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Indexes · فهارس · Cross-cutting branches (entries are node IDs and theses only; open the node for its content)

1. IX.1 · مواضع النزاع · Debate hot-spots
2. IX.2 · الخلاف داخل المذهب · Intra-Ḥanafī disagreements (every ⚑ node, by named authority)

IX.1 · مواضع النزاع · Debate hot-spots

• ʿĀmm is certain (qaṭʿī)
  • B4.03: The general word binds with certainty in all it covers, like the specific; and, per most of our shaykhs, an unspecified general is not specified by a single report or by qiyās (v1/132–143)
  • B10.03: A specification joined to the general explains it; a later one is abrogation, against al-Shāfiʿī (v2/29–35)
• ʿĀmm after specification (al-Karkhī's dissent as Sarakhsī reports it)
  • B4.04: Once specified, a general remains proof for the rest but no longer certain (v1/144–151)
• Addition to a text is abrogation (ziyāda ʿalā al-naṣṣ)
  • B11.08: An addition that changes what suffices under an unqualified text (in God's rights, or any indivisible right) is explanation in form and abrogation in meaning, so it cannot come by a single report or qiyās, against al-Shāfiʿī (v2/82–86)
  • B11.06: Qiyās and consensus do not abrogate; the Kitāb may be abrogated by a mutawātir or mashhūr sunna and the Sunna by the Kitāb, against al-Shāfiʿī (v2/65–78)
  • B9d.02: Filter 1: a single report contradicting the Kitāb is not acted on (v1/364–366)
  • B4.02: The specific word fixes its meaning with certainty; reading a condition into it is abrogation, not explanation (v1/128–131)
  • B8.05: A report single at its root, that scholars received with acceptance and practice: al-Rāzī counts it as tawātur; ʿĪsā b. Abān, "which is sound in our view", as mashhūr giving reassurance; that reception grounds its adding to the Qurʾān (v1/291–295)
• The khabar filters
  • B9b.02: A faqīh Companion's report beats qiyās, agreeing or not (v1/338–339)
  • B9b.03: A reliable non-faqīh's report yields to sound qiyās only if the umma did not accept it and raʾy has no room (v1/339–342)
  • B9b.04: The "unknown" Companion-narrator: five cases, decided by how the early jurists treated him (v1/342–345)
  • B9d.01: Break in meaning: a report is cut off by a contrary proof or by a defective narrator (v1/364, 369–370)
  • B9d.02: Filter 1: a single report contradicting the Kitāb is not acted on (v1/364–366)
  • B9d.03: Filter 2: a gharīb report contradicting the well-known Sunna is set aside (v1/366–368)
  • B9d.04: Filter 3: a lone report on a matter of general need is suspect; the act's legal grade (wujūb) may still rest on a single report (v1/368–369)
  • B9d.05: Filter 4: a report the Companions ignored while disputing the very question is suspect (v1/369–370)
  • B9f.02: If the narrator rules or acts against his report after relating it, the report is no longer proof, being read as his knowledge of abrogation; his interpreting it does not bind others (v2/5–7)
  • B9f.03: A leading Companion's contrary practice voids a report he could not have missed; not one he may have missed; ḥadīth critics' vague criticism is not jarḥ (v2/7–11)
• Mursal reports
  • B9d.S1: Break in form: the Companions' mursal is proof by agreement (v1/359)
  • B9d.S2: The mursal of the second and third generations is proof, against al-Shāfiʿī (on the preferred view, unless the narrator is known to relate from the non-upright, B9d.S3); ʿĪsā b. Abān: even stronger than a musnad (v1/360–363)
  • B9d.S3: After the three generations: al-Karkhī accepts all; ʿĪsā b. Abān accepts the famous carriers of knowledge; al-Rāzī's view, the soundest: only from one known to relate solely from the upright (v1/363–364)
• Mafhūm rejected
  • B7.11: Naming a thing does not deny the ruling to others, even with a number (v1/255–256)
  • B7.12: A description attached to a ruling does not deny it when absent, against al-Shāfiʿī (v1/256–260)
  • B7.13: A condition establishes the ruling when met; it does not deny it before, against al-Shāfiʿī; the condition works on the cause, not on its effect (v1/260–265)
• Prohibition implies legitimacy (nahy → mashrūʿiyya)
  • B3.03: A prohibition of a legal act for a joined description leaves it legitimate in principle but defective in performance, unless unlawfulness and the act's survival cannot coexist (then it is abrogation in the form of a prohibition); for al-Shāfiʿī it abrogates it (v1/82–94)
• The mashhūr and the Kitāb
  • B8.05: A report single at its root, that scholars received with acceptance and practice: al-Rāzī counts it as tawātur; ʿĪsā b. Abān, "which is sound in our view", as mashhūr giving reassurance; that reception grounds its adding to the Qurʾān (v1/291–295)
  • B11.06: Qiyās and consensus do not abrogate; the Kitāb may be abrogated by a mutawātir or mashhūr sunna and the Sunna by the Kitāb, against al-Shāfiʿī (v2/65–78)
• Preference not by number of narrators
  • B9g.05: No preference by number of narrators (Abū Ḥanīfa and Abū Yūsuf, against Muḥammad); an addition from the same narrator is taken; two narrators give two reports; preference is by proof, not by the rank of men (v2/24–26)
  • B16.01: Preference is an added quality, not an added proof: what can ground a ruling on its own cannot tip the balance (v2/249–252)
  • B16.04: Four unsound kinds: by another qiyās (or by a report or verse), by more likenesses, by wider scope, by fewer features (v2/264–265)
• Istiṣḥāb defends, it does not establish
