الحجة

Was There a Zaydī usūl al-fıqh? Searching for the Essence of Zaydī Legal Theory in the School’s First Complete Usūl Work: al-Natiq bi-l-Haqq’s (340-424/951-1033) “al-Mujzī fī usūl al-fıqh”

Author/s: Ahmet Temel

DOI: dx.doi.org/10.12658/human.society.6.11.M0142

Year: 2016 Vol: 6 Number: 1

Abstract

This paper examines a recently discovered and published text, al-Mujzī fī uşūl al-fiqh, which the Zaydīs have commonly labeled as their school’s first written work on uşūl al-fiqh. Written by al-Natiq bi-l-Haqq, who reportedly had close relationships with Mu‘tazīlī scholars, this book is important for tracing the essence of Zaydī legal theory and interrelation between the Zaydiyya and Mu‘tazila in the field of uşūl al-fiqh. I argue that this work represents and draws upon Mu‘tazīlī, as opposed to Zaydī, legal theory. A certain part of this text was published earlier with attribution to Abū al-Husayn al-Başrī as a section of his work Sharh al-‘umad. This attribution is also discussed within the paper. The paper consists of three main sec- tions: a brief biography of al-Natiq bi-l-Haqq and a list of his works, the attribution of the text and an outline of the structure and method in al-Mujzī, and an attempt to determine the text’s identity by examining the authoritative voices in it and its influence later Zaydī literature and by comparing certain cases to those existing in a Mu‘tazilī uşūl text (al-Mu‘tamad) and a Zaydī uşūl text (Safwat al-ikhtiyar).

@litera9
I have spent a very significant portion of my adult life immersed in that tough and tender dialogue known as psychotherapy, first as a patient and then as a therapist (and at times as a patient once more). Again and again I have felt that at last I really knew what I was doing. And again and again I have returned to the feeling that I don't know what the hell it is all about.... At first it seemed very strange to me that the readings that helped me the most to trust what went on in my work as a psychotherapist were tales of Wizards and Shamans, of Hasidic Rabbis, Desert Monks and Zen Masters. Not the materials of science and reason, but the stuff of poetry and myth instructed me best. So it was that I chose to write this book of metaphors.

THE VIRTUES OF MASJID AL WAS A
THE SACRED COMPOUND, AND WHAT SURROUNDS IT
JAMMAL DIWAN
@erfaneeslami1

THE VIRTUES OF MASJID AL WAS A
THE SACRED COMPOUND, AND WHAT SURROUNDS IT
JAMMAL DIWAN
@erfaneeslami1

A Refutation of the Ghālī Rawāfiḍh

By: The Star of the Ahl al-Bayt

al-Imām al-Qāsim b. ʾIbrāhīm b. ʾIsmāʿīl b. ʾIbrāhīm b. al-Ḥasan b. al-Ḥasan b. ʿAlī (upon them be peace) (169-246 AH)

{Rather, We dash the truth upon falsehood, and it destroys it, and thereupon it departs. And for you is destruction from that which you describe} [21:18].

این هم توضیحی درباره کتاب

Aron Zysow's 1984 PhD dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the fundamental assumptions of Islamic legal thought. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently, consensus has only a reduced role in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism.

یادداشتی در فیسبوک
Ali Imran

From Hassan Ansari's telegram channel (translation is mine) - I thought it was interesting:
—------—
Agha Muhaqqiq Damad has not realized that books that were written on the topic of Usul al-Fiqh did not mean that the author was a Faqih (jurist). During the time of Soharwardi, writing books on Usul was part and parcel of the scholarly activities of people of theology and philosophy (Ahl-e Kalam wa Falsafeh), and in fact books on logic, Ilahiyyat, Usul and Jadal were generally written in tandem.
—----------
He is critiquing Agha Damad's speech over here [[http://www.cgie.org.ir/fa/news/130316],](http://www.cgie.org.ir/fa/news/130316],) who claims Soharwardi was a jurist, by referring to his book التنقیح فی‌الاصول الفقه

