the rise of colleges

7/21/2019 The Rise of Colleges

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-u&& text of .The /ise of $o&&eges, Instituions of Learning in Is&a and The West.

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T"1 /IS1 O- $OLL1)1S

02

034450

The /e6uisites of 7now&edge



A 6uic8 ind9 :ea&9 poverty9 foreign &and9

A professor+s inspiration9 and of &ife a &ong span;

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?uwaini of Nishapur (d;GHJ!

(Khai&9 (!9 fo&io G@a!

A hub&e ind9 :ea& for &earning9 a 6uiet &ife9

Si&ent investigation9 poverty9 a foreign &and;

Af ens hui&is9 studiu 6uaerendi9 vita 6uieta9

Scrutiniu taciturn9 paupertas9 terra a&iena;

*ernard of $hartres (d;c;GG@H!

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$OLL1)1S

INSTIT%TIONS O- L1A/NIN)

IN ISLAQ ANK T"1 W1ST

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)eorge Qa8disi G C G

1dinburgh %niversity 'ress

)eorge S6uare9 1dinburgh

Set in Qonotype *as8ervi&&e



by Speedspoo&s9 1dinburgh

and printed in )reat *ritain by

/edwood *urn Liited

Trowbridge

*ritish Library $ata&oguing in 'ub&ication Kata

Qa8disi9 )eorge

The rise of co&&eges;

I; Is&aic universities and co&&eges

Ira6 X *aghdad X "istory

I; Tit&e

@+4C LA CC

S*N O4JM4@J4

$ONT1NTS



$hapter i; INSTIT%TIONS

i;

Qadhab

(Qadrasa!

;

Syste

@; 1ergence of -our Schoo&s

M9 /e&ationship between the Schoo&s of Law and



Qoveents

J; Soe of the Answers given and their I

Y; 7ey to %nderstanding the 'henoenon

Schoo&s

/ear8s

Qadrasa

a;

of the -oreigZ



a; The ?ai

G ■

G

t

V;

I

T&.

i

G

G

G



I; The /ise of the Schoo&s of Law i

G

@

M

Y

II; Typo&ogy of Institutions of Learning C

C

GH



GH

G ! The ter Qa&is and the 'riacy of the Qos6ue GH

! The ?ai+ and its "a&6as in *aghdad

G

G

b; Appointents to "a&6a 'osts GM

G ! The $ase of a&47hatib a&4*aghdadi GM

! The $ase of a&4*a8ri G J

@! The$aseofa&4+Abbadi GY

M! The$aseofa&4[utrub GY

c; Variety of Subects in the "a&6as G

d; The Qa8tab and the 7uttab GC

@ ! The ?ai+ in Kaascus GC



a; "a&6as and Qi0ad

b; Tasdirs

c; Sab0s

d; awiyas

M ! The ?ai0 in $airo

a; awiya

H

H

H

H

H

H

i;

0 r



VI

$ontents

b; "a&6a

c; The Qadrasa4?ai0

Qasid

7han

@4

a;

i ! The Libraries

! The "ospita&s

The Qadrasa and $oi



The Qadrasa

b; $ognate Institutions

III; The Law of Wa2f

i ; The -ounder

a; [ua&iRcations

b; -ounder+s -reedo of$h

c;

Wa6f

; The $orpus

@; Obects of the

a; $haritab&e Obect

b; Kec&aration of Obect



M; Qotives of the -ou

a; [urba

b; %ndec&ared Qotives

c; Qisappropriation

J

Qutawa&&i

a; [ua&iRcations

b; Appointent

c;

/esponsibi&ities



d; $oittee of Overseers

e; Kisissa&

Y; The [adi

a; 'rerogatives as Overseer

b; -ina&ity of [adi+s Kecis

4

a;

er O\cia&s

Qa:a&i O\

b; The ?Va6ib

; 1ndowent Incoe

a; )enera& /ear8s



b; Stipends of *eneRciaries

G ! Nature of Stipends

Terino&ogy

H

H

G

@

b; Institutions Inc&usive of the -oreign Sciences M

M

@

@J



@J

@J

@J

!= the -ounder+s -reedo of $hoice @Y

@

@

@

@

@C

@C

@C

MH

MH

G ! Soe $ases

! Anger and Indignation of the Koctors M@



MM

MM

MJ

M

J

JM

JJ

JJ

JY

J

J

J

J

J

J

J

J

@! $&assiRcation of *eneRciaries JC



c;

of the Qutawa&&i

JC

$ontents

vn

L /ights of the *enefo

e; Qethods of Kisburseent

4■000,; I 0B+;■ >A>Sg&4



=; Other Kispositions of I

i ! Surp&us Incoe

Without

Students

a;

b;

of)

II; Organi:ation of Learning

i ; $urricu&u



a;

i ! "aitai

! "ai 7ha&ifa

b; 1xap&es of Actua&

i ! Se6uences Taught

a; ShaR+i

b; Abu +G4"asan an

c; Ibn Abi Qus&i

! Se6uences Learned

b; Abu +A&i a&4-ari6i

c;



Wa6sh

g; A&4[i

c;

; $&ass 'rocedure

a; 'osition in $&ass

b; -unction of -e&&ows

c; $&ass 'rayers

M; The Long Dears of Study

G



G

I

YH

YM

! Stipend of Vacant 'rofessoria& $hair @

@! Kisburseents When Keed Was Lost M

M! K

M

J



$hapter ; INST/%$TION

I; Kivisions of the -ie&ds of 7now&edge J

G ; Ibn *ut&an and the Tripartite Kivision J

; The Subordination of the Literary Arts Y

aar Y

he '&ace of 'oetry Y

@; Wa6f and the Kichotoous Kivision of 7now&edge

H

H

of $ourses , Two 1xap&es H

H



G

G

G

G

G

G

[asi a&4[ushairi

d; 0Abd a&4)haRr a&4-arisi

e; Abu *a8r b; +Abd a&4*a6i @

f; A&4Lura6i of Anda&usia @

M

of4Abd a&4Latif a&4*aghdadi M



Ci

C

C@

d; Kai&y /outine at the Qadrasa Sahhiya and 1&sewhere C@

@; Teaching Kays and "o&idays CJ

CY

via

$ontents

III; The Qethodo&ogy of Learning CC

i; Qeory and Its Aids



a; Qeori:ation

b; /epetition

c; %nderstanding

d; Qudha8ara

The Noteboo8

e;

;

a;

@

M

i ! The Top



! Ia

Qethod as -or

/eport

a; Advocacy

i ! )raar

! 7a&a

@ ! Qedicine

Qethod

Quna:ara



i ! Suhba

! /iyasa

! Keve&opent of -i6h

@ ! Authori:ation to Teach Law and Issue Lega&

Opinions

CC

CC

GH

GH@

GH@

GHM

The Scho&astic Qethod, Origins and Keve&opent GHJ

The Attraction of Kia&ectic GHJ



b; $onsensus vs; $a&ipha& 1nactent of Kecisions GHY

c; The Antithesis of Ia+47hi&af G o

GH

GH

@ ! Lega& Kia&ectic, -orensic GH

M! Technica& Ters GH

J! Kisputation at the $ore of Lega& Studies GHC

in

G GG

G G

b; Soe )enera& Ters

c; The Ta"i6a , Kisputed [uestions and Qethod G G Y



d; Authors of Ta"i6as

e; Kiensions and $ontents

f; The Ta"i6a and -ie&ds Other Than Law G

GG

GG

G

GY

of Law GY

G

a; The Suhba Stage of Studentship and the Ai for /iyasa G



G

GC

b; /egu&ar Sessions of Kisputation G @@

c; Tactics9 Vio&ence and /ecurrent Inunctions G@M

d; Origin and Keve&opent of the Licence to Teach GMH

G ! Origin of the $oncept of the Ia:a . GMH

GMY

GM

$ontents

I]



$hapter @; T"1 S$"OLASTI$ $OQQ%NITD GJ@

I; 'rofessors

G ; Kesignations

; Status in the $ounity

@; bources

a; -ees fr on

b; 'ensions

Incoe

c;



1ndowed Sa&aries

d; *udgets ofS

@!

M

ncoe

a; Instabi&ity of I

c; Qu&tip&icity of 'osts

d; Kivisibi&ity of 'osts



b; *y Sa&e

c; Other Abuses

IL Students

G;

$&assiRcations

G

b ; As Stipendiaries

c; As -oundationers

d; As 'articipants in $&a,



e; Other Ters for Stude

; Soe Aspects of Stu

a; The Id&e Student

b; The Sha SuR Novice

@; -inancia& $onditions

I

G

c;

Qutua&

0

i

t



St

i

d; Wea&thy 'arents

e; The 1ndowed $o&&ege

►

w

0

I

ft



t

M;

I

W4;

GJ@

GJ@

GJ@

a; Iportance of the 'rofessoria& 'ost ? J@

b; Inaugura& Lectures

GJM



GJC

GJC

GY

GY@

GY@

G ! The ShaR+i Tadiya $o&&ege of Law GY@

! The Shaiya $o&&ege of Law Intra4Quros G YM

7oran and "adith G YM

M! The -arisiy a $o&&ege of Law GYJ

and /esort to Abuses GYJ

GYJ



b; 1be::&eent of 1ndowent Incoe GYY

GY

GY

M; Accession to 'rofessoria& 'osts G ^

a; *y Line of Kescent I ^

GG

GG

GG

GG

a; *y /e&ative Leve&s of Studentship G G



G

G

GJ

GJ

GJ

GJ

G

GH

a; 'rofessors+ Support of Students GH

b; 'atrons Aong the 'owerfu& GG

G

G

GM

]



$ontents

04;

i ! Qu+id9 /epet

! QuRd9 Kocen

c; /a+is

d; Qufti9 ?urisconsu&t

e; The [adi

a;

i;



c;

Terino&o

'rofessor of "adith

i ! "adith and the Q

! Qeaning of Q

i ! Qusta&i9 I

Kictation

! QuRd

i

G



dsts9 Occupations9 -unctions

G ; 'osts 'ertaining to Law

a; Qudarris9 and Na+ib4Qudarris , 'rofessor of Law and

Keputy4'rofessor of Law

b; Assistants to the 'rof essor of Law 0C

G

GC@

GCJ

GC

GC

HH

=; The Shahid4N otary 9 and other Auxi&iaries of the [adi H G

g; Qutasaddir



H@

H@

! Tasdir, A /egu&ar 'ost H@

@! Tasdir and the "a&6a HM

M ! Qutasaddir and QuRd HM

J! Tasdir , A 'aid 'ost HJ

Y! Tasdir and Ishgha& = Ishtigha& HY

; 'osts 'ertaining to Other -ie&ds GH

GH

G@

G@

b; Assistants to the 'rofessor of "adith G @



G@

GM

c; Nahwi9 )raarian9 'rofessor of the Literary Arts G M

d; Shai8h a&4 [ira+ a 9 'rofessor of 7oranic Science G J

e; Other Occupations 'ertainins to the 7oran G J

=; Shai8h ar4/ibat9 the Qonastery Abbot G Y

g; The 'reachers

h; Ia9 Leader of the -ive Kai&y 'rayers

Qu+a&&i9 Qu

@; Other Occupations

a; 0Arif Qonitor



b; Na6ib9 Qarsha&& of the Nobi&ity H

G

G

GC

H

H

7eeper of $I

d; Nasi8h9 Warra6 4 $opyist9 $opyist

e; The $orrector

f The $o&&ator

g; 7hadi9 Servitor

h; 7hadi a&47han6ah9 Adinistrator



H

G

of a Qonastery @

$ontents

]I

$hapter M; ISLAQ ANK T"1 $"/ISTIAN W1ST M

I; Introductory /ear8s



II; Institutions

$haritab&e Trust

III; Instruction

G ; The Lecture

; The /eport

@; The Scho&astic Qethod as -inished 'roduct,

The Sua

a; Qedicine at Sa&erno

b; Law at *o&ogna

M



M

G; The %niversity as a $orporation M

; The $o&&ege as a $haritab&e Trust J

a; Wa6fand the Y 'ia $ausa+ of *y:antiu Y

b; Wa6fand the +-ondation+ of -rance Y

c; Wa6f and the $haritab&e Trust of 1ng&and

@; The $o&&ege4%niversity as an Incorporated

C

a; Siguen:a9 7ing+s9 Qarischa& and Trinity C

b; $o&&eges of $o&onia& Aerica , The $ase of Kartouth @H

M; Wa6f in Western Is&a and Two %niversities of

Southern 1urope



@

@

MG

M@

MJ

a; The Studies of1ndres and )rabann MJ

b; The Studies of'e&ster and 7antorowic: MC

c; Two Authors of Qode& Suae, Ibn 5 A6i& and

St Thoas A6uinas J@

d; The $hanne&s of $ounication JC

M; The Superior -acu&ties

YH



YG

Y

J; Kec&ine of the Literary Arts and Other 'henoena Y@

a; 'aetow+s -ive $auses

b; Ars Kictainis

YM

YY

c; 'eter of "e&ias and )raar Y

G ! )raar in Verse Y

! )overnent in )raar Y

IV; The Scho&astic $ounity H

G; The 'rofessor and the Licence to Teach H



; Qufti9 Qagister and Qagisteriu Y

$onc&usion

G

]&&

$ontents

Appendix A, /eview of 'revious Scho&arship C

G; 're&iinary /ear8s C

; ?u&ian /ibera on Is&aic In_uence CM

a; 'owic8e and /ashda&& on Is&aic In_uence CM

b; /ibera+ +s $ontribution CM



@; The Qadrasa According to Qax van *erche CY

a; "is Sources

b; "is Theories

c; $riti6ue

a; The /o&e of *ar a&4+I&

b; $riti6ue

Appendix *

CY

C

@HH

M; The Qadrasa According to Igna: )o&d:iher @H G



a; QodiRcation of van *erche+ s Thesis @ [I

b; $riti6ue @^

J; The Qadrasa According to ?; 'edersen @HM

Y; The Qadrasa According to Doussef 1che @HJ

@HY

@H

@G

Notes and /eferences @ G @

*ib&iography @MJ

Index @JJ



V0;

'/1-A$1

This study was underta8en in order to achieve a better understanding

aic inte&&ectua& history; Inte&&ectua& ove

ents becoe ore

the; The for

wor8s are inte&&igib&e in the extent to which the ethods of instruction9



co

This boo8 is not a survey of Is&aic education; Qany onographic

studies ust yet be ade avai&ab&e before such a survey cou&d be

successfu&&y achieved; /ather an attept is ade here to concentrate

on a particu&ar institution of &earning9 the Qus&i co&&ege9 especia&&y

in its adrasa for9 and on the scho&astic ethod that was its product;

A&though references are ade to other periods and p&aces9 y ain

concern is with the e&eventh century in *aghdad9 the tie and the

p&ace of the _ourishing of the adrasa and the scho&astic ethod9 both

of which had deve&oped in the previous century; I hope to show that

the adrasa was the ebodient of Is&a+s idea& re&igious science9

&aw9 and of Is&a+s idea& re&igious orientation9 traditiona&isZ and

that &aw and traditiona&is cobined to produce the scho&astic

ethod which was the pecu&iar product of the Qidd&e Ages9

The history of Is&aic institutions of &earning was inextricab&y

&in8ed with Is&a+s re&igious history9 and their deve&opent was &in8ed

with the interaction of the re&igious oveents9 &ega& and theo&ogica&;

The Rrst three chapters of this boo8 treat therefore of this interaction

which &ed to the deve&opent of the co&&ege9 infored the ethods of

cou



any para&&e&s between Is&a

ned &ater in the $hristian West

adrasa

ters and proper naes

ysteatic

in the genera& index; On the other hand9 Arabic phrases and sentences

are given in trans&iteration and with diacritics; Tit&es of boo8s are

ita&ici:ed9 but not the Arabic or Latin ters and phrases; The ter

Qos6ue9 capita&i:ed9 refers to the -riday or $ongregationa& Qos6ueZ

the non4congregationa& os6ue is rendered with a sa&& ; Kates are

nora&&v eriven for both the Qus&i or $hristian eras separated by a

]IV



'reface

diagona& &ine; When on&y one date is given it is nora&&y the $hristian

date9 otherwise it is fo&&owed by the &etter +h;+ for hira; Webster+s

Third New Internationa& Kictionary contains any Arabic words the

fors of which have been used9 and others added by ana&ogy though

not in strict confority with systeatic trans&iteration Z for instance

adhab for adhhab9 and9 by ana&ogy9 ashad for ashhad; Naes

nor

entioned

their being readi&y &ocated in biographica& wor8s; A&& references are

nora

are fu&&y identiRed in the bib&iography9 which contains on&y those



wor8s actua&&y cited in the footnotes; The fo&&owing abbreviations

have a&so been used, b; `ibn9 bornZ c; ` circaZ d; ` diedZ _; ` _oruitZ

fo&; ` fo&io (a ` rectoZ b `verso! Z pi; ` p&ura&Z sg;9 sing; ` singu&ar; In

the footnotes the nubers enc&osed in parentheses fo&&owing the page

nuber indicates the &ine nuber(s! on the page cited;

I wish to express y heartfe&t gratitude to 'rofessor W; Qontgoery

Watt who invited e in i 6Y to write a boo8 on Qus&i education for

Is&a

Qr

for his continued interest when the wor8 had ta8en a dierent direc4

tion; Qy than8s are a&so due to Qiss 'atricia 7; Kuncan of the edi4

toria& sta for being ost he&pfu& in the preparation of the anuscript

for the press; I a&so ta8e this opportunity of than8ing the fo&&owing

pub&ishers for the use of soe of y previous studies , The $abridge

%niversity 'ress9 The Qediaeva& Acadey of Aerica9 the 'au&

)euthner Librairie Orienta&e ( 'aris ! 9 The State %niversity of New

Dor8 'ress (A&bany9 n;y;!9 the %niversity of Louvain and the %ni4

versity of Louvain4La4Neuve;

'hi&ade&phia Qay9 GCG



I

$hapter i

INSTIT%TIONS

$"OOLS O- LAW

Q

Q

ter



tinction shou&d be ade9 at the outset9 between two ters,

3&s of &aw+9 and +co&&eges of &aw+; The &atter ter is app&ied to the

itions9 the bui&dings in which instruction too8 p&ace; The forer

designates the schoo&s of urisprudence, (i! those groups of

urisconsu&ts who shared the experience of be&onging to the sae

&oca&ity9 and were ca&&ed +geographica& schoo&s+Z or (! those groups

who were designated as fo&&owers of a &eading urisconsu&t9 and were

ca&&ed +persona& schoo&s+;

In the history of Is&aic institutions the deve&opent of the schoo&s

of &aw presents a nuber of prob&es9 inc&uding the very ter trans4

nae&y adhab; This ter

,eE The ter +sect+9 howevei

eb

the sae counion; That is not the case with the Sun a

a&& of which are regarded e6ua&&y as orthodox; The ter +rite+ Z

to a division of the $hristian church as deterined by &iturgy; A

it cannot be app&ied to adhab; -or un&i8e a transfer fro one

another in $hristianity9 a transfer re6uiring certain fora&iti



transfer in Is&a is ade fro one adhab to another withe

fora&ities whatsoever; The ter +schoo&+ is the ost acce

for &ac8 of a better terZ it oers the &east di\cu&ty; In using

ust 8eep in ind what the &ate 'rofessor Schacht said

ter +ancient schoo&s of &aw ipi,

ition9 nor a strict unifority of doctri

fora& teaching9 nor any o\cia& stati

bodv of &aw in the Western eaning

ter

oenon of the schoo&s of &aw raises certain prob&es

Why

there schoo&s of &aw in a syste

Why was there a draatic diinution in the nuber



phenoena& pro&iferation B What

INSTIT%TIONS

was the nature of the re&ationship between the schoo&s of &aw and the

oveents

; Schoo&s in an Individua&istic Syste of Law

Why shou&d there have been a schoo& of &aw in a syste that advocated

the utost scho&ar&y exertion (itihad! on the part of the individua&

urisconsu&t with a view to arriving at a persona& opinionB A hadith9

the authority for which is attributed to the 'rophet hise&f9 en4

couraged the fa6ih to practise itihad; According to this hadith the

; u ;<9v3r& 0 rpwar" in the wor&d to coe9 even if ista8enZ



rageent

"e

&i Li&ian wc0> >< <

perfored this tas8 a&one Z he did not act as part of a coittee or

organi:ation of urisconsu&ts9 though his opinion cou&d be in agree4

ent with that of another9 or others9 on the sae 0 , .<

@; 1ergence of -our Schoo&s

?

7uRans9 the Qedi



the Syrians; Then beginning in the ear&y part of the second century

= G ;G r E ;>>99>oiQf7Zr thpep ann+pnt schoo&s fored the4

asters

"anifa+ within the schoo&s of 7ufa Z the +discip&es of Qa&i8+ within that

of QedinaZ and the +discip&es of a&4Au:aD within that of Syria; *y

the idd&e of the third = ninth century9 the ancient schoo&s had trans4

fored these&ves into +persona&+ schoo&s;

Soe Rve hundred persona& schoo&s of &aw are said to have dis4

appeared by the beginning of the third =ninth century; @ These schoo&s

continued to decrease in nuber unti& on&y the four Sun schoo&s

which have survived down to our tie reained; The date of the

crysta&&i:ation of these four schoo&s is given as being around the end of

the seventh = thirteenth century; Qa6ri:i says that this process began

in YYJ = GY when on&y four 6adis were appointed in $airo be&onging

to these four schoo&s and a&& other schoo&s were disavowed; M Schacht

echoes this opinion by giving the approxiate date of the surviva& of

the four Sunni schoo&s as being around HH = G@HH; J

The four surviving +persona&+ schoo&s of &aw are those of Abu "anifa

Qa&i8



naed9 after their eponys

Qa&i8i9 ShaR+i and "anba&

fro

8nown ear&y persona& schoo&s9 no &onger in existence9 there were those

ofa&4Au:a t i(d;i J =M! and Sufyanath4Thauri(d;iYi=!9 both

of who were Syrians; 9 9 9

Aong the schoo&s that cae into existence

itio9 on&y the ShaR+i and "anba&i survived

■in the Thauri; naed after Abu Thaur (d;

ahiri9

I; The /ise of the Schoo&s of Law @



naed after Kawud b; 7ha&af a:4ahiri (d;YC = ! and the ?ariri9

naed after Ibn ?arir at4Tabari (d;@ GH=C@!9 the ce&ebrated his4

torian4urisconsu&t; There were a&so two we&&48nown persona& schoo&s9

these&ves oshoots of other persona& schoo&s , the schoo& of Abu Dusuf

( d4 G G = C ! 9 a fo&&ower of Abu "anifa9 Y and the schoo& of Ibn "a:

(d;MJY = GHYM!9 a fo&&ower of Kawud a:4ahiri9

Why9 after experiencing incredib&e pro&iferation9 did the schoo&s

diinish in nuber to fourB Why did they becoe Rxed at four with

the "anba&i schoo&s the &ast to survive9 rather than the ahiri or the

?ariri B

M; /e&ationship between the Schoo&s of Law

and Theo&ogica& Qoveents

Soe historica& sources9 in treating of the schoo&s of &aw9 have c&assiRed

the according to ters app&ied to theo&ogica& oveents; They have

c&assiRed the as traditiona&ist9 the ter for which is ah& a&4hadith9

or as rationa&ist9 the ter for which is ah& ar4ra+vZ or under the varia4

na



ter

ters were used9 such as ah& a&48a&a9 ah& an4na:ar9 and ah& a&46iyas;

In &isting the various persona& schoo&s of &aw under one or other of

ters

[utaiba (d;Y = C ! &ists a&& the eponys

ceot Ahad b; "anba&9 as be&onging to t

oveent

a&4hadith9 or traditiona&ists9 he cites on&y individua& tradition4experts;

Qa6d



of Ahad

Qundhir

( d; @ = J ! 9 as ashab a&4hadith9 as though they did not be&ong to the

schoo&s of &aw (adhahib a&4R6h!9 under which designation he cites

the "anaRs; Qa&i8is; ShaR+is; and ahiris; C 1&sewhere in the sae

Qa6d

sae author9 GG

ShaR+i and Abu "anifa are considered as be&onging to ra+y in opposi4

Ahad b; "anba&

Qa&i8; Shaft c i; Ahad b; "anba&



"anifa

7ha&dun

Kawud at the head of a separate third c&ass;

G@

Ibn an4Nadi (_;@ =C! GM and a&4Qa6disi (_;@J=C J! x

ost G

schoo&s of &aw of the traditiona&ists (ashab a&4hadith!; The schoo&s of



enti

Qa&i8i; Thauri; "anaR

century9 according to a&4Qa6disi9 G they

VV94 a

M

INSTIT%TIONS

"anaR; Qa&i8i; ShaR+i9 and Kawudi; The "anba&is

cited as a schoo& of &aw by these sources;



J; Soe of the Answers given and their Inade6uacy

Soe reasons have been given to exp&ain why certain schoo&s survived9

whi&e others disappeared; Snouc8 "urgrone spea8s of strategic geo4

graphica& &ocation and of the prince+s favour as factors in the schoo&s+

surviva&; Others have subscribed to this theory9 inc&uding ?oseph

Schacht; Snouc8 "urgrone further cites the year a;h; JHH ( a;d; G GHY !

as the approxiate date for the eergence of the four Sunni schoo&s of

&aw; On the other hand9 Schacht cites the year HH=G@HH as the

approxiate date9 both for the eergence of these schoo&s and for the

+c&osing of the door of itihadE

G

G

there was never an act of foundationZ nor was there ever an act of

disso&ution; The ter adhab9 in ordinary &anguage9 eans a way or

direction to fo&&ow Z and technica&&y9 an opinion9 a thesis; A thesis had

;; 4 ; Q M ft 0 0W >



3 survive

adhab

survived but for the &ac8 of support by his discip&es , &a ya6uu bihi

ashabuh; Kates can on&y be deterined approxiate&y; The &ast

representative of the ahiri schoo& died in *aghdad around MJ=GH;

eans

ance soetie before; Schoo&s did not sudden&y disappear fro the

scene, they died a s&ow death9 as its defenders diinished in nuber

unti& none were &eft who were capab&e of defending the doctrines of its

recogni:ed representatives;

*iographers of urisconsu&ts often point out that a certain uris4

consu&t was responsib&e for bringing the doctrines of his schoo& of &aw

to a certain &oca&ity; It ta8es ore than one urisconsu&t to do this

successfu&&y Z for it is necessary not on&y to introduce the doctrines9 but

9 survive bv defending4 the

the



opinions

Thus iyad b; +Abd ar4/ahan9 8nown as Shabtun (d;GC@ =HC!

Qai

an ad8ha&a R6ha Qa&i8

are said to have +spread+ the doctrines of their respective schoo&s; Thus

Sahnun (d;MH =JM! spread Qa&i8+s doctrines in North Africa ( 0anhu

+ntashara R6hu Qa&i8 _ +G4aghrib!9 G and [adi Su&aian b; Sa&i9

a discip&e of Sahnun9 did the sae in Sici&y ( +anhu +ntashara +G4R6hu

bi4Si6i&&iya!; GC Abu "aid a&4Isfara+ini (d;MHY = GHGJ! is said to have

+R&&ed the earth with discip&es+ (tabba6a +G4arda bi +G4ashab!Z H or

that they propagated doctrines through teaching;



+?

i0

i4

I ; The /ise of the Schoo&s of Law J

ence9 in a&& the regions of Is&a9 ended up with the fo&&owers of

ShaR+i9 Abu "anifa9 Qa&i89 Ahad b; "anba& and Kawud a:4

ahiri; It is on their authority that urisprudence was propagated

everywhere9 .and &eading urisconsu&ts of their respective schoo&s advocated

their doctrines and &ega& opinions.+ (wa46aa bi4nusrati adhahibihi

a+iatun yunsabuna i&aihi wa4yansuruna a6wa&ahu!; Thus

Shira:i &ays stress on the iportance of the continued activity of the

urisconsu&ts and their advocacy of the doctrines of the Ias with

a\&iated



u

Q

y

(nasir adhhabi!

transitter of y

+he is y tongue+

Qu:an

for the success of Shan Ts wor8s in *aghdad; Y Ibn Surai ( d;@HY = C G !

is said to have advocated the doctrine of ShaR+i and refuted its oppo4

nents (6aa bi4nusrati adhhabi +sh4 ShaR+I ; ; ; wa4radda +a&a

+&4u8ha&i_n!; The discip&es of Qarwa:i (d;@MH=CJG! spread

abroad the doctrines of ShaR+i (intashara +G4R6hu +an ashabihi R

+G4bi&ad!;



Thus to say that a schoo& survived because it was favoured by the

prince is to put the cart before the horse; 'rinces were practica&

po&iticians; They gave their support where it did the ost good for

these&ves Z they gave support where they found strength a&ready in

existence;

-urtherore9 to say that the geographica& &ocation was iportant

is to fa&& prey9 once again9 to our own terino&ogy of convenience; Our

concept of a schoo& is soething that is &ocated soewhere as an

entity; *ut we a&ready 8now that a&though the schoo&s of &aw were

naes

naes

oving fro one centre to another; The Qus&i

0 was a oreat trave&&er9 and in Is&a9 trave& was



trae&&ed

Latin WestZ for un&i8e the &atter9 he cou&d go fro city to city and

country to country without &osing his +citi:enship+Z he +be&onged J by

virtue of his re&igion; There were no city4states in Is&a;

The arguent of &ocation was ta8en fro soe rear8s ade by

a&4Qa6disi9 the tenth4century geographer; Qa6disi was we&& aware

of the freedo of trave& in Is&a; "is rear8s ust therefore be

understood in another &ight9 nae&y9 that had the ideas of a&4Au:a+i

( whose case he was using as an i&&ustration ! been defended where they

cou&d have received the broadest propagation9 his doctrines wou&d

Y

INSTIT%TIONS

have survived; If a&4Au:aTs doctrines did not survive9 it was because



he did not have a su\cient nuber of fo&&owers Z or9 as ShaR+i had

said of Abu +G4"arith a&4Laith ( d; G J = C ! 9 C his fo&&owers ade no

eort to support hi;

/egarding the crysta&&i:ation of the Sunni schoo&s of &aw9 the

passage in the history of a&4Qa6ri:i9 echoed by ?oseph Schacht9 puts

the beginning of the process of diinution and crysta&&i:ation in the

year YYJ h; The passage9 trans&ated here9 reads as fo&&ows,

When a&4Qa&i8 a:4ahir *aibars a& *undu6dari acceded to the

su&tanate9 @H he appointed in -ustat and $airo four 6adis9 a

Shaft c i9 a Qa&i8i9 a "anaR9 and a "anba&i and the situation con4

tinued in this way as of the year YYJ h; a;d; GY unti& there

reained in a&& the cities of Is&a no other schoo& of &aw of the

schoo&s 8nown in Is&a except these four9 and the creed of

Ash0ari d;c;@J =C@; Qadrasas9 8han6ahs9 :awiyas and ribats

were in a&& of the Qus&i &ands; Those who fo&&owed any other

schoo&s were shunned9 disavowed; No 6adi was appointed9 no

testiony was accepted of any shahid4notary9 no one was

appointed as a preacher of the -riday Seron 8hatib9 or as

the &eader of the ritua& prayers ia9 or as professor of &aw

udarris9 un&ess he was a fo&&ower of one of these schoo&s of

&aw; The urisconsu&ts of these cities issued &ega& opinions through4

out this period9 a8ing it ob&igatory to fo&&ow these schoo&s and

prohibited adherence to any other; Such is the practice up to this



day;

@G

Qa6ri:i9 who stradd&ed the fourteenth4 Rfteenth centuries (YY4

MJ = G @YM4 G MM!9 sees to have been unaware of the fact that these

four schoo&s of &aw had a&ready eerged as the so&e survivors at an

ear&ier date e&sewhere; A&ready in *aghdad9 the ca&iph an4Nasir @ had

&iited the appointent of 6adis to the four schoo&sZ and after hi9 it

was the sae four schoo&s of &aw that were represented in the Qadrasa

Qustansiriya in *aghdad9 founded by the ca&iph Qustansir in Y@G =

G@; @@ *oth ca&iph and su&tan9 in doing so9 were on&y conRring a

fait accop&i Z for neither of the cou&d contro& a atter that be&onged

to the consensus of the counity; The &iitation had a&ready been a

atter of consensus a century before the accession of Nasir to the

ca&iphate; -or9 as a&ready entioned9 about the year MJ = GH9 the

&ast representative of the ahiri schoo& of &aw died9 ar8ing the

extinction of that schoo& in the cu&tura& centre of Is&a; @M

Y; 7ey to %nderstanding the 'henoenon



of the Schoo&s

y

Is&a

■gfei

is

I; The /ise of the Schoo&s of Law

Qihna; Qoreover

Qus&i wor&d;

pent



e&opent

into consideration; In the history of this deve&opent9 there are two

oents of great signiRcance Z they have to do with the &ast two

schoo&s of the four surviving schoo&s of &aw, the schoo& of Shaft +i and

the schoo& of Ahad b; "anba&Z Shaft +i9 for his synthesis of reason and

authority in the &aw9 and Ibn "anba&9 for heroica&&y surviving the

In6uisition; Shaft Ts achieveent9 with which Schacht has dea&t so

we&&9 need not be dwe&&ed upon here; Through ShaR+i9 the traditiona&4

ist thesis was accepted over that of the ancient schoo&s Z that is9 he

rep&aced the +&iving tradition+ of a given city with the tradition of the

'rophet;

coe between ah& a&48a&a

Qu

these are the two antagonistic groups of ShaRVs tie; The rationa&ists

had not &ost their iportance after Shaft +iZ on the contrary9 their



forces were increasing in po&itica& strength; In fact9 when Shaft c i died

Qu+ta:i&is

Qa c un; It was the period of the i

oveent

science; It was a&so the period of the great In6uisition9 in which the

Q

Qa+un9 a&4Qu J tasi

Qutawa88i&



-ro that tie

Qu+ta:i&is was Rnished as a po&itica& power9 and traditiona&is

assued

oveent was Ahad

persecution by sheer patience and pertinacity; Against the passive

an; the Qu+ta:i&i oveent

po&itica& strengthZ it wou&d never recover it;



becoes

fro

the persona& one; -or the change into persona&&y designated schoo&s of

&aw is in itse&f indicative of a ra&&ying ca&& of the traditiona&ists to

eu&ate the 'rophet and his discip&es; ?ust as the 'rophet was the

ia

fo&&owers9 sahib9 pi; ashab; The criterion of &eadership was universa&

Is&aic

The pro&iferation of persona& schoo&s9 each with its &eader9 was

accop&ished in this anner; Of those that survived9 the Rrst three

cae into existence before the In6uisition; If the other nuerous

schoo&s disappeared9 it was not because of &ac8 of &ega& 8now&edge on



INSTIT%TIONS

y ind

oveent

eney

is

$onteporary with the deve&opent of the schoo& of Ibn "anba&



cae

of tie9 then disappeared; Two proinent

?

*efore the Rfth = e&eventh century was over9 both had disappeared

fro *aghdad; *ut the "anba&i schoo& reained9 surviving the attac8

of the &eader of the ?ariri schoo&9 the great historian Ibn ?arir at4

B

tions as a urisconsu&t;

ipugned Ahad b; "anba&

*ut &ega& 8now&edge was not at issue9 however ustiRed or unustiRed



the criticis of Ibn ?arir ight have been; The "anba&i schoo& cae

into existence not as the resu&t of a &ega& stance ta8en by its &eader9 but

rather as the resu&t of a traditiona&ist theo&ogica& stance ta8en by hi

against Qu"a:i&i rationa&is on the 6uestion of the created character

of the 7oran; Against the Qu+ta:i&is9 Ibn "anba& aintained that the

7oran was the uncreated word of )odZ and this doctrine reained

the strict traditiona&ist thesis of Is&a; The creed9 prou&gated under

the nae of the ca&iphs a&4[adir ( ca&iphate , @ G 4M = CC G 4 G H@ G ! and

a&4[a+i (ca&iphate, M4Y=GH@G4J! in the Rrst decades of the

Rfth = e&eventh century9 inc&udes the doctrine of the uncreated word

of )od; True to its origins9 the schoo& of Ibn "anba& is a theo&ogica&4

>.> 0; 4 ■;G0GG

a

character;

Is&aic re&igious history; Is&a

foreost9 a noocracy



to be found in its &awZ and its &aw is the source of &egitiacy for other

these&ves

&tiate

triu

itii:ing agency and the agency of oderation

ust

oveents



Qu

schoo&9 and the Ash+aris9 the ShaR+i; @J

oderation9 Is&aic

traditiona&ist deve&opent of its schoo&s with that of the "anba&is9

eventua&&y reecting the ahiri schoo& which had gone to extrees in

bv refusing to acceKt the princip&e of ana&ogy; @Y *y the

is

end of the third 6uarter of the Rfth = e&eventh century9 this schoo& had

eans



that it had &ost its

eectiveness in that city &ong before that date; The signiRcance of the

G G ; Typo&ogy of I nstitutions of Learning C

eergence of the ahiri schoo& &ies in the fact that the oveent of

traditiona&is had been growing ever ore traditiona&ist; It is

indicative of the traditiona&ist oentu gone berser8; Its deise is

,<AZ>Z nn 54;f thf3 pprtivpnpw nf the &aw as an a>encv of oderation;

?ariri schoo&9 its deise ay

hi

uhaddith9 hadith4expert9 not a fa6ih9 urisconsu&t; This ay we&&

have roused the suspicions of the traditiona&ist urisconsu&ts that the

?ariri schoo& was &i8e&y to deve&op in the direction of anti4hadith



rationa&is;

Qoderate traditiona&is triuphed9 Rnding its Rna& expression9

both in &aw and theo&ogy9 in the founding of the "anba&i schoo&; When

coe

eer

Thus the adhabs receiving the approva& of the counity s

consensus were a&& considered e6ua&&y Sunni9 e6ua&&y orthodox; The

teaching authority rested in the hands of the doctors of the &aw9 acting

itii:



tap

triu

a&ist4inspired In6uisition9 signa&&ed the direction soon to be ta8en by

Is&a+s institutions of &earning; These institutions cae to ebody the

idea&s of traditiona&ist Is&a9 foreost aong which was the priacy

of the &aw;

II; TD'OLO)D O- INSTIT%TIONS

O- L1A/NIN)

i; )enera& /ear8s

Is&a the ad

priari&y to the study of Is&aic



Is&aic sciences; The asid9 fro

Is&ai

asid cou&d be devoted to any one

wish ps of the founder; The adrasa

studied as anci&&aries; @

priari

adrasa

Is&a ay be divided into two periods , pre4 and post4adrasa; As

Is&a separated the Is&aic sciences fro those it referred to as the

+foreign sciences+9 institutions in the pre4adrasa period ay further

be divided into those exc&usive9 or inc&usive9 of the foreign sciences;

The pre4adrasa institutions exc&usive of the foreign sciences were



the ai+s with their ha&6as9 and the asidsZ those inc&usive of these

sciences were the various institutions whose designations inc&uded the

"

IO

INSTIT%TIONS

ters

aristans9 fro the 'ersian biaristan; The adrasa itse&f9 exc&usive

of the foreign sciences9 deve&oped without9 as we&& as with9 the adunc4

tion of a os6ue9 whether of the asid9 or ai0 variety; The &atter



1gypt

With the advent of the adrasa

becoin

adrasa

Kaascus9 raising the ran8

sae tie

ing the ter dar9 as though to accentuate the triu

is over the orta& reains of the institutions inc&

r; snVnrps ■ the dar a&4+i& and coornate institutions; +

deve&opent



7oranic st

Kaascus

adrasa were the onasteries

ost

turba; /ibats appear ear&y as institutions of &earning9 a&ongside the

asid9 teaching SuRs through the study of hadith Z and by the sixth =

twe&fth century9 cobine the study of SuRs with &aw;

-ro another standpoint these institutions of &earning ay be

further divided into exc&usive and unrestricted institutions , exc&usive9

adission

ebers of that



ebers

aditted; 1xc&usivity app&ied on&y to

asiid9 when it was devoted priari&y

adrasa

aditting adherents of any and a&&

ai

> ■ > > >>>& > >> >> >> t > > > 0 >>> > X X ■ >8 w X ■

the institutions inc&usive of the foreign sciences9 as we&& as the

n t



aristans9 and the onasteries

i; 're4Qadi

a; Institutions 1xc&usive of the -oreign Sciences

Qa&is and the 'riacy of the Qos6

os6ue9 as

ter

Is&a

hadith too8 p&ace, 8haraa ; ; i&a a&isihi +&&adhi 8ana yu&i Rh&



0&4hadith (he &eft for his ha&& in which he dictated hadith!; MH It was

aihsan au

u6addau

ashabih9+ wa +&&adhi a&asa ba+dahu R a&isih (he was the ost

advanced of his fe&&ows >discip&es9 the one who succeeded to his

G G; Typo&ogy of Institutions of Learning G G

In orpho&ogy9 the ter a&is is a noun of p&ace (is a8an9

noen &oci! of the verb a&asa which9 when used &oose&y9 eans to sit9

and as such9 is a synony of 6a+ada; *ut9 proper&y spea8ing9 6a+ada

eans to sit down9 whereas a&asa eans to sit up9 to sit up straight; The

action of a&asa ta8es p&ace fro a s&eeping9 rec&ining9 or prostrate



position; The texts are not &ac8ing wherein a professor is said to have

Rrst perfored his prayers in the os6ue and then to have sat up9

Qaster 4?

3f

u

wa +s4sunna (they used to attend the -riday Service and pray two

&b



Sunna!;

MM

eant the position assued

by the professor for teaching after Rrst having perfored the ritua&

os6ue

sessions wherein the activity of teaching or other &earned discussions

nuber of activities; The ter



eane the

ars who discuss J ; Qore particu

una:ara eant the eetin

is a&4+i& was a eeting usua&

dith; and ore genera&&y9 discuP

ter a

eetin

c&assroo for the purpose; Qa&is a&4 c i& was a&so used in

to edicine, 8ana &ahu a&isu +i&in &i +G4ushtaghi&ina

t4tibb ( he had a seinar for those studying edicine under

ion!9 said of QuwafTa6 ad4Kin 0Abd a&4+A:i: as4Su&ai

MY

aascus



Qa&is a&4hu8 eant

ai&is a&4wa+:9 the eetin

eic seron , and a

assroo

"asan

who

ai&isi +G4hu8i wa4&a i&a a&isi +t4tadrisi R 8u&&i yauin



custo

roo nor to his &aw4c&assroo

M

eeting4p&aces were , a&is ash4shu c ara+9 a eeting

ains a&4adab9 for be&&ettnsts ,

G

INSTIT%TIONS



a

ter

eaning was ade c&ear when the ter was coup&ed with the word tor

dictation9 a&is a&4i&a+; M

The os6ue preserved its priacy as the idea& institution of &earn4

ing9 and &aw9 its priacy as the idea& re&igious science; *oth idea&s are

voiced in *aghdadi+s wor89 entioned above9 in the tit&es of soe of

his chapters , -ad& aa&is a&4R6h +aid aa&is adh4dhi8r ( The 1xce&&ence

of Sessions on /e&igious Law over Those of the SuR dhi8r! Z MC -ad& at4

ifc



Qany -ors of 'iety! Z JH Tafdi& a&4R

?urisconsu&ts

estab&ishing the exce&&ence of the study of urisprudence on the basis

of scriptura& texts9 *aghdadi devotes a chapter to -ad& tddris a&4R6h

fV&4asaid (The 1xce&&ence of Teaching Law in the os6ues!; J

! The ?ai+ and its "a&6as in *aghdad

a! The ?ai+; The terino&ogy used for the designation of institu4

tions of &earning is not a&ways easy to pin down; This is especia&&y true

of the ear&v centuries of Is&a9 when the terino&ogy was _uid9 during

4ent

ade between the two types of os6ues

Is&a, the $ongregationa& Qos6ue9 ai

;y os6ue9 asid; The ter ai c is e&&if



os

ter

ai+9 cae to be used for the -riday $ongregationa& Qos6

contradistinction to the ter asid9 for the non4congrega&

os6ueZ the forer being the os6ue which had the chai

seron

We

orist Qaward

ai+ or as

nae; Qaward



rtasaa

right to teach there9 according to Qa&i8, wa4idha

audi+in in ai+ au asid9 fa46ad a+a&ahu Qa&i8 aha66a bi

+G4audi+9 idha +urifa bih (when the professor ho&ds a post in a

particu&ar &ocation in a ai+ or asid9 Qa&i8 considers hi to be

entit&ed to it9 if it is 8nown by his nae!9 thus a8ing a distinction

between ai+ and asid; J@ Note that the distinction ade here is

not sip&y in the os6ue as a p&ace of prayer9 but as an institution of

Qaward

ai

which the various Is&aic sciences were taught; The ha&6a was

coon to a&& iai+s; The iai+s of Kaascus and $airo diered9

II; Typo&ogy of Institutions of Learning G@



however9 fro those in *aghdad9 in that they had :awiyas9 referred to

a&so as adrasas9 where &aw was taught according to one of the four

Sunni adhabs; The %aiyad Qos6ue of Kaascus9 ca&&ed a&so

a&4?ai0 a&4Qa+ur9 and the $airene a&4?ai0 a&4 f Ati69 had each

eight :awiyas for this purpose; JM It is noteworthy that &ater under the

Ottoans9 the Su&aianiya Qos6ue in Istanbu& had a&so eight

adrasas; YJ

In contrast to both *aghdad and Kaascus9 there were a great

nuber of -riday Qos6ues in $airo9 a atter which went counter to

the consensus of the doctors of Is&a9 aong the ShaR+i; JY In

*aghdad9 on the other hand9 there were on&y six ai+s9 or -riday

Qos6ues9 in the idd&e of the Rfth =e&eventh century9 but hundreds of

asids9 or sip&e os6ues;

In *aghdad9 the ha&6a of a ai0 served other purposes besides that

of teaching one of the various Is&aic sciences or their anci&&aries9 such

as the issuing of &ega& opinions (&i+G4fatwa9 &i+G4ifta J !9 for regu&ar

sessions of disputation (&i J n4na:ar9 &i +G4una:ara!9 for a cobination

of both (&i+G4fatwa wa+n4na:ar9 &i+G4fatwa wa +G4una:ara!9 for

de&ivering acadeic serons (&i J &4wa c :!9 for both disputation and

acadeic serons (&i +G4una:ara wa J &4wa0:!; J

The ca&iph+s authori:ation was needed in order to designate a ai0

as such; The fo&&owing passage regarding the ai c in the "arbiya

6uarter of *aghdad is ta8en fro the Qunta:a of Ibn a&4?au:i

(d;JC = GHH! who has it on the authority of a&4[a::a: (d;J@J = G GMG !9



fro a&47hatib a&4*aghdadi9 fro "i&a& as4Sabi ( d; MM = GHJY!9 a&&

three9 historians of *aghdad,

A&4"ashii had bui&t a asid in the "arbiya 6uarter in the

ca&iphate of a&4Quti0 bi +&&ah ca&iphate, @@M4Y@=CMY4M with

the intention of a8ing it into a ai0 in which the 8hutba is

de&ivered; The ca&iph a&4Quti0 did not give his authori:ation for

it9 and the asid reained as such unti& the accession of the

ca&iph a&4[adir bi +&&ah9 who as8ed the urisconsu&ts for their

&ega& opinions regarding the atter; Their consensus passed

favourab&y on the &egitiacy of the ai 0 there; Whereupon the

ca&iph gave orders for it to be renovated9 furnished for the pur4

pose9 and outRtted with a inbar for the -riday seron and

he appointed an ia to &ead the -riday prayers in it; This too8

p&ace in the onth of /abi0 GG in the year @@ a;d; Qay 4?une9

CC@4

J

Ibn a&4?au:i then 6uotes a&47hatib a&4*aghdadi as saying,

I &ived to attend the -riday prayers being perfored in *aghdad

in the Qos6ue of a&4Qadina Qos6ue of the /ound $ity of the



$a&iph a&4Qansur9 in that of the 6uarter of ar4/usafa9 a&so

ca&&ed the Qos6ue of a&4Qahdi9 in the Qos6ue of the $a&ipha&

'a&ace ?ai0 a&4[asr9 in the Qos6ue of the *aratha 6uarter9

GM

INSTIT%TIONS

r

Qos6ue of the -ief of % ?aTar9 and in the Qos6u

os6ues reai

Qos6

Qos6

perfored



The passages ust 6uoted are signiRcantZ they show that *aghdad9

in the idd&e of the Rfth = e&eventh century9 had sixai+sZ that ai+s

were designated as such by order of the ca&iph9 it being his pre4

rogative to authori:e or prohibit their constitution as suchZ that the

ca&iph appointed the iaZ that ai+s were few in nuber9 co4

pared with the great nuber of asids in a city; *aghdad was cited

as having as any as three thousand os6ues9 which eant three

thousand of the non4congregationa& type; The ai G of the *aratha

6uarter was changed in status fro a ai0 to a asid in MJG = GHJC;

This date is signiRcant in that it was in this year that *asasiri (d;MJG =

GHJC!9 the Sunni Tur8ish genera&9 who was 8i&&ed by the Sa&u6

-atiid

f the ca&iph a&4[a+i; After

ai c of its status as punishe

Shi+is of the *aratha 6uarter who had supported *asasiri;

There is9 therefore9 a fundaenta& distinction to be ade between

the two types of os6ue9 a distinction re&ated to the type of re&igious



service invo&ved; The 8hatib who de&ivered the 8hutba9 -riday ser4

on9 in which the nae of the sovereign was entioned9 was

nr;nrnnf4;4" bv the r;a&inh; The 8hatib entioned the nae of the

coraan

naes of both ca&iph and su&tan were ention

a8

of force greater than a&& other contenders for power; The su&tan then

seron

co



b ! Appointents to "a&6a 'osts; The stateent has been ade and

reiterated that the o\cia& ca&&ed Na6ib a&4"ashiiyin in *aghdad

appointed professors to teaching posts in the great Qos6ues9 the

ai+s; "e has been represented as the head of a gui&d of asters; -ro

here it was but a sip&e step to arrive at the conc&usion that there was

a university in *aghdad in the e&eventh century; A gui&d of asters in

*aghdad wou&d thus be the counterpart of the &atter universitas

a

i

po&itica& situation existing in *aghdad at the tie can be a serious

hindrance to understanding the deve&opent of its institutions of

&earning;

( G ! The $ase of a&47hatib a&4*aghdadi; The notion of a university

in *aghdad is based on an anecdote re&ated by Da6ut (d;YY=

I L Typo&ogy of Institutions of Learning GJ



GC!; YH *aghdadi as8ed the ca&iph for perission to dictate hadiths

Qos6ue of a&4Qansur; "is re6uest to the ca&iph a&4[Z

Qansur (The obect of y re6uest is that I be p

diths in the Qos6ue of Qansur!; YG The passage

fo&&ows, fa4ta6addaa +&48ha&&fatu i&a Na6ib an4Nu6aba+ bi4an

yu+dhan &ahu _ dha&i8Z fa4hadara +n4Na6&b (So the ca&iph gave

orders to the Na6ib an4Nu6aba J ` Na6ib a&4"ashiiyin that

*aghdadi be peritted to do so9 and the Na6ib attended the session!; Y

It wi&& be noticed that the sae verb used in reference to the

ca&iph9 was a&so used in reference to the arsha&& of the "ashii

sharifs9 descendants of the 'rophet, anyudhan9 +that he be peritted J ;

eant



Q

such appointents9 whether of a teporary or peranent nature; In

ean

Qos6ue of Qansur

ists9 hosti&e to *aghdadi; The function of the na6ib9 as arsha&& of the

inns

against deonstrations &eading to riots; *aghdadi9 who had been a



ebersh

&ess in itse&f9 but had a&so changed his a&&egiance to Ash+aris9 to

which the "anba&is were opposed; "e had a&so referred to Ahad b;

Qaster

consu&t9 as Tabari had done before hi; Y@ The 6uarter of *ab a&4

*asra was the strongho&d of the "anba&is9 and the Qos6ue of Qansur

was in their 6uarter; Anyone of a controversia& character who wanted

to preach there or dictate hadiths had to have the n6ib+s guarantee of

safe conduct9 not his perission to perfor a teaching function in the

Qos6ueZ that was the prerogative of the ca&iph a&one;

There are two subse6uent cases which bring out the connection

Qos6ue of Qansur



i

Qos6

(! The $ase of a&4*a8ri; In the year MJ=GH9 a&4*a8ri9 an

h+ari preacher9 succeeded in preaching in the Qos6ue of Qansur9

co

an

protection against the hosti&e inhabitants of *ab a&4*asra; A&4*a8ri

had perission fro Ni:a a&4Qu&8 (d;MJ = GHC! to preach in his

Qadrasa Ni:aiya in *aghdad9 where he preached Ash+aris and

"anba&is



Qos6ue of Qansur

the na6ib to faci&itate his preaching there; The na6ib+s answer was,

&a ta6ata &i bi4ah&i *ab a&4*asra ( I do not have the power to cope with

iY

INSTIT%TIONS

the inhabitants of *ab a&4*asra ! ; The ca&iph urged hi , &a budda in

udarati hadha +G4ar (it is abso&ute&y necessary that the atter be

anaged!; Whereupon the na6ib answered, ib0athu i&aiya ashaba

+sh4shihna ( send e the en of the shihna ! ; The shihna then appeared

with his ared en; YM

(@! The $ase of A&4 c Abbadi; In the year JMY = G GJ9 on as8ing the

ca&iph+s perission to ho&d a session in the Qos6ue of Qansur9



?anib

&a yua88inuna i+

West Side a8e

arsha&& of the "ashiis

hi (fa4daana &ahu Na6it

hiay

which a&4 c Abbadi was shouted down9 bric8s were thrown9 and the

crowd was dispersed; +Abbadi was surrounded by bodyguards9 with

drawn swords9 unti& he had Rnished9 after which he was safe&y &ed

awav +out of his ind with fear J ; YJ

e

'rophet9 the sharifs9 under his urisdiction; "e acted on orders of the



ca&iph in providing protection to the professor whose authori:ation

for dictating traditions in the Qos6ue of Qansur cae fro the on&y

person who cou&d give it9 nae&y the ca&iph; It is therefore tie to &ay

to rest the Rction of an a&&eged head of a gui&d of professors in *aghdad;

That the arsha&& Tirad a:4ainabi was in charge of the Abbasid

"ashii nobi&ity9 and the Ta&ibi arsha&&9 in charge of the c A&id

nobi&ity9 can be c&ear&y seen in a nuber of texts; YY

In Tirad a:4ainabi+s biographica& notice9 he is said to have taught

hadith in the Qos6ue of Qansur; Y If he had actua&&y contro&&ed

teaching in this Qos6ue9 there wou&d have been no necessity

for the biographer to say that he dictated hadith there9 as is said of

u

scho&ar of hadith9 of such a reputation as to earn for hi the privi&ege

Qos6ue of Q



u

becae faous for the subect; Its status is ade c&ear fro

tie

[utrub; The case of a&4[

uch

arsha&& of the "ashiis; ?

Ash+aris of *aghdadi was oensive to the inhabitants of the 6uarter

of *ab a&4*asra9 the Qu+ta:i&is of [utrub was opposed by the

coon peop&e of the 6uarter where [utrub wished to read his

coentary on the 7oran in the Qos6ue; -earing the reaction of the

crowd9 because he had incornorated Qu+ta:i&i doctrines into his co4



I L Typo&ogy of Institutions of Learning G

entary

Qa

hapion Qu0ta:i&is during the Qih

Qansur

■

ai+s of *aghdad; This appointent was a atter



and it was to the ca&iph that the obection was raised; YC

ai09 where the ca&iph ade appointent

cou&d have its ia chosen by its &ounder whoever he ight be;+.

A&4Qardawi wrote of this in his Infdf as fo&&ows , a person ay be

appointed (by the founder9 wa6if! as ia of a asidZ he ay

stipu&ate its ias to be&ong to a certain adhab exc&usive of other

adhabsZ the asid itse&f ay be restricted by the founder to

adhab

adhabs

G



On the other hand9 Ibn "ubaira was against such restriction;

ai+9 in contrast9 diered fro the as

to adhab;

of Subects in the "a&6a

ai

Ko:y gives the fo&&owing

eanings, c a eeting of students around a prof esse

cession of &essonsZ a&so9 a ha&& where soeone in pi



professor gave &essons C ;00 There were any

ai

soeties 8nown by the discip&ine taught in the

instance9 the study4circ&e of the graarians9 ha&6at an4nahwiyinZ

the study4circ&e of the hadith scho&ars9 ha&6at ah& a&4hadith; They

were a&so 8nown by their occupants9 as in the case of the Study4

$irc&e of the *ara8ids9 "a&6at a&4*arai8a; This ha&6a was prob4

ab&y naed after the *ara8i fai&y9 the father Abu "afs ( %ar b;

Ahad a&4*ara8i ( d;> =[[!9 M and his three sons; J

ai

G

the city; In the case of the hadith4expert Abu *a8r an4Naad ( d;@M =

CYH!9 it is said that he had two ha&6as in ? ai+ a&4Qansur; The text

runs as fo&&ows, 8anat &ahu R ?ai0 a&4Qansur yaua +&4uii+ati



ha&6atani 6ab&a Vsa&ati wa4ba c dahaZ ihdahua &i +G4fatwa R J &4R6hi

c a&a adhhabi Ahad9 wa +G4u8hra &i4i&a+i J &4hadith (he had in

?ai+ a&4Qansur; on -riday two ha&6as9 before and after the -riday

Service9 one for issuing &ega& opinions according to the schoo& of

Ahad b; "anba& and the other for dictating hadith!; Y Abu

'"asan b; a:4aghuni ( d;J = G G @ ! had a ha&6a in which he taught

two subects9 one before and one after the -riday Service, 8anat &ahu

ha&6atun R ?ai0 a&4Qansur yuna:iru Rha 6ab&a J s4sa&at9 thua

ya+i:u ba+daha (he had a ha&6a in ?ai+ a&4Qansur in which he con4

i

INSTIT%TIONS

ducted disputations before the -riday Service9 and then preached an

acadeic seron after the Service!; Abu +G4Wafa+ b; a&4[auwas

(d;MY = GH@! had a ha&6a in ?ai0 a&4Qansur for both disputations

and &ega& opinions; Ibn a&4*anna+ (d;MG =GH! had a ha&6a in

?ai G a&4[asr in whi5

?ai0 a&4Qansur



acadeic serons

wa+:9 G or for fatwas a&one9 or these three Re&ds cou&d a&& be the sub4

ects of one and the sae ha&6a; @ In the Qos6ue of Qansur9 there was

a ha&6a for graar9 "a&6at an4nahwiyin9 M graar being a ter

that covered &iterature as we&&; Adab4&iterature was a&so taught in

ha&6asZ a&4?awa&i6i had a ha&6a for this purpose in the Qos6ue of the

$a&ipha& 'a&ace; J

In a8ing his appointents to ha&6as9 the ca&iph cou&d be pre4

vai&ed upon by en of in_uence or great scho&ar&y reputation in

favour of a particu&ar candidate; -or instance9 Abu Qansur b; Dusuf

(d;MYH=GHY!9 the wea&thy "anba&i erchant9 was instruenta& in

getting the young Ibn +A6i& (d;JG@=GGGC! appointed to the presti4

gious "a&6at a&4*arai8a in ?ai+ a&4Qansur over the head of his

senior9 the Sharif Abu ?a c far (d;MH= GH!9 and this &ed to troub&e

for Ibn +A6i& and to his exi&e; Y An ear&ier instance is the case of the

ia

i, [u



(Abu

Da+6ub9 step up and ta8e over the ha&6a!; Abu Da+6ub was the

patroniic of a&4*uwaiti (d;@G =MY!; The ca&iph cou&d not have

been opposed to ShaR+i+s choice;

A ha&6a was a professoria& chair; This is what was said of the post

?ai0 a&4[5

uni+a +G4)ha:nawi ina +G4u&usi _ ?ai

[asr wa4ruR+a 8ursiyuh (In the on

a&4

fro ta8ing his seat in ?ai+ a&4[asr and

his chair was reoved!; In ?uada G of the sae year9 he was given per4



ission to assue his chair once again in the ?ai0 , udhina &i +G4)ha:4

nawi R +&4+audi i&a +G4u&us; In both passages9 the passive verb9

according to custo9 referred to the ca&iph;

The si:e of the ha&6a varied according to the subect taught in it;

A ha&6a where hadith was dictated was9 genera&&y spea8ing9 &arger

than one9 say9 on &aw or graar; The si:e was a&so aected by the

reputation and popu&arity of a given professor; *ecause of the &arger

attendance for hadith9 assistants were hired to he&p in re&aying the

voice of the professor to those rows of attendants who were too far

reoved fro the professor to be ab&e to hear hi c&ear&y; The assist4

ants9 ca&&ed usta&is9 repeated the text dictated by the professor so

that a&& cou&d ta8e it down in dictation; C

The iaiE besides beins, a p&ace of worship for the Qus&i con4

II; Typo&ogy of Institutions of Learning GC

seron

Is&aic



inc&uding Arabic &anguage and &iterature9 were taught; 1ach pro4

fessor had his subect9 or subects9 to teach in a ha&6a9 and each ha&6a

had its attendants aong interested students; The professors were

paid by the ca&iph; CH There is no avai&ab&e evidence of stipends for

students; Students were free to attend any ha&6a they wished to

attend9 presuab&y with the perission of the professor9 for the ai c

was an unrestricted institution; The on&y restriction wou&d be in a

ha&6a where &aw was being taughtZ here on&y those students cou&d

any Qus&i was free to change his a&&egiance fro one adhab to

another9 at any tie9 and attend the ha&6a of his choice; The ai0

Western

ters

d! The Qa8tab and the 7uttab; The a8tab was the institution of

&earning where e&eentary education too8 p&ace and the studies of



which &ed to the &eve& of higher education9 such as specia&i:ation in

&aw; 0Abd a&4)haRr a&4-arisi (d;JC=GG@M! 6uotes a urisconsu&t

Z of a forer c&assate, 8ana shari8i R +&4a8tab

y c&assate in the a8tab and in the study of h

f the a8tab &ed to study in a asid4co&&ege or a

CG

The

ai

a8tab and 8uttab were schoo&s for e&eentary

"owever



the two9 at &east in Nishapur; 0Abd a&4)haRr a&4-arisi attended the

a8tab at the age of Rve where he studied the 7oran9 and &earned the

profession of faith in 'ersian; "e then attended the 8uttab after reach4

ing the age often9 and there he studied adab4&iterature9 copying and

eon:in

u

C@!9 aong whose pupi&s were the sons of the ca&iph a&4Qu6tadir

(ca&iphate, CJ4@H= CH4@ !; C@ 'upi&s are said to have entered the

a8tab at the age of seven9 CM and ten; CJ The a8tab is entioned as

a schoo& where 8hatt9 ca&igraphy or writing9 is taught9 CY as we&& as

the 7oran9 C the creed (i+ti6ad! and poetry; C

@! The ?ai0 in Kaascus

The ai0 in Kaascus9 the %aiyad Qos6ue9 diered fro that of

*aghdad with regard to the institutions of &earning within it; Whereas

in *aghdad the ha&6a was the on&y institution of &earning within the



ai09 the %aiyad Qos6ue in Kaascus boasted severa& technica&

ters for its institutions; Nu0aii gives a brea8down of these institu4

tions for the period in which he was writing his boo8 ( tenth = sixteenth

century!; CC

H

INSTIT%TIONS

"a&6as and Qi

i

naes of their incubent

tie of Nu aii

i e aii states thai



utasaddirs9 ho&ders of a post of tasdir9 for

3o any9 he said9 to cite the by the nae

ho&ders;

ter

seven verses of the opening chapterZ or chapters two to eight of the

7oranZ or the who&e 7oranZ and asba0 a&46ur+an refers to the seven

sections9 or vo&ues9 of the 7oran; GHH It ay a&so refer to the variant

readings of the 7oran; GHG Nu+aii cites twenty4four such sab+s with9

for exap&e9 @ students in a beginners+ sab c where the students

&earned to eori:e the 7oran Z and @JM students in as4sab+ a&48abir9

)reat Sab c Z and MH students in Sab0 a&47uriya; The reaining sab+s

are designated by the incubent professors or by one of two adhabs ,

the "anba&i and the Qa&i8i;

d! 2awiyas; The :awiya in the %aiyad Qos6ue was referred to

a&so as a adrasa; There were eight such :awiyas, two ShaR+i9 one

"anba&i9 three "anaR9 one Qa&i8i9 and one designated ash4Shai8hiya9

naed after Ibn Shai8h a&4Is&a; Aong these eight :awiyas9 there

was one designated a&4)ha::a&iya9 naed after )ha::a&i (d;JHJ=



G GGG! who taught Shaft +i &aw there after &eaving the Ni:aiya of

*aghdad where he had been teaching that subect fro MM to M h;

(a;d; G HC G 4J!; The sae :awiya was a&so designated an4Nasriya9

naed after the previous incubent9 Nasr a&4Qa6disi ( d;MCH = G HC ! 9

a Shafts urisconsu&t;

M! The ?ai0 in $airo

a ! =>awiya; The phenoenon of the :awiya as a co&&ege of &aw within

the arni0 is a&so found in the ear&iest ai c in $airo9 which was

various&y designated as a&4?ai0 a&4 c Ati6 (The O&d ?ai c !9 Ta a&4

?awai0 (The $rown of the ?ai+s! or the ?ai0 of c Ar b; a&4 c Ass9

the Rrst great Qos6ue to be bui&t in $airo after the Is&aic con6uest;

The 1gyptian historian a&4Qa6ri:i cited eight :awiyas in this Qos6ue

fot the teaching of &aw; GH The &ast two are said to have been for the

teaching of hadith (&i46ira0at a&4i c ad!;

b! "a&6a9 Qa6ri:i said that there were a&so ha&6as in this Qos6ue9

ore than forty of the before the p&ague of MC h; B for teaching the

Is&aic sciences (&i4i6ra J a&4 c i&!; GH@

c! The Qadras a4 ? ai0; ?; 'edersen saw no distinction between

adrasa and os6ue because he was concentrating on the Qos6ues

of $airo9 the ai c s which were adrasa4ai+s; Indeed9 the ain

function of any ai+s in $airo was that of an institution of &earning

priari&y9 whi&e serving secondari&y as a -riday Qos6ue9 whence the

GGH



II; Typo&ogy of Institutions of Learning G

great nuber of ai0s in the city; This practice9 going counter to the

previous custo of *aghdad9 was censured by a&4Qa6ri:i9 who

pointed out that in one case the ca&& of the ue::in of one os6ue was

we&& within earshot of another os6ue; GHM The custo9 based on a

tradition of the 'rophet9 was that a city shou&d have on&y one great

os6ue for the -riday congregationa& service9 the presence of ore

than one thus being unusua& and re6uiring ustiRcation and approva&

by fatwa; GHJ

In *aghdad it was the ca&iph who9 on the fatwa of the urisconsu&ts9

founded the great Qos6ues9 or changed the status of a asid to that

of a aiE It was a&so the ca&iph who appointed &earned en to the

teaching posts in a aiE In the Sa&u6id period when the su&tans

ade a show of force in the city9 they bui&t aai+9 ?ai c as4Su&tan9

the Su&tan+s Qos6ue9 on *aghdad+s 1ast Side; GHY *ut this Qos6ue

cae &ateroinder the urisdiction of the ca&iph9 when Sa&u6id power

was on the wane; In $airo9 the adrasa4ai c was founded by ca&iphs

as we&& as other high o\cia&s of the centra& power;

Soe of the great adrasa4ai c s of $airo9 in addition to the ear&iest

Qos6ue entioned above9 inc&ude, ?ai0 a&4"a8i9 GH a&4?ai c

a&4A:har9 GH ?ai0 a&4Qa&i8 an4Nasir "asan GHC and a&4?ai0 a&4

Qu+aiyadi;



J! The Qasid

Qasids existed as co&&eges ear&y in Is&a; Abu ?aTar a&4Qa+dani

(d; G @= JH! taught in the +Qasid of the Qessenger of )od J (Qasid

/asu& A&&ah!; GGG It is possib&e that the 'rophet hise&f had taught his

discip&es there; Qasids were designated by the naes of those who

taught in theZ as9 for instance9 the Qasid of c Abd A&&ah b; a&4

Qubara8 (d;GG = C !B GG with an adacent 8han as a residence for

out4of4town students; GG@ Da6ut cites asids for graar and phi&o4

&ogy for the second ha&f of the second =eighth century9 aong the

that of the graarian a&47isa J i (d;GC =HJ!; GGM There were any

other asids 8nown by the nae of the professors for who they

were founded or by the founding professors, the Qasid of ShaR"

(d;HM=o!9 GGJ &ocated on Saron /oad in *aghdadZ GGY the Qasid

of [adi Abu "assan a:4iyadi (d;M =JY! Z GG the Qasid of Abu

*a8rash4ShaR B i(d;@JM=CYM!Z GG theQasidofKi c &i(d;@Ji=CY!Z GGC

the Qasid of Abu Sah& as4Su+&u8i (d;@YC =CH! Z GH the Qasid of Ibn

a&4*aiyi0 (d;MHJ = GHGJ! Z GG the Qasid of ar4/aushanani (d;MGG=

GHH! Z G the Qasid of ash4Shara6ani (d;MJG = GHJC! Z G@ the Qasid

of Abu *a8r ash4Shai (d;M = GHCJ!9 &ocated in the 6uarter of the

-ief of % /abi09 in which he taught for over Rfty4Rve years unti&

his death9 the &ast ten years of which he served a&so as chief 6adi of

*aghdad; As chief 6adi9 he refused reuneration9 insisting on per4

foring his duties persona&&y without a substitute9 na+ib9 a practice

which a&&owed hi to fu&R& his responsibi&ities e6uitab&y9 without



INSTIT%TIONS

specia& favours; It is perhaps for this reason that he did not teach in a

adrasa where he wou&d be beho&den to the founder; GM Qasids con4

adrasas

I I I ft ft I ft >L W ft; Q >> >>>>L >>? 0t>> 0M>>V >'3>>> >>>r 0Q>r +0w>>>> 0> >>>> >M>>8 >>> tf>>>ft

rious parts of the eastern ca&iphateZ for instance9 the Qasid

iaR0 a&4?i&i (d;JM@ = G IM! GJ and the Qasid of Ibna&4Quna (

! GY in *aghdadZ and any others in Nishapur; G

Qasids thus served as co&&eges for the Is&aic sciences an

raar



cae to be used ost&y &or &ega& studies9 betore e aovenr HG uic

adrasa9 around the tie the adhabs began to diinish in nuber9

Rna&&y crysta&&i:ing into the four that cae down to odern ties;

Though asids cou&d not be used for &odging9 they were 8nown to

have been the &odging p&ace of ascetics for &ong periods of tie9 in

addition to serving as a resting p&ace for wayfarers and the destitute;

'rofessors &eading ascetic &ives were a&so 8nown to have &ived in the

asids in which they taught; G

Qasids were a&so institutions of &earning for Shi +i urisconsu&ts9 as

f]r in[tanre that of the faous Ibn a&4Qu+a&&i (d;@C = GHH!9 a&so

QuRd

West

eritorious

asids was a practice fo&&owed by en of power and in_uence9 ai4

-ad& b; Dahya (d;GC=H!9 appointed in G=CM as governor of



7hurasan bv the ca&iph "arun ar4/ashid9 founded any asids

ncub

7urdi

as

experience throws &ight on the deve&opent of the adrasa; The

faous wa:ir of the )reat Sa&u6s9 Ni:a a&4Qu&89 besides founding a

vast networ8 of adrasas9 continued to found asids and nbats

throughout the &ands of the 1astern ca&iphate; This 8ind o& phi&an4

thropy was expected; The )ha:nawi Qahud b; Sabu8ta8in

+ i os6ues great and sa&& in

ia of the as



a&& the regions under his urisdiction; G@G

The professor9 who was usua&&y a&so t

&ived in a house nearby; This was the case with Abu *a8r a&47hawa4

ri:i (d;MH@ = GHG! on 5Abduh /oad in *aghdad9 who resided in a

house opposite his asid9 G@ Sibt Ibn Qansur a&47haiyat (d;JMG =

rr> &iv>" in > iinner4_oor roo of his asid; G@@ Ibn a&4Quna

asu

& as

West

ties9 however9 when

os6ues in which they tZ

3 ove out fro their

II; Typo&ogy of Institutions of Learning @

except one who was a&&owed to reain; Ibn c A6i& issued a &ega&



eans

In Nu+aii+s Kdris9 J asids are &isted for Kaascus; They are

described9 for the ost part9 as endowed and staed with an ia

and a ue::in; The Qasid of Ibn ash4Shahra:uri was so designated

because the &atter used to teach wa+: there; G@

In Nishapur9 the Qadrasa Ni:aiya had within its precincts a

asid in which 7oranic studies were taught; G@ On the other hand9

the asid of as4Sanda&i (d;MCM=GGHG! had a adrasa attached to

it; G@C In the Rrst case9 it appears that the wa6f was chie_y that of a

ay

severa& such asids bui&t within the precincts of adrasas, a asid



in a adrasa 8nown as Kar Tar8hanZ GMH a asid in Qadrasat a&4

"anabi&aZ GMG in a&4Qadrasa a&4AiniyaZ GM in a&4Qadrasa an4

NuriyaZ GM@ in Qadrasat *u:an b; Dain a&47urdiZ GMM in a&4Qadrasa

as4SadiriyaZ GMJ in a&4Qadrasa a&4A8a:iyaZ GMY in a&4Qadrasa a&4

Qu+inivaZ GM in a&4Qad

Qadras

[abbabun9 Wet $oopers!Z GM and in a&4Qad

Qa&i8is

as

a&4"adith founded by Nur ad4Kin an8i in the 6uarter of "aar



adh4Khahab; GJH

as

aascus Z as for instance9 Qas

Sa&& )ate9 which9 at the tie

Qasid

ia

ue::in

Qa&i8 a&



as

these are cited by Ibn Shaddad (d;YM= GJ!; G

J

7h

any purposes in edieva& Is&a

served as a hote& or innZ GJ@ on the road9 as a way4side inn Z so a&so in the

coercia&

any shops; GJY 7hans were a&so incoe



incoe

7han

the 7ar8h 6uarter on *aghdad+s West Side9 the incoe of which was

used for the aintenance of a bridge across the Tigris; GJ Such was

a&so the purpose of a 8han in one of the &ega& opinions issued by Ibn

Taiiya (d; = G@!9 an inn the incoe of which was destined to

M

INSTIT%TIONS

pay the stipends of the wa6f beneRciaries; GJ

b tV9<> functions9 the 8han a&so served as doritory



as

the fourth = tenth century9 we Rnd such a 8han founded by the wea&thy

erchant Ki+&i b; Ahad b; Ki+&i; It was &ocated in Suwai6at

)ha&ib (The Sa&& Qar8et of )ha&ib!9 near the Tob of Suray the

ce&ebrated ShaR+i urisconsu&t; Ki+&i ade this 8han wa6f for ShaR i

students of &aw; In the second ha&f of the Rfth = e&eventh century9 on

i:a a&4Qu&8

ade

G

Qa&i8

Ibrahi a&4"aadhani (H;MHC=GHCHZ9 wuuu;; J 4 <<< <4 <



ance; This inforation is given by the son of "aadha9 Abu G4

"asan Quhaad (d;JG = G G!9 who states that the 8han was sti&&

serving as such for ShaR+i students of &aw down to the date o& his

writing GJC In the second ha&f of the fourth =tenth century9 and over a

period of three decades9 a vast networ8 of 8hans for students of &aw

were endowed by *adr b; "asanawaih; GYH

In the Rrst and second ha&ves of the Rfth =e&eventh century9 8hans

are cited for this sae purpose in *aghdad9 on both the east and west

sides of the citv; As9 for instance9 the 8han of the "anaR students of

&aw in the 6uarter of the -ief of /abi+9 on *aghdad+s West Side which

was burned and its roos &ooted in the year MM@=GHJG4; &ne

ShsR+i students of &aw had such a 8han in the fashionab&e 6uarter o&

*ab a&4Qaratib9 on *aghdad+s 1ast Side9 &ocated opposite the asid4

co&&ege of &aw whose professorship was he&d by Abu Isha6 ash4

becae

Qad

as a doritory for the ShaR+i students of &aw attending Shira:i s

asiid4co&&ege9 and there were ten to twenty discip&es &iving there;

The 8han as an inn is a&so 8nown to have been used for private



teaching or tutoringZ as in the case of a urisconsu&t9 a stranger in

roo

&aw;

GY@

b; Institutions Inc&usive of the -oreign Sciences

G ! The Libraries

The various institutions cited under this rubric were essentia&&y

&ibraries9 not &oca&es for the teaching of regu&ar&y constituted courses

of study; D; 1che ade an exce&&ent study of these institutions; bix



the

worus aic vuivtu in inu t>>;; H=

of these designate &oca&es, bait (roo!9 8hi:ana (c&oset 9 and dar

t ;G i>< 5r< ><>3; Vi80 fwiar&o>; i& 8now4

-ro

derives seven ters designating &ibraries, bait a&4hi8a9 8hi:anat a&4

G G; Typo&ogy of Institutions of Learning J

hi8a9 dar a&4hi8a9 dar a&4+i&9 dar a&48utub9 8hi:anat a&48utub

and bait a&48utub; Two others ay be added, bait a&4+i&9 GYJ and

a&48hi:ana a&4+i&iya; GYY Thus9 a&& possib&e cobinations of these

ters



1ach divided the history of these institutions into two periods, the

period of *ait a&4"i8a9 and the period of Kar a&4T&; This division9

a&though probab&y ustiRab&e9 can on&y be regarded at this stage of our

ore

on historica& facts; The di\cu&ty is that at the present stage of docu4

entation

that of the institutions treated Z oreover9 the ters in these sources

were used interchangeab&y9 and perhaps anachronistica&&y; Soe

exap&es wi&& serve to i&&ustrate these points;

Qa



ca&&ed 7hi:anat a&4"i8a; GY 0A&i b; Dahya a&4Qunai (d;J=

! is said to have co&&ected a &ibrary for a&4-ath b; 7ha6an (d;M =

Y G ! Z the texts here identify 7hi:anat 8utub with hi8a and 8hi:anat

hi8a; GYC The sae a&4Qunai is said to have had a pa&atia&

residence in which there was +a great 8hi:anat 8utub which he ca&&ed

7hi:anat a&4"i8a+; GH Spea8ing of the &ibrary of ?a+far b; Quha4

ad a&4Qausi&i (d;@@ =C@s!9 Da6ut said that he had9 in his town of

Qosu&9 a Kar a&4T& in which he ade a 8hi:anat 8utub of a&& Re&ds

of 8now&edge; GG A&47hatib a&4*aghdadi9 spea8ing of +A&i b; Quha4

ad a&4*a::a: (d;@@H =HM !9 said that he had a bait +i&; G Sabur b;

Ardashir (d;MGY=GHJ! bought a dar (residence! in *aghdad in

@ G = CC G 9 stoc8ed it with ore than ten thousand vo&ues in a&& Re&ds

of 8now&edge and ca&&ed it Kar a&4+I&; G@ The tenth4century geo4

grapher a&4Qa6disi9 in spea8ing of /ahuru:9 said that there was

in it +a dar 8utub &i8e the one in *asra and both dars be&onged to Ibn

of *asra was greater9 ore

ore

7utub



Qu&8 in the great Qos6ue of Isfahan GJ in the seventh = thirteenth

Qa

G G MM ! bui&t a 8hi:ana in a ribat and instituted his boo8s as wa6f in it; G Y

The &ibrary in the Shrine $o&&ege of Abu "anifa in *aghdad is referred

?