  • B14.01: "There is no proof" binds no one: in God's rights it only defends, it never establishes; for our scholars, in people's rights it does not even defend (v2/215–219)
  • B14.02: al-Shāfiʿī: a ruling established by its proof continues by that proof, so "no proof it ended" binds; our scholars: the establishing proof says nothing about continuance, which needs no proof (v2/219–223)
  • B14.03: Istiṣḥāb has four kinds: with certain knowledge that nothing changed it, sound; after searching, an excuse and a defence only; before searching, ignorance; to establish a new ruling, pure error (v2/223–226)
  • B13a.06: The Qurʾān explains everything by its meanings; every event has a ruling; istiṣḥāb is acting on ignorance, resorted to only in sheer necessity; the cause is made effective by God, not by us (v2/138–143)
  • B12.09: When a new feature arises in a case, the earlier consensus does not carry over (no istiṣḥāb of consensus), against some scholars (v2/116–118)
• Istiḥsān
  • B13g.01: Istiḥsān is not following desire: it is either judging amounts left to opinion, or the stronger of two proofs, overriding the obvious qiyās (v2/199–201)
  • B13g.02: Where istiḥsān is taken, qiyās is dropped entirely, not merely outweighed; it is left by text, consensus or necessity (v2/201–203)
  • B13g.03: Each is of two kinds; preference goes by strength of effect, not by being obvious or hidden; a hidden-qiyās istiḥsān extends, one based on text or consensus does not (v2/203–208)
  • B13d.03: What departs from qiyās is not extended: date-drink wuḍūʾ, laughter in prayer, eating while forgetful, building on prayer after ḥadath, forgetting the tasmiya (v2/153–155)
• The Companion's opinion (qawl al-ṣaḥābī)
  • B12.06: Where no Companion is known to differ, a single Companion's opinion outweighs qiyās (al-Bardaʿī, the sounder view), against al-Karkhī; our imams' practice is mixed; our early and later colleagues all agree it is proof where qiyās has no role (v2/105–113)
  • B12.07: Sarakhsī's claim: "our colleagues" hold to Sunna and opinion together more than those who claim ḥadīth; his charge against al-Shāfiʿī (v2/113)
• No specification of causes (takhṣīṣ al-ʿilla)
  • B13h.01: A legal cause cannot be "specified": if the ruling fails where the feature exists, the cause itself is absent there or was never the cause; allowing specification leans to Muʿtazilī doctrine (v2/208–215)
  • B15.06: A counter-case hits only ṭard causes; the answer reconciles in four ways: by the feature's wording, its effect, the ruling sought, or the aim of the reasoning (v2/246–249)
• Earlier prophets' law (sharʿ man qablanā)
  • B12.05: Earlier prophets' law binds us as our Prophet's law, unless abrogated, but only when known through the Qurʾān or the Prophet (v2/99–105)
• Tacit consensus and later-age consensus
  • B8.08: The pillar is agreement in word or deed, or its concession: one voice made known and the rest silent, after the question reached them and time to reflect passed (v1/303–310)
  • B8.10: The end of the generation is not a condition; ⚑ a lone dissenter blocks consensus only if the others accepted his ijtihād (v1/315–317)
  • B8.11: Consensus has grades: the Companions' explicit consensus makes its denier an unbeliever; lower grades do not; ⚑ a later consensus after an earlier dispute (v1/318–321)
  • B12.08: A Follower who reached the Companions' age as one of its scholars and mujtahids counts in their consensus, against al-Shāfiʿī (v2/114–116)
  • B12.09: When a new feature arises in a case, the earlier consensus does not carry over (no istiṣḥāb of consensus), against some scholars (v2/116–118)

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IX.2 · الخلاف داخل المذهب · Intra-Ḥanafī disagreements (every ⚑ node, by named authority)

• Abū Ḥanīfa
  • B2.08: Ramaḍān: the time is the measure, so no other fast is valid in it, except a traveller's intended obligation for Abū Ḥanīfa (v1/36–42)
  • B2.11: Performance is complete, deficient, or like make-up; make-up is by an understood like or one not understood (v1/48–59)
  • B3.02: Badness is of three grades: in itself; from something adjacent; from something joined as a description (v1/80–81)
  • B3.04: A command makes its opposite disliked; a prohibition may make its opposite a sunna of wājib-like force; both by implication (iqtiḍāʾ), not by text (v1/94–99)
  • B4.02: The specific word fixes its meaning with certainty; reading a condition into it is abrogation, not explanation (v1/128–131)
  • B4.05: Generality comes from plurals (least three), genus nouns, and the particles man, mā, kull and jamīʿ; an indefinite is general only under negation, with the article where there is no known referent, or with a general description (v1/151–162)
  • B5.02: Four grades of unclarity; the mutashābih is left to God (v1/167–170)
  • B5.04: One word cannot bear its literal and figurative sense in one referent; two different referents may combine them if the figure does not crowd the literal; apparent cases are "the generality of the figure" (v1/173–177)
  • B5.06: Abū Ḥanīfa: the figure substitutes for the literal in the wording; the Ṣāḥibān: in the ruling (v1/184–187)
  • B5.08: Five things make one leave the literal sense (v1/190–195)
  • B6.02: "If you enter, you are divorced and divorced and divorced" (not yet consummated): Abū Ḥanīfa one, the Ṣāḥibān three; what comes later can change what came first (v1/202–205)
  • B6.03: Wāw between two complete sentences still joins; wāw of state; ⚑ "divorce me and you get 1,000" (v1/205–207)
