introduction to hanbali madhhab
TRANSCRIPT
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Abu Bakr B. Nasir
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This is an introduction to the Hanbali madhhab. For this, I am making use of
the introduction to the madhhab by Sh. Muhammad al-Habdan in his
introduction to his Tahqiq ofZad al-Mustaqni'(pp. 15-34, Dar al-Jawzi print).
He has made an extremely brief presentation summarized from al-Madkhal al-
Mufassal Ila Fiqh al-Imam Ahmad b. Hanbal Wa Takhrijat al-Ashab by Sh. Bakr
Abu Zayd, may Allah have mercy on him. I am also making recourse to the
work of Sh. Bakr and also the Madkhal of ibn Badran (which Sh. Bakr himselfreferred to extensively), amongst other works.
History of the Beginning of Madhhabs
The beginning of madhhabs can be traced back to before the era of the famous
Imams. For example, we find the people of Madina relying on the fatawa of ibn
Umar, the people of Makkah on the fatawa of ibn Abbas, and the people of
Kufa on the fatawa of ibn Mas'ud.
The Types of Fiqh Addressed in Every Madhhab
(1) The ahkam of Tawhid. It would be incorrect to say about such ahkam that it
is according to such-and-such madhhab, because these are definitive rulingsagreed upon by the Ummah.
(2) Definitive juristic rulings. Such rulings can also not be referrred to as the
madhhab of a particular Imam. Therefore, one would not say, "The madhhab
of so-and-so is that the five prayers are obligatory"!
(3) Rulings based on ijtihad, coming from the Imam himself by way of
narrations or indications (tanbihat).
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(4) Rulings based on ijtihad, derived by the scholars of the madhhab by
extracting them based on the established rulings of the madhhab on other
issues. This is known as takhrij. Such rulings fall under what can be known as
the madhhab istilahi. These rulings were not made by the Imam but can
appropriately be considered to be part of the official 'madhhab'.
(5) Rulings based on ijtihad dervied the scholars of the madhhab by practicing
ijtihad in deriving the rulings without attempting to make takhrij on the
madhhab.
*******
Al-Shatibi states, "The Shari'a has not specified rulings for every individual
issue in particular. It provides general rulings and broad expressions that
address innumerable scenarios."
*******
Ikhtilaf
Ibn Taymiyya states in al-Fatawa 14/159, "Disputing ahkam could be a mercy if
it does not lead to a tremendous evil such as the ruling being concealed. For
his reason, when a man authored a book which he entitled, Kitab al-Ikhtilaf,
Ahmad said, 'Call it Kitab al-Sa'ah (i.e. ease, accommodation)'. 'Umar b. 'Abd
al-'Aziz used to say, 'I would not like it had the Companions of Allah's
Messenger ( ) never disagreed, because if they agreed on
something and someone differed with them, he would be astray. However, if
they differed, and one person adopted the opinion of one, and another
adopted the opinion of the other, there would be ease (sa'ah) in the matter."
*******
Causes of Error in Counting Opinions as the Imam's Madhhab
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(1) Relying on an opinion he retracted
(2) Not paying attention to the manner in which he qualifies a statement or
makes it absolute.
(3) Additions from some of the scholars of the madhhab
(4) Relying on books that have been criticized in the madhhab
(5) Misunderstanding. Ibn Rajab (al-Qawa'id, 169) states about Abu Bakr 'Abd
al-'Aziz, known as Ghulam al-Khallal, "Abu Bakr frequently would narrate the
words of Ahmad by the meaning he understood as a result of which great
distortion would result. He fell into this sort of thing greatly in the bookZad al-
Musafir."
(6) Combining two narrations when they should be distinguished as separatenarrations, or the reverse.
(7) Distortion or misreading (Tashif) in the text of a narration.
(8) Using unreliable manuscripts.
(9) The Imam might express an opinion, and then one of the scholars of the
madhhab might further qualify it, and then the one transmitting this
information might attribute all back to the Imam.
One example of an error is the issue of fasting the thirtieth of Sha'ban due to
clouds. It is attributed to him that fasting this day is obligatory, but this has no
basis in his words, nor in those of his companions. His expressed view was that
it is recommended as concluded by ibn Taymiyyah (al-Fatawa, 25/99).