4Wafa+ (d;J=G@

Qadrasa Ni:aiy

*aghdad was ca&&ed by one author9 Kar a&47utub9 GC and by another

author for the Qadrasa Ni:aiya of Nishapur9 7hi:anat a&4+7utub; GH

Qus&i cities9 Da6ut uses the ter



singu&ar 8hi:ana; G

7hi:anat a&4"i8a

Qunai received visitors who cae

INSTIT%TIONS

Y

&ibrary9 giving the food and &odging9 at his own expense; IS

is said here of a wa6f9 or charitab&e trust9 set up in perpetuity;

I& of ?aTar b; Quhaad a&4Qausi&i

ade



fro access to the &ibrary +and when a stranger cae

ture9 if he happened to be in Rnancia& straits9 he QaiZ

gave hi paper and oney+; G "ere9 the boo8s were ade wa6f for

the use of see8ers of 8now&edge without exception9 and they were

he&ped Rnancia&&y on an individua& ad hoc basis;

In spea8ing of the Kar a&4T& founded in @G = CCG or @@ =CC@ by

Sabur b; Ardashir9 Ibn a&4?au:i reported the ters of the wa6f, four

persons were put in charge of it as trustees and careta8ers; There is no

ention of professors and students as beneRciaries9 nor any ention

of regu&ar courses of study; G@ When this &ibrary was burned and

&ooted in MJG = GHJC9 it was rep&aced with a dar 8utub founded by the

historian of *aghdad9 Ibn "i&a& as4Sabi (d;MH = GH!9 in /aab MJ

approxia

vo&ues

of 8now&edge with the &oss of the Kar a&4 & I& of Sabur b; Ardashir; G



M

en

of &earning for any years; Then he disissed the &ibrarian9 erased

the ention of wa6f fro its boo8s and so&d the; When this un&awfu&

action was disavowed9 he answered that the &ibrary was super_uous

next to the &ibrary of the (new&y founded! Qadrasa Ni:aiya; When

he was to&d that the sa&e of wa6f boo8s was forbidden by the re&igious

&aw9 his answer was that the proceeds fro the sa&e were distributed as

a&s to the poor; GJ The wa6f of this &ibrary concerned the boo8s and

the &ibrary staZ no ention was ade of regu&ar courses of study9

professors or students; The function of this &ibrary9 origina&&y founded

to rep&ace the Kar a&4T& of Sabur b; Ardashir9 was the sae as that

of the &ibrary of the Qadrasa Ni:aiya9 nae&y the furnishing of

boo8s for the see8ers of 8now&edge;

The activities that too8 p&ace in &ibraries were those invo&ved with

boo8s9 such as reading and copying; Qeetings were 8nown to have

ta8en p&ace there for the purpose of discussion9 disputation and the

&i8e; As for the actua& teaching of courses9 one rare case is 8nown

regarding the &ibrary in *asra cited by the geographer a&4Qa6disi

when he copares it with that of /ahuru:; "ere a&4Qa6disi cites



the activities of both &ibraries, for those see8ers of 8now&edge who

cae

the

E

ore

ore

boo8s; Then the passage continues 4 and this is the thing of rare

occurrence, +and in this one the *asrian &ibrary there is perpetua&&y

a nrofessor under who one av study 7a&a4theo&ogv according to



I L Typo&ogy of Institutions of Learning

the doctrines of the Qu>a:i&is J ; GY This9 according to a&4Qa6disi

whose wor8 was written in @J=CJ9 was happening in *asra9 away

fro *aghdad9 the cu&tura& centre of Is&a; It was not a centra&

function of the &ibrary9 but an added feature avai&ab&e for those who

as8ed for it; Nothing is said of students or staiving on the preises as

beneRciaries of a wa6f and fo&&owing regu&ar courses of study &eading

to certiRcation for teaching; These institutions were &ibraries essenti4

a&&yZ nothing in the sources a&&ows us to assii&ate the to co&&eges;

/egarding the two sets of ters used in nine cobinations9 two

rear8s see to be ca&&ed for by the foregoing stateents , ( G ! the Rrst

ter of the cobination9 bait9 dar9 or 8hi:ana9 sees to have been

interchangeab&eZ and ( ! of the ters which cae second9 hi8a

gave way to c i&9 and c i& to 8utub (boo8s!9 this &ast being the ost

appropriate9 since the institution was essentia&&y a &ibrary9 not a

co&&ege in which courses were regu&ar&y taught and &ed to a &icence to

teach; After the In6uisition9 a gradua& process set in9 in which the ter

hi8a9 representing the phi&osophica& sciences9 was cast aside9 and

the ter >i& was pressed into service by the traditiona&ists9 in order

to represent the Is&aic re&igious sciences and their anci&&aries;

! The "ospita&s

It is 8nown that hospita&s9 aristan9 were a&so schoo&s of edicine;

Ibn Abi %saibi+a (d;YY = GH!9 spea8ing of the physician Ibrahi

b; *a8s9 said that he taught edicine in the +Adudi "ospita&9 bui&t by

the *uwaihid +Adud ad4Kau&a; G This sae biographer of physicians

writes of ahid ar4%&aa who bui&t a hospita& in Qaiyafari6in and

of the edica& course estab&ished in this hospita&; G A&so9 there was a



wor8 containing a certiRcate of audition written and signed in the

0Adudi "ospita& in *aghdad where the wor8 was studied in the Rfth =

e&eventh century; GC

@; The Qadrasa and $ognate Institutions

a; The Qadrasa

The adrasa was the Qus&i institution of &earning par exce&&ence;

As such9 it was a natura& deve&opent of two previous institutions ,

the asid9 in its ro&e as a co&&ege of &aw9 and its nearby 8han9 as the

residence of the &aw students in attendance; The deve&opent of this

co&&ege was ade in three stages, fro the asid9 to the asid4

8han cop&ex9 to the adrasa; The asid invo&ved in this deve&op4

ent was that in which the teaching was devoted to &aw as its priary

subect; The basic &aw course of the asid9 usua&&y &asting a period of

four years9 re6uired a p&ace of residence for the &aw students who cae

to it fro out4of4townZ whence the deve&opent of the asid48han

cop&ex; -ro this cop&ex to the adrasa there was but one sip&e

step; The essentia& dierence between the second and third stage of

deve&opent is to be found in the &ega& status of the asid and that of

the adrasa; *oth institutions were based on the &aw of wa6f9 charit4

INSTIT%TIONS



ab&e trust; As a&ready entioned9 the asid9 once instituted as wa6f9

becae free of its founder+s contro&; Its wa6f was said to be a wa6f

tahrir9 +a wa6f of eancipation+; The re&ationship between it and its

founder was thus &i8ened to that existing between an eancipated

s&ave and the eancipating aster who re&in6uishes his rights over

hi; In contrast9 the adrasa cae under the contro& of its founder9

and that of his descendants9 in perpetuity9 if he so desired;

In the foregoing pages9 the asid was seen to have had its rise with

the rise of Is&a; The asid48han cop&ex deve&oped on a &arge sca&e

in the fourth = tenth century; The adrasa9 deve&oping in this century9

_ourished in the Rfth = e&eventh century; Such was the genera& deve&op4

ent of these institutions as ay be seen in the sources avai&ab&e; It is

a deve&opent which ay be traced through Qus&i phi&anthropic

activity during these centuries;

-ro ear&y ties on9 ru&ers ( ca&iphs9 su&tans9 a&i8s9 eirs9 wa:irs9

etc; ! as we&& as wea&thy erchants9 and professors with private eans9

gave support to scho&ars; Soe of these benefactors were possessors of

great wea&th9 and practised their phi&anthropy on a &arge sca&e Z others9

not so wea&thy9 practised it on a ore odest one; Iso&ated charitab&e

gifts by en of odest eans ay have created an institution of

&earning ear&ier than the dates here considered; This shou&d be granted

if on&y to avoid the pitfa&& of arguing fro si&ence in an area where the

sources are anything but ade6uate; *ut there is a better reason for

granting this, the foundation of certain institutions on a &arge sca&e

is usua&&y preceded by their prior foundation in iso&ated instances;

$onsiderab&e sus of oney are usua&&y invested in institutions on&y



after they have proven to be successfu& and socia&&y desirab&e;

Throughout the centuries9 phi&anthropists expended great sus of

oney on obects socia&&y and re&igious&y desirab&e; Such sus were

provided for distribution aong the poor9 the widows and orphansZ

for the shrouding of the dead Z for the pi&gris to Qecca and their

various needsZ for caps and re&ay stations9 and we&&s and supp&ies of

fodder9 a&& a&ong the pi&gris J roadZ for the up8eep of the sanctuariesZ

for individua& scho&ars9 or groups of scho&ars9 and such &i8e; *ut this

category of phi&anthropy was of a transitory9 _eeting characterZ good

for as &ong as it p&eased the donor to give9 or for as &ong as he &ived9 but

cut o with his disp&easure9 his disissa& fro o\ce9 or his death;

It was not this category of phi&anthropy that brought institutions of

&earning into existence; These institutions cae into existence after

the institutiona&i:ation of charity for purposes of education by the &aw

of wa6f; GCH With the wa6f9 institutions of &earning were ade per4

petua&9 and independent9 in soe cases9 of the donor hise&f9 and in

a&& cases9 of the donor+s &ife4span; This type of phi&anthropy occurred

on a very &arge sca&e in the fourth =tenth century;

The ear&y asids cited previous&y GCG be&onged to the eighth and

G G; Typo&ogy of Institutions of Learning C

ninth centuries9 perhaps ear&ier; "ow uch ear&ier is not 8nown9 ay

never be 8nown9 exact&y; What is certain is that the asid was the

Rrst type of co&&ege in Is&a9 and that it was a charitab&e foundation



governed by the &aw of wa6f; As a charitab&e foundation9 it was

endowed9 and the incoe of the endowent paid the sa&ary of the

professor who was usua&&y its ia9 or &eader of the prayer; When the

professor was paid fro the endowent incoe9 the student beneRted

in that he had no tuition to payZ but he had to provide for his own

&odging and subsistence;

Aong the wea&thy phi&anthropists of the tenth century the nae

of *adr b; "asanawaih a&47urdi stands out as one of the ost signiR4

cant for the history of Is&aic institutions of &earning; "is father9

"asanawaih9 who died in @YC =CC9 GC a an of power and in_uence9

is said to have expended great aounts on a&s4giving; *ut neither

he nor any of the other phi&anthropists of that century were cited for

having endowed institutions of &earning on a &arge sca&e; Aong the

were the other of the ca&iph a&4Qu6tadir9 8nown as as4Saiyida9 the

)rand Kae (d;@C =C@@ !9 whose annua& incoe fro her estates is

said to have aounted to one i&&ion dinarsZ GC@ *a8a the Tur8

(d;@C =CMG ! who he&d the tit&e of air a&4uardE a tit&e which was the

precursor of that of su&tan9 and who began the construction of the

great hospita& in *aghdadZ GCM the *uwaihid +Adud ad4Kau&a who

cop&eted the construction of that hospita&Z GCJ as4Sahib b; VAbbad

(d;@J =CCJ!9 wa:ir and patron of &earningZ GCY and other phi&anthro4

pists of &esser renown9 such as Ki+&i as4Siistani (d;@JG =gSs!9 who

estab&ished asids in *aghdad9 Qecca and Siistan; GC "is asid4

co&&ege in *aghdad9 which bore his nae9 GC was &ocated in the -ief of

/abir9 on Abu 7ha&af /oad of *aghdad+s West Side; GCC

With *adr9 however9 there was a new deve&opent; When his

father died in @YC =CC9 *adr was appointed in his p&ace as governor

over severa& provinces9 by 0Adud ad4Kau&a; The &ength of his tenure



was thirty4two years; HH As in the case of his predecessors9 he estab4

&ished pensions9 gave a&s to scho&ars9 to the poor sharifs9 to orphans

and to the poor asses; "e spent considerab&e sus in connection

with the pi&griage to Qecca; HG In a&& of this9 there was nothing

essentia&&y dierent fro previous phi&anthropy; When *adr died9

this side of his phi&anthropy died with hi, the beneRciaries suered9

and the pi&griage was cut o9 the roads no &onger being safe9 now

that annua& payents had ceased for the safe4passage guarantee of the

pi&gris;

"owever9 *adr estab&ished one type of institution9 which was of a

ore peranent character; Its peranence and widespread char4

acter constituted an advance of great signiRcance in the history of

Is&aic institutions of &earning; *adr estab&ished throughout the rea&

of his adinistration three thousand asid48han cop&exes , these

@[

INSTIT%TIONS



This inforation is found in a passage in Ibn a&4?au:i+s chronic&e; It

is the Rrst 8nown text to ention a deve&opent of such agnitude; It

runs as fo&&ows, Istahdatha _ a+a&ihi tha&athata a&aR asidin wa4

8hanin &i +G4ghuraba+ ("e *adr b; "asanawaih bui&t anew9 in the

provinces of his adinistration9 three thousand asids and 8hans9

the &atter for those away fro hoe; ! H The asid48han cop&ex

can be identiRed as such than8s to a description given by one of its

student residents in *aghdad9 in the second ha&f of the e&eventh

century;

fro

coe

the great Shira:i who was soon to occupy the chair of ShaR+i &aw in the

soon4to4be4bui&t Qadrasa Ni:aiya of *aghdad; Qeantie9 Shira:i

a



was MJY=GHYM9 one year before ground was bro8en for the new

Ni:aiya; The fo&&owing text is an autobiographica& note of the

student describing the situation as it existed in that year; "ere is what

he said,

Qaratib

Qaster

When we were any

of usZ when we were few9 there were about ten; Qaster Abu

Isha6 was teaching us the &aw course ta+&i6a in a period of

four years Z so that when the &aw student had &earned his course



tie9 it was no &onger necessary for hi

ywher

orning4prayer ghada+9 and another fo&&owing the prayer of

nightfa&& +isha+; In the year MYH a;d; GHY9 I crossed over to

the West Side (of *aghdad! to Qaster Abu Nasr b; as4Sabbagh

and studied his &ega& wor8 ash4Shdi& under his directionZ then

becae

died; H@

Other texts throw &ight on the function of the 8han next to the

as



ters, +When

they had &earned what had happened9 they went to the 8han of the

"anaR fe&&ows and scho&ars in the -ief of /abi0 and sei:ed what they

found9 setting Rre to the 8han and ta8ing the houses of the &awyers by

surprise J HM

The -ief of /abi5 was a popu&ous 6uarter of the city; HJ It had

as

as



G G; Typo&ogy of Institutions of Learning @G

its inn facing it and the ten4to4twenty students residing there; This

nuber is typica& of the nuber of students attending any of the

co&&eges of &aw that were &ater to be foundedZ and the _uctuation in

their nuber was due9 no doubt9 to the _uctuation in the endowent

incoe;

The asid4inn cop&ex undoubted&y existed before *adr b;

"asanawaih bui&t the on such a grand sca&e; This is 8nown to be the

case &ater with the adrasas which preceded Ni:a a&4Qu&8+s vast

networ8 of adrasas; *adr+s foundations constituted a great step

forward in the deve&opent of institutions of &earning9 especia&&y as

regards the provision of &odging for students; There ight be soe

6uestion about whether students were provided with food; One is

inc&ined to be&ieve that both food and she&ter were provided in *adr+s

asid48han cop&exes; The fact that the sources supp&y any cases

of students who had sti&& to provide for their own subsistence in &ater

ties does not c&ear&y prove that *adr+s resident co&&egians were not

receiving both food and she&ter; $o&&eges usua&&y aditted a axi4

u of twenty students in this ear&y period as we&& as &ater9 with few

exceptions; Students who were not co&&ege residents had to put the4

se&ves through co&&ege by wor8ing at various obs; HY

The ost signiRcant aspect of this stage of institutiona& deve&op4

ent is that it foreshadowed the deve&opent of the adrasa; The

transition fro *adr+s vast networ8 of asid4inn cop&exes to Ni:a

a&4Qu&8+s vast networ8 of adrasas is seen ost c&eariy in the exap&e

of *aghdad with the foundation of the Qadrasa Ni:aiya in MJC =



GHY;

One of the va&ues of the autobiographica& note of a&4-ari6i9 6uoted

above9 &ies in the dates cited, MJY = GHYM and MYH = GHY; These dates

cover the transition ade in *aghdad fro the asid4co&&ege and its

inn to the adrasa4co&&ege cobining both; -or -ari6i and his c&ass4

ates9 it eant cop&ete Rnancia& support for their scho&ar&y pursuits;

It shou&d be noted9 in this regard9 that Shira:i had at Rrst refused to

accept the chair of &aw in the new Ni:aiya for reasons discussed e&se4

where H at &ength and which had to do with the isappropriation of

ateria&s used in the construction of the adrasa; -or twenty days9

his riva& Ibn as4Sabbagh had occupied the chair to the de&ight of the

&atter+s students9 no doubt9 but to the distress of Shira:i+s students9 who

threatened to &eave hi and fo&&ow Ibn as4Sabbagh (d;M=GHM!

un&ess he accepted the chair which was rightfu&&y his; Shira:i Rna&&y

accepted Z his refusa& wou&d have eant a serious Rnancia& &oss for his

students9 H

adrasa

cu&u

cerned9 they reained the sae; Thus the fact that adrasas were



Rrst instituted outside *aghdad had nothing to do with the &eve& of

@

INSTIT%TIONS

cu&ture of the regions in which they were founded; *aghdad was9 and

reained for &ong9 the cu&tura& centre of the Qus&i wor&d; What it

did eanwas that Ni:a a&4Qu&8 and the Sa&u6s were strong enough

to found such institutions in *aghdad9 encroaching upon the patron4

age of the ca&iph in his own bac8yard; *efore the9 adrasas founded

by powerfu& patrons were conRned to areas outside Ira6;

Ni:a

ade

g their &ead fro



u&aa these&ves

ith the asses ot their to&&oE

i:a were sxeat statesen

consuate po&iticians; Any incubent of a high o\ce

aintain hise&f there

9 v y

i

copetitive9 were coveted by ab

cubent 4 such a an



indeed a po&itica& genius; *adr was governor over severa& provinces

for thirty4two yearsZ and Ni:a9 for thirty years9 a prie inister

under two of the great Sa&u6s; These two aster po&iticians 8new

Rr

The u&aa indebted to their &argesse were a guarantee ot their con4

tinued success; In return9 the u&aa were provided for9 and the

schoo&s of &aw to which they be&onged found the co&&eges to be exce&&ent

a

which provided for the student and another that cou&d not9 the student

in need had &itt&e di\cu&ty in choosing between the two9 and9 in doing

so9 he had to ebrace9 as his own9 the adhab represented by the

institution;



fro

asid9 to the asid4inn cop&ex9 to tne aarasa di uuiw >

institutions; At soe point in the second =eighth century or ear&ier9

ecoe

co

further and provided the student with &odging and perhaps food;

&earning;



GH

b; $ognate Institutions

ost desirab&e type of foundation in Is&a9 and the ost

eritorious

status hindered its adaptation to the deve&oping needs of educationa&

institutions; A&though a creation of its founder9 the asid was

independent of hi; This situation tended to discourage their founda4

tion as co&&eges; Whi&e founders wished to have their institutions serve

acco

t&&> GGV;V%? V=A TT W0 >000> <0< ;; yy =]



p&ish these purposes whi&e continuing to exercise contro& over the

G G; Typo&ogy of Institutions of Learning @@

career of their creation9 and to pass that contro& down to their

descendants to the end of their agnatic and soeties cognatic &ines;

Various ways were therefore tried over the years to reconci&e these

con_icting needs9 resu&ting in a variety of so&utions often invo&ving the

os6ue

os6ues was radica&&y dierent fro

s 7oran dec&ares the as be&onging I

as

nor rented9 nor put to private use9 as K;Santi&&ana9 citing ur6ani

(d; n =GGH!9 states9 c Non possono essere ne venduti9 ne &ocati9 ne

adibiti ad uso privato (sa&vo a&cuni casi9 per esepio per &+insegna4

ento de&&e scien:e sacre!+; GG Once the property was ade wa6f9 a&&



the founder+s rights ceased to exist9 except in the case of a asid4

co&&ege9 when the founder cou&d stipu&ate regarding sta and studies9

u

The fo&&owing &ega& opinions wi&& i&&ustrate these points; A fatwa was

so&icited on the 6uestion whether the 6aiyi cou&d bui&d shops in the

precincts of the asid in his care; The urisconsu&t+s answer was, &a

ina G4asudi

hi to a8e any part of the as

fro

a



!dge students after becoing a adrasa and asid co4

adrasa ha& tastairru sa8anan ba+da sairuratiha adra4

danB!; G@ The 6uestion points to the i&&ega&ity of using

as

as

Ta6i ad4Kin as4Sub8i (d;JY=G@JJ! &i8ens the wa6f status of a

osaue to that of a anuitted s&ave, iust as the aster9 in freeing

G

os6ueZ once the os6ue

&onger retains any rights over his property; Such a foundation is a



wa6ftahrir3 a wa6f assii&ated to the anuission of a s&ave; GM

os6ue

as

adrasa

$ognate institutions began to be founded in earnest in the sixth =

twe&fth century; These were, dar a&4hadith9 dar a&46ur J an9 and the

Strict&y spea8ing9 the ribat is 8nown to have existed in the Rrst ha&f of

the second =eighth century9 and a dar a&46ur+an is said to have been



Kaascus

ad

as

&earning for SuRs9 with hadith being the vehic&e of SuR studies; This

Rrst dar a&46ur+an was without a se6ue& unti& c&ose to the turn of the

@M

INSTIT%TIONS

seventh 4eighth centuries (thirteenth 4fourteenth centuries of our

era!;



asid consisted of at &east an ia9 &eader

3f a adrasa consisted of at &east a udarris

r3f the four Sunni adhabs; *ut fro the

adrasa severa& variations deve&oped, (a! the doub&e adrasaZ (b!

the trip&e adrasaZ (c! the 6uadrup&e adrasaZ (d! the adrasa

with a asidZ (e! the adrasa with a ai+ Z (f! the adrasa with a

dar a&4hadithZ (g! the adrasa with a turbaZ (h! the adrasa with

a dar a&4hadith and a turba Z ( i ! the adrasa with a 8han6ah Z ( ! the

adrasa with a ribatZ (8! the adrasa with a aristanZ (G! the

adrasa4edica& schoo& Z ( ! the adrasa4:awiya;

The variations of the cognate institutions were the dar a&46ur+an

with aai+9 and the dar a&46ur+an with a adrasaZ the dar a&4hadith

with a adrasa and a ribat9 and the dar a&4hadith with a 8han6ah Z the

ribat with a ai+9 the ribat with a adrasa9 and the ribat with a

asid and auso&euZ the turba with a asid9 the turba with a

asiid and a a8tab9 the turba with a asid and a ribat and a8tab9

ai G and adrasa



adrasa

ashad

sisted of a asid and shrine of a Qus&i saint; The ost faous of

these was the Shrine $o&&ege of Abu "anifa9 riva& of the ShaR+i

Ni:aiva Qadrasa9 both founded in the sae year9 MJC=GHY9 in

"anifa consisted of a doe

tob of Abu "anifa9 a

ious&v as ashad9 as

Qashad

as



naes

i

sae institution referred to as the Q

Quhaad b; Qusa a&47hawari:i

:i

fessors &isted as having taught in the Shrine $o&&ege of Karb +Abduh; G

A third such institution of the "anaRs was the Shrine $o&&ege of the

'rophet Dunus founded for a urisconsu&t who was a student of Abu

5Abd A&&ah ad4Kaaghani (d;M= GHJ!9 therefore in the second ha&f

of the Rfth = e&eventh century; G



sun

or cop&ex9 be&onged to the founder; A&& institutions of &earning were

based on the &aw of wa6f9 a study of which9 as it app&ied to these

institutions9 is given in the fo&&owing section for a better understanding

of their rise and deve&opent;


@J

III; T"1 LAW O- WA[-

A study of the &aw of wa6f9 as it pertains to institutions of &earning9

aords us indispensab&e insights into these institutions; *asic infora4

tion can a&so be found in the extant deeds of foundation; %nfortun4

ate&y9 of the deeds which have coe down to us9 very few date fro

ear&v ties , thev increase gradua&&y in nuber on&y as they becoe



ore

Qadrasa Ni:aiya of *aghdad9 which has reached us in a frag4

entary state; %nder the circustances9 the fatwa4wor8s are ore

instructiveZ these are co&&ections of &ega& opinions regarding various

oe

uch inforation of fundaenta& i

&iited

as wi&& be seen present&y;

GC



i; The -ounder

a; [ua&iRcations

The founder9 wa6if9 of a charitab&e trust9 wa6f9 had to have certain

6ua&iRcations; "e had to be of age9 of sound ind and own9 outright9

the nronertv he intended to dec&are waof; Qany founders were b&aed

isa

-reedo

The founder was given wide &atitude in the estab&ishent of his

foundation; This was in 8eeping with the individua&istic character of

aic

thorough&y individua&istic; This shows itse&f9 for instance9 ; ; ; even in



the institution of wa6f9 the socia& eects of which have been very con4

siderab&e9 but which9 in its technica& function9 is strict&y individua&4

istic9 in so far as the provisions &aid down by the founder have the

force of &aw J ; G This fact is expressed in the oft4repeated genera&

princip&e in fatwas and wor8s on wa6f, nusus a&4wa6if 8a4nusus ash4

Shari0 (the provisions of the founder are as binding as those enacted

by the &awgiver 4 eaning9 )od!; The interpretation given this

G aiiy

stateent as eanin

they shou&d be understood and as to their evidenciary va&ue9 but not

the; -or the stateents

ore



the founder ust eet the re6uireents of the &aw before they can be

fo&&owed to the &etter; @ *ut it is 6uite c&ear that the founder+s wishes

were respected by the &aw; Anyone who fai&iari:es hise&f with the

&ega& opinions of edieva& urisconsu&ts regarding atters of wa6f wi&&

soon becoe aware of the fact that the ters of a wa6f instruent

were sacrosanct and were to be fo&&owed when 8nown; $&assica&

Is&aic &aw saw to that, it saw to it9 un&ess the &aw was thwarted9 as it

@Y

soeties

INSTIT%TIONS

he counity;

iposed his wi&& as regards the adinistration

appointent of trustees9 the designation of be

Kution of incoe; "e cou&d choose to reserve po

hise&f a&one



assue the post to the end of his &ine9 or he cou&d designate soeone

"e cou&d a8e odiRcations

ibutins0 the incoe9 stipu&ate

diinish

of his share9 add or exc&ude beneRciaries; "e cou&d further stipu&ate

od

B 0

exercised repeated&y;



Thus the founder was9 practica&&y spea8ing9 unfettered in his free4

do of choice; This is not surprising since the property he dedicated

to his charitab&e foundation had to be his own; This is why he cou&d

choose the anner of distributing his bountyZ for instance9 restricting

it to a certain segent of society9 by founding a asid or a adrasa

for one of the adhabs to the exc&usion of the others;

Liitation of the -ounder+s -reedo

the ters of the wa6f instruent cou&d not in any way contravene the

tenets of Is&a;

Ibn Taiiya went further; "e considered the stipu&ation of the

&i

a



u

Wea&th

wa6f instituted for rich peop&e was not &awfu&; If there was no good of

any 8ind in the wor8 stipu&ated9 either spiritua&&y or ateria&&y9 then

it was inva&id by genera& consensusZ for exap&e9 that the beneRciary

of a wa6f shou&d be ob&iged to eat a certain 8ind of food9 or to wear a

eee

the re&igious &aw9 or to forsa8e certain wor8s which it deeed desir4

ab&e;

M



Once the wa6f instruent was drawn up and the wa6f created9 the

ters; "e9 hise&f

the

becae

was a&&owed to fai& for want of a trustee; The 6adi was in fact the over4

atters

custo

tions in a&& atters regarding which there were no provisions in the



wa6f instruent;

The founder r;nn&d not use; the waof in order to beneRt fro it

G G L The Law of Wa6f

@

copensation tor services

rendered; A case is cited in "aitai where a piece o_and was ade

wa6f for a asid; The founder speciRed the aount of produce which

was to go to the asid annua&&y Z he assigned to hise&f the trusteeship

of the wa6f9 his wish being that what reained of the produce9 after

asiid; was to revert to hise&f

hi



hise&f

co

ade over to hi

aounted to the nora&

&ih!9 the wa6f was va&idZ it was not9 if in excess of it; J

This being the case regarding the founder+s discretionary powers9

ust

What



ay not be true of another; They shared in a great nuber of char4

acteristics9 but their dierences cou&d a&so be great 4 hence the need

for onographs on individua& institutionsZ onographs based on the

ters of the wa6f instruents9 when these are extant9 but a&so on the

historica& factsZ for there ay have been signiRcant departures fro

f instruent

isanaeren

ever9 as a&ready entioned9 the instruents of wa6f are few in nu4

ber9 and there is &itt&e that is said about the in the chronic&es9 or even

nforation

atters

of the co&&ections are of great assistance9 whi&e others treat institutions



soe

stateent of fact; It was e

it ay or ay not have been put into execution; The opinion se&do

ever gives the identity of the institution of &earning concerned; Qore4

over9 one ust not genera&i:e fro one institution to another by

ana&ogyZ for according to Ta6i ad4Kin as4Sub8i9 reasoning by

atters of wa6f (a&46iyas &a yu

; the fatwa reains an iportant

inforation

atters of c

ost cases passed the test of tie



The &aw of wa6f was genera&&y the sae for a&& Sunni schoo&s of &awZ

but there were soe dierences; One of these dierences deterined

i

the direction ta8en by the deve&opent of the Qa&i8i adhab and its

institutions of &earning; As a&ready indicated9 the founder cou&d

reserve to hise&f the adinistration of his wa6f for the reainder of

his &ife9 and to his successors to the end of his &ine; This ru&e was not

adhered to in Qa&i8i &aw9 which prohibited the founder fro con4

@

INSTIT%TIONS

hise&f as adinistrator of his own wa6f; To y ind

Qa&i8i x

in the Qidd&e Ages at a tie



fro the new adrasas as re5

a&so why the Qa&i8is; found c

adrasas

Is&a

1gyp

; The $orpus

ob

There were certain exceptions9 especia&&y boo8s; The property had



to be c&ear&y dec&ared wa6f by its owner; The dec&aration of wa6f9 in

order to be va&id9 had to be irrevocab&e9 unconditiona&9 and pera4

nent; Keeds of the wa6f were 8ept by the 6adi;

ade

ortgage

ance9 attachent9 or any a&ienation whatsoever9 with one exception,

it cou&d be exchanged for e6uiva&ent property9 or so&d9 subect to

andatory reinvestent of the price in another property (istibda&!9

if the founder had so stipu&ated in the deed of foundation9 or if the

origina& property fe&& into ruin or ceased to be productive so that the

obects of the wa6f cou&d no &onger be fu&R&&ed; C

@; Obects of the Wa6f

a; $haritab&e Obect

The &ega& ustiRcation of a wa6f was its charitab&e obect9 which con4

stituted the basis of its va&idity; The fact that property was dedicated

as wa6f for the advanceent of education9 which in c&assica& Is&a

was synonyous with the advanceent of re&igion9 was proof enough



ay

i

Ibn Taiiya (d; =G@!9 in one of his co&&ections of &ega&

opinions9 gives a &ist of wa6f obects, co&&eges (adrasa!9 os6ue4

@G

co&&eges (asid!9 onasteries (8hawani8!9 cathedra& os6ues

(ai0!9 hospita&s (aristan!9 onasteries (ribat!9 a&s (sada6a!9

re&ease of prisoners of war fro the prisons of unbe&ievers; @H This is

not a cop&ete &istZ there were other obects9 notab&y bridges;

In coparing it to Western &aw9 regarding its obects9 Vesey4

-it:gera&d writes that +the &aw of wa6f R&&s the p&ace which in other

systes is R&&ed by the &aw of pub&ic9 non4trading corporations (in4

c&uding9 however9 soe trade gui&ds!9 re&igious and charitab&e

foundations and trusts9 re&igious o\ces9 and fai&y sett&eents; It is

the on&y for of perpetuity 8nown to Is&a+; @



b; Kec&aration of Obect and Other $onsiderations

The &aw considered as nu&& and void the foundation which had no

obect; If the founder shou&d sip&y dec&are that he instituted his


@C

property as wa6f9 without dec&aring the obect of his wa6f9 it wou&d

be nu&& and void; @@ Nor cou&d there be any suspensive condition9 such

as a8ing the wa6f+s creation dependent upon a third party+s

action; @M A conventiona& option annu&&ed it9 too; @J The condition

that the wa6f cannot be &eased did not annu& it; @Y Leases of &ong

duration were prohibited Z the reason being that the person ho&ding

the &ease cou&d c&ai the property his own9 and ca&& upon his neigh4

bours as witnesses to testify that he had occupied the property as &ong

reeber; A as

eb



adhab cou&d be its beneRciariesZ the sae

ad

A wa6f for an i&&icit obect was nu&& and void Z as9 for instance9 wa6fs

for the construction of churches and synagoguesZ not so a wa6f for the

poor9 for &earned en9 for os6ues9 for adrasas; @ An i&&icit obect

of wa6f wou&d be that of an institution of &earning teaching doctrines

iniica& to the tenets of Is&a;

The obect of a wa6f did not have to be perpetua&9 though the in4

coe

cae



incoe was sip&y app&ied to another sii&ar obect;

@C

M; Q

HF

otive

good wor8s p&easing in the eyes of )od who wou&d not fai& to reward

the giver; Wa6fs were abundant in Is&a; They were an extension of

ade a&& the ore



eans

otive

Abdurrahi9 +is to enab&e the

advanceent in the &ife to coe

sae wav as bv eifts and be6ues

MH

Qot

The true test of the va&idity of a wa6f was in its dec&ared obect9 not

in the undec&ared otives of the founder9 if any; -or these ay very

we&& be other than its dec&ared obect; *eing the on&y for of perpetuity

in Is&a9 wa6fs were bound to serve other otivesZ for instance9 to

escape taxation9 to thwart the excesses of a son+s prodiga&ity9 or to gain



contro& of the popu&ar asses by having their re&igious &eaders in one+s

pay; One of the chief otives for estab&ishing a wa6f was to escape

conRscation; A saying current in the e&eventh4 twe&fth centuries indic4

an ana

a&ahu J &4fu6ara+9 sa&&ata +L&ahu +a&aihi +G4uara

his wea&th fro the Koor is ade the target of pi

MH

INSTIT%TIONS

in edieva& chroni

eir wou&d eerge

not have a po&icy of conRscation Z in which case9 the chronic&ers wou&d

announce that the peop&e cou&d a8e a show of their wea&th without

the ris8 of having it conRscated; M Such agnaniity on the part of

an eir was worthy of ention; Another otive9 undec&ared9 that of



estab&ishing institutions of &earning with endowed chairs for &earned

en in order to gain through the the support of their fo&&owers9 was

practised by any personages of power and wea&th9 the ore faous

aong the being *adr b; "asanwaih and Ni:a a&4Qu&8;

■ ?au:i censured urisconsu&ts who served en

the

overnent; They c&aied th

ede for their fe&&ow Qus&is

bounty in the fu&& 8now&edge that their wea&th was i&&icit; 1ven those

who had a &egitiate reason for visiting su&tans9 with good intentions9

were in danger of becoing habituated to a &ife of ease9 accepting

eo&uents9 and ceasing to be in a position to censure their inustices;

-or en of power sought out urisconsu&ts because of their need for

&ega& opinions issued in their favour; M@



c; Qisappropriation

The founding of wa6fs was a good wor8 high&y regarded by the

Qus&i counity; It earned for the founder9 besides gratitude9

prestige and power derived fro patronage; "e reaped the fruits of

patronage fro the u&aa who brought hi in return their &oya&

support and that of their fo&&owers; The ore wa6fs he founded9 the

broader the base of that support; *adr and Ni:a a&4Qu&8 and a great

any others are exap&es of such founders; *ut there were any

other founders of &esser renown who gave free&y9 soeties a&& they

possessed9 to institute a charitab&e foundation as an act p&easing to

)od9 and a eans to sa&vation; It is hard to exaggerate the great socia&

good resu&ting fro wa6fs which perfored any of the services that

fa&& to the pub&ic sector in odern states;

%nfortunate&y9 good wor8s are not a&ways safe fro corruption in

any age or p&ace; $haritab&e foundations were often used by un4

princip&ed persons to serve their own corrupt ends; -ounders whose

desire for fae was atched on&y by their wi&& for power by any eans

founded wa6fs on a grand sca&e with properties not their own; MM And

as properties of great charitab&e foundations often yie&ded incoe far

beyond the needs of their charitab&e obects9 corruption often too8

p&ace on the receiving end of these good wor8s, the surp&us often

eant



i ! Soe )ases

Q

an act

perfect&y innocent in itse&f9 were it not that the estate was wa6f pro4


MG

perty9 and therefore ina&ienab&e; She as8ed the 6adi for the wa6f

instruent



tie

ca&iph hise&f9 successfu&&y resisted her deand; MY

The two great adrasas of e&eventh4century *aghdad9 nae&y9 the

Shrine $o&&ege of Abu "anifa and the Ni:aiya Qadrasa9 were bui&t

with ateria&s isappropriated fro other properties; The forer

was founded by Abu Sa+d a&4QustauR (d;MCM= G GHG !9 the "anaR

Rnancia& agent of the Sa&u6 A&p Ars&an (reign, MJJ4YJ = GHY@4!9

and the &atter by Ni:a a&4Qu&89 A&p Ars&an+s and &ater Qa&i84shah+s

ShaR+i wa:ir; *oth institutions were begun in MJ h; and inaugurated

in MJC h;

Kubais9 the Qa:yadid9 in JG=GGG9 wanted to repossess a dar9

Qustarsh

Qos6



consu&ts as8ing for &ega& opinions; The chief 6adi and a group of uris4

ust

returned to its rightfu& owner9 and the deed of its wa6f be ade nu&&

and void; Ared with this opinion9 Kubais subitted it to the ca&iph9

as8ing that his property be restored to hi; As proof of ownership he

docuent

fro the aeent of the for

su

su



M

Qahud9 Abu Ta&ib as4Sairai

an who open&y coi

counity; "e once stripped the bui&dings ot the entire 6uarter o&

at4Tutha in *aghdad9 using the ateria&s to bui&d his pa&atia& resi4

dence on the Tigris riverside; When the peop&e of the 6uarter p&eaded

with hi9 he iprisoned the9 re&easing the on&y upon payent of a

ade

tis

vse&f in "e&&+ , and9 +Tru&y I a ashaed



of y excesses against the peop&e and y

have no protector J ; M

In Qa&u8 1srvut instances of isapp,

Qa6ri:i sees

i

instance9 in the case of the Qadrasa "usaiya

eir "usa ad4Kin Tarantav a&4Qansuri9 r

adrasa

MC



/u8n ad4Kin *aibars (regency, H4C=G@H4C! was praised by

Qa6ri:i for not isappropriating a sing&e thing for the onastery he

was founding9 or treating harsh&y any of the craftsen who wor8ed

on its construction9 or using forced &abour; JH The incidence of pressed

M

INSTIT%TIONS

Qos6

*arsbay (regency, J4M=GM4@! conRscated two wa6fs of the

Qadrasa

[ahiya9 and gave the as Refs (i6ta0! to two of his Qa&u8s



Qa6r,

as4Sa&ii (d;n = GMHC!9 accopanied by :

he&ped hise&f regu&ar&y to the incoe fro

Qos6ues and adrasas of $airo; J@

i!f ?aa& ad4Kin+s adrasa for which property was is4

appropriated; The su&tan had ?aa& ad4Kin arrested and put to death

in G = GMHC9 and conRscated his wea&th one year after the &atter had

inaugurated his adrasa; The su&tan was advised to bring down the

adrasa for its arb&e which was of great beauty9 and to have its

wa6fs annu&&ed and the properties returned to their rightfu& owners9

the revenues being considerab&e; "e was about to do so when his con4

hi that his action wou&d aount

the Rve prayers were perfored i

Qos6u



aong other things; The adrasa

der+s nae was reoved fro it; i

Another &engthy report is given by Qa6ri:i JJ on the isappropri4

ated character of the hospita&9 a&4Qaristan a&4Qansuri; An interesting

point about this case is that the urisconsu&ts issued &ega& opinions

against the &ega&ity of perforing the ritua& prayers in it9 reiniscent

Qadrasa Ni:aiya in *aghdad; JY Qa6r

aascus

which had served as its ode&9 goes on to a8e one of his suing4up

stateents regarding a&& p&aces of isappropriated character9 a state4

ent the &ast part of which fo&&ows9 ending on a note of ordant

cynicis,

And you9 dear reader9 if you were to &oo8 c&ose&y and 8now

what is ta8ing p&ace9 it wou&d becoe c&ear to you that the peop&e



invo&ved are nothing but croo8s stea&ing fro croo8s9 and

usurpers extorting fro usurpers; *ut if abstaining fro praying

on the grounds of the institution is in protest against the

tyranni:ing of the wor8ers and the exp&oitation of en9 then that

is soething e&se again; I entreat you9 in )od+s nae9 to te&& e

if I a wrong; *ut I 8now of no one aong the who has not

fo&&owed this path in his wor8s9 the on&y dierence being that

soe are ore oppressive than others; J

Such isappropriation was accepted as a fact of &ife9 abetted by the

shortage of bui&ding ateria&s; It was not an unusua& thing to erect a

new bui&ding fro the ateria&s of others ra:ed for the purpose Z these

were bought9 or ta8en forcib&y9 fro their owners; In the fo&&owing

century9 Nur ad4Kin an8i (regency, JC4YH = G GC@4GGH! J too8

IILThcLawofWa6f



M@

treasury

a&

onies in

nuerous

e

JC

aong en ot power9 or it the st

the purpose of instituting wa6fs;

! Anger and Indignation of the Koctors



atters

Qa

teporary posts fro

ust

how best to carry out one+s duties in accordance with )od+s &aw; The

indignation which pereates his wor8 is reiniscent of an ear&ier

wor8 by another urisconsu&t and seron writer9 the "anba&i Ibn a&4

?au:i9 in his faous but soeties isunderstood Ta&bis Ib&is; 0

In spea8ing of the su&tan+s duties and responsibi&ities9 Sub8i says

that he ust give serious thought to the u&aa and the poor and a&&

others e&igib&e for his aid9 giving each his rightfu& p&ace and seeing to



fro

se&f

t ust

the;

on the contrary9 &ay criina& hands on these wa6fs9 he wou&d be co4

pounding crie upon crie; "ow uch greater wou&d his crie and

punishent be shou&d he further a&&ow the sa&e of these foundations

and co&&ect bribes for doing so9 a&&owing these wa6fs to be p&aced in

hands other than those of their rightfu& beneRciaries9 what then wou&d

be his punishent in the wor&d to coeP YG

It is c&ear that wa6fs whose founders were dead cou&d suer fro the

depredations of the incubent su&tan9 governor9 or other o\cia& in

power; Wa6fs under these circustances were no &onger sacrosanct;

Sub8i then dea&s with the su&tan+s agents or representatives ( nu4

wab! who fo&&ow the exap&e of their &eader in a8ing the ost of

their positions for onetary gain; Y They often excuse these&ves by



cop&aining that they ust

the resnonsib&e9 their dutv

"is

advise the su&tan9 to curb his cupidity9 and do a&& in his power to

restrain hi fro the un&awfu& sei:ure of properties; YM -urtherore9

the wa:ir was to exercise great care to see that of the wea&th accuu4

&ated by the su&tan9 that which was &awfu&&y gained was to be 8ept

separate fro the rest9 otherwise the who&e wou&d be containated9

and thus becoe un&awfu& for u&aa to accept as eo&uents fro

the treasury; YJ This exp&ains why so any indigent re&igious scho&ars

refused to accept oney fro en of wea&th and power for the sip&e

reason that they cou&d not be certain of the &awfu& character of its

MM

INSTIT%TIONS

source; Another cause for refusa& was to 8eep one+s independence



rather than se&& one+s piety and honour for si&ver and go&d;

■ ?

co

and vices of his day; And if one is to give credence to the sources9 those

nuber

ties

7athir (d;M=G@! and a&4Qa6

ore than its share; *ut this ay



uch ore

ties

the; Qoreover

ind to &oo8 for the

e;s were the nora& ord5

■

forer

nora&



specia& wor8 to the subect; Other generations9 no doubt9 had their

the

ersed in the &iterature of the tie

hard&y iss the essage;

J; The Qutawa&&i

a; [ua&iRcations

The utawa&&i had to be a Qus&i9 &ega&&y responsib&e9 ab&e to carry

out his functions with 8now&edge and experience; If wea89 he was to

be assisted by a strong trustworthy person (ain9 +trustee+ !; If contro&

be&onged to soeone other than the one for who the wa6f was

origina&&y instituted9 and he received his appointent fro a 6adi

or the utawa&&i9 then he ust be c ad&9 that is9 he ust have an

honourab&e recordZ but if he was appointed by the founder9 and was

fasi69 that is9 one with a dishonourab&e record9 or was 0ad& and then



becae fasi69 his appointent wou&d be va&id9 but a trusted person

had to be appointed to assist hi; A fasi6 cou&d be appointed9 then

; 0 ; ;4 << = ii E i 0 u, 0;9 999> YY

ora&

who

hi

tie

ost worthy9 whether a an

woan= 5ad& or fasi69 because he exercised contro& for hise&f; Y >



ain to assist hi

( d;YHY = GHC! says +ada&a9 that is9 an honourab&e record9 is not stipu4

ust

ters

% Es E>s cE; i>t O V3 VIAa? i> A V40 i<0 v3 a4 ▼ >> > > ■ 4 >40 ■ 4 00> X4G X 4 4

X 4 4

opinion of three other urisconsu&ts; Y

G G G; The Law of Wa6f

MJ



If contro& was in the hands of a person origina&&y intended by the

wa6f and he was not 6ua&iRed for the post9 either because of his youth

inco

u

who

becae the u

ost [ua&iRed for the position o& u

was one who had not active&y sought the appointent9 and who was



u

was not trustworthy and capab&e of carrying out his duties persona&&y

or through his substitute9 na+ib; The fo&&owing were to be considered

on an e6ua& basis, a&es and fea&es9 the b&ind and those with eye4

sightZ so a&so those convicted of fa&se testiony if they have repented;

The candidate had a&so to be of &ega& age and in fu&& possession of his

■r

enta& facu&ties; YC

There was ore than one ter designating trusteeship , utawa&&i9

na:ir9 6aiyi9 ushrif9 ubashir; One wa6f ay have had ore than

one nost designated bv the sae ter9 or bv dierent ters; A adrasa

adhabs had three u

ushrif9

on&y a 6aiyi; The utawa&&i appears to have ran8ed above the na:ir



when both were in the sae foundation9 and these two9 above the

6aiyiZ but anyone a&one i

ay have varied; The ter

u

adinistration of the wa6f; The ters

ubashir (director9 executive o\cer!9 and u

&

incubent trustee or as co4adinistrators9 or as interi

soe



in the section on rights and responsibi&ities;

G

ointent

utawa&&i or na:ir9 adinistered

utawa&&i

nae

ent the Rrst utawa&&i and stipu&ate the anner of the appointent

of successors; If for soe reason the founder fai&ed to appoint a uta4



hise&f as utawa&&i

copetent

disiss hi

instruent

iss hi

wou&d therefore be nu&& and void; M An6arawi (d;GHC = GY! cites

two opinions9 one by Abu Dusuf9 another by Quhaad9 two

faous ear&v "anaR iurisconsu&ts9 regarding a wa6f the contro& of

MY



INSTIT%TIONS

which was not entrusted to anyone; Abu Dusuf says contro& devo&ves

upon the founder9 because for hi9 de&ivery of the wa6f is not a con4

dition of va&idity Z but with Quhaad such a wa6f is inva&id9 and

his is the ru&e that is fo&&owed in fatwas; J

When the utawa&&i

u&aa

&oca&ity; Y This &ega& opinion is based on the theory that wa6fs are

u&aa

earth;



who

ade the

ia (a

&aw (in a asid or adrasa!; If he refuses9 his refusa& had to coe

before his acceptance of it; /efusa& after acceptance was not va&id for

the contract had been conc&uded; Such was the opinion of Abu Isha6

Quhadhdhab

in

his ash4Shai& which a8es a distinction between wa6f and



testaent (wasiya! in such atters

other urisconsu&ts;

appointent as the titu&ar professor of the Ni:aiy

Qadrasa9 Shira:i refused to assue

isa

the ateria&s used in bui&ding the co&&ege; C When he Rna&&y accepted

the post9 he refused to pray in the co&&ege; H

According to Abu Da+&a (d;MJ=GHYY!9 in his a&4Ah8a as4Su&4

taniya G the ia of great Qos6ues (a&4awai c a&48ibar! was

as



ia

issed9 un&ess for cause; The causes were any

u

ai

issed

appointed in his p&ace;



@

Qawardi

ia

asid was appointed oy e 6

in the case of asids it is ore

hut with the agreeent of the

of a utawa&&i appointing an ia for a asidZ the appointent

shou&d be with the peop&e+s approva&;

To the 6uestion whether the 6uarter+s inhabitants have the right to

appoint a utawa&&i for the asid9 the "anba&i urisconsu&t a&4

"arithi



ia

ue::in

G G G ; The Law of Wa6f

M

cou&d appoint even the utawa&&iZ this being when there was no

ia9 nor a representative of the ia9 as for instance in sa&&

vi&&ages and far4out p&acesZ or if there was an ia9 but he was not

trustworthy9 or that he wou&d be &i8e&y to appoint soeone not trust4

worthy; %nder such conditions9 the inhabitants cou&d appoint a uta4

wa&&i of their choice in order to fu&R& the obect of the wa6f and avoid

vitiating it; If it was ipossib&e to appoint a utawa&&i9 then it was for

the head of the vi&&age to act as utawa&&i and to carry out the func4

tions of this post free&y because the wa6f ust not fai& for want of a

utawa&&i; There is a stateent to this eect by Ahad b; "anba&; Y

A basic reason can be seen here for Ni:a a&4Qu&8 J s choice of the

adrasa rather than the asid for his great networ8 of institutions of

&earning; In this way9 he was ab&e to side4step any for of &oca& contro&9



whether by the inhabitants9 or by thfe ca&iph or his representatives;

c; /ights and /esponsibi&ities

As a&ready entioned9 the post of utawa&&i cou&d be assued by the

founder hise&f; The utawa&&i cou&d a&so be the udarris (pro4

fessor of 7oranic science! of a dar a& 6ur+anZ if the onastery was an

shai8h (professor of hadith! of a dar a&4hadith9 or the shai8h (pro4

fessor of 7oranic science! of a dar a& 6ur+anZ if the onastery was an

iportant one the shai8h was ca&&ed shai8h as4shuyu8h and cou&d be

the utawa&&i of the foundation;

[adi47han (d;JC = G GCY! distinguished between the function of a

utawa&&i and those of a ushrif when both posts were in the sae

us

u

aintenance

ade the distinction between the function of the utaw



6aiyi; The utawa&&i

6aiyi was he to who

aintenance9 ia

tafri69 distribution of the stipends to the beneRciaries of the wa6f; The

6aiyi was under the authority of the utawa&&i and perfored those

functions which were ust be&ow those of the utawa&&i;

In another passage9 An6arawi distinguished between the functions

of three posts, the na:ir9 C the abi and the sairaR; The ob of the

ar

ar



4a&!; The ob of the abi (co&&ector

a0 a&4a&! fro the tenants fusta

a&

exaine the oney (na6d a&4a&

The ore iportant the wa6f9 the &arger was the nuber

id the ore specia&i:ed were the functions; -unctions perfo

sa&& nuber of adinistrators in a sa&& wa6f were dis

M INSTIT%TIONS

aong a greater nuber of the in a &arge one; In the process9

6uestions cae up as to what cou&d or cou&d not be done by a certain

o\cia&9 and distinctions were ade by the urisconsu&ts whose

a8es



co

fro the na:ir; CG [adi

7han a8es it c&ear that even if the foui

instruent of wa6f that the 6aiyi ay buy a bier with the wa6f+s

incoe9 the 6aiyi wou&d be he&d &iab&e shou&d he do so; C This

eant that though the founder cou&d stipu&ate posts and their occu4

pants9 he cou&d not a&ter their inherent functions;

The utawa&&i had a&& the rights and duties pertaining to the

adinistration of the wa6f; The authors &ist these as fo&&ows, bui&ding

and rebui&ding (5iara!9 preservation of the wa6f (hif: a&4wa6f!9

&easing the property (iara9 iar!9 p&anting (:ira+a!9 co&&ecting the

incoe of the wa6f estates (tahsi& ar4rai+!9 fro its rents (in

taQirih!9 fro its crops (in :ar+ih!9 fro its fruits (in thaariQ;

taniyatih!



aong

&eaning >iQdu9 paying us uenenciaries >i ta ai4usta669 ta8ing

a&& precautions to preserve the properties and their proceeds (hif:

a&4usu& wa J &4gha&&at f a&a J &i +htiyat!9 hiring (at4tau&iya! and Rring

(a&4 c a:&!9 and hand&ing a&& disputes and &itigations (a&4u8ha4

saa!; C@ The other functionaries were his subordinates to who he

cou&d de&egate soe of these duties; "is priary duty was to see that

the wa6f was adinistered in accordance with the conditions set

down in the deed; When the instruent of wa6f did not speciRca&&y

designate the utawa&&i as having the right to hire and Rre9 there was

soe 6uestion about his right to do so; Soe urisconsu&ts he&d that

this right had to be stipu&ated by the founder in the wa6f deed; CM

The utawa&&i+s authority extended over the estate and its pro4

ceeds; If9 however9 the wa6f instruent stipu&ated for hi the right of

disposa& and for another authority or for one person bui&ding and for

another co&&ecting the revenue9 then9 according to a&4"arithi9 the

stipu&ations were fo&&owed; Ibn Taiiya says that a Rnancia& agent9

ustauR9 cou&d be appointed to bring together the disparate wor8ers;

If a ustauR is necessary in order to 8eep the boo8s9 then he ust be

hiredZ but he ay be dispensed with when the wor8ers are few in

nuber; The ia+s doing the boo88eeping persona&&y is &i8e appoint4

ing the ia as 6adi; That is why the 'rophet used to act as 6adi hi4

se&f in Qedina9 and appointed others e&sewhere; CJ



On the 6uestion of who was to adinister the wa6f of a asid9 Ibn

Taiiya answered that no one but the utawa&&i in charge (an4na:ir

a&4utawa&&i ! has the right to adinister it; No one e&se cou&d anage

it without his perissionZ neither the utawa&&i of another wa6f9 nor


MC

u

6uestion9 nor any other; Nor cou&d anyone e&se disburse the revenue

as

u



utawa&&i cou&d adinister

tion as he saw Rt9 the actions and decisions of the utawa&&i were sub4

coon

not for the satisfaction of his own whis; C

The founder cou&d stipu&ate in the instruent of wa6f that the uta4

ay

RcationZ but he cou&d not stipu&ate that the utawa&&i ay accept or

reect a candidate as he p&eased; If the candidate was 6ua&iRed he

ust be accepted by the utawa&&i9 up to the capacity of the institu4

tion; C "aitai (d;CM=GJY! said there was soe 6uestion about

whether the utawa&&i+s functions inc&uded the adission of students



ean

foundationers;

If the founder stipu&ated that the foundation cou&d not be &eased for

ore

it when such &easing was in the interests of the foundation; @HH The

u

i



wa6f;

to soeone

perission

@HG

QiRd an4nfa9 wrote that the u

the properties of the wa6f in good repair and see8 to increase its yie&d;

"e

tutor of an orphan need not go to a&& &engths in see8ing to increase the

yie&d of properties in his trust9 but shou&d do so on&y to the extent

needed to ta8e care of the needs of the tutee without touching the

properties these&ves; Sub8i agreed with this opinion as a atter of



princip&e9 but added that it wou&d not hurt to go beyond those needsZ

ore

a&& too fre6uent9 wherein the properties were not even deve&oped to

ini

staticZ at worst9 regressive;

There was agreeent that a utawa&&i cou&d purcnase a snop9 a;

house9 or a8e soe other investent with the revenue of a asidZ

but shou&d he set out to se&& this investent there was disagreeent

aong the urisconsu&ts about whether he cou&d do so; There were

those who said +no+9 the investent being part of the wa6fZ and others9

+yes+9 he cou&d se&&; [adi47han agreed with this opinion because when

the utawa&&i ade the investent he ade no stateent which

n&d be construed to ean that he intended to set up additiona&



JH

INSTIT%TIONS

incoe

si

tion as wa6f; @HM An6arawi9 however9 &eft the 6uestion unanswered9

saying that answers have diered9 there being disagreeent aong

urisconsu&ts on this point; @HJ This indicates9 once again9 a tendency

Is&aic wa6f, buying and se&&ing G

Wa6f &and



utZ

the

not fruit4bearing; @HY Trees that were not fruit4bearing but sti&& stand4

ing on wa6f &and cou&d not be so&d either Z they had Rrst to be cut

down9 then so&d; @H

When a u

the

bui&ding be&onged to the wa6f if bui&t with wa6f funds9 but was his own

if bui&t with his own funds Z however9 he had to have witnesses testifying

to this eect9 fai&ing which the bui&ding was that of the wa6f; @H

When the founder stipu&ated his right to increase the sa&ary of a

certain beneRciary in his wa6f9 or to decrease it9 he cou&d do so

&ega&&y; *ut once having done this9 he cou&d no &onger reverse his

action9 because his stipu&ation aied at an action at his discretion9

and once having decided upon and executed that action9 the stipu&a4

tion was fu&R&&ed; *ut if he wished to do so repeated&y as &ong as he



hoever

chooses9

hoever

decrease the sa&ary of one whose sa&ary he has increased9 and to

increase the sa&ary of one whose sa&ary he has decreased9 to adit

anyone he wishes into the ran8s of the beneRciaries9 or to exc&ude

anyone of the beneRciaries9 at his discretion either way9 as &ong

as he &ives;

reain



u

have these rights9 un&ess they were so stipu&ated in the wa6f instru4

ent; The founder cou&d a&so stipu&ate such prerogatives for the uta4

wa&&i who succeeded hi without doing so for hise&f9 and cou&d sti&&

exercise such rights as &ong as he &ived9 if he so chose9 because by

stinu&atinp4 the for another he ade the avai&ab&e to hise&f; Then

&

hise&f

wa6f+s istibda& (changing the wa6f property for another! without

adding anything e&se to the stipu&ation9 he cou&d not do this or part of

u



&iited to hise&f in the wa6f instruent

other than what he stipu&ated; This fe&& under the heading of ta8hsis

iitation

@HC


a utawa&&i of a E

J &

u



regarding the successor9 then the person so indicated was hired as

u

a

a8e

an appointent rep&acing the deceased utawa&&i un&ess he had

stipu&ated for hise&f the power to do so; In the absence of a stipu&a4

tion9 the 6adi appointed the successorZ such was a fortiori the case

utaw

bent aadi as u



then9 according to Shai8h Nasr A&&ah a&4"anba&i >d;YCJ = GCY!9 if

nuerous9

!oint a u

@G

were a&so of this opinion;

When the utawa&&i was not naed in the instruent of wa6f9 then

his post devo&ved upon the person for who the wa6f was instituted;

Qost "anba&is fo&&owed this ru&e9 except Ibn Abi Qusa (d;M=

GH@ ! and a&4"arithi who say it devo&ved upon the 6adi; The 6uestion

cou&d9 however9 depend upon whether the possession of the wa6f

who

forer



Again the 6uestion cou&d depend upon whether the person (or per4

sons ! in whose favour the wa6f was instituted was a designated person9

a restricted group9 or not; If unrestricted9 for instance the poor and

destitute9 or if a asid9 a adrasa9 a bridge9 a ribat and the &i8e9 then

a&& agreed that the trusteeship wou&d go to the 6adi; ShaR+i said9

according to one of his opinions9 that the trusteeship be&onged to the

founder; "i&a& ar4/a+y (d;MJ=JC!9 of the "anaRs9 concurred with

ore

u

disiss hi

"e

u



hise&f as utawa&&i

&ifetie

such as indu&ging in drin89 regard&ess of his stipu&ation in the instru4

ent

Taiiya p&aced a &iitation

ent9 ho&ding that it was not &ega&&y perissib&e

utawa&&i adherents HG one and the sae



ust

ing9 any institution but those teaching &awZ for in the &atter case9 the

professor of &aw had to be&ong to the schoo& of &aw represented; This

&iitation he&d true a&so for the utawa&&i who was not the professor

J

INSTIT%TIONS

What Ibn Taiiy

ind were the institutions of &earning which had grown in iportance

in his day in Kaascus9 the dar a&4hadiths and the nbats; "ere the

obect of the traditiona&ists ( ah& a&4hadith ! was to create an institution

the



ona&is; The adrasas

adhab

oveents

&egitiacy through the schoo&s o& &aw;0 G

; d; $oittee of Overseers

incr to the "anaR urisconsu&t [adi47h

nuber of en

then appointed the utawa&&i without prior consu&tation with the 9

i4 ;u <<,<3<rv54 r=QiP" he va&id if the utawa&&i was an



ore

Soe have said that in those ties

er not tn nut the atter of such an

appointent

Neverthe&ess9 the coittee in charge of the asid4wa6f shou&d not

6aiyi or the utaw

circustances

advisory capacityZ the coittee in charge of the wa6f cou&d ignore

his advice; @G



coittee

preepted

coittee

consensus was that in the event of prior consu&tation9 the 6adi+s

4 0 G 0 G

er

Such a coittee of overseers existed in the case ot the bnre

$o&&ege of Abu "anifa in *aghdad in the Rfth =e&eventh century; In



coittee

ppointent

of a new professor to rep&ace its Rrst4appointed professor of &aw I&yas

ad4Kai&ai ( d;MY G = G oY6 ! 9 deceased two wee8s previous&y9 enu .0

tip

Qarsha&&

vacated by I&yas ad4Kai&ann ; ; ;+;. runner on uicx=9 =( 4

chief 6adi is cited as a8ing the appointent9 he being at the head ot

the coittee; @H In the fo&&owing century9 Ibn a& ?au:i9 @G in report4

ing the wa6f revenues of this $o&&ege9 sea&ed by order of the "anaR

coittee

to account9 and the chief 6adi being arrested; @



The fo&&owing case put to a urisconsu&t for an opinion concerned

two founders in two dierent towns9 one who founded a adrasa and

the other who founded property for that adrasa; 1ach wa6f had


J@

its utawa&&i in the person of the 6adi for each of the two towns; There

was no 6uestion as to the fo&&owing urisdictions, the 6adi of the town

where the property was &ocated was to co&&ect and distribute its

revenues aong the beneRciaries of the adrasaZ the other 6adi was

to perfor his functions as utawa&&i of that adrasa; A 6uestion

arose9 however9 as to which of the two utawa&&is was to appoint the

professor of &aw9 udarris; The answer was that the utawa&&i of the

property was a&one capab&e of hiring a sa&aried professorZ that of the

adrasa cou&d hire an unsa&aried one; The prob&e wou&d reain

substantia&&y the sae were the two utawa&&i46adis to exchange

urisdictions by oving into one another+s town; @@

The 6uestion whether two utawa&&is of a wa6f cou&d sp&it it in two9

each contro&&ing a ha&f thereof9 was answered by Ibn Taiiya in the

negative, both ust contro& the wa6f as an indivisib&e entity; @M



When two utawa&&is of one wa6f disagreed with regard to the

choice of ia and appointed each his own candidate9 thus creating

an aberrant situation9 the fo&&owing ru&es app&ied, the ias had to

be independent of one another9 otherwise their appointents were

vitiatedZ if they were independent and appointed at dierent ties9

the ear&ier one succeeded in getting the appointentZ if appointed

siu&taneous&y9 they drew &ots and the winner was appointed; @J

So&icited for a fatwa on a sii&ar 6uestion9 Ibn Nuai (d;CH=

GJY! answered that in a town in which two 6adis appointed each a

dierent utawa&&i9 both utawa&&is so appointed wou&d be &egiti4

ate9 each utawa&&i wou&d adinister independent&y of the other9

and either 6adi cou&d disiss the other 6adi+s appointee if he udged

the disissa& to be in the interests of the wa6f; @Y

When the utawa&&iship (na:ar! was assigned to two persons9 one

of the two cou&d not adinister the wa6f a&one without a stipu&ation to

that eect in the wa6f instruent; The sae he&d true when the 6adi

or the utawa&&i assigned contro& to two persons; *ut when contro&

was assigned to each individua&&y9 then each had the power to act

a&one without the express consent of the other; This is according to

a&4"arithi; According to the author of a&4Qughni> Ibn [iidaa

(d; YH= G@!9 when the person in whose favour a foundation was

instituted was hise&f the utawa&&i9 he was the so&e contro&&er; *ut if a

group be invo&ved9 the utawa&&iship be&onged to a&& of the together9

each carrying out his share of the co&&ective responsibi&ity (8u&&u

insanin R hissatih!; *ut a&4"arithi said that even here contro&

be&onged to a&&9 together9 without each being independent to the

extent of his share9 because contro& was assigned to the group as a



who&e9 without anyone being independent in his contro&; @

When one of two utawa&&is stipu&ated by the founder was &ac8ing

for any reason whatsoever9 the 6adi had to appoint a second9 because

of the founder+s stipu&ation of two persons sharing in the contro&; *ut

JM

INSTIT%TIONS

&e appointent of Z

Whenever

two persons sharing in the contro& of the wa6f9 it was because the

inii:e

isanageent



e; Kisissa&

Once the founder had naed a utawa&&i in the wa6f deed9 or had

appointed one9 he cou&d not disiss hi un&ess he had stipu&ated for

hise&f the power of disissa& in the instruent of wa6f; JC

When the founder reserved for hise&f the post of utawa&&i9 then

assigned it to another9 there were two opinions regarding his power to

disiss hi; According to the Rrst opinion9 the founder cou&d disiss

hi9 un&ess he had so naed the utawa&&i that the va&idity of the

foundation depended on the &atter+ s appointent; Any of the fo&&ow4

ing foru&as wou&d a8e his disissa& inva&id, wa6aftu 8adha bi4

sharti an yan:ura f ihi aid Z or9 +a&a an yan:ura f ihi ( aid ! Z or9

ia+a&tuhu na:iran _hZ or9 a+a&tu +n4na:ara &ah; In each case the

utawa&&

ade to depend on the appointent

aid; @@H



appointent

such a way that the appointee was in fact his substitute or de&egate9

disiss

ceive the founder+s inabi&ity to do so; Any of the fo&&owing foru&as

i 4 i A A ■0 > G I G A X X 4

a8e his disissa&

a

ters



the founder cou&d recuperate whenever he wished;

ad

i:a a&4Qu&8

hise&f the post of u

utaw

de&egation as we&& as the professor of &aw; In the case of his appointee

Ni:aiya Qad

i:a a&4Qu&8



u

<r @@i

According to the second opinion9 the founder cou&d not disiss the

utaw

forer

u



who

the foundation was instituted9 or that of the 6adiZ and (! an4na:ir

ashrut

disiss


JJ

inherent in his position; The na:ir by stipu&ation cou&d not9 since he

derived his tenure through stipu&ation9 and appointing others was not

part of the stipu&ation9 &et a&one their disissa&; @@@



u

since he was in the position of a &ega& guardian9 wasi9 and a &ega&

guardian had the right to appoint another as his executor; @@M This9 of

course9 wou&d have been the case of a wa6f instruent in which the

ode of succession was not stipu&ated; Qoreover9 the 6adi wou&d not

u

incubent

a; 'rerogatives as Overseer

The 6adi had the function of overseer with regard to wa6fs; @@J "is

functions inc&uded the supervision of these wa6fs as regards the safe4

e&eents



u

put in charge of the wa6fs adinistration9 the 6adi had to respect his

rights9 but continued hise&f to exercise a right of supervision; If no

provision was ade for a utawa&&i9 then the 6adi appointed one or

hise&f too8 charge; @@Y "e gave the utawa&&i perission to borrow

to pay o debts of the wa6f or to buy grain for p&anting the wa6f

u

fro

ade

instruentZ if not9 he brought the atter to the attention o& the 6adi

who enab&ed hi to do so; 'ayent of the debt was then ade fro

the proceeds of the wa6fs revenue; @@



On&y the 6adi had the right to se&& the origina& wa6f and buy

another one ( istibda& ! ore productive for the purposes of the wa6f9

according to the "anaR urisconsu&t9 Quhaad ash4Shaibani

( d; G C = HJ ! 9 @@C The 6adi was a&so charged with supervision over the

poor beneRciaries as we&& as over the deceased Z this was the case when

atter

instruent

of utawa&&i

ost

headed9 the ost sound of character ! 9 or on the basis of isa9 (testa4

entary appointent ! by one of the 6aiyis ( adinistrators ! 9 and

when these conditions were &ac8ing9 the post devo&ved upon the 6adi Z

that is to say9 when there was no &onger an asadd ( one of sound

character! in the founder+s &ine of descent9 or when the 6aiyi died



without designating a utawa&&i in his &ast wi&& and testaent; @MG No

trusteeship devo&ved upon a beneRciary of the wa6f without an express

stipu&ation to this eect in the wa6f instruent; @M

When the aadi disissed a utawa&&i without cause ( e;g; ebe::&e4

JY

ent

INSTIT%TIONS

appointent

iss the utawa&&i without cause on&y it the &atter was nis appointee9

A4

not thatof the founder; @M@

"aitai @MM cited a case wherein a professorship of &aw9 dars9 fe&&

vacant in Qecca; The 6adi of Qecca9 in the absence of the utawa&&i



in 1gypt or Syria9 appointed a professor to R&& the vacancy; Two uris4

consu&ts9 Sira ad4Kin a&4*u&6ini (d;HJ = GMH! and his son9 ?a&a& ad4

Kin; (d;M=GMG!9 said that the 6adi had the right to a8e the

appointent9 that his appointent was irrevocab&e9 and that

appointents to such positions9 when vacant9 be&onged to the 6adi of

u

Appointents to po

utawa&&i were ade

utawa&&i

ain

the utawa&&i was suspected of bad practices; When the utawa&&i

was 8nown to have a dishonourab&e record (fasi6!9 or continued to

act against the interests of the wa6f9 he was ade to resign9 or was



disissed

G

be::&ed

his pay was withhe&d to the extent of the ebe::&eent; @MJ

a

over the utawa&&i ade for soe contention between e two; ivn

Taiiya cited a case where a utawa&&i9 du&y appointed for a wa6f9

disissed a ubashir9 adinistrator9 in the sae wa6f appointed by

the 6adi9 who had acted in his capacity as genera& supervisor (na:ir

+a!; The ubashir continued neverthe&ess to adinister; The

utawa&&i then as8ed the 6adi to disiss hi9 but to no avai&; The

fo&&owing 6uestions were then put to Ibn Taiiya for a &ega& opinion,

$an the 6adi appoint without the consent of the &ega&&y appointed

utawa&&iB $an he decide the case between hise&f and the uta4

wa&&i to the exc&usion of other 6adisB If the 6adi dea&t unust&y with

the utawa&&i9 what re&ief has the &atter against hi B



Ibn Taiiya answered that the 6adi had no right to; appoint or

otherwise act with regard to the wa6f without the express instructions

0 0 4V =.> ■ G I G I ?4; &>a> 000

6adi had the right to ta8e over responsibi&ity for the wa6f; In the case

reeent

had to act as arbitrator in accordance with the prescriptions of the

Whoever

ust



@MY

[adi

When there was disagreeent regarding the wa6f on a atter not

invo&ving the 6adi9 the 6adi+s decision was Rna&, &i4anna 6ada+a

III;TheLawofWa6f

J

u

atters



of itihad puts an end to further controversy!;

