TITLE
COPYRIGHT
CONTENTS
PREFACE
INTRODUCTION
Companions and those who narrated a great deal of hadith
Imam Abū Ḥanīfah
A note on qiyās – analogical deduction
The eminence of Imam Abū Ḥanīfah
The relationship between fiqh and hadith
The history of taqlīd
Imam Abū Ḥanīfah was the earliest of the four Imams
The discernment (fiqh) of the Imam, his acute intelligence, astuteness and the fullness of his intellect
Imam Abū Ḥanīfah’s rank as a mujtahid
More on the biography of Imam Abū Ḥanīfah
The lineage of Abū Ḥanīfah
Abū Ḥanīfah was one of the Followers
His narration of hadith in the Kitāb al-Āthār and elsewhere
The description of Abū Ḥanīfah
His concern for knowledge and seeking hadith and his surpassing his peers in that respect
His extreme caution in narrating and drawing upon only ṣaḥīḥ hadith
Refutation of some misunderstandings about Imam Abū Ḥanīfah
The death of Abū Ḥanīfah
Later imams’ treatment of hadith and their omission of isnads
Some noted Ḥanafīs
Muḥammad ibn al-Ḥasan
from the people of Kūfa
from the people of Madīnah
from the people of Makkah
from the people of Bara
from the people of Wāsiṭ
from the people of Shām
from the people of Khurāsān
from the people of al-Yamāmah
The Imams’ praise of Imam Muḥammad ibn al-Ḥasan
Works by Imam Muḥammad ibn al-Ḥasan
Kitāb al-aṣl or al-Mabsūṭ
al-Jāmiʿ aṣ-ṣaghīr
as-Siyar aṣ-ṣaghīr
al-Jāmiʿ al-kabīr lvi
az-Ziyādāt and Ziyādāt az-Ziyādāt
as-Siyar al-kabīr
Other works
the Muwaṭṭa’
Kitāb al-Ḥujjah or al-Ḥujaj
Kitāb al-Āthār
Musnad Abī Ḥanīfah
The death of Imam Muḥammad ibn al-Ḥasan
The customary usages of the Imams in the book
Types of hadith and information
The structure of the Kitāb al-Āthār
The technical usages of Imam Muḥammad in the book
Usages of the early generations
Kitāb al-Āthār
PURIFICATION
1. Wuḍū’
2. What water left by horses, mules, donkeys and cats is permissible for use in wuḍū’
3. Wiping over leather socks
4. Wuḍū’ because of food that has been cooked over fire
5. What of kissing and vomiting breaks wuḍū’
6. Performing wuḍū’ because of having touched the penis
7. That which nothing pollutes: water, the earth, the person in need of ghusl because of sexual relations, etc.
8. Wuḍū’ for whoever has a wound or smallpox
9. Tayammum
10. The urine of animals and others
11. Cleansing the private parts after going to the toilet
12. Wiping the face after wuḍū’ with a handkerchief and trimming the moustache
13. The tooth stick
14. A woman’s wuḍū’ and wiping over her head-covering
15. Ghusl because of sexual relations (janābah)
16. A man and woman doing ghusl because of intercourse from a single vessel
17. The ghusl of a woman with chronic menstrual bleeding and of the woman who is menstruating
18. The woman who menstruates during [the time of] the prayer
19. Women who have given birth and pregnant women who experience bleeding
20. A woman who experiences in dream what a man experiences
21. The call to prayer
22. The Times of the Prayer
23. Ghusl on the day of Jumuʿah and on the two ʿĪds
THE PRAYER
24. Beginning the prayer, raising the hands and prostrating on the turban
25. Reciting aloud
26. Tashahhud
27. Reciting, “In the name of Allah, the All-Merciful, the Most Merciful” aloud
28. Recitation behind the imam and prompting him
29. Straightening the rows and the merit of the first row
30. A man leading a group of people or two men in prayer
31. Someone who prayed the obligatory prayer
32. Supererogatory prayers
33. Prayer in the miḥrāb
34. The imam saying the salām and his sitting
35. The superiority of the group prayer and of the two rakʿahs of Fajr
36. Someone who prays with a wall or a pathway between him and the imam
37. Wiping dust from the face before finishing the prayer
38. Prayer seated or leaning on something and praying towards a sutrah
39. The witr and what one recites in it
40. Whoever hears the iqāmah while in the mosque
41. Someone who misses part of the prayer