In summary, it is important to know the methods by which the true position of
the madhhab - and in particular, the Imam - can be known, and to exercise
great care in applying them. Sh. Bakr has devoted a work to this topic which helater incorporated into his book, al-Madkhal Li Fiqh al-Nawazil: al-Qadaya al-
Mu'asira because many contemporaries, when making ijtihad concerning
nawazil, will make takhrij from an opinion that was attributed to an Imam
erroneously.
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Stages of the Madhhabs Development
(1) Laying the foundations
It goes without saying, that Imam Ahmad was one of the greatest Imams of
Hadith in the history of I slam, and his Musnadis the most comprehensive
compendium of Hadith written by any major hadith scholar. As a result he was
sought out by students far and wide. The students in his lessons with pen and
ink writing down would be no less than five hundred, and the total number of
attendees would be much more. His lessons would also be filled with people
seeking fatwa and asking questions, as a result of which, his lessons were not
merely lessons of Hadith but lessons of Fiqh as well.
It goes without saying that the Madhhab got its start with Imam Ahmads
lessons and with his students writing down his answers to questions. The
books gathering his answers to questions number about 200. This is on top of
the 30 different works that the Imam himself wrote, some short and some
long.
Many of his students would go on to teach Fiqh themselves, to become Qadis,
and to be sought out by students from around the Muslim world, which lead to
their writings spreading far and wide.
(2) The Stage of Transmission and Development
In this stage, the scholars of the Madhhab began compiling the masailof
Ahmad, arranging them, and formulating the madhhab. One of the mostnotable works that paved the way for this process is al-Jami Li Ulum Ahmadby
Abu Bakr al-Khallal (311 H). Unfortunately, this work has not survived down to
our times, at least not in its entirety.
The scholars of the Hanbali madhhab are usually divided by the scholars into
three eras: mutaqaddimin, mutawassitin, and mutaakhirin.
The scholars of these first two stages would encompass the era of the
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mutaqaddimin, the last of whom is al-Hasan b. Hamid (403 H).
(3) The Stage of Formulation and Redaction
With the end of the last two stages, the books ofriwayah were recorded and
standardized in works such as al-Jamiof al-Khallal andJami al-Madhhab by al-
Hasan b. Hamid. This was accompanied by the writing of manuals, the first of
which being the Mukhtasar al-Khiraqi.
The work of redaction of the Madhhab was undertaken by the major scholars
from the Mutawassitin, starting with Abu Yala, the student of al-Hasan b.
Hamid, and ending with al-Burhan ibn Muflih (884 H). I t also encompassesscholars from the Mutaakhirin, starting with the muhaqqiq of the madhhab,
Ala al-Din al-Mardawi (885 H).
(4) The Settling of the Madhhab
This stage starts from during the period of the mutaakhirin until the modern
age. We could also look at this stage as the stage of relying on the books of the
Madhhab. It is rare for the scholars of this stage to engage in takhrijor
verification of the madhhab.
This stage eventually leads into the final stage:
(5) Revival of the Legacy
This stage begins in the modern age with the advent of modern mass printing,and continuous efforts in formal academia and by independent researchers
to publish and edit the classical works. Over 250 classical works of the Hanbali
Madhhab have been published in this period as detailed by Sh. Bakr in the f inal
section of his Madkhal.
Ahmads Five Basic Juristic Principles
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As Abuz-Zubair stated:
Despite being an exceptional jurist, Imam Ahmad detested that his opinions be
written and compiled, fearing that it may swerve his students away from
studying the sources of Law, the Quran and the Sunnah. Yet, as Ibn al-Jawzi
comments, Allah knew the sincerity in his heart and raised around him faithful
students who would record his opinions, such that an independent school of
jurisprudence and theologywas formed and attributed to Imam Ahmad.
Imam Ahmad employed exceptional caution while formulating juristic opinions
and issuing verdicts, and would frequently warn his students of speaking in a
matter in which you have no reputable predecessor. This prudent attitude is
clearly demonstrated in the thought process applied by Ahmad in
extrapolation of laws from the divine sources.