@M

o

Qa:a&i

Q award

a:a&i o\cer; This o\cer exai

the wa6fs in order to see that they were serving the obects for which

co



instruent

&earned of the existence of a wa6f in one or other of the fo&&owing three

sources , ( i ! the registers of the 6adis charged with the safe48eeping

of the wa6f instruents Z ( ! the roya& registers in so far as they con4

tain dea&ings (u+aa&a! concerning the wa6fs or naing the in

any way9 and (@! o&d docuents regarding the9 the authenticity

of which iposes itse&f on the ind9 even when there have been no

witnesses attesting to their authenticity9 because of their not having

been the subect of &ega& contention; A&& of this pertained to wa6fs of a

genera& character (wu6uf 0aa!; "e had other duties toward

wa6fs of a particu&ar character (wu6uf 8hassa!;

b; The Na6ib

The na6ib9 registrar of the nobi&ity9 sharifs9 descendants of the

@M

supervise



Wh

co&&ecting the revenues9 he supervised those charged with their co&&ec4

the

incoe

saw to it that the beneRciaries had the stipu&ated 6ua&iRcations9 so

that no one entit&ed was exc&uded and no one who was not entit&ed9

inc&uded; @MC ;

; 1ndowent Incoe

a; )enera& /ear8s

The genera& ru&e regarding the proceeds of wa6f properties was that

they be disbursed as stipu&ated by the founder in the wa6f instruent;

"owever9 according to Ibn Taiiya9 this stipu&ation cou&d be contra4



vened for the pub&ic good9 which cou&d change with the changing of

ties

endowent revenue cou&d be diverted fro the

G

so&diers for a ihad (ho&y war!9 shou&d the need arise; @JH

ai

fro the incoe

the wa6f properties; @JG

The 6aiyi of a asid4wa6f the incoe of which Wc

aong other things9 to pay for the reconstruction of the



J

INSTIT%TIONS

incoe on anything the oission

enta& to the os6ue

of the os6ue

ourneyan t5

reove dirt and trash gathered around the

b; Stipends of *eneRciaries



i ! Nature of Stipends

Z assii&ated

a&s9 sada6

outcoe

given to one over the other two; -or instance9 in the case of a professor

who had been paid a fu&& year+s sa&ary in advance and died before the

acadeic

reainder

a&s



wages for services rendered; If regarded as wages9 then the ba&ance

eained of the year was recoverab&e fro

decedent+s (deceased person! estate; @J@

X 4 a ft 0

Taiiya

fro

a%9 rather than &i8e wages or a sa&ary; What was received fro

co



services rendered Z rather it was sustenance provided by )od ( ri:6 !

to he&p a person to obey the divine &aws; So a&so was the property

ade wa6f for good wor8s and property &eft by testaent9 or for the

obect of a vowZ these were not &i8e wages (ura! or a &up su pay4

ent (u+&!; Such was the opinion of Abu Da+&a9 in his 7hi&df9 who

dec&ared that payent received for teaching &aw ( tadris ! and the &i8e

was not a wage9 but )od4given sustenance9 a grant in aid of die

ac6uisition of re&igious &earning (ba& huwa ri:6un wa4i+anatun a&a

i&9

Terino&o

ters

ai8iya9 i+a&a or u j &9 iraya9 a+&u9 urattab or

rhese ters9 &i8e soe of those designating ebers

sae



soe

changeab&y; )enera&&y spea8ing9 iraya refers to an a&&owance in

ter

i+a&a9 usua&&y eans a set aount of oney or the e6uiva&ent paid out

in a &up su agreed upon beforehandZ @JJ and ai8iya usua&&y

eans a professor+s sa&ary; The ters a+&u9 urattab9 ratib9 and

5u&ufa usua&&y refer to sa&ary; In Ibn "aar+s (d;J=GMMC! Kurar

ter

ter pension, ii c a&u a c &uahu ratibanZ fa4&a




JC

@J

a&uhu i&a an at (+a8e his sa&ary a pension; J So he continued to

receive it unti& he died!; @YY

@! $&assiRcation of *eneRciaries

*ecause of the _uctuation in the incoe of wa6f estates9 6uestions

arose about the ethod which shou&d be fo&&owed in a8ing payents

to beneRciaries fro the incoe received; This atter was of soe

iportance to the beneRciaries9 especia&&y when the incoe was in a

state of _ux; [uestions then arose as to the priority to be fo&&owed in

a8ing payents Z which priority9 in turn9 depended on the categories

of beneRciaries9 especia&&y when the founder had not ade any

stipu&ations in this regard;

The Shaiya $o&&ege of Law (Intra4Quros! had its beneRciaries

naed in its deed as fo&&ows , ( G ! wor8ing4fe&&ows ( a&4fu6aha+ a&4

ushtaghi&un!Z (! wor8ing4scho&ar>Z (@! the professor of &awZ (M!

aintenance of the physica& p&antZ (J! the iaZ (Y! the ue::inZ



( ! the 6aiyi;

According to one source9 the ia9 the ue::in and the 6aiyi

be&onged to one c&ass of beneRciaries9 whi&e the professor of &aw9 the

repetitor and the &aw students be&onged to another9 thus dividing the

beneRciaries into two c&asses; According to others9 there was no dis4

tinction between beneRciaries Z a&& were to be regarded as such without

c&assiRcation; Others9 sti&&9 saw three c&asses of beneRciaries, ( G ! the

A4

professor of &awZ (! the &aw studentsZ and (@! the ia9 each c&ass

receiving one4third of the proceedsZ @J any other beneRciaries were

presuab&y considered to fa&& into the c&ass of &aw students;

c; Liabi&itv of the Qutawa&&i

When the utawa&&i spent funds fro the incoe of the wa6f on his

own needs9 then spent an e6ua& aount of his own incoe on the

needs of the wa6f9 he cou&d do so and was not he&d &iab&e; @JC *ut if he

ixed his own oney with the sae 8ind of oney as that of the

wa6f9 he becae &iab&e for the who&e aountZ in other words9 once

his oney was ixed with that of the wa6f9 so that they cou&d not be

distinguished9 the who&e was presued to be&ong to the wa6f and he

was he&d responsib&e for the who&e aount;

A case is cited of a utawa&&i who &eased the wa6f property for a

year and upon receiving the aount in prepayent9 paid it out to the

wa6f @ s beneRciaries; One of the beneRciaries then died before the

year for w r hich he was prepaid had e&apsed; The 6uestion arose as to



who was responsib&e for the aount unearned9 the utawa&&i who

ade the payent9 or the decedent who received it;

The &ega& opinion given was that the utawa&&i had no right to pay

stipends except as a&ready earned; If he paid in excess of what was

earned9 then he was &iab&e for the unearned portion of what was paid;

"aitai pointed out that soe urisconsu&ts said that the utawa&&i

in such a case had no recourse to the decedent+s estate9 since the

@YH

;M

Yo

INSTIT%TIONS



decedent had no responsibi&ity regarding the distribution of stipends;

*ut the atter was debatab&e; The ru&e app&ying here was that there

was recourse to the decedent+s estate9 because the decedent had

received what he had not as yet earned; /esponsibi&ity thus &ay with

the recipientZ the utawa&&i was but a ediator in the atter; @YG

"aitai evident&y considered the stipend of a professor to be &i8e a

sa&ary9 not a gift9 a&s9 or sustenance; @Y

d; /ights of the *eneRciaries

A&& beneRciaries of the wa6f shou&d receive their due in fu&&9 and

shou&d not have their a&&otents decreased in order to have the

reainder spent on another wa6f; There was no dierence of opinion

on this atter; The beneRciaries cou&d have no obection against the

utawa&&i appointed by the founder9 if the utawa&&i was trustworthy

(ain!; They did have the right to 8now what they were ca&&ed upon

to do as beneRciaries of the wa6f9 and to be as infored as the uta4

wa&&i regarding the wa6f ters; To this end9 they cou&d deand that

the wa6f instruent be copied so that they cou&d have it in their

possession as a record of their rights and responsibi&ities; @Y@ Ibn

Taiiya stated that the registration of the instruent of wa6f was

the sae as that of any other docuent whose records ust be 8ept; @YM

The beneRciaries cou&d share in the usufruct of the wa6f9 not in its

substance; Ibn Nuai stated this princip&e c&ear&y, +the wa6f cannot

be divided aong its beneRciaries because their share does not reside

in the corpus J (&a yu6sau J &4wa6fu baina ustahi66ih9 &i4anna

hissatahu &aisat R J G4 $ ain!; @YJ *eneRciaries were entit&ed to share

=

in the usufruct of the wa6f on&y when they perfored their responsi4



bi&ities as set forth in the wa6f instruent; The stipu&ations ust9 how4

ever9 be speciRcZ otherwise the beneRciary was given the beneRt of

the doubt; -or instance9 a student absenting hise&f fro the co&&ege

for a few days was considered not to have been de&in6uent9 because

the wa6f did not speciRca&&y ca&& for his presence every schoo& day; @YY

The beneRciaries cou&d deand that the utawa&&i repair the

wa6f so that the daage wou&d not spread and &ead to its cop&ete

destruction9 thereby thwarting the purpose of the founder; "e had to

reconstruct the wa6f even if reconstruction was not stipu&ated by the

founder; If he fai&ed to do so when he was Rnancia&&y capab&e of it9 he

was disissed fro his post; -urtherore9 the beneRciaries had the

right to deand to see his accounts when the beneRciaries were en4

tioned speciRca&&y by nae in the wa6f instruent9 according to

Nawawi and other urisconsu&ts; A&so9 Nawawi (d;YY= G!9 Ibn

Surai and others said that shou&d the utawa&&i c&ai to have paid

the beneRciaries naed in the instruent their shares of the wa6f

revenue9 but they denied this9 it was their word9 not his9 that was

fo&&owed; @Y

Ade6uate copensation ust be paid to the beneRciary of a wa6f9

G

G

G G G; The Law of Wa6f



YG

even if9 in order to obtain it9 he had to go against a stipu&ation of the

founder; A case in point was brought before Ibn Taiiya for a &ega&

opinion; The founder of a adrasa had stipu&ated that the beneRciary

of his wa6f cou&d not be the beneRciary of another; A deRnite stipend

was stipu&ated; The wa6f instruent read in part, +and when there

occurs in the incoe rai c of the adrasa+s wa6f a decrease na6s

on account of drought or for soe other reason9 what reains of the

incoe is to be distributed aong the adrasa+s personne&9 each

a&&otent

u

tie ; Th

i cobine



incoe

of the wa6f shou&d diinish so that stipends fe&& be&ow what was

ade6uatevTn his opinion9 Ibn Taiiya answered in the a\rative; @Y

In the &ight of this &ega& opinion9 it wou&d appear that the desire for

u&tip&e posts sought by professors ay we&& have been propted9 in

part9 by the fact that these posts were based on endowents whose

incoes were uncertain9 owing to the _uctuation of yie&ds fro crops

in cu&tivated &ands be&onging to the foundation; $u&tivated &ands were

systeatica&&y &eft to &ie fa&&ow one4ha&f of the year; @YC

sii&ar

(wa:ifa! e&sewhere9 whether with an a&&owance (ai8iya! or with a

sa&ary (urattab!; The founder stipu&ated for every student (ta&ib!

a deRnite a&&owance;

The 6uestion here was whether a student cou&d &awfu&&y accept an



a&&owance fro another source9 shou&d the incoe of the wa6f

diinishZ whether the utawa&&i cou&d nu&&ify the stipu&ation which

prohibited the acceptance of such an a&&owanceZ whether the stipu&a4

becoes

G aiiy

fro ai

a

ent that their beneRciaries were not to beneRt fro other wa6fs Z for

any professors did indeed ho&d any posts9 receiving as any

sa&ariesZ and there is no doubt that the +professiona& J student was

a8e

sae Ibn Taiiy



incoes

against those aong the who were accuu&ating as any stipends

as they cou&d; Aong those who had ta8en oney under fa&se pre4

tences9 he said9 there were soe who had sa&aries any ties ore

than their need and others who had posts with &arge sa&aries which

thev nnr;&cete;" anr& naid out verv &itt&e for the substitutes thev e4

Y

INSTIT%TIONS

p&oyed

Taiiya



sae

ig his services9 who wou&d then presua

ere fraction of the principa&+s sa&ary9 en

hise&f at the expense of the substitute; @G

aong other things9 connnP

n f tV35`3 nnprtv to be ade

e iounaer s vai uwuuiui9 > v X t X > 9 4

e&eventh4century case invo&ved a person who put up a vi&&age as wa6&

u&aa

instruent



by nae9 each 6ua&ifying as a &earned an ( +a&irn ! of the vi&&age; The

property instituted as wa6f was &ater discovered to be owned by soe4

one other than the founder (fa48haraat ustaha66a! The 6uestion

put to the ce&ebrated ShaR+i urisconsu&t a&4)ha::ah (A&ga:e& as he

was 8nown to the $hristian West! was +who is responsib&e for the

daages to be paidB+

)ha::a&i+s &ega& opinion was that the responsibi&ity fe&& upon the

shou&ders of the founder because of his deception ( h4taghrinh ! ; It

a8ing

Lose u&aa and ot&

fro it; Iftheu

u&aa

( ustahi66 a&4i

utawa&&i and the u&aa



nave recouisc &u c >>9 00>

the &essee wou&d have recourse to those who received the proceeds of

the &ease; -or he sti&& owned the property even if the &ease was inva&id

> ;i i i i i; u> rNoi+r& 7v trcp who received

oney coing fro

circustances

&t;.0< %IG%$I fc%>ii uiv9uotu; A vv; ;; c

certain of the va&idity of a wa6f before accepting to be its beneRciaries;

The de&in6uent beneRciary9 one who did not perfor the duties

re6uired of hi9 and did not end his ways9 cou&d be disissed by the

utawa&&i in charge (an &ahu +G4wa&aya! and rep&aced by soeone



ore

deservinsf

ion a&4?au:i +censured @M urisconsu&ts who reained in adrasas

for years without wor8ing to further their 8now&edge being content

with what they 8new; "e censured the urisconsu&ts who had Rnished

their &ega& studies but stayed though no &onger bona Rde beneRciaries9

since they were neither repetitors9 nor professors of &aw;

Ibn a&4?au:i c&assiRed this id&e type of urisconsu&t under wo

categories, (i! those who had a vitiated creed (fasid a&4 a6ida! in

re&igion9 but studied R6h to cover their true co&ours h4yastura

nafsah!9 or to be supported by the wa6f9 or to achieve &eadership

( riy asa ! by engaging in disputation Z and ( C ! those whose >be&iefs were

anners

III; The Law of Wa6f Y @

The 6uestion arose whether non4foundationers cou&d be aditted

into the foundation to reside in its roos9 to ta8e part in its asseb&ies9



to parta8e of its food and water9 and the &i8e; The &ega& opinion given

dec&ared that such adission wou&d be perissib&e according to

custo9 that custo in these atters p&ayed a ro&e e6uiva&ent to the

exp&icit stipu&ations of the founder; @J According to )ha::a&i9 it

perissib&e to adit

custo

the founder of the ribat cou&d not be presued to have founded a ribat

the

The right of residence be&onged to the foundationers; According to

adrasa



dar a&46ur+an9 this category inc&uded the teaching sta and students

ebers of the start9 such as the 6aiyi

ue::in

a

roos in a adrasa by the u

co

had stipu&ated to the contrary; @ This is perhaps why the

oners+ and +pensioners+ of Oxford and $abridge co&&eges were

un8nown in Is&aZ the extra incoe cou&d not &awfu&&y be co&&ected

by the utawa&&i; There were no fees to pay in a charitab&e trust; The



assii&ated

$abrid

purpose

Taiiy

adrasa

instituted wa6f for students of &aw9 at their various &eve&s9 for residence



rasi su8nahu

6uestions were addressed to Ibn Taiiya, Rrst9 was residence in this

adrasa

incoe (a&4

resident student be expe&&ed in spite of his be&onging to a group in

whose favour the wa6f was institutedB

Ibn Taiiya+s answer was that residence and subsistence (irti:a6!

need not necessari&y be&ong to one person; /esidence was &awfu& with4

coe ( hairi +rti:a6 a

a&



eber

entioned

&aw! without &ega& cause9 so &ong as the resident was wor8ing at his

us

a &a!; @C

A 6uestion of priority to the right of residence arose in the fo&&owing

case; A ribat fe&& into ruin Z when reconstructed9 its origina& residents

YM



INSTIT%TIONS

c&aied priority to the right of residence9 [adi

co

bui&t anew9 the origina& residents wou&d have no priority Z they wou&d

have priority on&y if the ribat had been partia&&y destroyed and

reconstructed; @H

Ibn Taiiya was as8ed for a &ega& opinion on whether a woan

roo

resident ( a&e ! endicant SuRs9 fu6ara+ ; The founder had not stipu4

&ated for her a p&ace of residence9 nor was she one of the founder s

re&atives; Ibn Taiiya said that if the founder had stipu&ated that

on&v en shou&d reside in the :awiya9 whether bache&ors or arried9



woan

aone en9 and of en aong woen

see that 4 Ibn Taiiy

co4educationa& residence notwithstanding 4 such residence did occur

arri

w0 04 X X X X 24 X s k 4a 0

arried professors and other ebers

sta;



The fo&&owing case points out the need for a p&ace of residence for

a

for residence; Ibn Taiiya was as8ed whether it was &awfu& to bui&d

outside of the asid a p&ace of residence (as8an! to be occupied by

the sta of the asid who were charged with its care (ah& a&4asid9

a&4&adhina ya6uuna bi4asa&ihih!9 such residence to be Rnanced

fro the wa6f incoe; The answer was a\rative; @

Thus it appears that asids9 which were sti&& being used as institu4

tions of &earning a&ongside the other types of co&&eges9 were being

brought up to date by providing the sta with &odging; The on&y thing

they now &ac8ed was scho&arships for the students; In the case of the

asid9 those entit&ed to its incoe (ah& a&4istih6a6 h4rai+i +G4wa6f!

were the sta of the asid (; ; ; a&46a+iina bi4as&ahatih ! 9 not the

students; It is possib&e that an eort was being ade here to enab&e

the asids to copete ore successfu&&y with the adrasas for sta

It is a&so possib&e that the asids were attended by students of we&&4

to4do parents9 by the out4of4towners capab&e of paying for &odging in

the adacent 8han provided for the purpose9 or in rented houses9 by



hoe

$opare

adrasas

taught the their basic studies hise&f; They presuab&y studied in

the asid under their father+s direction; @@

e; Qethods of Kisburseent

Qany fatwas dea&t with atters of disburseent when the yie&d of

rents and crops fe&& short of eeting the Rnancia& needs of the founda4

tion; The fre6uency of such fatwas points to the chronic Rnancia&

III;TheLawofWa6f

di\cu&ties



YJ

that the

incoes

payents during the years of &eaner yie&ds;

It often happened that the stipu&ations of the founder in the wa6f

instruent cou&d not be fo&&owed for &ac8 of su\cient funds9 because of

fro

ost

ost



priority was usua&&y the foundation itse&f9 the construction or repair

of the bui&ding9 whether or not the founder had so stipu&ated in the

wa6f instruent; Second cae what was ost essentia& to the founda4

tion and of the ost pervasive interest to itZ as9 for instance9 the

appointent of an ia for a asid and of a udarris for a adrasa Z

su ade6uate to their needs; G hird cae

the &aps y cai

foundation; @J

ethods of disburseent

The ter a+ ( association9 cobination ! eant that a&& beneRciaries

shared in the usufruct on an e6ua& basis; Opposed were various

systes of priority; The ter auwa&an fa4auwa&an ( Rrst9 then Rrst ! re4

ferred to priority by seniority; Tartib (se6uence9 succession! referred



fro the syste

tered ta6di wa4ta+8hir ( pre4positioning and post4positioning!9 in

that the beneRciary post4positioned cou&d in princip&e sti&& be paid

fro what reained9 whereas with tartib9 he was exc&uded; In the

syste tered tafadu&9 or9 as in Qardawi+s Insaf9 tafdi& (dierentia&

treatent!9 the beneRciaries were paid on a varying basis9 soe

ore than others; @Y

disburseents

fro endowent incoe

were assigned stipends and a&&owances in 8ind according to the



co

ade fro proceeds that fai&ed to coe in (wa4sh

nna a yan8asiru &a yu6da! ; Soe sa&aries and a&&ow

ere in arrears because of fai&ure to co&&ect rents fro I

at tie there were proceeds coing fro crops fro

0n these oroceeds becae avai&ab&e9 the utawa&&i wZ

the

the; Was

utawa&&i to a8e disburseents front

cop&eted payent

year in 6uestion B



payent shou&d be ade

fro

YY

INSTIT%TIONS

becae avai&ab&e Z and that it was not &awfu& for hi

fro what reained after a8in

payent; $oncurring in this opinion were the "anba&i



Qunaa

"anaR

"asiri

ia9 ha&f the incoe was the ia

If the

aZ

as



ia to &ead the prayers in one of the as

ia and a&& the a,

SNawddir

"arithi concurring Z but Qardawi said the ia

as

ties when the incoe

en

bui&t a co&&ege of &aw and endowed it for students and sta; The su&tan



conRscated ost of the endowent incoe; The founder had stipu4

&ated that the incoe be shared according to a&&otents assigned to

9 9 n r T%a ipctn w>> ran the utawa&ii pay

eainder

Taiiya

students in receiving their pay Z but that everything shou&d be done to

conserve the incoe so that it cou&d be ad. 4 0<

of retrenchent

eb

rather than continuing to hire four persons9 one for each ob;



@C

endowent

incoe

the year9 or on&y for the teaching a&ready done B -or instance when

utawa&ii

aong, its beneRciaries in one &up su

dierent interva&s9 at the end of given periods B

"aitai answered that disburseent was to be ade



; M 0

anner of disburseent

been stipu&ated9 or if it was un8nown because the deed was &ost9 then

ade in the anner

paid if this cou&d be ascertained without doubt; If not9 then according

to the custo preva&ent during the founder+s &ifetie9 this practice

being as va&id as the stipu&ation of the deed itse&f9 according to I::

ent (iitihad! of the utaw



a8e

endowent incoe fro &eases (urat a&4iara!

(gha&&a!; @CH

fro


Y

Taiiya9 the utawa&&i and9 after hi

deterine the aounts



ad

incoe of the wa6f increase9 the increent

aong the; "e dec&ared that the princip&e c

soeone

no re&iab&e urisconsu&t who adhered to such a princip&e9 or anything

&i8e it9 even though it had been enforced by 6adis; @CG It &ac8ed in

instruent

custo

Rxed one necessari&y9 for he was one of the beneRciaries and his sa&ary



incoe; @C

reeent

atter; A good any of the9 Ibn Taiiya inc&uded9 agreed that if

the harvest of one year fai&ed9 the stipends of the beneRciaries for that

year and the next were to be ca&cu&ated fro the proceeds of the

second year; The reason for this was that wor8 wou&d go on as usua&

rather than suer fro a year+s interruption; Soe urisconsu&ts

wou&d cop&ete the stipends fro the proceeds of severa& years &aterZ

ore

incoe

syste of priority was deve&oped according to which the foundationers

were divided into two ain categories , ( G ! those without who the

obect of the wa6f wou&d be vitiated9 ca&&ed arbab ash4ShaVirZ and



encopassing

ai

ia9 the 8hatib and the ue::inZ in a asid9 the ia

ue::inZ in a adrasa9 the udarris; @CM The ter wa:ifa

ean

gnent

ter designated those whose absence Iro

@CJ



vita& concern than the Rrst category; An6arawi refers to the student+s

position in a wa6f as wa:ifa;

The fo&&owing case i&&ustrates the essentia& re&ationship of the

udarris to the adrasa9 since he be&onged to the category of arbab

ash4sha+a+ir; The adrasa was endowed for two schoo&s of &aw9 the

"anaR and the ShaR+i; It therefore had two professors of &aw9 one

for each adhab; The other beneRciaries were, three utawa&&is9

Vir4=> noirc o L4atih =cprrptarv nr 8eener of the boo8s+!9 a ushrif;

rau

dooran ! 9 and a ue::in

The wa6f incoe fe&& short of the aount needed to a8e the

stipu&ated disburseents; One of the two professors was not wor8ing;

The 6uestion was how to a8e the disburseents , was the wor8ing

professor to be paid fu&&y9 after the bui&ding was provided for9 even if

Y



INSTIT%TIONS

aount

attept

ade

If he was not satisRed9 another shou&d be appointed in his p&ace who

was of e6ua& copetence and who wou&d accept the &esser sa&ary;

-ai&ing this9 the incubent shou&d be paid the fu&& aount of his

sa&aryP for otherwise9 the co&&ege wou&d &ose its &ega& status because its

obiect wou&d be vitiated; In any event9 no one was to be paid who ;had

not done the wor8 for his post as stipu&ated in the wa6f deed; @

The fo&&owing fatwa9 to a&& appearances9 dea&t with a case arising in



sae

sae

ore

Qany

in a co&&ege be given to a designated urisconsu&t9 and9 after hi9 to the

a&e

a8tab9 e&eent

3G; The adrasa in 6uestion was fou

"anaR and the ShaR+L The "anaR



"anaR

inor

present (sabi6an wa4&ahi6an!9 the ho&ders of the two chairs were to be

paid e6uiva&ent sa&aries ( +u&ufa ! ; The 6uestion was9 shou&d both chair

ho&ders receive their sa&aries9 or shou&d the professor of "anaR &aw

inor9

i h functions (uba

-urtherore9 if the aount

&atcd sa&ary was inade6uate9 cou&d the stipu&ation be vio&ated in order

; ; 93 i; i>a i c I7; 4;;t%+4004 uric p>nt hv



su\cient for his needs B And Rna&&y9 what was eant

su\cient

In answer to these 6uestions9 the fo&&owing opinion was given The

inor9 sti&& in the a8tab

even if the deed stipu&ated e6uiva&ent sa&aries for ho&ders of the two

chairs; This stipu&ation presupposed9 in both cases9 6ua&iRcation or

&ecturing on &aw (i&6a+ ad4durys!9 and assiduous attendance (u&a4

:aa! at the co&&ege to teach and carry out a&& stipu&ations; The uris4

any

coenting f

aries (a+&u



fu&R&ent

eet

needs9 and the co&&ege is in danger of having its doors c&osed because

he ight discontinue his &aw course (dars! by fai&ing to appear tor it9

and the incoe of the endowent is ap&e9 then it is &ega&&y periss4


YC

becoes su\cient

, extrees of extra



parsiony; @C

, case of a adrasa in -aiyu which was ade

wa6f for the ShaR+i schoo& of &aw9 @C Its wa6f consisted of &and the pro4

ceeds of which were spent on the needs of the adrasa and on its

stipendiaries; The &and was &eased each year for an estab&ished share

of the proceeds (bi4gha&&a!;

ad

year HM h;9 and continued in residence to the end of that year; The

year H@ h; The 6uestion as8ed of Sub8i was whether the urisconsu&t

in 6uestion9 who was in residence during the year of HM h;9 had a

right to any part of this incoe fro+ the year H@ h;

Sub8iV&ega& opinion was that when the stipends of the uris4



consu&ts for the year H@ are cop&ete&y paid9 the reainder ay then

be paid for the year HM both to the urisconsu&ts and to the new

resident of HM; If the origina& stipendiaries had been on&y partia&&y

ust

fro the proceeds9 it is disbursed for the year HM to the

hi

unti& the proceeds for the succeeding year are co&&ected; This 6uestion

was a recurring one9

is



seeed

asrii! with the expense defrayed (a&4asrui!; ;*ut

ction was ade9 the abieuitv was reoved; To reove

ab

us

endowed property ( a&4ugha&& ! paid by the one &easing the &and and

representing the rent for a deRnite period9 a year9 a onth9 or the

eriod for which payent is ade ( a&4udda a&4

continued as fo&&ows, the urisconsu&t 4 that is9 the

fro

asruf c anha!; "e continued as foi&



Rrst category 4 is a beneRciary enti

of the endowed property 4 that is9 the second category 4 for the period

during which he has wor8ed 4 that is9 the third category; There need

u

ceeds and the period during which the urisconsu&t has actua&&y

ubashara& Z but they ay we&& correspond; Qoreover

ay

soe of the proceeds coe

the



&iiting disburseents

circustances

ay

fro the nroceeds in hand ( in

feiiy>2i>>

*SS ?1* 4? >$W>r >

H



INSTIT%TIONS

that the Rrst9 or origina& beneRciaries9 are entit&ed to it (inna

anion

the to who the utawa&&i a8es a disburseent9 and it is through

this payent that the beneRciary is designated speciRca&&y (bi

+s4sarR yata+aiyan!;

uddat a&4ubashara! coes

soeone



coe in fro

fro

adrasa

payent

period he wor8ed if the proceeds are those of a year part of which he

wor8ed;

ade

annua&&y to the designated beneRciaries; It is a 8nown fact that the

fro



tse&f ay date fro

ay date fro the

ay

adrasa fro the oent

anfa+at4ha J &4us

taa

a ??

tie



tie ! 9 their pay wi&& be for the period wor8ed9 as we&& as for that future

period when the &and wi&& be &ying fa&&ow (wa4+ani J &4uddati

J &4usta6ba&ati +G4u+atta&a!9 provided the founder has stipu&ated in

the wa6f instruent that they be paid;

The upshot of a&& this was that the proceeds of a given year were not

necessari&y used to pay the beneRciaries for that year9 but rather to pay

aone the

u

the

fa4auwa&an!9 not paying the recent beneRciary unti& he has paid the

re hi;



ro this that students were adi

during the year; There was no Rxed period for beginning one+s

see

ties

The seniority ru&e app&ies a&so if the stipends9 not speciRca&&y

utawa&&i

u

not Rxed the stipends9 and wor8 has been done for a period of two

years9 the proceeds are used to pay for both years; The beneRciary



who has a c&ai on the Rrst and second years9 is paid for bothZ he who

III;TheLawofWa6f

i

fro

fro

X y

proceeds a&one;

The fatwa then reads as fo&&ows ,

'raise be to )odP If the rent for the year H@ has been paid9 the

proceeds are used for the year HMZ but if its rent is not paid9 and



if the stipends are Rxed by the stipu&ation of the founder or at the

discretion of the trustee bi4ra+yi +n4na:ir9 the year H@ is paid

4 M 0 0 0

adrasa

reain

HM; This concerns the &aw students and other beneRciaries

the

stipends9 the proceeds are used to pay for both years in e6ua&

aounts



in the year H@9 the other ha&f to those present in the year HMZ

fro

the share of the other year;

It was not a binding ru&e that the proceeds of one year shou&d be used

to pay the stipends for that year a&one9 but rather for that year+s

stipends and for the succeeding year; It was not used for the year

preceding it9 un&ess the beneRciary invo&ved was one and the sae

person (i&ia idha +ttahadZ

us

onth

The text of Sub8i+s opinion is fo&&owed by that of another concurring



ay

sae

puts the case succinct&y; @CC

Sub8i was of the opinion that if the founder had not stipu&ated the

aounts of the stipends to be paid to the beneRciaries9 the utawa&&i

shou&d 8eep the aounts unspeciRed9 because the incoe of the

endowent _uctuated; This wou&d a&&ow hi a&ways to eet his

ob&igations by dividing the incoe either e6ua&&y ( according to the

various c&asses of beneRciaries!9 or according to a sca&e predeterined

in the deed of foundation9 or by hise&f; MHH When the founder stipu4

&ated the aount of the utawa&&i+s sa&ary9 he was re6uired to supp&y

that aount regard&ess of the endowent+s incoe; On the other

hand9 the sa&ary of his successor cae fro the incoe and was there4

fore subect to the _uctuation of that incoe; MHG

Qawardi9 in his a&4"awi9 a coentary on a&4Qu:ani+s Qu8htafar9

says that when the beneRciaries are in disagreeent regarding the

stipu&ations of the deed of foundation9 contesting each other+s rights

regarding priority of payent (tartib!9 MH and dierentia& payent

(tafadu&!9 MH@ no one having c&ear proof of his ran8ing9 they a&&



participate in the reuneration together without priority or dier4

entia& ran8ing; If soe shou&d as8 others to ta8e an oath9 it shou&d be

INSTIT%TIONS

iposed upon a&&; If the founder is sti&& &iving9 his stateent is accepted

as binding and he does not have to swear an oath; If deceased9 but

survived by; his heir9 his heir+s stateent regarding his wi +

uta

stateent

appointed by the 6adi Z but9 if by the founder9 it is binding when the

beneRciaries are in disagreeent regarding the; If the dierence of

opinion occurs between the heir and the &ega& guardian ( wa&i ! 9 the



stipu&ations are referred to one or the other , ( I ! to the heir9 because

he ta8es the p&ace of the founder9 and ( ! to the &ega& guardian9

because he has urisdiction regarding genera& supervision; If the

founder has assigned a sa&ary to the &ega& guardian9 and a sa&ary is

nor

hi fro

as

Qawardi stated that it was &ega&&y perissib&e to pay its 6aiyis fro

the wa6f incoe9 because they were appointed for the aintenance

of its bui&dings Z but it was not &ega&&y perissib&e to pay its ias and

ue::ins9 because they were responsib&e for atters concerning the

worshippers; As to whether it was &ega&&y perissib&e to defray the

cost of oi& for the os6ue+s &aps fro that incoe9 there were two

views regarding the atter , the Rrst was a\rative9 because &aps

were considered as part of the bui&dingZ and the second9 negative9



&aps were ore

perissib&e

ats fro

os6ue

An6arawi was of the opinion that no stipendiary of a co&&ege cou&d

fro

hoe9 and ost

of his writing (na6&! was in the co&&ege; This app&ied to the professors;

As for the students9 they cou&d not &awfu&&y co&&ect their stipends if they



hoes

payents

endowent; A Kaascene

ip

When

iprisonent; Was

prisonent B Was the u

Was



hi in the atter

a\rative

f Incoe

Y

ncoe

ore debated prob&es connected with the incoe


@



urseent of surp&us incoe

instruent

anner

endowent

thereby increasing it;

On&v the utawa&&i

perission; I

Lof instruent

atter



aong

reainder after a&& due a&&otents

and those who a&&owed the spending of the reainder a&&owed no one

u

incoe

depriving4 the &awfu& beneRciaries9 were to be censured; MH

Land was ade wa6f for the reconstruction of a asid9 as

with the proviso that what was &eft over fro the cost of recons

w0 tn an tn the; noor; The incoe of the &and accuu&ated

as



consu&t9 this surp&us was to be he&d for a future need to reconstruct the

asiid9 on the assuption that it cou&d fa&& into disrepair at a tie

i

ccuu&ated

as

founder of the wa6f had stipu&ated; MH

aong

ia ota



for the pi&griage to Qecca9 provided he had the perission ot the

utawa&&i9 and there was no stipu&ation in the wa6f instruent

against it; MHC

eer

for os6ues9 when it accuu&ated beyond the needs of the bene4

Rciaries9 cou&d be used to pay tribute to inRde& con6uerors9 in order

to appease theZ such funds were regarded as a &oan to be repaid; The

6adi cou&d so use the surp&us; MGH

When a wa6f+s incoe exceeded the expenditures necessary to

provide for a&& concerned9 the surp&us was expended on another trust

of the sae nature , as for instance9 a asid+s surp&us incoe when

&awfu& to dispose of the surp&us of a wa6f in any way which contra4

vened the expressed &awfu& wishes of the founder; MG



! Stipend of Vacant 'rofessoria& $hair

When a professoria& chair of &aw (tadris9 pi; tadaris! becae vacant

and reained so for soe tie9 the 6uestion arose regarding the pro4

ceeds of the endowent ar8ed for that post; Kid it accrue for the

M

INSTIT%TIONS

eventua& successor to the chair B If not9 how was it disbursed B A

yaani urisconsu&t gave his opinion saying that the surp&us went to

the successor (i&a an tasadda ba+du!; "e based his opinion on the

precedent that the endowent incoe of a asid in ruin is used to

bui&d another one; *ut other urisconsu&ts were of the opinion that the

incoe of the vacant chair be spent on the asid4co&&ege in which the

aong



sae

sae town9 then to those of the town c&osest to that o& the

co&&ege in 6uestion; MG@

incoe fro the endowent of a

tion had; to be disbursed on the obect of the foundationZ and when it

was no &onger possib&e to do so9 as in the case of a foundation in ruin9

the incoe had to be transferred to another wa6f serving the sae9 or

a sii&ar9 obect9 a practice 8nown in Western &aw as the cy pres

doctrine;

@ ! Kisburseents When Keed Was Lost

It often happened that the wa6f instruent was &ost9 and the uta4

wa&&i was not sure about the exact shares of the beneRciaries; Ibn

Nuai was of the opinion that the utawa&&i shou&d be guided by the



custo of the utawa&&is preceding hi and the payents ade

the

who

opinion according to which stipends were deterined on an e6ua&

share basis; MGJ The e6ua& shares shou&d9 of course9 be understood to

sae

assued

ade



M! Kisposition of Sa&ary of 'rofessor without Students

fro

endowed post for a teacher of the 7oran in a certain town where there

were no students to be found; "is answer was that the teacher cou&d

be paid on&y for actua&&y teaching; The proceeds cou&d not be trans4

ferred to another town9 according to the opinion of the ancient uris4

consu&ts ( a&4uta6addiun ! Z but the oderns ( a&4uta J a8h8hirun !

a&&owed this transfer to be carried out; MGY

It fo&&ows that a professor cou&d not be paid as a +research professor J

for research and pub&ication; In the Qidd&e Ages9 writing boo8s was

a function of teaching9 connected with an ora& process of teaching9

inc&uding dictation and note4ta8ing; *oo8s were eant for studentsZ

they were the direct resu&t of the teaching process; 'rofessors were

paid for actua&&y teaching the studentsZ boo8s were the by4product of

sua

West



J

$hapter

INST/%$TION

I; KIVISIONS O- T"1 -I1LKS O- 7NOWL1K)1

I; Ibn *ut&an and the Tripartite Kivision

The physician Ibn *ut&an (d;MYH=GHY! was 6uoted reiniscing

about his conteporaries who had &eft the scene9 their &ives c&aied

by the ca&aities of the Rrst ha&f of the Rfth =e&eventh century; After

reca&&ing the one by one9 he &aents the with this &ast tribute9 a

&one&y an aching with the void they &eft behind, fa +ntafa+at suruu

+&4+i&Z wa4ba6iyati J &4+u6u&u ba0dahu R J :4:u&a (thus the &aps

of &earning burned outZ and with their passing9 inds becae

enve&oped in the g&oo of ignorance!; G In naing these &uinaries9

Ibn *ut&an &isted the three aor divisions of the sciences that had

deve&oped in Is&a by the idd&e of the third =ninth century, the

Is&aic sciences9 the phi&osophica& and natura& sciences9 and the

&iterary arts;



The re&ative iportance of these three divisions and their inter4

re&ationship ay best be represented by an isosce&es triang&e turned

upside down9 with the Rrst two divisions at either end of the upturned

base9 and the third division at the base of the triang&e+s down4turned

tip; The Is&aic sciences wou&d occupy the p&ace of honour at the

right ang&e9 the phi&osophica& and natura& sciences at the opposing

&eft ang&e on the sae &eve&9 and the &iterary arts at the &ower sub4

ordinate ang&e9 with its two sides &eading up to the two superior

divisions;

0

The re&ative institutiona& iportance was another atter; The

Is&aic sciences had tota& contro& over the institutions of &earning9

their ascendancy beginning to ta8e p&ace deRnitive&y after the fai&ure

A4

of the rationa&ist4&ed In6uisition of Qa+un9 and reaching its height

by the tie the Rfth = e&eventh century had oved to its id4point;

In this division9 Is&aic &aw was crowned 6ueen of the sciences and

reigned supree9 whi&e the &iterary arts served as her handaids; The

other division9 ca&&ed +the sciences of the Ancients+9 that is of the

)ree8s9 whi&e opposed for its +pagan J princip&es by every be&ieving

Qus&i scho&ar aong the faithfu&9 coanded neverthe&ess an un4

pub&ici:ed9 si&ent9 begrudging9 respect; These sciences were studied

in private9 and were exc&uded fro the regu&ar courses of Qus&i



Y

INST/%$TION

institutions of &earning; The re&igious sciences were at the forefront

With

ethodo&ogy

re&egated to the bac8ground;

; The Subordination of the Literary Arts

)raar



graarian

co

"ereafter

dote indicates three re&igious sciences which9 as of his day9 were

doinating the Re&d of education9 na

7oran

7oran have occupied these&ves

7oran

Le sae



e

vse&f with +aid and +Ar

becoe of e

cop&aint to the faous

7oran9 Abu *a8r b; Quahid

drea in which the 'rophet appeared to hi9 charging hi

ar



are in need;

This anecdote brings out two interesting points; In Arabic the

scriptures9 7oran and hadith9 depended for their understanding on a

ar

ost iportant subects; )raar9 a ter

encopass

pensab&e aid to understanding the &anguage of the 7oran and hadith9

the



cu&u

fro

7ha&i

poet as4Sari ar4/aa J (d;@Y=C@!9 said, +"e is incapab&e of any

ina +&4+u&ui

sh4shi+r!; M The rear8 was e6ua&&y va&id for the period of the poet

7ha&&i8an9 who was dea&ing with the acco

ents of en



)hu&a

'oetry was ustiRed re&igious&y on the basis that it was 6uoted as

textua& evidence of &exica& eanings of the 7oranic text; )hu&a Ibn

7oranic

docuentary

for the eaning of words in the 7oran+ (ahfa:u 8hasina

ina +sh4shi c ri shawahida &i +&4[ur+an!; Y

I; Kivision of the -ie&ds of 7now&edge

The &iterary arts continued to &ive under the shadow of the re&igious



tiacy

pture9 but as tie

Quhaad Ain

an

eighteenth century9 arguing not on&y that they shou&d be cu&tivated

a8ir ot the educated an

understanding of scripture; They had coe to be neg&ected even for

this purpose;

W



of 7now&edge

A stri8ing feature of Qus&i education in the Qidd&e Ages was the

dichotoy between two sets of sciences, the +re&igious J and the

+foreign J ;

This dichotoy wou&d not be so rear8ab&e were it not for the fact

that actua& inte&&ectua& activity ebraced the two sets9 and scho&ar&y

production was prosperous in both; -or a &ong tie9 this phenoenon

obscured our understanding of the true nature of the adrasa9 an

institution which9 as a resu&t9 was readi&y assii&ated to the university

because it was assued that a&& subects were taught in it; The assup4

tion was natura&, the adrasa was obvious&y Is&a+s institution of

higher &earning9 as the university was that of the $hristian West; In

rea&ity9 however9 neither the adrasa nor its cognate institutions

harboured any but the re&igious sciences and their anci&&ary subects;

If such was the case9 how is one to exp&ain the _ourishing of the phi&o4

sophica& and natura& sciencesB That they _ourished in Is&a there

can be no doubt; A perusa& of the wor8s of $ar& *roc8e&ann and

-uat Se:gin wou&d be proof enough; It was this pro&iRc production

that spi&&ed over to the Qus&i and $hristian West creating the trans4

&ation oveent9 and constituting one of the ost iportant factors

in bringing about the renaissance of twe&fth4century 1urope;

The introduction of )ree8 wor8s into Is&a had a profound

in_uence on the deve&opent of Is&aic thought and education;

Is&a9 &i8e 'atristic $hristianity before it9 had to face the prob&e of



how to assii&ate the +pagan J 8now&edge of the )ree8s to a conception

of the wor&d that inc&uded )od as its creator; The deve&opent of

Is&aic thought that attepted to bring a so&ution to this prob&e

too8 p&ace both within and without institutiona&i:ed &earning; The

so&ution9 such as it was9 cae as a resu&t of the interp&ay between the

traditiona&ist forces represented by the adrasa and cognate institu4

tions9 and rationa&ist forces represented by the dar a&4 c i& and its

cognates; *y the tie the traditiona&ist institutions had won the batt&e

against those of rationa&is and absorbed the9 they had a&so

absorbed a great aount of what they had origina&&y opposed;

The strugg&e was uphi&& and s&ow4goingZ the ain obstac&e being

INST/%$TION

Is&aic

tions of &earning9 exc&uded any and a&& things that were considered to



ica&

fro the curricu&u

onotheistic

a&i

resurrection of the body; + ;

The wa6fs exc&usory ru&e did not succeed in exc&uding the foreign

sciences; These were represented in the &ibraries9 where )ree8 wor8s

were preserved9 and disputations too8 p&ace on rationa&ist subects;

eant

anner



Is&aic

fro asters teaching in the privacy of their hoes

u

asters

achieved einence in the Re&ds of the +sciences of the Ancients+9 as for

A



aon

Qai

were those who had achieved einence in the Is&aic sciences9 &i8e

the phi&osopher Ibn /ushd (AverroesZ d;JCJ

prudence; Such a ixture of supposed&y irreconci&ab&e subects

wou&d not have been possib&e in a syste where there was no easy

access to the Ancient Sciences; Not on&y was access easy9 it was in

turn concea&ed9 condoned9 a&&owed9 encouraged9 he&d in honour9

according to dierent regions and periods9 in spite of the traditiona&ist

opposition9 the periodic prohibitions9 and autos4da4fe;

)enera&&y spea8ing9 the dichotoy between the two sets of sciences

was aintained; A professor cou&d teach R6h9 usu& a&4R6h9 adhhab

una:ara

&ega& sciences Z he cou&d teach the sciences of the 7oran9 of hadith9 and

the anci&&ary sciences Z un&ess the founder of the institution; had decided



to &iit his teaching to a particu&ar Re&d or Re&ds;

It did happen9 however9 in the case of a professor whose repertory

inc&uded Re&ds fro both sides of the dichotoy9 that he wou&d9 in his

partisanship for the rationa&ist Re&ds9 teach the under the ubre&&a

of hadith; This was9 for instance9 the case with Sadr ad4Kin b; a&4

Wa8i&

edicine9 phi&osophy9 8a&a

the +sciences of the Ancients+; C

The dichotoy in the Re&ds of 8now&edge was atched by a

dichotoy in the institutions of &earning; The Is&aic sciences and

anci&&aries were taught in the os6ue9 and in those institutions which

deve&oped &ater9 such as the adrasa and the ribat9 the dar a&4hadith

L Kivision of the -ie&ds of 7now&edge C

and the dar a&46ur+an; )enera&&y9 these sciences were +i& at4tafsir9

7oranic exegesisZ +i& a&46ira+a9 the science of the variant readings of



the 7oranZ "i (+u&u! a&4hadith9 the sciences of traditionZ "i

usu& a&4R6h9 the science of &ega& theory and ethodo&ogyZ R6h9 uris4

prudenceZ and usu& ad4din9 the princip&es and sources of re&igion;

The anci&&ary sciences were those of the Arabic &anguage9 0u&u

a&4 c Arabiya; These9 according to a&4Anbari (d;J = G GG !9 were,

nahw9 graarZ &ugha9 &exico&ogyZ tasrif9 orpho&ogyZ 0arud9

etricsZ 6awaR9 rhyeZ sun0at ash4sh e r9 prosodyZ a8hbar a&40arab9

Arab triba& historyZ and ansab9 Arab triba& genea&ogy; GH Anbari then

said that to these eight Re&ds of 0u&u a&4adab9 the &iterary arts9 he

added two others which he originated9 nae&y, ( G ! c i& a&4ada& R

J n4nahw9 the science of dia&ectic for graar9 and (! "i usu& an4

nahw9 the science of graatica& theory and ethodo&ogy9 on the

ana&ogy of usu& a&4R6h9 &ega& theory and ethodo&ogy9 since both

graar and &aw are rationa& sciences derived fro what is non4

rationa&9 that is9 transitted by tradition; GG

The Is&aic sciences were referred to as a&40u&u a&4is&aiya9

Is&aic sciences9 a&40u&u ash4shar"ya9 or a&40u&u a&4utasharri c a9 G

the sciences prescribed by the re&igious &aw9 as opposed to "i a&4

awa+i&9 the &earning or science of the Ancients; *ecause of the dicho4

toy9 two tendencies deve&oped in the history of Qus&i education ,

( G ! institutiona&i:ed &earning9 which fo&&owed traditiona&ist &ines9

was accepted by the consensus of the Qus&is9 and Rnancia&&y sup4

ported by en of eans aong theZ and (! non4institutiona&i:ed

&earning9 which fo&&owed rationa&ist &ines9 was discreet&y taught for

the ost part9 in the privacy of hoes9 and studied private&y in the

dar a&4"& institutions as &ong as they &asted9 up to the idd&e of the

Rfth =e&eventh century9 at which point the adrasa had begun to



_ourish;

Is&a9 soetie

"arun

HC ! and a&4Qa+un ( ca&iphate , G C4 G=G @4@@ ! 9 the &atter ain&y

responsib&e for the introduction of )ree80 wor8s into Is&a and

their trans&ation into Arabic; The renaissance9 however9 did not

occur unti& the fourth =tenth century9 after the period of the great

in_ux of )ree8 wor8s in phi&osophy and edicine9 and their

assii&ation9 in the third = ninth century; This was a&so the period of

the great Nestorian trans&ators9 headed by "unain b; Isha6 (d;YH=

CHG!;

ha6 b; "unain (C=CGH!9 which >

of "arran9 headed by Thabit b; [i



stor

iagination of a&& inte&&ectua&s9 the phi&osophers9 the rationa&ist

theo&ogians9 and traditiona&ist urisconsu&ts; *efore it too8 its ho&d on

o

INST/%$TION

&aw9 however9 it was used as a weapon by the rationa&ist theo&ogians

traditiona&is

Qu



Qa+un and after hi that of a&4Qu+tasi and a&4Wathi6

tie9 a&4Qutawa88i&

the +createdness of the 7oran

Qihna went down in Is&aic h

as the initia& triuph of traditiona&is9 fro which eerged the

Rgure of Ahad b; "anba&9 its great charisatic &eader;

*ut whi&e the traditiona&ists triuphed9 traditiona&is did not

escape being in_uenced by its adversaries9 the rationa&ists The

weapons of dia&ectic were gradua&&y absorbed into &aw; -or exce&&ence

in &aw was achieved through disputation bui&t on expertise in two

essentia& Re&ds, 8hi&af9 disputed 6uestions9 and ada&9 dia&ectic;

II; O/)ANIATION O- L1A/NIN)

i; $urricu&u

*oo8s on the theory of Qus&i education suggest se6uences of courses

that shou&d be fo&&owed; Though these suggestions dier soewhat9 a



pattern is noticeab&e; On the other hand9 the se6uences of courses

found in the biographica& notices of professors9 either in reference to

the courses they taught or to their own careers as students9 indicate

rae

studies shou&d not be cause for surprise; It was in part due to the tact

freedo

the organi:ation of his foundation9 inc&uding the choice of courses

taught;

1xap&es



The se6uence of courses appears to have proceeded in the fo&&owing

7oran Z hadith Z the 7oranic

ings Z the sciences of hadith9 invo&ving the study of the biographies of

transitters

the +divergence+s of the &aw9 within one+s own schoo&9 Z as we&& as

between schoo&sZ and ada&9 dia&ectic;

i! "aitai ;

A se6uence sii&ar to the one above is cited by "aitai, G@ 7oranic

exegesis9 hadith9 the two usu&s9 adhhab9 8hi&af and ada&; "e then

6uotes *adr ad4Kin b; ?aa+a (d; @@ =i@@@! as recoending the

fo&&owing se6uence when the institution of &earning has any subects

in its curricu&u , exegesis9 hadith9 usu& ad4din9 usu& a&4R6h9 adhhab9



8hi&af9 nahw and ada&; This se6uence is based on the p&ace of honour

attributed to the subect; GM


7ha&ifa

G

"ai 7ha&ifa GJ gives the order of subects in accordance with their

iportance9 pointing out that the propaedeutic subects shou&d pre4

cede those desired in these&ves; Li8ewise9 a&& subects dea&ing

with the study of words and expressions shou&d be propaedeutica& to

those dea&ing with concepts; Thus9 &iterature shou&d be studied before

&ogic Z and both of these before the princip&es of urisprudence Z and the

&atter before disputed 6uestions; "e then cites three reasons why one

subect shou&d be studied before another, (i! because the subect

ore un



in &aw those duties that are of individua& ob&igation (fard 0ain! are

p&aced before those of genera& ob&igation (fard 8ifaya!9 and the &atter

before one recoended (ustahabb!9 and the &atter before one

indierent (ubah! Z or (! because it is propaedeutica& to the sub4

ect fo&&owing it Z as9 for instance9 graar before &ogic Z or ( @ ! because

it fors part of the subect to fo&&ow it9 since the part is p&aced before

the who&e Z thus orpho&ogy before syntax in the study of graar; GY

The theorists of education gave uch attention to the se6uence that

shou&d prevai& in studies9 perhaps because actua& practice was rather

hapha:ard;

1xap&

soe

reference to the subects he taught and the se6uence he fo&&owed;

G ! Se6uences Taught

a! ShaR" (d; HM=H!; ShaRTs teaching day proceeded as

fo&&ows9 according to one of his star discip&es9 ar4/abi e b; Su&aian; G



ShaR+i wou&d sit in his ha&6a after the subh4prayer and receive the

students of the 7oran (ah& a&4[ur+an!; At sunrise they wou&d &eave9

and he wou&d then receive the students of hadith ( ah& a&4hadith ! ;

When the sun had risen to a higher position ( idha +rtafa+ati +sh4shas ! 9

>=3v wr&" &pavp and the ha&oa wou&d be devoted to udha8ara9 dis4

orning

graar

coe and reain

tie ShaR+i wou&d get up and &eave;

b! Abu "4"asan an4Nahwi (d; @H= C@

in a day+s teaching for the graarian

as fo&&ows9 according to Abu "aiyan at4

wnu&ri he;p4in bv teaching the 7oran; Z

cae



aberrant reading appeared9 he wou&d exp&ain and e&aborate9 and

wou&d pose 6uestions to his graduate discip&es (ashab! regarding

these; "e a&so taught the Qud&asat of Tha+&ab ornings and

evenings;

c! Ibn Abi Qus&i a&4-aradi (d;MHY=GHGY!; The urisconsu&t and

I

G40

INST/%$TION

7oranic scho&ar9 Ibn Abi Qus&i a&4-aradi9 began his c&asses every



day by teaching the 7oran; "e had students of a&& ages attending9

whose ran8s in c&ass were decided on the basis of their 8now&edge9

irrespective of age and dignity; GC After his &ecture on the 7oran9 he

wou&d persona&&y ta8e up the teaching of hadith9 rather than re&egat4

ing it to an assistant9 which practice was widespread because it

invo&ved tedious dictation; "e wou&d continue the &ong process of

coe

endurance9 at which tie he wou&d &ay down his; boo89 disiss the

c&ass and &eave; H

! Se6uences Learned

a! Abu +&4[asi a&4[ushairi (d;MYJ=GH@!; Abu +G4[asi a&4

[ushairi9 author of the faous /isa&a on SuRs9 was advised by his

r5;u<< , io9;9 u0; s9iR >;Tiannan to studv the Is&aic sciences; "e

Quhaad

8a&a



becae

8a&a +

cobined the ethods of these two uta8a&&is

8a&a

uta8a&&is

biographer goes on to say that [ushairi was a very &earned an

( c a&&aa! in the fo&&owing Re&ds, R6h9 exegesis9 hadith>usu&9 adab4

&iterature9 poetry9 the art of the secretary (8ita0

ofQ



+A&i a&4-ari6i9 was born in M@@ = GHM9 studied R6h in his hoe4town

Quhaad

Qahai&

study with Abu Isha6 ash4Shira:i in *aghdad9 in MJY h; Z he was now

twenty4three years o&d; "e studied Shira:i+s &aw course for four years9

then went to study the Shai&9 a R6h wor89 under the direction of its

author Ibn as4Sabbagh9 after which he returned to Shira:i and

reained with hi

as4Sabbagh were both professors of ShaR+i &aw;

c! Ibn a&4Wa6shi of To&edo (d;MC = GHCY!; Spea8ing of Ibn a&4Wa6shi

a&47atib of To&edo9 Da6ut &ists the fo&&owing Re&ds of 8now&edge to

his credit , + Arabiya9 &exico&ogy9 poetry9 rhetoric or oratory ( 8hitaba ! 9

hadith9 R6h9 constitutiona& and adinistrative &aw (a&4ah8a!9 and

8a&aZ and further on in the biographica& notice9 Da6ut adds, &ogic9



geoetry (handasa!9 genea&ogy9 narratives re&ating to words and

deeds of the 'rophet (a&4a8hbar!9 and duties and rights of the

executive head of the counity9 inc&uding internationa& &aw

(siyar!;

d! 7 Abd a&4)haRr a&4-arisi (d;JC = G G@M!; )randson of the Shah G

SuRs Abu +G4[asi a&4[ushairi and Abu 0A&i ad4Ka66a6 (d;MHJ=

G G; Organi:ation of Learning

@

GHGJ!9 Abd a&4)haRr a&4-arisi was born in MJG = GHJC; "e attended

e&eentary schoo& ( a8tab ! where he &earned to recite the 7oran; At

the age of Rve9 he was taught the profession of faith in 'ersian9 and

aterna& unc&es; When

fro an absence often



eori:ing the 7oran

arts; "is father then had hi continue the study of hadith9 and attend

an e&eentary schoo& (8uttab!9 other than the Rrst entioned; Then

he handed hi over to +A" b; -adda& a&4Qaghribi (d;MC= GHY!9 @

of whose wor8s he copied as uch as he cou&d9 recited the to hi9

and received fro hi certiRcates of audition (saa G ! for the; "e

then studied the princip&es of re&igion and 7oranic exegesis with two

aterna& unc&es9 ta8ing &ecture4notes on 8a&a fro one of the9 Abu

Sa0id9 and did the taii6 of the Rrst 6uarter of R6h in adhhab4 and

8hi&af4&aw;+"e a&so &earned fro +Abd ar4/a::a6 a&<Qani c i soe of

the ethod (tari6a! of a&4Ia a&4"usain a&4Qarwarrudhi (d;MY =

GHYC! M in &aw; "e then went to serve (as 8hadi9 student4servitor!

Ia a&4"araain for four years9 during which he cop&eted the

adhhab

7hwara:; -ro

if at



[ushairi (d;MYJ=GH@!; *ac8 in Nishapur9 he

the Qos6ue of 0A6i& on Qonday afternoons for a

nuber

Qufhi &i4lahih Qus&i

Nisab

fro

7hatib (d;MY@=GHG! of *aghdad9 aong

ta8en for hi and his c&assates iia:as for e>

he had heard on his trave&s;

e! Abu*a8rb; 7 Abda&4*a6i (d;J@J=GGMG !; *orn in MM = GHJH9 Abu



*a8r b; +Abd a&4*a6i &earned the 7oran by heart by the age of seven;

"e had begun to &earn hadith in MMJ h;9 at the age of three; "e then

studied &aw under Abu Da+&a b; a&4-arra J ; On his trave&s9 he was ta8en

prisoner by the *y:antines and he&d for one and a ha&f years during

"is

atheatics

any reason to doubt his authorship of a $oentary on the tenth boo8

of 1uc&id9 cited by )eorge Sarton in the Introduction to the "istory of

Science00 given his biography and his autobiographica& notes on his

iprisonent in *y:antiu9 his &earning of the )ree8 &anguage and

exce&&ing in the Re&d of atheatics; The $oentary on 1uc&id was

trans&ated into Latin by )erard of $reona (d;i G >@ h;!;

f! A&4Lura6i of Anda&usia (_;YG=GG!; The Spanish Qus&i a&4

7oran in Qurcia and Va&encia

his



M

INST/%$TION

7oran then to Kaascus in YH@=GHY for 7oranic studies and

&iterature; "e studied the graar of Sibawaih9 a&47itab ■ Z fro

Kaascus9 he went to *aghdad and studied a&47hatib a&4*aghdadi s

biographica& wor89 Tdri8h *aghdad9 ain&y on uhaddithiin "is

biographer then adds, +As for his 8now&edge of the &aw9 &ega& theory

I

V

I

?

G

9



ethodo&ogy

einence

[ifti ( d;YMY = G M ! ; Da6ut cites a&4[ifti

ixing the Is&aic

to hi the 8now8

( wa4a&+i +u&ui ,

graar9 &exico&c

7oranic

atheatics ( riy ada ! 9 astronoy9 geoetry

criticis ( +i&



The foregoing cases give soe idea regarding the se6uence of sub4

curricu&u

ost

in the aority HG cases9 GHGGH wea uic ucic i h; . G%G9G%%G .

ssor for who he had founded the institution9

nera&&y spea8ing9 the arts cae before specia&i:ation in any

cu&ar Re&d; Specia&i:ation usua&&y fo&&owed the study of the 7oran9

h9 graar9 and &iterature; At the tie of the rise of the asid4

adrasa4co&&eges for &aw9 specia&i:ation for the best repre4

f +;

Is&aic



Is&ai

4?au:i censured the SuR "aad

aic sciences+9 +for this reason J 9 continued Ibn a&4?

Is&a

encourage a diversiRcation of the sciences to be &earned; A &earned

an shou&d have soe 8no G

8now&edge has its see8ers; @

$urricu&u



Ibn Abi %saibiVs biographica& notice on 5Abd a&4Latif a&4*aghdadi

gives a detai&ed description of this inte&&ectua&+s educationa& and

teaching career9 and therefore soe insight into one of the best pro4

Qus&i educationa& syste at the tie

ost

fro

asters of *aghdad9 7huras

done under the guidance of his father who had seen to his &earning of

hadith; At the sae tie

eori:ing the 7oran

Qa6aat9 Asseb&ies of a&4"ariri9 and the poetry of a&4Qutanabb



aong

G G; Organi:ation of Learning

J

another on graar;

0Abd a&4Latif goes on to re&ate that when he becae an ado&escent9

his father too8 hi to the graarian 7aa& ad4Kin a&4Anbari9 his

father+s c&assate at the Qadrasa Ni:aiya of *aghdad who was

studying &aw; A&4Anbari found the youth not 6uite prepared to study

with hiZ so he suggested one of his discip&es9 a&4Waih a&4Wasiti

(d;YG = GGJ!9 as a private instructor; The routine was deve&oped

where Wasiti wou&d teach 0Abd a&4Latif a&& the graatica& co4

entaries in a c&ass he he&d in the afariya os6ue; When he went for

his &essons to a&4Anbari9 c Abd a&4Latif went a&ong9 &istening to Wasiti+s

recitations and to Anbari+s exp&anations; /eturning to his roo at

night9 he wou&d &earn the &esson9 rehearsing it unti& he had &earned it

by heart; "e 8ept up this routine of studying with +the Qaster and the



Qaster+s Qaster J (ash4Shai8h wa4Shai8h ash4Shai8h!;

0Abd a&4Latif &earned the LurnaE a wor8 on graar by Ibn ?inni

(d;@C = GHH!9 in eight onths9 hearing each day a coentary on

it9 ost&y fro what others were reading in c&ass; Then he wou&d go

to his roo and study the coentary of the graarian ath4

Thaanini9 and those of +%ar b9 "a:a9 Ibn *arhan (d;MJY=

GHYM!9 as we&& as a&& the other coentaries he cou&d Rnd;

"e so progressed in his 8now&edge of graar that he had his own

fo&&owers aong the students; To the he wou&d coent on the

graar of Ibn ?inni to the extent of severa& fascic&es on each one of

its chapters without exhausting his 8now&edge regarding it;

"e &earned by heart the Adah a&47atib of Ibn [utaiba9 as we&& as

his Ta6wi a&4&isdn; @ 0 The forer wor8 too8 hi severa& onths to

&earnZ the &atter he &earned in fourteen days9 one day for each fascic&e;

"e then &earned Ibn [utaiba+s Qush8i& a&4[ur+dn and his )harib a&4

[ur>dn in a short period;

Other wor8s &earned were, a&4Iddh by Abu 0A&i a&4-arisi (d;@=

C!9 with a&& its coentariesZ at4Ta8i&a9 by the sae authorZ @J

a&4Qu6tadab9 by a&4Qubarrad (d;J=C!Z 7itab a&47uttdb9 by Ibn

Kurustawaih (d; @M=CJ!; @Y

Throughout this period EAbd a&4Latif 8ept up his study of hadith

and R6h under the direction of his professor9 Ibn -ad&an9 in the second4

_oor adrasa ca&&ed Kar adh4dhahab (+"ouse of )o&d J !9 founded by

-a8hr ad4Kau&a b; a&4Qutta&ib; @ c Abd a&4Latif reports that his pro4

fessor9 7aa& ad4Kin a&4Anbari9 had written one hundred and thirty



wor8s9 the aority of the on graar9 others on &aw9 the two usu&s

(usu& a&4R6h and usu& ad4din!9 SuRs and asceticis9 ost of which

he &earned by hearing the in &ectures (sapan!9 reciting the in

c&ass (6ira+atan! and &earning the by heart ( wa4hif:an!; %nder the

direction of this professor he &earned by heart ost of the graar of

Sibawaih (d;c;G =C@!9 a&47itdbZ and he app&ied hise&f eager&y to

astering the Qu6tadab of a&4Qubarrad; After the professor+s death9

Y INST/%$TION

he devoted hise&f exc&usive&y to Sibawaih+s 7itab and its coentary

by as4SiraR >9@Y=CC!; ■

$ontinuing the recita& of his student years9 0Abd a&4Latif says that

he then studied severa& wor8s under the direction of Ibn +%baida a&4

7ar8hi; Aong these were, 7itab a&4uRi&9 by Ibn as4Sarra (d;@GY=

CC!9 the graarian9 the copy he studied being part of the wa6f of

Ibn a&47hashshab (d;@G G=C@! in the /ibat of a&4Qa+uniya in

*aghdad; %nder his direction a&so he studied the &aw of intestacy9 and

the wor8 on prosody by at4Tibri:i (d;JH = G GHC!9 &ecturer on &itera4

Qadrasa Ni:aiy

T o9uf hf30rcE the &ectures of Ibn a&47hashshab on Qa



[i

woan scho&ar Shahda bint a&4Ibari (d;JM = G G!; After this9 5Abd

a&4Latif studied a&chey for soe tie under the direction of Ibn

an4Na+i&i who had coe to *aghdad fro North Africa; Ibn an4Na+i&i

in_uenced hi particu&ar&y by his ethod of teaching9 regarding

which +Abd a&4Latif does not e&aborate9 and by opening his eyes to

other Re&ds of 8now&edge; After Ibn Na+i&i+s departure9 he gave hi4

se&f over to independent study (ishtigha&!; -orsa8ing s&eep and

Ge05nires; he ar&ied hise&f eaeer&v to the study of )ha::a&i+s wor8s9

naes a&4Qa6aBid9 a&4Qfyar9 a&4Qi:dn9 and Qiha88

Naat

■Shifc



by *ahany

any wor8s by ?abi

Wahshiya

a&chey

who he

In the year JJ h;9 at the age of 9 there being no one e&se in

*aghdad to interest hi aong its inte&&ectua&s9 he went on to Qosu&;

Kisappointed in his expectations there9 he was9 however9 conso&ed by

the presence of 7aa& ad4Kin b; Dunus (d;Y@C = GM!9 expert in &aw

and arithetic9 and9 &i8e hise&f9 attracted by the practice of

a&chey; It was in Qosu& that student

@f posts were ade9



Qadrasa of Ibn Q

Qosu&

year studying independent&y9 night and day;

5au oiT otif th>r9 rrn>c nn tn te&& of his trave&&ing to Kaascus

et

Aong the scho&ars he went to eet in $airo was Qusa b; Qaiun

a&4Dahudi (Qaionides9 d;YHJ=GH!; What he says of Shari+i in

connection with the +sciences of the Ancients+ is interesting; Not

bavinB et hi before9 he was introduced to hi by the ia of a

IL Organi:ation of Learning



os6ue where Shari+i was seated with a &arge party; "e found hi to

have an exce&&ent 8now&edge of the wor8s of the Ancients (8utub a&4

a

that prior to this he had no regard for such wor8s in the be&ief that a&&

wisdo

hi

hi

over;



When Sa&adin (regency, JYM4C=GGYC4C@! ade a truce with

the -ran8s and returned to ?erusa&e9 5Abd a&4Latif went there to

oin his entourage9 carrying with hi a&& he cou&d of the wor8s of the

o hi

sus

bringing the tota&

onth&y stipend to one hundred; This aount

ties the +nora& onth&v stipend of a co&&ege G

Kaascus

and devoted yse&f to studying and &ecturing in the %aiyad?

Qos6ue; And the ore I studied the wor8s of the Ancients the ore

y desire for the increased9 whi&e it waned for the boo8s of Ibn Sina;



cae

otiva

tions; Thus I was saved fro two great terrib&e and hui&i

Qy than8s to )od were thus redoub&ed9 for ost inte&&i

fo&&owed the road to perdition sip&y through a&chey ai

of Ibn Sina; J@

anner

incoe

Qos6ue in $airo; "e



fro

approxiate&y four o+c&oc8 in the afternoon; In id4day9 he wou&d

teach students edicine +and other subects+9 eaning9 perhaps9

wor8s of the Ancients; "e wou&d then return to the A:har Qos6ue

and teach other students9 his teaching of the +other subects+ appar4

ent&y being done in private; At night9 he wou&d do his own studying;

"e then too8 up residence in $airo9 with stipends and other fors

of incoe coing to hi fro Sa&adin+s sons; 1gypt was hit by a

p&ague aong the catt&e9 and prices rose because of scarcity; "e wrote

a boo8 describing the conditions then Obtaining9 entit&ing it9 7itdb a&4

Ifdda wa "i +sti+bdrR +&4uur a&4us hdhada wa +&4hawddith a&4u+dyana

bi4ard Qilr; 9 ; ;

When a&4Qa&i8 a&4+Adi& Saif ad4Kin Abu *a8r too8 over the

su&tanate (JCY4YGJ= G GCC4G G!9 dispersing the sons of his brother

Sa&adin9 0Abd a&4Latif oved to ?erusa&e and reained there for a

period9 teaching a variety of subects at the A6sa Qos6ue; It was here

again that he wrote any wor8s; -ro ?erusa&e9 he oved to

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Kaascus9 ta8ing up residence in a&4Qadrasa a&4+A:i:iya in the ye

YHM h; "ere9 he began to teach &aw and pursue his own wor8; "e hZ

any students wor8ing with hi independent&y in any dinere

Re&ds; In Kaascus9 he distinguished hise&f in the Re&d of edia

in which Re&d he wrote any wor8s and achieved

to this period9 he had been 8nown especia&&y as

repute; "e then oved on to A&eppo and fro

( *i&ad ar4/u ! where he resided for any years i,

Qa&i8 +A&a+ ad4Kin b; *ahra

raanan

who he dedicated a nuber

reaining in his service

[ubad

year YJ ";9 G dhu +G46a+da ( G October G! when he set out for



/u and oved fro

period of a year9 ending up Rna&&y in A&eppo on -riday9 the ninth of

Shauwa& (@G August GC!; 9 9;9; 9 t8

"ere the narrative of +Abd a&4Latif ends and his biographer9 Ibn

Abi %saibi+a9 ta8es over; "e te&&s us that+Abd a&4Latif fared very we&&

any wor7s ana

r hi0 direction; "e

"e

Qos6u

and a&4 c Arabiya; In addition to this9 he was forever at his studies9



nerseverin> in the writing of his wor8s; The biographer says that he

eet

eetin

arrived; @C

Abd a&4Latif died in YC=G@G; "e had gone to *aghdad to see the

Qustansir and to present hi with soe

fe&& on his arriva&9 died and was buried next to his father in the

Wardiya $eetery in *aghdad after a forty4Rve year absence fro

his native city; It is possib&e that his return to *aghdad and his



soe of his wor8s to Qustansir ay

rentua& appointent to the ce&ebrated new Qad

Q

ta8ing p&ace after the usua& two years of construction; In that case9

5Abd a&4Latif wou&d have ost &i8e&y been its professor of Shah i

&aw;

fro

of 5Abd a&4Latif; The fo&&owing text contains his advice to students9 a

;G ;4rr G; r;9;f%>ZrAr"r;t i+niorht5Z into the Qus&i

syste



ust

acco

your day9 than8ing )od for itZ and what evi& deed you have


C

coitted

perfor



the

coend you not to &earn your sciences fro

ay

professors for each science you see8 to ac6uire Z and shou&d your

professor be &iited in his 8now&edge ta8e a&& that he can oer9

ust

hi

outh9 singing his praises;



When you read a boo89 a8e every eort to &earn it by heart

and aster its eaning; Iagine the boo8 to have disappeared

and that you can dispense with it9 unaected by its &oss; Once

you app&y yourse&f eager&y to studying a boo89 trying to under4

stand it9 ta8e care not to wor8 on another9 spending on it tie

which shou&d be reserved for the one a&one; A&so9 ta8e care not

to wor8 on two subects a&& at once9 rather devote yourse&f

steadi&y to the one subect for a year or two9 or whatever period is

necessary; Then when you have achieved your purpose with it9

pass on to the next; Nor shou&d you suppose that when you have

ac6uired a science you can rest easyZ on the contrary9 you wi&&

have to 8eep it up so that it wi&& grow and not diinish; The way

to do this is to 8eep it in fresh rehearsa&9 ca&&ing it often to indZ

and if you are a beginner9 by reading a&oud9 and studying9 and

ho&ding discussions with your peers; If an accop&ished scho&ar9

When

ix

su\cient



ana

another is indicative of your inabi&ity to exhaust its contents9

; ; a8e

iperfect&y ! 9 or is ignorant of soe

One shou&d read histories9 study biographies and the experi4

ences of nations; *y doing this9 it wi&& be as though9 in his short

&ife span9 he &ived conteporaneous&y with peop&es of the past9

was on intiate ters with the9 and 8new the good and the bad

aong the

ode& your conduct on that of the ear&y Qus&is;

Therefore9 read the biography of the 'rophet9 study his deeds



utost

iitate hi; When you coe to 8now his habits regarding food

drin89 c&othing9 s&eep9 wa8ing9 sic8ness9 edica& treatent

enoyents and the use of perfues9 and his re&ations with hi,

Lord9 his wives9 his copanions and his eneies9 when yoi

@

C^

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coe

co



Dou shou&d fre6uent&y distrust your nature9 rather than have

a good opinion of it9 subitting your thoughts to en of &earning

and their wor8s9 proceeding with caution and avoiding haste; Ko

not be conceited9 for vanity wi&& a8e you stub&e9 and obstinacy

wi&& bring about your downfa&&; "e who has not sweated his brow

going to the doors of the &earned9 wi&& not stri8e roots in exce&&ence;

"e who has not been put to shae by the &earned9 wi&& not be

treated with deference by the peop&e Z and he who has not been

censured by the &earned9 wi&& not prevai&; "e who has not endured

"e

does not toi&9 wi&& not prosper;

When

"i



he ention of )od s nae9 and sing "is

bedtie9 so that your very essence becoes

iagination pereated with "i9 and you

When you experience soe oy or p&easure in wor&d&y things9

reind yourse&f of death and the transient 6ua&ity of &ife and its

various frustrations; When soething saddens you9 say +We

be&ong to )od and to "i is our returnP J When you coit a

7eep

visions on the road to the "ereafter;

When you want to disobey )od9 see8 out a p&ace to do so

where "e cannot see you; *ut 8now that peop&e serve as the

eyes of )od on "is servant9 showing the the good that is in hi

though he ay hide it9 and the evi&9 though he ay concea& itZ

so that his innerost se&f is exposed to )od9 and )od exposes it

to "is servants; Ta8e care9 therefore9 to a8e your innerost

se&f better than your outward se&f9 and your private &ife ore



radiant than your &ife in pub⁣

co

fro

an

deep&y into &earning9 un&ess he is very high4inded or that he

a

o G

tie



wor&d&y; And wor&d&y things are ac6uired on&y through avidity

and uch thought given to their ways and eans Z so when he

neg&ects the eans to ac6uire the9 they do not coe to hi of

these&ves; Qoreover9 the see8er of 8now&edge is too high4


inded to be invo&ved in base occupations9 deeani

a&& sorts of tra\c8ing9 &owering onese&f to en of w

C G

verse to say in this regard ,

y

"e



Is a&&owed by their dignity to escape the baseness of avid

ac6uisition;

A&& ethods of ac6uiring the things of this wor&d ca&& for spare

tie9 s8i&& and cop&ete app&ication; The student occupied with

his studies is capab&e of none of this; Det he expects the wor&d to

coe to hi without having the eans at his disposa&9 that it

see8 hi out without his striving for it as he wou&d for anything

e&seZ that is wrong and excessive on his part; On the other hand9

when a an asters his subect and becoes faous for it9 he is

courted fro a&& sides9 and oers of posts are ade to hi Z the

wor&d coes to hi subissive9 and he ta8es it without sacriRcing

his dignity Z his honour and piety are 8ept chaste;

7now that &earning &eaves a trai& and a scent proc&aiing its

possessor Z a ray of &ight and brightness shining on hi9 pointing

hi outZ &i8e the us8 erchant whose &ocation cannot be

hidden9 nor his wares un8nownZ &i8e the torch4bearer wa&8ing in

the deep b&ac8 of the night; Qoreover9 the &earned an is

esteeed in whatever p&ace or condition he ay be9 a&ways eet4

ing peop&e who are favourab&y disposed to hi9 who draw near to

hi and see8 his copany9 gratiRed in being c&ose to hi; 7now9



tie

fro

fro country to country

; $&ass 'rocedure

a; 'osition in $&ass

Abu *a8r ad4Kinawari (d;J@J =GGMG! re&ated to his &aw student Ibn

■0■ G G G

?

