>! Uf(/['É: w(&vsW f(/['É: è(9ïM 1> i&v Cz bõ<! @D Keg%$ ^ ∫ aM6 (4j% (h/x(/v SeD {z;Z IG! UL99:=≤G$ -•$;|W :6CZm bÀe3% S%(3Z Keg%$ L: o/Z i% w(&vuG$ 5\M ^ ∫ 4eD Uf(/['É: w(&vsW f(z-'[: .-99|'%$! -9ú2%(W 148 See Nuʿmān, The Pillars of Islam, vol. , pp. –. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  feet cut off on alternate sides.149 The fine for a muḥrim (a pilgrim assuming the state of ritual consecration) who hunts game is that he shall forfeit the equivalent of that which he had hunted/killed, in terms of domestic animals, or charity or fasting.150 The second category of examples, on the other hand, deals with dissimilar situations yet the judicial rulings stipulated in all such cases are identical. Tayammum (rub- bing the face, hands and forearms with clean sand or dust) is obligatory for those who cannot find water after breaking the state of purity by either relieving oneself, dozing off, having a wet dream or polluting oneself after sex.151 Next, Nuʿmān criticises Imam Abū Ḥanīfa, the main proponent of the theory of qiyās. The conversation between the latter and Imam Jaʿfar al-Ṣādiq ridiculing Abū Ḥanīfa’s use of qiyās is quite striking. It is reported that once Abū Ḥanīfa al-Nuʿmān b. Thābit al-Kūfī visited Imam Jaʿfar al-Ṣādiq who said to him, ‘O Nuʿmān, on what basis do you give a legal ruling?’ He responded, ‘Based on the Book of Allāh, and what I do not find in it I seek it in the sunna of the Messenger of God. Whatever I find neither in the Book of Allāh nor in the sunna of the Messenger of God I use deductive reasoning (qistuhu) to relate it to what I have found in these sources.’ Imam Abū ʿAbd Allāh Jaʿfar al-Ṣādiq said, ‘Woe unto you! Surely, the first to rely on deductive reasoning was Satan and fell into error, for when God commanded him to prostrate himself before Adam, he declared, I am better than him. You created me from fire and him from mud (Q.:). He used deductive reasoning and assumed that fire (as an element) was nobler than earth. He further presumed that who is created from a nobler element is better than the one who is created from an inferior element’. Then the Imam asked him, ‘O Nuʿmān, which of the two is nearer to cleanliness, semen or urine?’ Abū Ḥanīfa replied, ‘Semen, but I don’t say that they are alike.’ The Imam said, ‘Why then did God decreed ablution after [the flow of] urine, and a ritual bath after [the extrusion of] semen? Don’t you think that according to your reasoning the ruling should have been quite contrary, or the same ruling?’ Abū Ḥanīfa remained silent. The Imam said, ‘Which of the two is the greater offence, murder or unlawful sexual intercourse?’ Abū Ḥanīfa said, ‘Murder’. The Imam said, ‘Why then did God decree that two witnesses are necessary in the case of murder so that the murderer could be executed with their testimonies and four witnesses were necessary in that of unlawful intercourse and that the adulterer cannot be punished without the testimonies of less than four?’ Abū Ḥanīfa could not reply. The Imam said, ‘Fear God, O Nuʿmān, and don’t say: What your tongues falsely describe, ‘This is lawful, and this is forbidden’ (Q.:)’. Thereupon Abū Ḥanīfa was dumbfounded and could not utter a word.152 Nuʿmān takes up another form of qiyās, viz., qiyās al-ʿilla (causative inference), which bases analogy on an explanatory principle. This mode of qiyās considers a new thing according to its original meaning (aṣl) as expressed in the text/s. Conse- 149 Ibid., vol. , p. . 150 Ibid., vol. , pp. –. 151 Ibid., vol. , pp. –. 152 Nuʿmān, Ikhtilāf, pp. –. See also Nuʿmān, The Pillars of Islam, vol. , pp. – ; it is restated here with slight variation in wording.  The Study of Shiʿi Islam quently, the ruling of the aṣl is applied to that of the derived case (farʿ).153 In this type of cases the ruling of the latter is deduced from the former, given either by the text of the Qurʾan or ḥadīth which is infallible. Hence, the derived ruling is equated with certainty. It is reported that the Messenger of God prohibited the sale of one kurr (a measure of weight)154 of wheat (burr) for two kurrs. Subsequently, based on qiyās al-ʿilla the aṣḥāb al-qiyās prohibited the sale of one kurr of rice for two kurrs of rice.155 Nuʿmān states that those who advocate the use of qiyās give various reasons for the justification of their deduction why such a sale was forbidden by the Messen- ger of God. Without going into the details, Nuʿmān rejects their speculation for the justification by asserting that one does not know the rationale behind such a prohibition in the original case. God simply commands his servants to do certain things or forbids them to avoid other things. He does not state the rationale as to why such a thing is lawful or unlawful. What this group does is simply to opine that such and such was the rationale. Hence, Nuʿmān asserts that one cannot discover the exact rationale behind such a ruling. Nuʿmān then raises various hypothetical questions even when one presumes that the ʿilla was specified in each and every case. What would happen if the circumstances change? Does the ʿilla remain constant? What would happen if the ʿilla ceases to operate in some cases, or the situation changes in other cases? Does that ḥukm (rule) remain valid, or does it become invalid? Nuʿmān then adds that the precise version of the above tradition reads: ‘Verily, the Messenger of God forbade the sale of wheat by wheat, barley by barley, dates by dates and salt by salt except in equal quantity. Whoever increases or demands more than the equal amount is indeed practicing usury.’156 In all those cases the Messenger of God prohibited disparity in transactions. Similarly the Messenger of God said: ‘[To exchange] silver for silver, or gold for gold, in equal amounts, on the spot [is lawful]; and he who increases or asks for more engages in usury.’157 Nuʿmān reiterates that the aḥkām are not based on any particular ʿilla that could either be specified or comprehended by human reason. Referring to all those groups who advocate the use of qiyās, he cites the Qurʾanic verse which categorically rejects human speculation in religious matters and states: These are nothing but names you have invented yourselves, you and your forefathers. God has sent no 153 Nuʿmān, Ikhtilāf, p. ; it reads: i&]%$ oz! (49> (4h'ÜeöD f;'k$ $+F KedM i&]W l-[e% i&]%$ ;" UKW i&]%$! .-9;W è1q%$ K9cqZ ;" KJ[A 1> Å(9/%$ .Ke<M L: 154 Walther Hinz, Islamische Masse und Gewichte: Umgerechnet ins Metrische System (Leiden, ), pp. –. 155 This example also appears in the later sources; see Hallaq, History, pp. –. 156 Nuʿmān, Ikhtilāf, p. ; Arabic reads: ±e4%$! U-4'%(W -4'%$! U-93q%(W -93q%$! U-åc%(W -åc%$ LD ShA KAM w(3Ñ%$ 1> B:V(3%$ C2D O;k-%$ LD ΩaC]%$ 5F O;zs> .SW6M C/> =$@'k$! =$n L4> Uè$;JW è$;k IGF ±e4%(W It is transmitted by Muslim and others. Wensinck, Concordance, s.v. b-r-r. 157 See also Nuʿmān, The Pillars of Islam, vol. , p. . The Evolution of al-Qāḍī al-Nuʿmān’s Theory  authority for them. Even though their Lord has already brought them guidance, such people merely follow guesswork and the whims of their souls. (Q.:)158 Nuʿmān gives another example by which ahl al-qiyās try to justify their use of qiyās. It is reported that a woman named al-Khathʿamiyya asked the Messenger of God whether or not she could perform pilgrimage on behalf of her father who was too old to undertake such a journey. The Messenger of God said yes and asked her: ‘Do you think that if your father had incurred a monetary debt would you have paid it back?’ Upon hearing the woman’s response in the affirmative, the Messenger of God said: ‘The debt owed to God is therefore more deserving [to be discharged.]’ Hence, they claimed that the Prophet compared the obligation to fulfil the pilgrim- age, which is man’s obligation towards God, to a monetary debt, which is man’s obligation towards another human being. Thus, they claim that the above ḥadīth quite eloquently expresses the permission to exercise qiyās.159 Nuʿmān refutes their claim by stating they have fabricated a lie and ascribed it to the Messenger of God. Their attribution of falsehood to the Prophet, he adds, is rebutted by God when He addresses the Messenger of God: Say, I only follow what is revealed to me (Q.:); and By the star when it sets, your comrade [Muḥammad] has not gone astray, nor has he erred, nor does he speak out of caprice. This [recitation] is simply a revelation that is being revealed (Q.:–). Nuʿmān reiterates that they ought to take the Messen- ger of God’s words as expressed by God: Whatever the Messenger gives you, take it (Q.:). God did not tell that it was a qiyās on the Prophet’s part. Turning the tables around, Nuʿmān states, ‘If they allege that it was a qiyās on the part of the Messenger of God then why do they not approve of performing the pilgrimage on behalf of an able bodied person as a financial debt could be discharged on behalf of another person? However, they agree that the obligation to perform the pilgrimage could only be discharged in the case of a dead or for an aged person who is physical- ly unable to undertake such a journey. If they still maintain that the Messenger of God’s ruling was based on qiyās, they should make it lawful for someone else to fast or pray on behalf of others. But the fact is that they do not allow such an undertak- ing.’ Hence, Nuʿmān asks, ‘How is it permissible for them to argue that it was based on qiyās?’ Finally, Nuʿmān points out contradiction in their argument and states that both the pilgrimage and a monetary debt belong to the category of aṣl and, according to their own theory of analogy, the ruling of the aṣl cannot be deduced from another ruling of the aṣl. This is an obvious violation of the rule. Nuʿmān then states that Dāwūd b. ʿAlī (d. /), the Imam of the school of the Ẓāhiriyya, and his son Muḥammad criticised the use of qiyās and rejected it categorically.160 He also harshly criticises Shāfiʿī for admitting to the use of qiyās and his attempts to regulate its operation.161 Moreover, Nuʿmān cites two examples, 158 This translation is by M. A. S. Abdel Haleem, The Qurʾan: A New Translation (Oxford, ), pp. –. 159 The same case is discussed in later sources also to justify qiyās; see Hallaq, History, p. . 160 Joseph Schacht, ‘Dāwūd b. ʿAlī b. Khalaf ’, EI, vol. , pp. –; Hallaq, History, p. . 161 Hallaq, History, p. .  The Study of Shiʿi Islam namely the punishment for adultery and atonement for forgetfulness during prayer, given by the proponents of qiyās to justify their use of qiyās in identical cases. Their inverted argument, a case of perverted logic, runs as follows. If the exercise of qiyās is invalidated then it is possible for someone to argue that the punishment for adultery by stoning and penance of offering a prostration for forgetfulness during prayer can also be invalidated because both cases are based on specific incidents. It is reported that the Messenger of God stoned a certain person called Māʿiz.162 However, the advocates of deduction by analogy contend that if the use of qiyās is rejected then someone can refuse to stone another person called Saʿd, contending that he does not want to transgress his limits by stoning the latter (another person) whom the Prophet did not stone. Similarly another person could challenge that he is not bound to offer a prostration as expiation for his forgetfulness during any prayer except the noon (ẓuhr) prayer because the Messenger of God did it during the ẓuhr prayer only. They further contend that their validation of stoning punishment for adultery is based on whether the guilty person is married and free while the colour of his skin, ethnicity or name do not matter. Nuʿmān wholeheartedly agrees with their argument. His only disagreement is about the route they have taken to reach such a judgement. Nuʿmān states that he does not establish the validity of the stoning punishment and the prostration for forgetfulness during the prayer through the mechanism of qiyās, rather on the authority of the Imams who have uninter- ruptedly transmitted the traditions from the Messenger of God. Space does not permit me to go into further details. Finally, Nuʿmān concludes the chapter by stating that aḥkām al-dīn, especially concerning the rulings as to what is lawful and unlawful, cannot be established by analogical deduction, or on the rationale of probability, or by recourse to human fancy. Aḥkām al-dīn are based on the Qurʾan and the sunna as transmitted by the Imams. An Account of those who Uphold the Theory of Istiḥsān and their Refutation163 Nuʿmān opens this chapter by stating that all groups that advocate various theories under the guise of raʾy, qiyās, ijtihād, naẓar, istiḥsān or istidlāl ultimately resort to human reason in religious matters. Hence, whatever he has stated so far about other groups equally applies to this group as well. To drive home his point that the Qurʾan contains everything and that it warns people against following their own fancies and assumptions in religious matters, Nuʿmān restates various verses from the Qurʾan.164 This group justifies the theory of istiḥsān (juristic preference) by citing the Qurʾanic verse which states: So give good tidings to My servants, who listen to the declaration and follow the best of it (aḥsanahu). Those are the ones whom God has guided. Those are the [ones] possessed of understanding (uluʾl-albāb) (Q.:–). 