Ibn al-Qayyim has given an excellent and brief yet comprehensive explanation
of the fundamental juristic principles (Usul) of Ahmad in Ilam al-Muwaqqiin
(1/28-33), so I will leave it to him to explain those principles:
And in the City of Peace (Baghdad)[1], there was a great number ofmuftis.
When [the Khalifah] al-Mansr built it, he had a great number of Imms,
jurists, and traditionists brought there. One of the most notable muftis was
Ab Ubayd al-Qasim b. Sallam; he was a mountain into which a soul had been
blown in respect to knowledge, greatness, nobility, and character. Another of
them was Abu Thawr Ibrahim b. Khalid al-Kalbi, the disciple of al-Shafii. He had
sat with al-ShafiI and taken from him. Ahmad used to revere him and he
would say, He is like al-Thawri.
Also present there was the absolute Imam ofAhl al-Sunnah, Ahmad b. Hanbal,
who filled the earth with knowledge, Hadith, and Sunnah, to the extent that
the Imams ofHadith and Sunnah after him are his followers until the Day of
https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn1https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn1https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn1 -
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Resurrection. Furthermore, he may Allah be pleased with him - had an
extreme dislike for the authorship of books, and he liked that Hadith should be
written alone (without comments). He disliked that his words should be
written down, and it would weigh heavily upon him. However, Allh knew his
noble intention and so it came to pass that more than thirty volumes of his
statements and hisfatawa were written down. Allah, subhanahu, has blessed
us to have acquired most of them such that we missed only a little. Al-Khallal
collected his statements in al-Jami al-Kabirand they reached about twenty
volumes or more, and his verdicts (fatawa) and his legal answers (masail)were
narrated and transmitted century after century. Thus, he became an Imam and
a role model forAhl al-Sunnah across their varying classes, to the extent that
even those mujtahids who differ with his madhhab and the muqallids whofollow someone else hold his statements and hisfatawa in great esteem and
acknowledge their status and their closeness to the Divine Texts and the
fatawa of the Companions. Anyone who considers hisfatawa and thefatawa
of the Companions will realize how they accord with one another. He will see
that all have issued from the same source, to the extent that if there were two
opinions amongst the Companions on an issue, there will be two narrations
from him concerning that issue. He would seek out thefatawa of the
Companions in the same fashion that his followers seek out hisfatawa and
statements, or even more so. So much so that he even puts theirfatawa
before mursal hadiths. Ishaq b. Ibrahim b. Hani states in his Masail, I asked
Ab Abd Allh (Ahmad b. Hanbal), Which do you prefer: a mursaltradition
from Allahs Messenger ( ) with reliable narrators, or a muttasil
tradition from the Companions and Tabiin with reliable narrators? Abu Abd
Allah responded, From the Companions is preferable to me.
Hisfatawa were based on five fundamentals:
Firstly, the Divine texts (nusus); if he found a text, he would givefatwa
according to it, and he would pay no heed to anything that opposed it nor
anyone, no matter who he may be. This is why he ignored the dissent of Umar
concerning
-the woman who has received the final divorce, because of the hadith of
Fatimah b. Qays;
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-and concerning tayammum due to sexual defilement, because of the hadith of
Ammar b. Yasir;
-and also his disagreement concerning the pilgrim keeping on the perfume he
applied before entering ihram,because of the authenticity of Aishahs hadithon that issue;
-his not allowing the mufridand the qarin to void their rite and make it
tamattu, because the hadiths for that are authentic.