ترجمه خلاصه ای از مقاله من درباره عدم اصالت کتاب اثبات الرجعه منسوب به فضل بن شاذان. آن را به اشاره ای در فیسبوک یافتم .
ITHBAT AL-RAJ’A OF FADHL BIN SHADHAN
Aal e Imran | May 9, 2016 | Tarajim & Rijal | No Comments
This is a translated summary of an article written by Hasan Ansari, called Huviyyat-e Waqa’iee-ye Kitab-e Ithbat al-Raj’a Mansub beh Fadhl bin Shadhan (Actual state of the book Ithbat al-Raj’a, as attributed to Fadhl bin Shadhan). The purpose is to merely provide another perspective on the book, and not necessarily for the readers/researchers to reach conclusions.
Narrations from a book by the name of Ithbat al-Raj’a, attributed to Fadhl bin Shadhan are found in the Mir Lawhi’s work Kifayah al-Muhtadhi fi Ma’rifah al-Mahdi (کفاية المهتدي في معرفة المهدي), a book written during the time of the Safavids. Furthermore, Hurr al-Amili seems to have taken some of these narrations from the works of Lawhi and called it Muntakhab Ithbat al-Raj’ah (منتخب اثبات الرجعة) published in the 15th issue of the magazine Turathuna. It has also been translated into English as The Return of al‐Mahdi by Sayyid Saeed Akhtar Rizvi.

This work is not mentioned in any other earlier works at all, and its narrations – minus a few – can’t be found in other books written by Fadhl bin Shadhan. So we do not know how this text ended up receiving the name Ithbat al-Raj’a. Even if one says that the name of Fadhl bin Shadhan exists in the manuscript itself, it does not suffice as proof, because the manuscript’s authenticity itself is not proven.

The actual book of Fadhl bin Shadhan by the name of Ithbat al-Raj’a was not a book of narrations, rather it was a theological work. Even if we assume the far-fetched view that this current book is his, then it wouldn’t have been called Ithbat al-Raj’a, rather Kitab al-Raj’a. Furthermore, most of the narrations (which we have at our disposal due to Mir Lawhi and Hurr al-‘Amili) have nothing to do with Raj’a as a concept. Perhaps it would have been better to call the book al-Ghaybah as that is what the narrations pertain to.

Besides the discussion on why it being named Ithbat al-Raj’a is flawed, the actual attribution to Ibn Shadhan is also incorrect. When one looks at the chains of narrations, we see that there are individuals in chains who came after Ibn Shadhan, or they were contemporaries, but younger than Ibn Shadhan. Two individuals that Ibn Shadhan quotes from in this book are Sahl ibn Ziyad and Muhammad bin Abi al-Sihban – both were younger contemporaries of him and we do not find Ibn Shadhan reporting from them in any other work at all. Furthermore, there are certain matters recorded in the book that refer to events that took place after the life of Imam Hasan al-‘Askari (s). Nevertheless, the name of Ibn Shadhan does exist on the manuscript (placed by someone) – a manuscript which was found by Wijada anyways.

Because we do not know how the original book was organized (since we only have a few narrations from it), we cannot comment much on what it was originally. Perhaps it was a book of narrations, which included both authentic and fabricated traditions, or with fabricated chains. It is possible that if it was fabricated, it may have been done by someone who lived much earlier.

All in all, only a handful of narrations that exist in the book, can be found in other earlier hadith books as well such as al-Ghaybah of Tusi. Some narrations can also be found in the works of Shaykh Saduq, but it seems that the main work relied on for the contents was Kifayah al-Athar of Khazaz al-Qummi – a post-Ghaybah work. There are also some traditions whose text is not in-line with vocabulary that is seen in the general hadith corpus.