162 The name of Māʿiz occurs in the later sources but in a different context of abrogation. Ibid., p. . 163 For istiḥsān, see n.  above. 164 Such as Qurʾan :, :, :. : and :. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  Thus, Nuʿmān states, they assumed that those who give legal ruling based on juristic preference are commended by God. Nuʿmān debunks their incorrect interpretation through linguistic and contextual analysis of the above verse. He states that the antecedent to which the pronoun (in aḥsanahu) refers are the people who avoid serving idols and turn penitent. Good tidings are given to those who listen to the declaration (qawl) and follow the best of it. Declaration refers to the Qurʾan as God states in the same sūra: God has sent down the fairest discourse (aḥsan al-ḥadīth), a consistent Scripture, mathānī … That is God’s guidance, by which He guides those whom He wishes; and those whom God leads astray have no guide (Q.:). The fairest discourse refers to His Book and not to what they allege. Equating juristic preference to what is commendable according to their fancies, Nuʿmān states that it is forbidden by God when He states: And do not say, because of what your tongues falsely describe, ‘This is lawful, and this is forbidden,’ so that you may invent a falsehood against God (Q.:). Another argument against this group is: what would they say if their opponents reject what they consider commendable/preferable and proclaim a different ruling that is commendable to them? Would it not lead to chaos concerning what is lawful and unlawful?165 It could also be argued that when istiḥsān is permissible with regard to furūʿ (positive rules derived from the sources, uṣūl) it should also be permissible for the uṣūl. Once it becomes permissible to exercise istiḥsān in matters dealing with the uṣūl it becomes obligatory to accept that the Jews, Christians, Zoroastrians and idol-worshippers are right in what they consider commendable about their religion.166 An Account of those who Uphold the Theory of Istidlāl and their Refutation167 This group maintains that the Book of God in itself is a legal indicant (dalīl), hence every argument or all evidence (ḥujja) is derived from it. Indeed, the sunna has become evidence because the Qurʾan commanded followers to obey the Messenger of God (who established the sunna). They further assert that whatever is specified and explained in the Qurʾan removes doubt from the listener as God states: Obey God and obey the Messenger (Q.:); and Forbidden to you are: carrion, blood, the flesh of the pig (Q.:); and Forbidden to you are: your mothers, your daughters, your 165 Nuʿmān, Ikhtilāf, p. ; he states: 5;DCZ b"! ».;4'ez (: rRQ|W O(/> U.;4'2J]'k$ (: C\0 LJ]'k$ $+F i&[%(? L: SeD i&'ó ´ v (: :ih% O(/9> K9eD i&% 5("-W IG! Bó ´ v RQW K9> i&Dn(A (49> .;4'3>= 5X> »KJ[2% (heT: ø;D= i&4P|% n(< IGF B¶%(v ç%+ 1> i&J[AuG … w$-v ORQv KAM Cv$;%$ è1q%$ 1> i'c<!M i&J[AuG .;4'c<!M (: K% i'4eök 5F! ..;4Z-W(, 166 Ibid., p. ; he states: 1> $;4&]Z 5M i&% n;óa LaM L4> IGF! UKedM 1> ç%+ $!@9óZ 5M i&:@% LaC%$ l!-> 1> 5(J]'kIG$ iZn;j< 5X> 5;c9P: ihAM 5(t!uG$ ECcD! Å;ó4%$! ø6(P2%$! =;h9e% i'c<!M C/> ç%#W i'4&v i'AM 5F! »O;duG$ i&v -9;W l!-[%$ .ihZ(A(a= L: .;2J]'k$ (49> 167 For the meaning of istidlāl see n.  above.  The Study of Shiʿi Islam sisters… (Q.:) However, what is unspecified or alluded to or expressed by parables, their true import could be discovered through istidlāl (arguments based on the dalīl, or legal inference). Similarly in the sunna of the Messenger of God, certain things are obvious and have no need for dalīl (argument or inference), while others are stated in general terms in need of interpretation (taʾwīl). Hence, what is not explicitly stated we infer (istadlalnā) from what is obvious. For example God says: Perform prayer (Q.:). And the Messenger of God explained the details, timing, and so forth. Nuʿmān rebuts their claim and states that their assertion that the Book of God itself is a dalīl which needs explanation. The Book by itself does not speak and was in need of the Messenger of God to explain its rules, regulations and uphold its teachings. Yes, the Qurʾan is the proof for the veracity of the Messenger of God and he was the dalīl during his lifetime while his successors, the Imams, are the guides for the succeeding generations. This is the very reason why the Qurʾan states: O you who believe, obey God and obey the Messenger and those of you who have authority (Q.:).168 Had the Qurʾan been the guide (dalīl) by itself to truth as they claim, Nuʿmān states that there would not have been a need for the Messenger of God or those who have authority. It only demonstrates their arrogance. An Account of those who Uphold the Theories of Ijtihād and Raʾy and their Refutation for Abandoning the Truth169 They assert that the exercise of ijtihād is obligatory (al-farḍ ʿalayhim) in order to resolve cases not explicitly stated either in the Book of God or the sunna of the Messenger of God. After exercising his ijtihād if the jurist finds the matter dis- cernible he can issue a ruling whether it is lawful or unlawful. Justification for the use of ijtihād is based on an alleged tradition reported on the authority of the Prophet. It is related that the Prophet sent Muʿādh b. Jabal to Yemen on a mission. The Prophet asked him, ‘How will you decide on matters that come up?’ He replied, ‘I will decide according to the Book of God.’ The Prophet asked, ‘What if you do not find it there?’ He replied, ‘Then according to the sunna of the Messenger of God.’ The Prophet asked, ‘What if you do not find in the sunna of the Messenger of God?’ He answered, ‘Then I will exert effort to form my own judgement (ajtahid raʾyī).’ Thereupon the Messenger of God struck his chest and said, ‘Thank God for guiding the Messenger of God’s messenger.’170 Nuʿmān tries to show that the above tradition is not authentic and presents his supporting evidence from the Qurʾan and the sunna. He states that those from the commonalty who reject the principle of ijtihād indicate that the tradition is maqṭūʿ – the isnād is said to be broken.171 Although the tradition is transmitted by several 168 Nuʿmān has argued above that who have authority refers to the Imams. 169 For the meanings of ijtihād and raʾy, see n.  and  above. 170 It is a widely related tradition to imply that reasoning by inference is approved by the Prophet. Hallaq, History, pp. , . 171 Maqṭūʿ is a tradition that goes back to a Successor regarding words or deeds of his. Shāfiʿī used it in the sense of Munqaṭiʿ, which has been used of an isnād including unspecified The Evolution of al-Qāḍī al-Nuʿmān’s Theory  transmitters, the chain of authority stops with the nephew of al-Mughīra b. Shuʿba172 who stated that he related it on the authority of men from Banī Ḥimṣ173 who stated that it was on the authority of Muʿādh b. Jabal. Therefore, Nuʿmān says it is a weak tradition and its transmitters are unknown individuals. Even if it is presumed that the tradition is established, Nuʿmān argues, most probably the words of Muʿādh ‘I will exert effort to form my own judgement’ meant that he would seek the evidence from the Book and the sunna. Nuʿmān adds that when ʿUmar b. al- Khaṭṭāb persisted in his question to the Prophet about the meaning of al-kalāla,174 he told him to refer to the verses that were revealed to him rather than telling him to exert his effort and form his own opinion. He further adds: What would happen if ijtihād was permitted and two persons exercising their rights of ijtihād reach contradictory conclusions about the same legal case? According to their argument both are correct in their judgements, but the fact is that the truth resides with only one party. This was the position taken by Muḥammad b. Dāwūd and his father, the founder of the Ẓāhirī school, for their opposition to the principle of ijtihād. Nuʿmān also objects to this group’s assumption that the exercise of ijtihād is obligatory without providing any evidence. Moreover, their assumption that they are not obliged to find the correct solution is quite strange. If this is the case one surmises what the obligation is, because God categorically states: [It is improper] to say about God what you do not know (Q.:). In another verse He states: After the truth what is there except error? [So] how are you turned about? (Q.:), and Do not follow the whims of a people who strayed previously and led many astray and strayed from the level path (Q.:). God did not say, ‘ijtahidū,’ He commanded: Ask the people [who have] the reminder if you do not know (Q.:). Nuʿmān rejects Shāfiʿī’s argument in defence of ijtihād concerning the command to face the Sacred Mosque in prayer very weak because it is known to every Muslim. people, or one later than a Successor who claims to have heard someone he did not hear. It is also used of one later than a Successor quoting directly from a Companion. However, it is commonly applied when there is a break in the isnād at any stage later than the Successor. James Robson, ‘Ḥadīth’, EI, vol. , pp. –. See also John Burton, An Introduction to the Hadīth (Edinburgh, ), p. ; he states that this type of ḥadīth was the source of a great quantity of badly needed material. The degree to which it was relied on was dictated by necessity and governed by due regard to the transmitter’s reputation. Jonathan Brown, Hadith: Muḥammad’s Legacy in the Medieval and Modern World (Oxford, ), p. . 172 He was a Companion and considered as one of the chief dāhiyas of his time. Dāhiya literally means ‘smart fellow’ or ‘old fox’, also holding negative connotations such as a man of dubious morals, or one who could get himself out of even the most hopeless situation. It was said about al-Mughīra that if he were shut behind seven doors, his cunning would find a way to burst open all the locks. See Henry Lammens, ‘al-Mughīra b. Shuʿba’, EI, vol. , p. . 173 Banū Ḥimṣ cannot be identified but Muḥammad Murtaḍā al-Zabīdī in his Tāj al-ʿarūs (Kuwait, ), vol. , p. , states that the city of Ḥimṣ in Syria was named after Ḥimṣ b. Ṣahr from Banī ʿImlīq. 174 See Qurʾan :, . For its meaning and more details see Nuʿmān, The Pillars of Islam, vol. , pp. , ; Cilardo Agostino, The Qurʾānic Term Kalāla: Studies in Arabic Language and Poetry, Ḥadīth, Tafsīr and Fiqh, Notes on the Origins of Islamic Law (Edinburgh, ).  The Study of Shiʿi Islam If a person is ignorant about it, he should seek it from knowledgeable people and it is not permitted for him to use his ijtihād. Another tradition states, ‘When a governor/judge formulates an independent judgement in a legal case and gets it right he gets a double reward, while the one who formulates his judgement but errs, gets one reward [for fulfilling the obligation of ijtihād].’175 Nuʿmān rejects this tradition because it contradicts other traditions. He states that the correctly trans- mitted tradition reads, ‘Judges are of three types: two are [condemned to] fire and one is [destined for] paradise. One who decides unjustly while knowing full well that he is not just [in his ruling] is destined for fire. One who rules unjustly but is not aware [that his ruling is unjust] is destined for fire because he has stripped the people of their rights. One who rules with justice is destined for paradise.’176 Nuʿmān also criticises Abū Ḥanīfa, Shāfiʿī and Abū ʿUbayd al-Qāsim b. Sallām (d. /),177 but space does not permit me to elaborate. As stated above it is the third longest chapter and Nuʿmān expands on an additional four justifications presented by this group and refutes them meticulously. In what follows I will summarise those justifications and Nuʿmān’s main arguments against them. The second justification is based on a long verse which states: Or like the one who passed by a settlement collapsed on its supports: he said, ‘How will God give life to this [settlement] now that it is dead?’ God caused him to die for a hundred years, and then brought him back to life. He said, ‘How long have you tarried?’ He said, ‘A day or part of a day.’ He said, ‘No, you have lingered a hundred years …’ [to the end of the verse] (Q.:). They allege that ijtihād is permitted because God did not reject the speculation of the man who said, ‘A day or part of a day.’ Nuʿmān states that their argument does not hold much water because the thrust of the verse is to show that man’s speculation is wrong. Nuʿmān reinforces his argument with linguistic and contextual analysis of the verse. The third justification is based on the verse that states: God will not take you to task for making inadvertent errors in your oaths, but He will take you to task for agreements you have made through oaths. Expiation [for broken oaths] is the feeding of ten destitute people with the average of the food with which you feed your families or clothing of them or freeing of a slave. Whoever does not find [the means for that] should fast for three days (Q.:). They argue that since God permitted selection/ choice, why should a similar choice not be permitted with regard to ijtihād? Different rulings reached by different mujtahids are thus similar to the choices given by God. Nuʿmān argues that choices are given by God and not left with the muj- tahids to deduce. What would happen if the choices are not provided by God? One mujtahid might rule that the one who breaks an oath should be killed and the second might rule that [his hand] should be cut off, and the third might rule that he should be flogged while the fourth might rule that he should be imprisoned. Don’t they think that they are transgressing the punishments prescribed by God? 175 It is transmitted by Bukhārī, Muslim, Abū Dāwūd, Tirmidhī, Nasāʾī, Ibn Māja and Ibn Ḥanbal. Wensinck, Concordance, s.v., a-j-r. 176 It is transmitted by Abū Dāwūd and Ibn Māja, Wensinck, Concordance, s.v., q-ḍ-y. 177 He was a grammarian, Qurʾan scholar and a jurist. H. L. Gottschalk, ‘Abū ʿUbayd al- Ḳāsim b. Sallām’, EI, vol. , p. . The Evolution of al-Qāḍī al-Nuʿmān’s Theory  The fourth justification is also based on the above verse and they argue as follows. There is no difference between the three choices specified and leaving the selection or entrusting the exercise of ijtihād to them concerning an incident that might happen or a mishap should descend upon them. Nuʿmān refutes their argument by stating that their reasoning is far-fetched and God did not permit it. The last justification is derived from the verse about the maintenance of divorced women which states: The well-to-do according to his means and the needy according to his (Q.:). Nuʿmān rebuffs their reasoning by pointing out the verse which states: Let a man of ample means spend some of those means; and those whose provision is measured, let them spend some of what God has given them (Q.:). Nuʿmān asserts that the latter verse clearly indicates that the maintenance of divorced women is not left to their inference (ijtihād) as they falsely claim, but was left to the Messenger of God and the Imams to further clarify the matter as God states: And We have sent down to you [O Prophet] the reminder for you to make clear to men what has been sent down to them (Q.:). Finally, let me return to Nuʿmān for some concluding remarks. In sharp contrast to other schools of jurisprudence, it should be noted that Ismaili law developed and flourished under the patronage of the Fatimid dynasty. Nuʿmān, therefore, put the theory of the imamate, fully articulated by him, to its appropriate use in The Pillars of Islam, which was his crowning achievement and blessed by the Imam-caliph al- Muʿizz. As soon as the The Pillars of Islam was completed it was proclaimed by al- Muʿizz to be the official code of the Fatimid state. The law, thus promulgated through the Daʿāʾim was for the simultaneous use of the state and the Ismaili community. The Daʿāʾim, which I have elaborated elsewhere, was thus the first juristic text to give a legalistic place to the doctrine of the imamate/walāya.178 Nuʿmān has correctly stated that of the seven pillars of Islam, it is the first pillar of walāya which is the most excellent and through it and through the walīy (the Imam), around whom the walāya revolves, the true knowledge of the rest of the pillars of Islam can be obtained. For the Fatimids, walāya was not merely a religious belief, it was the very foundation of their claim to political leadership of the Muslim world. The chapter on walāya along with that on the jihād, containing the ʿahd ascribed to ʿAlī b. Abī Ṭālib dealing with the ruler’s conduct towards his subjects and the excellent qualities and practices that he should observe, represents the Ismaili theory of the state as well as its civil constitution. In the absence of the Imam and the subsequent precarious existence of the Mustaʿlī-Ṭayyibī communities, first in the Yemen and then in the Indian subconti- nent, it was not easy to consider any modification of this law, especially anything concerned with family law. However, the situation dramatically changed during the second half of the last century throughout Muslim countries. Hence, it is time that the religious authorities take into consideration the present situation and growing complaints by various segments of the community to render justice to the weaker segments of the society.179 178 Poonawala, ‘al-Qāḍī al-Nuʿmān and Ismaʿili Jurisprudence’, p. . 179 Ibid., p. .  The Study of Shiʿi Islam Appendix I Relevant verses from Nuʿmān’s al-Urjūza al-muntakhaba (B<!=@: EC9Pz UBc|'24%$ En;<6uG$ K/[%$ )$;WM 1> (h4úA).180 ;:98762!1 54232!1 0/$"! .- *),!%"! +*)&("! '&" %$#"! E D ! P ) O 6 2 ! 1 N M L K " ! 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J&\ 9UYH mlYy7 ;:9)Y)d)q)"! û)W ùBA`"! úlF9õ" ;:9)hP)d"!1 %)h9ï"9F ml)ön1 _j)&`Z"! åML)q)<9F 9)UYH 59)n 9)W jî)G" 8W JüO %Z\ .PO- %)(F /W ã à 9 ) 8 ) , C 2 ! 1 } 9 ) Z ) c 6 2 9 ) F 1 9))K † )), ãà9)qy"! /)W 9)U)&`, P)OwF •£9cC2! *H l)d)õ)$"! Å&\ 4§2é ¢£9)YQ 421 ¢.b| 9)W P)Y)°F ãà9)8)#"! Å&\ /ePï\ %)e¶s óà9)qO *qR9W *H l&$yH P)d)Ö"! /)W ßML$)n ')YH ml&)$nb PKqÖW *H 9UÑp" vuPKq<! Vr 9®)d)™\ 9U)YH ml($n ©j)()W9n 9®)d)q)O 9)UZW %(F vuPKq<! 0V)r X}!%)ÆC2! /)W ≠BA)#)Z)W ñJO1 X}9)Zc62! ¨P) 9)U)Z)\ ml7´b 9)®ØIÖW 9UZ\ l m IÖW :b %(F /W 9®)I)#)W 9)UYH lF9õ)"9F mlön1 180 MS in the collection of my father Mullā Qurbān Ḥusayn Poonawala. The word risāla added to the title given in the edited versions of Idrīs, ʿUyūn al-akhbār, p. : En;<6uG$ B%(k6 Bc|'24%$ and ʿUyūn al-akhbār (ed. Ghālib), vol. , p. : Bc|'24%$ E6('|4%$ En;<6uG$ B%(k-%$ are incorrect. The Evolution of al-Qāḍī al-Nuʿmān’s Theory  It was composed after Mukhtaṣar al-īḍāḥ as Nuʿmān states:181 ∞P)dÖ"! /)W ßML)$)n ')Y)H ml&$nb PKqÖW *H 9UÑp" vuPKq<! 0Vr 9)nA)()"! 9)U)YH mlW0A)Q ±N%)YKQ 9®)n1}¶)W k')()$)n ml)eb| 0V)r ∞|9)≥Ñ)Z"! /)W 9)h9)Z)(W à≤P)`)e |9K)q)<! *H à!AFC2! j)()≤dïW 182 πV∏U ∑Z"!1 ∂Å™;#"! 1- 9h1b| !-é V)&)(&)" 9)UF µ¥)p)#"! JU8e1 jQ|1 9UZW 5¶™"! *H 9W û$™s j)QP)q)p$"! 'n1C2! 9UYH u v PK7 k')xq)p)iZ∫ :b %)(F N9`õ"! /\ k')qx)($)n -é lYd"! J)hb BA)Q /W j ) d ) & ) @ & " 9))U))qx)d)Ö))q))),! *)Z))ª , C 2 j)d)Öq)Z)$"! l0$s -é 9U)xq)Y0$c This Urjūza by Nuʿmān was probably the first versified version of jurisprudence and it may have been regarded as a model for the later Sunni compositions. It is in two parts/volumes: the first deals with the ʿibādāt and the second with the muʿāmalāt and covers all topics of law covered in the Daʿāʾim. It was composed, as the author states in the introduction to facilitate its memorisation by the students. It is not edited and is mentioned by Ibn Khallikān.183 Al-Majdūʿ gives its title as al-Qaṣīda al-muntakhaba.184 Appendix II 6(t≤G$ -P'|4% f$n(<F [i,(]%$ L: 5(432%$ 10(/%$ LW 1eD LW L9J]%$ 10(/%$ En(<F] L93'JA KW! i9v-%$ L4™v-%$ Keg%$ iJW SeD Keg%$ Söed! UKx(43A! Keà> L: Ca@4%$ 1à'/a $C∆4v KxIGê L: KW S%!M (: SeD Keg% C4]%$ 10(/%$ LW 1®eD LW L9J]%$ 10(/%$ O(z .Kx(9%!M UK'a6+ L: B4jxuG$ SeD! Kx(9cAM iZ(? C< 4]: ^9W b"M L: L9z=(P%$ B4jxuG$ (29%$;: LD BaV!-4%$ `'&%$ L: .-98! )('&%$ $#" ^ _ a!6 :5(432%$ 5$;06 C4]: LW 5ã(432%$ 10(/%$ *C\< (h[2d 1'%$ UL934<M ieök! K9eD Keg%$ Seöd UKeg%$ O;k6 *#%$ .=(2kXW E∂n(<F! (ñD(4k U.(06M! K2D Keg%$ 106 U5(432%$ LW 1®eD 10(/%$ 1WM LD UK9eD Keg%$ L92:£4%$ -9:M Keg%$ -:sW i,(]%$ w(:áG$ (AIG;4% ç%+ f ä -,+ ijt .)('&%$ $#" 6Cd bcz .-,+M 181 Al-Qāḍī al-Nuʿmān, al-Urjūza al-muntakhaba, MS v–r. 182 Variant reading in another MS (in the collection of Mullā Qurbān Ḥusayn): ih[%$! 183 Ibn Khallikān, p. ; he states: )$;WM 1> (h4úA B<!=@: EC9Pz Bc|'24%(W (hc/\% B9h/[%$ EC9P/%$ K%! K/[%$. 184 Al-Majdūʿ, Fahrasa, pp. –.  The Study of Shiʿi Islam :L9'|JA 1>) [LD]! UK9eD Keg%$ f$;ed K2D `'&%$ .#" 1> (: Ba$!6 1> K'ÜA+s'k$! K9eD Keg%$ f$;ed 1% 5' +Ÿ=s> .Kà3W K9eD f ä M-z! .(aVF KZm-àvM 5M C3W K'a$!6 1> `8-a L:ù SeD )('&%$ $#" èRQ:F (5M :;"! .K2D Keg%$ 106 1WM LD Ka!6M *#%$ 6CP%(W f ä MCW! 1%(3%$ .Ç-‰:¸M ^ _ eT':(> .ç%+ 1> [@a@3%$ L: 5(432%$ 10(/%$ LW 1eD 10(/%$ En(<F] i9v-%$ L4™v-%$ Keg%$ iJW .Õ-:M 1%!M B4jxuG$ SeD! UK9åcA C< 4]: SeD Keg%$ Seöd! U.-&ï K2, K% -&q%$! .C4v ≥Vv Keg% C4]%$ LW 5(432%$ 10(/%$ 1WM SeD )('&%$ $#" f ä M-z :5(432%$ LW 1eD 10(/%$ O(z ..Õ-,+ b"M! '5+ŸM! 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Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 Wealth and Poverty in the QurÞan and Traditions of the Prophet, and How Those Concepts are Ref lected in the RasaÞ il Ikhwan al‑SafaÞ I s m a i l Po onawa l a University of California, Los Angeles, USA ABSTRACT: The aim of this paper is to scrutinize abstract notions of wealth and poverty as portrayed in the QurÞan and the traditions of the Prophet, and how those concepts are reflected in a well-known encyclopaedia entitled RasaÞil Ikhwan al‑SafaÞ that circulated the Arab world at the turn of the tenth century. In the conclusion I tentatively argue that, despite their revolutionary attitude toward the prevailing religio-political authorities, the Ikhwan took a conservative stance concerning wealth and poverty by striking a balance between excessive wealth and abject poverty. KEYWORDS: Ikhwan al-SafaÞ, Epistles of the Brethren of Purity, QurÞan, wealth, medieval Islam, Islamic philosophy Introduction1 The following study examines the abstract concepts of wealth and poverty2 in the foundational texts of Islam and how they are reflected in the famous encyclopaedia entitled RasaÞil Ikhwan al‑SafaÞ wa Khullan al‑WafaÞ (Epistles of the Sincere Brethren and Faithful Friends, which it will henceforth be referred to as, and often translated as the Brethren of Purity and Loyal Friends) that circulated widely at the end of the third/ninth and the beginning of the fourth/tenth centuries.3 The notions of poverty and charity in Islam have been analysed before, albeit discursively, by scholars from different perspectives.4 The notion of wealth in the QurÞan, on the 263 Wealth and Poverty Ismail Poonawala other hand, has not been dealt with comprehensively as far as it can be ascertained. With regard to the Epistles of the Sincere Brethren, to the best of my knowledge, the above themes have not been previously explored. The study is, therefore, divided into three sections. The first, introductory part briefly sketches the relationship between religion and wealth, on the one hand, and religion and poverty, on the other, from a sociological perspective. It is followed by a review of a widely accepted thesis concerning the rise of Islam and the socio-economic environment that prevailed in pre-Islamic Arabia, especially in Mecca where Muhammad grew up and received his early revelations. The second section investigates the notions of wealth and poverty as depicted in the QurÞan and the traditions of the Prophet (ahadith, pl. of hadith). The last section scrutinizes how the Ikhwan perceived those notions. The Ikhwan were members of a secretive religio-political movement and an intellectual organization of the late third/beginning of the tenth century, whose goal was to supplant the Sunni ÝAbbasid caliphate with a ShiÝi imamate. The brotherhood of the Ikhwan al‑SafaÞ wa-Khullan al‑WafaÞ (Sincere Brethren and Faithful Friends) was a pseudonym assumed by the authors to conceal their true identity. They describe themselves as truth-seekers whose aim was to reform Muslim society from within. They entered into the ongoing debate between the proponents of the imported Greek sciences and philosophy and the adherents of Islamic revelation, in which each side claimed to possess the truth. The authors of the RasaÞil combined the main tenets of the ShiÝi faith, such as the need for and existence of a divinely sanctioned supreme authority, the Imam, with the validity of reason as source of knowledge. Thus, they synthesized reason with revelation basing it on Neoplatonic philosophy and ShiÝi doctrine, and offered a new world order under the aegis of the Imam, who resembles Plato’s philosopher-king. They also formulated a model of an inclusive Islam with values of tolerance and understanding between different religions and cultures. Their so-called ‘liberal’ interpretation of Islam was still rooted in the spirit of the QurÞan, especially the themes present in verses 62 of Surat al‑Baqarah and 69 of Surat al‑MaÞidah, and verses 136 and 285 of Surat al‑Baqarah and verse 84 of Surat Al ÝImran.5 However, with regard to wealth and poverty, they diluted the QurÞan’s harsh tone to a certain extent, and took a middle-of-the-road stance in striking a balance between excessive wealth and abject poverty. 