Traditionalists condemned qiyas, the principle of analogy, for a similar tendency, namely that it could evidently be used to evade the strict requirements indicated by hadith. It was the early Mu'tazili alNazzam (d. 220-330/835-845), it is true, who declaimed a poem on AbU.Yusuf's grave predicting that, had he lived, he would have made virgins and boys licit with his qiyas. 42 But Malik (d. Medina, 179/ 795) was remembered as telling his disciples of Abu J:Ianifah, "If he came to your columns, here, and tried to persuade you with his qiyas that they were wood, you would think that they were wood. "43 Ja'far al-Firyabi (d. 301/913) related in 232/846-847 that Mu~?.ammad had warned that the worst of the seventy-odd Islamic sects would be that which used analogy according to ra 'y, making licit what was forbidden and forbidding what was licit.44 This hadith report found its way into none of the Six Books, but 30,000 turned out to hear al-Firyabi when he visited Baghdad almost seventy years later: plainly, his low opinion of jurisprudence by ra 'y did not make him unpopular. 45 Several traditionists also transmitted it from the Egyptian Ibn Wahb (d. Old Cairo, 197/813).46 Sometimes, traditionists accused Abu J:Ianlfah and his followers of simply setting aside known hadith reports in favor of personal opinion. From Sufyan ibn 'Uyaynah (d. Mecca, 198/814) is often quoted the story of how Abu J:Iamfah would make up a hypothetical example in order to dismiss a prophetic hadith report. "He heard that I related of the Prophet ... that he said, 'The buyer and seller are at option (to annul a sale) so long as they have not parted.' Abu J:Ianifah said, 'What if they are on a boat: then how can they part?"'47 On this account Ahmad ibn Hanbal declared, "There is no qiyas in the Sunnah, and and examples are not to be made up for it. "48 An important Kufan transmitter from Sufyan al-Thawri, Waki' ibn al-Jarra~?. (d. Fayd, 197/812), reported, "I have found Abu J:Ianifah to differ with 200 hadith reports from the Messenger of God. "49 Al-Shafi'I looked through 180 folios written by Abu J:Ianifah and his a~!Jab, and found eighty that differed with the Book and the Sunnah.50 More simply, traditionalists might reproach the adherents of ra 'y with ignorance, specifically with having no sound basis of action. The Basran traditionist al-Shadhaki1ni told the story that Mu~?.ammad ibn 'AbdAllah al-Ansari (d. Basra, 215/830?) once received 50,000 dirhams from the caliph al-Ma'mun to distribute among the jurisconsults of Basra. Hilal al-Ra'y (d. Basra, 245/859-860) considered that the money should go to his students, but Mu~?.ammad al-An~ari insisted it was for his. Finally, Mu~?.ammad challenged Hilal to give the chain of transmitters on whose authority he pronounced the shahiidah (his testimony that there was no god but God, and that Mu~?.ammad was the Messenger of God). When he could not, Mu~?.ammad expressed his disgust and distributed the money among his own students.51 The traditionalists were bothered, too, by Abu J:Ianifah's willingness to change his position. They quoted the Khurasani traditionist Abii J:Iamzah al-Sukkari (d. 167/783-784?) as relating,
I went to Abu Hanifah and asked him about some questions. I went
away for some twenty years, then went to him, and lo, he had gone
back on those questions. I had given them to people as my juridical
opinions (aftaytu bi-hti at-ntis). I told him of this. He said, "We see
one view (nard al-ra'y), the next day we see another and take it
back."
Abii J:Iamzah was upset and said, "What a wretched man you are. "52
When someone complained that the qadi J:Iaf~ ibn Ghiyath (d. Kufa, 194/809-810?) was taking too long, he replied, "I saw Abii J:Ianifah state ten positions, then go back on them: why do you rush me?"53 The later I:Ianafiyah were bothered, as well, for they related a similar story from Ibn al-Thalji of someone who had heard Abii I:Ianifah answer
some juridical questions, then returned ten years later to find him giving different answers to the same questions. A friend explained to Ibn al-Thalji, "This indicates the breadth of his knowledge: if his knowledge were narrow, his answer would be one, but his affair is broad and so he treats it however he likes. "54 Plainly, the Baghdadi traditionalists felt otherwise. Finally, the traditionalists blamed Abii I:Ianifah for want of humility. They quoted Sufyiin al-Thawri as saying, I have never seen anyone more bold before God than AbU I:Ianifah. A man of Khurasan came to him and said, "I have come to you with a hundred thousand questions that I should like to ask you about." He said, "Bring them here." Have you seen anyone more bold before God than this?55 By contrast, when a man told Malik he had travelled for six months, charged by the people of his city with asking him a question, Malik listened to the question but would not give an answer, saying only "I am not good at this."56 Al-Shafi'I was quoted admiringly of Sufyan ibn 'Uyaynah, "I have not seen anyone who more steadfastly refused to give juridical opinions. "57 Baghdadi traditionalists would go so far as to allege that Abii I:Ianifah had accused the Companion and caliph 'Umar of being mistaken, or mused that had he met the Prophet, or the Prophet him, the Prophet would have learnt a great deal!58 Only occasionally did the traditionalists blame af!!Ji'ib al-ra 'y for deficiencies in their style of piety
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