7hattab



7a&wadhani

When I

ebers

e

student who sat c&ose to the professor9 there being between us two

y day G too8 y p&ace Z

an in 6uestion cae

e; Whereupon the professor as8ed hi, +Why

a in the sae



hi

*y )odP It was not &ong before I advanced in the Re&d of &aw9

becae strong in y

C

INST/%$TION

e and the an

6uestion



MH

fro

grade, the greater one+s 8now&edge of the subect9 the c&oser his

eent

accordance with one+s progress or &ac8 of itZ those c&ose to the pro4

ore

students; The copetition was 8een and pursued without abateent;

The signiRcance of the seating of students in proxiity to the pro4

fessor was brought out by the phrase one often eets in biographica&

notices9 6arrabahu i&aih , ( the professor! +brought the student c&ose to

hi+; MG It was this sae Kinawari who9 on the death of his professor9

7a&wadhani9 succeeded to his chair; M



In the above case9 the student who sat next to the professor

re&in6uished his p&ace of honour of his own accord; In the fo&&owing

anecdote9 the professor hise&f brought the bright student c&ose to

hi; The anecdote is to&d in the words of Abu Sa+d a&4Qutawa&&i

becoe

Qadrasa Ni:aiy

I attended the c&ass of Abu +G4"arith b; Abi +G4-ad& as4Sara8hsi9

aon

his c&ass; A 6uestion was brought up for disputation9 and I spo8e

and raised obections; When y turn was over9 Abu +G4"arith

ordered e to ove up c&oser and I did; And when y turn had

coe up aeain for disputation9 he brought e c&oser sti&& and



y seat was next to hi

Q

y needs and too8 e

acadeic career that gave hi

prootion

Qadrasa Ni:aiy

Qutawa&&

exact p&ace of his predecessor9 rather than a p&ace be&ow it; Thus9 not



on&y students9 but professors as we&&9 had their ran8ing to adhere to9

soe

sae

fro

aong

becoe

b; -unction of -e&&ows

&is fe&&ows fro aon

terina



i; fo&&owed by the other students according to a syste

When

tion was brought up for disputation9 they debated it9 and the pro4


C@

fessor wou&d step in on&y when there was need for c&ariRcation and to

he&p the to carry the discussion to a conc&usion;

Quhyi +d4Kin9 6adi of Qarand9 re&ated that when -a8hr ad4Kin

ar4/a:i (d;YHY= GHC! cae there9 he becae a resident student of

the adrasa in which Quhyi +d4Kin+s father was professor of &aw;

After Rnishing his &ega& studies9 /a:i began to study the phi&osophica&

sciences (a&4+u&u a&4hi8iya! on his own; "e so distinguished hi4



Quhyi +d4Kin then et hi

"aadhan and "erat

of -a8r ad4Kin ar4/a:i gave the fo&&owing description of the &atter+s

c&ass ,

When /a:i sat to &ecture9 a group of his senior students

ta&aidhih& +G48ibar wou&d ta8e their p&aces near hi9 such as

ain ad4Kin a&47ashshi9 [utb ad4Kin a&4Qisri9 and Shihab ad4

Kin an4Nisaburi; These wou&d be fo&&owed by the rest of the

students and the rest of the peop&e according to their grades

5a&a 6adri aratibihi; When soeone brought up a subect

for disputation9 the senior students wou&d debate it; If the dis4

putation becae cop&icated9 or an abstruse notion arose9 the

'rofessor wou&d oin in the disputation and provide a so&ution in



anner

c; $&ass 'rayers

When

fo&&owed on the hee&s of one of the Rve dai&y prayers9 the professor

wou&d sti&& begin his c&ass with an invocation to )od; Abu +G4"asan a&4

7hi&a+i (d;MC=GHCC! used to say the fo&&owing prayer upon con4

c&uding a c&ass on hadith Z it was reported on the authority of the

hadith4expert9 as4Si&aR ,

A&&ahuaP a ananta bih&9 fa4taihuZ wa4a an+ata

bihi; fa4&a tas&ubhu, wa4a satartahu9 fa4&a tahti8huZ wa4a

a&itahu

a8e



the coe

not ta8e awayZ and the fau&ts Thou hast deigned to concea&9 pray

do not revea& Z and for a&& our fau&ts which Thou 8nowest9 pray

reission

Qad

Qadrasa Sa&ihiya in ?erusa&e

coe

hi



0

7oran

Qus&is

adhhab

urisprudence as having the consensus of its urisconsu&ts! Z this was

fo&&owed by 8hi&af &aw9 disputed 6uestions Z and Rna&&y usu& &aw

CM

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( &ega& theory and ethodo&ogy ! ; -o&&owing these three branches of

&ega& science9 he was free to teach whatever he wished of the other

Is&aic sciences; Then the repetitors too8 over9 each with those

students assigned to hi; "e dri&&ed the in the &essons they had had

that orning with the professor; The repetitors were then to coe

bac8 fo&&owing the afternoon prayer to dri&& the students a second

tie; The professor was to teach every day of the wee89 except on

regu&ar ho&idays;

The Rve dai&y prayers were to be perfored congregationa&&y

(aa+a!9 except for those who had a &ega&&y va&id excuse; Students

had to be residents of the co&&ege9 and were not to be a&&owed to spend

the night away un&ess excused by the professor for custoary reasons9

or un&ess the student was arried9 in which case he was to attend the

co&&ege ornings and evenings (tarafai an4nahar!; Students were

bound to attend the second repetition9 as we&& as the Rrst;

The professor had the duty of &oo8ing after the students9 encourag4

ing those who wor8ed9 adonishing the neg&igent; The student who

persisted in his neg&igence9 after continued adonishent9 was to be

expe&&ed by the professor9 &osing his scho&arshipZ so a&so the student

who was gui&ty of isconduct9 un&ess he ended his ways; The pro4

fessor of &aw had two functions9 that of teaching the &aw and that of

utawa&&i; -or his adinistration9 he was to be paid fro the pro4

ceeds of the endowent9 as a&so for his teaching; "e was free to do the

teaching hise&f9 or to hire a substitute4professor to do the teaching

for hi; MY

Such was the situation in this co&&ege9 according to its wa6f deed;

1&sewhere9 atters cou&d be dierent9 according to the express wishes



of the founder; In other co&&eges9 the routine ight be for students to

be ta8en one by one9 &eaving after their a&&otted tie was given the9

rather than a&& reaining in c&ass together; This caused di\cu&ty at

t irnes9 especia&&y when the nuber of students was great ( wa J t4ta&aba

aa>a uta+addida ! and they had to be tutored individua&&y; In such

cases9 the 6uestion of priority wou&d arise9 and the ru&e of +Rrst coe9

Rrst served J wou&d app&y9 producing &ong 6ueues9 &ong before the tie

appointed for teaching; M The practice of ta8ing students one by one

was a&so a custo of repetitors ta8ing advanced students on a +Rrst4

roe4Rrst4served+ basis; Ki\cu&ty arose when resident foundationers

had to copete for attention9 when their nubers swe&&ed with the

addition of externs; A &ega& opinion dea&t with such a situation9 giving

( he residents priority over the externs9 who cou&d beneRt fro the ru&e

of +Rrst4coe4Rrst4served J on&y after the residents had Rnished their

t

M

>petitions;

In the teaching of hadith9 it happened that ore than one teacher

cou&d be conducting a c&ass; Such was the case in the Rrst part of the

sixth =twe&fth century in a c&ass attended by Ibn a&4?au:i9 MC where




CJ

Qansur ?

GGMJ!9 graarian9 who taught at the Qadrasa Ni:aiya9 Abu

J G4-ad& b; Nasir (d;JJH= GGJJ!9 and Sa+d a&47hair a&4Anda&usi

(d;JMG = G GMY!; The c&ass was he&d in the residence of a&4?awa&i6i and

the boo8 being taught was that of Abu +%baid (d;c;@=@! entit&ed

)harib a&4hadith C a co&&ection of hadiths of rare occurrence;

@; Teaching Kays and "o&idays

There does not see to have been a hard and fast ru&e regarding

ho&idays; In one co&&ege9 three days of the wee8 were days on which

there was no schoo&9 as wou&d appear fro a &ega& opinion; This was a

co&&ege of &aw in which student attendance was 8ept9 and where there

were no stipu&ations in the deed of foundation regarding the issue; The

6uestion as8ed was that when a student was absent on a Qonday9 was

it &ega&&y9 perissib&e to ar8 hi down for both Qonday and

Tuesday Z or when he absented hise&f on a Thursday9 was it per4



issib&e to ar8 hi down for Thursday9 -riday and Saturday B The

urisconsu&t a&4-ir8ah answered in the negative9 in the student+s

favour; JH "ere it appears that Tuesdays9 -ridays and Saturdays were

days on which there was no schoo&; 7aa& ad4Kin b; a:4a&a8ani

( d; = G@! was reported as having taught every day of the wee89

+even on -ridays and Tuesdays J Z and he taught three days after the

-east day (of the SacriRce!9 +and 8ept teaching on Tuesdays; This is a

rear8ab&e thing9 unheard4of9 and not a sing&e person has obected

to it J ; JG Note here that Tuesdays and -ridays were non4teaching days;

Qoreover9 as the deed of foundation appears not to have stipu&ated

any conditions in this regard9 the atter being one of custo9 the

professor cou&d do as he p&eased without vio&ating its provisions; -or

Qu+aan

Wednesdays

J

onth



ost &i8e&v /aadan9 the onth

The fo&&owing fatwa concerns a urisconsu&t9 resident fe&&ow of a

co&&ege9 who absented hise&f during vacation , cou&d he be denied

his stioend ( iai8iva& B The opinion was that having absented hi4

onth

reai

for during vacation there was no dierence between a student

who reained at the co&&ege and one who &eft for the onth; J@

A fatwa &isted three onths as +the custoary period of vacation9

/aab9 Sha+ban and /aadan J (a&4bita&a a&4uta+arafa R raab9

sha+ban wa4raadan!; JM Another fatwa dea&t with a case where the

co&&ege founder did not stipu&ate the days on which there wou&d be no

teaching, cou&d it be &ega&&y perissib&e for the utawa&&i to cut o

the stipend of the beneRciaries for those days B $ou&d the founder

stinu&ate other davs as ho&idavs B The oninion here was that the uta4



C Y

INST/%$TION

fro the stipends of students absenting the

toary

custo wou&d prevai&; JJ

Another 6uestion was whether a resident fe&&ow of a co&&ege9 who

hise&f

reason9 whi&e a constant resident of the co&&ege9 residing there with a&&

his be&ongings 4 was he sti&& considered a resident if the deed of the

co&&ege stipu&ated residence B The opinion was that such absences did



not vio&ate the deed+s stipu&ation regarding residencyZ a second uris4

consu&t concurred; JY The prevai&ing custo9 therefore9 sees to have

been9 at &east at the ties cited9 but possib&y for any centuries9 that

two days of the wee8 were ho&idays9 Tuesdays and -ridays;

Students in Tash8oprii:adeh+s (d;CY = GJYH! tie9 in the tenth=

sixteenth century9 had no schoo& on Tuesdays or -ridays; To these

two ho&idays9 Tash8opru:adeh added one of his own9 Qonday9

because9 it was+ exp&ained9 he was studying independent&y the wor8s

ofTafta:ani (d; C= G@CH!; J

-ridays9 besides being ho&idays9 were a&so9 genera&&y spea8ing9 set

aside for disputations9 acadeic serons and the issuing of &ega&

opinions; ShaR+i set aside -riday for disputation9 J as did others after

hi Z the Qus&i sabbath appears to have been a favourite day for

conducting disputations on a&& 6uestions of re&igious science; Abu

Da+&a b; a&4-arra+ used to attend sessions of disputation he&d on -riday

aiahsa n4na:an II G4iua

Q

in which he conducted disputations on -riday before the $on4



gregationa& 'rayer ( yuna:iru f I4ha yaua +G4uu+ati 6ab&a +s4sa&ah ! 9

and de&iver acadeic serons after it ( thua ya+i:u f i4ha ba+da

+s4sa&ah!; "e did the sae on Saturdays; JC The Sharif Abu ?a+far

used to conduct disputations on Qondays9 which were attended by

urisconsu&ts of other schoo&s of &aw besides his own "anba&i schoo&; YH

M; The Long Dears of Study

Studies &asted any years; *esides the four years of the basic under4

graduate &aw course9 there were no Rxed periods for any of the Re&ds

of study; *etween one student and another9 the &ength of tie

re6uired before receiving a &icence to teach cou&d vary considerab&y;

Soe exap&es fo&&ow;

W

Qai

Qai

CJ !4 YG

The graarian 5A&i b; +Isa ar4/aba & i (d;MGH = GHGC!9 Y author of



a high&y praised $oentary on the 7itdb a&4Iddh of Abu +A&i a&4-arisi9

raanan

*aghdad before going to Shira:; There he studied under the direction


C

of Abu 5A&i a&4-arisi for twenty years before returning to *aghdad;

The Sharif Abu ?a+far9 Rrst cousin of the Abbasid ca&iph a&4[a+i9

studied R6h under the direction of [adi Abu Da+&a fro the year M

to MJ G 9 becoing in the eantie his repetitor9 whi&e continuing his

apprenticeship as his fe&&ow during a period of twenty4three years; Y@

Ibn +A6i& studied R6h under [adi Abu Da+&a fro the year MM h;9

and continued to attend his c&asses and sessions9 and to be one of his



fe&&ows9 unti& the 6adi died in MJ h; "e a&so studied disputation under

asters

tion in M@H h;9 as8ing Shira:i to teach in his p&ace; Ibn +A6i& was

Tabari+s fe&&ow unti& the &atter+s death in MJH=GHJ9 then that of

Shira:i unti& the &atter+s death in MY = GH@; YM

Sah& b; Ahad a&4Arghiyani (d;MCH=GHCY! Rrst studied R6h in

Qarw9 then went to Qarwarrudh and studied under the direction of

[adi Abu & A&i a&4"usain b; Quhaad (d;MY = GHH!9 unti& he had

Rnished his course and graduated in &awZ then he went to Tus and

studied 8a&a under Shahfur a&4Isfara+ini (d;MG = GHC!9 and did his

specia&ist graduate wor8 under Ia a&4"araain a&4?uwaini

(d;M=GHJ!; "e then went on pi&griage to Qecca and studied

traditions under the Shai8hs of Ira69 "ia: and a&4?iba&; On returning

fro Qecca9 he visited a SuR shai8h who advised hi to forsa8e dis4

putation and the study of 8hi&af9 which he did; "e a&so gave up a

6adiship9 reoved hise&f fro active participation in wor&d&y



onastery in an4?Nasibiya tor suh4ia6ihs iro

own wea&th; YJ

tie for adission

sees

raanan

reported as saying that he began to study +arabiya and &exicography

in the year GY=@G9 that is9 at sixteen years of age9 then went on9 at

the age of eighteen9 to study the "udud9 ( KeRnitions ! of the gra4

arian a&4-arra+; +*y the tie I reached the age of twenty4Rve+9 he

said9 +there was not a sing&e 6uestion in a&4-arra+ but that I had

astered it;+ YY 1&sewhere9 he was cited as saying that he was born in

the year HH=GY9 adding that it was the second year of the ca&iphate



Qa+un

7hatib

grapher of hadith scho&ars in *aghdad9 up to the year of his death in

MY@=GHG9 was encouraged by his father to concentrate ear&y on

When

began to teach it; Y

Abu +t4Taiyib at4Tabari began his &ega& studies at the age of fourteen

and was said not to have fai&ed a sing&e day to pursue the study of &aw

unti& he died at the age of one hundred and two9 in MJH = GHJ; YC

C

INST/%$TION



?

"arawi (d;JJ@ = G GJ!9 was sti&& a chi&d when his father started hi

th50 ctiir&v nf hadith; carrvine hi on his shou&der fro "erat

hi &earn9 aong

Sahih

transitter

Soe

*anna+ studied &aw under Abu Tahir b; a&4)hubari (d;M@ = GHMG !9



0

Qusa

Taii

who he wrote the ta+&i6a on adhhab

"e

&ifetie

The ShaR+i urisconsu&t Abu Isha6 ash4Shira:i began his &ega&

studies at the age of fourteen or Rfteen in MGH = GHGC; @ After beginning



cae

further under the direction of Abu c A&i at4Tabari; "e began to assist

Tabari as repetitor in M@H = GH@C9 then succeeded hi as professor of

&aw in his asid; In MJC=GHY9 he began teaching in the Qadrasa

Ni:aiya as its Rrst professor appointed by its founder9 Ni:a a&4

Qu&8; "e is said to have taught &aw for over thirty years9 therefore9

since before MMY = GHJM9 and to have issued &ega& opinions for near&y

Rfty years9 since about the year MY = GH@J; M

hoe

twenty9

aiya; "e was adi

$o&&ege as a fe&&ow of its professor Ibn ar4/a::a: (d;J = G G!; J

At the age of twenty9 this student had Rnished his undergraduate



&ega& studies;

There are indications in the biographica& &iterature regarding the

&ength of the period re6uired for the basic &aw course; Abu 0A&i a&4

-ari6i said that Shira:i taught his &aw course in a period of four years; Y

+Abd a&4)haRr a&4-arisi9 author of the Siyd6 &i4Tari8h Nisabur9

studied under his two aterna& unc&es9 aong others9 &earning under

one of the +the Rrst 6uarter of R6h in ShaR+i adhhab4&aw and in

8hi&af4&aw+ (ar4rub0 a&4auwa& in a&4R6h adhhaban warihi&afan ! ;

"e a&so studied soe of the ethod of 8hi&af4&aw of a&4"usain a&4

Qawarrudhi fro m Abd ar4/a::a6 a&4Qani+i Z then went on to serve

Ia a&4"araain a&4?uwaini for four years during which he did

the ta%i6a on adhhab4 and 8hi&af4&aw; There are other instances

in biographica& notices where the biographer is said to have &earned

+the Rrst 6uarter+ of the &aw; Thus the who&e sy&&abus of the basic

course was divided into four parts and taught in a period of four years;

In the case of +Abd a&4)haRr a&4-arisi9 the +Rrst 6uarter of &aw+ was

Ia a&4"araain with who

sy&&abus;



III; The Qethodo&ogy of Learning CC

III; T"1 Q1T"OKOLO)D O- L1A/NIN)

i; Qeory and its Aids

a; Qeori:ation

The deve&opent of the eory is a constant feature of edieva&

education in Is&a; Anecdotes abound regarding those who possessed

prodigious eories; Such persons were referred to in the bio4

graphica& wor8s as +oceans+ (bahr! of &earning9 +receptac&es+ (wiV9

pi; au 0iya! of 8now&edge; uhri is 6uoted as saying that he &ived ear&y

aoner who

"udha&i

?

consu&ts+; "e said he thought that he had +heard+ enough re&igious



et

A&&ah9 when I fe&t that what I had was practica&&y nothing at a&&+ next

to +%baid A&&ah+s 8now&edge;

"arun ar4/ashid had with hi in /aiy two scho&ars9 Shaibani9 the

"anaR urisconsu&t9 and 7isa+i9 the graarian; When they died in

GC=HJ9 the ca&iph was reported saying, +I buried urisprudence and

the Arabic &anguage arts in /aiy;+ C

The practice of naing the great scho&ars and their successors was

a way of 8eeping tabs on those who were the receptac&es of 8now&edge

and their successorsZ as9 for instance9 the &ong &ine of such +oceans+ of

Qadini for *asra9 7ufa

7uthaiyir

Q



en

Qa&i8i syste

the age of twenty4eight9 he had trave&&ed to the 1ast in order to gather

his 8now&edge fro the greats of his tie; G Ibn a&4[irriya (d;M=

HM! was considered aong the greatest orators ce&ebrated for their

e&o6uence in c&assica& Arabic; "e &earned it entire&y by heart through

ora& instruction9 for he cou&d neither read nor write9 technica&&y an

i&&iterate;

Others who had &ost their sight9 had no choice but to &earn by heart;

Such was the case with Abu +G4"asan at4Taii (d;@HY =CG!9 @ a

urisconsu&t who studied ShaR f i R6h under the direction of the

ediate



eory

eant

"e wrote the fo&&owing &ines of poetry in defence of this ethod

he hise&f was b&ind

L G + 40 w

Aba J t3tafa66uha 6auun &a 0u6u&a &ahu

wa4a +a&aina9 idha abauhu9 in darari;

Qa darra shasa +d46&uha9 wa J sh4shasu t

IOO



INST/%$TION

an

Soe ind&ess en

har to us fro their disdaining; =The orning

ind

b&ind;!

@% 0 Ar

M



7oranic scho&ars whose variant readings of the 7oran are authori4

tative9 was 6uoted as saying that he 8new ore graar than the

graarian a&4A+ash (d; GM= YJ!9 and if his 8now&edge were

coitted to paper9 a&4A c ash wou&d be incapab&e of &ifting it; J The

noet a&4Qutanabbi9 as a youth9 won a thirty4fo&io boo8 by a&4Asa c i

c&aiing that he cou&d eori:e

Qu

a8ariya+ (d;@CH = GHHH!9 aurisconsu&t of the ?ariri adhab9 deon4

strated his abi&ity to discuss the contents of any boo8 ta8en at rando

o the she&ves of a wea&thy patron+s &ibrary9 Abu *a8r b; a&4Anbari

(d;@ =CMH! was said by any never to have dictated fro a boo8 or

fro notes9 but a&ways fro eory; *adi0 a:4aan a&4"aad4

hani (d;@C = GHH! was said to be capab&e of repeating an ode of over

Rfty verses fro beginning to end after a sing&e hearing; "e wou&d a&so

read four or Rve fo&ios of a wor8 of which he had no previous 8now4



ati fro eory

fao

boo8s whi&e trave&&ing9 and when he ca&&ed out to the robber to ta8e a&&

hi

"ow can you c&ai

the

possessed you of their contents and deprived you of their 8now&edgeB

)ha::a&i was said to have ta8en the event as a warning fro )od and9

arriving in his native Tus9 he app&ied hise&f for three years eori:4

ing the notes he had co&&ected so that he wou&d never again fear being

despoi&ed of his boo8s; CH 1xtraordinary feats of eory were per4

fored by the great asters of hadith such as *u8hari9 Qus&i9



Ahad b; "anba& and others; The traditions they eori:ed a&ong

with4the chains of transitters were said to have run into the hundreds

of thousands;

Soe urisconsu&ts are said to have coitted to eory the

princip&es of a particu&ar schoo& of &aw; Such was the case9 for instance9

with Abu J G4Qahasin ar4/uyani (d;JH=GGH! who said, +If the

wor8s of ash4ShaR+i were to be destroyed by Rre9 I wou&d be ab&e to

dictate their contents fro eory J ; CG

Abu "anifa9 the Dounger (d;JG = G G G!9 of *u8hara9 was 8nown

to be a veritab&e depository of hadiths; When a student of &aw referred

to hi9 he was ab&e to 6uote hadiths in support of any aspect of the

&aw without referring to anv boo8 whatsoever; When urisconsu&ts

III; The Qethodo&ogy of Learning i o i

cae across a di\cu&ty in hadiths9 they a&so wou&d refer to hi and

base their opinions on what he said; "adiths of high trustworthiness

were transitted ora&&y through hi a&one9 in his day9 so great was

the power of his eory; C Ibn at4Tabban (d;JMM=GGJH!9 a &aw

student of Ibn +A6i&9 used to carry on disputations9 issue fatwas and

teach &aw9 a&& fro eory9 a&though technica&&y9 he was an

i&&iterate; C@ The urisconsu&t Ibn a&4Quna (d;J@ = G G! went b&ind

at the age of forty and was hard of hearingZ he did a&& his teaching to

graduate &aw students fro eory; CM A:4ahir (d;JC = GH ! co4

itted to eory an entire wor8 in each of the fo&&owing Re&ds of



8now&edge, 7oranic exegesis9 ShaR+i R6h9 "anaR R6h9 hadith9

8a&a9 &exicography9 and +he used to recite the as easi&y as the

7oranic reciter recites his -atiha+; CJ Of the faous Ibn Taiiya9 adh4

Khahabi ( d; M = G@M! said, +I have not seen anyone faster than he

when it cae to retrieving fro eory 7oranic verses in support of

an obection he has cited9 nor ore capab&e in ca&&ing to ind

scriptura& texts9 citing chapter and verse; Indeed9 it is as though the

who&e corpus of the Sunna was right before his eyes9 and on the tip of

his tongue ; ; 9+; CY *adr ad4Kin b; ash4Sharishi (d;H = G @Y! was ab&e

fro eory

Qa&i8i

G@J! was said to have been s8i&&ed in the 8now&edge of the &aw of his

adhab9 and that he was ab&e to ca&& to ind a great aount of

ateria&; C Shihab ad4Kin a&4-u6a+i (d;o6 = GMHY! was said to have

fro eory



faous urisconsu&t dis

dubbed +a&4*uwaiti+; CC

eory

out; Spea8ing of a&4)ha:nawi (d;JJG = G GJY!9 a biographer says9 +"is

eori:ed repertory was eager9 thus he repeated the &itt&e that he

had eori:ed+; GHH Sub8i critici:ed professors who repeated the sae

sa&& baereraee of eori:ed ateria&s; GHG

oe

ar b; "udba

G47a&wadhani9

becoin

a bro8er in the ca&iph+s caravanserai; "is biographer Ibn an4Naar



hi

The fo&&owing verse9 attributed to Ibn an4Naar (d;YM@= GMJ!9

eory

i &a

a0

i&u8a f G J &4baiti ustauda

entive eory+s not what

GH



INST/%$TION

= Wou&d you dare9 in copany9 i

When vour &earning at hoe

7hatib

c&assroo a position fro

professor9 to be si&ent and to &isten carefu&&y to the &ecture; -or9

Ar

the second9 good 6uestioningZ the third9 good &isteningZ the fourth9



good eori:ingZ and the hith9 pre

aong those see8ing it; After coin

&ecture and becoing fai&iar with

i fro

the textboo8 Z then he shou&d ta8e what was dictated and read it to see

hise&f and

Rred

eory

hi repeat it fro eory



hi fro

on ore

anner;

= v= 0 X

&itt&e9 in accordance with his capacity for &earning; "e shou&d con4

eon

ind

tie for eon:in



roos

fro

vegetation9 nor on river ban8s9 nor on the highways9 for in these p&aces

soeth

erore9 it is best to study on an epty

stoachZ but extree hunger shou&d be avoided as an ipedient to

study; GH One ust a&so anage one+s diet9 avoiding heavy foods; GH

*aghdadi9 who cautioned the student not to over&oad his eory

with ore than it cou&d assii&ate9 exp&ained that the heart (seat of

the ind! is a eber of the body9 and &i8e any other eber9 has

its &iits; ?ust as too uch food can upset the stoach and wea8en the

body9 so a&so the ind can suer fro a surfeit of ;ateria&s to

assii&ate; 1very now and then one ust give one+s ind a rest so

that the wor8 of assii&ation ay be accop&ished9 and the ind

a&&owed to re&ax in preparation for a fresh eort; GHC



b; /epetition

coit texts to eory

Qany

nuber of repetitons they ade

The urisconsu&t Shira:i said that he used to repeat each &esson of

R6h (dars! a hundred ties in order to a8e certain that he had

ebedded it in his ind; GGH )ha::a&i+s c&assate9 and &ater abas4

I&&9 The Qethodo&ogy of Learning G H@

sador of *ar8iyaru6 to *aghdad9 a&47iya a&4"arrasi9 used to repeat



Qadrasa Ni:aiy

stateent

soe idea of the great $o&&ege+s si:e; Abu J G4Qafa8hir

an

ties9 it wi&& not be Rr&y ebedded

ind

Kaaghan

epitoes of



e

robber9 entioned above9 decided hi to set asi5

coit to eory a&& the notes he had ta8en fro

fessor+s &ectures and fro boo8s; GGM

syste that the aster

u

Soe co&&eges had ore

c; %nderstanding

Qeori:ation9 not eant to be unreasoning rote &earning9 was re4



inforced with inte&&igence and understanding; Thus9 a distinction was

ade between those who cou&d ere&y reproduce a text9 and those

who a&so understood it; In his wor89 Qardtib a&4 7 u&aaE which was a

pro&egoena to his other wor89 *asi& a&46au&R ah8a shara+i0 a&4Is&a9

the ce&ebrated historian Tabari (d;@GH=C@! ade a strong p&ea

for the ac6uisition of re&igious 8now&edge and its understanding

(tafa66uh!9 and censured those of his fe&&ows who &iited these&ves

to transcribing or note4ta8ing without troub&ing with studying and

understanding what they had written; GGJ aa8hshari puts it

stateent

understanding9

adinatun aha

fro eory J (a&4+i&u

GGY

Qus&i theorists of education se&do



to &earn his textboo8 by heart; The advice of 0Abd a&4Latif a&4

*aghdadi9 a&ready cited9 was typica& , +When you read a boo8 a8e

every eort to &earn it by heart and aster its eaning; Iagine the

boo8 to have disappeared and that you can dispense with it9 unaected

by its &oss;+ GG

d; Qudha8ara

That eory was high&y cu&tivated ay further be seen in the ean4

ing given to the ter udha8ara; Lane gives its priary eaning as

ind

eaning of snea8ing, of soethin

"e gives a&so other eanings

for! wou&d ean



When

en or en of &etters9 this verb eans

GHM

soe

INST/%$TION

ay ean to recite verses to soeone9 or to

tes to hi; GG *ut the origina&9 basic eaning

>r>& artfnn of ai"inp0 one another to eori:e;

coit to eory



eanings by extension

for

X x 0

function of reciprocity9 tadha8ara9 signiRes a contest in which two

poets copeted in ca&&ing to ind the odes of pre4Is&aic poetry9 one

of the doing so with ore than one hundred odes; GH

In one instance9 the udha8ara had for its obect the Re&d of hadith

with the contestants vying with one another to see who had the greater

eory9 who cou&d cite hadiths un8nown to the other; GG In another

instance9 G a udha8ara is cited between the uhaddith Ahad b;

Isha6 b; *ah&u& (d;@ G=C@H! and the historian and uhaddith

Tabari; Another uhaddith conducted a udha8ara on rare

hadiths; G@

In 6uoting an autobiographica& note of Isha6 b; /ahawaih9 Ibn

7ha&&i8an cites hi a



y repertory for udha8ara

the ter udha8ara thus in

eory

A&47hatib *aghdadi+s advice to students was that after attending

c&ass9 they shou&d repeat to each other what they &earned and 6ui:

each other on it; GJ Once the &esson has been &earned by heart9 the

student shou&d write it down fro eory; GY The written record of

the &esson shou&d serve as a reference when the eory of it fai&s hi;

Rrs

eory; Qudha8ara

tie for it is at night; "e

an



u

e; The Noteboo8

$oitting, ateria&s to writing was recogni:ed as ost i

Qeory

fro +the ou

fro

Quhaad b; Qus&i b; Wara

$airo9 went to pay a visit to Ahad



hi

Wara answered9 +No+; Whereupon Ibn "anba& adonished hi

savW, +Dou were reiss; We did not coe to 8now the dierence

uu

ents in s5

( ansu8h

III; The Qethodo&ogy of Learning GHJ

Wara

bac8 to $airo and copied the wor8s of ShaR+i; G



iportant in spite HG the e

, eory

eory i

uhaddith and co

,wo ost iportant codiRcations of hadiths9 once said of +I8ria

Aar a&4Daani ( d; GH = J ! that his hadiths were wea8 becai

&e had not coitted the to writing; GC

Nasir b; Ahad at4Tusi (d;MY = GHJ! was said to have studied t

wor8s of Abu +G4[asi a&4[ushairi9 and then copied the; G@H "as8c

3aid that he et the SuR Nasr b; +A&& a&4[a:wini in M@ = GH@ on G

road to Qecca to perfor the pi&griage9 who then dictated a had

to hi fro eory which "as8ani coitted to writing; G@G

fro



eory; "e answered , +No9 the hadiths were copi&ed fro his and

other wor8s9 then were read under his direction J ; +%baid A&&ah

Quhaad b; +%ran a&4Qar:ubani (d; @M=CCM! was then as8ed

sae

fro a boo8 nor fro eoryZ rather9 he used to write the

hen hand the over to us in his own handwritingZ and when

cooied the9 he wou&d tear up his copy; G@ The anecdote

e

eori:e;

; The Scho&astic Qethod, Origins



and Keve&opent

a; The Attraction of Kia&ectic

Qanua&s on Is&aic re&igious and cu&tura& hist

antagonis between $hristian and Qus&i

anifested bv Qus&is

po&e

antagonis was the adoption o& the eney s weapons in order tne

better to oppose hi; Qore signiRcant for Is&a9 however9 was the

ideo&ogica& c&ash within Is&a itse&f; The &ine of authoritative trans4

ission of re&igious 8now&edge &ay in Is&aZ there was &itt&e concern

that Qus&is wou&d convert to $hristianity; Indeed9 the trend was

the other way around; $hristianity did not present a threat to that

&ine of authority; $hristians and ?ews9 the 'eop&e of the *oo8 ( Ah& a&4

7itab!9 were outside the pa&eZ so a&so were Qus&is recogni:ed as

heretics; *ut Qus&is be&ieved to be parading as be&ievers were those

considered to present the greatest threat to orthodoxy; The strugg&e



Is&a

Qa+un

Is&a

fro ideo&ogica& dierences; It sprang fro

ioY

INST/%$TION

noocratic society whose criterion for orthodoxy rested on the prin4

cip&e of consensus9 a consensus that had no fora& organi:ation to

deterine it; %n&i8e $hristianity9 Is&a has neither counci&s nor

synods to deterine orthodoxy; It has no c&ergy9 no body of ecc&esi4

astics convened to consider atters of doctrine9 discip&ine9 &aw or



ora&s; The bounds of orthodoxy are deterined on the basis of the

consensus of doctors of the &aw; Since there is no body of deterinate

character which cou&d be convened for the purpose of po&&ing the

consensus9 this princip&e operates negative&y and retroactive&y; -or

this reason9 consensus9 ia09 is deterined9 not by the yeas against

the nays9 for no c&ear count cou&d actua&&y be ta8en9 but rather by

whether voices of authoritative doctors of the &aw have been raised in

the past against a particu&ar doctrine; If not9 then the doctrine was

considered to have been accepted as orthodox; Thus9 consensus was

achieved in three ways, ( i ! by word (6au&!9 (! by deed (R c &!9 and

(@! by tacit acceptance (ta6rir!; The Qus&i princip&e9 a&4ar bi

+&4a+ruf wa ? n4nahy c an a&4un8ar9 ordering the good and prohibit4

ing evi&9 coanded the u&aa to spea8 up; It was9 therefore9 incu4

bent upon a doctor of the &aw who opposed a given doctrine to raise

his voice against it9 &est he be considered to have accepted it tacit&y;

Si&ence had positive va&ueZ the syste had no p&ace for abstentions;

The u&aa9 wi&&y4ni&&y9 were coitted;

Ia09 consensus9 had its counterpart in 8hi&af9 disagreeent9

dierence of opinion; This situation gave rise9 very ear&y in Is&a9 to

the need for codifying a&& opinion on which there was disagreeent

aong the authoritative doctors; "ere is a centra& fact of Is&aic

re&igious history, the antithesis of ia+48hi&af9 consensus4disagree4

ent9 sic et non;

b; $onsensus vs; $a&ipha& 1nactent of Kecisions

As the Is&aic epire expanded9 and with the expansion cae the

inevitab&e divergence in practice and doctrine9 there soon arose an

awareness of the need to see8 consensus aong those who were

responsib&e for the &aw and its deve&opent;



Ibn a&4Qu6aa5 (d;GM =JC!9 in his treatise on the Sahaba9 points

out the wide divergences in urisprudence and in the adinistration

of ustice existing in the great cities and in the various schoo&s of &aw9

the Ira6ians9 the "ia:is9 and others; "e proposed that the ca&iph

shou&d review the dierent doctrines with their reasons9 then codify

and enact his decisions in the interest of unifority;

There was no se6ue& to Ibn a&4Qu6aa^s advice; Is&a had a&ready

opted for the princip&e of iaE The %aiyad ca&iph +%ar b; c Abd

a&4+A:i: G@M had sent &etters to the provinces ordering that each region

shou&d decide according to the consensus of its doctors of the &aw; G@Y

G@@

III; The Qethodo&ogy of Learning GH

c; The Antithesis of Ia f 47hi&af

G ! The Topics of Aristot&e

In order to arrive at consensus on any doctrine or practice9 disagree4

ent had to be dea&t with and reso&ved; The ethod of reaching

so&utions was to be found in soe aspects of the &ogica& wor8s of

Aristot&e9 speciRca&&y the Topics;

Three stages ay be seen in the deve&opent of this interest, ( G !



the trans&ation oveent of the phi&osopher4physiciansZ (! the

oveent &eading up to the In6uisition brought on by the phi&o4

sophica& theo&ogiansZ and (@! the oveent which &ed to the

deve&opent of the four persona& schoo&s of &aw and their crysta&&i:a4

tion after the In6uisition;

In the second ha&f of the third =ninth century9 a&& the &ogica& wor8s

which fored the basis of dia&ectic and the further deve&opent of

disputation had a&ready been trans&ated into Arabic9 studied9 and

digested , both Ana&ytics9 the Topics9 and the Sophistica& /efutations of

Aristot&e; The science of dia&ectic was Rrst ta8en up by the phi&o4

sophers; The phi&osopher a&4-arabi ( d;@@C = CJH ! wrote a coentary

on *oo8s GG and in9 and a wor8 on *oo8 vin9 of the Topics9 especia&&y

iportant for the deve&opent of the art of disputation9 treating the

anner in which 6uestions shou&d be as8ed and how answers shou&d

be given in a disputation;

The uta8a&&iun9 phi&osophica& theo&ogians9 fo&&owed suit; *ut

the scho&astic ethod9 and a&& the training that it entai&ed9 was not

the Rna& product of the phi&osophers9 nor of the phi&osophica& theo4

&ogians, it was that of the urisconsu&ts; The institutions of higher

&earning9 the schoo&s that produced the scho&astic ethod9 nae&y9 the

adrasa and before it9 the asid48han cop&ex9 were institutions

devoted to &ega& studies9 exc&usive of phi&osophy (fa&safa! and phi&o4

sophica& theo&ogy (8a&a!;

! Ia0 and the $hain of Authority



In the introduction to his Taba6at a&4fu6ahaE a biographica& wor8 on

the $&asses of ?urisconsu&ts up to his tie9 Abu Isha6 ash4Shira:i9 the

&eading ShaR>i urisconsu&t of his day9 said that his wor8 was a co4

pendiu (u8htaZsar! in which he treated of urisconsu&ts and their

fo&&owers; "e described it as +a wor8 which the urisconsu&t cannot

aord to ignore because of his need to 8now those whose opinions are con4

sidered authoritative in arriving at consensus and whose disagreeents are to be

ta8en into account.9 and therefore were to be considered as an ipedi4

ent to the constitution of consensus (&a yasa0u M4fa6iha ah&uhu

&i4haatih& i&aih& R aVifati an yu+tabaru 6au&uhu R J n0i6adi

+&4ia c 9 wa4yu5taddu R +G48hi&af!; G@Y

The ip&ication in Shira:i+s stateent is that not a&& who c&aied

to be urisconsu&ts were to be inc&uded aong the authoritative

doctors of the &aw, authoritative in the sense that their voices were to

04vp

G H

INST/%$TION



&

ention

HG an autnontativeurisconsu&tZ but it is su\cient&y c&ear in his wor8

that authority devo&ved upon those urisconsu&ts who were in the

&ine of descendance fro the 'rophet and his $opanions9 fro who

the transission of canonica& 8now&edge too8 p&ace in succession

passing fro one c&ass of urisconsu&ts to another

The terino&ogy used by Shira:i is indicative of this transission of

Ihn 5^A ri hL ?-ac R % ris$Onsu&ts &earned R 6h on the authority of

J Rnha 0 8 B&uuB G ; a T g the the fo&&owin S + + + ( a8 adha

G4h6ha an Ibn Abbas aa+atun9 fa4inhu ; ; ;!Z G@ +Then Roh

was transitted to another c&ass9 aong the the fo&&owing +

( thua > nta6a&a +G4R6hu i&a taba6atin u8hra9 inhu ; ;!

After treating of the urisconsu&ts of *aghdad and 7hurasan9 he said ,

G hen9 in a&& those countries that cae under the sway of Is&a9 uris4

prudence wound up with the fo&&owers of ShaR+i9 Abu "anifa9 Qa&i8

Ahad b; "anba& and Kawud a:4ahiri E Thus the authoritative

transission of urisprudentia& 8now&edge was accop&ished in succes4

sion fro the 'rophet and his $opanions9 fro one authoritative

urisconsu&t to another9 fro one c&ass to another9 on down the &ine;0.



@ ! Lega& Kia&ectic , -orensic

becae

interested the study of dia&ectic9 adapting it to their own purposes Z

w9a 0= pe > e$t& ^ n of the art of disputation; A&4[aa& ash4

bhashi (d;@YJ G C Y! was the author of a wor8 on dia&ectic9 considered

by the urisconsu&ts as +&egitiate+ (a&4ada& a&4hasan!; Shira:i>o said

o hi, "e is the Rrst urisconsu&t to copose a wor8 on the good

STB0 9 T> a%Wa&u an Bannafa +"ada&a +G4hasana

ina &4fu6aha+!;i The stateent ip&ied that there were others

S>& e ^ f < Qc 0.00; 'hi&osophy9 and phi>

The ShaR+i urisconsu&t Abu 5A&i at4Tabari ( d;@JH = CY G ! wrote two

such wor8s , a&4QuharrarR +n4na>ar9 and a&4?ada&; Shira:i described the

forer as the Rrst boo8 coposed on pure 8hi&af+ (huwa auwa&u

8itab Bunnifa f n48hi&aR +G4uarrad ! 4 *asing hise&f On Shira:i9

Ibn 7athir said that its author was the Rrst urisconsu&t to disengage

or iso&ate (arrada! the subect of 8hi&af9 devoting his attention to it

and coposing a wor8 on it;0. Notice that the > carries the >

8hT a p ( d T,>iE 0. > bH ^9 8 IS dYS$ribed as b 4g on +pure



the second wor8 a&4?ada&9 was on dia&ectic; Another urisconsu&t9 the

nrstTo et 79 h 9 & ad . Kab%Si i> + 9H 0 W@S Said 5^ ha >en the

OT>SSf TePt Saen$e ^ f 8hP&af Snd tH brfng . to Y]is X M

G t4

0

m

G0



E

i

ft4t

5■■ 3

■Z

0o4w



■Q9

; 0 V

■]+

a

3

>he Qethodo&ogy of Lc

id to have a ethod

hi and Tabari if

GHC



ethod

G

?awahir

ethod

nae as 5ar4/adawiya+9 in three vo&ues

ethod

Qunsh



Aidi (d;YGJ=GG!9 who

7ha&dun (d;H = GMHY! cited in his Qu B a>

niethod

MY

>>>fusion of ters, ada& (dia&ectic! 9 8h%af

reeent9 in the &aw!9 na:ar and una

ters

rhodTa+4rW taught in the co&&eges of &aw drued



ethod

ethod

nae

or the confusion of the ters derives fro the eaning

ter was opposed to the ter adhhab; *oth ters

Qadhhab

cop&eent

adhhab



eant

synonyous with ia

7h

aon

of urisprudence; The anti

adhhab48hi⁡ 7hi&af had

ia

a&so found in



asa

una:ara

putation

ters becae

trough association9 and were often used interchangeab&y;

c ; Kisnutation at the $ore of Lega& Studies

A>]Rrst wor8s on dia&ectic had adapted it to the needs of &ega&

beco

> b g n ToTudy % in earnest; They devoted individua& wor8 o



8 and ore signiRcant&y9 they incorporated the subect tn ore or

G daR In their wor8s on &ega& theory and ethodo&ogy; A Rne

exap&e of ths practice is found in a Rfth = e&eventh4century wor8

Sn wor8 4 G who&e boo8 on dia&ectic that Ibn +A6;G inc&udes 9

hi onuenta& suauridica entit&ed a&4WadihRu& a&4Rgh9 The

Qethodo&ogy of the

iportant was dia&ectic for the deve&opent

s in Is&a that it becae a sine 6ua non of tr

r

9r34;i

■■



no

INST/%$TION

asiids and adrasas

study and cu&tivation of dia&ectic as a strengthening agent for the

practice of disputation is c&ear to see in the career of the &aw student;

In his undergraduate period9 nora&&y four years9 he app&ied hise&f

to the &earning of the &aw in its positive aspects; "e began his study of

disputation soetie before this period was over; And once he becae

a graduate student9 that is9 a sahib9 fe&&ow9 of the professor9 he began

to practice disputation in earnest; The ai was to exce& in the 8now4

&edge of the &aw9 to a degree enab&ing hi to issue so&icited &ega&

opinions9 and be ready to defend these opinions against urisconsu&ts

who he&d opinions to the contrary;

ters



a8es

the obect of ada&9 and the obect of na:ar; In ada&9 one advocate

attepts to cause the other to shift fro one thesis to another 4 or9

one thesis to any other 4 by way of argu4

fro

entation

is to attain the truthZ that of ada& being to cause the adversary to shift

fro fa&sehood to truth9 fro



is see8ing itZ the practitioner of ada& (and hence9 8hi&af and una4

:ara!9 acting fro conviction that he 8nows the truth9 ep&oys the

ethod of dia&ectic to convince his opponent9 causing hi to shift

fro his own thesis to that of his ariversarv GM

una:ara

ety

una:ara

r in9 invo&ves the notion o& reciprocity; "ence the ore

3e of the ter una:ara in the sense of disputation; Origi

r una:ara was synonyous with such ters as i

irguent!9 una:a+a fstruede+&; and uhawara ( dia&og

cae



$opare

wa48ana bainahu wa4baina Ab& +&4+A&a J

una:arat

The ter una:ara9 in ordinary &anguage9 had the eanings of

confrontation9 GJH a&tercation GJG and consu&tation; GJ

"ai 7ha&ifa identiRed +i& a&48hi&af9 the science of dierences of

opinion9 of controversy9 with ada&9 dia&ectic9 which was itse&f a part

of anti69 &ogic9 adding, +except that this science (ada&! is app&ied

particu&ar&y to re&igious atters J 9 4 re&igious9 as distinct fro +foreign

GJ@

sciences



The terino&ogy of the scho&astic ethod was9 for the ost part9

associated with &aw and &ega& studies; 7hi&af9 fro 8ha&afa9 to deviate

fro a given course9 was opposed to adhhab9 as a&ready indicated;

III; The Qethodo&ogy of Learning G G G

Qadhhab was used to designate a certain orientation9 direction9 view9

doctrine9 and as such9 was used to designate what has been trans&ated

as schoo& of &aw; ?urisconsu&ts who he&d the sae genera& doctrines in

sae

adhhab derives fro

; eaning a course9 a way9 a ode9 or anner

of acting; The phrase dhahaba adhhaban hasanan eans he

pursued a good courseZ dhahaba adhhaba fu&an9 he pursued the



course of such a one; To fo&&ow the adhhab of ShaR+i eant to

fo&&ow his course9 his schoo& of urisprudence;

In scho&astic terino&ogy adhhab cae to ean the thesis being

uphe&d9 and 8hi&af cae to ean opinions con_icting with the thesis;

*iographica& notices often refer to the urisconsu&t as being &earned in

adhhab9 8hi&af and &ada&9 eaning

adhhab

on which ere were unreso&ved dierences of opinion (8hi&af!9 and

in dia&ectic (ada&! showing that he was versed in that science

i

is



fatwa process; The ustafti re6uested a fatwa (&ega& opinion! fro

the ufti9 the re6uest being as+a&a (6uestion!9 pi; asa+i&9 and the

opinion given9 theawab (answer9 response!9 pi; awiba; -or the dis4

rtation; the su+a& or as+a&a becae the 6uestion9 prob&e9 to be

3ecae

uiib;

answerer9 respondent9 proponent of the thesis; The ta6rir9 +sett&ing+

the 6uestion9 becae the deterination9 so&ution; When the deter4

ination achieved consensus9 it becae the adhab9 the +way to go+9

reained

rea& of 8hi&af Z whence the ter

asa



At the turn of the fourth4Rfth century (the tenth 4e&eventh a;d;!

una:ara9 had a&ready becoe

becoe

accop&ished aster

disputation;

@

Q

TheTa+&i>a4/eport



a; Advocacy

The technica& ters of Is&aic edieva& education are a convenient

guide to the understanding of its ethod of instruction; $ertain

ters are cited here for the &ight they throw on the scho&astic ethod

of the co&&eges of &aw;

*ecause of the ia+48hi&af antithesis9 the thrust of the educationa&

syste in the co&&ege of &aw9 whether the adrasa or its precursor9 the

GG

INST/%$TION

as id48han cop&ex9 was directed toward the training of the

advocate;

With his preparation in the &iterary arts co

survive



through the grue&&ing initia& undergraduate years9 and to go on to

graduate studies and the Rna& ordea& of defending one+s theses9 the

student9 fro beginning to end9 had to continue to deve&op a strong

eory9 &earn how to stoc8 it carefu&&y with the necessary stores9 and

so arrange and c&assify the there as to be ab&e to retrieve the with

the &east possib&e hesitation9 drawing upon the eory+s treasures at

wi&&; -or advocacy was a cop&ete&y ora& exercise; There was no tie

for reference to sources9 no tie for that de&iberation one has when

writing9 no opportunity to draft and redraft before de&ivering the

Rna& product; A&& de&iberation had to be done beforehand9 and the

ateria& astered deRnitive&y for instant reca&&9 in preparation for

the supree encounter with the adversary9 at which tie there wou&d

ar

ade and unade

In Qedieva& Is&a9 the achieveent of consensus (ia ! was

ade possib&e by the absence of disagreeent ( 8hi&af! ; Ia0 was

thus arrived at by a syste of e&iination; 1&iinate 8hi&af and you

have ia0; Those who sought the achieveent of consensus had there4



fore to see to the e&iination of disagreeent; This was the goa& to be

achieved Z it was to be achieved in one of two ways , by winning the

adversary over to one+s side9 or by reducing hi to si&ence;

The advocate+s training thus revo&ved around 8hi⁡ The obect of

training was to &earn how to eet a&& possib&e obections to one+s

thesis; "is training was doinated by two aor initia& concerns,

( i ! to coit to eory an ever4growing repertoire of 6uestions

sti&& being disputed9 and (! to &earn and practise the art of disputa4

tion9 or arguentation9 with specia& ephasis on how to as8 6uestions

and how to answer the; *ut it was not enough to 8now a&& previous&y

uents

6uestions and the &ogica& se6uence of arguents9

obections and rep&ies to the obections 4 for this

is a repertoire e6ua&&y avai&ab&e to the adversary for eori:ation Z

one had a&so to 8now how to innovate, create new 6uestions9 deve&op

hi



ore easi&v to 8noc8 hi

This activity exp&ains why the codiRcation of 8hi&af9 disputed

ost pro&ine genres oi Is&aic

hosp nuestions that reained 5

which there was no consensus9 a repertoire of 6uestions serving as a

reference wor8 for the advocate;

b; Soe )enera& Ters

The technica& terino&ogy of edieva& &ega& education revo&ved

III; The Qethodo&ogy of Learning G G @

ai



by the derivatives of the tri&itera& root9 drs9 when used in the abso&ute9

without cop&eents9 and by other ters cobined with derivatives

f6h

urisconsu&t;

a an9 6ara a &4ft6ha N a&a9 and sai a d4darsZ

eant to study &aw under the direction of a9 aster

The root drs supp&ied any ters re&ating to &aw when the ters

were used without a cop&eent, dars eant a &esson of &awZ udarris9

a professor of &awZ darrasa9 to teach &awZ adrasa9 the p&ace where

&aw was taughtZ tadris9 the teaching of &aw9 the &ega& teaching pro4

ter



a synonyous ter ta8en fro the ter for &aw9 R6h Z in other words9

the ter fa66aha was not used as a synony of darrasa; The ter

fa6ih9 urisconsu&t9 &oose&y used9 designated any student of &awZ ore

speciRca&&y9 it designated an advanced student of &aw9 or an acco4

p&ished urisconsu&t; The fa6ih was not necessari&y a professor of &awZ

being a doctor of the &aw did not guarantee hi a teaching post;

Soe of the other Re&ds of 8now&edge had their specia& ters

re&ating to teaching and &earning9 and others did not; -or instance9

in the Re&d of 7oranic science9 the verb used was a derivative fro the

sae root as the ter for the 7oran , [ur+an9 the 7oran9 coes fro

the tri&itera& root 6f as does the verb 6ara+a9 to recite9 to read a&oud9

with [ur+an eaning the /ecitation9 the 'rophet having read a&oud9

recited9 the verses of the 7oran as he received the fro the Ange&

)abrie&; The verb 6ara+a eant priari&y to study the 7oranic

variants9 the 6ira+atZ it was a&so used in the genera& sense of studying

coK&eent

the particu&ar Re&d; GJM

ter



eant

a8hadha a&4adaba e an9 a8hadha +G4fa&safata an9 a8hadha +i&a

+G48a&ai +an9 a8hadha +i&a +n4na:ari +an9 eant9 resoective&v; to

soeone

ters

■ ■

fro the sae root as the ters for the Re&ds the

eanin

soeone



graduate in that Re&d under (soeone+s! direction; *ut fa&safa9

8a&a9 and na:ar or una:ara did not have such ters derived fro

their own roots;

On the other hand9 the Re&d of hadith had the verb haddatha9 fro

its own root9 signifying to teach hadith9 and tahdith9 signifying the

function or the post of teaching it9 the professorship of hadith; The

ters haddatha and tahdith; in hadith; were therefore the rrnter4

iiM

INST/%$TION

ters

and taf6ih for the teaching of R6h9 though it did use tafa66aha to

designate the &earning of R6h;



a

on the &ega& princip&es of the schoo& of &aw to which the student

be&onged9 on adhhab &aw; Kuring the graduate period9 the ephasis

was on the disputed 6uestions9 on 8hi&af &aw; GJJ This second period

was that of the student+s suhba9 fe&&owship9 during which he becae a

sahib9 fe&&ow9 of the aster urisconsu&t9 a constant copanion9 a

-or

synonyous verb is &a:aa9 fro which is derived the verba& noun

u&a:aa9 synonyous with suhba9 the active particip&e of which9

u&a:i9 was used especia&&y in the Ottoan neriod sieifvintr the;

a

suhba that the activity of ta+&i6 too8 p&ace;

The verb +a&&a6a9 with the prepositions +a&a or +an9 was said of a



student who too8 notes of the &ecture of his aster4urisconsu&t; The

record of his notes was ca&&ed the ta+&i6a9 a ter which was used a&so

to designate the professor+s own &ecture notes9 his own sy&&abus for the

course he taught; According to the contexts in which it is found9 the

eans to record9 to note9 to ta8e notes9 to ta8e inutes

report;

coes

+anhu ta+&&6a9 in reference to a urisconsu&t who9 as a student9 wrote a

aster

&ectures or boo8s; The activity of ta+&i6 was an essentia& part of the

urisconsu&t+s training; The ta+&i6a cou&d a&so be a wor8 of individua&

character9 bearing the stap of its originator; One such wor8 cou&d



fro another in for

aster

&aw; In the case of a aster urisconsu&t9 it cou&d be a set of &ecture

notes for persona& use in teaching his own course9 or a Rnished product

that cou&d be used by other professors of &aw; In the case of the

fro both the aster

then studied9 eori:ed and subitted to the aster for exaination

and 6ui::ing with a view to being prooted to the c&ass of ifta+Z it

cou&d a&so be the resu&t of further wor8 and coposition to be pro4

duced as a Rnished product9 the student+s Rrst pub&ication; 1xap&es

of ta+&i6as of asters and discip&es are given be&ow; A good exap&e



of ta+&i6as of advanced students wou&d be )ha::a&i+s two ta+&i6as9 one

done under Isa+i&i and another under ?uwaini; The Rrst reained

in the for of notes9 severa& noteboo8s which he a&ost &ost to the

brigands whi&e trave&&ingZ the second was rewor8ed into a Rnished

product9 entit&ed a&4Qan8hu& in "i a&4uxu&; his Rrst rh&ira"nn

III; The Qethodo&ogy of Learning G G J

When a professor was faous for his ta+&i6a9 the atter was en4

tioned by the biographersZ ust as when a student urisconsu&t had

exce&&ed in the activity of ta+&i69 the atter was a&so ade 8nown; The

ShaR+i urisconsu&t Ibn Abi "uraira (d;@MJ=CJY!9 discip&e of Ibn

Surai and Abu Isha6 a&4Qarwa:i (d;@MH =CJG !9 wrote a coentary

on the faous 1pitoe of a&4Qu:ani; This coentary was his

ta+&ioa; "is discip&e Abu 0A&i at4Tabari produced a faous ta+&i6a of

aster, a8hadha +G4R6ha

+anhR +t4ta+&ioata +G4ash4

his own9 based on the &ectures of the

0an Abi +A&& b; Abi "uraira ; ; ; wa4+a&&a6Z

hurata +G4ansubata &iaih; GJY

The ter used for copying was 8ataba9 to write down word for



word; The verb 8ataba9 as a counterpart of+a&&a6a9 was used for the

corresponding activity in the Re&d of hadith; -or instance9 a&4

Astarabadhi ( d; @@J = CMY4! was said not to have written down tradi4

tions on the authority of +Aar b; /aa+ (d;Y=G!, a&4Astar4

abadhi adra8a +Aar b; /aa+ wa4&a ya8tub 5anh; GJ And when

Astarabadhi he&d a session of hadith4dictation in Astarabadh9 hadiths

were written down on his authority, wa4+a6ada a&isa +G4i&a+i

bi4Astarabadh wa48utiba +anh; GJ

The dierence between the two activities designated by 8ataba and

+a&&a6a was c&ear&y indicated in passages such as the fo&&owing; Ibn

Abi Da+&a (d;JY=GG@G!9 in spea8ing of his father+s discip&e9 Ibn

Qahuya (d;MC@=GGHH! said that +he reported+ on a section of

adhhab4 and 8hi&af4&aw9 and +wrote+ ( ` copied! certain passages

fro his wor8s, +a&&a6a 5ani +G4wa&idi 6it+atan ina +G4adhhabi

wa+G48hi&af9 wa48ataba ashya+a in tasaniRh; GJC

The dierence between 8ataba and +a&&a6a was9 therefore9 a

7ataba

ati fro

copetence



ent

ed in his note4ta8ing; -or here9 in contra4

fro dictation9 there was no tie to coit to

eory every word uttered in tne proceedings9 wneiner a uispuiaw

in progress9 or a &ecture in which a professor of &aw reported an actua&

disputation ora&&y;

The atosphere of a c&assroo on hadith diered draatica&&y

fro that of a c&assroo on &aw; "adiths were copied word for word

fro dictation; The process was tedious and du&&; Teachers of hadith

were praised in biographica& notices for their patience; Notices

ention the cop&aints of teachers regarding the bad behaviour of

students in c&ass9 ta&8ing and distracting other students , no doubt

because soe too8 dictation faster than others9 and hadith c&asses

uch ore



co

arguentation

uY

INST/%$TION

co

tie

a digest9 a report9 of an on4going disputation;

a8ing



[uestions and Qethod

aster4iurisconsu&ts J teaching, of disputation was done with ore

aong the

ateria&s

o theory and ethodo&ogy; At the core of these ateria&s

were the asa+i&9 6uestions; The best ateria&s consisted not on&y of

a repertoire of 8nown 6uestions9 but a&so of new 6uestions and the

ethod of dea&ing with the; This inc&uded a&& possib&e obections to

a 6uestion together with the rep&ies to the obections;

*iographers often cited the ta&ent of graarians and urisconsu&ts

for discovering new 6uestions and deve&oping ethods for dea&ing

with the; [ifti9 for instance9 spo8e of Abu Ta&ib a&4Adai (d; after

MJH=GHJ! as dea&ing with the intricacies of graar in regu&ar



sessions of disputation during which he wou&d originate 6uestions

theretofore un8nown; GYH

Wafa+ b; a&4[Z

in the great Qos6ue of a&4Qansur in *aghdad for issuing &ega&

opinions and conducting sessions of disputation; "e taught a course

consisting of 6uestions for use in disputations9 inc&uding the obections

the

asa

such as the fo&&owing, 7itab a&4asd+i&Z /u+us a&4asai&Z Qasa+i&

(So4and4So!9 citing the nae of a aster urisconsu&t or graarianZ

a&4Qasa+i& a&4 (fo&&owed by the nae of a &oca&ity!Z GY Qasa+i& ft

C &48hi&af C usua&&y on &aw9 but a&so on graar9 and soeties on



8a&a and edicine; GY@ Qus&i edieva& education produced a

particu&ar genre of &iterature9 a8in to the genera& wor8s on 8hi&af9 but

essentia&&y wor8s destined for the student of &aw9 a genre of scho&astic

When

ethod

student was said to have +reported+ the ta+&i6a9 or tari6a99of his pro4

eanin

e

stateents



e

a a&&aaa ahadun tari6ati i

has reported noted down y ethod as we&& as he! Z aa

tari6atihi wa4 tari6ati (fu&an! (he cobined his ethod

ethod of So4and4So9 that is he astered the ethods

dierent professors! Z and so on;

The; farina of a nrofessor was his ethod of dea&ing0 with

III; The Qethodo&ogy of Learning G G

asa &&; asa && a&48hi&ai9 a&4asa

we&& as the repertoire of the 6uestions he treated; The ce&ebrated

Shafts -a8hr ad4Kin ar4/a:i wrote at4Tari6a R "48hi&af wa +&4ada&

(&itera&&y9 A Qethod in Sic4et4Non and Kia&ectic!9 GYM e&sewhere

referred to as at4Tari6a a&>A&aiyaR"48hi&df G > perhaps dedicated to

7hwari:shah +A&a C ad4Kin Quhaad (reign, JCY4YG = G GCC4



/ahan

Qadrasa Qustansiriy

e

disputed 6uestions (tari6atun R J &48hi&af yahtawi c a&a Qshrina

as+a&a!; GY Abu +G4Qu:aar as4Sa0ani (d; MC = GHCY!9 a faous

urisconsu&t who9 after thirty years as a "anaR9 changed over to the

ShaR+i adhab9 is the author of a&4*urhanR %48hi&df said to contain

aaa tihi 6ariban

as+a&atin 8hi&aRva !; GY Ibn A6iL who used the e



putation in writing his WadihRulu& a&4R6h3 describes his ethod at the

end of the onuenta& three4vo&ue wor8 which he wrote for the

use of beginners,

In writing this wor8 I fo&&owed a ethod whereby Rrst I

presented in &ogica& order the theses adhhab9 pi; adhahib9

then the arguents hua9 pi; hua9 then the obections

su+a&9 pi; as+i&a9 then the rep&ies to the obections awab9 pi;

awiba9 then the pseudo4arguents (of the opponents for the

counter theses! shubha9 pi; shubah9 shubuhat9 then the rep&ies

of these pseudo4arguents awab9 pi; awib:

for the purpose of teaching beginners the ethod of

putation

Not a&& professors had a tari6aZ not a&& had a ta+&i6a; Those who did

not have a ethod of their own ade use of soeone e&se+s; Waih

ad4Kin b; Nubata (d; before JH=GGM! was said to have done the

ta+&i6a phase of his &ega& education under a professor who used the

ta+&i6a of another professor; GH Ibn 7ha&&i8an spea8s of the ShaR+i

urisconsu&t Abu Ta&ib at4Taii a&4Isfahani (d;JJ=GGC! as

having exce&&ed in disputation and authored a faous ethod

( tari6a ashhura ! +which becae the obect of re&iance of professors



in their &ectures on &aw J and they considered those professors who did

not a8e use of the ethod as fa&&ing short of the inte&&igence re6uired

in order to a8e proper use of it; GG Khahabi cited the sae wor8 as

+a ta+&i6a rep&ete with a&& sorts of 8now&edge J ; G Thus ta+&i6a and

tari6a were used synonyous&y;

The ter 8hi&af inc&uded the eaning of content as we&& as ethodZ

ethod

the; ?ibri& b; Sari was said to have coe

to *aghdad in JM = G G; "is &ega& education was given as fo&&ows in

three stages , ( G ! he Rrst studied adhhab4&aw ( tafa66aha R

ixS

adhhab



INST/%$TION

ethod

which (@! he began to dispute9 discuss the disputed 6uestions9 with

the urisconsu&ts (wa4sara yata8a&&au _ +G4asa+i&i a+a J G4

fu6aha J !; G@

The ter asa+i& was 6ua&iRed in dierent ways9 asa+i& a&4R6h9

asa+i& a&48hi&af9 a&4asa J i& a&48hi&aRya9 asa+i& at4ta+&i69 a&& of which

referred to the disputed 6uestions9 6uestions or obections raised

against &ega& opinions (fatwa9 pi; fatawa!9 and which ust be &earned

by the student4urisconsu&t in the ta+&i6 GM phase of his &ega& education;

entioned

asa



taught in the ta+&i6 phase of his &ega& education; GJ A&47a&wadhani

was considered to have been the author of two wor8s on 8hi&af9

a aor and a inor, a&47hi&af a&48abir and a&47hi&af af4saghirZ

the aor was a&so entit&ed a&4Intifdr ft +&4asd+i& a&48ibdr9 and the

inor

asa

re&ated and denoting controversy9 disputed 6uestions;

The student of &aw cou&d do his ta+&i6 under one or severa& pro4

co

disputed 6uestions as possib&e9 together with the ethod or ethods

of dea&ing with the; Since the great professors had each a ta+&i6a9 or



ore9 a repertoire which inc&uded a syste of 6uestions and answers

diering fro that of another9 the di&igent student who aied at the

suit of his profession9 rivasa9 wou&d be interested in co&&ecting as

any

conteporaries

Ia a&4"araain a&4?

c i adhab; The Rrst enti

Qecca and Qedina 4 wh5

Ia

Two "o&y $ities+ 4 teaching &aw and issuing &ega& opinions ( yudarrisu

wa4yufti!9 but a&so +co&&ecting the ethods of his schoo& of &aw J (wa4

yaa+u turu6a J &4adhhab!; G Shira:i9 for his part9 did the ta c &i6



under severa& professors, *aidawi (d;MM=

Quhaad

ar

who

/aha

at4Tabari9 his &ast professor and the one with who he continued the

ta+&i6 for any years; GG

ter

&ast phase of his &ega& studies9 was a repertoire of &ega& 6uestions which



eory

exained

d; Authors of TV&i6as

coe

tie

III; The Qethodo&ogy of Learning G G C



coen

epitoi:

of &aw+ (sharaha +G4adhhab9 wa4&a8h8hasahu9 wa4+ai&a +G4asa &&a

R+G4furu0!; G@

*efore Ibn Surai9 the practice sees to have been conRned to

copying verbati the wor8s of the authorities and eori:ing the;

Such was the case with the conteporary of Ibn Surai senior9 Abu

TaTar Quhaad b; Ahad at4Tiridhi (d;CJ=CH!9 the top

&a

i



(8atabtu 8utuba +sh4ShaR+I!; GM 1ar&ier9 Ibn /ahawaih (d;c;@=

J ! 9 having engaged ShaR+i in a &ega& disputation reported by -a8hr

ad4Kin ar4/a:i in his biography of ShaRQ9 was so ipressed by

ShaRTs &ega& 8now&edge that he persona&&y copied a&& of his wor8s;

u

With

copying verbati was the practice in the study HG haditn; ■

to these two scho&ars9 Tiridhi and Ibn /ahawaih9 nothing is said

here of the practice of ta+&i6 or of the e&aboration of new 6uestions9

essentia& to ta+&i6;

Ibn Abi "uraira (d;@MJ=CMY!9 discip&e of Ibn Surai and Abu

Isha6 a&4Qarwa:i9 GY and writer of a $oentary on the Qu8htafar

(1pitoe of Law! of a&4Qu:ani9 was said to have e&aborated disputed

6uestions in &aw ( wa4&ahu asa+i&u R +G4furu G ! ; G This $oentary was

his ta+&i6a which was in turn the obect of the ta+&i6 of his discip&e Abu



; r faous

ashhurata +G4ansubata

he a&so wrote a wor8 on disputation9 the Rrst of its 8ind9 and another

aon

Abu "aid a&4Isfara+ni9 &eading ShaR+i urisconsu&t of his day9

was the author of what was referred to as The )reat Ta & &i6a ( at4 Ta"i6a

w 9 inter a&ia9 a $oentary on the 1pitoe of Law of

Qu:ani9 and disputed 6uestions on &ega& theory and ethodo4

&ogy; GCH

Ibn /i:6awaih (d;MG = GH G ! +studied &aw and reported on ShaR+i



&aw+ ( darasa+&4R6ha wa4+a&&a6a +a&a adhhabi +sh4ShaR+i!; GCG The

6adi Abu ?a+far Quhaad b; Ahad an4NasaR (d;MGM= GH@!9

"anaR urisconsu&t9 authored a we&&48nown ta+&i6a; GC A&4Qahai&i

ad4Kabbi ( d;M G J = G HM ! 9 a discip&e of the above4entioned Isfara+ini9

produced a ta+&i6a of his own9 GC@ and was pointed out in a biographica&

notice devoted to his son9 as author of a ta+&i6a; GCM Abu +G4"asan a&4

*andanii (d;MJ= GH@M!9 another discip&e of Isfara+ini9 produced a

ta+&i6a of his own; GCJ This was a&so the case with an4Na+ini (d;MM =

GHJJ!9 another discip&e of Isfara+ini; GCY

vo&ues

preserved in the Top 7api

C

GH

INST/%$TION



"e studied under severa& professors of &aw9 Abu "aid a&4Isfara+ini

aong the9 and wrote severa& wor8s on dia&ectic and disputation as

we&& as a $oentary of Qu:ani+s Qu8htafar; GC Abu Nasr a&4Qarwa:i

(d;MJM=GHY!9 a &eading ShaR+i urisconsu&t in 7hurasan9 studied

under Isfara+ini in *aghdad9 producing a ta+&i6a in the process; GCC

[adi Abu +A&i a&4"usain b; Quhaad a&4Qarwa:i a&4Qar4

warrudhi9 a &eading ShaR+i urisconsu&t9 was the author of a ta+&i6a

ca&&ed by Nawawi9 at4Ta"i6 a&48abir; HH Another &eading urisconsu&t

Abu Isha6 ash4Shira:i9 after +reporting+ (ta+&i6! under severa& pro4

fessors9 produced a %_i6a of his own; HG

[adi Abu Da+&a9 co

before hi; H "is discip&e9 the "anba&i 6adi Da+6ub a&4*

(d;MY = GHC@ !9 had a ta+&i6a in severa& vo&ues which was ar

ent of that of his professor; H@ Abu +G4Qu:aar as4Sa

forer "anaR turned ShaRQ; was the anthnr nf a taQi+na

adhab



Iti&aR raddAbi aid

7ha&ifa

Kabusi;