264 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 I The relationship between religion and wealth is complex and has been passionately debated by scholars. Most economists have stressed the negative impact of religion on wealth. Adam Smith, for example, believed that clergymen were members of an unproductive frivolous profession. Others have argued that religion is a major cause of economic underdevelopment. Similarly it has been contended that the Islamic shariÝah is an impediment to modernization in Muslim countries. Max Weber (d. 1920), the most influential twentieth-century social scientist, emphasized the negative role of the religions of the East. Those who criticize Weber assert that the rise of capitalism was accompanied by a decline in credence given to magic and religious belief.6 Thus, there is no simple way to characterize the relationship between religion and wealth in light of the determinate role played by the specific historical and social circumstances that prevailed at the origin of a particular religion. Furthermore, religion’s influence on the wealth or poverty of a country is governed in conjunction with another set of complicated social variables, secular institutions, and values in general. The most significant contributions made by Protestantism to the development of capitalism, according to Winston Davis, were its general indifference to the social problem of poverty, its hostility to the labour movement, and its assumption that individualism is as ‘natural’ in economics as it is in religion.7 The relationship between religion and wealth, therefore, varies from one society to another. Since religion and wealth were closely intertwined in prehistoric societies, ownership and wealth were woven into a rich tapestry of myth, ritual, moral values, and other ideals. However, with the advent of Hinduism, Buddhism, and the Abrahamic religions, the relationship between religion and wealth changed significantly. One should bear in mind that in the ancient Near East, and later in the Far East, and Catholic Europe, religious institutions themselves became powerful landlords, controlling trade and the use of large tracts of land for their own interests.8 On the other hand, poverty, a principle of voluntary worldly asceticism, or limitation of material possession as a virtue, is incorporated into the world’s major religions. What each religious tradition deems necessary for the attainment of human aspirations determines the way 265 Wealth and Poverty Ismail Poonawala in which poverty is viewed. This paper is not concerned with definitions of poverty as it is dealt with by Michael Bonner in his article entitled ‘Definitions of Poverty and the Rise of the Muslim Urban Poor.’9 Bonner does, however, reach an important conclusion drawn from early Islamic history which is relevant to our discussion of the RasaÞil; hence, it will be discussed at the end to conclude this paper. Almsgiving in many religions is regarded as a religious obligation; sharing of one’s excessive possessions and even the necessities of life with the poor is often seen as the moral responsibility of the wealthy. Poverty also denotes a sense of detachment from worldly pleasures in the quest of a higher spiritual good. Historically, some religious and philosophical figures have regarded voluntary poverty as a spiritual good in the sense that it fosters the principle of self-sufficiency. The notion that one could easily become obsessed with possessions was, for such groups as the Stoics, Pythagoreans, the Sincere Brethren, and the mystics of Islam, a reason for incorporating some degree of poverty into their codes of personal discipline.10 The early Muslim jurists ( fuqahaÞ), in passing, considered the questions related to the poor and poverty in their discussions of alms (zakat and sadaqah). The subject was also debated in Sufi circles. The designation of poverty as a spiritual state did not go uncontested. While some Sufis considered poverty to be a major part of their spirituality, others were more cautious in their evaluations of the holy poor.11 Now, turning to prevailing socio-economic conditions in pre-Islamic Arabia just before the advent of Islam, one has to look closely at Mecca where the Prophet was born and raised, because it was this milieu that nurtured and determined relations between Islam and wealth, on the one hand, and Islam and poverty, on the other. Muslim historians depicted pre-Islamic Mecca as a thriving capitalist hub, a central point on the north-south trade route that ran the length of western Arabia from the ports of Yemen up to the Mediterranean, and to Damascus and beyond. It was ruled by an oligarchy and power was held in the hands of the wealthy few. Every aspect of the pilgrimage to Mecca had been carefully calculated by them down to the last gram of silver or gold or its equivalent in trade. Fees were required for setting up a tent, entry into the KaÝbah precinct, water, food, and clothes. All of this benefitted the Quraysh tribe. Their business was in faith, and their faith was in business. The wealthy took wealth as a virtue in and of itself, a sign that they had been favoured by God. This image was contrary to the Bedouins who believed 266 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 all property ought to be held in common for the benefit of the tribe and its clans. Consequently, wealth and poverty have received a lot of attention, especially in the works of W. Montgomery Watt in the 1950s and 1960s. He argued that Muhammad’s activity as a prophet in Mecca took place within a larger context of weakening social solidarity and the growth of individualism. Meccan merchants, consisting mostly of the dominant Quraysh tribe, accumulated riches without regard for the poor and deprived members of their society. In short, the story of Meccan trade, which has been told with increasing refinement to the present, received the lion’s share of attention in Montgomery Watt’s diagnosis of the malaise in Arabia (especially in Mecca) on the eve of the of the beginning of the Prophet’s mission.12 II The central message of the QurÞan besides the concept of ‘the Oneness of God (tawhid)’, during the Meccan phase, is socio-economic justice.13 Both concepts are intertwined and one cannot be separated from the other. The doctrine of charity, in terms of alleviating suffering and helping the needy, constitutes an integral part of Islamic teachings. In the earliest passages of the QurÞan, one finds expressions of severe hostility towards wealth, the recommendation that the rich make worthy use of their possessions, and threats of harsh chastisement by God. The remedy applied to the evils caused by the inequality of wealth is taxation (zakat, i.e. obligatory alms) of the rich. The QurÞan sets forth a worthy precept of circulation of wealth among the poor and needy, not from the rich to the rich. The QurÞan makes constant admonitions and demands for zakat/sadaqah.14 Several verses prod reluctant affluent Muslims into making such donations. Referring to those who feared that charity might reduce their wealth, it states: And should you fear poverty, then [know that] in time God will enrich you out of His bounty. (Q 9:28)15 It is worth noting that the QurÞan asserts a right/claim (haqq) which inheres in possessions. It states: 267 Wealth and Poverty Ismail Poonawala And [would assign] in all that they possessed a due share unto such as might ask [for help] and such as might suffer privation ( fi amwalihim haqqun li-al‑saÞil wa al‑mahrum). (Q 51:19) In another place it states: And in whose possessions there is a due share, acknowledged [by them], for such as ask [for help] and such as are deprived [of what is good in life] ( fi amwalihim haqqun maÝlumun li- al‑saÞil wa al‑mahrum). (Q 70:24-25) The Prophet dispatched his agents to collect the zakat. He instructed them to take zakat out of the possessions (amwal) of the rich and return them to the poor. The QurÞan states: [Hence, O Prophet,] accept that [part] of their possessions which is offered for the sake of God, so that thou mayest cleanse them thereby and cause them to grow in purity, and pray for them: behold thy prayer will be [a source of] comfort to them […]. (Q 9:103) A type of profit that was particularly excessive, riba (usury), was totally forbidden.16 Any speculation in foodstuffs, especially hoarding them, is forbidden. Similarly, any selling wherein there is an element of speculation or uncertainty is prohibited.17 Praying to God and other devotional acts are deemed to be a pure façade in the absence of active welfare service to the needy. In Surat al‑MaÝun (Assistance), it states: Hast thou ever considered [the kind of man] who gives the lie to all moral law? Behold, it is this [kind of man] that thrusts the orphan away, and feels no urge to feed the needy. Woe, then, unto those praying ones whose hearts from their prayer are remote – those who want only to be seen and praised, and, withal, deny all assistance [to their fellow men]. (Q 107)18 Man is by nature timid: when evil befalls him, he panics, but when good things come to him he prevents them from reaching others. Human nature is, thus, aptly depicted in the following verse. 268 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 Verily, man is born with restless disposition. [As a rule,] whenever misfortune touches him, he is filled with self- pity, and whenever good fortune comes to him, he selfishly withholds it [from others]. (Q 70:19-21) In another passage the QurÞanic criticism of human nature becomes very sharp. It states: But as for man, whenever his Sustainer tries him by His generosity and by letting him enjoy a life of ease, he says, ‘My Sustainer has been [justly] generous towards me;’ whereas, whenever He tries him by straitening his means of livelihood, he says, ‘My Sustainer has disgraced me.’ But nay, nay, [O men, consider all that you do and fail to do:] you are not generous towards the orphan, and you do not urge one another to feed the needy, and you devour the inheritance [of others] with devouring greed, and you love wealth with boundless love! (Q 89:15-20) The QurÞan vehemently criticizes the accumulation of wealth for wealth’s sake in chapters 102 and 104. In Surat al‑Takathur (Insatiable Greed),19 it states: You are obsessed by greed for more and more until you go down to your graves! Nay, in time you will come to understand! And once again: Nay, in time you will come to understand! Nay, if you could but understand [it] with an understanding [born] of certainty, you would indeed, most surely, behold the blazing fire [of hell]! In the end you will indeed, most surely, behold it with the eye of certainty: and on that Day you will most surely be called to account for [what you did with] the boon of life! (Q 102) In Surat al‑Humazah (the Slanderer), it states: Woe unto every slanderer, fault-finder! [Woe unto him] who amasses wealth and counts it a safeguard, thinking that his wealth will make him live forever! Nay, but [in the life to come 269 Wealth and Poverty Ismail Poonawala such as] he shall indeed be abandoned to crushing torment! And what could make thee conceive what the crushing torment will be? A fire kindled by God, which will rise over the [guilty] hearts: verily it will close in upon them in endless columns! (Q 104:2-9) The QurÞan stipulates that the rich should participate in charity more or less in proportion to their incomes. In Surat al‑Layl (the Night), it states: Thus, as for him who gives [to others] and is conscious of God, and believes in the truth of the ultimate good – for him shall We make easy the path towards [ultimate] ease. But as for him who is niggardly, and thinks that he is self-sufficient, and calls the ultimate good a lie – for him shall We make easy the path towards hardship; and what will his wealth avail him when he goes down [to his grave]? […] he that spends his possessions [on others] so that he might grow in purity – not as payment for favours received, but only out of a longing for the countenance of his Sustainer, the All-Highest: and as such, indeed shall in time be well-pleased. (Q 92:5-10, 18-21) Feeding the hungry, an orphan near of kin, or a needy [stranger] lying in the dust, and freeing a human being from bondage are praised and encouraged by the QurÞan. In Surat al‑Balad (the Land), it states: [It is] the freeing of a human being from bondage,20 or the feeding, upon a day of [one’s own] hunger, of an orphan near of kid, or of a needy [stranger] lying in the dust – and being withal, of those who have attained to faith and who enjoin upon one another patience in adversity, and enjoin upon one another compassion. Such as they that have attained to righteousness; whereas those who are bent on denying the truth of Our messages – they are such as have lost themselves in evil, the [with] fire closing in upon them. (Q 90:13-20; see also 76:8-9 where people feed the needy, the orphan and the captive for the sake of God.) 270 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 In his Islam et Capitalisme, Maxime Rodinson states that the QurÞan is not opposed to private property, since it lays down rules for inheritance. The QurÞan looks with favour upon commercial activity, confining itself to condemning fraudulent practices.21 It also advises that inequalities among men concerning God’s bounties are not to be challenged,22 contenting itself with denouncing the habitual impiety of rich people, stressing the uselessness of wealth in the face of God’s judgment and the temptation to neglect religion and charity that wealth brings.23 With regard to the second Islamic source it should be emphasized that in general one finds an echo of the QurÞan in countless traditions.24 Devouring riba and consuming the property of an orphan are enumerated among the major sins and signs of hypocrisy.25 In the chapter on zakat most of the traditions reiterate that zakat is to be taken from the rich and distributed among the poor and needy. Those who withhold this tax are warned of severe punishment by God.26 It is interesting to note that in the chapter on zakat there is a section entitled ‘Those who are not allowed to beg and those who are.’27 Accordingly, begging is acceptable for three classes of people. First, for a man who has become a guarantor for a payment (as an undertaking to pay someone else’s debt or blood money). Begging is permitted for him until he acquires it, after which he must stop. Second, begging is sanctioned for a man whose property has been destroyed by a calamity and has smitten him. He is allowed to beg until he gets what will support life or provide a reasonable subsistence for him and his family. Third, a man who has been struck by poverty may beg until he obtains sufficient support as long as his poverty is confirmed by three learned members of his people.28 In short, begging is not permitted except in dire circumstances. Yet another tradition states that begging is not permitted for those who have [physical] strength and are sound in limbs, but only to those who are in grinding poverty or serious debt.29 The above section is followed by a subdivision entitled ‘Spending, and disapproval of avarice’, wherein miserliness is condemned, and generous people who help the poor and needy are commended.30 It is followed by yet another segment enumerating the excellence of sadaqah. The first tradition, transmitted by both Bukhari and Muslim, states that if anyone gives as sadaqah the equivalent of a date from something lawfully earned, God will accept it, until it becomes like a mountain.31 Another tradition also transmitted by the shaykhan (i.e., Bukhari and Muslim) states that 271 Wealth and Poverty Ismail Poonawala every act of kindness (kull maÝruf ) is sadaqah.32 The section on the excellence of the poor and the Prophet’s livelihood is preceded by a section on ‘Words which soften the heart’. Cited here is the famous tradition that goes: ‘The world is the believer’s prison and the infidel’s paradise.’33 Several traditions state that the majority of those who shall enter paradise will be the poor and that the rich will be held back. Another tradition put in the mouth of the Prophet says: ‘I looked into paradise and saw that most of its inhabitants were the poor.’34 A different tradition says: ‘It is by the blessing of the presence of the poor in the community that the people get support against their enemies and receive their provision.’ This section is closely interwoven with the livelihood of the Prophet and his family stating that Muhammad’s family did not have enough barley bread to satisfy them on two consecutive days up to the time when God’s Messenger was taken by death.35 According to another tradition, trade is considered a superior way of earning one’s livelihood. In a number of traditions hoarding wealth without recognizing the rights of the poor is threatened with the most severe punishment in the hereafter and is declared to be a main cause of social decay. Several traditions stress that one should not let a beggar (saÞil) go away empty handed, even if that means sending him away with naught but a cloven hoof (zilf ).36 III Ikhwan al‑SafaÞ is a pseudonym assumed by the authors of a well-known encyclopaedia of the philosophical sciences who described themselves as a group of ‘truth seekers.’ Members of a religio-political movement, they deliberately concealed their identity so that their treatises, entitled RasaÞil Ikhwan al‑SafaÞ wa Khullan al‑WafaÞ (Epistles of the Sincere Brethren and Faithful Friends), would gain wider circulation and appeal to a broad cross-section of society. The Ikhwan employ fables, parables, and allegories to illustrate and prove their doctrine while not revealing their identities; as a result, much of their system of belief remains hidden from the careless reader.37 The reason they give for hiding secrets from the people is not their fear of earthly rulers, but a desire to protect their God- given gifts. To support their contention they invoke Christ’s dictum not to squander wisdom by giving it to those unworthy of it.38 272 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 It should be stated at the outset that there is no separate treatment of wealth and poverty because the encyclopaedia was designed for various disciplines, such as the mathematical, physical and natural sciences in addition to the spiritual‑intellectual and juridical‑theological sciences. Hence, one should not expect any explicit expression either in approval or disapproval of those concepts. Moreover, one has to bear in mind that their doctrine, being oriented to Neoplatonism and Neo-Pythagoreanism, has an overwhelmingly ascetic tone. Thus, it assumes philosophical, spiritual, and ethical implications that one should exercise the body in the pursuit of not only a physical goal but also the will, the mind, and the soul to attain a more virtuous life or, in other words, a higher spiritual state. When asceticism is used in a religious context, it further implies a voluntary and sustained program of self-discipline and self-denial in which immediate, sensual or profane gratifications are denounced to attain higher spiritual aspirations.39 Therefore, the prophetic tradition that this world is a prison for the faithful and a paradise for the infidel is reiterated.40 Let us begin with some scattered remarks about the wealthy and the poor. In the eighth epistle ‘On the practical arts and their objectives’ ( fi al‑sanaÞiÝ al‑Ýamaliyyah wa al‑gharad minha) of the first group entitled ‘Mathematical‑Philosophical Sciences’, they classify people into three broad categories and state: Know, O my brother all people are either craftsmen, rich merchants, or poor. The craftsmen are those who work with their bodies and tools […] and their goal is to obtain compensation for their manufactured goods for the improvement of their living. The merchants conclude their bargains of purchase and sale while their goal is to seek more than what they invested in. The wealthy, on the other hand, control both the natural (resources) and manufactured goods and their goal in collecting and preserving those sources is their fear of (falling into) poverty, while the poor are those who are in need of those things and seek to improve their living.41 The above passage hardly reveals anything. In another epistle ‘On the explanation of characteristics and the reasons for their differences’ ( fi bayan al‑akhlaq wa asbab ikhtilafiha) they divide people into four classes 273 Wealth and Poverty Ismail Poonawala with respect to attaining happiness in this world and the next.42 The first category of people – happy in this world and the next – are those who were content with their lot in life and did good deeds, as the Almighty said: ‘Whatever good deed you send ahead for your own selves, you shall find it with God’ (Q 2:110). The second category of people – happy in this world but miserable in the hereafter – are those who had lot of wealth and, enjoyed their worldly life but were heedless of moral law (namus) as the Almighty said: ‘You have exhausted your [share of] good things in your worldly life, having enjoyed them [without any thought of the hereafter]: and so today you shall be requited with the suffering of humiliation for having gloried on earth in your arrogance’ (Q 46:20). The third category of people – miserable in this world but happy in the hereafter – are those who faced misfortunes, yet served their fellow beings and followed moral law. They are variously described in the QurÞan, for example God says: ‘Verily, they who are patient in adversity will be given their reward in full, beyond all reckoning!’ (Q 39:10) The fourth category of people – miserable in this world and the hereafter – are those who did not have good fortune in this world. Despite toiling all their lives they achieved no wealth. They also did not follow moral law, and thus they lost both worlds.43 In a section entitled ‘On the explanation of the animals’ complaint against the injustice of humans’ ( fi bayan shikayat al‑haywan min jawr al‑ins), the wealthy merchants, landlords and builders come under severe criticism from the parrot, the spokesperson of the animals.44 Refuting the boasts of the human spokesman, the parrot ripostes: As for your merchants, landlords, and builders you boast of, they’re nothing to brag about. They live lives lower than miserable slaves or helpless beggars. You see them all day long, distracted by putting up buildings they’ll never live in, planting crops they will not reap, gathering harvests they will not eat […]. Such a person gathers dirhams, dinars, and goods, too tight with his purse strings to spend on himself. Then he leaves it all to his wife’s (new) husband, his son’s wife, his daughter’s husband, or someone he’s never met during his life. You see them toiling for others, without repose until they die. Your merchants gather goods by fair means or foul. They 274 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 build shops and stores and fill them with goods, hoarding and crowding themselves, their neighbours and brethren. They deprive the poor, the orphaned, and the wretched of their rights, not spending what they’ve amassed in godly ways – until they lose it all in a fire or a flood, or by theft, or confiscation by a despotic government, or to highwaymen or the like. Then the merchant is left with his misery and grief, inflicted by his own hand. He has given no alms tax or charity, befriended no orphan, extended no kindness to the helpless. So he has no bonds of kinship or friendship to call on, and he is unready for resurrection and ill-prepared for the hereafter.45 There is a section entitled ‘On the description of the poor, miserable and misfortunate’ ( fi bayan al‑fuqaraÞ wa al‑masakin wa ahl al‑balwa) in the forty-second epistle of the third group entitled Spiritual‑Intellectual Sciences that deserves close scrutiny for their views on wealth and poverty.46 It is a short section of two and a half pages, and I would like to present its summary. They state: The above group of people (i.e. the poor, miserable, and misfortunate) is a blessing and an admonition to the wealthy and affluent. Those who enjoy this worldly affluence should know that God has not done any favour to them or rewarded them with riches [for any reason]. Nor did He recompense the poor for their deeds [as punishment]. Rather, reflect on the condition of the poor and unfortunate and help them. God says: ‘If you are grateful [to Me], I shall most certainly give you more and more; but if you are ungrateful, verily, My chastisement will be severe indeed!’ (Q 14:7) When those who are faithful and believe in the hereafter look at those poor and miserable people and ponder over their situation in this world, it should re-affirm their belief in the world to come and [let them] know that they [the poor and the miserable] will be rewarded for their sufferings and patience as God, the Most High, states: ‘Verily, they who are patient in adversity will be given their reward in full, beyond all reckoning!’ (Q 39:10) 275 Wealth and Poverty Ismail Poonawala Know well that this group (i.e. the poor, miserable, and misfortunate) possess many virtues ( fadaÞil), and there is a divine wisdom behind them hidden from the wise and the affluent. They are the ones who immediately responded to the call of the prophets, rather than the rich, because they are content with whatever little they possess. Again they are the ones who remember their Lord the most, the most honest in their invocations to God, and more tender at heart. I hope this will give the reader a glimpse of their views. There is another important but brief segment in the forty-fifth epistle entitled ‘On the manner of living together with the Sincere Brethren, cooperation with each other and earnestness for compassion and love in faith and worldly matters altogether’ ( fi kayfiyyat muÝashirat ikhwan al‑safaÞ wa taÝawun baÝ duhum maÝa baÝ d, wa sidq al‑shafaqah wa al‑mawaddah fi al‑din wa al‑dunya jamiÝan) in the fourth group called Juridical‑Theological Sciences wherein the issue of wealth and poverty is explicitly treated.47 Here, the (voluntary) members of the society of Sincere Brethren are ranked into three distinct categories: (i) those who are blessed with worldly affluence but not with knowledge; (ii) those who are bestowed with knowledge but not with wealth; and (iii) those who possess neither wealth nor learning but have excellent character and are righteous. How they should cooperate with each other in realizing their dream of a utopian state is an eye-opener that reveals how their views on the concepts of wealth and poverty are closely integrated with their philosophy. What follows is the summary. As for those of our brethren who are provided with wealth but not with knowledge, they ought to seek a brother who is bestowed with knowledge, embrace him and share with him his worldly possessions. The latter must give the former the benefit of his knowledge. Both should assist one another to improve their lots in this world and the hereafter. The one with worldly goods ought not to oblige the other and not despise him on account of his own poverty, since wealth is nothing but a physical acquisition that lasts its [determined] physical life cycle on this earth. Knowledge, on the other hand is a spiritual asset that will count in the afterlife. The essence 276 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 of the soul is better than the essence of the body. In the same way spiritual life is superior to physical life because the latter is temporary, limited for a period after which it is cut off and vanishes, whereas the former survives forever as God states: ‘And neither shall they taste death there after having passed through their erstwhile death.’ (Q 44:56) The brother who is bestowed with knowledge also ought not to envy the brother with wealth and ought not despise him for his ignorance. He should not brag about his learning and seek not any recompense [for imparting his knowledge]. Both of them, in their cooperation with each other, are like the hand and foot attached to a body, hence they should assist one another for their own benefit. If the hands assist in removing a thorn from the feet, they should not expect any reward from the feet and vice versa. The Sincere Brethren should assist each other for the betterment of this world and the next. The mutual support of the wealthy and the learned is similar to the fate of two fellow travellers in a vast desert. One of them is endowed with acute eyesight, knowledge about the tracks and winding paths and carries heavy provisions, but due to his weak body is unable to carry a heavy burden. The other is blind and, has a strong body but is without any provisions for the long winding road. Hence, the one with eyesight takes the hand of the blind one and leads him, while the latter lightens the burden of the former and takes it on his shoulders. Both help each other with that task. Thus, they would be able to cross the desert and save themselves [from destruction]. None should boast about assisting the other or rescuing him from ruin. As for the one bestowed with learning but not with [worldly] fortune who does not find anyone to help him out, he ought to be patient and wait for the relief that God has promised his friends (awliyaÞ) when He says: ‘And unto everyone who is conscious of God, 48 He [always] grants a way out [of unhappiness], and provides for him in a manner beyond all 277 Wealth and Poverty Ismail Poonawala expectations’ (Q 65:2-3). He also says: ‘And for everyone who is conscious of God, He grants ease out of his situation’ (Q 65:4). He should, therefore, be content to know that it is better to be endowed with learning rather than affluence. As for our Brethren who possess neither worldly goods nor learning but are endowed with a chaste soul, sound intellect without corrupt fancies [and instincts], praiseworthy character, and love for good and virtuous people, they ought to be content with what God has apportioned them with their lot [in this world]. They should not regret the denial of either affluence or learning because most of the time those two categories of people [the wealthy and the learned] lack the qualities our Brethren possess. Because we often find learned thinkers compose books about refinement of character while they themselves lack rectitude. On the other hand, one finds people who are not very learned that are righteous. Thus, it is obvious that being virtuous is a divine gift. The Prophet was extolled in the QurÞan for his praise-worthy character.49 Rectitude is the innate quality of the angels and the inhabitants of paradise. The QurÞan states: ‘God save us! This is no mortal man! This is naught but a noble angel!’ (Q 12:31) It is only the people with deviated dispositions, devilish characters, and inhabitants of the inferno that envy each other as the QurÞan states: ‘[And] every time a host enters [the fire], it will curse its fellow-hosts – so much so that, when they all shall have passed into it, one after another, the last of them will speak [thus] of the first of them: ‘O our Sustainer! It is they who have led us astray: give them, therefore, double suffering through fire!’ He will reply: ‘Every one of you deserves double suffering – but you know it not.’ (Q 7:38)50 Conclusion In his admirable study entitled ‘Definitions of Poverty’, M. Bonner explored various definitions of the urban poor in legal and literary sources. In his search for the early Muslim poor, he scrutinized the 278 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 event known as ‘The Siege of Baghdad’, i.e. the civil war between the two brothers al‑Amin and al‑MaÞmun which occurred in 196-98/812-13. By analysing certain terms, used for wretches, beggars, vagabonds, riffraff, thieves, rogues, scoundrel, common folk, jailbirds, and people of the market – often called al‑Ýurat (the naked) by the historian al‑MasÝudi (d. 345/956)51 – he arrived at the conclusion that there were two competing views of poverty during the first centuries of Islam: the radical and the conservative. The former reflects the structure of the early conquest polity: a society of warriors, kept apart and insulated from the conquered population which feeds them. The ‘naked warriors’ (al‑Ýurat) described by the historian al‑MasÝudi, were the urban poor of Baghdad who supported al‑Amin, and lost their cause with the latter’s defeat. The conservative view, on the other hand, suggests a different concept of poverty: maintaining social peace in a world characterized by inequality.52 As stated earlier, the QurÞan advises its readers not to challenge inequalities among men concerning God’s bounty (wealth) but to encourage the rich for charity to alleviate poverty and misery.53 The views of the Ikhwan examined above therefore indicate that despite their revolutionary zeal toward the prevailing religio-political authorities, they can be classified as conservative and conforming with the teachings of the QurÞan and the Sunnah of the Prophet and maintaining a proper balance between the rich and the poor segments of society according to the dictates of the QurÞan and the teachings of their imams as well as for various other reasons.54 First, the Epistles were composed by a group of urban scholars closely associated with the IsmaÝili movement.55 Second, their doctrines, i.e. the philosophical structure and the cosmology of their system, are derived from Neoplatonism and Neo- Pythagoreanism. Eclectic in nature, this system draws on various faiths and philosophies, with a strong undercurrent of rationalism. Hence, they are heavily inclined to maintain a balance between excessive wealth and dire poverty. Their emphasis is directed toward unworldliness, what is described as asceticism (al‑zuhd fi al‑dunya and not al‑zuhd Ýan al‑dunya),56 and attaining happiness in the hereafter.57 Third, the Ikhwan describe themselves as ‘People of justice and scions of those who extol God and the people who possess the truth and real meaning [of things] concerning the cleansing of the soul and refinement of character in order to attain the ultimate happiness, the highest loftiness, everlasting life and final perfection.’58 Finally, the sub-title/phrase ‘on the cleansing 279 Wealth and Poverty Ismail Poonawala of the soul and refinement of character in order to attain the ultimate happiness, the highest loftiness, everlasting life, and the final perfection’ is repeated in the title of each and every Epistle in several manuscript traditions.59 In conclusion it should be stated that the Epistles present the QurÞanic teachings of socio-economic justice and communitarian values with renewed dynamism, but at the same time equally stressing spiritual inwardness.60 It is quite possible that they spearheaded the pre-Fatimid intellectual movement as suggested by Abbas Hamdani.61 Notes 1 I would like to thank my research assistant Thomas Levi Thompson for carefully reading the final version and making valuable comments and suggestions. 2 Wealth is defined here as large possessions, and an abundance of things that are objects of human desire, while poverty is defined as lack or relative lack of money or material possessions. 