  • B6.04: Fāʾ gives immediate sequence; it can also introduce a lasting cause (v1/207–209)
  • B6.05: Thumma is sequence with delay: for Abū Ḥanīfa as if he fell silent and started again; for the Ṣāḥibān, delay in the ruling only (v1/209–210)
  • B6.08: Aw covers one of the things named; it gives choice in enactments, and doubt arises in reports from the context, not the word (v1/213–218)
  • B6.11: ʿAlā is for binding; it is used for condition, and borrowed for the bāʾ of exchange; ⚑ "divorce me three times for 1,000" (v1/221–222)
  • B6.13: Fī is for container; time, place and act as container; ⚑ "divorced in (fī) tomorrow" (v1/223–225)
  • B6.15: Illā is the literal exception; ghayr excepts or describes; siwā excepts (v1/226–227) [OCR-recovered]
  • B6.16: Bāʾ is for attaching (ilṣāq); so it marks the price, needs a real event, and in wiping the head it does not mean "some of" (v1/227–229) [opening OCR-recovered]
  • B6.18: In is the pure condition; ⚑ idhā: Abū Ḥanīfa, sometimes pure condition; the Ṣāḥibān, always time; matā is time; kayfa, kam, ayna (v1/231–235) [end OCR-recovered]
  • B7.03: The ḥadīth on ṣadaqat al-fiṭr indicates who pays, who receives, when, and in what; ⚑ on giving only to Muslim poor (v1/240–241)
  • B7.05: Sodomy and killing with a blunt object: the Ṣāḥibān extend the ḥadd and retaliation by dalāla; Abū Ḥanīfa says the meaning is not complete (v1/242–244)
  • B7.12: A description attached to a ruling does not deny it when absent, against al-Shāfiʿī (v1/256–260)
  • B8.03: The Qurʾān is known only by mass transmission, not by its inimitability; ⚑ minimum recitation; the basmala is a revealed verse between sūras; the Persian-recitation question (v1/279–282)
  • B9a.05: Four domains: religious rulings (⚑ ḥudūd), binding claims between people, non-binding dealings, and the partly binding (v1/333–338)
  • B9b.04: The "unknown" Companion-narrator: five cases, decided by how the early jurists treated him (v1/342–345)
  • B9c.06: Slaves, women and the blind narrate like others; ⚑ the one punished for qadhf, after repentance: ẓāhir al-madhhab vs al-Ḥasan's report (v1/353–355)
  • B9c.08: Writing as a reminder is fine; ⚑ relying on handwriting without remembering: Abū Ḥanīfa never; Abū Yūsuf in the register and ḥadīth, and in a deed only when it is safe in the witness's hands; Muḥammad in all three; Sarakhsī adopts the concession (v1/357–359)
  • B9d.03: Filter 2: a gharīb report contradicting the well-known Sunna is set aside (v1/366–368)
  • B9d.06: The unexamined narrator's report is not relied on "in our time"; the sinner's report is not proof in religion, though accepted in dealings of necessity (v1/370–371)
  • B9f.01: When the original narrator denies or forgets a report: al-Shāfiʿī acts on it; "our scholars" did not; within the school, Abū Ḥanīfa and Abū Yūsuf against Muḥammad (v2/3–5)
  • B9g.05: No preference by number of narrators (Abū Ḥanīfa and Abū Yūsuf, against Muḥammad); an addition from the same narrator is taken; two narrators give two reports; preference is by proof, not by the rank of men (v2/24–26)
  • B10.05: The disconnected exception means "but" or works as a conjunction; the literal exception is preferred where possible (v2/42–44)
  • B10.07: Altering and replacing explanations count only when connected (agreed by all); several ⚑ splits over what counts as alteration versus retraction (v2/45–49)
  • B12.06: Where no Companion is known to differ, a single Companion's opinion outweighs qiyās (al-Bardaʿī, the sounder view), against al-Karkhī; our imams' practice is mixed; our early and later colleagues all agree it is proof where qiyās has no role (v2/105–113)
  • B15.05: Opposition to the branch's ruling has five forms (two sound, one weak, two unsound); opposition by another cause in the root is always unsound (v2/242–246)
  • B18.01: Rulings are of four kinds: purely God's, purely people's, mixed with God's right dominant, mixed with people's right dominant; God's pure rights have eight types (v2/289–297)
  • B18.02: Every right has an original and a substitute; the substitute is owed by the same cause, only if the cause first met its object, and the ruling passes to it on inability to perform the original (v2/297–300)
  • B18.04: Four kinds of cause (sabab): figurative, pure, with a likeness to an effective cause (ʿilla), and in the meaning of an ʿilla (v2/304–312)
  • B18.06: Six kinds of condition (pure; in the ruling of an ʿilla; resembling an ʿilla; in the meaning of a sabab; in name only; a sign) and four kinds of sign (v2/320–332)
  • B19.02: Two views among our shaykhs on whether God's rights are owed from birth; Sarakhsī's middle way: obligation needs cause, seat, and fitness for its effect (performance) (v2/333–340)
  • B19.03: Limited capacity (a discerning child, or an imbecile adult) makes performance valid for faith and bodily worship, not financial worship; complete capacity (sound-minded adulthood) makes it owed (v2/340–346)
  • B19.04: Dealings: pure benefit is valid by limited capacity; pure harm needs complete capacity; mixed dealings are valid with the guardian's opinion (v2/346–353)
• Abū Yūsuf
  • B2.06: An unqualified command may be delayed; no immediate performance, but dying after being able to perform, without performing, is culpable (v1/26–30)
  • B2.08: Ramaḍān: the time is the measure, so no other fast is valid in it, except a traveller's intended obligation for Abū Ḥanīfa (v1/36–42)