Aong authors of ta+&i6as cited by "ai 7ha&ifa there is the nae

of the faous )ha::a&i9 without a tit&e; HY "is ta+&i6a is ost &i8e&y

the wor8 entit&ed a&4Qan8hu&9 recent&y edited and pub&ished in

Kaascus; H It is a wor8 on &ega& theory and ethodo&ogy9 based on

the &ectures of his professor Ia a&4"araain a&4?uwaini; At the

end of his wor89 )ha::a&i states that he fo&&owed his professor+s notes

c&ose&y9 without odiRcation9 except in the arrangeent of the

various sections and chapters9 in order to faci&itate its use as a refer4

ence; As+ad a&4Qihani (d;J@ = G GC!9 discip&e of the aforeentioned

Abu +&4Qu:aar as4Sa+ani9 and a professor of &aw at the Qadrasa

Ni:aiya of *aghdad9 was the author of a ta+&i6a referred to as

Ta"i6at a&48hi&df; H The "anaR 6adi 5Abd a&4A:i: an4NasaR (d;J@@ =

G G@C! wrote a ta+&i6a in four vo&ues; HC A&a+ ad4Kin a&4+A&i

(d;JY@=GGY! wrote one whose tit&e was ta8en fro his nae,

+a&4+A&ii+; *arawi+s (d;JY = G G! wor8 was referred to as at4Ta"i6a

R "48hi&afwa +&4ada&; GH Ibn a&4?au:i ( d;JC = GHH! coposed severa&

ta+&i6as9 according to his own testiony in the introduction to his



a&4*a: a&4ashhab9 of which he cites three; GG /u8n .ad4Kin a&4

"aadhani (d;YHH=GHM! is credited with a ta+&i6a entit&ed

at4Ta"i6aR +&48hi&df9 in three recensions, a aor9 a ediu9 and a

inor; G The "anba&i urisconsu&t )hu&a Ibn a&4Quna $d;YGH=

Kaascene historian Abu Shaa

faous

■Sharif9

onteporaries in *aghdad ca&&ed it an4?Va>if

the and e&iinated fro the

GC



III; The Qethodo&ogy of Learning G G

A&4Aidi (d;Y@G = G@M! is credited with two ta+&i6as9 a aor and

a inor; GJ And Sa&ah ad4Kin a&4+A&a+i (d;YG =G@YH! is credited with

four9 a aor9 a ediu9 a inor9 and a&4Qifriya (The 1gyptian! in

twe&ve vo&ues; GY

e; Kiensions and $ontents

Soe of these ta+&i6as were of a very ipressive si:e; That of Abu

"aid a&4Isfara+ini was said to have consisted of Rfty bound

vo&ues; G Abu J t4Taiyib at4Tabari+s was described as consisting of

ten bound vo&ues; G Other authors wrote severa&9 each with its own

tit&e9 in editions of various si:es; The contents of these wor8s were not

often described; There are9 however9 stateents here and there that

give us soe idea of their contents; The ta+&i6a of Isfara+ini was

described in the fo&&owing ters, It is a wor8 +in Rfty bound vo&ues

in which he reported the dierences of opinion aong the u&aa9

their theses9 their obections9 and their disputations ; ; ; with exce&&ent



urisprudence ( ` understanding! and superior insight J ;

Tabari+s was described as +a vo&uinous ta0&i6a in ten bound

vo&ues containing any arguentations and ana&ogica& reason4

ings J ; H *aiha6i (d;JYJ=GGH! stated that he +reported J the &ec4

tures of his professor Ta a&4[udat Abu Sa+d Dahya b; Sa0id, the

chapter on :a8at9 a&s4tax9 and its disputed 6uestions9 then the rest

of the disputed 6uestions of &aw9 +not according to the c&assiRcation

of the R6h chapters J Z in other words9 a rando disposition of these

6uestions;

Ibn a&4?au:i J s introduction to his a&4*d: a&4Ashhab a&4un6add 7 a&a

u8hd&tR +&4adhhab (The )rey -a&con that Swoops Kown on the

Adversaries of the "anba&i Schoo& ! 9 throws soe &ight on the contents

of a ta+&i6a,

7now 4 ay )od guide you aright 4 that when I fo&&owed the

adhab of the Ia Ahad b; "anba& 4 ay )od be p&eased

with hi 4 I behe&d a an of great einence in the re&igious

sciences who had exerted 4 )od have ercy upon hi 4 the

utost of his power in the study of these sciences and of the doc4

trine of the Ancient -athers to such an extent that no 6uestion

cou&d be raised but that he had a scriptura& text to cite9 or a

rear8 to a8e9 with regard to it; "e was9 however9 a fo&&ower



of the Ancient -athers9 and conse6uent&y coposed wor8s based

so&e&y on hadith; Thus I perceived that his teaching was devoid

of those types of wor8s which abound aong the adversaries; So

I coposed &engthy coentaries9 aong the a&4Qughni3 in

severa& vo&ues9 2dd a&4asir9 Tadh8irat a&4adib9 and others; In

the Re&d of hadith9 I coposed a nuber of wor8s on the criti6ue

of credibi&ity a&4arh wa +t4ta+di&; I have not coe across a

ta+&i6a on 8hi&af by any of the i;e;9 the "anba&is; "owever9

[adi Abu Da+&a had said, M I used to say .What is the atter

G

G

INST/%$TION

with the ebers of our schoo& who discuss dierences with their

adversaries without citing Ahad b; "anba& B. Then I exepted

the fro b&ae9 since we had no ta0&i6a on R6h;+ *ut in the

ta0&i6a which he coposed he did not a8e a distinction between

doctrines that were va&id and those that were reectedZ though

he did cite conunctive sy&&ogiss; I have observed aong our



copanions9 the "anba&is9 who teach &aw9 those who resort to

the ta+&i6a entit&ed a&4Isti&d or the ta+&i6a of As+ad9 @ or the

ta+&i6a a&40A&ii 0 or at4Ta"i6a ash4Sharif a b borrowing the

for use in their c&asses; So I coposed for the a nuber of

ta+&i6as9 aong which a&4Inldf R asd+i&i "48hi&dfE 0 ?unnat an4

na:ar wa4annat a&4Rtar G and t %ad ad4da&d+i& R ashhur a&4

asd+i&; Then I thought it wou&d be we&& to co&&ect the hadiths

noted down in writing and adduced as arguents by the e4

bers of our schoo& of &aw9 and I distinguished between the sound

and the reected9 and I coposed on the various schoo&s of

thought a boo8 in which I cited a&& these hadiths9 and entit&ed

it a&4*d: a&4ashhab a&4un6add 0a&d u8hd&iR + &4adhhab ; C

Ibn /aab gave an extensive &ist of Ibn a&4?au:i+s wor8s and designated

the fo&&owing three as ta+&i6as9 a aor9 a ediu9 and a inor,

a&4*d: a&4ashhab Z @H ?unnat an4nagar wa4annat a&4Rtar Z @G and 7 %ad

ad4daWi&R ushtahar a&4asd+i&; @

Thus any wor8s designated as ta+&i6as do not carry the ter itse&f

in the tit&e; Since it was essentia&&y a wor8 of soe origina&ity as

regards its structure9 and since the ethod9 tari6a9 it contained was

persona&9 no two taQi6as9 or tari6as9 were exact&y a&i8e; Det there was

such a thing as a tari6a for a region9 the region+s tari6as having

enough in coon to be ca&&ed9 for instance9 that of Ira69 as dis4

tinguished fro that of 7hurasan, at4tari6a a&4 c Ira6iya9 at4tari6a a&4

7hurasaniya; The tari6a9 Rrst deve&oped by ShaR+i and "anaR

urisconsu&ts9 appears to have been initiated by the ShaR+is; ShaR+i9

hise&f9 was considered the initiator of usu& a&4R6h9 &ega& theory and

ethodo&ogy; The "anba&is adopted the ta+&i6a in the Rfth =e&eventh

centuryZ whi&e the Qa&i8is were sti&& without it towards the &atter part



0 0

of the sixth = twe&fth century; The deve&opent of the tari6a went

hand in hand with that of the co&&ege of &aw9 Rrst the asid48han9

then the adrasa; It is noteworthy that this co&&ege of &aw9 the

adrasa9 as far as can be deterined through the avai&ab&e sources9

was adopted Rrst by the ShaR+is and "anaRs9 then by the "anba&is9

and &ast9 as we&& as &east9 by the Qa&i8is;

f; The Ta+&i6a and -ie&ds Other Than Law

i ! )raar

The ta+&i6a was a product of disputation; As such it cou&d have been

deve&oped not on&y in &aw9 but in other Re&ds where disputation was

a&so practisedZ nae&y9 graar9 8a&a9 and edicine; *ut the

III; The Qethodo&ogy of Learning G @

ta0&i6a was priari&y a textboo8 deve&oped for &ega& studies in the

co&&eges of &aw, the asid9 and &ater9 the adrasaZ in the other Re&ds

it was a &ate4coer;

Kisputation is usua&&y connected with theo&ogyZ but soe of the

ear&iest disputations were in the Re&ds of &aw and graar; The uris4

consu&t Abu [a&aba a&4?uri (d; GHM= ! disputed with conte4

porary urisconsu&ts9 in the presence of the %aiyad ca&iph 0%ar

b; 0Abd a&4A:i:9 on a 6uestion of criina& &aw (6asaa!; @@



Kisputations in graar were a&so ear&y in date; The faous

graar of Sibawaih (d; nd ha&f of second =eighth century!9

a&47itdb ( The *oo8! was described as a wor8 fro which one cou&d

&earn disputation and in6uiry; @M The fo&&owing technica& ters of

disputation appear in an anecdote concerning the *asrian gra4

arian a&47ha&i& ( d; G YC = J ! , as+a&a ( 6uestion ! Z awab ( answer ! Z

uib (answerer!Z i+tirad (obection!Z and in6ita0 (reduction to

si&ence9 defeat!; @J Another anecdote has hi exp&aining why he did

not dispute with an o&der co&&eague after having gone to hi for the

purpose; A&47ha&i& answered, +"e Abu ( Ar b; a& 0A&a+ has had

the position of ra+is9 top an9 for Rfty years; I feared he wou&d be

reduced to si&ence and be disgraced in his own town J ; @Y

When the *asrian Sibawaih cae to *aghdad he disputed with

a&47isa J i and his discip&es9 @ aong who a&4Ahar ( dx; G CM = G o ! 9

who was the tutor of a&4Ain (ca&iphate, GC@4 = HC4 G@!; @ The

7ufan Tha+&ab was considered as too uch of a traditiona&ist9 ignorant

of the graatica& specu&ation of the *asrians; On the other hand9 he

had a we&&4stoc8ed eory and cou&d cite chapter and verse fro the

wor8s of the 7uRan graarians a&4-arra J (d; H=! and a&4

7isa+i; @C

The ear&y interest in disputation aong the graarians was per4

haps a strong factor in estab&ishing and aintaining the use of

c&assica& Arabic as the &anguage of disputation; The Qu c ta:i&i uris4

consu&t *ishr a&4Qarisi (d;G=@M!9 disputing with ShaR+i (d;HM=

H!9 was censured for his inabi&ity to spea8 correct c&assica& Arabic

because of his &ac8 of graar; MH A&4A8hfash (d; after H=!9

at4Tuwa& (d;M@ =J! MG and Abu Ta&ib a&4Adai M were gra4

arians 8nown for their s8i&& in inventing new 6uestions9 asa+i&; The



urisconsu&t Ibn a&4"addad (d;@MJ =CJY! fo&&owed the ethod of the

graarians in his regu&ar -riday night sessions of disputation on

6uestions of &aw; M@ The sessions were attended by the graarian

Ahad b; Quhaad an4Nahhas ( d;@@ = CMC ! ; MM The graarian

Qundhir b; Sa0id a&4*a&&uti (HG0@JJ=CYY!9 ahiri urisconsu&t and

6adi of $ordova9 was 8nown as an expert dia&ectician and dis4

putant; MJ Isai& b; a&4[asi a&4*aghdadi ( d;@JY = CYY ! 9 who studied

The *oo8 of Sibawaih under Ibn Kurustawaih9 wrote on the exce&&ence

of the *asrian schoo& of graar over that of the 7uRan schoo&9 and

GM

INST/%$TION

raatica&

Quhaad

/ibahi a&4A:di (d;@J=CYC! he&d a regu&ar session of disputation on

-ridays on The *oo8 of Sibawaih; %p to the tie of a&4A:di9 gra4



arians in $ordova were not fo&&owing the sophisticated ethods of

1astern Is&a in teaching graar; M The *asrian graarian as4

SiraR9 author of a coentary on The *oo8 of Sibawaih9 was a

Qu+ta:i&i theo&ogian9 a "anaR urisconsu&t9 and was 8now&edgeab&e

Qu c ta:i&i9 the graarian

/uani (d;@M=CCM! wrote

and %fu& a&4ada&9 and any

asa+i& genre; MC

)raarians were expected to be fai&iar

uch so that when this 8now&edge was &ac8ing9

& entioned the atter; Thus the graarian

Ahad



8now&edge whatever of the +ancient sciences+; JH This in contrast9 for

instance9 to the graarian Quhaad b; a&4"asan a&4Ahwa&

(_;JH =YM!9 who wrote 7itdb %&u a&4Awd+i& and was a copyist of

Qar:ubani

7itdb a&4Awd"&9 both wor8s dea&ing with the +ancient sciences+;

+ JG

graars fro

consuing interest HG the gra

arians in disputation9 disputed 6uestions and the divergences

between the two great schoo&s of graar9 the *asrian and 7uRan9

and the dierences of opinion aong graarians in genera&; The

ters here are found a&so in wor8s on &aw, asa+i&9 i8hti&af9 8hi&af9



ada&9 usu&; A sap&e &ist of such wor8s fo&&ows, 7itdb a&4 Qasa+i& a&4

8abir by A8hfashZ J I8hti&af an4nahwiyin and 7itdb a&4Qasd+i& by

Tha+&abZ J@ I8hti&af a&4*ariyin wa+&47uRyin by Quhaad b;

Ahad b; 7aisan (d;CC =CG G ! Z JM a&4Qu6n\ + 8hti&df a&4* alriyin wa

+&47uRyin by Ahad b; Quhaad an4NahhasZ JJ 7itdb a&4

I8hti&df by 5%baid A&&ah b; Quhaad a&4A:di (d;@M ICJC! Z JY a%

7hi&af bain an4nahwiyin9 Sharh Qasa+i& a%A8hfash9 a&47hi&df baina

Sibawaih wa +&4Qubarrad:nd a&4Qasd+i& wa "4awdb rain 7itdb Sibawaih9

as we&& as other wor8s9 by ar4/uaniZ J Qasa+i& a&47hi&df R

+n4nahw by 0Abd a&4Qun+i b; Quhaad of )ranada (d;JC=

GHH! Z J a& Qasa+i& a&48hi&dRya R +n4nahw by a&4+%8bari a&4"anba&i

(d9YiY=iiC!Z JC a&4Wa\ +&48hi&6f +and Qasa+i& a%8hi&df R +n4nahw

by "usain b; *adr b; Iya: an4Nahwi (d;YG = G!;

YH

graarian

graarian

deve&opent



graatica& and &ega& studies; Of the fo&&owing Rve wor8s of a&4

Anbari9 a&& but the fourth are extant, YG Adi&&at an4nahw wa +&4ufu&9

III; The Qethodo&ogy of Learning GJ

a&4Ighrdb R ada& a&4i & rdb3 a&4Infd\ asd+i& a&48hi&af bain an4nahwiyin

a&4*asriyin wa "47uRyin9 at4Tan6ihR as&a8 at4tarihR "48hi&df3 and

Lua0 a&4adi&&aRulu& an4nahw; After citing the eight Re&ds that a8e up

the &iterary arts ( 0u&u ad4adab ! 9 Y a&4Anbari said that to these eight

sciences he added two ore which he originated9 nae&y9 the science

of dia&ectic in graar9 and the theory and ethodo&ogy of graar9

corresponding to the sae two Re&ds in &aw9 +for there is an obvious

a\nity between the two sciences9 because graar is a rationa&

science derived fro traditiona& 8now&edge9 as is the case with &awZ

this is a truth 8nown to scho&ars who 8now both Re&ds J ; Y@

-ro the foregoing pages9 it is c&ear that graarians practised

disputation fro an ear&y period in Is&a9 and continued to do so9

witness the stateent of a&4Anbari showing the a\nity between the

ethodo&ogies of graatica& and &ega& studies; A good nuber of

graarians were attracted to Qu0ta:i&is in theo&ogy9 were of a

rationa&ist bent9 8now&edgeab&e in the Re&d of &ogic and the other

branches of the +foreign sciences+; Neverthe&ess9 graarians

fo&&owed the exap&e of the urisconsu&ts in deve&oping a ethodo&ogy

for graatica& studies9 ode&&ed on those deve&oped in &ega& studies9

which exp&ains the deve&opent of the ta0&i6a in graar; A reputed



ta0&i6a on graar was that of Abu J G4"asan b; *abshadh (d;MYC=

GH !9 a wor8 which the author had &eft in draft for; It was said that

if he had ade a fair copy of it9 it wou&d have coe to Rfteen bound

vo&ues; The graarians dubbed it Ta"i6 a&4ghurfa9 The Ta"i6 of

the %pper /oo9 where the author used to wor8 on it in sec&usion; This

ta+&i6a was passed on down through a &ine of three generations of

discip&es9 each passing it on to the other; No students were a&&owed

to copy it; YM

The graarian ahir ad4Kin a&47inani (d;YY = GC! was said

by his friend and c&assate9 the historian Abu Shaa9 to have been a

sahib9 fe&&ow9 of their professor who he accopanied to 1gypt and

Syria; "e continued to +report+ and wor8 under his professor+s direc4

tion in both &aw and e Arabiya unti& the &atter+s death9 reporting +any

things that no one e&se has+ i>a&&a6a 0anhu ashyd+a 8athiratan &a

yifa&&i6ha ahad!; Abu Shaa prided hise&f on the possession of this

exc&usive reporting9 in the autograph of his friend; YJ

! 7a&a

*y the &atter part of the fourth = tenth century9 the ta c &i6a was so

successfu& in &ega& studies that the Qu+ta:i&i phi&osophica& theo&ogians

were desirous of adopting it for the teaching of 8a&a; Their bio4

grapher Ibn a&4Qurtada (d;MH = GM@ ! YY re&ated that +the chief 6adi

c Abd a&4?abbar d;MGJ = GHM was as8ed to copose a wor8 of theo4

&ogica& opinions on 8a&a fatawa +G48a&a which cou&d be read

yu6ra J 9 that is9 recited fro eory9 studied9 and reported

yu+a&&a69 ust as is done in the Re&d of &aw R6h+; Y [adi 0Abd a&4



GY

?abbar

INST/%$TION

Qa

Qug;ni and dtr %ad9 ost &i8e&y with [9adi

a&4?abbar in ind; Y The anecdote shows c&ear&y that the ta h6a

was the resu&t of a ethod of teaching pecu&iar to the urisconsu&ts9 a

ethod which dea&t with fatawa9 &ega& opinions9 and which was so

successfu& a textboo8 that it appea&ed to the phi&osophica& theo4

&ogians; 'erhaps otherwise occupied at the tie9 0Abd a&4?abbar

passed the re6uest on to his discip&e Abu /ashid Sa+id b; Quhaad

an4Nisaburi9 who9 in answer to the re6uest9 was said to have co4

posed a ta+&i6a entit&ed Kiwan a&4usu&; 0 C



@! Qedicine

So pervasive was the teaching ethod of the urisconsu&ts that not

on&y was it introduced in graar and 8a&a but a&so in edicine9

as can be seen in the wor8 of the urisconsu&t and physician a&4Lubudi

(d;YH= G! entit&ed Tad6i6 a&4abdhith at4tibbiya ft tah6i6 a%

8hi&aRya 7 a&a tari6 asd+i& 8hi&af a&4fu6ahd+ ( +The Qinute

1xai

[uestions9 -o&&owing the Qethod of Kisputed [i

a



its adoption in other Re&ds; A&& indications point to the &atter part of the

for

deve&opent of the adras

asid was tne on&y co&&ege syste in which &aw was taught; It was the

period in which the Sunni adhabs were going into that process of

conso&idation which gradua&&y reduced their nuber to four9 a

G

of the advocate;

g; The Ta+&i6a and the Teaching of Law



aten

aster

ateria&

&tiate

the 5

opponents; "e obtained this ateria& by ta8ing notes fr5

&ectures of his aster as we&& as fro boo8s; "e had to have an intiate

8now&edge of this ateria&9 ready to be 6ui::ed by his aster on any

or a&& of it9 before passing into the &ast phase of his &ega& studies9 +the

c&ass of urisprudence+9 taba6at a&4ifta09 where he apprenticed for the

issuing of &ega& opinions;



-or the aster faaih9 the ta+&i6a was a record of disputed 6uestions

fro

ateria& and the ethod to dea& with it; If the ateri

ethod were his own9 the ta+&i6a served as a record fro

G

III; The Qethodo&ogy of Learning G

&ater wrote his deRnitive wor89 a sua on usu& a&4R6h9 the theory

and ethodo&ogy of &aw; It is noteworthy that such wor8s were

nora&&y written in the &ater years of a aster urisconsu&t as a pro4

fessor of &aw, it was the cu&ination of his careen

)ha::a&i+s &ega& career aords us an i&&ustration of this deve&op4

ent; "e studied &aw under the urisconsu&t4theo&ogian Ia a&4

"araain a&4?uwaini in Nishapur; )ha::a&i produced a taii6a under



his aster; *iographers re&ated that the aster ?uwaini9 on reading it9

exc&aied, +Dou have buried e a&iveP $ou&d you not have waited

ti&& I was dead P+ 4 eaning that )ha::a&i+s tc_i6a ec&ipsed his own;

As the editor points out in his introduction9 )ha::a&i+s wor8 shows

that he disagreed with the aster on severa& points; This fact wou&d

ustify the rear8s of the aster9 ust 6uoted9 whether or not they

were actua&&y ade; )ha::a&i te&&s us at the end of his wor8 how he

dea&t with the aster+s ta+&i6a; The very tit&e of )ha::a&i+s ta+&i6a

te&&s that it is a sifting9 a; resue9 a report9 a carefu& rewor8ing of the notes

of his professor9 extracting fro the what he considered as the ost

essentia&9 and rearranging the ateria& to faci&itate its use; The resu&t

was an obvious iproveent on the ode&;

Later on in his career9 )ha::a&i wrote a uridica& sua which he

entit&ed a&4Qustasfa in 7 i& a&4uRi&9 reca&&ing the wor8 of his youth9

a&4Qan8hu& in 7 i& a&4ufu&; The ter a&4ustalfd9 The Se&ected9 being

synonyous with a&4Qan8hu&9 The Sifted9 is derived fro the verb

istatfd9 eaning to ta8e the best9 or choice part of soething; )ha::a&i

wrote the Qan8hu& soetie before M = GHJ9 the year of death of

his aster9 ?uwaini; It was the wor8 of his youth9 the very Rrst he

coposed as a graduate &aw student; "is ta+&i6a9 written fro the &aw

course of his forer professor Abu Nasr a&4Isa+i&i (d;MHJ = GH GM! in

?uran9 reained ost &i8e&y in the for of notes; On the other hand9

he Rnished writing the Qusiasfa on the Yth of Quharra JH@ (J

August G GHC!; "e died two years &ater; @

With the Qan8hu& )ha::a&i cou&d begin teaching &aw; "is bio4

graphers said that c he taught &aw in the &ifetie of his aster+

(darrasa _ hayati shai8hih!; M *iographers considered such a piece

of inforation to be of iportance; ?uwaini+s cry9 +Dou have buried



e a&iveP $ou&d you not have waited ti&& I was deadP+ J sees to

ip&y both adiration and pride on the part of the professor for his

discip&e9 but a&so a hint of apprehension; The &icensing of a discip&e to

teach in one+s &ifetie carried with it a ris8 and a threat , the ris8 of a

discip&e+s perforance turning out not to be a source of pride9 and the

threat that the discip&e wou&d not ere&y be a success as a urisconsu&t9

but becoe an adversary in the arena of disputations9 and issue &ega&

opinions contesting those of the aster; To prec&ude such a threat9 a

professor hired his best discip&e as his assistant who +repeated+ the

aster+s &esson9 with the tit&e of +repetitor+ ( u c id ! ; When the discip&e

G

INST/%$TION

was not as iinent

Q

Q



Ai

becoe

ufti

becoe a udarris

Qastering

ufti as we&& as that of udarris

Kuring this stage he was a sahib9 fe&&ow of the professor of &aw; At the

end of this stage9 he aspired to riyasa9 &eadership9 in his Re&d; The

fo&&owing pages dea& with these two fundaenta& concepts of Is&aic

education9 suhba and riyasa;

i ! Suhba



Is&a

Is&a

copanion

ties

Is&a itse&f9 the institution of fe&&owship antedates the co&&ege syste

in Is&a; The re&ationship between aster and discip&e supersedes in

iportance the &oca&e where the teaching too8 p&ace, the aster+s

hoe9 the aster+s shop9 soe erchant+s shop9 a hoste&9 a hospita&9

the outdoors 4 the &oca&es changed with the changing

aster4discip&e re&ationship reained;

Without the institution of the suhba it wou&d be di\cu&t to under4

stand how the educationa& activity was carried on in the ear&y period;

One wou&d be at a &oss to exp&ain how the seeing&y hapha:ard choice

of &oca&es cou&d account for the pro&iRc production of wor8s in a great



raar

&ogy9 poetry and be&&ettristic prose9 7oranic

eory and ethodo&ogy9 ysticis9 theo&ogy9

of others;

aster

copanions

in a co&&ege of &aw9 whether the asid or the adrasa9 the sahib was

the student who had Rnished his basic course of &aw and; had begun

graduate training by adhering to one particu&ar aster on a steady

basis; Whence the verbs denoting this constancy9 derived fro the

radica&s of the ter sahib9 shb Z Y nae&y9 sahiba ( -or i of the verb ! 9

and fdhaba (-or in! , and other synonyous verbs9 such as &a:ia



(-or i!; &a:aa ( -or GGO9 and ittaba+a (-or v of tb c !; 4 a&&

aster

these&ves

tion;

So constant and exc&usive was this re&ationship that one often

aster

III; The Qethodo&ogy of Learning G C

the discip&e proud to c&ai inte&&ectua& descendency fro the great

scho&ar9 the aster proud of having produced a scho&ar of 6ua&ity;

When *a&8hi+s (d;@GC=C@G! discip&e9 Abu +G4"usain a&47haiyat

(d;c; end @rd =Cth c;!9 wanted to pay a visit to Abu EA&i a&4 ?ubba+i9



*a&8hi p&eaded with the discip&e not to do so9 for fear that he ight

&ater be designated the discip&e of ?ubba+i; *a&8hi ade his p&ea +in

the nae of the fe&&owship+ existing between the;

The copanions of the 'rophet were his constant fe&&ows; They

wou&d carry on his teachings after hi9 and disseinate the; They

were the Rrst u&aa9 the Rrst &earned en of Is&a; They were his

spiritua& heirs9 as were those who wou&d coe after the9 and so on9

down through the centuries9 each generation deriving its authority

u&tiate&y fro the 'rophet9 through the transission of the genera4

tions preceding it; They were9 in the words of the hadith9 +the heirs of

the 'rophets J , a&4 c u&aa+ warathatu +G4anbiya9 +en of re&igious

&earning are the heirs of the prophets+;

The Rrst corpus of re&igious &earning9 after the 7oran9 were the

hadiths; The ter suhba was natura&&y associated with the trans4

ission of the corpus of hadiths Z but it was soon borrowed by the

other Re&ds9 such as SuRs9 graar and &aw;

Qus&i education was born with the 'rophet+s ission9 and that

ost basic and enduring institution which he initiated in Is&a9 the

suhba9 served for the transission of his sunna9 was deve&oped9 and

went on to serve other Re&ds; *ut this institution cannot9 by itse&f9

exp&ain the great achieveents in scho&ar&y production which too8

p&ace before the advent of the co&&ege; A&ong with the institution of the

suhba9 consideration ust a&so be given to the institution of riyasa9

the fruits of which provided the incentive and otivation for rising to

the heights of achieveent;

! /iyasa



The doctora& degree is universa&&y considered as a certiRcate 6ua&ify4

ing its ho&der for a teaching post in a university; It is a product

pecu&iar to the university syste which originated and deve&oped in

the $hristian West; *efore the advent of the university9 the degree was

non4existent; It becae so iportant in the university syste that

a&& universities9 inc&uding Oxford9 C app&ied to 'ope or 1peror to

be granted the authority to confer the degree of &icentia ubi6ue

docendi9 the &icence to teach anywhereZ this9 in spite of the fact that

universities such as 'aris and Oxford were considered to possess this

authority through custo ( ex consuetudine ! 9 being aong the o&dest

9

universities;

Is&a9 the university did not exist unti& odern ties9 wh(

!orrowed in the nineteenth centurv fro the West; With

cae



West9 did not exist; Neverthe&ess9 Is&a

I@ o INST/%$TION

syste whereby the Rtness of a candidate to teach cou&d be deter4

ined; This syste is to be found in the institution of riyasa;

A ra+is9 +&eader+9 +chief9 a&so referred to as ra+s9 +head+9 was the top

an9 the Rrst an9 in a given Re&d of endeavour; The iagery

ep&oyed in reference to hi was one of oveent upward9 reaching

for the heights9 or forward9 outstripping a&& others9 as in 4a race; "e

was9 in re&ation to others9 as the head ( ra+s ! is to the body9 upperost

(ra+is! Z or he was one who outdistanced a&& others9 who was ahead of

the9 out in front; The etaphors i&&ustrating this iagery were

abundant9 aong the the fo&&owing, 8ana iaan &a yusha66u

ghubaruhZ &itera&&y, he was a &eader whose dust cou&d not be

"e

tie

where he was9 the dust had a&ready sett&ed; "e so outdistanced the



that they cou&d not 8eep up with the dust raised by his hoofs9 &et a&one

8eep up with hi;

The ters used in this regard were a&so i&&ustrative of this iagery;

soe of the notions one eets

in fuhu&i +G4una:irin

8ana ian aniaba R

+G4R6hi &i4dha8a+ih (he was aong those who exhibited thoroughbred

6ua&ities in &aw because of his 8een inte&&igence!Z (! the notion of

exce&&ence, bara+a R +G4R6h (he exce&&ed his copanions in the 8now4

&edge of &aw! Z fa6a R +n4na:ar (he surpassed his copanions in dis4

putation!Z (@! the notion of Rrst p&ace,

uaaddaraan

+G4R6hi wa +G4hadith ( he was put in Rrst p&ace in the 8now&edge of &aw



eanin

co

aster

ssued

wou&d be open to cha&&engeZ (M! the notion of superiority and &eader4

ship, Shai8h a&4*asra (the )rand Qaster of *asra!9 Air a&4

Qu+inin R J &4hadith (the $oander of the -aithfu& in the 8now4

&edge of hadith!9 8ana ra+san R +&4+arabiya wa4+sh4shi+r (he was the

&eader9 the &eading scho&ar9 in the Arabic &inguistic arts and in poetry ! 9



:aa

Qa&i8 &a vu6addiu

G oecause

Qa&i8 E

f Qa&i8

(Y! the notion of swiftness in the attac8, Ibn Surai (d;@HY=CG! was

na

va&our on the batt&eRe&d , Abu Isha6 ash4Shira:i was described by Ibn



una:ara

+cheva&ier de &a dia&ecti6ue+9 the sobri6uet of Abe&ard d;GGM!Z

III; The Qethodo&ogy of Learning G @ G

(! the notion of uni6ueness, tawahhada R J &4R6h wa+G4ada& (he was

a&one in the 8now&edge of &aw and dia&ectic!Z 8ana nasia wahdih

(he was a an sui generis9 &itera&&y, he was weaved fro the c&oth of

his own uni6ueness! Z 8ana 6ati B a4 J n4nu:ara J (he was the annihi&ator

of those who wou&d be his e6ua&s! Z 8ana +adia +n4na:iri R a c rifati

J &4ada& (he &ac8ed his &i8es in the 8now&edge of dia&ectic! Z and so on;

The concept of riyasa and aspiration to it predates the Rne art of

disputationZ but with the &atter+s deve&opent no one cou&d c&ai

riyasa without astering the new art; Abu 0Abd A&&ah a&4A:di

(d;@J =CYc!! of $ordova is cited as the graarian who brought the

scho&astic ethod of disputation fro the Qus&i 1ast to Anda&usia

where this sophisticated ethod was un8nown; "is biographer

ubaidi said of hi that he &aid out the ethod of disputation for his

Anda&usian co&&eagues9 exp&aining to the how the 1astern experts

reRned the art in a&& its aspects9 treating9 in an exhaustive anner9 a&&

of its princip&es9 and that it was in this way that its chapions becae

entit&ed to the ran8 of riyasa; H

The scho&astic ethod of disputation deve&oped in *aghdad9 and



fro there went on9 not on&y to Spain in Western Is&a9 but a&so to

other parts of 1astern Is&a; Abu +Abd A&&ah ath4Tha6aR (d;@=

CMH! of Nishapur is cited as the urisconsu&t who had brought the

art of disputation fro *aghdad to Nishapur where it had been

un8nown before hi; G

The aspirant to riyasa arrived at his goa& by a series of contests in the

art of disputation; "e had consistent&y to win against a&& cha&&engers;

"e becae a ra+is in an actua& contest9 or by defau&t9 eaning that

cha&&engers were &ac8ing9 or had conceded; One often coes across

the stateent that such4and4such a person was the &eading uris4

consu&t of his schoo& of &aw9 and that his position as its &eading scho&ar

was conceded by the ebers of that schoo&, 8ana fa6&han 0a&ian

bi4adhhabi -u&an9 ra+san _h9 yusa&&iu &ahu dha&i8a ai+u

ashabih (he was a urisconsu&t who 8new the &ega& doctrine of

So4and4So9 a &eading scho&ar therein9 which topost position was

conceded by a&& of his fe&&ow4urisconsu&ts!;

To get to the top9 the aspirant had to wor8 &ong and hard; The &ess

otivated trying to see8 it by short cuts9 were warned of such fo&&y9

(eter, tawi&! ,

Taannaita an tusa fa6&han una:iran9

*i4ghairi +ana+inZ fa +G4ununu fununu;

-a4&aisa +8tisabu J &4a&i duna asha66atin

Ta&a66aitahaZ fa +&40i&u 8aifa ya8unuB



(A urisconsu&t4disputant you wished to be ca&&ed =Sans eortP

Oh -o&&y9 of any sorts thou artP =)aining riches does not coe

without giving of yourse&f Z= With what ore of yourse&f9 for

8now&edge9 ust you partP!

G@

INST/%$TION

After eeting his cha&&engers and reducing the to si&ence9 the

aspirant cou&d reach what he thought to be the heights on&y to Rnd

sae

for a share of the topost position; "ere the terino&ogy is 6uite

c&ear, ushara8a9 eaning that the sae position9 the sae &eve&

of 8now&edge9 was shared by another9 a &eve& that was not topost;



*iographica& notices often described an inte&&ectua& as bri&&iant in a

ven Re&d and hano a share in "ahu ushara8atun R! one or ore

of who

topost

&eave for another town where he cou&d achieve independent &eader4

terin

topost

up with hi!; This cou&d ean that the forer &eader had died9 or

that he had withdrawn fro the position9 or that a riva& had given up

the strugg&e9 and so on; Soe attained &eadership by out&iving their

riva&s, +asha hatta sara ra+isa +sh4ShaR0iya (he &ived &ong enough to

becoe the &eader of the ShaR+i urisconsu&ts!Z @ wa4+tadda



+uruhu fa +ntaha i&aihi +i&u J n4nahw ( his &ifespan was a &ong one9 so

raar ended up with hi

M

That riyasa cou&d be abso&ute or re&ative is i&&ustrated by the notion

of prius inter pares9 as can be seen in the fo&&owing tit&es , air a&4

uara+ (princes of princes9 prie prince! Z a&i8 a&4u&u8 (8ing of

8ings!Z su&tan as4sa&atin (su&tan of su&tans!Z shai8h ash4shuyu8h

(aster of asters! Z 6adi +G46adat (udge of udges! Z +a&i a&4+u&aa+

(savant of savants!Z fa6ih a&4fu6aha+ (urisconsu&t of urisconsu&ts!9

and so on9 in every conceivab&e Re&d of endeavour9 inc&uding the

notion itse&f of top an9 ra+is ar4ru+asa+ ( topost aong top en ! ; J

If one cou&d not achieve riyasa in one p&ace one cou&d attept it at

another; -or instance9 when ufar (d;GJ=J! disputed with Abu

Dusuf9 and consistent&y he&d the upper hand9 Abu "anifa advised

tata



i

an

a8e it here with this an around; Try soewhere

e&se;

+Y

/ecords were 8ept at dierent interva&s as to who was the ra+is in a

given Re&dZ for instance9 Sufyan ath4Thauri had achieved the top

position in hadith9 whi&e Abu "anifa had it in 6iyas9 and 7isa+i in the

7oran9 and so on; Khahabi gives a &ist of those who were the &eaders

in their respective Re&ds at the beginning of the Rfth = e&eventh century ,

Qu+ta:i&isZ ash4Shai8h a&4Qu6tad



[adi c Abd a&4?abb

Quhaad b; a&4"aida9 head of the 7arraisZ Qahud

Sabu8ta8in; head of the Qa&i8s; and so on; To this &ist9 as4SuE

I&&9 The Qethodo&ogy of Learning G @@

added others9 aong who a&4"a8i9 as head of the heretics (ra+s

a:4anadi6a!9 and a&4[adir as the greatest &earned an (0a&i!

aong the ca&iphs;

1ducation in Is&a retained its persona&ist character9 the suhba

re&ationship between aster and discip&e; -acu&ties of asters were

a&ien to a syste that had not deve&oped the university; As there were



no facu&ties9 there were no degrees in the western sense of the ter; A

Qus&i scho&ar9 un&i8e his western counterpart9 cou&d not hope for

the tie when he cou&d receive the doctora& degree and thus coe to

the end of his strugg&e to the top; "e had to prove hise&f at every

turn; To have a successfu& acadeic career9 he had Rrst to rise to the

top9 and then to aintain his position there; "is situation was sii&ar

to the gunan in the Aerican R&s ca&&ed +Westerns+ who was a

target for a&& newcoers aspiring to his positionZ or to the chapion

boxer9 who was to defend his tit&e against a&& contenders; And this he

did in the arena of disputation;

b; /egu&ar Sessions of Lega& Kisputation

Kisputations were he&d in the ca&ipha& court of "arun ar4/ashid; C

It was there that Qa&i8 used to ca&& on his discip&e c %than b; c Isa b;

7inana (d;GG =C! to engage Abu Dusuf in disputations; %pon

Qa&i8+s death9 +%than succeeded to the chair of his studv4circ&e; CH

A&4"usain b; Isai& ad4Kabbi a&4Qahai&i (d;@@H=CM!9 a

uhaddith and urisconsu&t who he&d the 6adiship of 7ufa for sixty

years9 was said to have instituted in his hoe regu&ar sessions of dis4

putation in &aw for a period of sixty years9 fro H=@ to @@H=CM9

during which period these sessions were fre6uented by urisconsu&ts on

a steady basis; CG

The wa:ir 0A&i b; 0Isa (d;@MM=CJY! provided for regu&ar sessions

of disputation in his court (a&is an4na:ar &i4 e A&i b; 0Isa a&4Wa:ir!9

in the idd&e of the fourth =tenth century; The fo&&owing anecdote

a&&ows a g&ipse of the forat and purpose of one of the sessions; A

woan cae cop&aining to the wa:ir one day about the o\cia& in

charge of decedents+ estates (sahib at4tara8at!; It happened to be the



day on which sessions of disputation were being he&d; When the two

opposing teas of urisconsu&ts appeared for the disputation (fa4

&aa itaa>a fu6aha+u J &4fari6ain!9 that is9 the advocates for the

two sides of the theses to be disputed9 the wa:ir as8ed the to conduct

their disputation on the 6uestion of appointing as heirs re&atives fro

the aterna& side of the decedent (taurith dhawi J &4arha!; C

The Qa&i8i 6adi Abu Tahir adh4Khuh&i (d;@Y=C! instituted

regu&ar sessions of disputation fre6uented by urisconsu&ts9 in which he

acted as ediator between the two contending sides; C@ Tanu8hi+s

father (d; @M= CCM! a&so had such regu&ar sessions where contending

urisconsu&ts et for disputation; CM Abu Qansur b; Sa&ihan (d;MGY =

GHJ!9 the wa:ir of the two *uwaihids +Adud ad4Kau&a and his

G@M

INST/%$TION

brother *aha+ ad4Kau&a9 he&d regu&ar sessions between contending

disputants as part of his patronage of re&igious doctors and &iterary

en; CJ The "anaR urisconsu&t Abu ?aTar as4Sianani (d;MMM=



hoe

nora&&y adhered to Qu+ta:i&is Z but Sianani

oveents

aris; CY The "anba&i

?aTar ran regu&ar sessions of disputation in his asid on Karb a&4

Qatba8h (7itchen /oad! in *aghdad; The ShaR+i urisconsu&t9

aon

Aon

?



regu&ar&y against Abu *a8r ar4/a:i (d;@H =CG ! Z C both were

"anaRs

Surai and the ahiri Abu *a8r b; Kawud (d;C =CGH!9 CC as it was

between the ShaR+i a&47iya a&4"arrasi ( d;JHM = G G G ! and the "anba&i

Ibn 5A6i&; @HH

any

tenders; Abu *a8r b; Kawud cop&ained one day to his adversary Ibn

Surai who was conducting the disputation at a swift pace, +)ive e

tie to catch y breath+ (ab&i+ni ri6i9 &itera&&y, +Let e swa&&ow y

sa&iva+ ! Z to which Ibn Surai rep&ied , +Dou have y &eave to swa&&ow

the Tigris+9 that is9 ta8e a&& the tie you wantP On another occasion9



sae

doosd

fro

oent

/esurrectionP+ There is a p&ay here on the word sa c a;

oent

0 0 X =



Kisputations such as these drew &arge crowds of spectators; They

red cereonia

the period of condo&ence fo&&owing the funera& of a aster4urisconsu&t9

three sessions of disputation ta8ing p&ace usua&&y on three consecutive

days9 @H@ the disputations being engaged in by the new incubent to

the professoria& chair; @HM On a&& these occasions urisconsu&ts of great9

o

fro sunset to idnight; @HY

c; Tactics9 Vio&ence and /ecurrent Inunctions

*iographica& &iterature has preserved soe anecdotes on the esting

and +dirty tric8s+ that too8 p&ace in the course of disputations; One of

the recoendations given by authors of boo8s on dia&ectic and the

art of disputation was that the answerer shou&d a8e sure that the

6uestion posed by the 6uestioner shou&d be straightforward9 other4



i

stands; Such a trap is i&&ustrated in the fo&&owing anecdote re&ated by

III; The Qethodo&ogy of Learning G @J

Da6ut; 7aisan once as8ed 7ha&af a&4Ahar (d;GH=CY!, +Was a&4

Qu8habba& a poet9 or was he of the tribe of KabbaB+ This was an

insu&t to the tribe of Kabba9 since the ip&ication was that they pro4

duced no poets9 at a tie when tribes prided these&ves on the

exce&&ence of their poets9 who were their pub&icists and the chronic&ers

of their batt&es and Rghting prowess; An answer to the 6uestion as it

stands wou&d conRr the insu&t whether the answer a\red or denied

either part of the disunction; 7ha&af9 not fa&&ing into the trap9 rep&ied ,

+Straighten out your 6uestion9 foo&9 that I ay give you an answer to

Rt itP J@H

It often happened in a disputation that a disputant9 unab&e to sub4

due his opponent9 resorted to ridicu&e or downright inso&ence; +A&i

an4Nashi ? (d;@YJ Ig0Y! C an aateur of o8es and ests9 had a particu4

&ar&y deve&oped sense of huour9 and did not hesitate to go to extrees

to ridicu&e and ebarrass his opponent; An anecdote has it that he

was once engaged in a disputation with a&4Ash+ari9 epony of the

Ash+ari theo&ogica& oveent; The disputation was in progress when9



for no reason at a&&9 he s&apped a&4Ash+ari+s face; Ta8en abac89

Ash+ari deanded the reason for his opponent+s unprofessiona& con4

duct; Nashi+ said, +that is )od+s doing9 why get angry with eB+

*eside hise&f9 Ash+ari exc&aied, Tt is your doing a&one9 and it is

bad conduct exceeding the bounds of decency in a disputationP+

Whereupon Nashi+ rep&ied triuphant&y, +Dou have contradicted

yourse&fP If you persist in your doctrine (regarding responsibi&ity for

huan acts!9 then the s&ap was )od+s doingZ but if you have shifted

fro your position9 then exact the e6uiva&ent (by s&apping e in

return! P+ Whereupon the audience bro8e o in pea&s of &aughterZ @H

Nashi+ had ade his point that huans are responsib&e for huan

acts;

uch a edieva& Qus&i Kas tie

ing anecdote i&&ustrates9 the c&everness of a cunning disputant in

winning the atch against a straightforward OKKonent; The atch

of 7hu:istan



or

theo&ogy

GH

u&aa and &aven

spo8e in an obscure and far4fetched c&assica& Arabic; The audience

was preponderant&y in his favour when his opponent9 fai&ing to under4

ade a very

atch was arranged between hi



and another opponent who9 being on to his tric8s9 was prepared to

pay hi bac8 with his own coin; The disputation ended in his disgrace

in the eyes of the audience9 who then spread the story far and wide9

a8ing it a topic of conversation in the ar8etp&aces and on cere4

G@Y

onia&

INST/%$TION

@HC

The fo&&owing anecdote i&&ustrates the need to 8eep the disputation

oving at a regu&ar pace9 to avoid naving

"ia&ncriie into a so&i&oouv; The faous Ash



&ongwindedness

After

Sa+id a&4"aruni9 he turned to the audience and announced , *e y

witnesses that if y opponent ere&y repeats what I have said9 and

nothing e&se9 I wi&& not deand an answer of hi P+ ( that is9 T wi&& not

advance any other obections9 but wi&& concede the disputation in his

favourP+!; Whereupon a&4"aruni retorted, +/ather be y witnesses

that if y opponent repeats his own words9 = wi&& be the one to

concedeP J@GH

*ecause of the contention inherent in disputations9 they often &ed

to a&tercations9 and soeties to vio&ence and b&oodshed; A rash an

ca&&ed -ityan9 urisconsu&t of the Qa&i8i Schoo& of &aw in 1gypt9

engaged fre6uent&y in disputations with ShaR c i in the presence of

&arge audiences; On one occasion9 when ShaR+i had the upper hand

in the disputation9 -ityan9 unab&e to bear the thought of defeat9 began

hi



Soeone

for cursing ShaR+i9 a descendant of the 'rophet9 and witnesses testiRed

to this eect; -ityan was beaten9 put on a cae& and paraded in pub4

&ic9 whi&e a crier proc&aied that such was the punishent of those

who curse the 'rophet+s descendants; -o&&owing this9 a band of

-ityan+s supporters waited outside of ShaRTs study4circ&e unti& his

discip&es had &eft9 then attac8ed and beat hi; $arried to his hoe9

ShaR+i was bed4ridden unti& he died as a resu&t of the b&ows he had

received; @GG

Kisputations often degenerated into 6uarre&s; One runs across

stateents to this eect, +There were disputations between the on

the subect of &aw which &ed to feuding+ (8anat bainahu una:a4

ratun R +G4furu+i addat i&& +G48hisa!; @G The idea& disputant was one

who had the courage to stand up to his opponent9 but who cou&d

hi

7atib



GHH! , +"e is &i8e _int 4 coo& on the outside9 but Rre withinP+ (huwa

8a +:4:inad 4 :ahiruhu barid9 wa4batinuhu Rhi nar P @G@ Now and then

atters wou&d coe to such a pass that pub&ic disputations wou&d be

prohibited; As ear&y as C=C9 the ca&iph issued a decree proc&ai4

ing throughout the city of *aghdad that preachers and astro&ogers

were to be banned fro the streets9 and boo8se&&ers to be adinistered

fro se&&ing boo8s on phi&osophy9 8a&a

dia&ectic; @GM

-ive years &ater9 in M=C9 the ca&iph again exhorted the peop&e

III; The Qethodo&ogy of Learning G@

to forsa8e their :ea&ous partisanship; "e prohibited preachers fro

preaching in the Qos6ues and on the pub&ic roads9 the boo8se&&ers

fro p&ying their trade in pub&ic s6uares9 and the &eaders of study4

circ&es for fatwas in the Qos6ues and others fro conducting their

disputations; "e issued a decree prohibiting asseb&ies of any 8ind9

announcing that those who asseb&ed to ho&d disputations wou&d be



@GJ

&iab&e to punishent by _ogging;

Quch &ater9 in MH = GH G9 the ca&iph a&4[adir exacted retractions

fro the Qu c ta:i&i "anaR urisconsu&ts in which they abured their

Qu+ta:i&is; "e then prohibited the fro discussing9 teaching9 or

ho&ding disputations on Qu0ta:i&is9 /aRdis9 or any other doctrines

contrary to the tenets of Sunni Is&a; They signed their retractions

to this eect under pain of exep&ary punishent; Outside *aghdad9

the )ha:nawid Qahud b; Sabu8ta8in carried out the inunctions

of the ca&iph in the territories under his coand; @GY

The 6adi of Kaascus9 Quhyi +d4Kin a&4[urashi (d;JC=GH!

prohibited the study of boo8s on &ogic and dia&ectic; At the Ta6awiya

$o&&ege where he was professor9 he re6uired his &aw students to hand

over the boo8s they possessed on these subects Z then9 in the presence

of the who&e student body9 had these boo8s torn to shreds; @G

These inunctions were not conRned to the &ands of the eastern

ca&iphate; The A&ohad a&4Qansur of North Africa and Spain

( reign , JH4CJ = G G M4CC ! was intent upon putting an end to &iterature

on &ogic and phi&osophy in the &ands under his sway; "e ordered

that boo8s on these subects be burned9 and he prohibited their study

whether in pub&ic or in private9 threatening capita& punishent for

those found studying the or in possession of the; @G As &ate as the



year YY = GC9 a&4Qa&i8 a&4Ashraf (su&tanate, YY4@J=G4@!9 on

coing to power in Kaascus9 issued a proc&aation prohibiting

urisconsu&ts fro studying anything but hadith9 7oranic exegesis

and &aw; "e a&so ade c&ear that anyone studying &ogic and other

+foreign sciences J wou&d be banned fro the city; @GC

The poet Ahad a&4Isfahani9 aong others9 coposed poetry in

condenation of urisconsu&ts who wou&d give up the &ega& science of

ShaR+i and Qa&i89 to rep&ace it with the phi&osophy of 'roc&us ,

-ara6ta >i&a +sh4ShaR c iyi wa4Qa&i8in Z

Wa4shara c ta R +G4Is&ai ra+ya /u6u&&usi;

Wa4ara8a R dini +&4aa0ati :ahidan9

Tarnu i&aihi bi4ai&i tarR J &4ashrasi;

( The &earning of ShaR+i and Qa&i8 you+ve forsa8en Z = and 'roc&us

you brought to Is&a for innovation; =The $ounity+s be&iefs9

I see9 you can+t abide9 = giving the the eye of inte&&ectua&

pride;! @ ^

Other verses are often cited indicating which subects to study and

which to shun; Verses attributed to ShaR+i advocate studying the

"



G@

INST/%$TION

7oran and hadith9 sybo&ic of the Is&aic

a

"anba&i a&47haiy

(d;JMG = G GMY!9 advocate R6h9 graar and hadith9 sybo&ica&&y the

Is&aic sciences and their anci&&aries9 but warn against 8a&a9 phi&o4

sophica& theo&ogy9 because it is heresy 4 one that wou&d tear open ( in

its practitioner+s re&igious faith! a ho&e so wide as to be beyond the

patcher+s repair ( thua +G48a&au fa4dharhu fahwa :anda6atun =

wa48har6uhu fahwa 8har6un &aisa yarta6i+u ! ; @

The In6uisition of the Rrst ha&f of the third = ninth century9 in which

Sunni &eaders were _ogged9 soe to their death9 for not espousing the



Qu+ta:i&i doctrine of the created character of the 7oran9 brought on

the resurgence of traditiona&ist Sunnis in Is&a; Qanifestations such

as those cited above were the resu&t of the traditiona&ist reaction to the

is; @@

The tension between traditiona&is and rationa&is is i&&ustrated in

the verses of the poet Abu VA&a+ a&4Qa c arri (d;MMC = GHJ!9 of which

there are two versions9 one favouring a rationa&ist interpretation9 and

the other9 a traditiona&ist one9 both of which versions have one verse in

coon

an

hatta a6a&u8a +rabbi wahidun ahadu+

Wa46ad uirna bi4R8rin _ badaT ihi

fa4in tafa88ara Rh& a+sharun &ahadu

Lau4&a +t4tanafusu R +d4dunya &a4a wudi+at



7utubu +t4tana:uri &a +G4Qughni wa4&a +&4+%adu9

(In a&& you do you fo&&ow soe tradition9 =1ven when you say

+Qy Lord is One9 %ni6ue J ; =*ut "e+s ordered us to re_ect on "is

creation9 =Det when we do we+re dubbed as heretic; =Save for

natura& riva&ry9 there wou&d not be =Such boo8s of disputation as

Qugh

@M

The second version begins with the &ast &ine of the Rrst version; It is

given here with the trans&ation of Nicho&son,

Lau4&a +t4tanafusu R+ d4dunya &a4a wudi+at

Q

[ad ba&aghu R 8a&ain



&a

Wa

Dastanbituna 6iyasan a &ahu aadu

-a4dharhuu wa4dunyahu fa46ad shughi&ii

*iha wa4ya8R8a inha a&4[adiru +s4Saad

coposed 4 Qugh or ( %ad

en

nec8 high =In disputation9 reared on base&essness =A da::&ing

onuent of ere



III; The Qethodo&ogy of Learning G@C

iss

e

@

a&&4sustaining Lord P !

The Rrst version is obvious&y rationa&ist in sentient9 and the

second traditiona&ist; In the Rrst version9 second verse9 Qa+arri a8es

it 6uite c&ear that a&though be&ievers were ordered (by the 7oran!

to a8e use of their reason9 when any groups of the do so9 they are

he&d as heretica&; The &ast &ine of the Rrst version is understood as

eaning



co

without it; In the second version9 this sae verse is given a dierent

twist, there is riva&ry aong en9 and we have the boo8s on dis4

putation as a resu&tZ but it has gotten out4of4hand9 it has gone a&&

too farZ disputation has run aoc8 throughout the &and; *ut &et

those &ost sou&s p&y their trade9 that is dia&ectic and disputation, for

e

sustaining )od;

ofQ

the dichotoy between the traditiona&ists and the rationa&istsZ he sees



i

a

Q

Ithnani ah&u J &4ardi, dhu +a6&in bi4&a

dinin9 wa4a8haru daiyinun &a c a6&a &ah;

(They a&& err 4 Qos&es9 $hristians9 ?ews and Qag

a8e huanity+s universa& sect , = One an inte&&igent

re&igion9 =And one re&igious without inte&&ect;!

@Y

icis

of deve&opent



Ibn a&4?au:i9 in his Tab&is &b &is9 @ +

be the excesses of the urisconsu&ts,

The aor portion of their ef

ai

cover the right source for the &ega& prescription9 the subt&e points

of the re&igious &aw9 and the courses upon which the various &ega&

ai

wou&d have occupied these&ves with a&& prob&es of the &aw

without distinction; Instead9 they busy these&ves with the

&eading prob&es deanding uch discussion9 so as to a8e a

show of their dia&ectica& prowess9 pub&ic&y9 in the give4and4ta8e

of disputation; The disputation is arranged so as to dea& with the

great disputed 6uestions9 the disputant often being ignorant of



inor Krob&e

ore coon

G

Qoreover9 urisconsu&ts prefer to adduce ana&ogica& reasoning

GMH

INST/%$TION

as evidence in a 6uestion of &aw9 rather than cite a hadith9 so as

to give free reign to their prowess in disputation; Were one of

the to adduce a hadith as evidence9 he wou&d be scathing&y

censured by his peers Z even though the correct practice wou&d be

to do so;



?urisconsu&ts spend their tie on disputation9 to the exc&usion

of the recitation of the 7oran9 of hadith9 of the &ife of the 'rophet

and his copanions9 atters which cou&d awa8en the re&igious

fee&ing such as disputation cou&d never do; They neg&ect the

positive &aw and the rest of the re&igious sciences; They engage

in disputation for purposes other than the discovery of the

truthZ they even becoe angry when the opponent discovers it9

and bend every eort towards refuting hi9 8nowing fu&& we&&

that he is right; Their so&e obect is to defeat their adversaries and

achieve &eadership riyasa9 and to this end they are ready to go

to extrees9 to becoe angry9 curse and revi&e the adversary;

They &oo8 down on the hadith4experts9 forgetting that hadith is

one of the basic sources of the &aw9 and they denigrate the dis4

course of the preacher; In their ipatience to reach the suit9

they issue &ega& opinions before reaching the ran8 of ufti9 their

fatwas going against the c&ear text of the scriptures9

d; Origin and Keve&opent of the Licence to Teach

G ! Origin of the $oncept of the Ia:a

The authori:ation to teach was tied priari&y to the boo8; It guaran4

teed the transission of authoritative re&igious 8now&edge; The

authoritative character of the transission derives u&tiate&y fro

the 'rophet9 the sea& of a&& prophets9 chosen by )od to receive the

reve&ation9 the re&igious 8now&edge ( c i&! necessary for sa&vation9

transitted to hi through the agency of the Ange& )abrie&; This

8now&edge the 'rophet passed on ora&&y to his $opanions (ashab9

sahaba9 pi; of sahib ! 9 and they to their Successors ( tabi+un ! 9 and they

to their successors (tabi0u J &4tabi0in!9 and so on9 down through the

centuries to the u&aa9 heirs of the prophets; Such was the transission



of hadith9 accounts re&ating to the deeds9 words and attitudes of the

'rophet9 ca&&ed his Sunna; The vehic&e of this transission was the

spo8en word9 recited9 read a&oud9 as was the +/ecitation J itse&f9 the

7oran; The 7oran and the Sunna are the two principa& authoritative

sources of re&igious 8now&edge in Is&a;

The technica& ters Rrst invo&ved with hadith derived fro the

verb sai c a9 to hear; The derivative ter saa0 cae to ean the

certiRcate of audition; This certiRcate was appended to a boo89 or

other writing9 certifying that the owner9 and perhaps others a&ong

with hi who were then a&so naed9 studied the ateria&s under his

direction; The aster cou&d a&so authori:e the person or persons

naed to transit the contents on his authority as author of the boo89

III; The Qethodo&ogy of Learning G M G

a8e

si

saaE The e&eents



usi Z the reader or reciter9 6an Z e auditors9 sai un >sing9

sai c ! Z and the writer of the certiRcate9 8atib9 8atib as4saa+9 8atib

at4taba6a9 uthbit as4saaE *iographica& notices often ention

that a scho&ar was a writer of taba6as (8ataba +t4tiba6!9 which fact

eant as a testionia&

usi0 cou&d hise&f

u

authori:ed to teach the boo89 in which case he cited his authority

ore

scho&ars intervening between the author and hise&f (sanad9 isnad9



riwaya!; The 6ari+9 reader9 was usua&&y the person who was the ost

6ua&iRed to read the boo89 or recite it by heart; The auditors were

cited in the certiRcate by the writer9 8atib9 who gave the exact portion

of the boo8 studied by each auditor9 if not studied e6ua&&y by a&&; The

writer was usua&&y one of the students who cou&d be re&ied on to give

the exact naes9 the nuber of sessions and the p&ace and dates

invo&ved; @ Such a certiRcate of audition invo&ved the reading of the

text or its recitation fro eory; This reading or recitation was

expressed by two basic ters9 one connected with the 7oran9 the

other with hadith9 both of which ters were c&ose&y interre&ated and

soeties even synonyous, 6ara+a and sai0a;

The three radica& &etters9 6rE fro which the word a&4[ur+an9 the

sacred boo8 of Is&a9 is derived9 were a&so those of the ost basic

technica& ter of Qus&i education and the ost versati&e Z nae&y9

the verb 6ara+a; It eans to read a&oud9 to recite9 especia&&y the 7oran9

+the /ecitation+; The fourth for9 a6ra+a9 eans to a8e (soeone!

read a&oud or recite9 to teach; These verbs were used with regard to

7oranic studies9 as we&& as other subects;

One +read J a certain subect9 in the sense of studying and astering

it; The verb 6ara+a was used with9 and without9 the preposition 0a&a;

-or instance9 6ara+a +G4adhhab wa +G48hi&af hatta taaiya: ("e

+read+ the &aw of his schoo& and that of others unti& he distinguished

hise&f! Z @C and 6ara+a +G4R6h c a&a (fu&an! ("e +read+ &aw under the

direction of So4and4So! Z @@H both used in the sense of he +studied+; The

eant a&so to read a&oud or recite=Z



sai

source of Is&a; *oth verbs9 6ara+a and sai+a9 used in this sense9 were

accopanied with the preposition c a&a; Ta&aan8i (d;MC=GH@!

re&ated an experience of his as fo&&ows, +I entered Qurcia and its

scho&ars c&ung to e wishing to recite to e (yasa0una c a&aiya!9 @@G

that is9 to study under y direction9 )harib a&4Qufannaf00 I said to

the, .Loo8 for soeone to recite for you (ya6ra+u &a8u! whi&e I

GM

INST/%$TION

y copy of the boo8; They brought e a b&ind an9 8n

3ida9 who recited the boo8 to e (6ara+ahu0 a&aiya! fro

to end; and I was aa:ed at his eori:ation (hif:ih!9



@@@

Since 6ara+a cou&d a&so be ta8en in the sense of reading a text not

fro eory9 other words were soeties added to avoid abiguity;

ShaR+i w00 rennrted savins that he went to see Qa&i8 after havine

Quwatta+; Qa&i8 to&d hi

soeone to read for hi ( an

y

Quwatta+ under his direction fro eory

Quwatta



aount of Ibn -aris+s Qua&

coit it to eory (haR:a!9 then recite it to (6ara a aia! Ibn a&4

[assar9 unti& he had Rnished the boo8 as regards both eori:ation

eori:ation

=as recited to a aster; ubaidi

raarians9 said he heard a&4Qus

(d;C = CH!9 +"ow did the graarian Quhaad b; Da:id coe

to 8now the *oo8 of Sibawaih better than Ahad b; Dahya9 Tha+&ab B+

The answer was9 +*ecause Quhaad b; Da:id recited it fro

eory to (6ara+a 0a&a! aster4graarians9 whereas Ahad

@@Y



eory to hise&f (6ara+ahu +a&a nafsih! J ;

The 6ira+a9 reading9 cou&d be done by the professor to the students9

or by the student to the professor9 whi&e the other students fo&&owed the

text being recited; In the &atter case9 the students were a&& being

the

fro eory

was doing the +hearing+9 that is9 the teaching9 by fo&&owing the recita4

tion and correcting the text when necessary; Such9 for instance9 was

the case with c Abd a&4)haRr a&4-arisi ( d;JC = G G@J! and his professor

Abu +G4Qu:aar as4Sa c ani9 who often taught through the forer+s

readings (6ira+ati! which he preferred to his own readings (6ira+at

nafsih! to the students; A&4-arisi re&ated, sai+a bi46ira+ati a&48athir9

a



wa4ya+uru bi+G46ira+aZ wa48anat 6ira+ati ahabbu i&aihi in

6ira+ati nafsih ("e taught &itera&&y, heard uch through y read4

ings with which he was p&eased; "e rare&y he&d a c&ass without as8ing

e to readZ and he preferred y readings to his own; ! @@ The ter

6ira+a9 fro 6ara+a9 to read9 app&ies to both the student+s reading to

the professor9 as we&& as the professor+s reading to the student; When

it was desired to point out c&ear&y that the actua& reading was per4

fored by a certain person9 additiona& words to that eect were usedZ

as9 for instance9 the words bi4nafsih were added to 6ara+a, 6ara+a

Sahih Qus&i bi4nafsih& c a&a ; ; ; ( "e hise&f read the Sahih of Qus&i

0+ E

=Vn&Wtinn of h>r&ith > under the direction of ; ; A @@ The ter 6ara+a

III; The Qethodo&ogy of Learning GM@

eanin

?awa&



graphy under (6ara+a c a&a! at4Tibri:i for seventeen years9 so that he

becae the foreost expert in itZ he then taught it (a6ra+ahu9 -or

Qadrasa Ni:aiya

that Re&d; @@C

eant to read9 to recite9 to recite fro

eory9 to study; It was used priari&y in connection with the 7oran Z

but it was a&so used for other subects9 inc&uding those which had

deve&oped ters of their ownZ as9 for instance9 in &aw9 the verb

darrasa9 and in hadith9 the verb haddatha9 both used without

cop&eents; The verb sai+a (to hear! was used9 in soe of its ean4

ings9 synonyous&y with 6ara+a ( to read ! ; Sai+a was used twice in a

passage where 6ara+a cou&d easi&y have been substituted for it; This

passage is c discussed be&ow; @MH Sai+a thus eant to recite fro

eory9 as we&& as to hear9 study9 &earn; On the other hand9 the

eanings of these two verbs diverged when the prepositions were not

the sae; Ibn "adan9 in a biographica& notice on Qaid ad4Kin b;



Taiiya9 @MG said of hi, T was his fe&&ow sahibtuhu in the Qadrasa

Nuriya after y return fro Kaascus9 but too8 nothing in dictation

fro hi E wa4&a asa+ inhu shai+an G 9 nor read9 studied9 under hi

a

a6ra+ 0a&aih; I did9 however9 through his reading or

recitation fro eory9 study uch under his cousin wa4sai+tu

bi46ira+atihi 0a&a J bni c aih ; "e was an exce&&ent scho&ar in the &aw

rxf 7ic cr>rvr? >n" in thnt of others; T had freient discussions with hi

nuerous disputations in the &ifetie

after; J@M Ibn /aab then added, T found a certiRcate of audition

saa c signed by Qad ad4Kin b; Taiiya (d;YJ = GJM !+Z in other

words9 Ibn "adan did9 indeed9 study under Qad ad4Kin b;



eaning

saa

ecrites sous &a dictee de ses professeurs (the co&&ections of notes ta8en

fro

There were readings (6ira+a9 pi; 6ira+at! for dierent purposes; In

e fo&&owing exap&e9 the 6adi Abu ?a+far a:4aTarani (d;MY@=

F was said to have ade a conv of a&47hattabi+s (d;6Y=66Y!

ade a oira+at saa

ade



eori:ation

&edge of it by heartZ the second9 to correct the text (tashih! and to

ebed the corrected text Rr&y in the eory9 to aster it ( it6an ! ; @M@

aong the

coent

%saibi+a9 biographer of phi&osopher4physicians9 preserved

saa

GMM

INST/%$TION



GHM@! $oentary on )a&en; The $oentary was read under the

author+s direction and bore his signature attesting to the fact that the

*iaristan

/aadan

ost

Taiyib+s wor8s were copied fro his dictation; @MJ This exap&e

i&&ustrates the inter4connection between saa G and 6ira+a9 the &atter

being used here in the sense of saa c Z the two ters are interchange4

ab&e; The causative fors of the two verbs9 -ors GG and iv9 nae&y

6arra+a = a6ra+a9 and saa ( a = asa>a9 ean to teach;

The above i&&ustrations show further that 6ira+a was app&ied to the

professor hise&f (cf; Sa+ani above!9 or to the student who actua&&y

did the reading9 or to the student in attendance who was not reading9

but who was fo&&owing the reading or recitation in his own copy;



As urisprudence deve&oped with the &ega& practice of the uris4

consu&ts9 the type of authori:ation given for hadith was no &onger

ade6uate by itse&f; Law was a far ore cop&ex Re&d than that of

hadith9 which was on&y one of the sources of urisprudence; Other

sources were invo&ved9 and another 8ind of ethodo&ogy; The

authori:ation therefore deve&oped fro its sip&est for9 nae&y

attesting to the authoritative transission of hadith9 to a ore

co

ters

ere eory9 and coprehension, riwaya and diraya9 a oveent

fro ere abi&ity to store hadiths in the eory9 to the higher abi&ity

of understanding their contents and using0 the as ateria&s for the

ter

synonyous with the ter which cae



an

fro

stand it and a8e inte&&igent use of it (diraya9 fro dara!9 which was

tantaount to R6h9 urisprudence; Thus &ega& science9 c i& a&4R6h

wa4usu& a&4R6h9 was referred to a&so as 0i& ad4diraya9 the science of

diraya; @MY The distinction between riwaya and diraya showed up in

uhadd

enco

passing both riwaya and dirayaZ or a urisconsu&t wou&d be described

as strong in dia&ectic9 but wea8 in his 8now&edge of hadith;



uch in coon

coon

This coon front was sybo&i:ed by a terino&ogy of rapproche4

ent9 a&ready noted in the ters diraya and R6h9 as we&& as in the

phrase R6h a&4hadith9 eaning the science of hadith (on the ana&ogy

of R6h a&4&ugha9 the science of &exicography!9 bringing hadith (or

&ugha! as a science up to the &eve& of R6h9 by association; A certain

G

E

III; The Qethodo&ogy of Learning G MJ

aount of :ea&ous partisanship separated the dedicated uhaddith

fro the dedicated urisconsu&t9 an instance of which can be seen in

Taii+s four &ines of poetry a&ready cited; @M Another interesting

instance ay be seen in a 6uarre& over whether an authori:ation ust

be written and signed by the aster9 or wou&d it be &egitiate when

written by the person authori:ed;



Ibn a&4Qadhhab (d;MMM= GHJ! was the obect of the 6uarre&; An

authori:ed transitter of Ibn "anba's Qusnad4$oWection of hadiths9

he was ta8en to tas8 by a&47hatib a&4*aghdadi who9 though he

ac8now&edged his authority as transitter9 too8 exception to Ibn a&4

Qadhhab+s authority regarding an indeRnite nuber of a:a+ (pi; of

u:+9 parts! of the Qusnad; At the end of each u: J 9 Ibn a&4Qadhhab

had appended his own nae attesting to having received the

authori:ation fro Ibn a&4[at'i (d;Y@M= G@Y!; @M Ibn Nu6ta @MC

Qadhhab

G

princip&e that the part shou&d have been signed by the authori:ing

d9 Ibn a&4?au:i defended Ibn a&4Qadhhab @J

coon9 ordinary uhaddithun ( awa



uhaddithin! insist that the aster

other words9 this princip&e is not re6uired by hadith4experts who are

■

@J

This does not ca&& for censure Z since once it is 8nown for certain

that he &earned heard the boo89 it becoes perissib&e for hi

saa

portance



is a cause for surprise to see how these hadith4experts a&&ow one

to say9 ora&&y9 c So4and4So infored e ; ; ;+ in reference to an

authority fro who a hadith is received ora&&y but refuse hi

to write his certiRcate of audition in his own hand ;;;

In other words9 if the transitter of a hadith was a&&owed9 hise&f9 to

attest to the authenticity of his authority to transit the hadith9 then

the transitter of a boo8 shou&d a&so hise&f be a&&owed to do the sae

with the boo8;

1&sewhere9 Ibn a&4?au:i cites the 6adi a&4Arsabandi who had

ade9 in this regard9 a stateent surprising&y odern in tone , +In y

opinion9 anyone who is the author of anything has in eect given his

authori:ation to anyone who transits his wor8 on his authority J ; @J@

*ut even if the boo8 was authenticated as that of the author9 it reains

true that9 in Is&a9 the authori:ation itse&f had to be given fro person

to person; Transitting the 8now&edge of a boo8 that had been

&earned by onese&f9 and for which no authori:ation had been given9

iate authori:ation to transit



nuerous

GMY

INST/%$TION

@JY

authors of boo8s9 or by persons du&y authori:ed in succession9 attest

to the perennia& persona&is of the Is&aic syste of education;

! Keve&opent of -i6h

The deve&opent of R6h fro hadith9 that is9 the oveent fro

riwaya to diraya9 began gradua&&y at an ear&y date; @JM The fai&y

in4Rghting was brought to a head after the In6uisition9 as i&&ustrated

by the cause ce&ebre of Tabari9 the faous historian9 uhaddith and

urisconsu&t9 who disissed Ahad b; "anba& as a ere uhaddith

and not a urisconsu&t; Tabari was attac8ed by the fo&&owers of Ibn

"anba&; The "anba&i schoo& of &aw eerged after the In6uisition9



when Tabari+s schoo& of &aw was in the a8ing; The riva&ry was 8een;

The schoo&s of &aw were in a state of _ux9 @JJ and the &ines of dearca4

tion between hadith and R6h were sti&& b&urred; The wording of soe

of the notices in biographica& sources is c&ear evidence that the Re&ds

of hadithfand R6h were c&ose&y interre&ated9 and that R6h was in the

process of eerging as an independent Re&d;

Abu Quhaad a&4*a::a: (d;C@ =CHY! is cited in his notice as a

sahib of Abu Thaur the ?urisconsu&t, +"e heard hadith fro a group

of uhaddithun and he was in possession of the R6h of Abu Thaur; ; ; ;

"e was trustworthy+; Notice that the ters used re&ate to hadith

except the stateent about R6hZ and here the stateent refers to

possession9 that is9 8new it by heart, 8ana +indahu R6hu Ab& Thaur9

as one wou&d have hadith in one+s possession;

Spea8ing of the traditionist an4Nasa+i (d;@H@=CGY!9 copi&er of

one of the six canonica& co&&ections of hadith9 the notice states , +"e was

an ia in hadith9 trustworthy9 re&iab&e9 8new the 7oran by heart9

a urisconsu&t C ; @J + The &ast epithet was added to show that Nasa+i was

one who understood 4 did not ere&y eori:e 4 the hadith and

cou&d derive the &aw fro it;

Ibn a&4?au:i was critica& of the uhaddithun who were ere&y

rawis9 re&aters9 transitters; In his Ta&bis Ib&is9 he castigated those

aong the who did not understand the hadiths they had copi&ed9

and were so ignorant of the &av= that they had to refer to their own

students of hadith who were a&so &aw students9 in order to be en4

&ightened as to their &ega& duties; @J When Ibn a&4 ?au:i cae to write

the notice on Tabari he did hi ustice9 in spite of the troub&es Tabari

had with the "anba&is becau3c; of his dubbing Ibn "anba& as a ere



hadith4expert; Ibn a&4?au:i9 a "anba&i9 neverthe&ess described hi in

the fo&&owing ters, +Tabari aassed Re&ds of 8now&edge such that

he was at the forefront of scho&ars of his dayZ he 8new the 7oran by

heart9 with insight into its interpretation9 was a scho&ar regarding the

Sunna of the 'rophet9 a urisconsu&t with a thorough 8now&edge of the

&ega& prescriptions and of the divergences of opinion aong the

doctors of the &aw;+ @JC

/udhbari (d;@ =C@MO was 6uoted &isting his teachers as fo&&ows,

III; The Qethodo&ogy of Learning G M

+Qy professor9 in suRs9 was ?unaidZ in hadith and i6h9 Ibrahi a&4

"arbiZ and in graar9 Tha0&abE @YH Ibrahi a&4"arbi (d;J =g!

was described as a scho&ar of the standing of Ahad b; "anba&9 whose

Re&ds were asceticis9 y>=: and hadith9 and &anguage and &iterature; @YG

Abu c Abd A&&ah a&4"ashii (d;@@ =C@J! was +a trustworthy hadith4

expert who fo&&owed the schoo& of &aw of ShaRT; @Y And Abu Nu+ai

a&4Astarabadhi (d;@@= C@J! was in the forefront of &earned en in

@Y@

@YM



hadith andR6h;

It was after this period9 and beginning with such urisconsu&ts as

Abu 0A&i at4Tabari9 about id4fourth =tenth century9 that the

terino&ogy used in the notices began to be specia&i:ed in the &aw9

and such ters as 8hi&af9 R6h9 usu& a&4R6h9 ada&9 and the ta+&i6a began

to be used9 their use increasing in fre6uency as the years went by;