For example, a tradition whose text is similar to the Ahd of Ardashir:

Was There a Zaydī usūl al-fıqh? Searching for the Essence of Zaydī Legal Theory in the School’s First Complete Usūl Work: al-Natiq bi-l-Haqq’s (340-424/951-1033) “al-Mujzī fī usūl al-fıqh”

Author/s: Ahmet Temel

DOI: dx.doi.org/10.12658/human.society.6.11.M0142

Year: 2016 Vol: 6 Number: 1

Abstract

This paper examines a recently discovered and published text, al-Mujzī fī uşūl al-fiqh, which the Zaydīs have commonly labeled as their school’s first written work on uşūl al-fiqh. Written by al-Natiq bi-l-Haqq, who reportedly had close relationships with Mu‘tazīlī scholars, this book is important for tracing the essence of Zaydī legal theory and interrelation between the Zaydiyya and Mu‘tazila in the field of uşūl al-fiqh. I argue that this work represents and draws upon Mu‘tazīlī, as opposed to Zaydī, legal theory. A certain part of this text was published earlier with attribution to Abū al-Husayn al-Başrī as a section of his work Sharh al-‘umad. This attribution is also discussed within the paper. The paper consists of three main sec- tions: a brief biography of al-Natiq bi-l-Haqq and a list of his works, the attribution of the text and an outline of the structure and method in al-Mujzī, and an attempt to determine the text’s identity by examining the authoritative voices in it and its influence later Zaydī literature and by comparing certain cases to those existing in a Mu‘tazilī uşūl text (al-Mu‘tamad) and a Zaydī uşūl text (Safwat al-ikhtiyar).

✔️Ayatollah Fadlullah:

⭕️"Keeping to emotions, but separated from reason, may lead to repeating the tragedy that Imam al- Hussein (a.s.) experienced!

🔹His tragedy did not stem from a lack of emotions amongst the Muslims towards him, for their hearts were beating with love for him, but it was a blind, superficial love that did not stem from a depth of knowledge, will and suffering; therefore when they found themselves facing the sacrifice of their interests, possessions or desires, love went away and interest and possessions had the upper hand. Al-Farazdaq, the poet, described the situation that the people of Kufa, who went out to fight al-Hussein (a.s.), experienced, by saying to al-Hussein (a.s.): ‘Their hearts are with you (but) their swords are against you’(12). We should love al-Hussein (a.s.) with awareness, reason and suffering, not in a superficial and frenzied way that is short-lived, and ends when it faces reality and challenges.

🔸This requires awareness of all content from which Ashoora proceeded, which are the content of Islam. In light of these points that make the aspect of thought in commemoration a vital and necessary matter, and in light of what we have said regarding the necessity of strongly preserving the aspect of emotions of Ashoora, we emphasize again that the emotions issue has human dimensions, and Islamic spirit, rich in effects and benefits, and gives thought vitality, releases it from its stagnation, leads it to activity and turns it from a static state into a state of belief and consciousness, and strengthens the person’s relationship with all its aspects and issues, something that makes the thought – in the particulars of the principle, the individual and one’s stance – become similar to feelings, related to consciousness so that this gives it some strength and firmness inside the soul and outside in life.

🔹We emphasize that adopting both emotions and thought is what achieves for the message its deep content in a man’s awareness and deeds, so that the thought develops into a belief and the belief develops into love or otherwise through the interaction between the mind and the heart.

🔸This is what we can draw from the concept of love towards God’s chosen individuals and hatred towards God’s enemies in Islamic belief as being a proof of seriousness and faithfulness, as it is to be noted that the goal here – which is expressed in the slogans of Ashoora – has to conform with the means of commemoration and that the content acts within the circle of religious adherence. Once again we say:

we have to educate our hearts as we do our minds, to educate our hearts with the culture of emotion, because if the heart fails to find the correct direction in emotions, this can destroy one’s life.

🔹If we proceed from a superficiality in our love and offer it to whomever is not worthy of it, this person might suffer a deeply concealed corruption that would destroy our lives in the future; similarly if we hate someone not on objective basis, he might be a good person in his depth and so our hatred of him would deprive us of the good he can offer. We have to rationalize our emotions so that they operate on the basis of awareness and proceed from the depth, not from the surface, and not allow our emotions to run out of control or to become childish in nature and deed".

📚Reference
-["Ashoora: an Islamic Perspective" by Ayatollah Fadlullah]

@AbodeofWisdom

•┈••✿🌸✿🌸✿🌸✿ 🌸✿••┈•

A droplet of rain fell from a cloud
Over the sea, wide and profound;
It felt ashamed when it saw the sea;
It was about to never be found.