42. Someone who prays in his house without an adhān
43. What invalidates the prayer
44. Nosebleeds during the prayer and breaking wind
45. What of the prayer is repeated and what of that is disapproved
46. A man experiencing moisture during the prayer
47. Prolonged intense laughter in the prayer, and what is disliked in prayer
48. Sleeping before prayer and breaking one’s wuḍū’ by doing so
49. The prayer of someone who faints
50. Forgetfulness in the prayer
51. Someone who greets people during the Khuṭbah or the Prayer
52. Lightening the prayer
53. Prayer while travelling
53. The prayer of fear
54. The prayer of someone who fears hypocrisy
55. Asking for blessings on someone who sneezes
56. The prayer on the day of Jumuʿah and the Khuṭbah
57. The prayer of the two ʿĪds
58. Women going out to attend the two ʿĪds, and sighting the new moon
59. Someone who eats before going out to the place of prayer (muṣallā)
60. Saying takbīr during the days of tashrīq
61. The prostration in [Sūrah] Ṣād
62. The qunūt supplication in prayer
63. A woman leading other women in prayer, and how a woman sits in prayer
64. The prayer of slave women
65. Prayer during the solar eclipse
66. Funerals and washing the dead
67. Washing a [deceased] woman and shrouding her
68. Taking a ghusl because of having washing someone deceased
69. Carrying the bier
70. Prayer over the deceased
71. Entering the deceased into the grave
72. The prayer over deceased men and women
73. Walking with the funeral
74. Building a mound over the grave and plastering it with gypsum
75. Who has more right to lead the prayer over the deceased
76. The newborn baby crying out at birth, and saying the prayer over it [if it dies]
77. The ghusl of the shahīd
78. Visiting graves
79. Recitation of the Qur’ān
80. Recitation of the Qur’ān in the public baths, and by the person in need of a ghusl because of sexual relations
FASTING
81. Fasting while travelling and breaking the fast
82. A fasting person kissing or embracing
83. What breaks the fast
84. The merit in fasting
ZAKĀH
85. Zakāh on gold and silver and orphans’ property
86. Zakāh on Jewellery
87. Zakāt al-Fiṭr and slaves
88. Zakāh on working animals
89. Zakāt on crops and the tenth
90. How zakāh is given
91. The zakāh of camels
92. Zakāh on sheep and goats
93. Zakāh on oxen
94. A man who gives all his wealth for the bereft
THE BOOK OF THE RITES (OF HAJJ)
95. Iḥrām and calling out Labbayk
96. The qirān [Hajj] and the merit of iḥrām
97. Ṭawāf and recitation at the Kaʿbah
98. When does one cease the Labbayk? And making stipulations concerning the Hajj
99. ʿUmrah in the months of the Hajj and at other times
100. Prayer at ʿArafah and Muzdalifah (Jamʿ)
101. Someone who has sexual intercourse with his wife while in iḥrām
102. Whoever sacrifices has become free of iḥrām
103. Someone who is cupped while in iḥrām and shaving the head
104. Whoever becomes in need because of some illness while in iḥrām
105. Hunting in iḥrām
106. Someone whose hady offering dies on the journey
107. What clothing and scent are permissible for the person in iḥrām
108. What animal life the person in iḥrām may kill
109. A person in iḥrām contracting a marriage
110. Buying houses in Makkah and renting them
IMĀN
111. Īmān
112. Intercession
113. Affirmation of the Decree
MARRIAGE
114. What marriage is permitted to a free man
115. Who a slave is permitted to marry
116. A man who marries away his umm walad
117. A person, male or female, who marries having a defect
118. What marriage is forbidden, and consulting a virgin
119. Someone who marries without setting an amount of his wife’s dowry before he dies
120. Someone who marries a woman during her ʿiddah and then later divorces her
121. What happens if each of two women is made to go into [where] the other woman’s husband is
122. Someone who marries a woman who was divorced at her own request for some compensation paid by her (khulʿ) or who was divorced