  • B2.09: Ḥajj: an ambiguous case between prayer and fasting (v1/42–44)
  • B2.10: Performance is handing over the very duty; make-up is discharging it with a like; make-up is owed by the original cause (v1/44–48)
  • B2.11: Performance is complete, deficient, or like make-up; make-up is by an understood like or one not understood (v1/48–59)
  • B3.04: A command makes its opposite disliked; a prohibition may make its opposite a sunna of wājib-like force; both by implication (iqtiḍāʾ), not by text (v1/94–99)
  • B4.02: The specific word fixes its meaning with certainty; reading a condition into it is abrogation, not explanation (v1/128–131)
  • B4.05: Generality comes from plurals (least three), genus nouns, and the particles man, mā, kull and jamīʿ; an indefinite is general only under negation, with the article where there is no known referent, or with a general description (v1/151–162)
  • B5.02: Four grades of unclarity; the mutashābih is left to God (v1/167–170)
  • B5.04: One word cannot bear its literal and figurative sense in one referent; two different referents may combine them if the figure does not crowd the literal; apparent cases are "the generality of the figure" (v1/173–177)
  • B5.06: Abū Ḥanīfa: the figure substitutes for the literal in the wording; the Ṣāḥibān: in the ruling (v1/184–187)
  • B5.08: Five things make one leave the literal sense (v1/190–195)
  • B6.02: "If you enter, you are divorced and divorced and divorced" (not yet consummated): Abū Ḥanīfa one, the Ṣāḥibān three; what comes later can change what came first (v1/202–205)
  • B6.03: Wāw between two complete sentences still joins; wāw of state; ⚑ "divorce me and you get 1,000" (v1/205–207)
  • B6.05: Thumma is sequence with delay: for Abū Ḥanīfa as if he fell silent and started again; for the Ṣāḥibān, delay in the ruling only (v1/209–210)
  • B6.08: Aw covers one of the things named; it gives choice in enactments, and doubt arises in reports from the context, not the word (v1/213–218)
  • B6.11: ʿAlā is for binding; it is used for condition, and borrowed for the bāʾ of exchange; ⚑ "divorce me three times for 1,000" (v1/221–222)
  • B6.13: Fī is for container; time, place and act as container; ⚑ "divorced in (fī) tomorrow" (v1/223–225)
  • B6.15: Illā is the literal exception; ghayr excepts or describes; siwā excepts (v1/226–227) [OCR-recovered]
  • B6.18: In is the pure condition; ⚑ idhā: Abū Ḥanīfa, sometimes pure condition; the Ṣāḥibān, always time; matā is time; kayfa, kam, ayna (v1/231–235) [end OCR-recovered]
  • B7.03: The ḥadīth on ṣadaqat al-fiṭr indicates who pays, who receives, when, and in what; ⚑ on giving only to Muslim poor (v1/240–241)
  • B7.05: Sodomy and killing with a blunt object: the Ṣāḥibān extend the ḥadd and retaliation by dalāla; Abū Ḥanīfa says the meaning is not complete (v1/242–244)
  • B7.08: The presupposed is what must be added for the text to make sense or take effect; it has no generality, against al-Shāfiʿī; ⚑ on "free him for nothing" (v1/248–250)
  • B7.12: A description attached to a ruling does not deny it when absent, against al-Shāfiʿī (v1/256–260)
  • B8.03: The Qurʾān is known only by mass transmission, not by its inimitability; ⚑ minimum recitation; the basmala is a revealed verse between sūras; the Persian-recitation question (v1/279–282)
  • B9a.05: Four domains: religious rulings (⚑ ḥudūd), binding claims between people, non-binding dealings, and the partly binding (v1/333–338)
  • B9b.04: The "unknown" Companion-narrator: five cases, decided by how the early jurists treated him (v1/342–345)
  • B9c.08: Writing as a reminder is fine; ⚑ relying on handwriting without remembering: Abū Ḥanīfa never; Abū Yūsuf in the register and ḥadīth, and in a deed only when it is safe in the witness's hands; Muḥammad in all three; Sarakhsī adopts the concession (v1/357–359)
  • B9d.03: Filter 2: a gharīb report contradicting the well-known Sunna is set aside (v1/366–368)
  • B9f.01: When the original narrator denies or forgets a report: al-Shāfiʿī acts on it; "our scholars" did not; within the school, Abū Ḥanīfa and Abū Yūsuf against Muḥammad (v2/3–5)
  • B9g.05: No preference by number of narrators (Abū Ḥanīfa and Abū Yūsuf, against Muḥammad); an addition from the same narrator is taken; two narrators give two reports; preference is by proof, not by the rank of men (v2/24–26)
  • B10.05: The disconnected exception means "but" or works as a conjunction; the literal exception is preferred where possible (v2/42–44)
  • B10.07: Altering and replacing explanations count only when connected (agreed by all); several ⚑ splits over what counts as alteration versus retraction (v2/45–49)
  • B10.08: Explanation by necessity comes without words made for it, in four ways (v2/50–53)
  • B12.06: Where no Companion is known to differ, a single Companion's opinion outweighs qiyās (al-Bardaʿī, the sounder view), against al-Karkhī; our imams' practice is mixed; our early and later colleagues all agree it is proof where qiyās has no role (v2/105–113)
  • B15.05: Opposition to the branch's ruling has five forms (two sound, one weak, two unsound); opposition by another cause in the root is always unsound (v2/242–246)
  • B18.01: Rulings are of four kinds: purely God's, purely people's, mixed with God's right dominant, mixed with people's right dominant; God's pure rights have eight types (v2/289–297)