Likewise, he did not give any consideration to the opinion of Ali, Uthman,
Talha, Abu Ayyub, and Ubayy b. Kab that there is no ghuslfor intercourse
without ejaculation, because of the authentic hadithof Aishah that she and
Allahs Messenger ( ) would bathe due to that. He also did not
give consideration to the opinion of ibn Abbas and it is a narration from Ali
that the waiting period of the pregnant woman whose husband has died is
the longer of the two periods because of the authentic hadithof Subayah al-
Aslamiyyah. He did not give any consideration to the opinion of Muadh and
Muawiyah that the Muslim may inherit from the disbeliever because of the
authentic hadith disallowing inheritance between them. He also did not
consider the opinion of ibn Abbas about money changing, because the hadithagainst it is authentic, nor his opinion allowing donkey meat for the same
reason. There are many such examples, for he would not place before the
authentic hadith any practice, opinion, analogy, statement of a Companion, or
not knowing of any difference of opinion which many people call Ijmaand
they put it ahead of authentic hadiths. In fact, Ahmad declared the one who
claims this sort ofIjmato have lied, and he did not tolerate placing it before
authentic hadiths. Likewise, al-Shafii states in his revised Rislah that the issue
in which disagreement is unknown cannot be termed ijma. His words are Not
knowing of differing does not constitute Ijma. Abdullah b. Ahmad b. Hanbal
relates: I heard my father say, When a man claims ijmaconcerning
something, it is a lie. Whoever claims ijmais a liar. The people might have
disagreed. How does he know that it did not reach him? Therefore, let him say,
We do not know that the people have differed - this is the claim of Bishr al-
Marisi and al-Asammrather, he should say, we do not know that the people
differed or it has not reached me. These are his words.
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The texts of Allahs Messenger ( ) are too venerable for the Imam
and for the rest of the Imams of Hadith that they should prefer over them a
supposition ofijmawhich in reality is nothing more than not knowing that
someone differed. If this was acceptable, then the texts would be nullified, and
it would be acceptable for anyone who does not know of a differing opinion
concerning the ruling of an issue to put his ignorance concerning the differing
opinion over the texts. This is the claim ofijmathat Ahmad and al-Shafii
rejected. It is not as some people think that they were doubting the existence
ofijma.
Section
The second of Ahmads principles forfatwa is the fatawa of the Companions.When he would find a verdict from one of them, and none of them was known
to have opposed it, he would not take anything over it. He would not say that
constitutes ijma, but out of his caution in choosing his words, he would say, I
do not know of anything that goes against it or something along those lines.
For example, Abu Talib reports that he said, I do not know of anything that
goes against the opinion of ibn Abbas, ibn Umar, and eleven of the Tabiin:
Ata, Mujahid, and the scholars of Madinah concerning the slave taking a
concubine. Similarly, Anas b. Malik said, I do not know of anyone who has
rejected the testimony of the slave. This was quoted from him by Imam
Ahmad. Thus, when the Imam would find this sort of verdict from the
Companions, he would not give preference to any practice, opinion, or analogy
over it.
Section.
Imam Ahmad, would likewise, never give precedence to a scholarly opinion oranalogical deduction (Qiyas) over that of the Companions, to the extent that if
they were divided into two camps over an issue, two different narrations
would similarly be documented from Imam Ahmad.
Section
The third of his principles is that if the Companions differed, he would choose
from their opinions that which was nearest to the Book and Sunnah without
departing from their opinions. However, if he did not find one of them to be
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more in agreement, he would cite the disagreement concerning the issue
without giving a certain endorsement to any one view.
Ishaq b. Ibrahim b. Hani relates in his Masail, Abu Abd Allah was asked, A
man will be asked by his people about an issue in which there is disagreement,(what should he do)? He said, He should decree according to the view that
agrees with the Book and the Sunnah, and the one that does not agree with
the Book and the Sunnah, he should refrain from it. He was asked, Is this
obligatory on him. He replied, No.
Section
The fourth principle is acting on the mursalor weak (daif) hadith when there
is nothing on the topic contradicting it. He would give this preference over
analogical reasoning (qiyas). By daif, he does not mean that which is
categorically false (batil), rejected (munkar), nor that which is reported by a
narrator accused of lying. In that case, it would be unacceptable to adopt it and
act on it. For Ahmad, daifwas the category besides sahih and a type ofhasan.
He did not categorize hadith as Sahih, Hasan, and Daif. For him, there was
only Sahih and Daif. However, he regarded Daifas being of levels. Therefore,
if he did not find an atharor statement of a Companion on the topic, nor wasthere any consensus against it, acting on the weak hadith would be preferable
to him over acting on analogical reasoning.
In fact, there is no Imam who does not agree with him on this principle in
general, because every single one of them at some point has placed weak
hadith before analogy at some point.
