Principles of Islamic Jurisprudence by MH kamali

The first point to ascertain in a discrepancy of this

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Unformatted text preview: onflict and both versions may be accepted as they are. But if it is established that the different versions all originated in one and the same meeting, then normally the version which is transmitted by more narrators will prevail over that which is variantly transmitted by one, provided that the former are not known for errors and oversight in reporting. Consequently, the additional part of the Hadith which is reported by a single transmitter will be isolated and rejected for the simple reason that error by one person is more likely in this case than by a multitude. But if the single narrator who has reported the addition is an eminently reliable person and the rest are known for careless reporting, then his version will be preferred, although some ulema of Hadith do not agree with this. Additions and discrepancies that might be observed in the isnad, such as when a group of narrators report a Hadith as a Mursal whereas one person has reported it as a Musnad (that is, a Muttasil, or continous) - will be determined by the same method which applies to discrepancy in the text. However, sometimes the preference of one over the other version may be determined on different grounds. To give an example, according to one Hadith, 'Whoever buys foodstuff is not to sell the same before it is delivered to him.' However, according to another report the Prophet has issued a more general instruction according to which the Muslims are forbidden from selling that which they do not have in their possession. Principles of Islamic Jurisprudence ~ Kamali 79 The Hanafis have preferred the second version, as it is conveyed in broader terms which comprise foodstuffs as well as other commodities. Khudari, Usul, p. 233; Hitu, Wajiz, pp. 318-319.] [136. Tabrizi, Mishkat, II, 863, Hadith no. 2844; Ibn Majah, Sunan, II, 737, Hadith no 2187; II. The Discontinued Hadith (al-Hadith Ghayr al-Muttasil) This is a Hadith whose chain of transmitters does not extend all the way back to the Prophet. It occurs in three varieties: Mursal, Mu'dal and Munqati'. The Mursal, which is the main variety of discontinued Hadith, is sometimes also referred to as Munqati'. The Mursal is defined as a Hadith which a Successor (tabi'i) has directly attributed to the Prophet without mentioning the last link, namely the Companion who might have narrated it from the Prophet. This is the majority definition. The Hanafis, however, have defined Mursal as a Hadith that a reliable narrator has attributed to the Prophet while omitting a part of its isnad. The missing link may be a Companion or even a Successor, according to the majority, but it may be a narrator among the second generation of Successors according to the Hanafis. Since the identity of the missing link is not known, it is possible that he might have been an upright person, or not. Because of these and other similar doubts in its transmission, in principle, the ulema of Hadith do not accept the Mursal. [137. Hitu,Wajiz, p. 316; Khudari, Usul, p.229; Abu Zahrah, Usul, p.86.] According to al-Shawkani, 'The majority of u...
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