  • B18.02: Every right has an original and a substitute; the substitute is owed by the same cause, only if the cause first met its object, and the ruling passes to it on inability to perform the original (v2/297–300)
  • B18.04: Four kinds of cause (sabab): figurative, pure, with a likeness to an effective cause (ʿilla), and in the meaning of an ʿilla (v2/304–312)
  • B18.05: Six kinds of effective cause (ʿilla), by name, meaning and effect (ḥukm) (v2/312–320)
  • B18.06: Six kinds of condition (pure; in the ruling of an ʿilla; resembling an ʿilla; in the meaning of a sabab; in name only; a sign) and four kinds of sign (v2/320–332)
  • B19.02: Two views among our shaykhs on whether God's rights are owed from birth; Sarakhsī's middle way: obligation needs cause, seat, and fitness for its effect (performance) (v2/333–340)
  • B19.03: Limited capacity (a discerning child, or an imbecile adult) makes performance valid for faith and bodily worship, not financial worship; complete capacity (sound-minded adulthood) makes it owed (v2/340–346)
  • B19.04: Dealings: pure benefit is valid by limited capacity; pure harm needs complete capacity; mixed dealings are valid with the guardian's opinion (v2/346–353)
• Muḥammad
  • B2.06: An unqualified command may be delayed; no immediate performance, but dying after being able to perform, without performing, is culpable (v1/26–30)
  • B2.08: Ramaḍān: the time is the measure, so no other fast is valid in it, except a traveller's intended obligation for Abū Ḥanīfa (v1/36–42)
  • B2.09: Ḥajj: an ambiguous case between prayer and fasting (v1/42–44)
  • B2.11: Performance is complete, deficient, or like make-up; make-up is by an understood like or one not understood (v1/48–59)
  • B3.02: Badness is of three grades: in itself; from something adjacent; from something joined as a description (v1/80–81)
  • B3.04: A command makes its opposite disliked; a prohibition may make its opposite a sunna of wājib-like force; both by implication (iqtiḍāʾ), not by text (v1/94–99)
  • B3.07: ʿAzīma is the original ruling; rukhṣa is what is permitted for an excuse, in two literal grades (the prohibiting cause remains) and two figurative grades (v1/117–124)
  • B4.02: The specific word fixes its meaning with certainty; reading a condition into it is abrogation, not explanation (v1/128–131)
  • B4.05: Generality comes from plurals (least three), genus nouns, and the particles man, mā, kull and jamīʿ; an indefinite is general only under negation, with the article where there is no known referent, or with a general description (v1/151–162)
  • B5.02: Four grades of unclarity; the mutashābih is left to God (v1/167–170)
  • B5.04: One word cannot bear its literal and figurative sense in one referent; two different referents may combine them if the figure does not crowd the literal; apparent cases are "the generality of the figure" (v1/173–177)
  • B5.06: Abū Ḥanīfa: the figure substitutes for the literal in the wording; the Ṣāḥibān: in the ruling (v1/184–187)
  • B5.08: Five things make one leave the literal sense (v1/190–195)
  • B6.02: "If you enter, you are divorced and divorced and divorced" (not yet consummated): Abū Ḥanīfa one, the Ṣāḥibān three; what comes later can change what came first (v1/202–205)
  • B6.03: Wāw between two complete sentences still joins; wāw of state; ⚑ "divorce me and you get 1,000" (v1/205–207)
  • B6.05: Thumma is sequence with delay: for Abū Ḥanīfa as if he fell silent and started again; for the Ṣāḥibān, delay in the ruling only (v1/209–210)
  • B6.08: Aw covers one of the things named; it gives choice in enactments, and doubt arises in reports from the context, not the word (v1/213–218)
  • B6.11: ʿAlā is for binding; it is used for condition, and borrowed for the bāʾ of exchange; ⚑ "divorce me three times for 1,000" (v1/221–222)
  • B6.13: Fī is for container; time, place and act as container; ⚑ "divorced in (fī) tomorrow" (v1/223–225)
  • B6.15: Illā is the literal exception; ghayr excepts or describes; siwā excepts (v1/226–227) [OCR-recovered]
  • B6.18: In is the pure condition; ⚑ idhā: Abū Ḥanīfa, sometimes pure condition; the Ṣāḥibān, always time; matā is time; kayfa, kam, ayna (v1/231–235) [end OCR-recovered]
  • B7.03: The ḥadīth on ṣadaqat al-fiṭr indicates who pays, who receives, when, and in what; ⚑ on giving only to Muslim poor (v1/240–241)
  • B7.05: Sodomy and killing with a blunt object: the Ṣāḥibān extend the ḥadd and retaliation by dalāla; Abū Ḥanīfa says the meaning is not complete (v1/242–244)
  • B7.12: A description attached to a ruling does not deny it when absent, against al-Shāfiʿī (v1/256–260)
  • B8.03: The Qurʾān is known only by mass transmission, not by its inimitability; ⚑ minimum recitation; the basmala is a revealed verse between sūras; the Persian-recitation question (v1/279–282)
  • B9a.04: Number is not required in reports; the Companions' requests for a second witness were caution; ⚑ whether ʿUmar would have accepted Abū Mūsā alone (v1/331–333)
  • B9a.05: Four domains: religious rulings (⚑ ḥudūd), binding claims between people, non-binding dealings, and the partly binding (v1/333–338)
  • B9b.04: The "unknown" Companion-narrator: five cases, decided by how the early jurists treated him (v1/342–345)
  • B9c.08: Writing as a reminder is fine; ⚑ relying on handwriting without remembering: Abū Ḥanīfa never; Abū Yūsuf in the register and ḥadīth, and in a deed only when it is safe in the witness's hands; Muḥammad in all three; Sarakhsī adopts the concession (v1/357–359)