It thought, 'who am I when there is the sea?
If the sea exists, then who am I, this me?'

It found itself unworthy, therefore
An oyster appeared, opening its core.

It was taken and grown until it became
A pearl of value, honor and fame.

It knocked on the door of non-being; however,
It found existence, exalted forever.

The saints have realised
That their being is a facade;
If one sees himself,
He can never see God.

You can't pretend to be noble and grand;
It's not a matter of name or brand.

If you are modest and humble
Then you shall grow;
If you're arrogant and proud
You'll fall below.

For one who's deceived by the glamour of this world,
Having a share of religion is odd;
When one is proud and sees himself,
Don't expect that he can ever see God.

📚 Sadi in bustan

@AbodeofWisdom
•┈••✿🌸✿🌸✿🌸✿ 🌸✿••┈•

✴Why do Shias prostrate on the soil?✴

Part ll

🔷🔶1. Some of the scholars say that Prophet Muhammad (peace be with him and his progeny) knew the earth as a place to prostrate. He also says that the earth is a place for prostrating and for cleanliness to me.(4)
The word “Ja’al” which here has the meaning of legislation clearly shows that this subject is a Divine Decree for followers of Islam. So legitimation of prostration on soil and sand and other content of the ground will be proved.

🔷🔶2. A series of narration state that our prophet (peace be with him), was ordering Muslims to put their forehead over the soil while prostrating, as Um Salama (wife of prophet) narrates from prophet that he said:
"Put your forehead on soil for Allah."(5)

 Two points are clear from this statement: "put your forehead on soil". First is that we should prostrate on soil and put our forehead on the soil while prostrating, and the other is that this is an order that should be followed.

🔷🔶3. Prophet’s behavior in this regard is another evidence for believers.

Wael-Ibn-Hajar narrates: “I saw that whenever prophet (peace be with him) would prostrate, he'd put his forehead and tip of his nose over the ground”(6)

Anas Ibn Malik and Ibn Abbas and some of prophet’s wives like Aisha, Um-Salama and a group of Narrators narrated that: “prophet was prostrating on “Khumra” which was a kind of mat woven from palm’s bast”(7)

Abu-Saeed who is one of prophet’s companions, narrates: “I entered while prophet (peace be with him) was prostrating on palm’s bast mat”(8)

These will be another evidence for Shi’a’s theory that prostrating to whatever grows from the ground except of foods and clothes is permissible.

🔷🔶4. The things that the followers of the Prophet's way did, testify that we are doing the correct action.

Jaber Bin Abdollah Ansari says: "we were praying Zuhur prayers with the Prophet, when I took the pebbles and kept it in my hand to get cool so that I could put on it my forehead".(9)

The Narrator also says: "if prostrating to the clothes that you wore was not a problem, then it was way easier than taking pebbles and keeping them in your hand"!.

Mohammad Ibn-e Sa'ad in his book “Tabaghat-ul Kubra” says: "Masrūq bin Ajda used to take a small stone while on a trip by ship so that he could prostrate on it when praying".(10)

It is necessary to say that Masrūq bin Ajda was one of the Tabe’in (Follower of the companions) of prophet and accompanied (the best student of) Ibn-e Mas'ūd and also lived in the time of the author of “Tabaqat-Al Kubra”.
He has been counted as the first level of Kufans after prophet and was also a narrator of Abu Bakr, Omar, Othman and Imam Ali (peace be with him) and Ibn-e Mas'ūd. This statement clearly proves that the word of those others who assume carrying a piece of stone is "polytheism", is baseless, as the followers (of prophet) were also doing the same.(11)

Nafe’e narrates that if Abdollāh ibn-e Omar was praying and he had put on the head-veil, he was made to remove it to put his forehead on the ground.(12)

Rasīn narrates that: Ali Ibn-e Abdollāh Ibn-e Abbas wrote to me: "send a piece of marble of Marva mountain so as to prostrate on that".(13)

🔷🔶@AbodeofWisdom🔶🔷

🔹🔸🔸🔸🔹🔸🔸🔸🔹🔸🔸🔸🔹

🔸 Sixth: The type, value, and conditions of what should be paid of Zakat al-Fitra.