Abu Hanifah preferred the hadith about laughing out loud in prayer over strict
analogical reasoning, although the scholars ofhadith are agreed about its
weakness. He also put the hadith of ablution with nabidhof dates over analogy,
while most hadith scholars consider it weak. He put the hadiththe limit of
menstruation is ten days which is weak by their agreement over analogy as
well; the blood that a woman has on the thirteenth day will be the same as the
blood she has on the tenth day in respect to definition, nature, and
characteristics. He placed the hadiththere is no dowry of less than ten
dirhamsbefore analogy even though they are in agreement that it is weak, infact batil, for strict analogy dictates that as the dowry is a compensation in
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exchange for conjugal rights, whatever amount they agree to should be
permissible, be it great or small.
Al-Shafii put the hadith about hunting in Wajj before analogy in spite of its
weakness. He gave preference to the hadith permitting prayer in Makkah atthe prohibited time even though it is weak and even though analogy dictates it
be regarded like all other cities. Also, in one of his two opinions, he preferred
the hadithWhoever vomits or has nosebleed should perform ablution and
continue his prayer from where he left it over analogy even though the
hadith is weak and mursal.
As for Malik, he prefers mursal, munqati, balaghat, and the statement of the
Companion over analogy
The fith principle: if Imam Ahmad was presented with an issue in which there
is no text, nor a statement from the Companions or one of them, nor a mursal
or weak report, he would resort to the fifth principle, analogical reasoning
(qiyas), which he would use due to necessity. He states as reported in al-
Khallals book, I asked al-Shafii about analogy, and he replied, I t is only to be
resorted to due to necessity or something of that meaning.
These five principles are the principles on which he based his verdicts and
around which his verdicts revolve. Sometimes, he would refrain from issuing a
verdict, because of the existence of conflicting evidences, or because the
Companions differed on that issue, or because he was unaware of there being
any report or any opinion from a Companion or a Tabii concerning the issue.
He very much disliked and discouraged issuing verdicts on matters in which
there was no report from the Salaf, as he told one of his students, Beware of
speaking on an issue in which you have no precedent.
He would allow seekingfatwa from the FuqahaofHadith and the followers of
Malik, and he would direct people to them, but he would disallow seeking
fatwa from anyone who ignores hadith and does not base his madhhab on it,
and he would not allowing acting on such a personsfatwa.
Ibn Hani said, I asked Abu Abd Allah about the meaning of the hadithThose
of you boldest in giving verdicts are the boldest in entering the Fire,Abu AbdAllah, may Allah have mercy on him, said, It is to give a verdict not based on
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(reports) he has heard. He also relates, I asked him about the one who gives
a verdict on an issue unclear to him. He said, The sin is on the one who issues
the verdict. I said, Then in what manner can he give a verdict if he does not
know about it? He said, He should give verdict based on research, as he does
not know what its evidence is.[2]
Abu Dawud states in his Masail, I cannot count how many times I heard
Ahmad being asked about issues of knowledge in which there was
disagreement to which he replied, I do not know. And I heard him say, I have
not seen anyone who excelled in giving verdicts like ibn Uyaynah: it was the
easiest thing for him to just say, I do not know.
Abdullh b. Ahmad relates in his Masail, I heard my father say: Abd al-Rahman b. Mahdi said: A man from the West asked Malik b. Anas about an
issue, to which he replied, I do not know. He said, O Abu Abd Allah (Malik),
you are saying that you do not know? He said, Yes, so inform those who sent
you that I do not know.
Abdullah also states, I would frequently hear my father asked about issues to
which he would reply, I do not know, and he would often hesitate concerning
issues in which there was difference of opinion. He would often say, Asksomeone other than me. If asked, Who then should we ask? he would reply,
Ask the scholars, and he would hardly ever name a particular person. He also
states, I heard my father say, Ibn Uyaynah would not issue verdicts
concerning divorce and he would say, Who is proficient in this?!
End Quote from ibn al-Qayyim
Some reference works on the Usulof Ahmad:
Sh. Abdullah b. Abd al-Muhsin al-Turki has written a work on thesubject titledUsul Madhhab al-Imam Ahmad.