This deve&opent was due in great easure to the ShaRQ schoo& of

&aw9 Shafts being the Rrst to bring together the disparate Re&ds of &aw

that go to a8e up the science of usu& a&4R6h; The &ine of descent fro

ShaR+i for this deve&opent of the &aw is 6uite c&ear, ShaR c i (d;HM=

H!9 to a&4Qu:ani9 to a&4Anati9 to Ibn Surai9 to Ibn Abi "uraira

and Abu EA&i at4Tabari; Ibn Surai cae as the cu&ination of the

eort begun by Shafrt and his usu& a&4R6h9 carried on by the 1pitoe

on &aw of a&4Qu:ani who ShaR+i ca&&ed +the defender of y

doctrine J (a&4Qu:ani nasiru adhhab&!9 and through a&4Anati9 to

surge forth with Ibn Surai9 hai&ed as even a greater urisconsu&t than

a&4Qu:ani; -ro Ibn Surai9 it passed on to Ibn "uraira9 author of

the $oentary on the 1pitoe of a&4Qu:ani9 and to Abu 0A&i at4

Tabari9 who +reported0 with a ta+&i6 on the $oentary;

As a&ready entioned9 the ShaR+is are to be credited with the

writing of wor8s on 8hi&af and ada&9 with urisconsu&ts such as a&4

[aa& ash4Shash&9 a discip&e of Ibn Surai9 and author of a wor8 on

ada&9 and Abu c A&i at4Tabari9 with his +pure 8hi&af (a&48hi&af a&4

uarrad! entit&ed a&4QuharrarR+n4nalar9 on disputation;

Lega& studies ay thus be said to have coe into their own by the



Rrst ha&f of the fourth =tenth century; The ta+&i6a was a cornerstone in

the deve&opent of &ega& studies &eading to the ran8 of ufti; It was

at this point a&so that the co&&eges of &aw began to u&tip&y9 with

*adr b; "asanawaih who popu&ari:ed the foundation of the asid4

8han cop&exes9 fo&&owed by Ni:a a&4Qu&8 who popu&ari:ed the

foundation of adrasas; These institutions cae into existence

because the subect atter they were set up to teach had a&ready

becoe estab&ished as an independent Re&d of study;

The ter ia:a was Rrst coined to authori:e the transission of

hadith; When used in the abso&ute9 that is9 without a cop&eent9 it

referred to hadith in particu&ar; *ut with &ega& studies9 it began to be

used with cop&eents in order to distinguish it fro the hadith

ia:a; The authori:ations for issuing &ega& opinions9 or for teaching

GM

INST/%$TION

the &aw9 or both9 were designated as fo&&ows , a&4ia:a bi ? &4fatwa ( or9 bi

J &4ifta+ !9 a&4ia:a bi J t4tadris9 a&4ia:a bi +G4fatwa ( or9 ifta+ ! wa4+t4tadris9

a&4ia:a bi +t4tadris wa4+&4fatwa (or9 ifta+ !;

One thing reained constant throughout the centuries; No atter



how sophisticated the ia:a becae9 @YJ whether it authori:ed one

boo89 or a who&e repertoire of hadiths9 or the teaching of &aw9 or the

issuing of &ega& opinions9 it reained an authori:ation ade by one

person9 or if by ore than one9 by one at a tie; The scho&ar receiving

it cou&d go on to co&&ect other authori:ations fro other asters Z and

he cou&d do this for the sae boo8 or boo8s9 or for teaching &aw ( based

on boo8s studied9 as we&& as disputation!9 or for issuing &ega& opinions;

Qeory9 so iportant in the teaching of hadith ( tahdith!9 8ept its

iportance in the teaching of the &aw (tadris!; In fact9 whi&e it was

perissib&e to dictate hadiths fro a boo89 fro written atter9 in &aw

the a%er urisconsu&t was supposed to 8now his ateria&s by heart;

Ibn "aar a&40As6a&ani reported as a nove& practice that one of his

biographees +used to teach &aw fro a boo8P0 @YY /ather the aster

urisconsu&t had to 8now his &aw by heart9 uch the sae as a virtuoso

usician had to 8now his usic9 in order the better to concentrate on

the rendition; To teach fro a boo89 therefore9 wou&d ean that the

professor was tied down to the boo89 his ind &ac8ing the freedo it

needed to rise above the ere text9 the 8now&edge of whose parts

shou&d be ta8en for granted9 in order the better to be ab&e to syn4

thesi:e the into soething origina&;

@! Authori:ation to Teach Law and Issue Lega& Opinions

The chief goa& of Is&aic education was the training of the uris4

consu&t9 the uftiZ for the Qus&i be&iever9 the &ayan9 had to have

recourse to an authority on the &aw which covered a&& phases of his

&ife9 civi& as we&& as re&igious;

The ear&y iportance of the urisconsu&t is i&&ustrated by the

appe&&ation given to the year CM of the hira (G4G@ of our era!9



+the year of the urisconsu&ts (sanat a&4fu6aha+!+9 exp&ained as the

year in which a group of iportant urisconsu&ts died9 a great &oss to

the Qus&i counity; Sybo&ic a&so is the appe&&ation +the seven

urisconsu&ts (a&4fu6aha J as4sab+a! J 9 conteporaries who9 as fe&&ow

residents of Qedina9 the +$ity of the 'rophet+9 issued &ega& opinions;

Other urisconsu&ts are pointed out as great uftis of their day9 who

died in the Rrst ha&f of the second =eighth century, Su&aian a&4

Ashda6 of KaascusZ @Y [ais of QeccaZ @YC Quhaad b; Dahya

a&4Ansari of Qedina9 who had a ha&6a for fatwaZ @H aid a&4A:di of

$airoZ @G aid a&4+Adawi of Qedina9 who a&so had a ha&6a for

fatwa; @

The ha&6a for &ega& opinions of a aster urisconsu&t consisted of

discip&es or co&&eagues9 or both9 sitting together for the actua& practice

of discussing the &aw and arriving at &ega& opinions that had been

@Y

(

@M



III; The Qethodo&ogy of Learning GMC

so&icited; One of the urisconsu&t discip&es of the ha&6a of aid a&4

EAdawi described it in the fo&&owing ters, +We were forty uris4

consu&ts in the fatwa4ha&6a of aid b; As&a (a&40Adawi!9 the &east

of our traits being that we shared with one another our wor&d&y

goods J 9 @@ ost &i8e&y a reference to copensation received for issuing

&ega& opinions9 when there was copensation; Quhaad b; +A&an

(d; G M= @YJ! was said to have had a ha&6a for fatwas in the very

Qos6ue of the 'rophet in Qedina;

There was no particu&ar &iit of tie re6uired for preparation as a

urisconsu&t 6ua&iRed to issue &ega& opinions; The boo8s on theory

spo8e of the ob&igation to do so9 but a&so warned against rushing into

the practice; The authori:ation was issued usua&&y to students at an

advanced age9 in their thirties9 forties or even &ater; *ut soe received

it at an ear&y age; The great Syrian urisconsu&t a&4Au:a e i was said to

have Rrst issued &ega& opinions at the age of thirteen; @J The epony

of the Qa&i8i Schoo& of &aw9 Qa&i8 b; Anas ( d; G C = CJ ! was 6uoted as

saying that he did not issue a sing&e &ega& opinion unti& he had been

authori:ed to do so by seventy urisconsu&ts9 +and it se&do happened

that a &earned an under who I had studied &aw wou&d die before

having app&ied to e for a &ega& opinion J ; @Y

A&4"i6& b; iyad (d; GC= CJ! of Kaascus9 secretary of the great

Au:a0i9 becae in turn a aster urisconsu&t9 being the urisconsu&t

who 8new best the great aster9 his course of &aw and his &ega&

opinions; @ The uhaddith and ufti of a&4?a:ira9 >baid A&&ah ar4

/a66i (d; GH=CY!9 was described as a urisconsu&t whose &ega&



opinions were unopposed9 @ a reference to his undisputed &eadership

and authority; The epony of the ShaR+i Schoo& of &aw studied under

the great urisconsu&t of Qecca9 Qus&i b; 7ha&id (d; CM=CH!9 who

authori:ed ShaR c i to issue &ega& opinions when he was but Rfteen years

of age;

Ta ad4Kin as4Sub8i was authori:ed to teach &aw and issue fatwas

at the age of eighteen or &ess; "is professor Shas ad4Kin b; an4

Na6ib died in JM h; when Sub8i was eighteen years of age; Ibn "aar

a&40As6a&ani rear8ed that Sub8i had received the authori:ation

before he had reached the age of twenty; @H A conteporary of Ibn

Taiiya9 Sadr ad4Kin b; a&4Wa8i& a&4%awi9 issued &ega& opinions

at the age of twenty; "e was a s8i&&ed disputant with a retentive

eory and was said to be the on&y one who cou&d oppose Ibn

Taiiya in a disputation; @G -a8hr ad4Kin b; 7atib [ut&uba8

(d;JG =G@JH! was authori:ed to issue &ega& opinions at the age of

twenty4three; @

In a&& these and other such cases the ages cited are understood to be

out of the ordinary; Since the authori:ation was persona& in character9

it depended on the professor issuing it; Soe asters were not free

with their authori:ations; The urisconsu&t Abu Isha6 Ibrahi b;

@C



GJH

INST/%$TION

Dahya ad4Kiash6i (d;@ = G@@! used to a8e it very di\cu&t for

the student to obtain an authori:ation9 and he fre6uent&y sent a

candidate away9 dec&aring hi un6ua&iRed; @@ Ahad b; "adan

a&4Adhru0i (d;@=G@G! was another urisconsu&t who very rare&y

gave an authori:ation to issue &ega& opinions; "e hise&f was wide&y

8nown for his fatwas and was even so&icited regu&ar&y by a ufti of

distinction to give answers to 6uestions which the &atter wou&d then

adopt in issuing his &ega& opinions; @M

Lega& opinions were open to discussion and arguentation as was

ip&ied in the case of ar4/a66i (d;JM@ = G GMC! whose opinions were

said to have gone unopposed9 so great was his authority as a uris4

consu&t that others in his &oca&ity cou&d not Rnd va&id arguents to

advance as obections; The ha&6as for &ega& opinions were used as

arenas for arguentation and debate &eading to those opinions win4

ning the consensus of the asseb&y of urisconsu&ts;

-ro the biographica& notices on urisconsu&ts of the fourth =tenth

and Rfth =e&eventh centuries a pattern eerges c&ear&y showing three

functions of the aster urisconsu&t, the teaching of &aw (tadris!9 the

issuing of &ega& opinions (ifta @ ! and disputation (una:ara!;



"ibat A&&ah b; Quhaad of *aghdad ( d;M@C = GHM ! studied &aw

under Abu Da+&a b; a&4-arra J 9 becae distinguished in the 8now&edge

of the &aw9 in disputation9 and in his &ega& opinions (anaba9 wa4afta9

wa4na:ara ! succeeding to the study4circ&e of his father; @J Abu J G4-ath

a&4[urashi (d;MMM=GHJ! so exce&&ed in the &aw that he becae the

pivot and po&e of &ega& opinions9 the teaching of &aw9 and the activity

of disputation (sara c a&aihi adaru +G4fatwa wa4 J t4tadrisi wa4+&4

una:ara!; @Y The centenarian urisconsu&t Abu +t4Taiyib at4Tabari

was said to have been active to the end of his &ife9 escaping seni&ity9

and oining the urisconsu&ts in discussions on fatwas9 correcting their

ista8es (yuftia+a+&4fu6aha+i wa4yastadri8u +a&aihii B &48hata J !; @

And Ibn +Arus (d;MJ = GHYH! so exce&&ed in his &ega& opinions that

he becae &eader in that Re&d in *aghdad (intahat i&aihi Q4f8twa bi4

*aghdad!; @

The professorship of &aw and the uftiship were deRnite &eve&s of

achieveent; Abu Quhaad at4Taii (d; M = GHCJ!9 reca&&ing

the occasion of the funera& of the ca&iph a&4[a+i9 in MY = GHJ9 0 n

which his co&&eague the Sharif Abu ?aTar9 Rrst cousin of the ca&iph9 was

given the honour of perforing the funera& prayers9 said that he never

envied anyone ore than Abu ?a+far on that day9 a&& the ore since

he hise&f had &ong succeeded to the ran8 of professor of &aw and was

the ca&iph+s abassador to the princes of the rea& (wa46ad ni&tu

artabata J t4tadrisi ; ; ; wa4Vsafarati baina ? &4u&u8!; @C

A&4*ir:a&i (d;@C= G@@C!9 spea8ing of Sa&i b; c Abd ar4/ahan

a&4[a&anisi (d; Y = G@Y!9 said that he was a distinguished uris4

consu&t who had attained the ran8s of professorship of &aw and the



II L The Qethodo&ogy of Learning GJG

u

As in the case of an authori:ation to teach a boo8 or boo8s9 the

fro

"ere

tions fro other professors and thus co&&ect a nuber of the9 the

ore the better; The historian Ibn 7athir dec&ared of ?aa& ad4

Kin b; a&4[a&anisi (d;@G = G @@ G ! that the &atter was aong those

who had authori:ed hi to issue fatwas (wa4huwa irnan

adhana ` aa:a && bi J &4ifta+!; @CG This authori:ation was soeties

cobined exp&icit&y with the authori:ation to teach &aw (aa:ahu bi



i

teach &aw!; @C "owever9 the authori:ation to issue fatwas usua&&y pre4

supposed a &eve& of 8now&edge such that the candidate had a&ready

proven hise&f capab&e of teaching &aw; It is said of the urisconsu&t

Nasir ad4Kin b; a&4+Atta& (d;J= G@M!9 for instance9 that +he was

the

a

R+G4R6h!;

@C@

The authori:ation to teach &aw and issue &ega& opinions was given



exaination had ta8en p&ace; The exaination9 need&ess to

exa

Qa8ra

GMH! was authori:ed to teach &aw and issue fatwas by two professorsZ

of the had exained hi

exained

soe

ties atte



The urisconsu&t Abu +&4+Abbas b; a&47aa& at4Taii (d;=

GMY!

an of a we&&4to4do fai&y

re6uesting such an authori:ation after he had sent a present to the

professor who iediate&y returned it and refused to give the

authori:ation; @CJ $opetition and riva&ry was rife aong uris4

consu&ts; 1ach ufti wanted his fatwas to be based on the ost con4

vincing arguents in order to win over his opponents or si&ence the;

"is goa& was to reach the top rung of &eadership (riyasa! as ufti; @CY

To do this he had to exce& as a disputant9 and he had to defeat riva&

disputants; The texts are 6uite c&ear as to the riva&ry which this

situation produced; A&4"aruni was said to have been a urisconsu&t

who fre6uent&y opposed his peers in his &ega& opinions (wa48ana ; ; ;

8athira +G4u8ha&afati &i4a6ranihi R J &4fatwa!; @C

The Qa&i8i urisconsu&t Ahad b; Quhaad a&4Qaghrawi



faous Ibn 7ha&dun; "e

G 7ha&dun; with who D

engaged in disputations; @C

which

& J0

INST/%$TION

for the student the &icence to teach &aw and issue &ega& opinions; The

above4entioned Qaghrawi te&&s of his attending the disputation

session of the urisconsu&t Ibn 0Arafa who said to his discip&es one day9

after having given the deterination ( ta6rir ! at the end of a dis4

putation, +Who wi&& oer to oppose this deterination and do ustice

to itB0 The professor was inviting his discip&es to oppose hi9 the

aster9 with a&& their inte&&ectua& s8i&&9 treating hi as their e6ua&;

One of the was entrusted with the tas8 by his c&assates; The dis4

putation between aster and discip&e went on for three days during



which the professor did his best to unnerve the discip&e9 going so far

as to use rude and abusive &anguage9 but the discip&e he&d his ground

Rr&y9 saying, +Such &anguage wi&& not refute eZ you ight try soe

other way J ; -ina&&y9 the professor9 giving up the strugg&e9 said, +Dou

were right in a&& that you said+9 and gave hi the authori:ation to

issue &ega& opinions; One of the discip&es attending the three4day dis4

putation cop&ained to the professor that he cou&d have given the

authori:ation on the Rrst day9 sparing the the &oss of tie; The pro4

fessor+s answer was that he sip&y wanted to ascertain whether the

disputing discip&e wou&d reain Rr9 or waver9 in his arguentation;

The anecdote goes on to re&ate that &ater9 when a professorship of

&aw becae avai&ab&e9 the professor gave his testiony that the

discip&e stood a&one as the candidate ost worthy of the post9 to which

he was then appointed; The aster and the other urisconsu&ts

attended the inaugura& &esson; @CC Thus the disputation was the Rna&

test a candidate had to pass in order to obtain his &icence; "e then was

e&igib&e for a teaching post in the &oca&ity in which he had proved hi4

se&f a disputant; The disputations he won were proof of his abi&ity to

defend his opinions9 and therefore to teach &aw and issue &ega&

opinions; In i&&ustration9 there is9 for instance9 the stipu&ation ade by

the founder of a ShaR+i Qadrasa in A&eppo indicating that the

candidate to be chosen as professor of &aw in his foundation had to be a

urisconsu&t who had so astered the Re&d of ShaR+i &aw as to be

6ua&iRed to issue &ega& opinions that cou&d be fo&&owed in that schoo&

of &aw (wa4sharata an ya8una +G4udarrisu shaR+iya J &4adhhab9

ian ah8aa adhhaba +sh4ShaR bi4haithu sara ah&an &i4an

yu+a&a bi4futyahu R adhhabi +sh4ShaR0P!; MHH >



=

$hapter @

T"1 S$"OLASTI$ $OQQ%NITD

I; '/O-1SSO/S

G; Kesignations

The ters udarris and shai8h were used to designate the ho&ders of

the topost teaching &eve&; Qudarris9 when used without a cop&eent9

designated the professor of &aw Z whereas shai8h was genera&&y used for

professors of a&& other Re&ds, 7oranic scienceZ hadithZ graar9

inc&uding the &iterary artsZ SuRsZ and a&& Re&ds of the +foreign

sciences+Z the cop&eent designated the Re&d concerned;

The professorship of &aw was a&one designated by the ter tadris9

its p&ura& appearing &ater as tadaris; G A&& other professorships were

referred to as ashya8haZ for instance9 ashya8hat a&4[ar+an9

ashya8hat a&4hadith9 ashya8hat an4nahw9 ashya8hat at4



tasauwuf9 for the 7oranic sciences9 hadith9 graar9 and SuRs9

respective&y; The ters tadris and udarris9 used abso&ute&y9 without

cop&eents9 were reserved for the Re&d of &aw;

; Status in the $ounity

a; Iportance of the 'rofessoria& 'ost

The stateent of Ibn 7ha&dun9 6uoted by "ai 7ha&ifa9 that the

+carriers of 8now&edge J in Is&a were ost&y non4Arabs (0aa!9 was

not shared by the ear&y scho&ars in Is&a; Ibn 7ha&dun had said that

scho&ars in a&& Re&ds of 8now&edge9 whether re&igious or secu&ar9 were

for the ost part non4Arabs9 and those who were Arabs in their

genea&ogy were non4Arabs in their other tongue; The reason9

according to Ibn 7ha&dun9 was that Arabs were so ta8en up with

see8ing power under the Abbasid dynasty9 that they had &itt&e tie to

spare for see8ing 8now&edge9 besides the fact of their aversion for the

crafts and professions to which category the Re&ds of 8now&edge

be&onged;

The ters used by Ibn 7ha&dun for the goa&s sought by Arabs of the

c Abbasid dynasty are riyasa and u&8; The history of the EAbbasid

period when dea&ing with riyasa shows Arabs and non4 Arabs e6ua&&y

in search of u&8 (power9 doinion9 sovereignty!; It a&so shows

riyasa9 &eadership9 was sought9 both in atters of doinion as we&& as

8now&edge9 by Arabs as we&& as non4 Arabs 4for both Re&ds of endeavour

ade socia& obi&ity possib&e; Indeed9 the Re&d of 8now&edge appears

? JM T"1 S$"OLASTI$ $OQQ%NITD



e one favoured by socia& c&ibers if on&v for the fart that it

Very

Qirar

Ar

a8es

a&&au +&4+i&

i ne p&ace ot the protessor the counity



of great honour; "is honoured status was evid

ent of the inaugura& &ecture9 accopanied

governent o\cia&s and the bestowa& of robes

b; Inaugura& Lectures

>>.> ;>G A

inaugura& &ectures cae into proinence soewhere

idd&e of the Rfth =e&eventh rpntnnZ TWr0 0vZ0 Z0 ;;990

ustoary

Qecca to perfor the pi&gri

age; Lectures by visiting scho&ars were we&& attended, so a&so were the

nuber



devoted especia&&y to sessions of disputation and the issuing of &ega&

service

great congregationa& os6ues; As previous&y entioned9 any of

these disputations had their regu&ar sparring partners and were the

de&ight of the pub&ic who attended as spectators; Attendance was a&& the

ore interesting when the disputation invo&ved visiting scho&ars fro

other parts of the rea&; This custo of attending the &ecture of a

visiting scho&ar was a&ready in existence before the advent of the two

great adrasas of *aghdad9 the Shrine $o&&ege of Abu "anifa and the

Qadrasa Ni:a

?

Ia a&4"araain



with Abu Nasr b; as4SabbaghZ a&& three were of the ShaR c i schoo& of

&aw; These disputations too8 p&ace in MM = GHJJ9 the year that *agh4

sixteen years of age9 cited as one of the subects of disputation

?

&iiting

Qas

Qos6ue of a&4Qans



years &ater; This visiting professor+s &ecture was attended by the chief

6adi and the shuhud4notaries9 aong others; Aong those invited by

?aTar b; Abi Qusa

[ad

their own study4circ&es in order to attend; Y No exp&anation for the

refusa& was piven hv the rhrnVW4 7ut ir 90o Z9iZ Q , <r u< v<<k 0u<0

I; 'rofessors

0JJ



attendance at such a &ecture was a sign of respect which those who

refused to attend were not wi&&ing to show9 either for reasons attaching

to the scho&ar hise&f9 or his ission and those he represented;

The custo of attending the &ectures of visiting scho&ars goes bac8 a

&ong way; *ut the inaugura& &esson or &ecture of a professor ust

appointed to a chair appears as an extension of such cereonies for

dignitaries of the ru&ing power9 such as wa:irs and chief 6adis; The

professor of &aw often served as abassador to princes in other parts of

the Qus&i rea&9 as we&& as *y:antiu; "is training as a disputant

ade hi especia&&y 6ua&iRed for such issions; *oth the chief 6adi

(6adi +G46udat! and the professor of &aw were scho&ars of the re&igious

&aw; The inauguration was for the purpose of honouring the9

indicating the iportance accorded their positions by the governing

power;

The appointent of a chief 6adi was accopanied by a cereony

during which the deed of investiture ( c ahd! was read pub&ic&y; The

cereony was attended by the grandees and notab&es of the dynasty9

and the &eading scho&ars of the &aw; On such occasions honoriRc tit&es

(&a6ab! and robes of honour (8hira! were bestowed upon the in4

cubent; These cereonies in honour of the chief 6adis were often

entioned in the chronic&es; Y $ereonies of this nature were a&so he&d

for wa:irs as we&& as other governent o\cia&s;

A new professorship of &aw9 in the Rfth =e&eventh century9 was

hera&ded by an inaugura& &ecture or a disputation attended by govern4

ent and scho&ar&y dignitaries9 as we&& as by students of &aw; Abu Nasr

b; as4Sabbagh gave an inaugura& &ecture when he was appointed as

professor of &aw in the Qadrasa Ni:aiya in *aghdad9 in the p&ace of



Abu Isha6 ash4Shira:i9 who did not show up; The text regarding Ibn

as4Sabbagh entions a so&en session during which a disputation

too8 p&ace9 attended by the dignitaries9 and after which9 the peop&e

dispersed; The Rrst distribution of dai&y rations of food was then ade

to the students of &aw of the endowed co&&ege;

In MYG h;9 two years after the inauguration of the Qadrasa of Abu

"anifa9 its Rrst professor I&yas ad4Kai&ai died and9 in his p&ace9 Nur

a&4"uda a:4ainabi (d; JG=GGG! was appointed; This appointent

was ade by a coittee of "anaR trustees and the inaugura& &ecture

was attended by the "anaR dignitaries; C

When )ha::a&i9 in MM = GHCG9 was sent to *aghdad by Ni:a a&4

Qu&8 to grace the chair of ShaR+i &aw at the Qadrasa Ni:aiya9

Ibn0A6i& and a&47a&wadhani9 both professors of "anba&i &aw9 were

aong the dignitaries who honoured hi by attending his inaugura&

&ecture; GH The &anguage used in reporting these inaugura& &ectures

points to the iportance of their cereonia& nature; The professor

too8 his seat in the gathered asseb&y ( a&asa ! 9 and persons of iport4

ance attended ( hadara ! his Rrst &esson or &ecture on &aw ( tadris ! ;

GJY T"1 S$"OLASTI$ $OQQ%NITD

In the onth of /aab MC (Qarch4 Apri&9 G GHJ!9 the wa:ir Sa c d

a&4Qu&8 attended (hadara! what appears to have been the inaugura&

&ecture (tadris! of the ShaR+i urisconsu&t a&47iya a&4"arrasi; "e

ade a specia& visit (6asada! to the Ni:aiya Qadrasa to do so9 +in

order to inspire the students with an interest for &earning+; GG



In JHM= G G GH9 Ibn ash4Shaari (d;JM=GGM! occupied the pro4

fessoria& chair (a&asa! in the study4circ&e of the graarians (ha&6at

an4nahwiyin! in the Qos6ue of a&4Qansur9 and his inaugura& &ecture

was attended by the grandees (wa4hadara 0indahu +G4a8abir !; G This

sae year9 in Sha+ban (-ebruary 4Qarch9 ni&!9 Abu *a8r ash4

Shashi (d;JH=GGGM! assued the professoria& chair (a&asa ; ; ;

yudarrisu! in the Qadrasa Ni:aiya9 and was attended by the Wa:ir

of the Su&tan and the dynasty+s ru&ing o\cia&s (wa4hadara +indahu

+s4su&tan wa4arbabu J d4dau&a!; G@ A&47iya a&4"arrasi had died and

ash4Shashi was appointed his successor;

The inaugura& &ecture of Abu ? n4Naib as4Suhrawardi (d;JY@=

G GY! in J@G = G G@ was attended by a group of urisconsu&ts and 6adis

(hadara c indahu aa+atun ina J &4fu6aha J i wa J &46udah!; "e was

said to have assued his chair to teach &aw (a&asa ; ; ; &i +t4tadris!9

giving an inaugura& &ecture; GM

In ?uada GG9 JMH (Noveber4 Keceber9 GGMJ!9 Dusuf ad4

Kiash6i (d;JY@ =i GY! assued the chair to teach &aw (a&asa &i

J t4tadris! in the adrasa founded by Ibn a&4Ibari in the *ab a&4A:a

6uarter of *aghdad+s 1ast Side; In attendance were the chief 6adi9

the treasurer9 and the ru&ing party of the dynasty; GJ

The terino&ogy was odiRed for /aab JYY (Qarch4 Apri&9

G G G ! when Ibn Nasir a&4EA&awi was appointed to the professorship of

&aw in the su&tan+s Qadrasa which had been occupied by a&4Da:d

( d;J G = G G J ! ; The verb used was wu&&iya9 to be entrusted9 charged9

with the adinistration9 to be appointed to a post with cop&ete

authority; The chief 6adi and others were in attendance; GY



In JY = G G G 9 Abu Qansur b; a&4Qu>a&&i was given ( u+tiya ! the

Qadrasa of the Su&tan Qahud (su&tanate, MJ4=GHC4M!9 which

had been that of a&4Da:di; The new appointee9 being cop&ete&y in

charge9 then hired as his substitute (istanaba9 na+ib! Abii+G4-ath b;

a:4inni (d;JY = G G@!9 who was attended by a group of uris4

consu&ts; The substitute4professor (na+ib! inaugurated (iftataha! his

(substitute4! professorship (tadris! with a &ecture9 the opening state4

ent of which was , + A faction of theo&ogians profess that )od does not

exist J 9 a subect which a&ienated his audience; The next atter he

treated was a disputed 6uestion of ShaR+i9 which he did without citing

hi; This served on&y to further aggravate the situation; The scanda&

he provo8ed reached the ears of the wa:ir9 who was about to have hi

paraded in disgrace throughout the city9 when the professor in charge9

Ibn a&4Qu e a&&i9 intervened successfu&&y on his beha&f; G

L 'rofessors

0J

In the inaugura& &ecture9 the new professor was not &iited to one

subect a&oneZ he cou&d disp&ay the breadth of his 8now&edge by

dea&ing with a u&tip&icity of subects; -or instance9 Ibn a&4 ?au:i9 in

an autobiographica& note9 te&&s of his inaugura& &esson at the beginning



ad

Quharra

y

that day9 I de&ivered fourteen &essons in various Re&ds of 8now&edge J

(wa4R yaui +G4ahadi tha&itha +G4Quharrai +btada+tu bi4i&6a+i

+d4darsi R adrasati bi4Karb KinarZ fa4dha8artu yaua+idhin

arba0ata +ashara darsan in fununi J G4 $ u&u!; G

Another instance of the u&tip&e4&esson inaugura& &ecture was that

de&ivered in M=GMH by ain ad4Kin a&4+A&uni (d;=GM@! who

had been appointed as substitute4professor in the Qadrasa Shaiya

1xtra4Quros; "e dea&t with various topics of positive &aw ( R6h ! 9 fro

the chapter on sacriRces up to the chapter on vows; GC A&though the

&anguage of the source is not exp&icit9 it wou&d appear that he did this

without reference to the textZ at &east9 this was in the best tradition of

teaching &aw9 as one ay gather fro Sub8i+s QiRd an4ni+a; H



Qad

Qad

hi

of the ru&ing dynasty +as was the custo on such4occasions+ (+a&a ari

B &4+adati R dha&i8!; "e had previous&y functioned as substitute4

professor of &aw9 but now he&d independent&y both the professorship

u

Shaa



on the inaugura& &ecture; "e says that he succeeded a&4"arastani

(d;YY = GYM! to the professorship of Kar a&4"adith a&4AshraRya and

that his inaugura& &ecture was attended by the chief 6adi and the

notab&es of the city (Kaascus!9 professors of &aw and of hadith9 and

others; "e &ectured on the introduction he had written for his wor8

a&4Qab0ath9 and the hadith cited there9 a&ong with the chain of trans4

itters9 and on the science of hadith9 supp&eenting the &ecture with

ateria&s drawn fro other sources;

Qadrasa

a

in *aghdad9 by I6ba& ash4Sharabi (d; YJ@ = GJJ!9 w h^

attended the inaugura& &ecture; The historian Ibn 7athir9 without

nae

attended by a &arge audience inc&uding the professors of &aw and



uftis of the citv; Sweeteats

adrasas

ade

with

GJ T"1 S$"OLASTI$ $OQQ%NITD

stipends9 sweeteats on festiva& days9 and fruits in their various

seasons; On the day of the inauguration9 he bestowed robes of honour

w

on the professor of &aw9 on the repetitors9 and on the students of &aw; @

r



It wi&& be noticed that the ban6uet was given by the founder9 not by

the professor whose nae was &eft unentioned; This was a&so the case

in YC = GCC in the Qadrasa Kawudiya9 when a ban6uet was given

by the founder on the occasion of the inauguration of his foundation9

a adrasa cu dar a&4hadith cu ribat; The professorship (ash4

ya8ha! was given to 0A&a J ad4Kin b; a&4 c Attar (d; M= G@M!9 and his

inaugura& &ecture was attended by the 6adis and notab&es of the city; M

Attendance at an inaugura& &ecture was9 aong other things9

indicative of approva& of the choice for the co&&ege+s professorship; The

very fact that the biographers point out that the inaugura& &esson was

we&& attended wou&d see to ip&y that such was not a&ways the case;

-or instance9 when the faous ShaR+i hadith4expert ?aa& ad4Kin

a&4Qi::i (d;M = G@MG !9 in G=G@GC9 succeeded 7aa& ad4Kin b;

ash4Sharishi9 who had died that year9 to the professorship of Kar a&4

"adith a&4AshraRya9 his inaugura& &ecture was very poor&y attended;

"is son4in4&aw and biographer9 Ibn 7athir9 coented on the aair9

saying that none of the notab&es attended because soe u&aa did not

approve of his appointent to this post; In this passage9 Ibn 7athir

did not give the reason for their disapprova&9 but conRned hise&f to

stating that no one aong Qi::i+s predecessors to the post was ore

worthy of it than he9 nor was there a greater uhaddith; Ibn 7athir

went on to say that Qi::i had no need to concern hise&f with their

absenceZ he was better o without the; J

The inaugura& &esson did not necessari&y treat of the principa& sub4

ect for which the institution was foundedZ it cou&d be in one of the

Is&aic sciences or their anci&&aries; -or instance9 in the Qadrasa

Shaiya 1xtra4Quros9 the urisconsu&t 0A&a J ad4Kin as4SairaR (d;



MM=GMMH! de&ivered his inaugura& &ecture9 as professor of &aw9 by

giving an exegesis on a 7oranic verse; Y

As the professorship of &aw was divisib&e9 a urisconsu&t cou&d be

appointed to on&y a part of the postZ as9 for instance9 in the case of

Sira ad4Kin +%ar b; 0A&i as4SairaR ( d;C G C = G J G @ ! 9 son of the above4

entioned +A&a J ad4Kin9 who had one4third of the professorship of

&aw in the Qadrasa Shaiya 1xtra4Quros; "e de&ivered an inaugura&

&ecture in two parts on Sunday9 the Jth of Safar9 CY ( GC Keceber

GMCH!9 and it was attended +as usua& J by the chief 6adi and ShaR+i

urisconsu&ts; In the Rrst part9 he coented on a 7oranic verseZ

fo&&owing which he gave a ban6uet in which sweeteats were served;

Then he de&ivered the second part of his inaugura& &ecture on positive

&aw9 beginning with the chapter on sa&es in the text of /aR+i;

It is noteworthy that the practice of the inaugura& &ecture with its

cereonia&9 the ban6uet and robes of honour9 was un8nown in

I; 'rofessors

? JC

Ottoan Tur8ey unti& the e&eventh =seventeenth century9 A&4

Quhibbi9 in his biographica& wor8 covering that century9 gives a



description of its Rrst occurrence in the adrasa founded in Os8iidar

by the other of Su&tan Qurat; The inaugura& &ecture de&ivered by

the professor of &aw was attended by a great crowd inc&uding the

notab&es and u&aa; Three robes of honour were bestowed upon the

professorZ and there was a ban6uet for which the su&tan+s other had

sent one thousand dinars to defray the costs; Quhibbi stated that the

inauguration was the Rrst cereony of its 8ind9 un8nown in Tur8ey

up to that tie9 +because the professors of &aw in their country are not

fai&iar with that i;e; with the custo of the inaugura& &esson; The

professor of &aw sip&y sits a&one in a p&ace in which no other uris4

consu&ts are present9 and on&y the student who recites the &esson of &aw

and his c&assates are aditted9 and no one other than the professor+s

students are in attendance J ; C

The inaugura& &ecture had the function of disp&aying the 6ua&iRca4

tions of the new professor9 the extent9 depth and 6ua&ity of his 8now4

&edge; Attended by the great urisconsu&ts9 the city+s notab&es and high

o\cia&s9 it was soething in the nature of a test for the new professor

who had to a8e a good showing of his ta&ents; -or the ta&ented9 it was

an opportunity for ac6uiring a good reputationZ for the &ess ta&ented9

it cou&d be an ordea&; This situation is brought out in a passage in

Nu+aii+s Kdris on institutions in Kaascus regarding the ta&ented

aster4urisconsu&t Ibn a:4a&a8ani9 arch4eney of the no &ess

ta&ented Ibn Taiiya; The passage 6uotes Ibn 7athir on Ibn a:4

a&a8ani as a great aster +who was not stric8en with terror by the

nuber of &essons in the inaugura& &ecture9 nor by the nuber of

urisconsu&ts and en of einence in the audience Z on the contrary9

the greater the u&titude and ore nuerous the en of einence9

the ore the inaugura& &ecture was insightfu&9 bri&&iant9 charing9

persuasive and e&o6uent+; @H



Ibn a:4a&a8ani he&d any professorships and therefore had

occasion to give any inaugura& &ectures; "e was one of those pro4

fessors with u&tip&e posts @G who ust have been the target of Ibn

Taiiya+s scathing fatwa against that practice; @

@; Sources of Incoe

a; -ees fro Students

In the ear&y centuries of Is&a copensation for teaching cae9 in

part9 fro fees paid by the students; These fees soeties aounted

to great sus of oney over the student+s &earning careerZ those who

taught soeties ade great fortunes; Qore often9 however9 students

cou&d i&&4aord to pay the high fees9 and teaching scho&ars never

becae rich; Often enough9 there were students who &ived fruga&&y

during the &ong process of education Z and there were teachers who

bare&y e8ed out a &iving;

@@

panegyric

G YH T"1 S$"OLASTI$ $OQQ%NITD

Sa&9 of the tribe of Tai b; Qurra9 was nic8naed Sa& 5



7hasir9 Sa& the Loser9 because his father had &eft hi a &arge su

oney which he spent on &earning 0 . <

fro the ca&iph "arun ar4/ashic

coposed in his honour9 he proud&y ca&&ed hise&f Sa&

Sa& the Winner; @M

A&4A8hfash (d;G =@J! taught the *oo8 of Sibawaih in secret to

a&47isa+i9 @J and the &atter paid hi seventy dinars; @Y Quhaad b;

a&4"asan ash4Shaibani9 the faous discip&e of Abu "anifa9 was

renorted as savins that his father &eft hi thirtv thousand dirhes;

hadith and R6h; @

graar

onth&y incoe fro

aounting to one thousand dirhes; @ A&4Qubarrad



dirhe ner day for tuition9 ost

fro

being one to one and one4ha&f dirhes; The discip&e had proised to

continue paying that su the rest of the teacher+s &ifetie9 and was

said to have carried out his proise; Qubarrad he&ped aa get a

&ucrative position in the ca&ipha& court; @C %n&i8e soe teachers9

Qubarrad used not to teach gratisZ on the other hand9 he was said to

have given the students their oney+s worth and charged on&y what

he fe&t in conscience to be reasonab&e; MH

Students agreed with the teacher upon the aount of the fee to be

paid9 and this was in accordance with the nuber of students in the

group; In the fo&&owing case9 the students paid in advance9 and the

non4paying student was not a&&owed to attend the c&ass; Tanu8hi and

reeent

When



ore

uber; Kisissed fro

ha&&4way; *aidawi began to recite the &esson9 raising his voice so that

the student in the ha&&way cou&d hear hi; The ruse being detected9

the teacher had his aid4servant pound potash ( ushnan! in a ortar

vesse& to drown out the recitation; MG

Specia& accoodations were ade when oney was &ac8ing; A&4

"aadhani fre6uented the graarian ath4Thaanini+s asid9

West

raanan

Qu



+Why don+t you study graar (as a regu&ar student! B+ M +*ecause+9

"aadhani answered9 +you charge your discip&es ashab a fee9 and

I a unab&e to pay it;+ +Never ind9+ said Thaanini9 +you sha&& study

graar with e9 and I sha&& study &exicography with you;+ So

"aadhani studied Thaanini +s $oentary on 7itdb a&4Lua90 @ and

I; 'rofessors

Thaanini studied the Qua& of Ibn -aris; MM

G Y G

Teachers were sti&& paid fees even after the advent of adrasas and

other fu&&y endowed co&&eges which were &iited as to sta and

students; As &ate as the seventh =thirteenth century9 oney was sti&&

said to be usefu& because it c pays for teachers9 for boo8s9 for the care of

one+s &ibrary9 and for having boo8s written J 9 MJ 1ven &ater9 in the ninth =

Rfteenth century9 fees were sti&& being charged by teachers who taught

certain wor8s which they had astered; A North African who cae to

/a&a9 'a&estine9 was teaching the A&Rya of Ibn Qa&i8 (d;Y = GM!9

a graar in one thousand verses9 and charging one46uarter of a

dirhe for each verse; MY



Dahya b; Qa+in of *aghdad inherited ore than one i&&ion

dirhes9 a&& of which he spent in the study of hadiths; On being as8ed

how any he hise&f had copied9 he said9 six hundred thousand; It

was further rec8oned that the uhaddiths had written for hi twice

that nuber; At his death9 he &eft behind a great nuber of cases fu&&

of hadith noteboo8s; "e was a c&ose friend of the great uhaddith

Ahad b; "anba& under who he had wor8ed on the study of the

hadith sciences; M The 7oranic expert Quhaad b; ?aTar (d;@M =

CJC! was reported saying he earned three hundred thousand dinars

fro fees paid by students to study 7oranic science;

Soe teachers were re&uctant to accept fees for teaching the re&igious

M

sciences; In the case of the uhaddith Ibn an4Na6ur (d;MH = GH!9

this scrup&e &ed to hardship; Students of hadith 8ept hi so busy

teaching he had no tie &eft to a8e a &iving for his fai&y fro other

sources; Abu Isha6 ash4Shira:i issued hi a &ega& opinion dec&aring it

&awfu& for hi to accept fees; "e cou&d not have charged high fees9 for

he sti&& had to accept a&s ( :a8at!; MC Notices on such teachers as Ibn

an4Na6ur are not &ac8ing in the biographica& sources;

$ontroversy continued over whether professors shou&d co&&ect fees

fro students; Soe dec&ared it prohibited by the &aw (hara!9 as



did9 for instance9 )ha::a&i who said that professors shou&d eu&ate the

'rophet by not exacting payent for teaching9 re&igious 8now&edge

( c i&! being soething that shou&d be served9 rather than serve

others (fa +&4+i&u a8hduun wa4&aisa bi48hadiin!; JH 1&sewhere

)ha::a&i ade it c&ear that a professor cou&d accept payent fro

the co&&ege+s endowent for his &egitiate needs; JG

The fo&&owing case is an ausing contrast to that of Ibn an4Na6ur;

A student9 on his way to Qecca to perfor the pi&griage9 was

advised to study the Qusnad of Ahad b; "anba& and the -awd+id of

Abu *a8r ash4ShaR+i under the direction of Abu Ta&ib b; )hai&an

(d;MMH = GHMC!; "e went to Abu 0A&i at4Taii (d;MMM= GHJ!9 who

had the Qusnad of Ibn "anba&9 to study the co&&ection under hi;

Taii as8ed for two hundred go&d dinars ( i+atai dinar hur!; The

student cop&ained that a&& he had for the pi&griage did not aount

GH

I$ $OQQ%Nir

if Taii wou&d

hi an ia:a for the wor8; Taii said the fee wou&d then be twenty

dinars; )iving up9 the student went to see if he cou&d study under Ibn

)hai&an; Ibn "aidar (d;MYM= GH G ! to&d hi that the hadith4expert



was sic8 with an intestina& ai&ent; On as8ing what the an+s age was9

he was to&d one hundred and Rve; The student thought of putting o

his pi&griage for a whi&e9 fearing that it ight be otherwise too &ate

to study with the great uhaddith; *ut Ibn "aidar encouraged hi

to perfor the pi&griage without fear and guaranteed Ibn )hai&an

to be sti&& a&ive on his return; 'u::&ed9 the student as8ed how he cou&d

be so sure9 given the age of the an; The answer was that Ibn

)hai&an had one thousand dinars9 in ?a+fari go&d9 which were dai&y

brought to hi and poured into his &apZ ust turning the over

with his hands brought his strength bac8 to hi; J Apparent&y Ibn

)hai&an+s fee wou&d not have been a &ow one;

These anecdotes9 which need not be ta8en &itera&&y9 are neverthe&ess

indicative of the ties; Soe teachers were successfu& in their teaching9

others unsuccessfu&9 or re&uctant to charge high fees; That such anec4

dotes cou&d be exaggerated9 and shou&d be ta8en cu grano sa&is9 is

i&&ustrated by what Abu Isha6 at4Tabari (d;@C@ = GHH@ ! is reported to

have said , +Whoever says that soeone has spent9 in the pursuit of

re&igious 8now&edge9 one hundred thousand dinars9 other than a&4

A8fani d;MHJ = GHGM is a &iarP+ J@ This anecdote serves to show that

great sus of oney cou&d be expended9 and that such cases of expense9

true in these&ves9 &ed to other c&ais soewhat exaggerated;

b; 'ensions

'ensions were oered by the sovereign to urisconsu&ts9 &earned en

genera&&y9 and students; [adi Abu Dusuf9 a faous discip&e of Abu

"anifa9 received an iportant su of oney fro the ca&iph "arun

ar4/ashid9 in addition to the onth&y pension accorded to uris4

consu&ts; JM The u&aa were receiving such payents ear&ier under the

%aiyads9 "asan a&4*asri ( d; G G o = ! being aong the recipients; JS



The ca&iph a&4[adir (ca&iphate, @G4M =CCG4GH@G !9 whose nae

was appended to the faous [adiri $reed9 a re&igious anifesto

against radica& shi+is9 and rationa&istic Qu+ta:i&is and Ash+aris9 J Y

en&isted the services of the Qu+ta:i&i scho&ar 0A&i b; Sa+id a&4Ista8hri

(d;MHM = GH GM! to write a tract in refutation of the doctrines of *atin4

is9 for which the ca&iph recopensed hi with a handsoe pension9

transferring it to the daughter when her father died; J

a ?? a ? (d;@GG =g@!9 a&ready entioned above9 was so high&y

Qu

copanions

approxiate&y

hundred dinars; These pensions were standard procedureZ it is there4

any



I; 'rofessors

GY@

recipients9 but not a&& succeeded; Y On the other hand9 not a&& &earned

en

freedo of speech; Soe

having incurred the disp&easure of their patrons; Abu aid a&4*a&8hi

fro

exap&e of a scho&ar whose regu&ar eo&uents



service

eo&uents received often consisted in issuing accoodating

en

The ce&ebrated phi&osopher a&4-arabi in the ear&y part of the fourth =

tenth century9 at the court of Saif ad4Kau&a (regency, @@@4JY=

CMM4Y!9 was receiving fro the treasury (bait a&4a&! four dirhes

dai&yZ that was a&& he wanted; YG

oe

se&ves9 but in order to distribute the aong their students; Such was

the case with Abu +G4"usain a&4*a&8hi (d;@MH=CJG !; Others gave of

their &arge incoes to the needy; Abu Quhaad a&4"aadhani

(d; GH=J!9 a "anaR urisconsu&t9 who was credited with introduc4

ing the uridica& doctrines of Abu "anifa into Isfahan9 had a year&y



incoe of one hundred thousand dirhes; In spite of this &arge su9

he was said never to have had to pay the a&s4tax on it because he

gave it away in stipends to needy traditionists and urisconsu&ts; Y

c; 1ndowed Sa&aries

The onth&y professoria& sa&ary in the adrasas of *aghdad in the

Rfth = e&eventh century was usua&&y ten dinars; This was ha&f the

aount paid to a physician of the fourth =tenth century; Y@ There are

no extant deeds of wa6f for these centuries in *aghdad9 YM &et a&one one

with a budget for the institution and its beneRciaries; On the other

hand9 Nu+aii has preserved the fo&&owing budgets fro the deeds of

three Kaascene institutions of the sixth9 eighth and ninth centuries

(twe&fth9 fourteenth and Rfteenth of our era!;

Soe

adrasa



dirhes

Qutawa&&i GHc

(na:ir9 na:ar!

'rofessor of Law YH dirhes

(udarris9 tadris!

Qats Con

@HH dirhes

&aps M dirhes

$areta8er

$aiL c aa&a

dirhes



Leader of the 'rayer MH dirhes

ia9 iaa

GYM

QQ%NI

-e&&ows 4 GH in nuber (each! H dirhes

(fu6aha+9 sg; fa6ih!

adi

who had cop&eted the basic course of four years as utafa66ih9 and

had passed on to the &eve& of fa6ih; A&& ten were addressed as +shai8h+9



sae tit&e given to asters

aditted ! ;

Shaiya $o&&ege of Law Intra4Quros

96f instruent of this ShaR+i adrasa instructed the u

ibute the incoe bv seeing Rrst to the needs of the co&&e

&ap

sary; The reainder of the incoe had to be divided aong the

stipendiaries each according to his worth as deterined at the dis4

cretion of the utawa&&i after he a&&otted hise&f ten percent9 and

after JHH ( dirhes ! were set aside annua&&y for apricots9 watere&on9

sweeteats for the night of id4/aadan; "e cou&d further increase

the nuber of ShaR+i wor8ing (ushtaghi&un! fe&&ows and scho&ars9

or decrease the in accordance with the increase or decrease of the

endowent incoe; YY When the endowent incoe increased9 the

utawa&&i had the option of increasing the nuber of these scho&ars

and fe&&ows9 or of distributing the increase aong those entit&ed to

receive the incoe; Y Therefore the nuber of students was not a

constant in this institution9 but rather depended on the revenues and



on the discretion of the utawa&&i;

@ ! The Tan8i:iya $o&&ege for 7oran and "adith

This co&&ege was founded by Tan8i: (d;MG = G@MH! in = G@; Y

'rofessor of 7oranic Science and Ia G H dirhes

(Shai8h a&4i6ra+9 Qashya8hat a&4I6ra+

and Ia9 iaa!

@ 'rofessors of "adith ( each ! G J dirhes

( Shai8h a&4hadith9 Qashya8hat a&4hadith !

G Students of the 7oran (each! ;Jodirhes

(a&4Qushtaghi&(un! bi +G4[ur+an9

sg; a&4Qushtaghi& ; ; ; !

J Students of hadith ( each ! ;JH dirhes

(a&4Qustai+un9 sg; a&4ustai+!

Attendance 7eeper

(8atib a&4ghaiba9 8itabat a&4ghaiba!

GH dirhes

Que::i



dirhes

u

The )ate8eeper

(bauwab9 biwaba!

The Supervisor of -inances

dirhes

dirhes

G YJ

MH dirhes



MH dirhes

@H dirhes

JH dirhes

H dirhes

L 'rofessors;

The *oo88eeper

(sahib ad4diwan9 sahabat ad4diwan!

The Superintendent

( a&4usharif9 a&4usharafa !

The $ustodian

(a&40ai&9 a&4 c aa&a!



The $o&&ector of /evenues

(a&4abi9 a&4ibaya!

The Notary of the $onstruction $ontract

(shahid a&4+iara9 shahadat a&4

The -orean of $onstruction

(ushidd a&4+iara9 shadd a&40iara!

The Qaster4Qasons

(a&4i+ariya9 sg; i+ari!

The Keputy4Qutawa&&i

(niyabat an4na:ar9 na+ib an4

The Qutawa&&i

(an4na:ir9 an4na:ar!

M! The -arisiya $o&&ege of Law

This ShaR+i adrasa was founded in H = G MHJ; Its deed of foundation

stipu&ated the fo&&owing stipends for its beneRciaries (each9 per

"ara !

H dirhes



G J dirhes

MH dirhes

na:arZ

G HH dirhes

on

'rofessors of Law

(udarris9 pi; udarrisun!

GH Students of Law

(fa6ih9 pi; fu6aha+!



G o Students of the 7oran

(u6ri+9 pi; u6ri+un!

G J Orphans to study the 7oran

(yati9 pi; aita!

Qore Students of the 7oran

dirhes

dirhes

dirhes

dirhes

dirhes

&eentarv G > dirhes



aong

the; The rest of the incoe fro the endowent was to be a

the descendants of the founder; YC Notice here that the co&&ege aditted

up to ten &aw students designated as fa6ihs; As in the case of the pre4

vious&y entioned c Iadiya $o&&ege9 these &aw students were graduate

fe&&ows who were ab&e to +read+ &aw under the co&&ege+s two ShaR+i

adhabs

a&aihia

u&ui ina +G4adhahibi

M; Instabi&ity of Incoe and /esort to Abuses

a; Instabi&ity of Incoe

There were scho&ars who taught without su\cient eans of sub4



sistence; Abu "assan a:4iyadi (d;M = JY!@ a traditionist and uris4

GYY T"1 S$"OLASTI$ $OQQ%NITD

consu&t9 a ghu&a of Abu Dusuf9 had been a 6adi origina&&y

reoved fro o\ce; Kestitute9 he began to issue &ega& opin,

os6ue near his hoe9 where he a&so taught &aw and hadith;

soe

"e

owned and fe&& into great debt; G

Abiwardi (d;MJ=GH@M!9 a ShaR+i urisconsu&t9 discip&e of Abu

"aid a&4Isfara+ini began as 6adi9 was reoved fro o\ce9 taue4ht

West



Qos6ue of Qansur

fatwas; The biographer says that he patient&y endured poverty9

ii

soe tie

in such poor straits Rnancia&&y that he was forced to se&& his hoe; @

On the other hand9 there were soe professors who were wea&thy;

Abu Qansur 5Abd a&4[ahir b; Tahir a&4*aghdadi (d;MC=GH@!9 a

theo&ogian and urisconsu&t9 author oia&4-ar6 bain a&4Rra69 was said to

have taught seventeen dierent subects; "e had studied &aw under

Qos6ue of c A6iL Not c

onetary gain fro it

scho&ars and students; M



i

b; 1be::&eent of 1ndowent Incoe

@ = G GC9 Qihani9 the professor of &aw at th

disissed for ebe::&eent of endowent

sae year9 [ad

ebe::&ing endowent funds fro

Shrine $o&&ege of Abu "anifa where he was professor of &aw; The

revenue of this co&&ege was reported to be o9ooo dinars annua&&y9 but

an aount &ess than GH9HHH dinars was being spent on it; J

The teptation was great for soe9 under such circustances9 and

there was 8een copetition for the post of professorship in the co&&eges9

utawa



Q

Ni:aiya

issa&

Q

Q

Sa

cou&d have founded a co&&ege of his own;



ention

appointents9

e6uent disissa&s

appointent of A

i:aiya of *aghdad which &asted fro

of its foundation to the day he died9 seventeen years &ater; There is a&so

I; 'rofessors

GY

the extraordinari&y &ong tenure of Nur a&4"uda a:4ainabi to the

Shrine $o&&ege of Abu "anifa which &asted fro MY G = G HYC9 the second



year of its foundation9 to JG=GGG9 when the professor died9 his

tenure &asting soe Rve onths short of Rfty4two years; C "is pre4

decessor9 the Rrst appointee9 had died the second year of his appoint4

ent; H

Qatters ran sooth&y when professors were of this ca&ibreZ and they

ran sooth&y too when those in charge of the endowents were strong

adinistrators9 as in cases such as that of Shihab ad4Kin a&4Qa6disi

a&4*a c uni (d;GY = GMG@! under whose adinistration the wa6fs were

said to have been 8ept in order and students of &aw received stipends

which9 before hi9 had never reached the; G

c; Qu&tip&icity of 'osts

Ibn Taiiya censured professors ho&ding severa& professorships in

various co&&eges; +Aong those who have ta8en oney unust&y are

those who have sa&aries any ties ore than they need and those

who have ac6uired posts with big sa&aries then hired substitutes at

noina& fees to wor8 in their p&ace; J @ Ibn Taiiya was a&&uding here

to professors who were a&so adinistrators with severa& posts of the

type that can be run by a substitute (na+ib!9 the professorship of &aw

(udarris! being one of these;

0Sub8i9 in his Qu"d an4nfa9 critici:es the u&aa for their wor&d&i4

ness and cupidity9 and their predi&ection for &uxurious&y decorated

co&&eges with their rich endowents; M "aitai9 in his a&4-atdwd a&4

8ubrd9 entioned the case of -a8hr ad4Kin b; 0Asa8ir (d;YH = G@!9

in a censuring tone, +It is reported of -a8hr ad4Kin b; +Asa8ir that he

used to have a nuber of co&&eges in Kaascus in which he taught; "e

a&so had the Sa&ahiya $o&&ege in ?erusa&e9 residing in those of

Kaascus certain onths and in that of ?erusa&e certain other



onths of the year9 and this in spite of his re&igious 8now&edge and

piety; @J "aitai went on to say that; &ega& opinions were so&icited

regarding a professor appointed to two co&&eges (adrasa! in two

dierent towns at an appreciab&e distance9 one fro the other9 as

wou&d be A&eppo fro Kaascus; A certain group of urisconsu&ts

issued &ega& opinions in favour of the &ega&ity of that practice9 provided

that the professor appointed a substitute to teach at the other co&&ege;

In favour9 were urisconsu&ts of a&& four Sunni schoo&s of &aw9 of who

"aitai &isted the ShaR+is by nae; Another group issued &ega&

opinions opposing the practice; "aitai opted for this position as

being the ore see&y one (a&4ashbah!9 on the basis that the pro4

fessor+s absence fro one of the co&&eges in order to be present at the

other did not constitute a &ega&&y va&id excuse; Y

The practice of ho&ding u&tip&e posts was widespread; The "anaR

urisconsu&t a&4"usain b; Ahad a&4Da:di (d;JCG = G GCJ! is reported

as having had appointents in e&even or twe&ve adrasas with a tota&

G Y T"1 S$"OLASTI$ $OQQ%NITD

Shas

of the



appointents

Wednesdays; When Ibn 7ha&&i8an cae to Kaascus he was

appointed 6adi and given the trusteeship of the wa6fs9 of the %aiyad

Qos6ue9 of the hospita&9 and the professorships of &aw of seven

th

a&a8ani

nuber

Kaascus

iportant posts in the governent



directorship of the Nuriya "ospita&; CH

Attepts were ade to put a stop to this practice; The founder of

the Shaiya $o&&ege of Law 1xtra4Quros ade a stipu&ation in his

deed of foundation to the eect that its professorship cou&d not be

cobined with that of another; CG *ut these were iso&ated attepts that

had &itt&e eect on the practice;

Whi&e soe

d; Kivisibi&ity of 'osts

share one sing&e post; Soe professorships were divided into ha&ves9

soe

a divided professorship occurred in the Rfth = e&eventh century in

*aghdad; The two professors were Abu +Abd A&&ah at4Tabari (d;MCJ =



G G H! and Abu Quhaad a&4-ai ash4Shira:i (d;JHH=GGH!;

onths

Qad

Ni:aiya; They shared the chair according to an a&ternating

schedu&e9 one teaching one day9 the other the fo&&owing day; C@

Sub8i9 on the authority of Ibn /a:in (d;GH=G@GG!9 was against

this division of the professoria& posts; Such a practice was considered

harfu& to the &ep4a& education nf thp hi"3nt hproncp rEfthe3 r&iEr49T

ethods

+I:: ad4Kin a&4Ansari (d;Y=G@! and Shas ad4Kin a&4



Qa6d

Shaiya $o&&ege 1xtra4Quros

ofthe

the (6usiat

*adr ad4Kin a&4"asan b; "a:a (d; H= G@YC! taught in the

?

[ad

appointent to one and the sae



$o&&ege, one4ha&f of the professorship of &aw he he&d direct&y as the

principa& professor and the other ha&f indirect&y as substitute4

sii&

appointent

I; 'rofessors

GYC

one4ha&f as substitute4professor in the p&ace of his brother4in4&aw and

the other ha&f in his own nae; C Ta6i ad4Kin b; [adi EA&un ( d;C =

GJ! resigned one4third of the professorship of the Shaiya $o&&ege

1xtra4Quros in favour of Sira ad4Kin b; as4SairaR;. Such resigna4

tions were usua&&y done for a consideration (bi40iwal!9 the professor

soeties regretting not having as8ed an ade6uate copensation; GHH

Shas ad4Kin a&47ufairi (d;@G = GM!9 Ta6i ad4Kin a&4Asadi



(d;JG = GMM! and Ta6i ad4Kin a&4Libyani (d;@ = GM@M! shared the

professorship of &aw of the EA:i:iya $o&&ege in thirds (utha&a4

thatan!; GHG And in GJ= GMG 9 the professorship of &aw in the Shaiya

$o&&ege 1xtra4Quros was divided into fourths; GH

Tenures were contested and &ega& opinions sought in order to

despoi& soeone of his appointent9 or as in the above cases9 to share

the appointent; There was an actua& case (wa6i0a! cited in the

fatwa co&&ection of a&4-ir8ah; A professor had he&d an appointent in

a co&&ege of &aw for an unspeciRed period; "is right to it was contested

by his paterna& cousin who was e6ua&&y 6ua&iRed for teaching &aw

(and presuab&y had an e6ua& right of succession to the chair of &aw9

but no detai&s were given in the fatwa as stated ! ; The 6uestions were ,

Shou&d the incubent be ade to desist fro teaching because of

this e6ua&ity in copetence B Koes the incubent have the onus of

showing the eans he used to be appointed and why he shou&d con4

tinue to ho&d the appointent B The answer was in the negative on

both counts in favour of the incubent9 and three urisconsu&ts con4

curred with the opinion given by 0A&i b; ash4Shahra:uri (d;YH=

GHJ!; GH@

Ibn Taiiya9 who censured those who too8 u&tip&e posts with

sa&aries beyond their needs9 and those who hired substitutes to wor8 in

their p&ace for a fraction of the poc8eted sa&ary9 was e6ua&&y concerned

for the underpaid professor as he was for the underpaid substitute; "e

recogni:ed the va&idity in &aw for such substitution (niyaba!9 but

re6uired that the substitute be of e6uiva&ent copetence as the scho&ar

hiring hi (ustanibuh!; GHM

The fo&&owing fatwa9 issued a&so by Ibn Taiiya9 dea&t with a



sii&ar 6uestion invo&ving both professors and students; The founder

had set up a trust for a co&&ege of &aw a8ing the fo&&owing stipu&ations

in the deed , ( G ! no one was to reside in the co&&ege who had a position

e&sewhere with a sa&ary or an a&&owanceZ (! no one was to beneRt

fro its incoe who had a sa&ary fro another post e&sewhereZ and

(@! each student (ta&ib! was to have a deRnite a&&owance; The

6uestions put to the urisconsu&t were as fo&&ows, Were these stipu&a4

tions va&id B If so9 what wou&d happen if the revenue of the trust

decreased9 and each student did not receive the a&&owance stipu&ated

for hiB $ou&d the utawa&&i annu& the stipu&ation in 6uestion or

notB If the udge (ha8i! passed favourab&y on the va&idity of the

0?

GH T"1 S$"OLASTI$ $OQQ%NITD

trust as stated9 cou&d the stipu&ation be annu&&ed B

Ibn Taiiya+s answer was that9 to begin with9 if the trust was set up

for the sa8e of )od9 then it was va&id; If the incoe of the trust

decreased9 the student cou&d see8 the dierence fro another source9

because an ade6uate reuneration for students of re&igious 8now&edge

was not on&y a &ega& ob&igation9 but a&so a universa& good which en



cou&d not do without; The utawa&&i shou&d not prohibit the students

fro see8ing the dierence in a&&owance fro another source; This

wou&d not be an inva&idation of the founder+s stipu&ationZ but rather

a suspension of it at a tie when it cou&d not be executed because of

insu\cient incoe; -unds for students of re&igious 8now&edge

be&onged in the sae category as funds paid to cobattants and

u&aa fro war booty ( fai+ ! Z they are not &i8e wages for a wor&d&y

activity9 nor &i8e rents for wor&d&y things; Lega& ob&igations shou&d be

dropped when ipossib&e of accop&ishent; GHJ

J; Accession to 'rofessoria& 'osts

Accession to the post of professor was nora&&y through superior

6ua&iRcations; *efore the advent of the &icence to teach9 it was upon

the recoendation of the candidate+s professor9 or the genera&

consensus of the &oca& u&aa; These considerations sti&& prevai&ed after

the advent of the &icence to teach; In the best tradition9 the ost

6ua&iRed was chosen to assue a professoria& chair when it becae

avai&ab&e; This was deterined by the candidate+s reputation as a

disputant; Often the choice fe&& upon the best discip&e of the retiring

professor9 but there were other considerations which cae into p&ay;

a; *y Line of Kescent

One of the ear&iest custos regarding succession in the os6ue4

co&&eges and adrasas9 particu&ar&y when these were founded by the

professors these&ves9 was to stipu&ate that the post of utawa&&i and

udarris shou&d be reserved for the descendants of the founder9 soe4

ties with the condition that the posts shou&d go to the ost 6ua&iRed

aong the; A previous instance of this custo was that of Ia a&4

"araain a&4?uwaini who succeeded to his father+s os6ue4co&&ege

upon the father+s death9 the son being on&y eighteen years of age; GHY



The ca&iph fo&&owed the sae princip&e whenever the copetence of

the sons ade it possib&e; Abu @ G4)hana+i b; a&4)hubari (d;M@C=

GHM! succeeded to the teaching posts he&d by his father9 upon the

&atter+s death9 in the Qos6ue of Qansur and the Qos6ue of the

$a&ipha& 'a&ace; GH Li8ewise9 Abu Nasr b; a&4*anna+ (d;JGH=GGGY!

succeeded to his father+s two posts GH in the sae two Qos6ues; *ut

a&47a&wadhani+s chair was given by the ca&iph to the discip&e9 Abu

*a8r ad4KinawariZ the sons of 7a&wadhani were too young for con4

sideration; GHC The wa6f deed of the Qadrasa 0Asruniya9 founded by

Ibn +Asrun (d;JJ = G GC!9 stipu&ated that the professorship of &aw be

reserved for the progeny of the founder9 and that those aong the

II; Students

GG

not yet 6ua&iRed shou&d be provided with a substitute to teach in their

p&ace; GGH In = GMM9 the chief 6adi of Kaascus9 Na ad4Kin b;

a&4"ii9 resigned fro the professorship of &aw of the Shaiya $o&&ege

GGG



GG

1xtra4Quros in favour of his son who was but two years of age;

b; *y Sa&e

Nu0aii (d;C=GJG! cites9 in his history of co&&eges9 any cases

where the incubent professor resigned his post in favour of another

person; It is c&ear that this type of resignation was often done for a

price; This happened with ad4Ki&i (d;@=GM@J! who gave up his

post as head and utawa&&i of the 7han6ah of 7hatun in favour of

Wa&i +d4Kin b; [adi +A&un (d9 = GMY! for +a good aount J 9 then

regretted having done so;

c; Other Abuses

The Kaascene Abu Shaa9 professor of &aw9 historian and bio4

grapher9 coposed a &ong poe of one hundred and eight verses on

the abuses of endowed co&&eges in his day; "e wrote the poe in

answer to his critics who censured hi for withdrawing fro his post

as a co&&ege professor of &aw; "e had turned to his property9 cu&tivating

the &and and restoring the bui&dings; "is chief cop&aints were that

it was no &onger possib&e for an honest &earned an to a8e a &iving

teaching in the co&&eges; Those who beneRted fro the endowed

co&&eges were scoundre&s devoid of &earning9 or se&f4see8ing sycophants

currying the favours of founders; Abu Shaa said that before he too8

to the ti&&ing of his &and9 the cupboards were epty and his fai&y

went hungry; *y wor8ing his &and he was ab&e to feed his fai&y9 R&&



the cupboards9 give to the needy at his door and provide for the birds

of the air besides; "is advice to the see8er of 8now&edge was to ta8e up

a craft to &ive by so as to 8eep his se&f4respect and to preserve the

sanctity of his ca&&ing as a professor of re&igious science9

Sa8hawi (d; CH = GMC!9 in his biography of &earned en of the

ninth = Rfteenth century9 describes ain ad4Kin "ii b; c Abd A&&ah

ar4/ui as a urisconsu&t at the head of the Turba ahiriya9 outside

of $airo9 cop&ete&y devoid of &earningZ but he he&d his position

because of connections with the Tur8s c as is the case with others J ; GGM

GG@

0>i

II; ST%K1NTS

I

i; $&assiRcations

Students were c&assiRed in various ways , ( G ! by re&ative &eve&s of

studentshipZ (! as stipendiariesZ (@! as foundationersZ and (M! as

participants in c&ass;



a; *y /e&ative Leve&s of Studentship

There were three re&ative &eve&s of studentship , (G! ubtadi J (pi;

ubtadi+un!9 beginnerZ (! utawassit (pi; utawassitun ! 9 inter4

ediateZ and (@! untahin (pi; untahun!9 terina&; GGJ

The third of the genera& &eve&s is designated as +the highest c&ass @ in

G T"1 S$"OLASTI$ $OQQ%NITD

an anecdote invo&ving the Sub8is9 father and son; The father wanted

his son to study &aw under the great a&4Qi::i who9 perhaps out of

deference to the father9 wanted to p&ace the son in the highest c&ass

t

(at4taba6a a&40u&ya!; The father9 obecting9 wanted his son to be

p&aced with the beginners (ubtadi+un!; Khahabi said in protest

that the young Sub8i be&onged to a &eve& higher than that of beginner;

The father sett&ed for the interediate c&ass (utawassitun!; GGY

b; As Stipendiaries

Within these three genera& &eve&s9 other &eve&s were deterinab&e by

the aount of the students J stipends; This further reRneent of &eve&s

was discussed and ustiRed in a &ega& opinion by Ta6i ad4Kin as4

Sub8i which fo&&ows9 in substance, GG

Law students are ran8ed according to three c&asses9 as is the case

in this9 the Shaiya $o&&ege9 and other co&&eges; If such a ran8ing



is owing to the founder+s stipu&ation9 as is the case in the Shaiya

$o&&ege 1xtra4Quros9 then it shou&d be fo&&owedZ but if not9 as is

the case in this9 the Shaiya $o&&ege Intra4Quros9 then the ost

preferab&e opinion is that it is not perissib&e to conRne a&&

students to these three c&asses a&oneZ for the 'rophet has said that

we were instructed by )od to treat peop&e according to the

position they occupy; Therefore when there is a &aw student who

be&ongs in the c&ass of twenty dirhes and another in the c&ass

of thirty dirhes and a third who fa&&s between the9 above

the Rrst student9 but be&ow the second9 to have hi oin either of

the two &eve&s wou&d be to p&ace hi at a &eve& which is not his

own9 and thus go against the 'rophet+s dictu; "e shou&d rather

be p&aced between the two of the9 for that is his &eve&; The &eve&s

of &aw students go fro the &east of portions to the ostZ and it is

up to the utawa&&i to do his best in a8ing a udgent as to the

exact &eve&; GG

c; As -oundationers

uta



ut

utafaa6ih was the undergraduate student of &aw; This ter

ention

as

identiRed by the aount of the stipends they were paid; The ter

utafa66ih is the active particip&e of the verb tafa66aha9 fro the root

f6hy eaning, to &earn the science of &aw9 to app&y onese&f to the

ac6uisition of &aw (R6h!; The ter fa6ih was app&ied to the graduate

student as we&& as to the accop&ished urisconsu&t; In the &atter sense9

every fa6ih was both &awyer and urisconsu&t9 one who 8nows the &aw

ters u

u



terina&

II; Students

G@

a&4untahunZ (! fa6ih designated the student of &aw beyond the

terina& and up to the &icence to teach &aw and issue &ega& opinions;

In a &oose sense9 however9 the ters were used interchangeab&y9 a

practice that raised soe prob&es regarding the interpretation of a

deed of wa6f; A &ega& opinion of Ta6i ad4Kin as4Sub8i on a case of this

ters; "e

substance ,



ter utafa66ih ay

ubtadi

6asi a&4fa6ih; The ter ay

an

stateent of the iurisconsu&t Abu "a

Isfara+ini 4 +When we Rna&&y Rnish our studies of &aw we sha&& be

dead J &aa tafa66ahna itna 4 for R6h is a sea without con4

Rning shores; There is not a urisconsu&t these days9 or in the

recent past9 who has not coe across 6uestions that have given

hi grey hairs9 and it can therefore tru&y be said of hi that he

is a student9 sti&& &earning the &aw yatafa66ah; Therefore the



ter u

dissii&arity

eaning9 but one in ters

ade

Shaiya $o&&ege Intra Quros &iited the nu

ut

en9 +aong the the repetitor (u0id! of the co&&ege and the ia

ue::in



the 6aiyi+; GH According to the terino&ogy of the deed9 the

u id ! and the ia

udarris

uta

GG

fa66iha9 because he is of a higher ran8 ( &i4annahu arfa0u rutbatan ! ;+

In connection with a rear8 regarding the function of the repetitor9

Sub8i said that it was incubent upon the utawa&&i of the co&&ege

to give hi a preference consistent with his erits 4 erits based on

6ua&iRcations discussed previous&y 4 and the fact that his function was



the

ters

ties; Ibn c A6i&9 in his WadiR9 ade the fo&&owing rear8

G this is the sort of criticis regarding which any fu6aha J ( sg

i

are unindfu& who have not concerned these&ves with thi

; &et a&one the utafaaaiha J ; G@ a8iner the distinction 6uit

c&ear;

opion

"e



a co&&ege of &aw which was +founded for the beneRt of fu6aha. and uta4

GM

QQ%NI

fa66iha9 and in which an endowent was estab&ished for its fu6ahdB

and ut6fa66iha C V GM

$ertain ters were used in connection with the terina& c&ass of

students9 ca&&ed a&4untahun9 who were Rnishing their studies and

be&onged to at4taba6a a&4 c u&ya9 the highest c&ass; In connection with

the Rrst ter9 a&4untahun9 there were two verbs9 one in -or iv9

anha9 and another in -or v9 intaha9 both of which derive fro

the sae radica&s9 nhy; The verb anha was used in both an intransitive

as we&& as the usua& transitive senseZ whi&e intaha was used in the

intransitive sense; Writing about the iurisconsu&t c Iad ad4Kin a&4

aii said that he cae



Quros; Its professor of &aw9 Shas

9 directed hi in the terination of

Shaiy

terinated hi!Z "isbani then becae a constant associate

(&a:aa! of -a8hr ad4Kin a&4Qisri unti& the &atter authori:ed hi to

issue fatwas ( hatta adhana &ahu bi J &4ifta+ ! Z he then went on to teach

&aw (darrasa!9 issue &ega& opinions (afta! and ipart usefu& 8now4

&edge as assistant (afada!9 a&& of these functions being those of an

accop&ished urisconsu&t; "e then substituted for (naba +an! two

professors of &aw; "e was one of those who attac8ed Ta ad4Kin as4

Sub8i and despoi&ed hi of his professorship of &aw in the Ainiya

a&so he&d the professorships of the I6ba&iya and ?aru8hiya

GJ

$o&&eges;

?aa& ad4Kin a:4uhri (d;oi = G@CC! and his brother terinated



their studies (anha! at the Shaiya $o&&ege in J=G@@9 and in

C & = P @ C3 his father9 a aster4urisconsu&t9 authori:ed the both9

a&ong with a group of student4urisconsu&ts ( fu6aha+ ! 9 to issue fatwas Z

that is to say9 six years intervening between the terination of &ega&

studies and the authori:ation to issue &ega& opinions; "is father then

gave up his professorship at the Shaiya $o&&ege in favour of his two

sons9 each being appointed to one4ha&f of the professorship; GY

terina&

ade

by Shas ad4Kin a&41

his education9 he said,

Shas ad4Kin a&4?urawi9 Shas ad4Kin as4Sanadi6i9 *aha J ad4

Kin b; Ia a&4Qashhad9 and I9 used to eet in the Ainiya

$o&&ege to wor8 on our studies; It happened that Sanadi6i had

written a ta+&i6a in one vo&ue on the Tanbih of Abu Isha6 ash4

Shira:i; "e then wanted to enro&& in the Shaiya $o&&ege

1xtra4Quros in the c&ass of iftaE So he went to [adi Shihab ad4

Kin a:4uhri and broached the subect with hi; The answer



was, +Not unti& you have written; J "anding hi the vo&ue he

had copi&ed; Sanadi6i said9 +Ta8e this and as8 e on anv Kart

II; Students

GJ

of it9 for I have not written a thing in it that I cannot recite to you

fro eory;+ The professor did so9 and Sanadi6i answered a&&

perission

Qy

ue



Ia a&4Qashhad

? ur ?