  • B9d.03: Filter 2: a gharīb report contradicting the well-known Sunna is set aside (v1/366–368)
  • B9d.06: The unexamined narrator's report is not relied on "in our time"; the sinner's report is not proof in religion, though accepted in dealings of necessity (v1/370–371)
  • B9f.01: When the original narrator denies or forgets a report: al-Shāfiʿī acts on it; "our scholars" did not; within the school, Abū Ḥanīfa and Abū Yūsuf against Muḥammad (v2/3–5)
  • B9g.05: No preference by number of narrators (Abū Ḥanīfa and Abū Yūsuf, against Muḥammad); an addition from the same narrator is taken; two narrators give two reports; preference is by proof, not by the rank of men (v2/24–26)
  • B10.05: The disconnected exception means "but" or works as a conjunction; the literal exception is preferred where possible (v2/42–44)
  • B10.07: Altering and replacing explanations count only when connected (agreed by all); several ⚑ splits over what counts as alteration versus retraction (v2/45–49)
  • B12.06: Where no Companion is known to differ, a single Companion's opinion outweighs qiyās (al-Bardaʿī, the sounder view), against al-Karkhī; our imams' practice is mixed; our early and later colleagues all agree it is proof where qiyās has no role (v2/105–113)
  • B15.05: Opposition to the branch's ruling has five forms (two sound, one weak, two unsound); opposition by another cause in the root is always unsound (v2/242–246)
  • B18.02: Every right has an original and a substitute; the substitute is owed by the same cause, only if the cause first met its object, and the ruling passes to it on inability to perform the original (v2/297–300)
  • B18.04: Four kinds of cause (sabab): figurative, pure, with a likeness to an effective cause (ʿilla), and in the meaning of an ʿilla (v2/304–312)
  • B18.05: Six kinds of effective cause (ʿilla), by name, meaning and effect (ḥukm) (v2/312–320)
  • B18.06: Six kinds of condition (pure; in the ruling of an ʿilla; resembling an ʿilla; in the meaning of a sabab; in name only; a sign) and four kinds of sign (v2/320–332)
  • B19.02: Two views among our shaykhs on whether God's rights are owed from birth; Sarakhsī's middle way: obligation needs cause, seat, and fitness for its effect (performance) (v2/333–340)
  • B19.03: Limited capacity (a discerning child, or an imbecile adult) makes performance valid for faith and bodily worship, not financial worship; complete capacity (sound-minded adulthood) makes it owed (v2/340–346)
  • B19.04: Dealings: pure benefit is valid by limited capacity; pure harm needs complete capacity; mixed dealings are valid with the guardian's opinion (v2/346–353)
• Zufar
  • B2.07: A command tied to a time: for prayer, time is container, condition and cause (v1/30–36)
  • B2.13: Capacity conditions performance: minimal capacity for most duties, "facilitating" capacity for some (v1/65–73)
  • B6.06: Bal corrects an error by putting the second in place of the first; in statements it adds, in enactments it cannot retract (v1/210–211)
  • B6.10: Ilā ends a limit; a limit standing by itself is excluded; otherwise inclusion depends on whether the phrase already covered it (v1/220–221)
  • B7.12: A description attached to a ruling does not deny it when absent, against al-Shāfiʿī (v1/256–260)
  • B7.14: Zufar: a hung divorce survives three divorces; "we": it lapses when the subject is lost (v1/265–267)
  • B13h.01: A legal cause cannot be "specified": if the ruling fails where the feature exists, the cause itself is absent there or was never the cause; allowing specification leans to Muʿtazilī doctrine (v2/208–215)
  • B14.04: "The likenesses conflict" and bare concomitance are "no proof" in disguise (v2/226–228)
  • B18.04: Four kinds of cause (sabab): figurative, pure, with a likeness to an effective cause (ʿilla), and in the meaning of an ʿilla (v2/304–312)
  • B18.06: Six kinds of condition (pure; in the ruling of an ʿilla; resembling an ʿilla; in the meaning of a sabab; in name only; a sign) and four kinds of sign (v2/320–332)
• al-Karkhī
  • B2.06: An unqualified command may be delayed; no immediate performance, but dying after being able to perform, without performing, is culpable (v1/26–30)
  • B4.04: Once specified, a general remains proof for the rest but no longer certain (v1/144–151)
  • B8.08: The pillar is agreement in word or deed, or its concession: one voice made known and the rest silent, after the question reached them and time to reflect passed (v1/303–310)
  • B8.10: The end of the generation is not a condition; ⚑ a lone dissenter blocks consensus only if the others accepted his ijtihād (v1/315–317)
  • B9a.05: Four domains: religious rulings (⚑ ḥudūd), binding claims between people, non-binding dealings, and the partly binding (v1/333–338)
  • B9d.S3: After the three generations: al-Karkhī accepts all; ʿĪsā b. Abān accepts the famous carriers of knowledge; al-Rāzī's view, the soundest: only from one known to relate solely from the upright (v1/363–364)
  • B9g.04: Affirming vs denying reports: al-Karkhī prefers the affirming, ʿĪsā b. Abān sees a conflict; Sarakhsī: a denial based on evidence conflicts, a denial from mere absence of knowledge does not (v2/21–24)
  • B12.01: An intentional act of the Prophet (not a slip, not from forgetfulness, not from human nature) whose legal grade is unknown: al-Karkhī, the act is permitted for him and our following it waits for proof; al-Jaṣṣāṣ (sound), following him is permitted to us until proof that it was his alone (v2/86–90)