Sh. Uthman b. Ibrahim al-Murshid has written a Masters thesis entitledal-Rai Ind al-Imam Ahmad b. Hanbal. It was submitted at Umm al-Qura
University in 1394 AH. According to Sh. Bakr, it is unpublished.
https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn2https://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn2http://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttp://ia301543.us.archive.org/2/items/books-37_ahlalhdeeth/OsolMadhabImamAhmad.pdfhttps://mail.google.com/mail/?ui=2&view=bsp&ver=1qygpcgurkovy#_ftn2 -
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Also, one may refer to Sh. Bakrs al-Taqrib Li Ulum ibn al-Qayyim and theindex on Usulfor Majmu Fatawa ibn Taymiyyah to see some very
important discussions on the Usulof Ahmad.
Sh. Bakr states in al-Madkhal al-Mufassal(1/150), Ibn Badran al-Dimashqi (1346 AH) has compiled the Usulof the madhhab in Sections
3,4, and 5 ofal-Madkhal Ila Madhhab al-Imam Ahmad b. Hanbal(pp. 49-
200), comprising two-thirds of the book, and it suffices from all other
works because of the verification, precision, detail, and excellent
arrangement it contains. It is, on the whole, an explanation and
clarification of ibn al-Qayyims comprehensive word concerning the Usul
of Ahmads madhhab."
[1] May Allh facilitate its liberation.
[2] The meaning of this exchange is not very clear in Arabic, and hence, this
translation is based on the understanding of the translator.
Some Notes Concerning Terminology Used in the Hanbali Madhhab
Whenever one reads any book, it is important to understand the terminology
used in it in order to understand the work properly. This is also true for the
books of Fiqh. Each madhhab, and in some cases, each author has certain
terminology that the reader must be familiar with. These terminologies areoften times explained in the introductions or conclusions of the books. There
are also certain books devoted to explaining these terminologies. Two
published works dealing with defining the terminology used in Hanbali books
are al-Mutli'and al-Durr al-Naqi. If Allah wills, these will be mentioned again
when surveying the Hanbali literature.
The Conventions of the Imam in His Answers
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(1) Answers explicitly stating one of the five ahkam taklifiyya: tahrim, karaha,
wujub, nadb, and ibaha. This is considered a nass in the madhhab without any
disagreement.
(2) When he responds and emphasizes his response with an action or by
swearing an oath. This is considered a nass in the madhhab without any
disagreement.
(3) It was the habit of Imam Ahmad, out of his great caution, to avoid frequent
use of explicit expressions like halaland haram. Therefore, Imam Ahmad
would typically resort to use of certain expressions which indicate the view
that he inclines to. Sometimes, there is disagreement as to what his intent isbehind these expressions. Some such expressions are the following:
* I like it (yu'jibuni)
* Good (hasan)
* It is befitting (yanbaghi)
* It is not befitting (la yanbaghi)
* I dislike it (akrahu)
* I fear (akhaafu, akhshaa)
* I hope (arju)
* There is no harm in it ( la ba'sa bihi)
* I hope there is no harm in it (arju an la ba'sa bihi)
* I am not so brave (ajbanu 'anhu)
* I am not so bold as to speak about that (la ajtari'u 'alayh)
* Leave it (da'hu)
* Leave this issue (da' hadhihi 'l-mas'ala)
Sh. Bakr Abu Zayd has listed seventy such expressions, cf. al-Madkhal al-
Mufassal, vol. 1 pp. 167-170. He goes on to explain them in vol. 1, pp. 243-264.
Imam al-Hasan ibn Hamid (403 H), the teacher of al-Qadi Abu Ya'la, has written
a work devoted to the explanation of such expressions used by Ahmad in his
answers to question. It is entitled Tahdhib al-Ajwiba. I t was studied and edited
by Dr. 'Abd al-'Aziz al-Qayidi as his doctoral thesis, and published by Maktaba
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al-'Ulum wal-Hikam.