123. Whoever marries a Jewish or Christian woman, she does not confer the status of being muḥṣan
124. Someone who marries while associating partners with Allah and then later accepts Islam
125. A man marries a slave woman and then purchases her or she is set free
126. Someone marries and then either of the couple commits adultery
127. Temporary (mutʿah) marriage
128. What marriage is forbidden to men
129. The marriage of an inebriated person
130. Marrying a woman and finding that she is not a virgin
131. Marriage of equals and the husband’s rights over the wife
132. Someone who marries a woman who has been informed of the death of her husband
133. Withdrawal (coitus interruptus), and what forms of sexual relations with women are forbidden
134. What is abhorent of sexual intercourse with two slave women who are sisters, and other things
135. A slave woman who is sold or given as a gift while having a husband
DIVORCE
136. Divorce and the ʿiddah
137. Someone who divorces his wife while she is pregnant
138. Divorce of a slave girl who has not menstruated and her ʿiddah
139. A divorcee, whose wife remarries and later returns to him
140. A divorcee who takes his wife back; from where does she begin her ʿiddah?
141. Someone who divorces three times before consummating the marriage
142. Someone who divorces during his illness before or after consummating the marriage
143. The ʿiddah of a divorced woman who despairs of menstrual periods
144. The ʿiddah of the divorced woman whose menstruation has ceased
145. The ʿiddah of the divorced woman who is pregnant
146. The ʿiddah of a woman with chronic menstrual bleeding
147. Someone who divorces and then takes his wife back during the ʿiddah
148. Someone who divorces his wife and then takes her back, but she does not learn of it until after she has remarried
149. Someone who divorces three times or divorces once but intending three times
150. Taking back a wife one has divorced
151. A man who divorces a slave woman with a divorce in which he retains the right to take her back
152. Divorce obtained by a woman in return for compensation paid to the husband (khulʿ)
153. Impotence
154. A man who divorces and then denies it
155. Someone who divorces as a joke
156. Irrevocable divorce
157. Someone who writes about divorcing his wife
158. The divorce of the person suffering from pleurisy, the inebriated person and the person asleep
159. Someone whom the ruler forces to pronounce divorce or to free a slave
160. What types of divorce are deplored
161. Someone who says, “If I marry so-and-so then she is divorced.”
162. Christians, Jews and Zoroastrians who divorce their wives
163. The ʿiddah of the divorced woman and the woman whose husband has died
164. Making exceptions in pronouncements of divorce
165. A man who says to his wife, “Observe the ʿiddah!”
166. The ʿiddah of the umm walad
167. The maintenance of a woman with whom marriage has not been consummated
168. The woman divorced at her own request for compensation, which she pays (khulʿ)
169. Someone who says to his wife, “You are ḥarām to me.”
170. Liʿān
171. The woman being given the choice [of divorce] and [the statement] “Your affair is in your own hands”
172. Īlā’ [divorce brought about because the husband swears to abstain from sexual intercourse with his wife for four months]
173. Someone who swears to abstain from intercourse with his wife and then divorces her
174. Ẓihār [divorce by the man pronouncing “To me you are as my mother’s back”
175. Declaring Ẓihār from a slave
COMPENSATORY PAYMENTS AND RETALIATION
176. Compensatory payments (diyāt) for fatalities and what is due from people who use silver [as currency] and those for whom cattle [are wealth]
177. The compensatory payment for that of which a man only owns one
178. Compensatory payment for teeth, the eyelashes and fingers
179. Those things for which one is unable to retaliate
180. Compensatory payment for an involuntary act and that which the ʿāqilah pay
181. People who dig [under] a wall, which falls on them