3 For recent information see Ismail K. Poonawala, ‘Why We Need an Arabic Critical Edition with an Annotated English Translation of the RasÁÞil IkhwÁn al‑ÑafÁÞ’, in The IkhwÁn al‑ÑafÁÞ and their RasÁÞil: An Introduction, ed. Nader El-Bizri (Oxford: Oxford University Press, 2008), 33-57. The authorship and dating of the RasaÞil is a vexed issue and beyond the scope of this paper. Unfortunately, it was totally ignored by Nader El- Bizri in his introductory volume mentioned above. In the Introduction to Epistle 34, I have indicated that that it is high time to put aside the thesis put forth by S. M. Stern and supported by W. Madelung that the authors of the RasaÞil were the Qaramitah and that the Epistles were composed around the middle of the fourth/tenth century. See Ismail K. Poonawala, ‘Introduction to Epistle 34’, in Epistles of the Brethren of Purity: Sciences of the Soul and Intellect, Part I, An Arabic Critical Edition and English Translation of Epistles 32-36 (Oxford: Oxford University Press in association with The Institute of Ismaili Studies, 2015), 67; Ismail K. Poonawala, ‘The RasaÞil Ikhwan al‑SafaÞ and Westen Scholarship: A Critical evaluation of S. M. Stern and W. Madelung’s contributions’, paper presented at the conference on ‘ShiÝi Studies: Past and Present’, 9 May 2015, organized by the Islamic College, London. Papers to be published by the Journal of ShiÝa Islamic Studies. 4 See note 8 below. 5 The general statement of the QurÞan about other religions is found in two places, Q 2:62 and Q 5:69. It states: ‘Those who believe and those who are Jews and the Christians and the SabiÝun – those who believe in God and the Last Day and act righteously – Their reward is with their Lord, and no fear will be upon them nor will they grieve.’ The QurÞan, translated into English by Alan Jones (London: Gibb Memorial Trust, 2007), 31, 121. Prophecy, according to the QurÞan, is the means whereby God offers guidance to human beings through human intermediaries. The QurÞan insists in three places (2:136, 285; 3:84) that Muslims should not differentiate among the prophets 280 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 of God. It states: ‘Say [O Prophet], “We believe in God and what was revealed to us and in what was revealed to Abraham, Isaac, Ishmael, Jacob and the tribes, and in what was given to Moses and Jesus and in what was given to the prophets from their Lord. We make no distinction between any of them. We surrender to Him.”’ The QurÞan, 40, 63, 73-74. See also Sachiko Murata & W. Chittick, The Vision of Islam (New York: Paragon House, 1994), 164-75; Ismail Poonawala, ‘Humanism in IsmÁÝÐlÐ Thought: The Case of the RasÁÞil IkhwÁn al‑ÑafÁÞ (The Epistles of the Sincere Brethren and Faithful Friends)’, in M. Morony (ed.), Universality in Islamic Thought: Rationalism, Science and Religious Belief (London: I. B. Tauris, 2014), 65-144. 6 Winston Davis, ‘Wealth’, in Encyclopedia of Religion XIV, ed. Lindsay Jones, 2nd ed. (Detroit: Macmillan, 2005), 9707-9710. 7 Ibid. 8 Ibid. 9 Michael Bonner, ‘Definitions of Poverty and the Rise of the Muslim Urban Poor’, in Journal of the Royal Asiatic Society VI (1996), 335-44; Michael Bonner, ‘Poverty and Charity in the Rise of Islam’, in Poverty and Charity in Middle Eastern Contexts, ed. M. Bonner et al. (Albany: State University of New York Press, 2003), 13-30. It should be noted that one cannot apply the modern tools developed to measure poverty indicators, because poverty manifests itself in different kinds of deprivation, such as lack of food, shelter, sanitation, schooling, health care, and so on. 10 Rosemary Rader, ‘Poverty’, in Encyclopedia of Religion XI, ed. Mircea Eliage, 1st ed. (New York: Macmillan, 1987), 466-67. 11 Adam Sabra, Poverty and Charity in Medieval Islam: Mamluk Egypt, 1250-1517 (Cambridge: Cambridge University Press, 2000), 3-4. He states that on the one hand, the poor were despised and even feared by the upper classes [rich], though, on the other hand, they were thought to hold a spiritual status, and one who gave them alms could expect to be rewarded for his actions. It is worth noting here that Mustafa Sadiq al‑RafiÝi, an Egyptian author, composed his book entitled Kitab al‑Masakin (The Destitute) around the early twentieth century. Al‑RafiÝi chose the format of classical genre of al‑Maqamat for his work of reflection on poverty. It has become a masterpiece of modern Arabic literature and is admirably rendered into English by Yusuf Talat DeLorenzo as The Destitute (London: Huma Press, 2013). For maqamat see, A. F. L. Beeston, ‘Al‑HamadhÁnÐ, al‑ÍarÐrÐ and the maqÁmÁt genre’, in The Cambridge History of Arabic Literature: ÝAbbasid Belles-Lettres, ed. Julia Ashtiany et al. (Cambridge: Cambridge University Press, 1990), 125-35; C. Brockelmann & Ch. Pellat, ‘Maþama’, in Encyclopaedia of Islam VI, 2nd ed., 107-15. The gist of The Destitute can be summed up in the words of the author himself who states: ‘A rich man who withholds his wealth from the poor may increase it, even virtually, by the amount that he withholds […] a few dirhams and a few dinars. But, in doing so, he increases the estrangement of his conscience by his ruthlessness and by his disregard of moral excellence. In this way he will continue until a day comes on which his conscience will lose all of its fine sensibilities and, with them, its self-contentment which is the most approximate of all meanings to true happiness!’ (The Destitute, 94-95) 12 It should be indicated in this regard that Patricia Crone’s Meccan Trade and the Rise of Islam (Princeton: Princeton University Press, 1987) was a devastating critique of Watt’s 281 Wealth and Poverty Ismail Poonawala thesis as she argued that Mecca was never the hub for trade that modern scholars have depicted. In his thesis entitled The Commercial‑Theological Terms in the Koran (Leiden, 1892), for a German doctorate, C. C. Torrey argued that the QurÞan was first addressed to people engaged in commerce is reflected in its language and ideas. He therefore came to the conclusion that the commercial‑theological terms were used to express fundamental points of doctrine and not simply as illustrative metaphors. In his Introduction to the QurÞan, R. Bell also states that the merchants of Mecca had gained a monopolistic control of the trade passing up and down the western coastal fringe of Arabia to the Mediterranean. See W. Montgomery Watt, Bell’s Introduction to the QurÞan, completely revised and enlarged (Edinburgh: At the University Press, 1970), 304; Simon Robert, Meccan Trade and Islam: Problems of Origins and Structure (Budapest: Akadémai Kiadó, 1989). In his Merchant Capital and Islam (Austin: University of Texas Press, 1990), Mahmood Ibrahim traces the roots of capitalism from the emergence of merchants as the main force in Mecca from pre-Islamic days through the eruption of the first civil war (656-61 ce) in Islam. He argues that the rise of merchant capital in Mecca conditioned the development of Meccan social, economic, religious, and political structures. He further contends that Islam contributed certain institutional beliefs and practices that unclogged obstacles and helped merchants gain political and economic hegemony. For more details on Crone’s critique see M. Bonner, ‘Poverty and Charity in the Rise of Islam’, 16-18. 13 QurÞanic revelations came to the Prophet gradually over a period of twenty-three years. The QurÞan is divided into 114 surahs and those surahs are classified as Meccan or Medinan depending as to where they were revealed. In the Meccan period, the QurÞan was concerned mainly with the basic beliefs in Islam – the unity of God, the prophethood of Muhammad, and the Resurrection and Final Judgement – and these themes are reiterated again and again. The Qur’an: A New Translation, trans. M. Abdel Haleem (Oxford: Oxford University Press, 2004), xvii. 14 Both the words zakat and sadaqah are used in the QurÞan. Zakat is frequently paired with salat (prayers), and, contrary to sadaqah, it is used only in the singular and has no denominative verb corresponding to its sense of giving alms. Sadaqah has broader connotations than zakat and is used in the QurÞan for both voluntary and obligatory alms. Sadaqah, as voluntary alms giving, was practiced in Mecca, while zakat was instituted in Medina. For more details see A. Zysow, ‘ZakÁt’, in Encyclopaedia of Islam, 2nd ed.; T. H. A. Weir & A. Zysow, ‘Ñadaþa’, in Encyclopaedia of Islam, 2nd ed. 15 All translations of the QurÞan, unless otherwise stated, are by Muhammad Asad, The Message of the QurÞan: Translated and Explained. The full account of the revealed Arabic text accompanied by parallel transliteration (Bristol: The Book Foundation, 2003). 16 It is referred to in Q 2:275-78; 3:130; 4:161; J. Schacht, ‘RibÁ’, in Encyclopaedia of Islam, 2nd ed. 17 al‑Tabrizi, Mishkat al‑Masabih II, ed. Muhammad Nasir al‑Din al‑Albani (Damascus: al‑Maktab al‑Islami, 1961), 92-103; al‑Tabrizi, Mishkat al‑Masabih I, trans. James Robson (Lahore: Sh. Muhammad Ashraf, 1975), 607-13 (Chap. V, Business Transactions which are Forbidden). 18 The term maÝun comprises the many small items needed for one’s daily use, as well as the occasional acts of kindness consisting in helping out one’s fellow-man with such 282 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 items. In its wider sense, it denotes ‘aid’ or ‘assistance’ in any difficulty. Muhammad Asad, The Message of the QurÞÁn, 1118, n. 4. See also Ibn Manzur, Lisan al‑ÝArab (Cairo: Dar al‑MaÝarif, n.d.), s.v. m-Ý-n. 19 Al‑Takathur has been translated variously by the QurÞan translators, such as ‘Rivalry in Worldly Increase’, by M. Pickthall (London: George Allen & Unwin Ltd., 1969, fifth impression), 666; ‘Piling Up’, by A. Yusuf Ali, The Holy QurÞan, Text, Translation and Commentary (Washington, D.C.: The Islamic Center, n.d.), 1780; ‘Emulation’, by R. Bell, in The QurÞan, Translated, with a critical re-arrangement of the Surahs II, reprint (Edinburgh: T. & T. Clark, 1060), 675; ‘Rivalry’, by A. Arberry, The Koran Interpreted II (New York: Simon & Schuster, 1996 - First Touchstone Edition), 348; ‘Die Sucht mehr zu haben’, R. Paret, Der Koran, Übersetzung (Stuttgart: W. Kohlhammer Verlag, 1962), 517; ‘La Rivalité’, by R. Blachère, Le Coran (Paris: G.P. Maisonneuve & Larose, 1966), 663; ‘Rivalry in Worldly Gain’, by A. Jones, The QurÞan (London: Gibb Memorial Trust, 2007), 586; ‘Worldly Gain’, by Shaykh M. al‑Ghazali, A Thematic commentary on the QurÞan, trans. Ashur Shamis & revised by Zaynab Alawiye (The International Institute of Islamic Thought, 2nd printing, 2005), 749. 20 I have preferred this translation of the phrase fakk raqabah by Asad, The Message of the QurÞan, 1088, n. 7. 21 For example it states in Surat al‑Mutaffifin (Those who give short measure): ‘Woe unto those who give short measure; those who, when they are to receive their due from [other] people, demand that it be given in full – but when they have to measure or weigh whatever they owe to others, give less than what is due!’ (Q 83:1-3). 22 For example in Surat al‑NisaÞ it states: ‘Hence, do not covet the bounties which God has bestowed more abundantly on some of you than on others’ (Q 4:32). The context clearly indicates that differences of wealth are meant in this verse. In Surat al‑Nahl, it states: ‘And on some of you God has bestowed more abundant means of sustenance than on others: and yet, they who are more abundantly favoured are [often] unwilling to share their sustenance with those whom their right hands possess […]’ (Q 16:71). In Surat al‑IsraÞ, it states: ‘Behold how We bestow [on earth] more bounty on some of them than on others: but [remember that] the life to come will be far higher in degree and far greater in merit and bounty’ (Q 17:21). 23 Maxime Rodinson, Islam et capitalisme (Paris: E´dition du Seuil, 1966), 29 ff. (chapitre II, ‘Le Coran et la Sonna’), English trans. Islam and Capitalism, trans. Brian Pearce (Austin: University of Texas Press, 1981), 12 ff. 24 It should be stated in all modesty that the traditions cited here are merely illustrations of a much wider Islamic literature; hence its comprehensive survey is beyond the bounds of this humble essay. 25 Those traditions are transmitted by Bukhari and Muslim, see al‑Tabrizi, Mishkat al‑Masabih I, 22; English trans. James Robson, Mishkat al‑Masabih I, 17. 