Examples of Some Terms Used in Hanbali Fiqh Books
As knowledge of these terms is only needed by those who can read these
works in Arabic, a few examples will serve our purposes here:
(1) "The madhhab is such and such" - this applies both to positions stated
explicitly by the Imam as well as those deduced by the scholars of the Hanbali
School. Ibn Hamdan has written a lengthy criticism in Sifat al-Fatwa of the
practice of claiming a certain position to be the madhhab without knowledge
or sound basis. Al-Mardawi has quoted his words in full in the epilogue ofal-Insaf(12/267-276).
(2)Zahir al-Madhhab - This is the well known (mashhur) opinion in the
madhhab.
Al-Mardawi states in the introduction ofTashih al-Furoo'(1/52), "Shaykh al-
Islam ibn Taymiyya, may Allah have mercy on him, said, 'It has been reported
from Abul-Barakat (Majd al-Din), our grandfather, that if someone asked him
about zahir al-madhhab, he would say it is whatever Abul-Khattab gave
preference to in his Ru'us al-Masa'il.' He also said, 'It can also be known from
al-Mughniand Sharh al-Hidaya by our grandfather. And whoever is familiar
with the usulof Ahmad and his statements will recognize the correct opinion in
his madhhab in most issues.'"
(3) Qawl, this term applies to any opinion in the madhhab, be it from the Imamhimself or scholars of the madhhab, be it a wajh, ihtimal, or takhrij.
(4)al-Asahh, al-mashhur, al-ashhar, etc. - all of these expressions indicate tarjih
of a certain opinion in the madhhab.
(5)Al-Shaykh - some scholars use this title to refer to al-Muwaffaq ibn
Qudama, while others, particularly later scholars, use it meaning Taqi al-Din
ibn Taymiyya.
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(6)Al-Shaykhan, the Two Shaykhs - this refers to Muwaffaq ibn Qudama and
Majd al-Din Abul-Barakat 'Abd al-Salam ibn Taymiyya, the grandfather of Sh. al-
Islam Taqi al-Din ibn Taymiyya.
(7) Shaykhuna - Abul-Wafa' ibn 'Aqil and Abul-Khattab al-Kalwadhani use this
expression referring to al-Qadi Abu Ya'la. When it is used by ibn al-Qayyim or
by ibn Muflih in al-Furoo', it refers to Sh. al-Islam ibn Taymiyya. In
hisMukhtasar, ibn Razin uses it for al-Muwaffaq ibn Qudama.
(8) Shaykh al-Islam - two scholars in the madhhab are famous with this title: al-
Muwaffaq ibn Qudama and Taqi al-Din ibn Taymiyya.
Ibn Badran has discussed its usage at length in his Madkhal(p. 407) and Sh.
Bakr Abu Zayd in Mu'jam al-Manahi al-Lafziyya.
(9)Al-Qadi- for the mutawassitin, this refers to Abu Ya'la (459 H); for the
muta'akhirin, it refers to al-Mardawi (885 H), as can be seen in al-Muntaha and
al-Iqna'. Al-Mardawi himself uses it to refer to Abu Ya'la.
(10) "Al-Munaqqih", "al-Mujtahid", "al-Mujtahid fi Tashih al-Madhhab"- these
are all titles for 'Ala' al-Din al-Mardawi (885 H), signifying the great role he
played in redacting the madhhab in his works such as al-Insaf, Tashih al-Furoo',
and al-Tanqih al-Mushbi'.
For more on the terminologies of the Hanbali Madhhab, refer to Madkhal no. 4
of Sh. Bakr's al-Madkhal al-Mufassal, Ch. 6 of ibn Badran's Madkhal, pp. 405-422, and ibn Duhaysh's al-Manhaj al-Fiqhi al-'Aam li 'Ulama' al-Hanabila, pp.
97-168.
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The Spread of the Hanbali Madhhab
The roots of the Hanbali Madhhab naturally lie in Baghdad, the home of Imam
Ahmad, then it spread to other lands, but not as much as the other major
madhhabs.
Ahmad Taymur relates that ibn Farhun stated in al-Dibaj, "As for the madhhab
of Imam Ahmad b. Hanbal, may Allah have mercy on him, it emerged in
Baghdad and its surrounding areas, then it spread in many of the lands of al-
Sham, but it has become weak now," meaning: in the 8th Century Hijri.