Zakat al-Fitra should be given about three kilos per head of wheat or barley or dates or raisins or rice or millet etc.

It is also sufficient if he pays the price of one of these items in cash. As per obligatory precaution, he should not give from that food which is not staple in his place, even if it be wheat, barley, dates or raisins.

It is necessary that wheat or any other thing which a person gives as fitrah is not mixed with another commodity or dust, and if it is mixed, but in its pure form it equals a sa’a (about 3 kilos) and the quantity of the thing mixed with it is negligible or usable, there is no harm in it.

If a person gives fitrah from a thing which is inferior or defective, it will not be sufficient.

🔸 Seventh:The rulings of payment

🔹 Time of Payment
It is not correct to give fitrah before the month of Ramadhan, and it is better that it should not be given even during the month of Ramadhan. However, if a person gives loan to a poor person before Ramadhan, and adjusts the loan against fitrah, when payment of fitrah becomes obligatory, there is no harm in it.

🔹 Deadline for the Payment
If a person offers Eid ul fitr prayers, he should, on the basis of obligatory precaution, give fitrah before Eid prayers. But if he does not offer Eid prayers, he can delay giving fitrah till Zuhr.

🔹 Delivery time
If a person sets aside fitrah from his main wealth, and does not give it to a person entitled to receive it till Zuhr of Eid day, he should make Niyyat of fitrah as and when he gives it.

If a person does not give fitrah at the time when its payment becomes obligatory, and does not also set it aside, he should give fitrah later on the basis of precaution, without making the Niyyat of ada or qadha.

🔸 Eighth: Exchanging the Amount Earmarked for Zakat al-Fitr

If a person sets aside fitrah, he cannot take it for his own use, and replace it with another sum or thing.

🔸 Ninth: How to Deliver Zakat al-Fitra

It is not necessary that the poor to whom fitrah is given should know that this is as Zakat al-Fitra.

@AbodeOfWisdom
🔹🔸🔸🔸🔹🔸🔸🔸🔹🔸🔸🔸🔹

✔️Ayatollah Fadlullah:

⭕️"Keeping to emotions, but separated from reason, may lead to repeating the tragedy that Imam al- Hussein (a.s.) experienced!

🔹His tragedy did not stem from a lack of emotions amongst the Muslims towards him, for their hearts were beating with love for him, but it was a blind, superficial love that did not stem from a depth of knowledge, will and suffering; therefore when they found themselves facing the sacrifice of their interests, possessions or desires, love went away and interest and possessions had the upper hand. Al-Farazdaq, the poet, described the situation that the people of Kufa, who went out to fight al-Hussein (a.s.), experienced, by saying to al-Hussein (a.s.): ‘Their hearts are with you (but) their swords are against you’(12). We should love al-Hussein (a.s.) with awareness, reason and suffering, not in a superficial and frenzied way that is short-lived, and ends when it faces reality and challenges.

🔸This requires awareness of all content from which Ashoora proceeded, which are the content of Islam. In light of these points that make the aspect of thought in commemoration a vital and necessary matter, and in light of what we have said regarding the necessity of strongly preserving the aspect of emotions of Ashoora, we emphasize again that the emotions issue has human dimensions, and Islamic spirit, rich in effects and benefits, and gives thought vitality, releases it from its stagnation, leads it to activity and turns it from a static state into a state of belief and consciousness, and strengthens the person’s relationship with all its aspects and issues, something that makes the thought – in the particulars of the principle, the individual and one’s stance – become similar to feelings, related to consciousness so that this gives it some strength and firmness inside the soul and outside in life.

🔹We emphasize that adopting both emotions and thought is what achieves for the message its deep content in a man’s awareness and deeds, so that the thought develops into a belief and the belief develops into love or otherwise through the interaction between the mind and the heart.

