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school and its founder was by no means limited to the Shafi ites. Itis not uncommon, for instance, to find Hanbalite opinions that havebeen derived through takhrij from exclusively Hanafite, Malikite and/orother sources.21 But if the activity of takhrij routinely involved dippinginto the doctrinal reservoir of other schools, the Shafi ites couldbe considered the prime innovators, for, as Tufi testifies, they wereparticularly given to this activity.22But the Hanafites were not far behind. In the hierarchical taxonomyof Hanafite law, there exist three levels of doctrine, eachlevel consisting of one or more categories. The highest level of authoritativedoctrine, known as zahir al-riwayah or masa il al-usul, is foundin the works of the three early masters, Abu Hanifah, Abu Yusufand Shaybani.23 What gives these works the authority they enjoy is326 WAEL B. HALLAQthe perception that they were transmitted through a large numberof channels by trustworthy and highly qualified jurists. A marginalnumber of cases belonging to this category of doctrine are attributedto Zufar and al-Hasan b. Ziyad. The second level is termedmasa'il al-nawadir, a body of doctrine also attributed to the three mastersbut without the sanctioning authority either of highly qualifiedtransmitters or a large number of channels of transmission.24 Thethird level consists of what is termed waqiat or nawazil, cases thatwere not addressed by the early masters and that were solved bylater jurists. These cases were new and the jurists who were "askedabout them" and who provided solutions for them "were many".25Of particular significance here is the fact that the great majority ofthese cases were solved by means of takhnj.26 Among the names associatedwith this category of Hanafite doctrine are lsam b. Yusuf (d.210/825), Ibrahim Ibn Rustam (d. 211/826), Muhammad b. Sama ah(d. 233/848), Abu Sulayman al-Juzajani (d. after 200/815), AhmadAbu Hafs al-Bukhan al-Kabir (d. 217/832), Muhammad b. Salamah(d. 278/891), Muhammad b. Muqatil (d. 248/862 ?), Nasir b. Yahya(d. 268/881), and al-Qasim b. Sallam (d. 223/837).27That takhnj was extensively practised over the course of severalcenturies is a fact confirmed by the activities and writings of juristswho flourished as late as the seventh/thirteenth century.28 Althoughthe activity itself was known as takhnj, its practitioners in theShafi ite school became known as ashab al-wujuh.29 In the Hanafite,TAKHRIJ AND THE CONSTRUCTION OF JURISTIC AUTHORITY 327Malikite and Hanbalite schools, however, the designation ashab altakhrijpersisted, as attested in the terminological usages of biographicaldictionaries and law manuals. In addition to the names we havealready mentioned, the following is a list of jurists who are describedin these dictionaries as having seriously engaged in takhrij:1. The Shafi ite Ibrahim al-Muzani, whose takhnj was so extensivethat the later Shafi ite jurists distinguished between those of hisopinions that conformed to the school's hermeneutic (and were thusaccepted as an important part of the school's doctrine), and thosewhich were not.30 These latter, however, were still significant enoughto be considered by some jurists sufficient, on their own, to formthe basis of an independent madhhab?312. Ali Ibn al-Husayn Ibn Harbawayh (d. 319/931), claimed bythe Shafi ites, but a student of Abu Thawr and Dawud Ibn Khalafal-Zahiri.323. Muhammad b. al-Mufaddal Abu al-Tayyib al-Dabbl (d. 308/920),a student of Ibn Surayj and a distinguished Shafi ite.334. Abu Sa id al-Istakhri (d. 328/939), a major jurist of ashdb alwujuh.345. Zakariya b. Ahmad Abu Yahya al-Balkhi (d. 330/941), "oneof the distinguished Shafi ites and of the ashab al-wujuh".356. The Hanbalite Umar b. al-Husayn al-Khiraqi (d. 334/945),who engaged extensively in takhrij but whose writings containing hismost creative reasoning were destroyed when his house was reportedlyconsumed by fire.36 His Mukhtasar, however, which survived himlong enough to have an influence, contained many cases of his takhrijwhich he nonetheless attributed to Ibn Hanbal.37328 WAEL B. HALLAQ7. The Shafi ite Ali b. Husayn Abu al-Hasan al-Juri (d. ca.330/941), considered one of the ashab al-wujuh.388. Zahir al-Sarakhsi (d. 389/998), a major Shafi itejurist. Yet,despite being one of the ashab wujuh., little of his doctrine, accordingto Nawawi, was transmitted.399. The Hanafite Muhammad b. Yahya b. Mahdi Abu Abd Allahal-Jurjani (d. 398/1007), the teacher of Quduri and Natifi, who wasdeemed one of the ashab al-takhrij.4010. Abd Allah b. Muhammad al-Khawarizmi (d. 398/1007), oneof the ashab al-wujuh and considered a leading jurist of the Shafi iteschool.4111. Yusuf b. Ahmad Ibn Kajj (d. 405/1014), a prominent Shafi itejurist who is considered one of the most exacting of the ashab alwujuh(min ashab al-wujuh al-mutqinin).4212. Abd al-Rahman Muhammad al-Furani Abu al-Qasim al-Marwazi (d. 461 /1068), who is described as having articulated "goodwujuh" in the Shafi ite madhhab (wa-lahu wujuh jayyidah fi al-madhhab}.4313. al-Qadl Husayn b. Muhammad al-Marwazi (d. 462/1069), amajor figure in the Shafi ite school and one of ashab al-wujuh.4414. Abd al-Rahman Ibn Battah al-Fayrazan (d. 470/1077), aHanbalite jurist who is said to have engaged in takhrij in a varietyof ways (kharraja al-takhanj).4515. Abu Nasr Muhammad Ibn al-Sabbagh (d. 477/1084), consideredby some as an absolute mujtahid and a towering figure ofashab al-wujuh in the Shafi ite school.4616. The Malikite Abu Tahir b. Bashir al-Tanukhi (d. after 526/1131),whose takhrij was said by Ibn Daqiq al- ld to be methodologicallydeficient.47TAKHRIJ AND THE CONSTRUCTION OF JURISTIC AUTHORITY 32917. The famous Hanafite jurist and author Burhan al-Din al-Marghfnanf (d. 593/1196), the author of the widely known al-Hidayahand one of the ashab al-takhrij.48
The biographical works took special notice not only of those who
engaged in takhrij, but also of those who specialized in or made it
their concern to study and transmit the doctrines and legal opinions
derived through this particular juristic activity. We thus find that
Ahmad b. Alf al-Arani (d. 643/1245), a distinguished Shafi ite,
excelled in the transmission of the wujuh that had been elaborated
in his school.49 Similarly, the biographers describe the Shafi ite Uthman
b. Abd al-Rahman al-Nasri (d. 643/1245) as having had penetrating
knowledge (basiran) of the doctrines elaborated through takhrij?50
Tuft's remark that the Shafi ites engaged in takhrij more than did
the other schools is confirmed by our general survey of biographical
works. In Ibn Qadi Shuhbah's Tabaqat, for instance, there appear
some two dozen major jurists who engaged in this activity, only a
few of whom we have listed above.51 Our survey of the biographical
dictionaries of the four schools also shows that the Shafi ites and
Hanbalites could each boast a larger number of jurists who engaged
in this activity than the other two schools combined.52 On the other
hand, of all four schools, the Malikites are said to have engaged in
this activity the least.53
The Shafi ite involvement in takhrij seems to have reached its zenith
in the fourth/tenth and fifth/eleventh centuries, the last jurists associated
with it, according to Ibn Abi al-Damm, having been Mahamili
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