Abstract

Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O Abū ʿUmayr, what happened to the nughayr?) This study deals with the primary goal of the composition of the Fawāʾid, its content, and structural qualities as well as the author’s approach in deducing verdicts. As one of the aṣḥāb al-wujūh, the author’s legal/madhhab notion and the literalist and external perspective he developed regarding the interpretation of texts, seems to have directly affected his deductive reasoning and determined his approach. This concise work not only sheds light over certain aspects of the relationship between ḥadīth and fiqh at the time of Ibn al-Qāṣṣ, but also exemplifies to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. Summary: Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O Abū ʿUmayr, what happened to the nughayr?) The report of Abū ʿUmayr, which is in the focus of the work, is, in essence, reflects a singular and special aspect of the close relationship between the Prophet and Anas b. Malik’s family. Nevertheless, it is surprising that many ḥadīth scholars from the early times, not only Ibn al-Qāṣṣ, have chosen this ḥadīth as an example in which they can demonstrate their skill in the field of fiqh al- ḥadīth. Fawāʾid seems to be a work in which the juridical point of view centered and resembles the classical fiqh commentaries in a sense. In the work, different variants of the Abū ʿUmayr report were brought together and evaluated within the framework of the text and textual possibilities as possible. The author also analyzed some words in the narrative text for being a base for a verdict, referred to Qurʾānic verses, prophetic ḥadīths, reports, and legal opinions, tried to solve the disputes and the conflicts among legal evidences in various ways, and stated occasionally his personal opinions. Fawāʾid reflects the author’s rich accumulation of legal knowledge, while at the same time gives an idea about his knowledge of ḥadīth and his approach to the ḥadīth. Considering what the author did and wanted to do, it is understood that he deals with ḥadīth as well as fiqh, and he has a certain level of relationship not only with fuqahāʾ (muslim jurisprudents), but also with ḥadīth scholars. Ibn al-Qāṣṣ’s interest in fiqh and ḥadīth must have lead him to take initiative to eliminate the tension between the ahl al-ḥadīth of Shāfiʿī school of law who focused on transmitting ḥadīths and the fuqahāʾ of Shāfiʿī school of law who care about the fiqh perspective, in that period of time. It can also be said that he tried to establish a reconciliation between the ahl al-ḥadīth (the traditionists) and the ahl al-raʾy (the rationalists) and bring the parties together in the middle way. The work seems to have been written as a result of such considerations. As Ibn al-Qāṣṣ was considered as one of the aṣḥāb al-wujūh, that is, as a jurist who was bound of a madhhab Imām for legal reasoning, he seems to have followed the methodology of Shāfiʿī school of law for deriving legal solutions from the sources. Legal notion of the author and his literalist and textualist perspective with regards to the interpretation of texts, seems to have directly affected his way of reasoning from the ḥadīth and determined his approach. This approach, as mentioned in many contemporary studies, is not sufficient and appropriate for the evaluation of ḥadīth texts, which were transmitted by meaning, not word-by-word, and shaped by the transmitter’s dispositions. It is also difficult to say that Ibn al-Qāṣṣ sufficiently considered the physical, historical, social, and cultural context surrounding the text as well as other extra-textual elements, which complete the meaning. This situation implies that some of the wajhs recorded in the work are the author’s attempt to find a base and evidence for his ideas, which he already had, rather than deductions drawn from the ḥadīth. It makes the scientific quality and accuracy of his efforts controversial. The verdicts presented in the work, as wajh and fāʾida are predominantly jurisprudential and compatible with the opinions of the Shāfiʿī School of law, however, there are also controversial ones, and the author pointed to them without revealing his own tendency. It does not seem that these wajhs in the work are systematically ranked. In this vein, similar wajhs are sometimes in succession, sometimes scattered, and some wajhs are repetitive. The degree of accuracy, clarity and quality of some wajhs also seem arguable. Zayn al-Dīn al-ʿIrāqī (d. 806/1404), who made a general evaluation of these wajhs, said that: “Some of the (meanings of the) wajhs in the work are apparent, some of them are hidden and some are strained.” The work’s editor drew attention in the footnotes to the wajhs, which might be subject to objection. The early ḥadīth scholars, who reported this ḥadīth in their compilations, deduced six or seven judgments from the ḥadīth under the headings (bāb) specified for this ḥadīth. This appears quite modest in comparison to the treatise of Ibn al-Qāṣṣ. The given ḥadīth has also taken its place in the fiqh literature, and it has been questioned in the context of the issue of Madīna’s being of ḥarām region (holy land) and hunting ban in this region. In conclusion, Ibn al-Qāṣṣ’s treatise of Fawāʾid Ḥadīth Abī ʿUmayr, is a short but worthy example of the ḥadīth literature in terms of its purpose and interesting content. This work can be considered as a study that exemplifies how the purpose of writing can be determinative on the structure of a work, and in particular to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. The author’s universe of meaning, which focused on the apparent meaning and to draw as many judgments as possible from the text, should be related to his personal intention and purpose as well as to the fiqh perspective of his time. Due to the textual approach and the method for drawing inferences, which are observed in the work, the tool-purpose relationship between the text and the judgment sometimes remains obscure and sometimes becomes unimportant. In some respects, this work is a striking example of the consequences of ignoring the context and historical reality surrounding texts for specific purposes.