26 al‑Tabrizi, Mishkat al‑Masabih I, 557-60, 563; English trans. James Robson, Mishkat al‑Masabih I, 371-73, 376; most of the traditions are transmitted by Bukhari and Muslim. Those who are entitled to receive zakat fall into eight classes, enumerated in Q 9:60 (it should be noted that the term used in the QurÞan is sadaqah). For further discussion, especially about the modern period, see A. Zysow, ‘ZakÁt’, in Encyclopaedia of Islam, 2nd ed.; Timur Kuran, ‘Islamic redistribution through Zakat: Historical record and modern 283 Wealth and Poverty Ismail Poonawala realities’, in M. Bonner et al. (eds.), Poverty and Charity in Middle Eastern Contexts, 275-93. 27 al‑Tabrizi, Mishkat al‑Masabih I, 578-84; English trans. James Robson, Mishkat al‑Masabih I, 389-93. 28 al‑Tabrizi, Mishkat al‑Masabih I, 578; English trans. James Robson, Mishkat al‑Masabih I, 389; transmitted by Muslim. 29 al‑Tabrizi, Mishkat al‑Masabih I, 581; English trans. James Robson, Mishkat al‑Masabih I, 391; transmitted by Tirmidhi. 30 al‑Tabrizi, Mishkat al‑Masabih I, 585-93; English trans. James Robson, Mishkat al‑Masabih I, 394-401; transmitted by Bukhari, Muslim and others. 31 al‑Tabrizi, Mishkat al‑Masabih I, 594; English trans. James Robson, Mishkat al‑Masabih I, 402. 32 al‑Tabrizi, Mishkat al‑Masabih I, 595; English trans. James Robson, Mishkat al‑Masabih I, 403. 33 al‑Tabrizi, Mishkat al‑Masabih II, 648; English trans. James Robson, Mishkat al‑Masabih II, 1071; transmitted by Tirmidhi. For variant versions of this traditions see A. J. Wensinck et al., ‘ f-q-r’, in Concordances de la Tradition Musulmane (Leiden: E. J. Brill, 1967). 34 al‑Tabrizi, Mishkat al‑Masabih II, 663; English trans. James Robson, Mishkat al‑Masabih II, 1085; transmitted by Bukhari and Muslim. The second half of this tradition states: ‘And I looked into hell and saw that most of its inhabitants were women.’ The question of the authenticity of the Islamic sources and especially that of the traditions remains. For a discussion of this question see James Robson, ‘ÍadÐth’, in Encyclopaedia of Islam, 2nd ed.; and Jonathan Brown, Hadith: Muhammad’s Legacy in the Medieval and Modern World (Oxford: Oneworld, 2009). 35 al‑Tabrizi, Mishkat al‑Masabih II, 664; English trans. James Robson, Mishkat al‑Masabih II, 1086; transmitted by both by Bukhari and Muslim. 36 It reads: Ruddu al‑saÞil wa law bi-zilfin muhraqin. See Wensinck, Concordance, s.v. s-Þ-l/sÁÞil and Û-l-f. 37 For a brief introduction to the subject see Ismail Poonawala, ‘IkhwÁn al‑ÑafÁÞ’, in Encyclopedia of Religion, 2nd ed.; Y. Marquet, ‘IkhwÁn al‑ÑafÁÞ’, in Encyclopaedia of Islam, 2nd ed. 38 RasaÞil Ikhwan al‑SafaÞ wa-Khullan al‑WafaÞ IV (Beirut: Dar Bayrut wa Dar Sadir, 1957), 166. I have relied on the Beirut edition because the critical edition of the Arabic text and annotated English translation undertaken by the Oxford University Press in association with the Institute of Ismaili Studies is in the process of publication. The Epistles used for this article are yet to be published. The question of the authorship and dating of this encyclopaedia is beyond the scope of this study, and I intend to treat it elsewhere. 39 It is obvious in almost all the epistles; for example see the section ‘On greed and asceticism and the categories of people’, or another ‘On the damages caused by over indulgence in eating and the traits of ascetics’, RasaÞil Ikhwan al‑SafaÞ I, 356-561. Some manuscript copies repeat the expression: ‘On the cleansing of the soul and the refinement of the character’, following the title of each epistle. See Ismail Poonawala, ‘Why We Need An Arabic Critical Edition’, 47. 284 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 40 RasaÞil Ikhwan al‑SafaÞ III, 304. The ShiÝi-IsmaÝili character of the RasaÞil is no longer in dispute. See Y. Marquet, La philosophie des IÌwÁn al‑ÑafÁÞ (Paris: S.E´.H.A.,1999), 7-37; his views on the authorship of the RasaÞil are summarized in the article Ikhwan al‑SafaÞ (EI); Husain al‑Hamdani, ‘RasaÞil Ikhwan as-Safa in the literature of the IsmaÝili Taiyibi DaÝwat’, in Der Islam XX (1932), 281-300; Abbas Hamdani, ‘An early FaÔimid source on the time and authorship of the RasaÞil IÌwan al‑SafaÞ’, in Arabica XVI (1979), 62-75. 41 RasaÞil Ikhwan al‑SafaÞ I, 285-86. 42 It is the ninth epistle in group one entitled Mathematical‑Philosophical Sciences. See ibid. I, 331ff. 43 RasaÞil Ikhwan al‑SafaÞ I, 331-32. 44 It is the twenty-second epistle of the second group entitled Physical and Natural Sciences. 45 The Case of the Animals versus Man Before the King of the Jinn, An Arabic Critical Edition and English Translation of Epistle 22, ed. and trans. Lenn E. Goodman & Richard McGregor (Oxford: Oxford University Press in association with the Institute of Ismaili Studies, 2009), Arabic pagination, 249-50; English pagination, 290-91. The Case of the Animals versus Man is an allegorical story in which the animals complain to the just king of the jinn about the cruel treatment meted out to them by human beings. In the course of the debate, the animals refute humanity’s claim of superiority over them by denouncing the rampant injustice and immorality of human society. This fable is a good example of the Ikhwan’s socio-political criticism of Muslim society that avoids offending anyone’s sensibilities. The most severe criticism in this allegorical story is levelled against the wealthy who go on amassing fortunes without caring for the needy, against the privileged, and against the ruling classes. Even the religious figures and their establishments are not spared from the Ikhwan’s scathing criticism for not looking after the worldly and heavenly welfare of their communities. The story enjoyed wide popularity among the masses and was translated into Hebrew during the fourteenth century. It was also rendered into Urdu (also called Hindustani) by Mawlavi Ikram ÝAli and published in 1810 in Calcutta, India. Two years later, in 1812, Shaykh Ahmad ibn Muhammad Shurwan al‑Yamani published the same fragment of the fable in its original Arabic. It is worth noting that modern interest in this celebrated encyclopaedia began soon thereafter. The fascinating story of modern scholarship concerning the RasaÞil is narrated by Ismail Poonawala in his unpublished paper, ‘Medieval polemics in modern garb, RasÁÞil IkhwÁn al‑ÑafÁÞ in modern scholarship: A critical review of two centuries of research.’ 46 RasaÞil Ikhwan al‑SafaÞ III, 429-32. 47 Ibid. IV, 41-60; however, the summary is from pp. 54 to 56. 48 The Arabic reads: man yattaqi Allah, lit. meaning ‘whoever fears God’. 49 Q 68:4. Asad renders khuluq ‘a sublime way of life.’ 50 Although Abu Sulayman al‑Mantiqi al‑Sijistani (d. c. 375/985 or later) was renowned for his learning he lived a life of poverty. He has a brief but beautiful piece entitled La yajtamiÝu al‑rizq wa al‑hikmah maÝan (livelihood and wisdom never get together) wherein he states that wealth and knowledge are like two [rival] wives [of a plural marriage], 285 Wealth and Poverty Ismail Poonawala hence they cannot be close together. al‑Sijistani, Siwan al‑Hikmah, ed. ÝAbd al‑Rahman Badawi (Tehran: Bunyad-i Farhang-i Irani, 1974), 71. 51 Al‑MasÝudi, Muruj al‑Dhahab wa-MaÝadin al‑Jawhahir IV, ed. B. de Meynard, et al. and corrected by Charles Pellat (Beirut: Publications de l’Université Libanaise, 1973), 279, 281ff. 52 M. Bonner, ‘Definitions of Poverty and the Rise of the Muslim Urban Poor.’ 53 See n. 21 above. 54 Their overt or covert revolutionary attitude toward the prevailing religio-politcal authorities in the Muslim world is obvious throughout the whole encyclopaedia, see for example vol. 4, p.18 ff., 186 ff. 55 Ismail K. Poonawala, ‘Ikhwan al‑SafaÞ’, in Encyclopedia of Religion, 2nd ed., 4375- 4377. According to their own statement they had followers among various classes of Muslim society, such as the offspring of the kings, amirs, viziers, bureaucrats and secretaries, craftsmen, nobility, landlords, merchants, farmers, scholars, jurists, etc. RasaÞil Ikhwan al‑SafaÞ IV, 165, 188. 56 Zuhd fi al‑dunya means to renounce pleasure in worldly things, to become an ascetic, or to lead a pious ascetic life, whereas zuhd Ýan al‑dunya means to renounce, abandon, forsake, shun, or to be not desirous of it. E. Lane, Arabic-English Lexicon (London: Williams and Norgate, 1863-93, reprint, The Islamic Text Society, 1984), s.v. z-h-d. In the ninth epistle of the first group entitled ‘Mathematical‑Philosophical Sciences’, the Ikhwan define zuhd fi al‑dunya as follows (RasaÞil Ikhwan al‑SafaÞ I, vol. 1, pp. 357-58): inna al‑zuhd fi al‑dunya innama huwa tark fudul mataÝ al‑hayat al‑dunya, wa tark talab shahawatiha, wa al‑rida bi al‑qalil wa al‑qanaÝah bi al‑yasir min alladhi la budda minhu. Wa hadhihi khislatun tatbiÝuha khisalun kathiratun min mahasin al‑akhlaq wa fadaÞil al‑aÝmal wa jamil al‑af Ýal. wa didd al‑zuhd huwa al‑raghbah fi al‑dunya wa al‑hirs fi talab shahawatiha wa hiya khislah tatbi‘uha akhlaq radi’ah wa af Ýal qabihah wa aÝmal sayyiÞah. There are a few traditions about zuhd fi al‑dunya, see A. J. Wensinck, Concordance et Indices de la Tradition Musulmane (Leiden: E.J. Brill, 1992), s.v. z-h-d. The Ikhwan’s otherworldliness is reflected in their stories about Socrates, Christ, and Husayn; see RasaÞil Ikhwan al‑SafaÞ IV, 28ff. 57 They state innumerable times that the definition of philosophy consists that the human beings through learning and character building imitate the deity to the extent that human faculties allow. In Arabic it reads: al‑falsafah hiya al‑tashabbuh bi-al‑ilah bi- hasb al‑taqah al‑insaniyyah, aw qil: inna al‑hikmah hiya al‑tashabbuh bi-al‑ilah bi-hasab taqat al‑bashar. For example see, RasaÞil Ikhwan al‑SafaÞ I, 225, 290, 399, 427; II, 10; III, 30, 93, 143. 58 This is how the Ikhwan describe themselves at the end of the table of contents in the Bombay edition. It states: tammat fihrist rasaÞil ikhwan al‑safaÞ wa khullan al‑wafaÞ wa ahl al‑Ýadl wa abnaÞ al‑hamd wa arbab al‑haqaÞiq wa ashab al‑maÝani fi tahdhib al‑nufus wa islah al‑akhlaq li al‑bulugh ila al‑saÝadah al‑kubra wa al‑jalalah al‑uzma wa al‑baqaÞ al‑daÞim wa al‑kamal al‑akhir. RasaÞil Ikhwan al‑SafaÞ I (Bombay, 1305-1306/1887-1889), 20. See also Ismail K. Poonawala, ‘Why We Need an Arabic Critical Edition’, 44. 59 Ismail K. Poonawala, ‘Why We Need an Arabic Critical Edition’, 47. ÝAtif MS, the oldest extant complete copy, adds after each title ‘ fi tahdhib al‑nafs wa islah al‑akhlaq 286 Journal of Shi‘a Islamic Studies Summer 2015 ∙ Vol. VIII ∙ No. 3 min kalam al‑sufiyyah’. A number of other manuscript traditions add fi tahdhib al‑nafs wa ishlah al‑akhlaq at the end of each epistle’s title. 60 This subject could be pursued further with respect to some major Sunni thinkers and I suspect that in this respect their views would be quite similar to the Ikhwan. Two modern thinkers come to mind. The first is Sayyid Qutb (d. 1966) whose al‑ÝAdalah al‑IjtimaÝiyyah fi al‑Islam (Social Justice in Islam) demonstrates the relevance of Islam to concrete socioeconomic problems of today. The second is Muhammad Baqir al‑Sadr (d. 1980) whose Iqtisaduna (Our Economics) probably remains the most scholarly study of Islamic economics as an alternative ideological system to capitalism and communism. 61 Abbas Hamdani, ‘An early FaÔimid source on the times and authorship of the RasaÞil Ikhwan al‑SafaÞ’, in Arabica XXVI, 62-65. He has several other articles supporting his thesis that are not cited here as it is beyond the scope of this paper. However, I have indicated elsewhere that it is high time to put aside the thesis put forth by S. M. Stern and supported by W. Madelung that the authors of the RasaÞil were the Qaramitah and that the Epistles were composed around the middle of the fourth/tenth century. The above proposition was first suggested by Abu Hayyan al‑Tawhidi (d. 414/1023) and resurrected by Stern. In his article ‘AbÙ ÍayyÁn al‑TawÎÐdÐ and the Brethren of Purity’, Abbas Hamdani (International Journal of Middle East Studies IX (1978), 345-53) refuted al‑Tawhidi’s assumptions and cast serious doubts about his story. Besides Abbas Hamdani, Y. Marquet has vigorously refuted their arguments piece by piece. Most recently, the Fatimid historian of repute Michael Brett has strongly argued against the thesis of Stern and Madelung on quite convincing grounds. See my Introduction to Epistle 34, p. 67 in Epistles of the Brethren of Purity, Sciences of the Soul and Intellect, Part I, An Arabic Critical Edition and English Translation of Epistles 32-36, ed. and trans. P. Walker, Ismail Poonawala, et al. (Oxford: Oxford University Press in association with the Institute of Ismaili Studies, 2015). 287
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