182. Compensatory payment for women and their injuries
183. Injuries to slaves
184. Crimes of slaves for whom has been written a contract for them to purchase their freedom, slaves to be set free on the deaths of their owners, and slave women who are mothers of heirs (umm walad)
185. Compensatory payment for a non-Muslim living under Muslim rule
ḤADD PUNISHMENTS
186. A woman who reneges on Islam
187. Someone who kills and then one of the heirs pardons him
188. Someone who kills his slave or a member of his close family
189. Someone who is found killed in his house
190. Liʿān and repudiation of a child
191. Someone who accuses a whole people of sexual impropriety, and the ḥadd punishment for a free man and a slave
192. Discretionary punishments (taʿzīr)
193. Punishments for contravention of the limits which when gathered together include among them capital punishment
194. Rape of women
195. Witnesses who testify to a woman’s adultery, one of whom is her husband
196. A virgin man who fornicates with a virgin woman
197. The punishment for the sodomite
198. The punishment for a slave woman who fornicates or commits adultery
199. Someone who has sexual intercourse because of a mistaken understanding
200. Averting ḥadd punishments
201. The punishment for someone who is intoxicated
202. The ḥadd punishment for a highway robber or thief
203. The punishment for graverobbers
TESTIMONY
204. Testimony of people of the dhimmah against Muslims
205. The testimony of someone who has received a ḥadd punishment
206. False testimony
207. What testimony of women is valid or invalid
208. Someone whose testimony is not accepted because he is a close relative or for other reasons
209. The testimony of small children
INHERITANCE AND BEQUESTS
210. Invalid bequests
211. A man who makes bequests or bequeaths the setting free of a slave
212. The merit of setting slaves free
213. Freeing a slave on the death of his master or an umm walad
214. A slave jointly owned by two men one of whom sets his portion free
215. Someone who sets a half of his slave free
216. A slave who is owned by two men one of whom writes a contract with the slave to purchase his freedom in his share
217. The contract written with the slave to purchase his freedom
218. The slave who writes a contract to purchase his freedom from whom is taken a surety
219. The inheritance of a killer
220. Someone who dies without leaving a Muslim heir
221. A man who dies leaving behind his wife but the two [heirs] differ over the effects
222. Inheritance of freed slaves [mawlās]
223. The inheritance of a couple who have engaged in liʿān and the son of the wife
224. Property whose use is granted to someone for life [ʿumrā]
225. The inheritance of a child carried by a woman [ḥamīl] and the child whose paternity two men claim
226. Who has more right to a child and who is to be compelled to spend on maintenance
227. A wife’s gift to her husband a husband’s to his wife
OATHS AND VOWS
228. Oaths and their expiations
229. What emancipation [of slaves] suffices in expiation of an oath
230. Making exceptions in oaths
231. Vowing to be disobedient
232. The choice of [the form of] expiation, and someone who dedicates his wealth to the very poor
233. Someone who imposes on himself to walk [on Hajj or ʿUmrah]
234. Whoever imposes on himself to sacrifice his son or to sacrifice himself
235. Whoever swears an oath when he has been wronged
SALES
236. Trade, and stipulations in sales
237. Someone who sells fecundated date-palms or a slave who has property
238. Someone who purchases goods and finds a defect in them or a pregnancy
239. Separating a slave woman, her husband her child
240. Advance payments for something that is measured or weighed
241. Advance payment for fruit “until the cutting [of the fruit]” and other things
242. Advance payment for animals
243. Security and a pawned item made in advance payment
244. Advance payment for which one takes part of it [the items being bought] and part of one’s capital sum
245. Advance payment for fabric
246. Offering to buy on top of one’s brother’s offer to buy
