Principles of Islamic Jurisprudence by MH kamali

In addition the report must be free of subtle errors

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Unformatted text preview: risprudence ~ Kamali 75 [122. The three Imams, Abu Hanifah, al-Shafi'i and Ahmad b. Hanbal rely on Ahad when it fulfills the foregoing conditions. Abu Hanifah, however, has laid down certain additional conditions, one of which is that the narrator's action must not contradict his narration. It is on this ground, for example, that Abu Hanifah does not rely on the following Hadith, narrated by Abu Hurayrah: 'When a dog licks a dish, wash it seven times, one of which must be with clean sand." [125. Muslim, Sahih Muslim, p. 41, Hadith no. 119.] Abu Hanifah has explained this by saying that Abu Hurayrah did not act upon it himself. Since the requirement of washing is normally three times, the report is considered weak, including its attribution to Abu Hurayrah. [126. Abu Zahrah, Usul, p. 85.] The majority, on the other hand, take the view that discrepancies between the action and the report of a narrator may be due to forgetfulness or some other unknown factor. Discrepancies of this kind do not, by themselves, provide conclusive evidence to render the report unreliable. The Hanafis further require that the subject matter of Ahad is not such that would necessitate the knowledge of a vast number of people. If, for example, we are informed, by means of a solitary report, of an act or saying of the Prophet which was supposed to be known by hundreds or thousands of people and yet only one or two have reported it, such a Hadith would not be reliable. The Hadith, for example, that 'Anyone who touches his sexual organ must take a fresh ablution', [127. Tabrizi, Mishkat, I, 104, Hadith no. 319.] is not accepted by the Hanafis. The Hanafis have explained: had this Hadith been authentic, it would have become an established practice among all Muslims, which is not the case. The Hadith is therefore not reliable. The majority of ulema, however, do not insist on this requirement on the analysis that people who witness or observe an incident do not necessarily report it. We know, for example, that countless numbers of people saw the prophet performing the pilgrimage of hajj, and yet not many reported their observations. [128. Hitu, Wajiz, p. 302; Badran, Usul, p. 95.] Principles of Islamic Jurisprudence ~ Kamali 76 And finally, the Hanafis maintain that when the narrator of Ahad is not a faqih, his report is accepted only if it agrees with qiyas, otherwise qiyas would be given priority over Ahad. However, if the narrator is known to be a faqih, then his report would be preferred over qiyas. It is on this ground, for example, that the Hanafis have rejected the Hadith of musarrat, that is the animal whose milk is retained in its udders so as to impress the buyer. The Hadith is as follows: 'Do not retain milk in the udders of a shecamel or goat so as to exaggerate its yield. Anyone who buys a musarrat has the choice, for three days after having milked it, either to keep it, or to return it with a quantity [i.e. a sa'] of dates. Muslim, p. 248, Hadith no. 928.] The Hanafis regard this Hadith to be contrar...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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