The Kitāb al-Aṣl of Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805) and its Riwāyas (Recensions)

Abstract This essay is a preliminary study of some aspects of the transmission of Kitāb al-Aṣl by Muḥammad b. al-Ḥasan al-Shaybānī. The essay examines information, preserved in later, mainly Ḥanafī works, about two major riwāya s of al-Aṣl , and analyses some points of doctrine on which they differ. These differences are shown to be substantial, as emerges from biographical sources. Given the divergence from each other and also, in one instance, from a third riwāya , I propose that the two riwāya s do not represent the content of a single original text. They may reflect either different stages in the development of a text that was still fluid, or else doctrinal changes that were introduced into a fixed text by its transmitters. The disparity between the riwāya s must be taken into consideration in any attempt to reconstruct the teachings and history of Kitāb al-Aṣl.

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Publication Details

Journal
Islamic Law and Society
Published
2025-02-19
DOI
https://doi.org/10.1163/15685195-bja10064
Primary Topic
Archaeology and Historical Studies
Type
article
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article

The Kitāb al-Aṣl of Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805) and its Riwāyas (Recensions)

Nurit Tsafrir
Islamic Law and Society
Archaeology and Historical Studies
article

The Kitāb al-Aṣl of Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805) and its Riwāyas (Recensions)

Nurit Tsafrir
article en

Abstract

Abstract This essay is a preliminary study of some aspects of the transmission of Kitāb al-Aṣl by Muḥammad b. al-Ḥasan al-Shaybānī. The essay examines information, preserved in later, mainly Ḥanafī works, about two major riwāya s of al-Aṣl , and analyses some points of doctrine on which they differ. These differences are shown to be substantial, as emerges from biographical sources. Given the divergence from each other and also, in one instance, from a third riwāya , I propose that the two riwāya s do not represent the content of a single original text. They may reflect either different stages in the development of a text that was still fluid, or else doctrinal changes that were introduced into a fixed text by its transmitters. The disparity between the riwāya s must be taken into consideration in any attempt to reconstruct the teachings and history of Kitāb al-Aṣl.

Islamic Law and SocietyVol. 32(1-2)
Tel Aviv University (IL)
Openalex Percentile: Top 95%
Archaeology and Historical Studies
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