the a&& as having terinated their &ega& studies anna &i

ai

When

edieva&

this phase was that of suhba9 the student becae a sahib9 fe&&ow9 of the

professor of &awZ &ater9 this phase was referred to as the c&ass of ifta+9

taba6at a&4ifta+; Thus the terina& c&ass iediate&y preceded the

ifta+ c&ass of &ega& education9 the period during which the student was

trained iri c research and disputation9 invo&ved in the issuing of &ega&

opinions and their defence; The student4urisconsu&t9 at this stage9



tie

who

opinions; On co

the process of arriving at &ega&

ifta J 9 the c&ass of apprenticing for the uftiship9 he was &icensed by

aster4iunsconsu&t to issue the

ters



d; As 'articipants in $&ass

ter a&4

ustai

student9 as stipendiary9 was ran8ed above the auditor; According to

the deed of the AshraRya "adith $o&&ege9 he was paid eight dirhes9

as copared to the four dirhes oaid to the auditor.0

Ters

ters

ta&ib (see8er of 8now&edge!9 pi; ta&aba9 tu&&abZ and ti&idh9 pi; ta&a4



idh9 ta&aidha; *oth ters

genera&&y; The ter ti&idh further connoted the eaning of

soeties

ut

for &aw students; The specia&i:ed hadith student trave&&ed in search of

transitters of hadithsZ whence the use of the ter ta&ib9 a see8er9

pursuer; The verb ta&aba was used particu&ar&y in connection with

& i& and hadith9 to see89 to pursue9 re&igious 8now&edge9 hadith;

; Soe Aspects of Student Life



a; The Id&e Student

Sub8i+s Qu"d an4ni+a he&ps to for a c&ear iage of the Qus&i

student in the Qidd&e Ages; When spea8ing of the ob&igations of the

terina& student ( a&4untahi ! ; be&oneinp4 to the c&ass that &>r&c trx

GY

KLASTI$ $OQQ%NITD

ust participate in disputations ore

reain

terina&

ore



then he wi&& not have praised )od as "e deserves to be praised for the

favours bestowed upon hiE. In other words9 the student ust do

the wor8 expected of his &eve&9 not on&y for his own beneRt9 but a&so for

incubent upon hi

ore

fro

endowent

hi fro the incoe

terina&

uRd9 and before that9 with the u



two posts occupied by graduate students in the suhba4period of their

terina&

the uRd9 and the &atter9 a step be&ow that of the u+id; G@H these two

posts ay be copared to those of the odern +teaching fe&&ows+ or

assistants+9 he&d by graduate students wor8ing towards the doctora&

degree;

/egarding the &aw students genera&&y in the co&&eges (fu6aha+ a&4

G

adrasa

uch



ance9 un&ess they have an excuse for being absent9 va&id in the eyes of

the re&igious &aw ( i&ia bi4+udhrin shar+i ! i Sub8i was insisting here on

the student doing his ob in order to be tru&y entit&ed to his share of

endowent incoe

any

any

cobined

fessorships; G @

Sub8i critici:es the id&e or de&in6uent student who chats with his

neighbours during the recitation of the 7oran; In doing so9 the student

not on&y fai&s to recite the 7oran9 but is a&so in danger of engaging in

s&ander; The recitation of the 7oran is one of his ob&igations as stipu4

&ated in the deed of the endowed institution; -ai&ing to do this he



copounds his wrong4doing by engaging in s&anderous ta&8; There

is a&so the student who does not &isten to the poet singing the praises of

the 'rophet (a&4adih!; "e often has opened a boo8 in which he

reads9 not paying attention to what the professor is sayingZ on the

contrary9 he ta8es a seat far away fro hi so that he cannot hear

hi; Such a student does not deserve any part of his stipend9 nor does

t

fro

his presence in the c&assroo; G@@

hi

II; Students

/ear8s ade fcr



G

soe

nteeis

ob&igation of aiing for the truth; "e ust not report anyone who has

not attended c&ass before see8ing the reason for his fai&ure to show up;

If the absent student has a va&id excuse9 the attendance48eeper shou&d

a8e a note of itZ but if he reports hi unfavourab&y without see8ing

the cause9 he has wronged hi by cheating hi of his rights; G@M On the

other hand9 if9 in return for a bribe9 he &ets the student o by fai&ing

to report hi9 then he has sure&y p&aced hise&f on the &edge of he&&; G@J

The ob of attendance48eeper was ade necessary because of the

stipu&ation in the deeds of foundation regarding absenteeis; The

de&in6uent student forfeited part or a&& of his stipend9 depending on

the extent of his absence;

There was a&so a post of attendance48eeper for hadith students

(8atib ghaibat as4sai+in!9 the above4cited 8eeper of attendance

being for the students of &aw (8atib a&4ghaiba 5a&a +G4fu6aha+!; The

forer had the duty of 8eeping an exact record of the naes of

students present9 being carefu& to detect those who were not ta8ing



down the hadiths in dictation; "e was not to report favourab&y on a

student who fai&ed to do so; If perissive in this regard9 he was gui&ty

coe

a

Sub8i was deep&y concerned about what he saw as the crisis of educa4

tion in his day; One of the sectors to which he devoted a good dea&

of his concern were the SuR novices of the onasteries; These institu4

tions9 &i8e other institutions of &earning9 were endowed pious founda4

tions based on wa6f; -ro about the idd&e of the sixth = twe&fth

century9 the nuber of SuR novices had u&tip&ied considerab&y9 and

their ran8s had becoe swo&&en with undesirab&es ta8ing advantage of

the growing nuber of foundations instituted in favour of SuRs; The

[adir a&4?i&ani

[adiriya9 naed



nuber of onasteries u&tip&ied

soe

criticis fro the u&aa9 notab&y fro the "anba&i po&yath

?au:i in the sixth = twe&fth century9 and the ShaR+i Sub8i in the E

forer

of the Kevi&! is devoted to SuR excessesZ and Sub8i devotes a &engthy

the in his Qu

Aictions



condeing SuRs

soe

any

opinions based on ignorance as to their true nature; This was because


of the great nuber of those who feigned to; be SuRs; "e cited the

ShaR+i urisconsu&t Abu Quhaad a&4?uwaini (d;M@ = GHM!9 as

dec&aring SuRs to be ine&igib&e for a charitab&e trust because they had

no set syste of ru&es to fo&&ow; Sub8i disagreed9 saying that a

charitab&e trust in their favour wou&d be va&id0 "e then went on to

describe the SuRs as those who had renounced wor&d&y goods and

who devoted ost of their tie to worshipping )od; "e 6uoted state4

ents of the ear&y SuRs universa&&y accepted by the u&aa9 nae&y

?unaid (d;CH =CH@!9 Abu *a8r ash4Shib&i (d; @@M= CMY!9 Khu +n4Nun

a&4Qisri (d;MJ =JC!9 0A&i b; *undar (a discip&e of ?unaid!9 Abu c A&i

ar4/udhbari ( d;@@ = C@J ! 9 and his own father9 Ta6i ad4Kin as4Sub8i9



n

of who said uch the sae

hi

After further 6uotations fro Abu +G4[asi a&4[ushairi and ?unaid

(+our ethod is based on the 7oran and the Sunna+ of the 'rophet!9

and after re&ating anecdotes on their c&oseness to )od and their

irac&es9 he goes on to dea& with those who pretended to be SuRs9

saying in substance, G@

Now that you 8now that the SuRs are a specia& peop&e in )od+s

creation9 you shou&d a&so 8now that there are certain peop&e who

have copied the9 but are not of the9 and it is this fact that has

created a bad opinion of the true SuRs; 'erhaps )od intended

this in order to 8eep concea&ed these peop&e who prefer anony4

ity; Qost of the true SuRs dec&ine ebership in onasteries9

eschew attachent to the ateria& goods of this wor&d9 preferring

to do without9 rather than accept stipends for see8ing and wor4

shipping )od; We try to eu&ate the by ca&&ing to ind their



exap&e; It is not they that we have in ind here; We are here

spea8ing of those aong the who are out for the ateria&

goods of this wor&dZ they have becoe open to scrutiny to the ;

extent of their ing&ing; -or9 as the poet said9 +If you &eave it

a&one you wi&& be safe fro those who c&ai it = *ut if you grab for

it9 you+&& have their dogs to dea& with;+ G@

ade

endicants of the onasteries

t the fa&se SuR ixes with thos

true vocation;

The SuR who has a true vocation is one who has turned his bac8

on the wor&d9 and turned to the service of )od; If the SuR endi4

cant entered the onastery to 8eep fro going hungry9 and to

use its faci&ities to he&p hi in the pursuance of his SuR status9

then he has done rightZ but if he did so in order to use it as a

eans to a ateria& eain9 if he does not renounce wor&d&y goods



ost of his tie

owent

II; Students

GC

in it is un&awfu& Z because the founder estab&ished his foundation

the

a8e

f SuR onasteries as a eans to wor&d&y possessions;



In the sha of their patched shabby garents they have nothing

in coon with SuRs of ora& character9 except the SuR guise;

Those peop&e are the iitation4SuRs of who ShaR+i says +big

eaters9 &a:y s&eepers9 and awfu&&y edd&esoe+; Of the a&so Abu

+G4Qu:aar b; as4SanVani d;MC= GHCY says, +)od save us fro

scorpions and ice9 and the SuR who has &earned the way to our

door+; And our professor Abu "aiyan has said of the, +1aters9

id&ers9 drun8ardsZ no honest wor8 or occupationP+ Others have

the, +Such a an is one who a8es

Is&a

the uu4shoe of the dervish and the tai& of his turban hangs

in frontZ and he is ost &i8e&y a native of 'ersia+; And of the the

poet said, +The SuR way is not the wearing of woo& in patches =

Nor is it your fa&se tears at the sound of SuR songs+;

They a8e use of onasteries as an excuse to don their counterfeit

arents9 to use drugs ( hashish ! 9 and engross these&ves in ac6uiring



=or&d&y goods; Sub8i invo8es )od to revea& their sha existence9

xposing the for everyone to see; "e than8s )od that aong the

here is the an who ta8es to the onastery so&e&y to cut o his

evote hise&f to

i9 to assist hi

and cover up his nudity; G

The SuR endicants v

@C

these&ves

onasteries



these&ves to )od in their hoes9 6uiet&y devoting these&ves

, wnnhin; *ut when one becae the beneRciary of a ona4

otives cae

incoe of the endowent

a8e

aong the &ayen

any

endicants



a8e

aong the endicants

on

teptation9 by accepting the patronage of en

eans to attract the support ot the asses

aong their fo&&owers;


@; -inancia& $onditions

Qore ay be &earned about the edieva& Qus&i student fro the

anecdotes dea&ing with atters re&ating to subsistence9 Rnancia& aid



wa6f stipends and the &i8e;

a; 'rofessors+ Support of Students

As a&ready entioned above9 under professors+ sources of incoe

O

onetary

aoner the oious and ascetic; Qore

fro

the

Abu "anifa was said to have supported his discip&e Abu Dusuf by



hi

hi

uhaddith Quhaad

3 have set aside a hoe for

out4of4town students (a&4ghuraba J ! of hadith and &aw9 providing

the

reported as giving one of his students Rve go&d dinars and a &i8e

aount



wi&& and testaent9 he &eft instructions for the uhaddith Ibn

7h

s

a&4Qa&i8 an4Nisaburi (d;MH = GH! adinistered an endowent for

the beneRt of hadith students9 consisting of boo8s be6ueathed by

forer professors9 and endowent incoe for the purchase of paper

and in8; "e received a&s fro notab&es and erchants which he

co

a a&4"araain a&4?

the fro



"e had coe into his inheritance at the age of twenty9 at the; death of

assu

[asi

a

Qos6ue and to the chair of hadith in the Nuriya "adith>$o&&ege9 in

Kaascus9 set aside his entire sa&ary for the Rnancia& support of those

cae to hi

AbuQansura&47haiyat (d;MCC= G GHY! wasiaoftheasidof Ibn

?arada in the sanctuary (hari! of the $a&ipha& 'a&ace 6uarter on

*aghdad+s 1ast Side9 where he &ived as an ascetic9 teaching the 7oran



to the b&ind; Not on&y did he teach without pay9 for the sa8e of )od9

but went out to beg for the in order to he&p the with their sub4

sistence; A&ost a centenarian at his death9 he was said to have taught

the 7oran9 throughout his &ong &ife9 to seventy thousand b&ind

students; GM [utb ad4Kin ash4Shira:i (d;GH=G@GG! was reported to

II; Students

GG

have spent his entire annua& incoe of thirty thousand dinars on his

students; GM Ibn ash4Sharishi ( d; CJ = G @C@ ! who he&d two pr^ fessoria&

chairs9 one at the *adara+iya $o&&ege and another in the %aiyad

Qos6ue in Kaascus9 fre6uent&y gave of his incoe to his students; GMC

Soa&soIbna&4"abbab(d;oo=i@C!; GJH

sa

students Rnancia&&y shows that such aid occurred &ong before9 as we&&



as &ong after9 the advent of endowed co&&eges; 1ndowed though the

co&&eges were9 endowent incoes were at ties far fro being

ap&e9 either because of fai&ure of crops9 or because of isappropria4

tion; 1ven under the best conditions9 endowed co&&eges cou&d

accoodate on&y a &iited nuber of students;

b; 'atrons Aong the 'owerfu&

$a&inhs; o\cia&s and notab&es were a&so aong the ear&y benefactors

oney

aong

Quhaad b; "asan ash4Shaiba oney to distribute aong his

students; GJG

In the year @GG=C@9 the wa:ir Ibn a&4-urat distributed funds

aong

"e



sus of oney to be spent on paper ( 8aghid ! ; It was said that no one

had done this before9 that is9 on an annua& basis; "e a&so used to set

out in his 8itchen (atba8h! and in his pa&aces (dur! eat9 sweet4

eats9 fruit and various refreshents9 as we&& as cand&es and paper9

oering these to visitors on a Rrst4coe4Rrst4served basis; It was a&so

said of hi that duriner his tenure as wa:ir9 the prices of cand&es9 ice

refreshents

fro o\ce

J

Qas&aa b; +Abd a&4Qa&i8 &eft in his wi&& instructions for a su of

oney to be disbursed to students of &iterature; GJ@ Wa6idi is 6uoted as

saying that he wi&&ed one4third of his estate for this purpose9 and



coen

its erstwhi&e practitioners J 9 GJM

-atiid

Qos6u

his wa:ir9 Da+6ub b; 7i&&is (d;@H=CCH!9 and estab&ished a&&owances

E r 9G r A i %i,>nv;xr&JJ

the fro

oney



the for these&ves9 as we&& as for distribution aong

and discip&es; They refused fro a sense of asceticis

stay c&ear of oney that wou&d coproise the in t&

adirers as bein too&s of the governent

en

?unaid


distributed aong his discip&es9 and he refused it; GJY

Abu "aid a&4Isfara+ini (d;MHY = GHGY! GY a successfu& professor of

ShaR0i &aw9 was said to have &ectured to a c&ass of &aw students nu4

V

bering seven hundred9 a very unusua& nuber indeed for a course on

&aw; "e was so high&y regarded by the governing power that its

iportant o\cia&s9 aong the the wa:ir -a8hr ad4Kau&a Abu



)ha&ib9 used to pay hi visits; Qessengers were sent to hi fro various

parts of the rea& carrying &arge sus of oney for hi to distribute

as a&s aong his fo&&owers; "e disbursed a onth&y a&&owance of

GYH dinars on the needy aong his discip&es; There were years when

he distributed aong the pi&gris to Qecca fourteen thousand

dinars; Sa&& wonder that he had so any &aw students attending his

&ectures; "is true discip&es9 those c&ose to hi9 were those who studied

under his direction at the asid ca&&ed the Qasid of 0Abd A&&ah b;

a&4Qubara89 naed after its founder the traditionist4urisconsu&t and

wea&thy erchant who died in GG = C9 a discip&e of the great Syrian

urisconsu&t Sufyan ath4Thauri and of Qa&i8 b; Anas; GJ Ibn 7hidr

( d; J = GMM!9 &ong after the advent of the endowed co&&eges9 was

receiving great aounts of oney for distribution as a&s aong his

students and the needy genera&&y; GJC

G

c; Qutua& Aid

Tanu8hi (d; @M=CCM! reported the case of student4urisconsu&ts who

poo&ed their resources in order to he&p a fe&&ow student; *ecause of his

great ta&ent9 the needy student attracted their attention9 and they

oined forces in order to supp&y hi with the funds he needed to

pursue his studies9 one hundred dirhes onth&y; The su was pro4

vided for a period of severa& years9 unti& he Rnished his studies and

returned to his hoe; GYH

I04

Abu Isha6 ar4/ifa0i (d;MG G = GHH!9 another youth in need9 arrived

in Wasit to pursue 7oranic studies; The ebers of the study4circ&e



provided hi with his subsistence; GYG "e returned in &ater years to

Wasit to succeed the professor who had died; GY

d; Wea&thy 'arents

The picture of the student that eerges fro the sources is one ain&y

of poverty and strugg&e to e8e out a &iving whi&e a8irig his way

through co&&ege; %n&i8e the adrasas which were9 at this tie9 on the

point of b&ossoing9 the asids had no stipends for students fro

endowent incoe9 reserved for sta and aintenance of the bui&d4

ing; Aong the students9 who genera&&y were in Rnancia& straits9 there

were wea&thy students who &ived in the &ap of &uxury; "aving wea&thy

parents9 they cou&d borrow easi&y through their professors9 fro the

&oca& erchants when che6ues were s&ow in coing fro hoe; They

cou&d easi&y aord to rent a house to &ive in9 with servant4gir&s to serve

and entertain the;

The fo&&owing two anecdotes9 preserved in the Qunfa:a of Ibn

II; Students G@

a&4?au:i9 a&&ow us to get a g&ipse of the rich student+s &ifesty&e soe4

tie around the turn of the third =ninth and the fourth =tenth

centuries;

The Rrst anecdote concerns a &aw student who9 on being issed by

his professor for a rather &ong period9 was suoned to see hi;



$oing before his professor9 the student exp&ained that he had

rerent&v nnrrhase;d a servant4eirL but de&av in receiving funds fro

hoe and ounting debts in the ar8et4p&ace forced hi

cae to rea&i:e the extent of his attache

i

se&f

then accopanied his student to the person who had bought the

servant4gir& fro the ar8etp&ace where the student had so&d her;

The gir& was returned to the student who was a&&owed to 8eep her price

fro hoe



Y@

The fo&&owing case invo&ves one of the students of a&47ashfu&i

Qas

Qubara8

fro hoe; "e co

fessor9 7ashfu&i9 who accopanied hi to a erchant

6uarter; The erchant was as8ed to a8e a &oan pending t&

of funds fro the student+s hoe; "e invited the to dir

servant



hi a receptac&e fro which he weighed twenty go&d dinars and gave

the to the student; 7ashfu&i than8ed the erchant and started out

with the student; On &eaving9 he noticed a change on the student+s

face; "e as8ed hi what was the atter; The student to&d hi that he

had fa&&en for the servant4eir&; /eturning to the erchant9 the nro4

hi +We have another prob&eP+ The erchant

servant

hi

sae

fro



The genera&ity of students were9 however9 &ess fortunate9 whether

fro

fro aong these students that soe

ade their ar8

i4Kaaghani (d;

tion in "anaR &a>

night aided by the guardsan+s &ap

The ca&iph a&4Qu6tadir+s son is reported to have seen hi once

studying on the ban8s of the Tigris9 in the shade of the riverside

pa&acesZ he gave hi a che6ue for food and had hi coe every

Thursday to pay hi a visit; Kaaghani wou&d use part of the che6ue

to buv boo8s on &aw; When the Sa&iua dvnastv too8 over fro the



G M T"1 S$"OLASTI$ $OQQ%NITD

*uwaihids9 he was ade chief 6adi and founded a dynasty of chief

6adis and 6adis; GYY

There was soe 6uestion whether reaching the heights of 8now4

&edge was ore di\cu&t an achieveent for the rich or the poor

student; The two sides of the controversy are i&&ustrated in the

opposing attitudes of the two Anda&usians9 Ibn "a: and Abu

J G4Wa&id a&4*ai (d;MM= GHG !9 who were sparring partners in dis4

putation; To ustify his fre6uent defeats at the hands of Ibn "a:9 a&4

*ai p&eaded poverty during his student days, +Dou wi&& excuse eZ

ost of y studying was done by the &ight of the night watchen+s

&aps+; To which Ibn "a: retorted9 +And you wi&& excuse eZ ost

of ine was done on pu&pits of go&d and si&ver J 9 eaning that &uxury

was a far greater deterrent to &earning;

No doubt9 consensus was ore in support of Ibn "a:+s opinion

than that of a&4*ai; When adrasas cae into being with their

stipends for students fro endowent incoe9 scho&ars dep&ored the

practice as one that was sure to do great daage to the true spirit of

&earning; Qadrasas9 they fe&t9 opened the ran8s of studentship to those

who were otivated ore by onetary gain than by their thirst for

8now&edge; GY The atter was put in the fo&&owing ters by Abu

Shaa in one of his unpub&ished wor8s9 a&47itdb a&4ar6u; "e spo8e

of those +who content these&ves with the outward appearance of &aw

students and the shouting that goes on aong disputants9 and who

say9 .Why troub&e ourse&ves when the endowent incoe of the



adrasas is in our poc8ets; JJ J GY

e; The 1ndowed $o&&ege

The nuber of students at the Qasid of Shira:i9 according to a&4

-ari6i J s autobiographica& note9 _uctuated between ten and twenty; GYC

*ut there were adrasas whose endowent a&&owed the utawa&&i to

increase or decrease the nuber of students9 according to the

_uctuations in the incoe and at his own discretion; Such was the

case &ater with the Shaiya $o&&ege Intra4Quros in the seventh=

thirteenth century; GH The nuber was therefore not a constant one;

At the Shaiya $o&&ege Intra4Quros9 there were apparent&y one

hundred resident students; A &ega& opinion deterined that the

founder had wanted to have the sae nuber in the Shaiya $o&&ege

1xtra4Quros; GG The nuber was far greater in the AshraRya

$o&&ege; According to the oney disbursed to the student beneRci4

aries annua&&y9 it had c&ose to two hundred and forty4Rve students9

both +wor8ing J and +auditing J (i;e; attending!;

/egarding a co&&ege whose enro&ent was not &iited by any

stipu&ation in the deed of foundation9 a fatwa was issued in answer to

the 6uestion , If9 in such a co&&ege9 the 6adi or the utawa&&i aditted

a nuber of resident students with assigned stipends tota&&ing an

aount e6ua& to the endowent incoe9 cou&d anv other resident

II; Students



GJ

i

that to do so was not &ega&&y perissib&e; Ta6i ad4Kin as4Sub8i con4

curred with his opinion9 provided the deed of the foundation assigned

su

sisted of ten &aw students the aounts of whose stipends were not

owen

incoe



ent is not &iited by stipu&ation 4 then there was nothing to prevent

other students fro being aditted as residents; G In which case;

aount

ii

to be reduced in years of fai&ing crops; -or instance9 in C=GMY9

[adi Shuhba9 enro&ent

Quros

0t0



fro

the previous year; In ost co&&eges9 no stipends were paid at a&&; G

Thus co&&eges were going concerns on&y when the harvests were

successfu&Z when they fai&ed9 co&&ege attendance suered according&y;

aounts

yste

ing based on the di&igence of students of the three usua& &eve&s9

ntered

aounts



one of his fatwas9 discussed ways in which disburseents cou&d be

ade; "e suggested the fo&&owingZ syste for the ShaR+i Shaiya

Quros , for the terina& student thirty dirhes

tered

rance Z

tie teri

terediate fro

These aounts c

op be&ow ten dirhes and rise above thirty; GJ The utawa&&i

u&d a&so decide to pay the highest &eve& fro sixty to forty dirhesZ

e interediate9 fro forty to twentyZ and the &owest &eve&9 fro



enty to Rve dirhes; GY

There were certain conditions under which the student cou&d have

payent

circustances

history of endowed co&&eges and continued down through the cen4

turies; An ear&y fatwa was issued by Ibn as4Sa&ah concerning this

atter; In a co&&ege founded for the beneRt of &aw students9 the

6uestion arose whether the fo&&owing students were entit&ed to

stipends fro the endowent incoe , ( G ! the student who did not

attend the course of the professor o_aw J(! the student who attended9

but did not recite fro eory9 or studyZ and (@! the student who

G Y T"1 S$"OLASTI$ $OQQ%NITD

wor8ed by studying a&one (i;e;9 without attending c&ass9 or being

guided by the professor or the assistants!;

Ibn as4Sa&ah answered the three cases as fo&&ows, ( i ! the student

who wor8ed in the co&&ege in 6uestion without attending the course9



was not entit&ed to a stipend9 the prevai&ing custo being that &aw

students had to attend the &aw course 4 the custo reained in eect

in the absence of a stipu&ation to the contrary in the deed of founda4

tionZ (! the student who attended the course9 and neither recited

fro eory nor studied9 was entit&ed to a stipend if he happened

to be a terina& student (untahin!9 and if the founder had not

stipu&ated the need to deonstrate that the &esson had been &earnedZ

so a&so was the student who &earned his &aw fro what he heard when

attending the course because he understood it and retained it9 but he

was not entit&ed if such was not the case , if he did not 6ua&ify in one of

these ways9 he neither be&onged to the category of graduates ( fu6aha+ ! 9

nor to that of undergraduates (utafa66iha!9 for who a&one the

foundation was estab&ishedZ (@! the student who did not attend the

course9 but conRned his wor8 to studying a&one9 was entit&ed to share

in the endowent incoe if he was a terina& student9 or was an

undergraduate who &earned fro attending the course but did not

study; G

The fo&&owing autobiographica& note by the faous uhaddith9

Nawawi9 is instructive in severa& respects; +When I was nineteen years

of age+9 he said9 +y father brought e fro Nawa to Kaascus in

YMC= G J G Z and I becae a resident of the /awahiya $o&&ege;+ This

residency was ac6uired for hi by the assistance of the faous

Kaascene ufti Ta ad4Kin a&4-a:ari ( d;YCH = G C G ! ; When Nawawi

was brought to -a:ari to wor8 under his direction9 -a:ari too8 hi

under his wing and sent hi to the /awahiya $o&&ege so that he cou&d

have a roo and receive a stipend ( a+&u ! ; T stayed for years+9 said

Nawawi9 +without &aying y side to the ground perhaps he eans,

hard&y s&eeping nights in order to study9 and y subsistence being

nothing ore than the stipend iraya of the co&&ege;+ G



Thus a student cou&d &ive in a co&&ege as one of its beneRciaries9

receiving roo and board9 whi&e studying under a professor e&se4

where; This was the 6uestion of tan:i&9 the right of residence9 a

6uestion that coes up fre6uent&y in the &ega& opinions of the uris4

consu&ts; The stipend of this particu&ar co&&ege9 as ip&ied by Nawawi+s

rear8 that he &ived on it a&one9 was a odest one; Notice a&so the

interchangeabi&ity of the ters for stipend9 a>&u and iraya;

-a:ari (d;YCH = GCG !9 under whose direction he studied9 had a pro4

fessorship in the *adara+iya $o&&ege9 according to Khahabi9 who said

that it was the on&y professorship he had; GC This stateent ip&ies

that its endowent incoe was a&so a odest one9 &i8e that of the

/awahiya $o&&ege; "e apparent&y had to send Nawawi for a residency

9n 4 4

III; 'osts9 Occupations9 -unctions G

in the /awahiya $o&&ege9 either because he did not as yet have the

professorship of the *adara+iya9 4 he was on&y J years of age when

cae to hi



Nawawi;

$opetition for residence ust have been strong9 if one is to udg5

by the fre6uency of discussions regarding its nature in the fatwa

tie

co&&ege stipends disbursed to its beneRciaries; G

H

III; 'OSTS9 O$$%'ATIONS9 -%N$TIONS

u



\

eatent

cou&d be hired by the incubent Z these were usua&&y the posts of uta4

wa&&i9 udarris9 6adi and 8hatib9 and soeties those of ia and

ra+is; The ter na+ib was coup&ed with that of the post invo&ved to

designate its ho&der; Thus there were the posts of na+ib an4na:ar9 GG

iaa

ters

u

itse&f was referred to as niyaba and identiRed by the post itse&f9 such

as niyabat an4na:ar9 niyabat at4tadris9 and so on;



Other posts besides that of utawa&&i were created for the anage4

ent of the foundationZ their ho&ders wor8ed together with the uta4

wa&&i9 under his direction9 or individua&&y in sa&&er foundations;

These were the posts of 6aiyi9 ushrif9 usharif or a na+ib4utawa&&i

wor8ing as acting utawa&&i in an interi period pending the

appointent of a utawa&&i; There was a&so the post of 8atib a&4

fatwa (pi; 8atabat a&4fatwa!9 a c&er8 whose ob it was to write the

fatwas of urisconsu&tsZ the post of uhdir9 a c&er8 who 8ept inutes

of the proceedings in a &itigationZ and the wa8i&9 a &ega& agent9 who

functioned as a court attorney; GJ

The co&&ege of &aw9 whether asid or adrasa9 usua&&y had on&y

one professorship9 and in an institution representing two9 three or four

adhabs9 on&y one for each; This situation accounts in part for the

pro&iferation of co&&eges for graduating urisconsu&ts aspiring to pro4

fessorshipsZ it accounts too for the 8een copetition for the posts

avai&ab&e; A&though patrons were generous in founding any

institutions9 yet there cou&d not be enough of the to accoodate a&&

concerned; Thus not a&& hopefu&s cou&d attain the top posts9 those of

utawa&&i or udarris9 a&& the ore certain&y since both posts were

often the; aranap4e of a sing&e nerso or the founder retained for hi4

of utawa&&i



becae

incubents


ho&ding u&tip&e posts9 as any as Rve9 seven9 nine9 as a&ready seen;

Qany urisconsu&ts9 often ore 6ua&iRed than the incubents9

becae assistants9 either as repetitors9 u0ids9 or assistants4at4&arge9

uRds9 a sort of wa&8ing4encyc&opedia for students in need of extra

he&p and guidance Z they a&so assisted in disputations and the issuing

of &ega& opinions; Qany urisconsu&ts reained foundationers

odest&y beneRting fro the endowent incoe9 as their hopes of

ever obtaining a professoria& post faded awayZ their ran8s were

swo&&en by the eterna& student who9 in eu&ation of his aster9 the

professor of u&tip&e posts9 sought to ho&d down a string of fe&&owships

&onger than was needed for his roo and board; Whence the recurring

fatwas by urisconsu&ts9 indignant at the inustice of the anoeuvre9

to protect the bona Rde fe&&ows;

Students of the 7oran and hadith do not see to have enoyed the

sae privi&ege as peranent foundationers as the student of &awZ the

sources studied yie&d no inforation in this regard; If anything9 the

privi&ege sees to have been preserved for &aw students; The deed of

the -arisiya $o&&ege for Law and 7oranic Studies stipu&ated that

students of the 7oran who had eori:ed it were to be rep&aced by



new foundationers;

reai

supree

Q

every graduate having received the &icence to issue &ega& opinions;

freedo

freedo



sovereigns who attepted to bring it within their orbit of power;

i; 'osts 'ertaining to Law

a; Qudarris and Na+ib4Qudarris,

'rofessor of Law and Keputy4'rofessor of Law

The genera& ter for professor9 as a&ready entioned9 was shai8h Z and

for professorship9 ashya8ha; They were used with a cop&eent

when designating the Re&d invo&vedZ for instance9 in the Re&d of

graar (nahw!9 the graarian (nahwi!9 when designated as

professor9 was ca&&ed shai8h an4nahw9 and his post9 ashya8hat an4

nahw; On the other hand9 the Re&d of &aw had its own ters to

designate the professor and the professorship9 udarris and tadris9

when these ters were used without a cop&eentZ otherwise the

cop&eent designated the Re&d invo&ved;

A professor of &aw cou&d ho&d ore than one professorship in ore

than one co&&ege9 teaching in one institution and hiring deputy4

professors in the others where professorships were he&d in his nae;

The ter for the deputy4professor of &aw was na+ib4udarris9 and for

the post9 niyabat at4tadris; The verb istanaba9 in this context9 eant

III; 'osts9 Occupations9 -unctions GC

aster



acco

sae tie

deputies to ta8e his p&ace9 especia&&y in institutions in dierent towns9

udarris

aount

anoeuvre

syste



principa& incubent whi&e 8eeping other 6ua&iRed personne& fro

occupying the chairs of &aw as fu&& professors;

Soeties the ter 8ha&ifa (deputy9 successor! was used as a

synony of na+ib9 and ista8h&afa as a synony of istanaba (to hire a

deputy!; In MH=GHG9 the 6adi Abu VA&a J Sa+id (d;M@H=GH@C!

hired a urisconsu&t as his 8hahia during his absence on pi&griage to

Qecca; This substitute was to teach &aw in the adrasa and genera&&y

instruct the students who fre6uented it; G Li8ewise the verb 8ha&a4

fahu is soeties used as a synony of naba +anhu ( to act as soe4

one+s deputy!; G

The function of the na+ib was that of being an +acting4professor J ; "is

6ua&iRcations for the post had to be as good or better than those of the

who he rep&aced9 according to "aitai

assue

interi



ships; GCH When )ha::a&i &eft *aghdad for Kaascus9 his brother

Ahad a&4)ha::a&i (d;JH=GGY! substituted for hi as na+ib; GCG It

is 6uite possib&e that )ha::a&i chose his brother as na+ib because he

expected to return to resue his professorship; $opare9 for instance9

the case cited by Ibn "aar9 where a 6adi substituted for his brother

as chief 6adi of Kaascus in order to preserve his post for hi; GC

The criti6ue that Sub8i a8es of the udarris in his Qu"d an4

nfa aords us a g&ipse at soe aspects of the professor+s functions;

If Sub8i had strong fee&ings on this subect it was because of the abuses

he witnessed in his day; "e was particu&ar&y upset with professors who

&ac8ed su\cient 6ua&iRcations for his post9 or 6ua&iRed but had an

easy4going9 perissive nature Z and he was particu&ar&y anxious about

the advanced c&ass of students not being conducted as it shou&d be;

KeRcient teaching &aid open the teaching posts to the un6ua&iRed9

since professoria& perforance in the c&assroo was not sustained at a

&eve& that wou&d discourage the un6ua&iRed; G

C@

One of the ost reprehensib&e deeds is that of a udarris

eori:es two or three &ines fro a boo89 ta8es his seat9 de&

the9 then rises and &eaves the c&assroo; Such a perse



aount

hi

hi

i C o T"1 S$"OLASTI$ $OQQ%NITD

A&so the resident student4urisconsu&ts shou&d not be entit&ed to

adrasa

vacant;



ore

aount9 but &ightens the burden of study E yusahhW and a8es

shaefu&

s a&so what &eads &ayen to o

an who cannot eori:e

en

aong the

aount



aster

ing 6uestions9 by obecting and responding9 spea8ing at &ength

anner

an

ediate ran8s9 such a person wou&d 8now hise&f to be incapab&e

of accop&ishing as uch9 and wou&d understand that the custo

is such that a professorship of &aw can on&y be at that &eve& Z so a&so

exegesis the text is uncertain here; This being the case9 the

un6ua&iRed person wou&d not covet such a &eve&9 and &ayen

en



u&aa

denying the their due9 turning schoo&days into ho&idays9 and

when they do appear for &ectures conRne these&ves to one or two

6uestions without disputation nor an attept to exp&ain9 and

when we see the upset by the inR&tration of the un6ua&iRed into

the Re&d of &ega& teaching9 and b&aing the ties and those in

power9 then9 in y opinion9 they shou&d be to&d , Dou yourse&ves

are the cause of a&& this by your own behaviour9 so the oence is

yours a&one P

It is p&ain fro Sub8i+s concern that there were no Rxed &eve&s of

achieveent; 1ach adrasa was governed by its own wa6f deed9

re_ecting the wishes of the founder; *ut the founder cou&d hard&y be

b&aed; A&though he cou&d chose who he p&eased for the professor4

ship of his foundation9 he had to go by the reputation of the person he

chose; The source of the prob&e was the &ac8 of a corporation of

asters with ru&es and regu&ations aied at 8eeping the &eve&s of

scho&arship high; Sub8i has ore to say on the abuses of his day;

Another atter of concern are adrasas instituted by their

founders for the beneRt of fe&&ows fu6aha+ and scho&ars

utafa66iha of the &aw9 and their professor of &aw9 whether for

the ShaR+i9 the "anaR9 the Qa&i8i or the "anba&i adhabs; The

professor in the co&&ege of &aw de&ivers &ectures in 7oranic

exegesis9 or hadith9 or graar9 or theory and ethodo&ogy9 or

soe other Re&d either because of his incapabi&ity of teaching



GCM

III; 'osts9 Occupations9 -unctions GC G

soe

for urisconsu&ts9 the professor+s responsibi&ity is discharged on&y

by de&ivering &ectures on &aw; So if this professor of &aw does not

ebe::&eent; GCJ We

sae

for the purpose of teaching 7oranic exegesis and where the pro4

fessor teaches soething other than that subect9 and the

institution founded for graar when its professor teaches other



than graar; The ost prudent conduct in a&& of this is to

de&iver &ectures in the Re&d of 8now&edge for which the institution

was foundedZ for if the founder had desired soe other Re&d of

8now&edge he wou&d have naed it; "owever9 if the professor

de&ivers &ectures9 for exap&e9 in a co&&ege of &aw ost of the tie9

but varies his &ectures soe days by de&ivering soe on 7oranic

exegesis or hadith9 or soe other Re&d of re&igious &earning9 his

intention being to give the students a variety which wou&d

awa8en their interests and deterination to &earn9 there wou&d

be no har in thisZ sti&& it wou&d be ore prudent not to do so;

A&& of this is conditioned by the fact that the appointee of the

exa

exa

to that schoo& of uridica& thought9 and that the founder did not

stipu&ate that the professor shou&d be 6ua&iRed in other Re&ds

besides; If9 on the other hand9 he stipu&ates that the professor

be 6ua&iRed in a nuber of Re&ds as now exist in any institutions



in the regions of 1gypt9 Syria and e&sewhere9 instituted by the

founder for a particu&ar adhab9 stipu&ating9 for the professor9

6ua&iRcation in such and such Re&ds of 8now&edge9 for exap&e9

7oranic exegesis9 hadith9 etc; ; ; ; 4 in such a case9 it is y opinion

that the professor shou&d vary his &ectures so as to cover those

Re&ds the 8now&edge of which was stipu&ated as part of his 6ua&i4

Rcations; -or if the founder had not intended that these Re&ds be

taught9 he wou&d not have stipu&ated that the professor be

6ua&iRed in the; It is a&so possib&e to say that his 6ua&iRcation in

these Re&ds was stipu&ated so that he wou&d be perfect&y prepared

tn rpn&v tn thp nhiVrtions that the students cou&d address to hi;

ost

said;

fro this passage that soe

ing the Re&d for which they were appointed; Sub8i was in eect con4

Rring that the wishes of the founder were sacrosanct and the ost

prudent conduct on the part of the professor wou&d be to act exact&y



according to those wishes;

Sub8i spo8e of +obections+9 of +6uestions and answers J 9 etc;9

ig T"1 S$"OLASTI$ $OQQ%NITD

terino&ogy that be&ongs to the scho&astic ethod of the suae9 such

a t&ip Sua Theo&opiae of St Thoas A6uinas9 and in the WadihfE

4?i6h of Ibn c A6i&; GCY It was this scho&astic ethod

aster

As

(tadris!9 the issuing of so&icited &ega& opinions (iftaE futya!9 and dis4

putation (una:ara!; The ter tadris in its broad extension



enco

fro

&ega& opinionsZ he was taught to be proRcient in the Re&d of disputed

the

through the use of dia&ectic and the proper procedures in disputation;

reeent

a; consensus;

aster



cou&d a&so be 6ua&iRed in other Re&ds such as wa+:9 the art of the

acadeic seron9 SuRs9 8a&a9 graar9 poetry9 and the &i8e9

perhaps exce&&ing in one or ore of the;

b; Assistants to the 'rofessor of Law

Ottoa

u

fro the technica& vocabu&ary of ear&ier ties Z nae&y9 that of the

u&a:i9 fro the verb &a:aa9 used ear&ier of the sahib of a pro4

fessor of &aw9 the verb sahiba (-or i! and sahaba (-or in! being

synonyous , to accopany soeone constant&y9 to be his associate9

his fe&&ow; In Ottoan Tur8ish9 the ter signiRed an assistant

u&a:i o& a



tie

a&4Quhibbi (d;i G G G = GYCC!9 the ter9 not being fai&iar to his

readers9 was exp&ained by hi as fo&&ows9 in the biographica& notice

d;GHGY= GYH! who +served the

Qau&

Qau&a Sa+d ad4Kin ; ; ; and becae his assistant &a:aa hu9

fo&&owing the practice of the Tur8ish u&aa +u&aa+ ar4/u+;

Quhibbi then exp&ained, +This post of assistantship u&a:aa is a

technica& conventiona& one which puts its ho&der on the trac8 for the

professorship of &aw or the 6adiship+; G

The u&a:aa in the Ottoan syste ran8ed a&ter the po,

u+id and ust before that of udarris9 as one can see fro

fo&&owing passages in Quhibbi, +"e went to $onstantinop&e9 bee

a u+id for the &aw course fdars of a&4Q

C



u&a:i thua

a:aa inhu&9 and succeeded hi

Q

trave&&ed to the Tur8s ar4/u and becae a u&a:i wa4

# according to their practice c a&a 6a+idatihi9 and he

a:aa

i

III; 'osts9 Occupations9 -unctions GC@



becae professor of &aw then becae a 6adi ;;; he was then appointed

professor of &aw in the Qadrasa Ahadiya9 at Rrst in the grade of

8hari9 then was given the grade of da8hi&+; HH /edhouse exp&ains a&4

8hari as +the seventh grade of university professors J 9 but fai&s to give

ust

ad

u&a:aa as coing after the post of u

u+id9 then becae his u&a:i J (8ana u

999E H

a:aa

Qu



udarris and na+ib9 there was the u

post was referred to as i+ada9 repetition; "is function was to repeat the

udarris

acco

p&ished urisconsu&t without his own chair of &aw;

r s 9

u



It is the responsibi&ity of the repetitor to perfor certain

functions in addition to hearing the &aw course , to exp&ain the

&esson to soe of the students9 to be of use to the9 and to perfor

ter

hi

u

advanced student9 a fe&&ow who was 6ua&iRed to he&p the &ower4



c&assen

he repeated the &esson to the undergraduates and he&ped those who

prob&es

s a&ready entioned

asid or a adrasa9 t

post of i+ada; The repetition was done for any one or a&& of the &ega&

studies taught by the professor; It was once thought that the function

of u+id was one that cae on&y with the advent of the adrasa and

did not exist in the os6ue; HM *ut this post was pecu&iar to the Re&d of

&aw itse&f9 not to the institutions in which it was taught; -or instance9

Abu Isha6 ash4Shira:i9 a student of &aw of Abu J t4Taiyib at4Tabari9

becae his u+id we&& before the foundation of the Ni:aiya of

*aghdad9 and this was in the asid of at4Tabari;

In a biographica& notice on Abu J G4"asan 0A&i a&4-ari6i (d;YH=

GHY!9 Ibn as4Sa+i (d; YM= GJ! gave soe detai&s regarding the

career of this professor of &aw9 throwing &ight on posts pertaining to



Qaiyafar

becae

acadeic

seron;;

GCM T"1 S$"OLASTI$ $OQQ%NITD

"e then resided in the Ni:aiya Qadrasa as a student of &aw

utafa66ih; "e was ade a repetitor9 issued &ega& opinions9

and wor8ed ashgha&a the undergraduate students of &aw

utafa66iha When Abu Ta&ib +A" b; 0A&i a&4*u8hari was

appointed as chief 6adi9 he appointed a&4-ari6i as his deputy

istanabahu ft +G4hu8i c anh9 and accepted hi9 as a shahid4

notary ; ; ; and a&4-ari6i continued to act as his deputy and to



function as shahid4notary unti& he handed in his resignation ; ; ;

in J@ as deputy46adi9 and ceased to perfor the function of

shahid4notary9 conRning hise&f to the repetitorship of the

Ni:aiya Qadrasa9 "e then becae deputy4professor naba ft

J t4tadris there after the death of its professor the Shai8h Abu

Ta&ib a&4Qubara8 b9 a&4Qubara8 a&47ar8hi9 unti& he was

Qad

the other o,

Tob of Qa

fro

suhba of SuRs9 to graduate resident of the Ni:aiya &aw co&&ege9

to repetitor9 to ufti9 deputy46adi9 shahid4notary9 to deputy4

Ni:aiy



a

*efore hi9 the career of Abu Isha6 ash4Shira:i proceeded a&ong

the fo&&owing &ines; "e Rrst studied R6h in -ars9 then in *asra9 before

going to *aghdad in MGJ = GHM; After Rnishing his study of R6h under

the direction of Abu +t4Taiyib at4Tabari9 he becae the &atter+s

becae

v and taught in a asid in the fashio

Qaratib; In a>6 = GH>; he assued

founded Ni:aiya Qadrasa as its Rrst incubent

for seventeen years unti& he died in MY = GH@; HY



Qu8harrii ( d; / G 6 = G G G ! becae

repetitor in the &atter+s course on 8hi&af9 disputed 6uestions in &aw9

besides teaching the 7oran and hadith; H Spea8ing of Ibn a&4?au:i9

v ;

G

Nahrawani

who

intestacy; Nahrawani he&d two professorships of &awZ on his death4

?



Abu

asan ar4/uai&i (d;JYC=GGM! was hired as repetitor in the

aiya Qadrasa and appointed as trustee of its endowents

u

professor of &aw there9 and for the post of chief 6adi9 but died before

receiving these appointents; HC 7aa& ad4Kin a&4Qaghribi (d;YJH =

G J ! 9 a resident of the /awahiya Qadrasa in Kaascus had the post

of repetitor under Ibn as4Sa&ah for a period of twenty years; GH

III; 'osts9 Occupations9 -unctions GCJ

eet the iniu re6uireent



ost

aong

accop&ished urisconsu&t; Shihab ad4Kin ar4/ui

for instance9 was appointed in $airo as the Tughuniya+s Rrst pro4

fessor of &aw; A wa6f deed was &ater discovered stipu&ating the post for

"aving had to resigr

Qadrasa Qansuriy

GG

Not a&& institutions of &earning where &aw was taught had a post for

the repetitor; -or instance9 the AshraRya $o&&ege of "adith 1xtra4

Quros had a professorship of &aw9 in addition to its professorship of



aii

i+ada!9 i

function with repetitors on&y; This was the case of the Nasiriya

Qadrasa in a&4[arafa (The $ity of the Kead! G@ near ShaRTs Koe

in $airo; -or thirty years9 this adrasa functioned with ten repetitors

unti& Y=GC9 when the chief 6adi Quhaad b; /a:in a&4

"aawi (d;YH=GG ! was appointed as its professor of &aw; GM

Q

u id; there was the post HG the u



who

The uRd+s posi

u+id; supp&ee

ad

u

udarns; the uhd; whose iunction was to i

&edge (ifada!



eber

ters

ifada and uRd are often used in connection with other ters which

throw soe &ight9 though not as uch as one wou&d hope9 on the post

or activity and its functions; GY

According to Sub8i9 the uRd had the ob&igation of pursuing

research resu&ting in usefu& 8now&edge for students of the &aw9 research

over and above that which is done by ordinary students of the &aw;

Otherwise9 Sub8i said9 the uRd wou&d not be; fu&R&&ing his ob&iga4

tion9 the ter ifada wou&d &ose its eaning9 and his acceptance of re4

uneration without perforing this function wou&d be un&awfu&; G

u+id; perhaps indicating, it to be a step be&ow it; The uRd



ore

u

fro

other students; *ut the &eve& of his 8now&edge cou&d be such that not

G CY T"1 S$"OLASTI$ $OQQ%NITD

on&y did he +beneRt J the undergraduates of the institution9 but a&so

served as a noted scho&ar to who other scho&ars repaired for answers

and so&utions to di\cu&t 6uestions and prob&es; Such9 for instance9

was the case of a&47hawari:i (d;c;JYH= G GYJ!9 of who Da6ut

wrote that &earned en of great reputation used to see8 his opinions

regarding di\cu&t prob&es; G

The ter uRd is used for the Re&ds of &aw9 hadith9 and 7oranic

studies; It was a regu&ar post in those institutions whose wa6f deed

provided for it; -or instance9 Ahad a&4)ha:nawi (d;JC@=GGC!

served as uRd of the &aw course of the "anaR urisconsu&t a&47asani

(d;J = G GCG !9 author of the &ega& wor8 a&4*add"0 ft tartib ash4



shard+i+; GC A discip&e of Ia a&4"araain9 after studying &aw with

hi9 devoted a&& his eorts to beneRting others (ifada! with his 8now4

&edge; H Another instance is that of the "anba&i po&yath Ibn a&4

?au:i; "e had studied &aw under a:4aghuni (d;J = G G@@! and after

the &atter+s death9 under Abu *a8r ad4Kinawari9 [adi Abu Da+&a the

younger (d;JYH=GGYJ! and Abu "a8i an4Nahrawani; "e then

becae the uRd of the adrasa; G

Spea8ing of a&4 Wahidi ( d;MY = G HY ! 9 Da6ut wrote that he assued

the post of uRd9 then that of professor of &aw (tadris! for a nuber

of years9 and produced a nuber of &eading scho&ars who studied

under his direction attaining the &eve& of uRd;

On the other hand9 it is 6uite c&ear that in cases such as that of

Quhaad b; +%baid A&&ah a&4+%8bari (d;MCY = G GH@!9 nic8naed

the +uRd of the *aghdadians J (uRd ah& *aghdad!9 his post of

uRd pertained to the study of hadith9 not &aw; "e was a uRd in

hadith and a usta&i9 that is9 an assistant to the professor of hadith; @

Another uRd of hadith was a&4Qubara8 b; 7ai& a&47haaf ( d;JM@ =

G GM!9 nic8naed +the uRd of Ira6+; M Ibn "aar gave soe insight

into the function of the uRd in the Re&d of hadith9 when he wrote of

a uRd as beginning his function by having students recite to hi

fro eory9 and by correcting their recitation and coenting on

the eori:ed text; "e did this in the Qos6ue9 without pay9 ip&ying

that the post was usua&&y a paid one; J

The author ofSiyd69 0Abd a&4)haRr a&4-arisi9 said that a&4*aghawi

was his uRd in hadith; Y The teaching of hadith was at ties said

to have been done according to the ifada of a uhaddithZ as for

instance9 soeone teaching hadith on the authority of a certain c&ass



(taba6a! of uhaddithun with the observations of as4Saar6andi

(bi4ifadati VSaar6andi!;

The verb afada cou&d a&so app&y to the Re&d of 7oranic science; The

7oranic reader ar4/aishi (d;MC= GHCY! was appointed by Ni:a

a&4Qu&8 as u6ri+ to teach in the os6ue bui&t as part of the Ni:aiya

of NishapurZ and he 8ept on iparting usefu& 8now&edge (&a ya:a&

yu_d! to the end of his &ife;


c; /a+is

This post appears to have been an e&ective one in the city of Nishapur;

As in the case of the posts of 6adi9 udarris and utawa&&i9 a na+ib

cou&d rep&ace the ra+is when absent or his post vacant; Abu Sa+d ash4

Shaati

ashayi8hu

undesignated period of tie ( udda ! 9 C The sae source te&&s about



Abu Nasr Ahad b; Quhaad b; Sa+id (d;M=GHC! becoing

the head4ra+is9 ra+is ar4ru+asa+9 of Nishapur9 c;M@H = GH@C;

The 6ua&ities re6uired by the ra+is9 or na+ib4ra+is9 can be inferred

fro the notices devoted to the by +Abd a&4)haRr a&4-arisi in his

Siyd6; In spea8ing of the ra+is9 Abu Nasr9 the biographer said that he

he&d his post unti& such tie as he began to deve&op a spirit of

partisanship and :ea& for his own adhab9 a certain wi&fu&&ness and

stubborriess unworthy of &eading persona&ities9 and riva&ry with his

peers of the various factions9 so uch so that the situation &ed to his

a&ienation fro the u&aa and a diinishing of his prestige; @H It

fro

aa of the city9 of a&& factions participated9 not

In his notice on the e&ection of the na+ib4ra+is9 the biographer

X a 0 0



ad

sense of appreciation for the ran8 and standing of the various person4

a&ities aong his peers9 and for his good o\ces in ediating dis4

putes; @G

Thus the riyasa9 or deputy4riyasa9 in Nishapur was a function per4

fored by one of the u&aa who e&ected hi9 as a prius inter pares9

to ediate their disputes and 8eep the peace aong the; It wou&d

appear to have been a post of great prestige9 and wou&d therefore

deserve further study; It appears to have been pecu&iar to 7hurasan9

un8nown in Ira6;

Qufti9 ?urisconsu&t



"e had to be an adu&t9 the opinion of a i

ity; "e had to be of sound ind9 trustworthy and of good ora&

character99 the &ega& opinion of a fasi6 being unacceptab&e regard&ess

of his &ega& copetence; "e cou&d be a freean or a s&ave Z the va&idity

of a &ega& opinion being unaected by the status of s&avery; "e had to

( ah8a !

7oran

dierences of opinion9 and ana&ogica& reasoning; A&47hatib a&4

*aghdadi &aid heavy stress on the ufti+s need for constant discussion

with scho&ars of the &aw9 for the co&&ection of boo8s9 and constant study

and reference to the; %nderstanding9 good eori:ation and ready

retrieva& were a&& stressed bv *aghdadP for the ufti;

G C T"1 S$"OLASTI$ $OQQ%NITD



ShaR+i re6uired a thorough 8now&edge of the four sources; If the

ufti+s 8now&edge fe&& short of 5 the prescribed sciences9 he cou&d9

according to ShaR+i9 teach &aw9 but cou&d not issue &ega& opinions; @@

Thus the &eve& of ufti was considered to be that of the highest

achieveent in &ega& science0

On the other hand9 the ufti9 in contradistinction to the professor

of &aw9 did not need to have a prodigious eory; To give a so&icited

&ega& opinion he cou&d9 if he so wished9 refer to his boo8s and ta8e his

tie in writing his opinion; The professor of &aw9 however9 according

to the best teaching tradition9 was ca&&ed upon to teach without the

use of boo8s; -or instance9 when Abu +G4"asan a&47ar8hi (d;@MH=

CJ! had to retire fro teaching &aw and issuing &ega& opinions

because of a para&ysing stro8e9 he gave the succession of his professor4

ship to Abu >A&iash4Shashi (d;@MM =CJY!9 and of his uftiship to Abu

*a8r ad4Kaaghani9 having a&ways said that none of his discip&es had

a better9 eory than ash4Shashi; @M

The ustafti9 or &ayan so&iciting the ufti+s fatwa9 cou&d do so in

person or by essenger; "e was to state his 6uestion c&ear&y9 written

preferab&y on a &arge sheet of paper giving the ufti ade6uate space

to deve&op his opinion; As for the ufti9 he was to re6uire that the

6uestion be stated c&ear&y; In cases of doubt or abiguity9 he cou&d

re6uire the presence of the 6uestioner before consenting to answer the

6uestion; A&4*aghdadi cited an anecdote indicating the advisabi&ity

of using voca&i:ation and diacritics in order to avoid unnecessary

isunderstanding; @J

Ibn 0Abd a&4*arr (d;MY@ = GHG ! @Y cited Qa&i8+s answer to the

6uestion +Who ay issue &ega& opinionsB+ as fo&&ows, +"e a&one is



authori:ed to issue &ega& opinions who 8nows the dierences of

opinion of the urisconsu&ts;+ And to the 6uestion whether these

dierences of opinion were those of the rationa&ists9 Qa&i8 answered

in the negative Z what had to be 8nown were the dierences of opinion

he&d by the $opanions of the 'rophet9 and the abrogating and

abrogated verses of the 7oran and of hadith; With this 8now&edge a

urisconsu&t cou&d proceed to issue fatwas;

Ibn as4Sa&ah9 in his wor8 on the ufti9 @ sti&& in anuscript9

described the independent utahid (a&4utahid a&4rriusta6i&&! as

one who persona&&y9 through his own &ega& scho&arship9 derived the

&ega& prescriptions ( ah8a ! fro the sources of the &aw ( a&4adi&&a ash4

shar>iya!9 independent&y of other urisconsu&ts and without being

bound by anyone e&se+s thesis (in ghairi ta6&idin wa4ta6ayyudin

bi4adhhabi ahad ! ;

Aong the ear&iest authori:ations for ifta+ was that given by Ibn

0 Abbas to T8ria; After having taught 0I8ria the 7oran and hadith9

Ibn 0 Abbas authori:ed hi with the words, c )o forth and issue &ega&

opinions to the peop&e+ (inta&i6 fa4 J fti +n4nas!; @ With the passage of

III; 'osts9 Occupations9 -unctions G CC

tie9 &ega& studies becae ore sophisticated9 and the tie re6uire

aster the



aster

Lega& opinions when issued in writing were either in the hand of the

ufti9 or dictated by hi

oe

(8atib a&4fatwa9 pi; 8atabat a&4fatwa!9 as we&& as those who 8ept the

inutes of the proceedings in a &itigation (ahadir ad4da+wa!9 ca&&ed

uhdir; MG

In the best tradition of Is&a9 acadeic freedo was nowhere ore

c&ear&y visib&e than in the urisconsu&t+s practice of issuing &ega&

ufti



ent

hi;

iitation

the best tradition of itihad9 he had to act independent&y of a&& outside

forces9 inc&uding his own adhab9 and especia&&y the sovereign power;

'roper&y and &egitiate&y used9 the fatwas of uftis exercised great

in_uence over the actions of the sovereign; -or this reason9 the

cap to use the

aong the

ufti was the product of a syste



endowed; "e owed nothing to sovereign power as such; "e cou&d

interpret the re&igious &aw independent&y of the sovereign power and

opinions9 and his responsibi&ity was to )od; *ut sovereign power

uiti and thus p&acing

Rrst governent appointent of a ufti

ade in Kaascus with the creation of I

f

or the Rrst part of the eighth = fourteenth century; The Rrst appointee

48; a A>>>b; A v Q>0 0 U 0 t E II



Sa&&a

8nown disputant of his day and professor of &aw in the ShaR+i

X ; 0 ■ > _ G w G

adrasas9 a&4?

r

he had a&so been a

u+id+& in the Qad

governent did not wrest ifta+ fro



uft

hands of the urisconsu&ts 4 tt

had no ore &ega& authority than those of an independent ufti 4 it

created and institutiona&i:ed a peranent c&eavage between

independent urisconsu&ts and those in the pay of the sovereign; This

post of ufti was &ater adopted by the Ottoan governent and the

nrartic;e; of arointin such uftis was continued down to odern

ties

ufti

any uftis perfored the service

HH



$ $OQQ%NI

other eans of s

=

governent4appointed ufti co&&ected a sa&ary and presuab&y did

not charge a fee; Soe independent uftis sent away those who

expected a fatwa gratis; M@ This practice tended further to wea8en

[adi

counity

udarris; who was naed

the founder of the co&&ege9 the 6adi was appointed by the ca&iphZ that

is to say9 that the chief 6adi (6adi +G46udat! was so appointed and he



fro

hi

ot high repute are 8nown to have refused to accept an appointent in

spite of the insistence of the ca&iph; Others accepted appointent

after having refused9 but on&y with the proviso that certain conditions

Zre et9

oney

adhab



"anaRs; It was not unti& +Ataba b; +%baid A&&ah a&4"aadhani

( d 4@J^ =C KI ! that the Rrst ShaR+i accepted to becoe 6adi; "e he&d

the post for the 1ast Side of *aghdad9 becoing thereafter chief 6adi

in@@=CMC4 MJ

On the other hand9 it wou&d appear that a ShaR+i had accepted this

post ear&ier sti&&; -or Shira:i reports on the authority of his professor

of &aw9 Abu +t4Taiyib at4Tabari9 that Abu 5A&i b; 7hairan (d;@H=

C@! used to b&ae the great ShaR+i Ibn Surai for accepting the post9

saying , +This atter was never indu&ged in by our copanions Z it was

preva&ent on&y aong the fo&&owers of Abu "anifa;+ MY

Abu Isha6 ash4Shira:i wrote of the 6adi Abu +%baid b; "arnawaih

(d;@G=CC! that he was oered appointent as 6adi and refused;

The ca&iph+s wa:ir then put hi under house arrest; When the &earned

counity cop&ained9 the wa:ir exp&ained that he wanted it said of

Ibn "arnawaih that he was put under house arrest but sti&& refused

to accept appointent as 6adi; This anoeuvre ay have ade it

possib&e for the urisconsu&t to accept the post9 with the tit&e of 6adi; M

The prevai&ing custo was to avoid the post9 because it eant

accoodation with the ho&ders of power9 hindering adudication in

accordance with the princip&es of the re&igious &aw; On the other hand9

others sought the post avid&y; When the "anaR chief 6adi Abu +Abd

A&&ah ad4Kaaghani died (in M=GHJ! 4 the biographer added

parenthetica&&y that great aounts of wea&th used to be sent to hi

fro outside of *aghdad 4 his son sought to succeed hi and9 to this

end9 oered great sus to the ca&iph; The ca&iph9 in his desire to avert

suspicion that his posts were for sa&e9 oered the post to the ShaR+i Abu



*a8r ash4Shai9 M who was 8nown for his righteousness; MC

III; 'osts9 Occupations9 -unctions HG

udarris

soe

bought9 for incubents cou&d count on recuperating the oney; The

chief 6adi wou&d recuperate it fro wea&th brought to hi fro any

6uarters9 JH and the udarris fro the endowent incoe of the

co&&ege where he was a&so the adinistrative head; This was one of the

ain reasons why9 in such posts9 the incubents were fre6uent&y Rred

and rep&aced by others &ess tepted by i&&icit onetary gain;

When the 6adi was a aster

Kaascus



adrasas

referred to as +the Qadrasas of the Qagistracy+ (adaris a&46ada+!9

whose professorships were he&d by ShaR+i 6adis, the two Shaiya

Qadrasa> Intra4 and 1xtra4Quros9 and the ahiriya 1xtra4

Quros; JG *ut ho&ders of the o\ce of 6adi were not a&ways su\cient&y

expert in the &aw to teach it; Neverthe&ess9 such 6adis did anage to

be appointed as professors of &aw; Kar a&4"adith a&4AshraRya 1xtra4

Quros9 in Kaascus9 had in addition to its chair of hadith9 a chair of

&aw which was custoari&y he&d by a "anba&i 6adi9 and the custo

reained in eect even when the appointee &ac8ed the necessary

6ua&iRcations; J

Through the post of 6adi the sovereign was ab&e to interfere with

the free process of consensus aong the independent doctors of the

&aw; The ufti+s fatwa was but an opinion which9 in order to gain the

sanction of consensus in the counity9 had to confront other

opinions of other doctors of the &aw in the arena of disputation and

triuph over the; On the other hand9 the 6adi+s hu8 was a

decision9 a udgent9 which9 in putting an end to dierences of

opinion9 put an end a&so to the free p&ay of ideas &eading to the

strongest opinion accepted by the consensus of the counity; J@



f; The Shahid4Notary9 and other Auxi&iaries of the [adi

Aong the posts avai&ab&e to the student on successfu& cop&etion of

his &ega& studies was that of the shahid (pi; shuhud!9 a professiona&

notary witness; JM The post was referred to as the shahada;

This post cae under the urisdiction of the chief 6adi to who the

urisconsu&t app&ied for acceptance; Li8e the 6adi9 the shahid

of notary siu&taneous&y

"e

soeties

happened that scho&ars of great repute practised it; J The shahid

agistrate9 inc&uding the turban ( iaa



ent

In the sources re&ative to urisconsu&ts9 the phraseo&ogy designating

appointents to the post of shahid inc&uded the ters sai+a

shahadatah ( &itera&&y , +he heard his testiony+ ! and 6abi&a shaha4

H

QQ%NITD

testiony

6adi who appointed the candidate to the postZ and shahida +inda (or9

e&&iptica&&y9 shahidaZ &itera&&y, +he9 testiRed in the court of; ; ;;+!9 in

reference to the candidate appointed; The chief 6adi aditted the

candidate as shahid in his court9 presuab&y after a 6ua&ifying exa9

or on the basis of his 6ua&iRcations in the Re&d of &aw; The probity of



the candidate as a notary4witness was passed on by a urisconsu&t

whose probity was beyond 6uestion; JC

soe

"ashii

Quhaad at4Taii

a&ready shahids9 refused to continue9 as such under a new&y4appointed

"ashii

hi

had his dec&aration witnessed by twenty shuhud; YG In the case of



Taii9 the new chief 6adi9 Kaaghani9 persona&&y as8ed hi to

reconsider9 but to no avai&; Y Others who were so&icited for the post

refused to accept appointent; Y@

On the other hand9 there were those who active&y sought the post

ed

sus

disissed

nuber of shuhud9 then proceeded to readit the

reuneration in each case; YM

When

oney



J0J& &I @ & i three shuhud4notaries were _ogged for having accepted

bribes in return for fa&sifying their testiony; YJ In JJ=GGY9

fro

docuents

&ega& agent (wa8i&!; Y

The Re&d of shahada was both a trade (sina+a! and a science

substantive 8now&edge and good ca&&igraphy; Soe shuhuc&4notaries9

experts in their Re&d9 and ca&&igraphers of renown9 were 8nown to have



aassed &arge fortunes fro p&ying their trade; YC 1ven those who

were neither experts nor good ca&&igraphers anaged to a8e a good

&iving; H

Soe notaries were 8nown to have practised for &ong periods of

tie

= < X x X r

ShaR+i to his own in YM= ; G

fro

III; 'osts9 Occupations9 -unctions H@

Q



G ! Terino&ogy

fro which the active particip&e u

eans

synonyous

foreost

sadr eaning chest9 boso9 and by extension9 Rrst9 foreost9

ieader; Another ter used synonyous&y with tasaddara was

so



soe

for

used , saddara9 to p&ace soeone in the foreost p&ace9 and usaddar9

one p&aced in the foreost p&ace; In a case where the professor died9

the discip&e who too8 his p&ace had to defend his tenure by engaging in

a disputation with another discip&e; The &atter had heard of the death

of the professor9 and so presented hise&f for the disputation9 cha&4

incubent

audi+a

usadd

The verb tasaddara was origina&&y used of scho&ars who9 without

&icence9 taught preature&y; This practice was natura&&y frowned

upon and treated as an aberration; A biographer9 for instance9

referred to such a person as setting hise&f up to teach without being

prooted to that position by anyone ( tasaddara &i4nafsih& in ghairi



an yarfa+ahu ahad!; Y Ibn a&4?au:i warned against such preature

teaching, an tasaddara wa4huwa saghir9 fatahu +i&un 8athir (he

who sets hise&f up to teach whi&e sti&& a neophyte9 forfeits uch

8now&edge!; This practice was attributed not on&y to the pre4

ature9 but a&so to the un6ua&iRed as described by this Rfth = e&eventh

century verse9 indicating that the practice was rather fre6uent ,

u

yusaa; bi +&4fa6&hi J &4udarris

soe

hise&f up to teach it9 = Sty&ing hise&f

consu&t;!

! Tasdir, A /egu&ar 'ost



These ters9 used in the ear&y sources9 began to ta8e on a technica&

eaning especia&&y in Kaascus9 where ta

Qos6

ter utasaddir was a Rfth for

for

for

ention

Qu"d an4nBa; The reason for the oission cou&d we&& have been that

Sub8i+s purpose was to point out the duties9 fau&ts and pitfa&&s of



HM

$OQQ%NITD

utasaddir

he had said of the other personne&; In any case9 there can be ho doubt

fro others; Sub8i+s father entioned

fro the professorship

uftiship



1&sewhere9 tasdir was referred to as being a post ( wa:ifa9 pi; wa:a+if9

fro

hip

ter

Thus when the sources designated a tasdir as being for ifta+ ( the

issuing of &ega& opinions! and tadris (the teaching of &aw!9 th

tadris re&ated to the function9 not to the post9 of teaching &aw;

@ ! Tasdir and the "a&6a

ai

ai+ of Wasit



Oadi

%aiyad Qos6ue of Kaascus Z as a&so did ?aa&

any others cited in Nu aii s Vans;+4 HH

The appointent to a tasdir in Syria and 1gyp

Is&a

the case with the ha&6a in *aghdad9 for instance9 the tasdir in

Kaascus was cited as existing in the Qos6ues9 not in the adrasas;

-urtherore9 as was the case with the ha&6a in *aghdad9 the tasdir in

Kaascus was invo&ved with one or ore



ethodo&ogy

atic theo&ogy9 graar

opinions Y

Qos6ues of Kaascus and $airo there were any posts oi

Z9ro4> cr>riR&&v fnr thp teaching4 of the 7oran; Nu+aii

tie

u

tenth = sixteenth century!9 there were seventy4three

whose function it was to teach the 7oran (&i4i6ra+i +G4[i

Qa6ri:i stated that a&4"a8i instituted nuerous utasad

Qos6ue in $airo for this sae function (&i4ta&6ini +&4[ur+a



M! Qutasaddir and QuRd

The function of the utasaddir reca&&s that of the uRd4 The ter

uRd points direct&y to the function of its ho&der9 nae&y ifada9

iparting usefu& 8now&edge9 he&ping others in ac6uiring 8now&edge;

The uRd iparted fawa+id (sing9 fa+ida!9 usefu& rear8s9 notes9

>pr>otiAnc Onp nf the functions of the utasaddir was that of

he&p

a&4[unawi9 in @H = CCH9 to the post of tasdir in his Qos6ue in $airo9

Qa6ri:i cited the post as being for the purpose of ifadat a&4+u&u9

being usefu& to others in their ac6uisition of the re&igious sciences9

he&ping the in ac6uiring the re&igious sciences; C Ibn a&4Quna

III; 'osts9 Occupations9 -unctions HJ

(d;J@=GG! was cited by his biographer as having had a post of



he&ping the

efu& 8now&edge+; CH Tiani

a post of tasdir in the %aiyad Qos6ue of Kaascus9 was cited as

having beneRted a nuber of urisconsu&ts; CG

J ! Tasdir , A 'aid 'ost

The basic eaning inherent in the terino&ogy of this post wou&d

see to convey the ipression that the ho&der of the post ay not have

been a beneRciary of a wa6f, tasaddara and tasadda9 as a&ready

entioned9 have the re_exive eaning of advancing onese&f9 setting

soethin



utas

hoes9 independent&y of a Qos6ue9 co&&ected fees fro

beneRted fro their guidance; -or instance9 when Shas

a&4?a:ari (d; = GMM! was as8ed to step down fro

aiyad Qos6ue in Kaascus9 he set up shop9 presuab&y

hoe

fro the

hoes

i



fro

nora&

Qos6ue4a\&iated

a beneRciary of the Qos6ue+s wa6f9 receiving a stipend for his

services; The status of beneRciary was not on&y that of the uta4

saddirs whose function was to teach the 7oran9 but a&so those whose

function it was to teach one or ore of the various re&igious sciences

and their anci&&aries9 and to wor8 (ishgha&! the students in these

subects; This is brought out c&ear&y in a passage re&ating to the

%aiyad Qos6ue of Kaascus; The share of the wa6f incoe

re&ating9 at &east9 to the utasaddirs9 was separated fro the funds

designated for the repair and redecorating of the Qos6ue; On the GHth

of Shauwa&9 GM (J ?anuary GMG! the Qa&u8 su&tan visited the

%aiyad Qos6ue9 perfored the ritua& prayer9 and ordered

interior of the east and west wa&&s shou&d be decorated with

ti&es; Qoney for the purpose was to be ta8en fro the shares of t&

utasaddirs in the wa6fs of the adrasas (:awiyas! in the Qos6u

arb&e



utasaddirs

tie

the utasaddirs

L+aii; CJ The representative addressed the uta4

"ow can it be &awfu& for vou to co&&ect stipends fro

Qos6u

utasaddirs

Qos6ue+; CY +Dou were not in attendance in the Qos6



HY T"1 S$"OLASTI$ $OQQ%NITD

onths of Sha c ban and /aadan V r +We were in our hoes9 wor8ing

the students of &aw and issuing &ega& opinions= 4 +The issuing of &ega&

opinions beneRts &ayenZ that is not enoughP+ Then9 turning to one

of the utasaddirs9 he sing&ed hi out9 saying, +Dou are an o&d an9

on the edge of your grave Z I want you to transfer what you have stored

in your breast to the breast of this an+9 and he indicated a student

standing nearby; The atter was Rna&&y sett&ed bv ta8iner fro each

=

utasaddir two4thirds of one onth

u

Qos6ue+s endowent incoe



and who wor8ed the students of &aw and issued &ega& opinions;

Y! Tasdir and Ishgha& =Ishtigha&

ters

u

ushtaghi&9 has a&ready been entioned

or auditing student (i;e;9 one ere&y attending &ectures!;

ustai

fro

sh4gh4& in the fourth and eighth fors respective&y 4 signify the wor8



which the instructor causes (ishgha&! the student to do9 and the wor8

which a student or aster does on his own (ishtigha&!; This &atter

ter was fre6uent&y used technica&&y for both eanings; /;Ko:y

gives the fo&&owing two eanings for the Rrst for, yashgha&u

+t4ta&aba9 i& forait ses e&eves ( he schoo&ed9 trained9 his students ! Z and

yashgha&u R +G4R6h9 i& donnait des &econs de urisprudence (he gave

&essons in urisprudence!9 the second of which is not strict&y correct9

because the texts9 as wi&& be seen present&y9 ade a distinction between

the activity of wor8ing the students (ishgha&! and the &ecture or &esson

(dars9 pi; durus! in &aw; Qoreover9 in Ko:y+s two exap&es the verb

shou&d ore proper&y be read in the fourth for since the texts are

consistent in the use of ishgha& as the inRnitive noun; C

-or the eighth for9 Ko:y gives the fo&&owing eanings , ishtagha&a9

with the prepositions bi or R9 travai&&er a ( to wor8 at ! Z and etudier ( to

study! for 8anat &ahu ha&6atu +shtigha&in9 which9 with the preposition

+a&a9 eans sous un professeur (under the direction of a s professor!;

Ordinari&y9 ishtagha&a +a&a did ean to study under the direction ofZ

but a ha&6at ishtigha& a&so eant9 according to the text9 a study4circ&e

in which the instructor directed the wor8 of a student9 for the ha&6a

was headed by the instructor who conducted the activity of ish4

tigha&; .