  • B12.06: Where no Companion is known to differ, a single Companion's opinion outweighs qiyās (al-Bardaʿī, the sounder view), against al-Karkhī; our imams' practice is mixed; our early and later colleagues all agree it is proof where qiyās has no role (v2/105–113)
• al-Jaṣṣāṣ (Abū Bakr al-Rāzī)
  • B2.12: The command makes its object good by the law, not by reason; the unqualified command gives the highest grade of goodness (v1/60–65)
  • B3.04: A command makes its opposite disliked; a prohibition may make its opposite a sunna of wājib-like force; both by implication (iqtiḍāʾ), not by text (v1/94–99)
  • B4.01: Four kinds of wording by what they cover: specific, general, equivocal, interpreted (v1/124–128)
  • B8.05: A report single at its root, that scholars received with acceptance and practice: al-Rāzī counts it as tawātur; ʿĪsā b. Abān, "which is sound in our view", as mashhūr giving reassurance; that reception grounds its adding to the Qurʾān (v1/291–295)
  • B8.10: The end of the generation is not a condition; ⚑ a lone dissenter blocks consensus only if the others accepted his ijtihād (v1/315–317)
  • B9a.05: Four domains: religious rulings (⚑ ḥudūd), binding claims between people, non-binding dealings, and the partly binding (v1/333–338)
  • B12.01: An intentional act of the Prophet (not a slip, not from forgetfulness, not from human nature) whose legal grade is unknown: al-Karkhī, the act is permitted for him and our following it waits for proof; al-Jaṣṣāṣ (sound), following him is permitted to us until proof that it was his alone (v2/86–90)
  • B14.06: Elimination ("the features are limited, all but one are void, so it is the cause") proves nothing; al-Jaṣṣāṣ allowed it (v2/231–232)
• ʿĪsā b. Abān
  • B2.05: The command neither requires nor admits repetition; it yields the least of its kind, with the whole as a possibility (v1/20–25)
  • B8.05: A report single at its root, that scholars received with acceptance and practice: al-Rāzī counts it as tawātur; ʿĪsā b. Abān, "which is sound in our view", as mashhūr giving reassurance; that reception grounds its adding to the Qurʾān (v1/291–295)
  • B8.08: The pillar is agreement in word or deed, or its concession: one voice made known and the rest silent, after the question reached them and time to reflect passed (v1/303–310)
  • B9g.04: Affirming vs denying reports: al-Karkhī prefers the affirming, ʿĪsā b. Abān sees a conflict; Sarakhsī: a denial based on evidence conflicts, a denial from mere absence of knowledge does not (v2/21–24)
• al-Bardaʿī
  • B12.06: Where no Companion is known to differ, a single Companion's opinion outweighs qiyās (al-Bardaʿī, the sounder view), against al-Karkhī; our imams' practice is mixed; our early and later colleagues all agree it is proof where qiyās has no role (v2/105–113)
• al-Ḥalwānī
  • B8.11: Consensus has grades: the Companions' explicit consensus makes its denier an unbeliever; lower grades do not; ⚑ a later consensus after an earlier dispute (v1/318–321)
  • B19.02: Two views among our shaykhs on whether God's rights are owed from birth; Sarakhsī's middle way: obligation needs cause, seat, and fitness for its effect (performance) (v2/333–340)
• The Iraqis among our shaykhs
  • B2.07: A command tied to a time: for prayer, time is container, condition and cause (v1/30–36)
  • B2.10: Performance is handing over the very duty; make-up is discharging it with a like; make-up is owed by the original cause (v1/44–48)
  • B2.14: Non-Muslims are addressed by faith, penalties, dealings and the next-world reckoning; whether they must perform acts of worship now is disputed among the Ḥanafīs (v1/73–78)
  • B5.04: One word cannot bear its literal and figurative sense in one referent; two different referents may combine them if the figure does not crowd the literal; apparent cases are "the generality of the figure" (v1/173–177)
  • B5.08: Five things make one leave the literal sense (v1/190–195)
  • B8.09: Mujtahid scholars clear of heresy or open sin count, but mujtahid status binds only in rulings that need specialist knowledge; ⚑ Sarakhsī: concealed hawā counts outside the issue he errs in, concealed fisq counts, open display of either does not; the number need not reach tawātur; not the Companions, Medina or the Prophet's family alone (v1/310–315)
• Anonymous: some or most of our shaykhs / colleagues / later scholars
  • B2.05: The command neither requires nor admits repetition; it yields the least of its kind, with the whole as a possibility (v1/20–25)
  • B2.10: Performance is handing over the very duty; make-up is discharging it with a like; make-up is owed by the original cause (v1/44–48)
  • B2.12: The command makes its object good by the law, not by reason; the unqualified command gives the highest grade of goodness (v1/60–65)
  • B2.13: Capacity conditions performance: minimal capacity for most duties, "facilitating" capacity for some (v1/65–73)
  • B2.14: Non-Muslims are addressed by faith, penalties, dealings and the next-world reckoning; whether they must perform acts of worship now is disputed among the Ḥanafīs (v1/73–78)
  • B3.07: ʿAzīma is the original ruling; rukhṣa is what is permitted for an excuse, in two literal grades (the prohibiting cause remains) and two figurative grades (v1/117–124)
  • B4.03: The general word binds with certainty in all it covers, like the specific; and, per most of our shaykhs, an unspecified general is not specified by a single report or by qiyās (v1/132–143)
