Hanefî mezhebi imamlarından aktarılan mesâil, bilgi ve kaynak değeri açısından temelde usul ve nevâdir veya sonraki kavramsal ifadesiyle zâhirü’r rivâye ve gayru zâhiri’r rivâye olmak üzere ikiye ayrılır. Bu iki temel kavramdan usulü oluşturan eserler doğrudan mezhep imamları tarafından telif edildiğinden bu eserlerin hangileri olduğu ve içerisinde ne tür mesâilin bulunduğu noktasında mezhep tarihinde çok farklı görüş bulunmamaktadır. Öte yandan mezhep imamlarının usulde geçmeyen görüşlerini kayıt altına almak için genelde talebeleri tarafından nevâdir adıyla aktarılan mesâil ile bunların yer aldığı eserlerin tespit, tasnif ve mahiyeti konusu tam olarak ortaya konulabilmiş değildir. Makale, Hanefî mezhebi literatüründe önemli bir yer tutan fakat ikisi hariç hepsi kayıp durumdaki bu nevâdir eserlerinin tespit, tasnif ve tanıtımına yoğunlaşmıştır.
Ḥanafī jurisprudential books written until the mid-fifth/eleventh century devel¬oped four basic concepts in order to identify issues transmitted from the masters of the Iraqi schools and sources: uṣūl (al-Aṣl/al-Mabsūṭ), jāmi‘ayn ( al Jāmi‘ al-ṣaghīr and al Jāmi‘ al-kabīr), amālī and nawādir. Among them, Uṣūl and Nawādir maintained greater salience.
The first of these two concepts, uṣūl, covers the issues discussed in the circle led by the head of the school, Abū Ḥanīfa, and the books on these issues. Shaybānī reorganized these Uṣūl books by adding them his own opinions and those of Abū Yūsuf and Zufar. These books, except for a few of them, have survived through the present under the title al-Aṣl/al-Mabsūṭ.
The second concept, nawādir, refers to the books recorded by the students of the school masters of the opinions proposed by Abū Yūsuf and Shaybānī, espe¬cially the ones that are not included in Uṣūl books. In other words, nawādir are those books on issues recorded by the students in particular. They may include the masters’ interpretations, responses to questions and some of their theological views. Among nawādir books, only the text written by Mu‘allā b. Manṣūr remains preserved in its entirety. In addition, a book, Nawādir al-ṣiyām, attributed to Shaybānī, remains as a part of al-Aṣl.
Amālīs are books that include issues on which Abū Yūsuf and Shaybānī expressed their opinions without being bound by the limits of uṣūl. They may cover issues discussed in nawādir. We have now only a small amālī that belongs to Shaybānī.
The importance of amālīs comes from the fact that they also include nawādir. Almost all of the transmitters of nawādir accounts participated in the circles of amālī headed by Abū Yūsuf and Shaybānī, which shows that the issues of nawādir were discussed in the Amālī circles. The students participating in the amālī circles collected the issues they heard from Abū Yūsuf and Shaybānī, except for the ones included in the uṣūl, and created the nawādir literature based on these collections. The only person who transmitted nawādir issues from Abū Yūsuf and Shaybānī in separate books was Muḥammad ibn Samā‘a, who was also the transmitters of the content of both masters’ amālī circles.
19 books from Nawādir literature that cover the new ideas of Abū Yūsuf and Shaybānī that were not included in uṣūl have been identified. The nawādir issues in these books usually belong to Abū Ḥanīfa, Abū Yūsuf, Shaybānī and Zufar, and more particularly to Abū Yūsuf and Shaybānī. In addition, the nawādir books of Bishr ibn Ghiyāth, ‘Ῑsā ibn Abān and Muḥammad ibn Shujā‘ include the opinions of the school’s masters as well as the authors’ own opinions. The ideas of some important students of the school’s master, Abū Ḥanīfa, such as Ḥasan ibn Ziyād, did not receive space in uṣūl, nor did they have any personal nawādir books. Some books of Ziyād, like al-Mujarrad, were considered nawādir in later peri¬ods, but this was related to the different definition of nawādir at the time, so it should not be considered as fitting properly into the nawādir category. Although Muḥammad ibn Muqātil’s opinions are not recorded in uṣūl, they are kept in a separate nawādir volume. As a student of Shaybānī, Ibn Muqātil’s ideas were collected in a book under the title of nawādir. Although this book, lost now, is referred to as nawādir, according to research, the book is composed of answers to the questions posed to Ibn Muqātil. Therefore, it was the first example of a distinct literature that became called fatāwā.
Once classified according to the person they belonged to, nawādir books include 10 nawādir volumes for Shaybānī’s opinions, 7 for Abū Yūsuf ’s opinions, one for Zufar and one for Ibn Muqātil.
Shaybānī’s nawādir books are the following: Nawādir al-ṣalāt li-Muḥammad ibn al-Ḥasan, Nawādir al-zakāt li-Muḥammad ibn al-Ḥasan, Nawādir al-ṣiyām li-Muḥammad ibn al-Ḥasan, Nawādir Hishām ibn ‘Ubaydallāh al Rāzī (d. 221/836), Nawādir Ibrāhīm ibn Rustam (d. 211/827), Nawādir Muḥammad b. Samā‘a (d. 233/848), Nawādir Dāwūd b. Rushayd (d. 239/854), Nawādir ‘Ali ibn Yazīd (d. after 191/807), Nawādir Abū Sulaymān al Juzjānī (d. 200/816) and Nawādir ‘Ῑsā ibn Abān (d. 221/836).
Abū Yūsuf ’s Nawādir books are the following: Nawādir Mu‘allā ibn Manŝūr (d. 211/826), Nawādir Abī Yūsuf rivāya Muḥammad ibn Samā‘a (d. 233/848), Nawādir Bishr ibn al Walīd (d. 238/853), Nawādir Abī Yūsuf rivāya Ali ibn al Ja‘d (d. 230/845), Nawādir Muḥammad b. Shujā‘ al-Thaljī (d. 266/880), Nawādir Bishr b. Ghiyāth (d. 218/833), Nawādir Abī Yūsuf (d. 182/798).
Primary Language | Turkish |
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Subjects | Religious Studies |
Journal Section | Makaleler |
Authors | |
Publication Date | July 11, 2020 |
Published in Issue | Year 2020 Issue: 44 |