247. Conveying trade to land at war (dār al-ḥarb)
248. Trading in pressed fruit juices and wine
249. The sale of game in reed thickets, fish and bamboo
250. The purchase of gold and silver set in something of good appearance (sibr), and jewels
251. Purchasing heavy dirhams with light ones, and usury
252. Loans
253. Properties and pre-emption
254. Profit-sharing transactions for a third, and profit-sharing transactions with the property of orphans, and becoming partners with them
255. Someone who has money as a profit-sharing investment or a deposit held on trust
256. Crop-sharing for a third or a quarter [of the crop]
257. What is abhored of renting out something for more than that for which one rented it
258. If a slave’s owner gives him permission to trade, he [the owner] is the guarantor
259. The standing surety of a shared hired man
260. On pawned items, borrowed things, and things deposited for safekeeping of animals and other things
LEGAL JUDGEMENTS
261. Someone who makes a claim of a right from another man
262. Whoever does something outside of his forecourt is responsible for it
SACRIFICES AND SLAUGHTERING ANIMALS
263. The sacrifice of ʿĪd al-Aḍḥā, and castration of male animals
264. Slaughtering for meat
265. Slaughtering a foetus, and the ʿaqīqah
FOOD AND DRINK
266. What things are abhored of sheep and goats, and blood and other things
267. What [creatures] of the land and sea are [permitted] to be eaten
268. What is abhored of eating the meat of predators and the milk of donkeys
269. Eating cheese
270. Game which one shoots
271. Game caught by a dog
272. Drinks, nabīdh drinks, drinking standing, and those drinks which are abhorent
273. Strong nabīdh
274. Cooked nabīdh and pressed fruit juice
275. Strong pressed date-juice and wine
276. Drinking from vessels, receptacles, and ceramic pots etc.
277. Drinking from gold and silver vessels
CLOTHING
278. Wearing silk, dressing ostentatiously, and fabrics woven of both wool and silk
279. Wearing fox-pelts and tanning hides
280. Wearing signet-rings of gold, iron and other materials, and having engravings on a signet-ring
JIHAD
281. Jihad in the Way of Allah and calling those whom the call has not reached [to Allah]
MISCELLANEOUS
282. The merits of the Companions, and those of the Companions of the Prophet who used to confer with each other on fiqh
283. Truthfulness, lying, backbiting and slander
284. Joining ties of kinship and treating one’s parents well
285. What of your children’s property is permissible for you
286. One who shows the way to good action is the same as someone who does it
287. The Wedding Feast
288. Doing without (zuhd)
289. Invitations
290. The hospitality of governors
291. Gentle conduct and meanness
292. Amulets and incantations used as protection against the [evil] eye, and cauterisation
293. Maintenance of a foundling
294. The reward for a runaway slave
295. Someone who finds lost property which he makes known
296. Tattoos, hairpieces, removing facial hair, and one who renders ḥalāl
297. Plucking out (ḥaff) the hair of the face
298. Dyeing with henna and indigo
299. Drinking remedies, cow’s milk and cauterisation
300. Recording knowledge
301. A dhimmī greeting a Muslim who returns the greeting
302. Laylat al-Qadr – the Night of the Decree
303. Whoever does an action which he conceals, Allah will clothe him in its outer wrap; and show mercy to the two weak beings: women and children
304. Amirate, and “whoever establishes a sunnah which those after him acted upon”
APPENDICES
APPENDIX I: CASES IN WHICH IMAM MUḤAMMAD AND/OR IMAM ABŪ ḤANĪFAH DIFFERED FROM IBRĀHĪM AN-NAKHAʿĪ OR SOME OF THE COMPANIONS
APPENDIX II: HIS NARRATIONS FROM SHAYKHS OTHER THAN IMAM ABŪ ḤANĪFAH
APPENDIX III: IMAM ABŪ ḤANĪFAH’S SHAYKHS QUOTED IN AL-ĀTHĀR
APPENDIX IV: GLOSSARY
APPENDIX V: RIJĀL – NARRATORS, AND THE MAJOR HADITH COLLECTORS WHO TRANSMITTED THEIR HADITH
INDEXES
INDEX OF THE VERDICTS OF THE COMPANIONS AND EARLY MUSLIMS
SUBJECT INDEX
Back Cover
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