  • B5.03: The literal and the figurative are both in the Qurʾān; the figure works like the literal, including generality (v1/170–173)
  • B5.09: The literal sense is the one nearest the word's cause and most informative; it is left when impossible, customarily abandoned or legally abandoned (v1/196–200)
  • B6.04: Fāʾ gives immediate sequence; it can also introduce a lasting cause (v1/207–209)
  • B7.02: Examples of rulings by indication: minimum pregnancy, the father's position, maintenance of kin, fasting and expiation (v1/236–240) [middle OCR-recovered]
  • B7.10: The presupposed and the implied cannot be narrowed; the indicated can, on Sarakhsī's sounder view (v1/254)
  • B7.18: Being joined in one passage does not make rulings equal; wāw between complete sentences is for style, not sharing (v1/273–276)
  • B8.03: The Qurʾān is known only by mass transmission, not by its inimitability; ⚑ minimum recitation; the basmala is a revealed verse between sūras; the Persian-recitation question (v1/279–282)
  • B8.08: The pillar is agreement in word or deed, or its concession: one voice made known and the rest silent, after the question reached them and time to reflect passed (v1/303–310)
  • B8.09: Mujtahid scholars clear of heresy or open sin count, but mujtahid status binds only in rulings that need specialist knowledge; ⚑ Sarakhsī: concealed hawā counts outside the issue he errs in, concealed fisq counts, open display of either does not; the number need not reach tawātur; not the Companions, Medina or the Prophet's family alone (v1/310–315)
  • B9a.04: Number is not required in reports; the Companions' requests for a second witness were caution; ⚑ whether ʿUmar would have accepted Abū Mūsā alone (v1/331–333)
  • B9a.05: Four domains: religious rulings (⚑ ḥudūd), binding claims between people, non-binding dealings, and the partly binding (v1/333–338)
  • B9c.05: Islam is outer (birth and upbringing) and inner (assent); a general description of the faith suffices, against detailed interrogation (v1/352–353)
  • B9c.07: Keeping the wording is better; relating by meaning is allowed after good accuracy, by type of text; the Prophet's "comprehensive words" must be kept verbatim, on Sarakhsī's view (v1/355–357)
  • B9d.06: The unexamined narrator's report is not relied on "in our time"; the sinner's report is not proof in religion, though accepted in dealings of necessity (v1/370–371)
  • B9d.07: The unbeliever's report counts not at all in religion; the child and imbecile are like the unbeliever, not like the sinner (v1/371–373)
  • B9e.02: Hearing: the teacher reading or the student reading back are true hearing; writing and messenger are near it; permission (ijāza) is valid only when the content is known to the recipient (v1/375–379)
  • B10.01: Bayān is making the meaning plain, not the knowledge it produces; it can be by the Prophet's act as well as his word (v2/26–27)
  • B10.05: The disconnected exception means "but" or works as a conjunction; the literal exception is preferred where possible (v2/42–44)
  • B11.01: For the Lawgiver abrogation is pure explanation of a ruling's term; for us it is replacement ("tabdīl"), with no suggestion of God changing His mind (v2/53–54)
  • B11.06: Qiyās and consensus do not abrogate; the Kitāb may be abrogated by a mutawātir or mashhūr sunna and the Sunna by the Kitāb, against al-Shāfiʿī (v2/65–78)
  • B13c.01: A text may be reasoned from only after proof that this text is caused here and now; the presumption that texts are caused is not enough (v2/144–149)
  • B13d.03: What departs from qiyās is not extended: date-drink wuḍūʾ, laughter in prayer, eating while forgetful, building on prayer after ḥadath, forgetting the tasmiya (v2/153–155)
  • B13e.04: The imams reasoned by effective features, and so do we in disputed questions; such reasoning is still qiyās even when the root goes unnamed (v2/188–192)
  • B13g.02: Where istiḥsān is taken, qiyās is dropped entirely, not merely outweighed; it is left by text, consensus or necessity (v2/201–203)
  • B13h.01: A legal cause cannot be "specified": if the ruling fails where the feature exists, the cause itself is absent there or was never the cause; allowing specification leans to Muʿtazilī doctrine (v2/208–215)
  • B14.03: Istiṣḥāb has four kinds: with certain knowledge that nothing changed it, sound; after searching, an excuse and a defence only; before searching, ignorance; to establish a new ruling, pure error (v2/223–226)
  • B14.05: Four kinds of empty reasoning: plainly absurd; by adding a feature to the root; by a disputed feature; by absence of a feature (v2/228–231)
  • B18.04: Four kinds of cause (sabab): figurative, pure, with a likeness to an effective cause (ʿilla), and in the meaning of an ʿilla (v2/304–312)
  • B18.05: Six kinds of effective cause (ʿilla), by name, meaning and effect (ḥukm) (v2/312–320)
  • B18.06: Six kinds of condition (pure; in the ruling of an ʿilla; resembling an ʿilla; in the meaning of a sabab; in name only; a sign) and four kinds of sign (v2/320–332)
  • B19.02: Two views among our shaykhs on whether God's rights are owed from birth; Sarakhsī's middle way: obligation needs cause, seat, and fitness for its effect (performance) (v2/333–340)
  • B19.04: Dealings: pure benefit is valid by limited capacity; pure harm needs complete capacity; mixed dealings are valid with the guardian's opinion (v2/346–353)

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