🔸This is what we can draw from the concept of love towards God’s chosen individuals and hatred towards God’s enemies in Islamic belief as being a proof of seriousness and faithfulness, as it is to be noted that the goal here – which is expressed in the slogans of Ashoora – has to conform with the means of commemoration and that the content acts within the circle of religious adherence. Once again we say:

we have to educate our hearts as we do our minds, to educate our hearts with the culture of emotion, because if the heart fails to find the correct direction in emotions, this can destroy one’s life.

🔹If we proceed from a superficiality in our love and offer it to whomever is not worthy of it, this person might suffer a deeply concealed corruption that would destroy our lives in the future; similarly if we hate someone not on objective basis, he might be a good person in his depth and so our hatred of him would deprive us of the good he can offer. We have to rationalize our emotions so that they operate on the basis of awareness and proceed from the depth, not from the surface, and not allow our emotions to run out of control or to become childish in nature and deed".

📚Reference
-["Ashoora: an Islamic Perspective" by Ayatollah Fadlullah]

@AbodeofWisdom

✔️Ayatollah Fadlullah:

⭕️"Keeping to emotions, but separated from reason, may lead to repeating the tragedy that Imam al- Hussein (a.s.) experienced!

🔹His tragedy did not stem from a lack of emotions amongst the Muslims towards him, for their hearts were beating with love for him, but it was a blind, superficial love that did not stem from a depth of knowledge, will and suffering; therefore when they found themselves facing the sacrifice of their interests, possessions or desires, love went away and interest and possessions had the upper hand. Al-Farazdaq, the poet, described the situation that the people of Kufa, who went out to fight al-Hussein (a.s.), experienced, by saying to al-Hussein (a.s.): ‘Their hearts are with you (but) their swords are against you’(12). We should love al-Hussein (a.s.) with awareness, reason and suffering, not in a superficial and frenzied way that is short-lived, and ends when it faces reality and challenges.

🔸This requires awareness of all content from which Ashoora proceeded, which are the content of Islam. In light of these points that make the aspect of thought in commemoration a vital and necessary matter, and in light of what we have said regarding the necessity of strongly preserving the aspect of emotions of Ashoora, we emphasize again that the emotions issue has human dimensions, and Islamic spirit, rich in effects and benefits, and gives thought vitality, releases it from its stagnation, leads it to activity and turns it from a static state into a state of belief and consciousness, and strengthens the person’s relationship with all its aspects and issues, something that makes the thought – in the particulars of the principle, the individual and one’s stance – become similar to feelings, related to consciousness so that this gives it some strength and firmness inside the soul and outside in life.

🔹We emphasize that adopting both emotions and thought is what achieves for the message its deep content in a man’s awareness and deeds, so that the thought develops into a belief and the belief develops into love or otherwise through the interaction between the mind and the heart.

🔸This is what we can draw from the concept of love towards God’s chosen individuals and hatred towards God’s enemies in Islamic belief as being a proof of seriousness and faithfulness, as it is to be noted that the goal here – which is expressed in the slogans of Ashoora – has to conform with the means of commemoration and that the content acts within the circle of religious adherence. Once again we say:

we have to educate our hearts as we do our minds, to educate our hearts with the culture of emotion, because if the heart fails to find the correct direction in emotions, this can destroy one’s life.

🔹If we proceed from a superficiality in our love and offer it to whomever is not worthy of it, this person might suffer a deeply concealed corruption that would destroy our lives in the future; similarly if we hate someone not on objective basis, he might be a good person in his depth and so our hatred of him would deprive us of the good he can offer. We have to rationalize our emotions so that they operate on the basis of awareness and proceed from the depth, not from the surface, and not allow our emotions to run out of control or to become childish in nature and deed".

📚Reference
-["Ashoora: an Islamic Perspective" by Ayatollah Fadlullah]

@AbodeofWisdom

Peace, mercy and blessings of God Almighty be upon you.
I have many questions.
First: When does the placenta appear and what does it consist of?
Second. If the umbilical cord made a knot or was too long and choked with longing, what is the solution?
Third: Why is the diagnosis of a urine pregnancy test and what is the relationship to that?