[Taymur Pasha, al-Madhahib wa Intisharuha, p. 81]
Ibn Khaldun states, "As for Ahmad b. Hanbali, his followers (muqallids) are
few... Most of them are found in al-Sham and 'Iraq in Baghdad and its
surrounding areas. They are the most prolific of people in respect to preserving
the Sunnah and narration of Hadith." [Al-Muqaddima, p. 448]
Al-Suyuti states, "They are very few in number in Egypt. I have not heard of
their presence there except in the 7th Century and afterwards. This is because
Imam Ahmad, may Allah be pleased with him, lived in the 3rd Century, and his
madhhab only spread outside 'Iraq in the 4th Century. I t is in this century that
the Ubaydis came to power in Egypt, and they eliminated all those present
there of the Imams of the other three madhhabs by killing, exile, and
displacement. They established the madhhab ofRafdand the Shi'ah,and they
were not eliminated from there until the last part of the 6th Century. That is
when the Imams from the other madhhabs returned to Egypt, and the first
Hanbali Imam I know of to take up residence in Ebypt was al-Hafiz 'Abd al-Ghani al-Maqdisi the author of'Umdat[al-Ahkam]." [Cf.,al-Madhahib wa
Intisharuha, p. 82]
It then spread further at the time of al-Qadi 'Abdullah b. Muhammad b. 'Abd
al-Malik al-Hajjawi who became the Hanbali Qadi al-Qudah of Egypt in the year
738 AH. Al-Maqdisi states that the Hanbali Madhhab was present in the 4th
Century in Basra, in the provinces of al-Daylam [modern Gilan] and al-Rahab, in
Suways in the province of Khuzestan, and in Baghdad the dominant groups
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were the Hanbalis and the Shi'ah. [Ibid., p. 83]
The followers of the Hanbali Madhhab amongst laymen have been few
throughout history to the extent that they did not constitute the majority of
dwellers of any region through most of history except in Najd and then later in
much of the Arabian Peninsula as a result of the movement of Imam
Muhammad b. 'Abd al-Wahhab, may Allah have mercy on him.
Ahmad Taymur states, " We have not heard of their predominance in any
territory except the lands of Najd at this time, and in Baghdad in the 4th
Century." [Ibid., p. 83]
The Hanbali Madhhab also had a considerable historical presence in al-Sham.
Majd al-Din al-'Ulaymi, in his al-Manhaj al-Ahmad, lists the most famous
Hanbali scholars of Palestine from the 6th Century until the 9th Century.
Reasons for the Madhhab's Lack of Prevalence in Comparison to Other
Madhhabs
There are a number of reasons for the Madhhab's lack of prevalence, amongst
them:
* The Hanbali Madhhab was established later and the other three m madhhabs
were already more established in many lands. In Iraq, the madhhab of Abu
Hanifah was predominant, in Egypt the Shafi'i and Maliki madhhabs, and in al-
Maghrib and al-Andalus the Maliki madhhab.
* There were few Hanbali Qadis, and Qadis were instrumental in promoting
their respective madhhabs. Abu Yusuf and Muhammad b. al-Hasan, may Allah
have mercy on them, were instrumental in promoting the madhhab of Abu
Hanifah. After this initial period of Hanafi domination of the judiciary in
'Abbasid lands, the Shafi'i Madhhab played a prominent role in the judiciary as
well. As for the Maliki madhhab, Asad b. al-Furat was instrumental in
promoting it in al-Maghrib. In al-Andalus, the Umayyad state also worked to
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promote the Maliki madhhab. The Hanbali madhhab did not receive such
preference except in the Arabian Peninsula in recent times.
* The Hanbali Madhhab has spread considerably in the modern age as Saudi
universities and scholars (amongst others) have done considerable work in
editing and publishing important Hanbali works and teaching the Hanbali
madhhab. Because of this new wave of writing about and teaching the Hanbali
madhhab, the present era can be considered a period of its revival.
**Based on Sh. ' Abd al-Malik b. Duhaysh's al-Manhaj al-Fiqhi al-'Amm Li 'Ulama al-Hanabila wa Mustalahatihim Fi Mu'allafatihim, pp.
63-65. Sh. al-Duhaysh himself has played a hand in publishing many Hanbali works.**