CC



for

a8es this c&ear, 8ana &ahu R +G4iai

ha&6atun &i +&i +shtigha&i wa +G4fatwa nahwa tha&athina sanatan

utabarri+an &a yatanawa&u +a&a dha&i8a a+&uan (he had a ha&6a

for ishtigha& and fatwa for about thirty years which he conducted

V

III; 'osts9 Occupations9 -unctions H

gratis9 refusing to accept a sa&ary!; @HH The ter ishtiga& in the fo&&ow4

ing exap&e is couched between two transitive technica& ters,

tasaddara &i +t4tadris wa +&i +shtigha& wa +G4ifada (he too8 up the post

u



i

@HG

of

professor was cited as having been so ta8en up with his own wor89 and

his wor8ing of others9 that he had no tie &eft for writing of any 8ind ,

8ana in 8athrati ishgha&ihi wa +shtigha&ihi &a yatafarraghu &i

+t4tasn&R wa +G48itaba; @H Another scho&ar re&ated that in his youth he

used to forego his dinner unti& we&& into the night9 because of wor8ing

on his studies (&i +&i +shtigha&i bi Vi&!; @H@

Ishtiha& denoted a student+s concentration in a Re&d of 8now&edge9

ore



variety of Re&ds, 8ana +n4nasu yashtaghi&una +a&aihi bi4 B iddati funun

(students used to wor8 under his direction in various Re&ds!; @HJ The

ter

tie n&avine chess when one of the

&ayan J ( c ai

sciencesZ the other9 who had started his education &ate9 _ew into a

rage9 but9 fro that tie on9 app&ied hise&f ore serious&y to his

studies, fa4haiya in dha&i89 wa +shtagha&a in thaa; @HY Ibn

"aib said of a scho&ar that had he rea&&y wor8ed9 no one wou&d have

i



&aui +shtagha&a ha66a +&i +shtigha&9 a saba6ahu ahad Z wa4&a8innahu

tari8;

@H

fro

ade c&ear in the fatwas of the urisconsu&ts; "aita

soe

those who neg&ected the durus9 &ectures on &aw, 8a4i8h&a&i +G4uta4

fa66ihati bi +&i +shtigha&i R ba+di +G4aiyaZ ; ; ; wa48adha&i8a tar8i

+d4durusi R ba+di +G4aiya; @H Ibn Taiiya a&so ade this distinction



ushta

a

or not he attends the &ecture in &aw!; @HC The senior Sub8i (d;JY=

a8es

?aa& ad4Kin Ahad

fro

ore



sion9 sessions of his &aw &ectures and of his wor8ing the students ,

arra; di G he eaning

is c&ear&y e6uiva&ent to what the -rench refer to as +travaux prati6ues+9

seinars

H T"1 S$"OLASTI$ $OQQ%NITD

fro

fro



@G@

Long years were ordinari&y spent on ishtigha& by the student9 and

this activity9 if successfu&9 was one that &ed to 6ua&iRcation for a

teaching post; Ibn Taiiya+s grandfather9 Qad ad4Kin b; Taiiya9

too8 up residence in *aghdad for six years wor8ing on &aw ( R6h ! 9 con4

_icting &ega& opinions (8hi&af ! and a&4+ Arabiya9 as we&& as other Re&ds Z

after which tie he returned to "arran and continued to wor8 under

the direction of his paterna& unc&e; @GM

Ishtigha& a&so represented a certain standing or aptitude which the

student had9 and which 6ua&iRed hi for wor8ing; Sub8i wrote in a

fatwa, +if he is an adu&t9 6ua&iRed for wor8ing+ (&ahu ah&iyatu +&i

ade to do so+ (u&:ia

sae

a8in



students ( a&4ushtaghi&un ! and the awning4students (a&4ustai4

0un ! 9 a distinction which was re_ected in the stipend they received

fro the endowent incoe; The ters of the wa6f deed of the Kar

a&4"adith a&4AshraRya9 in this regard9 were reported by Sub8i as

fo&&ows (in substance!, 1ach of the wor8ing students was to receive

dirhes

diinished

inn

dirhes

ore (i;e; went bevond ere

Those who showed proise were to be prooted to the category

receiving eight dirhes; Those (aong the wor8ing students! who



coitted to eory a boo8 on hadith were to receive a pri:e fro

tie

science of hadith and had an aptitude for it such that it inspired hope

becoin

custo

sae

the adrasa+s wa6f ters9 a&4ushtaghi&un biha ( the wor8ing students

in the institution!9 as eaning any wor8 at a&& in the re&igious sciences

(ya6tad& aiya +shtigha&in 8ana bi +&4+i&!9 whether the student be a



u

undergraduate student of &aw9 a scho&ar!; @G The deed did not

stipu&ate the particu&ar aount of tie for wor8ing9 or the Re&d of

8now&edge the student was supposed to wor8 on9 or whether residence

in the co&&ege was essentia&; In fact9 if he were to wor8 for one sing&e

oent

et

ents wou&d not be et

a&so wor8ing9 even if the student were a graduate student ( fe&&ow ! Z

I



III; 'osts9 Occupations9 -unctions HC

wor8ing in the co&&ege was a 6ua&iRcation which cou&d not G

escaped9 and had to be perfored at ties when the wor8 cou&d tru&y

be so considered; @G

-ro the above texts9 it is c&ear that ishtigha& cou&d be done at the

undergraduate as we&& as the graduate &eve&; Other texts show that it

was done at the post4graduate &eve&9 even after the graduate uris4

consu&t had acceded to a teaching post; A ho&der of such a post who

had &ost it repaired to his hoe and9 as was his custo9 app&ied hi4

se&f to wor8ing independent&y9 as we&& as wor8ing others9 unti& he was

re4instated after +one year and two4thirds J ; @GC

ie

eory

aii



that he exce&&ed in the Re&d of con_icting opinions (8hi&af!9 then

turned to wof8ing on ShaR+i &aw9 wor8ing on it +night and day+9 doing

+uch studying and wor8ing J (wa4yuta&i+u 8athiran wa4yash4

taghi&!; @H A distinction is drawn here between the two activities9

wor8ing being other than ere reading, reading in order c to store up

in the eory J what one reads; As a&ready entioned9 wor8ing was

students were distinguished fro the wor8ing ones; @G Wor8ing was

that activity during which the student ade his own those ateria&s

he had &earned in a &ecture or by reading9 an activity high&y pri:ed in

an education cu&ture where disputation was a necessity9 and for which

the 6uic8 retrieva& of 8now&edge was the sine 6ua non;

The uRd9 the u+id9 and the utasaddir who wor8ed the students9

were supposed to go on eventua&&y to a higher post9 such as a professor4

ship in one of the Re&ds of 8now&edge; This is evident in stateents

dec&aring that such4and4such a scho&ar wor8ed for a &ong tie; *ut it

happened that scho&ars who wor8ed students were surpassed by these

sae students who they had prepared for an eventua& post; The

career of Qad ad4Kin Isa+i& b; Quhaad (d; C= G@C!9 nic84

naed Shai8h a&4Qadhhab9 an honorary tit&e eaning +Qaster of the



("anba&i! Qadhab+9 i&&ustrates soe points in this regard; "e was

reported by Ibn /aab as having exce&&ed in the study of the &aw9 and

devoted hise&f to wor8ing students and issuing &ega& opinions9 thus

beneRting a great nuber of students and others; A pious an9 he

wor8ed assiduous&y at these activities9 answering the 6uestions of

students9 transitting sound and precise 8now&edge; Qost of the

urisconsu&ts who had Kroved these&ves inte&&igent had studied under

the

u0id ! under the

in attendance9 showing the respect and addressing the as

+professor+; @

Thus the u+id was a&so one who wor8ed the students; -or the

@@




activity of the repetitor was not necessari&y &iited to repeating the

&esson of the professor of &aw Z he a&so wor8ed the students9 exp&aining

further the texts studied9 beneRting the with his &earned rear8s and

observations; In a fatwa9 Sub8i said that the adinistrator of the

wa6f shou&d give preference to the repetitor in accordance with his

erits9 +and by the fact that he wor8s the students and beneRts the J

(bi48aunihi yushghi&u +t4ta&aba9 wa4yanfa+uhu!;

The function of ishtigha& was often associated with the issuing of

&ega& opinions9 A utasaddir was 8nown to have wor8ed as such in the

%aiyad Qos6ue for Rfteen years and to have issued &ega& opinions

for a fee; @M The phrase9 tasaddara &i +&i +shtigha& wa +G4fatwa (he

assued the post of tasdir for the wor8ing of students and the issuing

of &ega& opinions!9 is used often in the sources; @J The ter ishtigha& is

often coup&ed with a&4fatwa or a&4ifta J 9 in the sources9 both functions9

wor8ing the students and issuing &ega& opinions9 being those of a

utasaddir; @Y

It wou&d appear then that the utasaddir was soeone who aspired

to the post of udarris9 though it ay never have coe his way9 and

he ay have spent the rest of his days as utasaddir; "e cou&d 8eep

such a post even after becoing a udarris; @ As such he did what

cou&d be ca&&ed tutoring9 or individua&i:ed direction of studies at a high

&eve&; "e did not need to 8now the &aw by heart9 but had to be capab&e

of e&ucidating it fro the texts; The tasdir and repetitorship ran8ed

be&ow the professorship of &aw9 and the deputy4professorship; @

Tasdir cou&d a&so &ead to a 6adiship; @C



On the other hand9 ishtigha& was an activity which was pecu&iar to

the scho&ar who aspired to the &eve& of ifta @ 9 and thence to a professor4

ship of &aw; A &aw student9 on coing to *aghdad9 was given a

scho&arship (as utafa66ih! in a adrasa where he &earned by heart

the "iddya on &aw by 7a&wadhani; "e was then given a fe&&owship ( as

fa6ih! in the Qadrasa Qustansiriya9 where he persevered in wor8ing

unti& at the age of twenty4four he was &icensed to issue &ega& opinions

(wa4&a:aa +&i +shtigha&i hatta udhina &ahu _ +G4fatwa!; @@H

; 'osts 'ertaining to other -ie&ds

a; Shai8h a&4hadith9 'rofessor of "adith s3

The professor of hadith was a&so ca&&ed Shai8h ar4riwaya9 @@G and the

post was 8nown as ashya8hat a&4hadith; @@ "is function9 according

to Sub8i9 was to teach hadith9 &isten to the students reciting by heart9

word for word; "e had to be patient with the9 for they were )od+s

de&egation; -urtherore9 whenever a fascic&e or fu&&4&ength wor8 of

hadith appeared of which a hadith4expert was the so&e authori:ed

reporter9 it was the professor+s individua& ob&igation (fard c ain! to

&earn it by heart9 obtaining a certiRcate of audition authori:ing hi

to transit it in turn; @@@

To this end9 the wa6f instruent of the AshraRya "adith $o&&ege

III; 'osts9 Occupations9 -unctions r &



aascus

transit high&y at

ins of transission

transitters

worthy9 their re&ationship to each other was estab&ished as authentic9

and fo&&owed in uninterrupted succession; Such hadiths were ca&&ed

co

one of the three categories , ( i ! the out4of4towner with no p&ace of

residence in Kaascus (idha warada in ghairi +sh4Sha! Z (! the

out4of4towner who a&ready had a p&ace of residence (u6iun

bi+sh4Sha!Z and (@! the estab&ished resident of the town (ina

+G4ustautinin bi4Kiash6!; The visiting professor of the Rrst



category was to be &odged in the co&&ege9 paid two dirhes dai&y9 and

thirty dinars= va&ued at nine dirhes each9 upon cop&etion of his

course; The visiting professor of the second category was to be paid a

&esser aount9 according to the discretion of the titu&ar professor; And9

Rna&&y9 the utawa&&i was to pay a su of ten dinars or &ess to the

visiting professor of the third category for teaching the +awa&i4tradi4

tions of his repertoire; @@M

transission

onetary

sus of oney

the study of hadith; A devotee of hadith wou&d trave& far and wide to

obtain fro the so&e authori:ed transitter one or ore such hadiths;

uhaddith

transitter



r ; rt wou&d soeties refrain fro transitting

his co&&ection of hadiths unti& a&& other authori:ed transitters had

died; As the so&e survivor9 his co&&ection of traditions cou&d fetch a

great fortune; @@J

In the interest of a8ing the product rare9 and therefore uch in

deand9 0Abd A&&ah b; Ahad ad4Kaaghani (d;JGY=GG! was

said to have borrowed the hadith noteboo8s or fascic&es (a:a+ ! of the

great uhaddithun and not returned the to their owners; @@Y Soe

uhaddithun9 in their desire to ho&d on to their co&&ections for a better

ar8et9 wou&d hide fro those who sought to &earn the Z for once

the

prophetic tradition; @@

Kaascus



uhaddith

; -orer&y

adrasa! had been pri

fessor of &aw was the occupant of the co&&ege+s chair; Specia&ists in

7oran9 in graar

&&ary to &aw; With


raised institutiona&&y to the &eve& of &aw; @@

'revious to the founding of institutions wherein hadith was the

i



E

t

I

ain

adrasa9 or in a as

the other hand9 there were asids whose principa& subect was hadith Z

adrasa9 in the

asids &or graar

7oran



Soe

for instance9 a&4*aiha6i (d;MJ = GHYY! whose reputation was so great

that he received a ca&& fro Nishapur to teach the subect9 and

accepted it; @MH Abu *a8r a&47haiyat (d;MY = GHY!9 the greatest

7oranic scho&ar of his tie in *aghdad as we&& as a uhaddith9 taught

both subects at his hoe9 as we&& as in his os6ue ( asid ! and in the

Qos6ue of a&4Qansur; @MG

These scho&ars of the 7oran and hadith were &i8e&y to be ascetics in

k

the true sense of the ter9 renouncing wor&d&y goods in order to

devote these&ves to the study of the sacred scripture; They spent

ost of their tie in study and teaching9 preferab&y in their hoes

and in the os6ues9 refusing the patronage of the powerfu&9 which

ight have &ed the to re&in6uish their princip&es; Such a person was

a&4"asan b; Ahad a&4 5 Attar (d; JYC= G GM!; "e was said to have

a&ways been in debt for at &east one thousand dinars Z and this9 in spite

oney he gained fro



v 99 eived fro various parts of the rea&9

a&& of which he distributed aong his students; "e was said by one of

his students never to have accepted gifts fro oppressing tyrants

whose wea&th was isappropriated9 nor accepted fro the a

adrasa or a ribat9 but to have conRned hise&f instead to teaching

in his hoe9 whi&e his students too8 up residence in his asid; This is

an indication that they were considered destitute and cou&d therefore

reside in the os6ue precincts; "e devoted ha&f of his teaching day to

hadith9 and the other ha&f to the 7oran and the re&igious sciences; @M

Kaascus

awa

to be discussed present&y; "adith was a&so taught in the onasteries

(ribat9 8han6ah9 :awiya!; *ecause of its prestige as a re&igious science

and its a&&4encopassing subect atter9 it cou&d easi&y be used as a

su



subects such as phi&osophy9 or phi&osophica& theo&ogy; @M@

In his wor8 Ta&bis I bits9 Ibn a&4?au:i too8 to tas8 the traditionist

who spent as uch as Rfty years on writing9 eori:ing and co&&ect4

ing hadiths without understanding their contents; And when a prob4

&e arose concerning a sip&e dai&y atter such as his ritua& prayers9

he had to resort to consu&ting one of the students of &aw who cae to

III; 'osts9 Occupations9 -unctions G@

&earn hadiths fro hi; That was why their critics said of the that

they were +beasts of burden carrying boo8s9 ignorant of the contents

?

u

W%G%? Wi %GV 9 9 &uriV 9 v &itera&&y, +The 'rophet enoined en fro

watering the crops of others+9 a hadith that rea&&y eant , +The Qus&i



is enoined fro sexua& re&ations with pregnant captured woen+;

The second exap&e of isunderstanding revo&ved around the word

ha&a69 study4circ&es9 isread as ha&69 shavingZ so that instead of the

hadith enoining the ho&ding of such circ&es on -riday before the

congregationa& prayer9 the ignorant uhaddith had read it as enoin4

perfor

@MM

Q

Kaascus and $airo9 the ter

iether in a ai+ @MJ or in a as

7aa& a&4Q

his unc&e+s adrasa (where he was a&so professor of &aw!9 as we&& as in



i

e

and observations!9 and corrected their ista8es+; @M The biographer

uhaddithun beneRted fro hi

u

previous&y; Li8e the tasdir9 it was a paid post; @JH It cou&d be for the

eic serons



often the vehic&e; @JG

! Qeaning of Qi+ad

The eaning of the ter i+ad9 in ordinary &anguage9 is a proised9

appointed tie or p&ace9 @J a rende:4vous; @J@ Ko:y gives its technica&

eanin

i

Is&a

pious &iterature; The connection between hadith and wa c :9 the

acadeic seron9 wa

the i+ad was directb



a hadith professor; @JJ

b; Assistants to the 'rofessor of "adith

Qusta&i

"adith was genera&&y taught by dictation; The nubers attending

hadith dictation c&asses often ran into the hundreds or thousands; In

such cases9 the professor had to have a nuber of usta&is to repeat

the dictation9 re&aying it to the rows of persons &ocated out of earshot

of the professor;

The post and function of the usta&i has a&ready been treated

extensive&y; @JY The ter usta&i is an active particip&e eaning9

@JC

GM T"1 S$"OLASTI$ $OQQ%NITD



&itera&&y9 one who as8s another to ta8e dictation; This post ust not

be confused with that of the u0id; @J The usta&i was the assistant

to the professor of hadithZ the u+id9 of &aw; The forer repeated

the dictation of the professor9 word for word9 &ine by &ine9 wor8ing at

the sae tie as the professorZ the &atter dri&&ed the &aw students after

the professor+s &ecture on &aw9 repeating and e&ucidating what the

professor had said; The usta&i cou&d a&so wor8 as uRd in hadith;

! QuRd9 Kocent of "adith

The ter uRd app&ied to a 8now&edgeab&e scho&ar of hadith as we&&

r

as to one of &aw; When Sub8i treated of this post he did so in re&ation to

&aw; @J There is no doubt9 however9 that the ter was used a&so in

re&ation to hadith; -or instance9 when Quhaad a&40%8bari ( d;MCY =

G GH@! was referred to as +*aghdad+s QuRd J 9 or when a&4Qubara8 G4

7haaf was referred to as +Ira6+s QuRd+9 the references were to their

va&ue as hadith scho&ars; A&40%8bari wor8ed a&so as a usta&i for

any professors of hadith in *aghdad9 and was 8nown for his &oud

and c&ear voice when he recited traditions fro his own repertoire9

and when he re&ayed the dictation of the professors;

?ust as the u0id in &aw was ab&e to go fro the ere dri&&ing of the

students in the &esson de&ivered by the professor of &aw to furnishing

the students with his own notes9 rear8s and observations9 and in so

doing perfor the function of the uRd in &aw9 so a&so cou&d the

usta&i do ore than ere&y re&ay the professor+s dictation of

hadith9 he cou&d add his own notes and observations9 and in so doing

perfor the function of uRd in hadith;



c; Nahwi9 )raarian9 'rofessor of the Literary Arts

The tit&e an4nahwi9 the graarian9 was used to designate the pro4

fessor who taught not on&y graar9 but a&so &iterature9 be&&es4

&ettres; Strict&y spea8ing9 the ter nahw referred to syntax9 and

sarf to orpho&ogyZ but the forer ter was a&so used to designate

graar genera&&y; The specia&ist in orpho&ogy was designated by

the ter sarR; The professor was a&so ca&&ed Shai8h an4nahw9 and the

post9 ashya8hat an4nahw;

)raar was a&ways an iportant part of education; It was

&earned especia&&y in order the better to understand scripture; This

was a&so the u&tiate purpose of &earning adab4&iterature9 especia&&y

poetry9 taught a&so by the incubent to the post of graarian;

'oetry9 especia&&y pre4Is&aic poetry9 was 6uoted as phi&o&ogica&

evidence (shahida9 pi; shawahid! for the better understanding of

scripture; Language and &iterature were a&so studied for these&ves;

The practice was frowned upon by the u&aa9 ain&y because it

carried these subects beyond the obect of being anci&&aries to the

re&igious sciences9 p&acing the s6uare&y in the category of the pro4

fane; An exap&e i&&ustrating this attitude is found in a rear8

regarding the graarian9 Abu J G4"asan as4Sa&ai an4Nahwi

III; 'osts9 Occupations9 -unctions GJ

hi



graarian

nuber of graarians

t Qu c ta:i&is9 c

d; Shai8h a&4[

0ssor of 7oranic

3ost9 as ashya&

u6ri+; With t

u6n

coensurate

ofhadith; @YG



e; Other Occupations 'ertaining to the 7oran

QiRdan4nfa; The Rrst4entioned

ter ( [ari

e 7oran

7oranic

custo of the a

reciter was a&so to recite a verse of the 7oran appropriate for the

occasion; @Y

Next entioned is the rhapsodist (unshid!; "is ain function

was to recite poetry and sing the praises of the 'rophet; If he contented

hise&f with reciting &ove poetry and haasa4poetry9 then he wou&d

be doing wrongZ especia&&y if he did so in gatherings for the purpose of



studying the re&igious sciences;

The third4entioned are the 7oranic psa&odists (a&46urra J bi

J &4a&han! whose function it was to render the words of )od as they

were revea&ed9 unpretentious&y9 c&ear&y enunciated; The boo8s

7oranic scho&ars dea& a

subect; @Y@

ention

custo

7oran

custo



custo did not exist in the tie

upon investigation that the custo was a&ready in exist4

tie of the founder+s drafting of the deed9 then the atter

7oranic psa&rhodis

co

7oranic reciter i

7oran

b&y of dub



was being said9 whi&e the prince was ta8en up with his wor8; Sub8i

idst of a teeing

7oran

hi

@YM

GY T"1 S$"OLASTI$ $OQQ%NITD

stand what he was saying; It was an upsetting experience; 7oranic

reciters and rhapsodists were not to use their beautifu& voices for

prohibited singing9 in drin8ing parties9 and other obectionab&e deeds Z

they were to show their gratitude for such voices by avoiding such

actions9 and thus avoid the aversion of their Lord and "is anger;



f; Shai8h ar4/ibat9 The Qonastery Abbot

The onastery abbot was referred to as shai8h ar4ribat9 shai8h a&4

8han6ah9 or shai8h a:4:awiya9 the dierences between ribat9 8han6ah

and :awiya not being distinct&y drawn; Nu c aii 6uoted Kairi saying

that 8han6ah was the 'ersian ter for the +residence of SuRs+ (dar as4

suRya!9 and that no distinction was ade between the three institu4

tions; @YJ

Sub8i says that the onastery abbot (shai8h a&48han6ah! was

soeties ca&&ed $hief Abbot (Shai8h ash4shuyu8h!9 and soeties

$hief Abbot of the SuR )nostics (Shai8h shuyu8h a&4 c ariRn!9 ters

which were critici:ed by Sub8i+s father who said9 +"e is not content

with c&aiing gnosis (a+rifa!Z he ust a&so c&ai being its $hief

QasterP+ @YY

@Y

The duties of the onastery abbot as re&ated by Sub8i inc&uded the

training of the SuR novice ( urid ! Z protecting hi fro har Z caring

for the sou&9 not the bodies9 of his charges (aa+at4hu! Z addressing

the in accordance with their attainentsZ abstaining fro using

esoteric &anguage before the novice was ade6uate&y prepared for it9

for such &anguage cou&d otherwise be of great har to hi; /ather he

was to proceed with the novice gradua&&y9 teaching hi the ritua&



prayers (sa&ah!9 the odu&ated recitation of the 7oran (ti&awa!9 and

the SuR dhi8r4prayer in praise of )od; Qost of a&&9 he was to avoid

those stateents ade by soe of the great SuRs which were not

eant &itera&&yZ they were not to be repeated to a novice before he was

ready for the9 at the ris8 of causing hi to &ose his souL

Sub8i designated the abbot of an out&ying onastery as Shai8h a:4

:awiya9 thus distinguishing between the 8han6ah (in a town! and

:awiya9 saying that ost of the :awiya4onasteries were out in the

wi&derness; The function of the abbot in charge of such a onastery

was to see to the preparation of food for arriving guests9 (warid! and

those passing through (uta:!; "e was to receive the in a friend&y

anner9 putting the at their ease so as to a8e the fee& at hoe;

To this end9 the Shai8h ight even designate a separate p&ace for the

tiid guest so that he cou&d eat his ea& and rest without fee&ing

ebarrassed; @Y

It is c&ear fro these two passages in Sub8i+s QtRd an4ni0a9 as we&&

as fro other sources9 that there were onasteries both in the urban

centres and in sparse&y popu&ated regions9 the &atter type of onastery

being especia&&y for the entertainent of guests who were wayfarers9

trave&&ing scho&ars and pi&gris to the "o&y '&aces;


edieva& Is&a



g; The 'reachers

8hatib9 preacher of the -riday seron (8hutba! in the -riday

Qos6ue (ai0!Z (! the wa+i:9 preacher of the acadeic seron

both popu&ar preachers; Thus9 in Is&a9 preaching was a high&y

ore

having his own function;

Sub8i said that the 8hatib4preacher had the ob&igation of spea8ing



i

-riday Service; If he were to preach in a voice so &ow that no one

besides hise&f wou&d be ab&e to hear hi9 his seron wou&d be in4

adissib&e; Were he to raise his voice so that it wou&d reach the but

thev were9 a&& of the9 or soe of the9 hard of hearing9 this too ost

a8e his seron

seron

oun

ho&ders of power at the end of his ascent before seating hise&f and

exceeding the proper bounds in recounting the exce&&ence of their



seron

suab&y the part that cae a&ter praising the ho&ders ot powerZ Z ai&

of this was to be avoided as reprehensib&e; On the other hand9 there

was nothing wrong with his invo8ing )od for the we&&4being of the

sovereign9 since this wou&d a&so ean the we&&4being of the Qus&is

genera&&y; *ut the preacher shou&d not pro&ong his seron9 for he ust

consider the o&d9 the wea8 person9 the chi&d and the needy (who pre4

suab&y ust have their chance of as8ing for Rnancia& he&p fro the

we&&4o in the congregation ! ; Nor was the preacher to use far4fetched

expressions the understanding of which wou&d be di\cu&t except for

the initiated Z rather he was to resort to words c&ear&y understandab&e;

Nor was he to use pretentious rhyed prose9 but avoid9 aong other

atters that had been a

sii&ar

reind



"e was to put the fear of )od in peop&e; "e was to te&& the

nf the saints and how thev conducted these&ves; What was

ost iportant of a&& for hi9 as we&& as for the 8hatib4preacher9 was

that he repeat to hise&f )od+s stateent in the 7oran, +Wou&d you

order the peop&e to do good9 whi&e you forget to do so yourse&vesB+

And he was to reeber the poet+s saying, +Ko not prohibit peop&e

fro doing evi& and then do it yourse&ves Z a great shae wi&& fa&& upon

you if you do+; "e was to 8now that words which did not coe fro

the heart wou&d not reach the hearts of peop&e; And Rna&&y9 8hatib4

se&do chosen bv )od to do "is

signs

; fE

0 "




8hutba of the 8hatib9 the wa0: of the wa+i: was not so restricted as to

tie9 and was usua&&y done in a ha&6a or

7oranic

and hadiths re&ating to the 'rophet9 and he narrated the &ives of the

pious ancestors (sa&af!; "e was to spea8 p&ain&y and c&ear&y so that he

cou&d be understood by the coon peop&e; "e was to exhort the

to prayer9 fasting9 paying the tithe9 giving a&s9 and the &i8eZ but he

was to avoid a&& discussion of theo&ogica& 6uestions9 various 8inds of

creeds9 and the divine attributes9 a&& of which wou&d ordinari&y &ead

the to things better avoided; @G

Sub8i+s advice was based on actua& historica& events with which he

was thorough&y fai&iar; Notice especia&&y his reference to theo&ogica&

atters; On any occasions these popu&ar preachers were prohibited

fro nreachine in the streets because they did not restrict these&ves



seron4a8ing9 7oran

ove

ents

The 6ari0 a&48ursi4preacher and the previous one had this in

coon 4 that they both narrated the &ives of the saints and recited

7oranic verses and the traditions re&ating to the 'rophet; They

fro eory

standingZ whereas the 6ari J a&48ursi was a&ways seated (whence his



designation!9 and did his preaching in a ai c or a asid or a

adrasa or a 8han6ahZ and he recited a&ways fro a boo89 not fro

eory (&a ya6ra J i&ia in 8utub!; The ru&es app&ying to hi were

sae

coon

harfu&

the

a

=



4 3

ad4Kin as4Sub8i+s Shifa +as4sa6d fE

?au:i+s various boo8s of serons;

&i8e; @

atters theo&ogica&9

a

Qus&i ay act as an ia &eading the ritu

Zhe ia who had a post as such in a os6ue

exao&e to the faithfu& who



he &ed in the ritua& prayers; "e was to do so by being faithfu& and

hub&e

r

os6ue

asseb&ed

otherwise9 he was to wait unti& a&& were present9 un&ess the waiting


becae excessive&y &ong; In short9 he was to perfor the prayer in t&

best way he cou&d9 given the circustances;



isfortune of his tie

ia of a os6ue

oe

ia

un&ess he hise&f perfored the function of ia Z nor was his sub4

stitute (na+ib! entit&ed to a sa&ary9 because he was not &awfu&&y

hired; @M

an to co

ia



tie

beginning the prayer at its appointed

os6ues; To give precedence to one os6ue

eer

tantaount to his assu

ited ties for which were su

one wou&d &ead necessari&y to neg&ecting the other9 which wou&d a&so

be un&awfu&;

Qu+a&&i9 Qu+addib9 -a6ih, 1&eentary



ters

e&eentary &eve&9 of which the ter u c a&&i was the ost coon

ters u

eanings; Q

fai&

-a6ih (which becae R

signifying the e&eentary

entioned9 the accop&is

besides



utafa66ih

Sub8i had uch to say about +the teacher of the e&eentary schoo&

(u+a&&i a&48uttab!; @ "e was to have an orthodox creedZ any

boys grew up to have vitiated be&iefs because these were he&d by their

teacher (fa6ih!; Sub8i advised fathers to in6uire into the principa&

be&iefs of the teacher before in6uiring into their practica& app&ications9

coe

the 7oran9 then the hadith; "e was to avoid discussing creda& be&iefs

unti& the boys were su\cient&y prepared for the9 at which tie he

was to introduce the creed of Ah& as4Sunna wa+G4aa+a (The

Adherents of the Sunna and the $ounity+s $onsensus!; Det it

wou&d be ore prudent if he were to ho&d bac8 on this; "e cou&d a&&ow

7oran

and carry it; @



Sub8i+s advice to fathers regarding the choice of teacher for their

iportance to Is&aic

Qus&i

u

o T"1 S$"OLASTI$ $OQQ%NITD

Qus&i who not on&y

har



education;

@; Other Occupations

a; c Arif9 Qonitor

e coe down to us of Sub8i+s Qu

ter

anuscript9 no9 boo9 which has a ar

Qyhran

onitor

entioned



as Rrst appearing in the seventh =thirteenth century9 referring to hi

as the deputy who +had to 8eep order in the c&ass9 seat visitors accord4

ing to their ran89 wa8e the s&eepers9 warn students against sins of

coission and oission9 bid the attend to what was said and (it

was his duty a&so! to 8eep the register+; @H This description wou&d be

in 8eeping with the cryptic argina& note cited above; *ut rather than

ca&& hi a deputy of the teacher9 his assistant9 it wou&d see that the

na6ib or +arif was a student whose function it was to 8eep the other

students in &ine9 a onitor; This wou&d be borne out by the words

wa4huwa +G48abiru +a&aihi9 eaning that the c arif was the one

chosen fro aong the to have the power of supervision over

the; "e therefore ran8ed as a student9 and his duty was to he&p the

professor; @G 'resuab&y9 his stipend fro the endowent of the

hi

Qarsha&&

In *aghdad9 the post of na6ib had a &ong history; @ Its ho&der had the

duty of 8eeping a register of the descendants of the 'rophet+s fai&y9



aon

those receiving a pension;

c; 7atib a&4ghaiba9 7eeper of $&ass Attendance

Sub8i cited two such posts9 one for the students of &aw ( 8atib a&4ghaiba

5a&a +G4fu6aha+!9 @@ and one for the students of hadith (8atib ghaibat

as4sai+in!; @M /egarding the forer9 Sub8i said that he had to

report those students who were absent fro c&ass; "e was to be truth4

fu& and was not to report a student as absent un&ess the student fai&ed

to have a va&id excuse; The duties of the 8eeper of the attendance of

hadith students consisted in a8ing a chec8 of those absent9 as we&& as

those who9 though present in c&ass9 fai&ed to ta8e down the dictation of

the professor; These two posts were considered necessary9 because the

tia

incoe

There was a 8eeper of attendance (8atib a&4ghaiba! for the &arge

nuber of utasaddirs at the %aiyad Qos6ue in Kaascus9 @J



any of who were disissed9 ost &i8e&y for reaining in their


rid fai&ing to attend to their duties in the Qos6ue; @Y

d; Nasi8h9 Warra6 4 $opyist9 $opyist4*oo8se&&er

yist of anuscripts was referred to by the ters

orpho&ogy

ters

intensive active particip&e; The Rrst ter derives fro the verb

nasa8ha9 to copy; A&though nassa8h9 an intensive active particip&e9 is

noted in the dictionaries9 it was not genera&&y used in the edieva&

hioaranhira& sources; On the other hand9 warra69 deriving u&tiate&y

fro



an whose business it was to dea& with anu

script boo8s; It was used to denote a boo8se&&er as we&& as a copyist; @

It is very &i8e&y that when a biographer referred to a person as warra69

eanin

coi

soe other Re&d of endeavour; -ro this ter

anuscn

boo8s; @



i; author of the faous

-ihrist9 was a warra6 who was a boo8se&&er9 and he probab&y hired

other copyists to copy anuscripts for hi whi&e a&so copying the

hise&f for his own co&&ection and for sa&e; "e had an extensive 8now4

&edge of boo8s in the various Re&ds9 and was9 according to Da6ut9 a

Qu

"aid

i o G @ ! 9 ce&ebrated in his day as an exce&&ent teacher9 @CH was referred to

eanin

grapher exp&ains that he used to copy anuscripts for a fee and &ive on



yet _ourished9 and the "anba&i adhab did not have such co&&eges

Qu+ta:ih graarian

ad

dirhes

soe

ar b; Quhaad a&4*istai



(d;JY=GGY!, wa4yuhassi&u +G4usu&i wa+n4nusa8hi shira+an wa4

nas8han ( he co&&ected origina&s and copies through purchase as we&&

the

see

Warra6

copyist in *ait a&4"i8a under "arun ar4/ashid9 a&4Qa+un and

the *ara8ids; @CJ Ibn A8hi +sh4ShaR+i was a copyist wor8ing fu&& tie

for ?ahshiyari (d;@@G =CM3; @CY Abu +G4-utuh c %baid A&&ah a&4

Qusta&i was a copyist who copied boo8s for others in a asid9

>r>4r&>rr V00 TArVio&> A50E G r $T to W_ rr% tV&' 'T&d of h&S &ife; C QuhaiT&4

T"1 S$"OLASTI$ $OQQ%NITD

ad b; Da+6ub a&4Asa (d;@MY =CJ! was a copyist4boo8se&&er who

had a warra6 wor8ing under hi for the production of copies; @C



It wou&d see that there was a dierence between the boo8se&&er

t

ca&&ed 8utubi and the one ca&&ed warra6; The Rrst ay have been con4

cerned with se&&ing copies of boo8s a&ready in existence9 according to

the strict eaning of the word ( 8utub9 boo8s ! Z whereas the warra6 as

boo8se&&er was engaged not on&y in se&&ing such copies9 but a&so in

producing new ones for sa&e; One ay wonder whether they co4

issioned authors to write new wor8s Z such coissions were cost&y9

and 8nown to have been paid for by ca&iphs and other en of wea&th;

*ut a&& the above ters9 when used &oose&y9 were interchangeab&e;

e; The $orrector

r

The ter for corrector is usahhih; The best credentia&s for this

occupation was expertise in graar and &exicography; Such was the

case with t A&i b; Quhaad a&4"i&&i (d;c; YHH= GHM!9 who was

so&icitous in correcting boo8s9 carefu& not to change anything he did

not understand9 or of which he was not certain; @CC

$orrectors were genera&&y scho&ars in their own right9 and because

of their interest in the content of the wor8s being corrected9 ay not

have been the ost e\cient in their wor8; Ibn Qahrawaih and Abu

EA&i a&4-arisi et twice a wee8 to correct a wor8 for the &ibrary of 7aR

B G47ufat; +After reading soe of its fo&ios+9 re&ated Ibn Qahrawaih9

+we wou&d go on to discussing various &iterary subects; J MHH



f; The $o&&ator

The ter for co&&ator was u+arid9 u6abi&9 arid for the occupation9

u0arada9 u6aba&a; It was a regu&ar profession &i8e the others

entioned9 and its practice provided a &iving; The ascetic Abu e %ar

a:4ahid was said to have ade his &iving for a &ong tie by co&&ating

boo8s with the he&p of others; MHG

The best correcting was done9 of course9 on the authority of the

boo8+s author; *aiha6i whi&e studying with Ahad a&4Qaidani

(d;JG=G GM! in JGY= G G9 corrected with hi severa& of the &atter+s

wor8s9 inc&uding the onoasticon as4SdiR +&4asdi;0 H The uhad4

dith Quhaad b; a&4EAbbas (d;@M=CCM! co&&ated his own wor8s

with his concubine; MH@

g; 7hadi9 Servitor

The servitor served a professor9 or a wea&thy student9 whi&e pursuing

his own studies; The Rrst appointed professor of the Qadrasa

Ni:aiya9 Abu Isha6 ash4Shira:i9 had a servant; MHM Such was a&so the

case with another professor of the Ni:aiya9 As+ad a&4Qihani; MHJ Abu

J G47hattab a&47a&wadhani had a servant who was a&so one of his

students; MHY Ibn Taiiya+s grandfather9 Qad ad4Kin b; Taiiya9

who was brought up as an orphan9 accopanied his ore fortunate

paterna& cousin to *aghdad at the age of thirteen9 to serve hi and

study a&ong with hi ( &i4ya8hdiahu wa4yashtaghi&a a+ah ! ; MH Ibn



III; 'osts9 Occupations9 -unctions

@

?au:i spea8s of a &aw student who hired hise&f out as servitor G

yata8hadau

G

wa+&4wu.a:!; MH

7hadi a&47han6ah9 Adinistrator of the Qonastery

ter servitor was a&so one that designated a post with adinistra



onastery, 8hadi

onastery

that food was not wasted9 but given to the poor9 or to a cat9 but not to

Aon

wa6f property9 exp&oiting it9 doing what he cou&d to increase its

adinistrator

onastery was ade c&ear in a passage in Nu+aii

at4Tiani is said to have been appointed to the post 5

Suaisatiya Qonastery in Kaascus;

The ter for the post of servitor9 whether of the



entioned type9 was 8hida;

M

v;

2 .+v

G.

;4B0

$hapter M

ISLAQ ANK T"1

$"/ISTIAN W1ST

/1QA/7S



fai&iar with the history of ed

soe signiRcant para&&e&s between the syste

Is&a and that of the $hristian West

e

ore arenera& phenoena

such as the proinence d;iiuycivaaivv;.;v<< o 4

dec&ine and subordination of the &iterary arts9 and the crowning

achieveent of the Qidd&e Ages,;9 the scho&astic ethod in &aw and

theo&ogy9 with their 6uaestiones disputatae and rr X4



West wi&& be co

In this chapter e expends u ..4 <0

pared with that of the Is&aic 1ast and West in the hope that a better

understanding of both experiences ay be gained in the process; G he

prison wi&& be conRned to areas where the ear "er Is&aic expen

deve&opent

ore fai&iar because better docuented

i< 0 hro4 into focus e&eents which9 for

of docuentation

restricted study;

II; INSTIT%TIONS

i The %niversity as a $orporation



university is a for of socia& organi:ation produced in the $h

West in the second ha&f of the twe&fth century; As such9 it was

/oan wor&d; Nor did it originate fro

the

Ira& or onastic schoo&s which preceded it Z it diered fro

in its organi:ation and in its studies; The wor8s of ";Keni_e

ana ri; /ashda&- have ade this 6uite c&ear; -urtherore the univer4

sity9 as a for of organi:ation9 owes nothing to Is&a; Indeed9 Is&a

cou&d have nothing to; do with the university as a corporation; *ased

on the concept of uristic persona&ity9 the corporation9 an abstraction

West

the physica& person a&one as endowed with &ega& persona&ity;

The university is a twe&fth4century product of the $hristian

no on&y in its organi:ation9 but a&so in the privi&eges and protection



G

II; Institutions

0d fro 'ope

J

fro hoe

these&ves

Is&aic

Qus&i be&ievei

Is&a; @ Qus&i



Qus&i

need for protection or specia& privi&eges;

fro

acade

onastic

Is&aic

co&&ege;

case9 however9 with the



; The $o&&ege as a $haritab&e Trust

The rise of universities was occasioned by a great reviva& of &earning

tie

new 8now&edge into Western 1urope9 part&y through Ita&y and

Sici&y9 but chie_y through the Arab scho&ars of Spain+; Y This in_ux

of new 8now&edge has been described by Western scho&arship; It has

;;;;; 0 G G G t G

os

fro



+great reviva& of &earning+;

On the other hand9 what &itt&e has been said of the contribution of

the Arabs to the institutions of &earning of the $hristian West or to its

teaching ethods has been et with &ess enthusias; When ?u&ian

/ibera suggested the possibi&ity that the edieva& university owed

uch to conscious iitation fro the Arabian syste of education9

in his co&&ected Kisertaciones y opuscu&os9 -;Q;'owic8e9 one of /ash4

da&&+s &earned editors9 after describing /ibera+s wor89 disissed the

c&ai curt&y with9 +his arguent is not convincing+; /ibera+s argu4

ents ay we&& not have been convincing Z but they were not given

the beneRt of being cited in one of the usua& +Additiona& Note+4s at

uent

was not convincing;

Is&a



e&eeosynary

to Is&a; The Is&aic co&&ege9 whether of the asid or adrasa

variety9 was based on the Is&aic wa6f9 or charitab&e trust9 the

princip&es of which9 in connection with the co&&ege9 have a&ready been

treated;

hoe of the co&&eee in the Latin West

doinus

?ocius de Londoniis. ust returned fro a pi&griage to ?erusa&e+; C

This foundation9 a dous pauperu9 cae to be ca&&ed soewhat

Y ISLAQ ANK T"1 $"/ISTIAN W1ST

&ater the +$o&&ege des Kix4"uit+9 eaning eighteen poor students;

+Origina&&y9 the co&&ege was nothing ore than an endowed hos4



piciu;+ GH The ter co&&ege9 fro the Latin ter co&&egiu9 ip&ies

incorporationZ the incorporated co&&ege does not coe ihto being

unti& ore than ha&f a century &ater; %nti& then9 the co&&eges were

sip&e e&eeosynary institutions9 based on what has ;coe to be

8nown as the charitab&e trust;

In $hapter One above9 the Qus&i wa6f was described as a

charitab&e trust brought into existence by the vo&untary act of a

Qus&i individua& acting as such9; and without the ediation of the

governing power; The Qus&i founder acted individua&&y and

independent&y9 iobi&i:ing his private property for a pub&ic pur4

pose9 addressing it direct&y to its beneRciaries as deRned by hise&f9

without the ediation of the centra& authority or any other &ega&

person

Wa6f and the Tia $ausa J of *y:antiu

fro the pia causa of *v:antiii

fro the acts of charity in the $hristian West



aong

donations were9 proper&y spea8ing9 donations sub odo9 ade to a

previous&y existing &ega& person; The 6uestion ay therefore be

raised whether or not there existed in -rance and &ater in 1ng&and9 the

two great hoes of the edieva& co&&eges9 charitab&e trusts in the sense

of wa6fs whose founders act as individua&s creating foundations that

ade

Wa6f

Such foundations are 8nown to have been created in -rance and in

1ng&and; -or -rance9 A&bert )eore de Laprade&&e points out the

draatic change in the &ega& status of the Tondation J coing after the

$ounci& of Trent of G@G i; GG This $ounci& pub&ic&y censured the

patriony



aintain

then began to found dierent&y; The wi&& of the $ountess Qahaut

of Arras dated G J August G@G9 reads as fo&&ows , + Vo&o et ordino 6uod

unu hospita&e Rat J ( I wi&& and ordain that a hospita& be estab&ished ! ;

The hospita& was thus brought into existence by an act of sovereignty

on the part of the founder herse&f;

This act of sovereignty can a&so be seen in the fo&&owing deed,

A vou&u et voeu&t &idit ?ehan fonder et estorer9 fonde et estore ung

hopita& en une aison et teneent 6ue i& a; Voeu&t et ordonne

&edit ?ehan de -ierin 6ue audict hopita& ayt perpetue&&eent a

tousiours sans au&cune defau&t sept &ict: estoe:;

?ean /oche9 a bourgeois of Liog

testaent

hospice ou &es pauvres seraient regus et &oges J ; G



II; Institutions

These two foundations were not addressed to a re&igious order9 nor

to a cityZ they were neither gifts nor be6uests; ?ean /oche gave an

order that his house be ade into a hospice where the poor ay be

aditted and &odged; ?ehan of -ierin ade it an act of his own wi&&

(+a vou&u et voeu&t+!; Qany charitab&e wor8s were due to powerfu&

&ords who founded by an act of sovereignty9 and the rich bourgeois9

who iitated the9 wanted to spea8 their &anguage;

Since the wor8 of de Laprade&&e9 other studies have shown that

private individua&s had ear&ier by their own acts9 without the edia4

tion of the centra& authority9 created foundations and endowed the;

Thus bridges were founded and endowed with &ands in the e&eventh

and twe&fth centuries; GM In the twe&fth century9 &ayen founded

hospices9 poor4houses and hospita&s9 exercising their charity direct&y

for the beneRt of the poor9 without the ediation of the onasteries; GJ

Ke Laprade&&e states that such foundations created by private

individua&s without the prior authori:ation of the sovereign continued



into existence up to the edicts of the seventeenth and

eighteenth centuries; After these edicts -rance reverted to its forer

indigenous concept of foundations as donations sub odo ade to a

&ega& person created by the sovereign; *ut the type of foundation

that was the creation of a private individua& without authori:ation

fro the sovereign9 foreign to /oan &aw as it was to the *y:antine

pia causa9 was in fact the on&y 8ind of foundation 8nown to Is&a; It

coe

a &ong before it appeared in the West

n to odern ties9 &ong after it disapr

West

c; Wa6f and the $haritab&e Trust of 1ng&and

is in 1ng&and fo&&owed a dierent trend fro

continent; The 1ng&ish charitab&e trust deve&oped on the sae

pattern as the wa6f9 inc&uding perpetuity9 even when other trusts were



no &onger a&&owed to be perpetua&; The 1ng&ish trust 8ept its funda4

enta& characteristic of being exc&usive of uristic persona&ityZ but

the princip&e was deve&oped according to which a trust cou&d be

incorporated; In 1ng&and9 this deve&opent can be seen 6uite c&ear&y

in the Rrst co&&ege foundations in Oxford;

The Rrst three co&&eges of Oxford were %niversity $o&&ege9 *a&&io&

and Qerton; %niversity $o&&ege was founded with a be6uest ade in

GMC W Wi&&ia of Kurha; /ashda&& exp&ains that in spite of +the

want of any roya& charter or fora& incorporation9 the co&&ege9

according to edieva& practice9 experienced no di\cu&ty in ho&ding &and

and other property in its own nae C ; GY In spea8ing of *a&&io& $o&&ege9

/ashda&& says that its scho&ars were estab&ished in Oxford in GYY;

payents fro

coons

ay

ISLAQ ANK T"1 $"/ISTIAN W1ST



c&ai to be the o&dest of Oxford co&&eges; *ut if the anti6uity of a co&&ege

is he&d to date fro its existence as a &ega& corporation9 it ust yie&d to the c&ais

ofQerton ; ; ; *a&&io& $o&&ege was origina&&y not a &and4ho&ding corporation &i8e

other Oxford co&&eges ; ; ;E G In spea8ing of Qerton $o&&ege and co4

paring it with %niversity and *a&&io&9 /ashda&& says that on the who&e9

+Qerton has the best c&ai to be the ear&iest Oxford co&&ege; *a&&io&

existed before it9 we ay say9 de facto but not de iure9 and %niversity

de iure but not de facto; Qerton a&one existed both de iure and de facta

iniYM+; G

/ashda&& is wi&&ing to consider %niversity and *a&&io& as $o&&eges9

de facto in the one case9 de iure in the other9 but bestows upon Qerton

the nae of co&&ege in the fu&&est sense possib&e9 considering a co&&ege

to be not on&y a charitab&e trust9 but a&so a corporation; *ut in &ight of

the4 history of such institutions9 especia&&y when seen in their ear&iest

origin in Is&a9 the fo&&owing udgent of $;1; Qa&&et a8es ore

historica& sense9 and A;*; 1den right&y draws attention to it; GC

To disiss *a&&io& as an a&house because it represents an o&der

and sip&er type of foundation than the Qerton ode&9 is sure&y

to ignore the way in which the ear&iest co&&eges cae into exist4

ence9 not at *a&&io& on&y but at 'aris and e&sewhere ; ; ; Wa&ter de

Qerton+s p&ans began as ear&y as GY ; ; ; ?ohn *a&&io's p&ans

began sti&& ear&ier; Wi&&ia of Kurha+s be6uest dates fro G MC9

but it was not used iediate&y to found a co&&ege ; ; ; *a&&io&

represents the o&dest "ouse of Scho&ars in Oxford whose existence

can be proved and not ere&y conectured; Qerton represents

the o&dest corporation organi:ed on what becae the regu&ar



1ng&ish co&&egiate syste; %niversity represents the o&dest bene4

faction out of which a co&&ege subse6uent&y grew;

H

Qa&&et+s stateent ay be paraphrased as fo&&ows, If we are ta&8ing

about co&&eges historica&&y9 then9 of the Rrst three co&&eges entioned9

*a&&io& is the Rrst co&&ege of OxfordZ %niversity $o&&ege is the Rrst bene4

faction which &ater resu&ted in a co&&egeZ and Qerton9 the Rrst

incorporated co&&ege; At Oxford9 there were three Rrsts9 not on&y one; G

The +$o&&ege des Kix4"uit+9 founded by ?ohn of London9 is the

ear&iest 8nown foundation for the purpose of &odging scho&ars9 not the

ear&iest of charitab&e foundations as such; ?ohn of London was not

innovating in creating a foundation without the beneRt of authori:a4

tion fro the sovereign Z other foundations for charitab&e purposes had

a&ready been created in -rance without roya& charter; ?ohn+s founda4

tion appears to have been the Rrst of its 8ind in its purpose , a p&ace of

&odging for poor scho&arsZ and as such9 he ay have been in_uenced

by what he saw or heard whi&e on a pi&griage to ?erusa&e; Though

adrasas were not 8nown to have existed in ?erusa&e proper9 by

G GH they were nuerous in the neighbouring areas; Qoreover9

?ohn+s house of scho&ars has the sae purpose as soe of the 8hans in



II; Institutions

Is&a9 which were nuerous in the Qusi

C

@; The $o&&ege4%niversity as an Incorporated

$haritab&e Trust

Aerica; "arvard

The co&&ege4university is typica& of $o&onia&



Wi&&ia and Qary9 Da&e9 'rinceton9 $o&ubia9 $o&&ege at 'hi&a4

de&phia (&ater9 %niversity of 'ennsy&vania!9 *rown9 /utgers and

Kartouth were a&& founded as co&&eges fro the Rrst ha&f of the

seventeenth century to the second ha&f of the eighteenth9 that is9

before the Aerican /evo&ution; They were co&&eges in that they were

estab&ished private&y as charitab&e foundationsZ but they were a&so

incorporated and had the university prerogative of granting degrees;

This type of institution9 as an incorporated charitab&e trust9 cou&d

be traced bac8 u&tiate&y to Qerton $o&&eee9 which served as a ode&

x 9

$abrid

fro Qerton

ore



8eeping with history to see8 its origins e&sewhere; The antecedents are

ore c

"aven

New

In estab&ishing the universities in the new wor&d9 the &iitations

of the peop&e cope&&ed the founder to fo&&ow the exap&e of

Trinity $o&&ege9 Kub&in9 and Qarischa& $o&&ege9 Aberdeen9 and

not that of Oxford and $abridge; %pon the sae corporation

was conferred the power of the university in granting degrees and

of the co&&ege in governentZ and such counity and the

bui&dings re6uired for its use were 8nown as +The $o&&ege J ;

The arguent for Da&e pointed out that in Kub&in9 Trinity was

various&y ca&&ed +Trinity $o&&ege9 Kub&in J 9 +Kub&in %niversity J 9 and



+The %niversity of Trinity $o&&ege9 Kub&in J Z and in Aberdeen9 Scot4

@

Qarischa&

uent

inisters

trustees to found9 erect and govern a co&&ege; They fored the4

se&ves into a society at New "aven in G HH9 and the sae year9 at

a eeting at *ranford9 they founded the %niversity of Ta&e

$o&&ege; J

a; Siguen:a9 7ing+s9 Qarischa& and Trinity

The +co&&ege4%niversity J 9 in the history of institutions of &earning9 is an



rnent

ebers

ated terZ nae&y9 the charitab&e trust for the co&&ege9 and the

corporation for the university;

/ashda&& spea8s Y of the fusion of a co&&ege and a university when

treating of the %niversity of Siguen:a in Spain ( GMC!; In GM9 a

@ o ISLAQ ANK T"1 $"/ISTIAN W1ST

co&&ege for a rector and twe&ve scho&ars ( ` students ! with four student4

servitors

hi



GMC Innocent viii

authori:ed

fro

the doctors or asters of the studiu and the degrees of doctor

and &icentiate fro the bishop as chance&&or after exaination

by the doctors9 and conferring upon the a&& the privi&eges

enoyed by graduates of other universities; A co&&ege and a

university were thus fused into one9 the rector of the co&&ege ; ; ;

becoing a&so rector of the university9

becae the ode& for sii&ar co&&ege4universities &ater at A&ca&a

and e&sewhere in Spain;

deterinin



endowent

servitors Z and the factor deterinin

a university was the granting of degrees; There was one rector for both

the co&&ege and the university;

After Spain9 co&&ege4universities were founded in Scot&and and

Ire&and; In Scot&and9 two such institutions were founded9 7ing+s

$o&&ege in GMCM and Qarischa& $o&&ege in GJC@Z and in Ire&and9

Trinity $o&&ege in GJCG;

Kartouth

ent

Aerica ay be c&ear&y understood fro t



ustices of the %nited States Supree $ourt

Trustees of Kartouth $o&&ege v; Woodward

in G G C; The arguents a8e c&ear the du

co&&ege4university, a private&y endowed charitab&e trust9 and a

corporation9 fused into one; Kanie&

Webster

uent

against the State of New "apshire; "e argued that New "apshire

cou&d not change the status of Kartouth $o&&ege fro that of a

private institution to that of a State %niversity against the wishes of

the trustees of Kartouth $o&&ege; One of the basic arguents was

'



C

The case of Kartouth $o&&ege v; Woodward dea&s with the speciRc

institution of the co&&ege as a charitab&e trust9 a charitab&e trust that

a&so was incorporated Z hence a discussion of not on&y the &ega& status of

the co&&ege9 but a&so of that of the corporation;

$hief ?ustice Qarsha&&+s opinion dea&s with the corporation ,

an artiRcia& being9 invisib&e9 intangib&e9 and existing on&y in

contep&ation of &aw; *eing the ere creature of &aw9 it possesses

on&y those properties which the charter of its creation confers

upon it9 either express&y9 or as incidenta& to its very existence;

II; Institutions

@G

These are such as supposed best ca&cu&ated to eect the obect for

which it was created; Aong the ost iportant are iorta&ity9

and if the expression ay be a&&owed9 individua&ityZ properties9



by which a perpetua& succession of any persons are considered as the

sae9 and ay act as a sing&e individua&s

?ustice Qarsha&&

ine

e&eeosynary

co

donors9 for the purpose of executing the trust9 has rights which are

protected by the constitution of the %nited States J ; @G

?ustice Washington 6uotes ?ustice *&ac8stone+s deRnit

b



persons9 to be incorporated and exist as a body po&itic9 with a power to

00000 0 X

aintain perpetua& succession9 and to do corporate acts9 and each

individua& of such corporation is a&so said to have a franchise9 a

freedo+; @

?ustice Story deRnes an aggregate corporation at coon &aw as

a co&&ection of individua&s united into one co&&ective body9 under

a specia& nae9 and possessing certain iunities9 privi&eges

and capacities in its co&&ective character9 which do not be&ong

to the natura& persons coposing it; Aong other things it

possesses the capacity of perpetua& succession9 and of acting by the

co&&ective vote or wi&& of its coponent ebers9 and of suing and being

sued in a&& things touching its corporate rights and duties; It is9

in short9 an artiRcia& person9 existing in contep&ation of &aw9

and endowed with certain powers and franchises which9 though

they ust be exercised through the ediu of its natura& e4

bers9 are yet considered as subsisting in the corporation itse&f9 as

distinct&y as if it were a rea& personage; "ence such a corporation

ay sue and be sued by its own ebers Z and ay contract with

the in the sae anner as with any strangers; @@

The nature of the charity is not a&tered by the incorporating act; -or

Webster



a8in

and does not a&ter the nature of the charity;; The very obect

a8e

property9 and to c&othe it with a&& the security and invio&abi&ity

of private property; The intent is that there sha&& be a &ega& private

ownership9 and that the &ega& owners sha&& aintain and protect

the property9 for the beneRt of those for whose use it was

designed; @M

Webster

a8e a charitv ore



peranent

t

t

@ ;ISLAQ ANK T"1 $"/ISTIAN W1ST

Supporting Webster+s arguent9 ?ustice Qarsha&& sees the inco

poration of e&eeosynary institutions as a&ost indispensab&e in ord

to carry out their obects; The governent itse&f uses the incorporatii

act to proote obects beneRcia& to the country Z +and this beneRt co

stitutes the consideration9 and in ost cases9 the so&e consideration

the grant; In ost e&eeosynary institutions9 the obect wou&d be di\cu&t9 p

haps unattainab&e9 without the aid of a charter of incorporation+; T&

overnent

?ustice Qarsha&&



continues ,

-ro

granted9 nothing can be inferred which changes the character of

the institution9 or transfers to the governent any new power

over it; The character of civi& institutions does not grow out of

their incorporation9 but out of the anner in which they are fored9 and

the obects for which they are created; The right to change the is not

founded on their being incorporated9 but on their being instru4

ents of governent9 created for its purposes; The sae institu4

tions9 created for the sae obects9 though not incorporated9

wou&d be pub&ic institutions9 and9 of course9 be contro&&ab&e by

the &egis&ature; The incorporating act neither gives nor prevents

this contro&; Neither9 in reason9 can the incorporating act change the

character of a private e&eeosynary institution; @

?ustice Story deRnes e&eeosynary corporations as +constituted for

the perpetua& distribution of the free a&s and bounty of the founder9

in such anner as he has directedZ and in this c&ass are ran8ed hospita&s for

the re&ief of poor and indigent persons9 and co&&eges for the prootion

of &earning and piety9 and the support of persons engaged in &iterary

pursuits+; @

?ustice Qarsha&& then coes to consider the character of Kartouth

$o&&ege; "e sees it as



an e&eentary institution9 incorporated for the purpose of per4

petuating the app&ication of the bounty of the donors9 to the

speciRed obects of the bounty Z that its trustees or governors were

origina&&y naed by the founder9 and invested with the power of

perpetuating these&vesZ but they are not pub&ic o\cers9 nor is

it a civi& institution9 participating in the adinistration of

governentZ but a charity schoo&9 or a seinary of education9

incorporated for the perpetuation of its property> and the perpetua&

app&ication of that property to the obects of its creation;

Of prie iportance here is the fact that the incorporation of a

charitab&e trust was considered necessary in order to carry out the

obect of such a trust; ?ustice Qarsha&&9 6uoted above9 says that +the

obect wou&d be di\cu&t9 perhaps unattainab&e9 without the aid of a

charter of incorporation+; MH "e does not exp&ain why this is so unti&

II; Institutions

@@

uch



petua& app&ication of the funds which they gave9 to the obects for

which those funds were given Z they contracted a&so9 to secure

that app&ication by the constitution of the corporation; They

contracted for a syste9 which shou&d9 as far as huan foresight

can provide9 retain forever the governent of the &iterary

fored

these&ves

The reasons here given for the act of incorporation are a&& found in

the wa6f or charitab&e trust , invio&abi&ity9 perpetuity; Det the wa6f

did not a&ways prove to be as secure as the incorporated trust; The

oent soeties

IfKartouth



"apsh

becoe

dierence in security and certainty of perpetuity between wa6f and

incorporated charitab&e trust resides in the fact that the private

charity in the State of New "apshire was protected by the -edera&

governent through the Supree $ourt9 deRning the Kartouth

$o&&ege corporation as a private &ega& person with rights protected by

the higher &aw of the &and9 the $onstitution of the %nited States;

cae

si

for



perpetuity was not as secure as that of the corporation; This chief

factor9 to y ind9 exp&ains the durabi&ity of the co&&eges of Oxford

and $abridge; Their co&&eges9 fro Qerton on9 were incorporated

charitab&e trusts9 which ade the artiRcia& persons endowed with

&ega& capacity9 protected by the &aw of the &and which insured their

constitutiona& rights as &ega& persons9 and the perpetua& app&ication

of their properties to the obects of their creation;

When the co&&ege was iported into such Aerican co&onies as

Qassachusetts9 Virginia9 $onnecticut and 'ennsy&vania9 it was+

founded9 at the outset9 as an incorporated charitab&e trust;

This dua& &ega& character of the co&&ege exp&ains the confusion in

terino&ogy in the %nited States; In the Qidd&e Ages9 at the tie of

the rise of universities in the twe&fth and thirteenth centuries9 there

was no confusion between university and co&&ege; The university was

a gui&d or corporation of asters (soeties of students9 as in

*o&ogna!9 and the $o&&ege9 a charitab&e trust founded for the support

of poor students attending the university; The confusion sets in with

Aerican

Wor&d



of

@M ISLAQ ANK T"1 $"/ISTIAN W1ST

+Trinity $o&&ege9 Kub&in+9 +Kub&in %niversity+9 +The %niversity of

Trinity $o&&ege9 Kub&in+Z and by Qarischa&9 as +a co&&ege and

v0

7

university ;

0 M



ade in the co&ony of Virg

%niversity

institution was fu&&y estab&ished; In GYYH9 the co&onia& &egis&ature

Wi&&ia

estab&ished the university9 the charter of which described it as c a

certain p&ace of universa& study or perpetua& co&&ege of divinity9 phi&o4

naed

of Wi&&ia and Qary

deve&opent



3 M@

fo&&owed a trend which was the reverse of that of 1ng&and; /ather

than having a university Rrst9 then co&&eges9 they began with a

co&&ege and ade it into a university; This trend is described above

in the case of Da&e %niversity v; New "aven; MM

In the case of "arvard9 the )enera& $ourt at *oston appropriated

four hundred pounds to estab&ish an institution of higher &earning;

This was in GY@H; In GYM9 the $ourt estab&ished overseers of +a

$o&&ege founded in $abridge J ; This was &ater interpreted to ean a

+university J 9 by Qather9 who in GYC said the )enera& Asseb&y

rrr>nt>r& S charter tn this T ?niversitvE The Qassachusetts $onstitution

$abrid

J MJ

sip&e charitab&e trust its



fro

fro the oent the co&&ege becae

ecoe

of the university9 as indeed it did in the Aerican $o&onies; -ro the

strict&y &ega& point of view9 a foundation begins to exist when property

or funds are donated; MY

Webster9 in spea8ing of the foundation of co&&eges9 6uotes Lord

QansRe&d on co&&eges as e&eeosynary foundations ,

The foundations of co&&eges are to be considered in two views9

vi:; as they are corporations9 and as they are e&eeosynary; As

e&eeosynary9 they are the creation of the founder he ay

ay



o

a8es

ay

ay

specia& visitor for a particu&ar purpose and no further; The

founder ay a8e a genera& visitorZ and yet appoint an inferior

particu&ar power9 to be executed without going to the visitor in

the Rrst instance; M

Webster then says that +even if the 7ing be founder9 if he grant a

II; Institutions



@J

charter incorporating trustees and governors9 they are visitors9 and

the 7ing cannot visit+; M

?ustice Story gives the ustiRcation for visitoria& power in charitab&e

trusts9 saying

e&eeosynary

co

an inRrities

Z fro the end o

&aw9 therefore9 has provided9 that there sha&& soewhere exist a



power to visit9 in6uire into9 and correct a&& irregu&arities and

co

coon

of the dotation the founder and his heirs are the &ega& visitors9

un&ess9the founder has appointed and assigned another person to

be visitor; -or the founder ay9 if he p&ease9 at the tie oi the

endowent9 part with his visitoria& power9 and the person to

who it is assigned wi&&9 in that case9 possess it in exc&usion of the

founder+s heirs; This visitoria& power is9 therefore9 an heredita4

ent founded in property9 and va&uab&e in intendent of &awZ

and stands upon the axi that he who gives his property9 has

the right to regu&ate it in future;

Story goes on to say that patronage +inc&udes a&so the &ega& right of

patronage9 for as Lord "o&t ust&y observes .patronage and visitation

are necessary conse6uents one upon another.+; MC



ecoe the &ega&

owners of the property; JH This is not the case when the charitab&e trust

is not incorporated; Strict&y spea8ing9 even in the case of an incorpor4

ated charitab&e trust the property is not so owned by the trustees that

they can dispose of it for their own persona& beneRt;

ao

ore secure for

trust so incorporated; In a charitab&e trust the institution is governed

instruent



founder9 as &ong as they do not transgress the &aw of the &and ( in the

West!

Is&a

hand9 once the charitab&e trust is incorporated9 the statutes regu&ating

od

as the purposes of the trust continue to be fu&R&&ed; In the one case

there is a strict adherence to the stipu&ations of the founderZ in the

ty and a great aount oi &eeway; A&s

these&ves9 beins rep&aced as they coe

retireent



forer case stunts growth and deve&opent

Ld becoe possib&e for the &atter; This is

@Y ISLAQ ANK T"1 $"/ISTIAN W1ST

reasons why unto&d nubers of co&&eges in Is&a and the West cae

into existence and then disappeared9 often depending upon the

re&ative _exibi&ity of the stipu&ations their founders ade in the

instruents of their trusts; The co&&eges of Oxford and $abridge

becae

served as the distant ode&s

Aerican co&onies9 surviving

This is the fundaenta& dif

Qus&i



forer tvpe did not survive

thrived and was copied e&sewhere; The Oxford type of co&&ege was

thus enab&ed9 by the fact of incorporation9 to escape the vicissitudes of

the unincorporated endowent; It was Ada Sith who rear8ed

that +the eect of endowent on those entrusted with any cause is

necessari&y soporiRc+; This is hard&y true with co&&eges organi:ed on

the Qerton ode&9 where there deve&oped an esprit de corps9 and a

sense of be&onging which each fe&&ow carried into his &ater years &ong

after he &eft the co&&ege; This sae spirit sti&& exists in the better co&&eges

of *ritain and North Aerica; Indeed9 the +co&&ege4universities+

ties

fro the +a&uni+9 rei

a&a ater



Is&a or the West9 which 8ept intact the Qus&i ode&

endowent had for hi

ade the ost

co

ebers

brought out by /ashda&& when he treats of the dierences between the

co&&egiate systes of 'aris and Oxford; The ain dierence can be

seen especia&&y with the foundation of Qerton $o&&ege; "ere +the

scho&ars were in a dierent position to the .bursars. of continenta&

co&&eges; They were corporate &andowners9 not (&i8e the scho&ars of

*a&&io& and any 'arisian co&&eges! pensioners receiving an endow4

ent adinistered by others+; JG There was an iportant dierence

between the idea& of an Oxford co&&ege and that of 'aris, .

The idea& of the 'arisian founder was a body of students governed



by a aster9 though the character of this ru&e varied with the age

and status of those students; The idea& of an Oxford co&&ege was

rather a se&f4governing corporation whose ordinary adinistration9

on

nuber c

ore i

eber

of the aster or warden; J

Qerton ode&

0B



i

II; Institutions

@

sta8e in their co&&ege; -or this reason9 the interest of 1ng&ish fe&&ows

in their property tended to prevent the waste9 dissipation and &oss

of co&&ege revenues that occurred so fre6uent&y in the 'arisian

co&&eges; J@ At 'aris9 a scho&ar+s connection with his co&&ege usua&&y

ceased during the &ong vacation9 whereas in the 1ng&ish co&&eges9

residence during a great part of the &ong vacation was actua&&y

enforced; JM 1xcept in the event of becoing voidab&e upon pro4

otion

wise9 as a ru&e9 tenab&e for &ife in an 1ng&ish co&&ege; JJ The $o&&ege

is a watershed in the history of co&&eges9 those before it



A !&y e&eeosynary institutions9 based on the charitab&e

trus$ or wa6f9 and those after it9 and fo&&owing its ode&9 being

incorporatedZ the forer being static in character9 the &atter

Qerton

si

ic

w .$hanging of the ties; -or9 as Qac&ver says9 +If institu4

tions are to serve to the utost9 they ust be changed as &ife changes9

transfored as &ife itse&f ta8es new directions+; JY This change was

not fu&&y possib&e with institutions based on the unincorporated

charitab&e trusts9 because governed by una&terab&e stipu&ations that

had to be fo&&owed as set down by the founder; The incorporated

charitab&e trust provided for _exibi&ity through its se&f4perpetuating

trustees who cou&d a&ter the statutes as the need arose;

M; Wa6f in Western Is&a and

Two %niversities of Southern 1urope

Though the concept of the university as a corporation was foreign to

Is&a9 the experience of Western Is&a ay have had an in_uence on

the creation of two universities in southern 1urope , 'a&encia in Spain9



and Nap&es in Ita&y; 'a&encia was founded by 7ing A&fonso vin of

$asti&e in GH

1p

coe

e\ciency

Nap&es were radica& exceptions; 'a&encia was founded by roya&

coand

fora&



tionZ and Nap&es was created by a stro8e of -rederic8 n+s pen; J A

&eading feature of the universities of the Spanish 'eninsu&a is described

as fo&&ows by /ashda&& ,

Their ost consp

with the crown;

of

5s9 and any of the &ong or peranent&y

dispense with any further authori:ation than was conveyed by

roya& charters; These studio9 genera&ia +respectu regni+ are9 in any

fora&&y recogni:ed shape9 pecu&iar to the Spanish 'eninsu&a; ; ; ; JC

'a&encia was the Rrst university of this type9 a studiu generate

+respectu regni+ that is9 brought into existence by roya& authority;

A&fonso vin invited asters fro the faous schoo&s9 perhaps



@ ISLAQ ANK T"1 $"/ISTIAN W1ST

*o&ogna and 'aris9 to teach in 'a&encia for sa&aries; YH -rederic8 G i9 in

the year fo&&owing the foundation of his university9 deprived the riva&

i

coe

Nap&es; YG

fro

nora& way in which universities cae into existence; To appreciate

how they cou&d have been in_uenced by the institutions of &earning in

conteporary Western Is&a9 it wi&& be necessary to &oo8 brie_y into

the &ega& basis of Qus&i institutions in Spain and North Africa; Y



The Qa&i8i adhab was predoinant in Western Is&a; %n&i8e the

other Sunni schoo&s of &aw9 it did not a&&ow wa6f institutions to be con4

tro&&ed by their founders; The founder of a adrasa cou&d not appoint

hise&f as its trustee4adinistrator; It thus discouraged the founding

of adrasas by private individua&s9 who fre6uent&y resorted to wa6f in

order to put their wea&th out of the reach of conRscating sovereigns

and iobi&i:e the corpus for the beneRt of their heir4descendants in

perpetuity; As this was not possib&e under Qa&i8i &aw9 Qa&i8i

adrasas did not thrive in countries where Qa&i8i &aw was pre4

doinant; *aghdad had no 8nown Qa&i8i adrasas; Kaascus pro4

duced four over a period of centuries; 1gypt had on&y one that was

strict&y for the Qa&i8is9 and six others where the Qa&i8i schoo& was

on&y one of the Sunni schoo&s represented; In the who&e of North

Africa9 there were approxiate&y twe&ve Qa&i8i adrasas; $&ear&y9

Qa&i8i adrasas were far fro thriving in Is&a;

It therefore fe&& to the sovereigns and soe other high&y p&aced en

of power and in_uence to found co&&eges in Spain and North Africa9

founders whose otives in so doing &ay priari&y e&sewhere than in

providing for their descendants;

/ecent&y9 A;*;$obban has suggested that Spanish universities

+respectu regni J ay have been inspired by -rederic8 n+s %niversity

of Nap&es; Y@ This is un&i8e&y9 since the %niversity of 'a&encia+s

i

E



ore

ay

ore &i8e&y that the radica& departure Iro the origina& idea ot e

university was inspired by a source coon to both. sovereign

founders; They were in a position to be in_uenced direct&y by the

experience of Western Is&a9 where a pecu&iarity of the predoinant

Qa&i8i &aw of wa6f discouraged a&& but sovereigns to found co&&e

se&ves

rea&s

III; INST/%$TION

Qidd&e Aeres an iaginary inte&&ectua& fro



a

West9 far fro fee&ing out of his e&eent

III; Instruction

@C

[

the co&&eges of 'aris and Oxford9 With their scho&ars and fe&&ows9 and

asters



servitors; In attending the schoo& &essons and exercises9 he wou&d fee&

hoe

scho&ar9 he wou&d expect the courtesy of being invited to engage in a

disputation or two9 preferab&y three 4 the usua& nuber for *aghdad 4

with his host co&&eagues; "ard&y anything on the scho&ar&y scene

wou&d be unfai&iar to hi9 not even the non4Is&aic university9 for

that was but an abstraction9 the bui&dings be&onging9 as they did9 to

the a&& too fai&iar co&&eges; Not on&y wou&d studies9 the ethods of

teaching and exercises be 8nown to hi9 but a&so the very direction

ta8en by the ain oveents of scho&ar&y activityZ and studies9

exercises9 ethods and oveents wou&d a&& cobine to a8e hi

fee& that the Scho&astic &andscape he was visiting was but an extension

of that fro which he cae; "ow cou&d it be otherwise when the

inte&&ectua& &andscape cou&d hard&y ho&d any surprises for hi , the

proinence and pervasiveness of &ega& studies

dictainis! , the feverish concern with dia&ectic9 i

(inc&uding the ars



e

ed

suae

students+ +reports+ of disputations and professoria& &ecturesZ the

ipressive &ist of technica& ters representing the sae functions as

Is&aic

ore

&ations of the corresponding Arabic ters 4 a&& of this and

inc&uding the subordination of the &iterary arts so depressing to



by ?ohn

ia

deve&opents

hoe

et any of his Qus&i brethren fro

Qus&i West

Ita&y and southern -rance9 who had coe for pi&griage and the

pursuit of 8now&edge; "e wou&d have a&ready seen the steady strea

of pi&gri scho&ars see8ing the centres of Qus&i cu&ture , *aghdad9

fro which radiated the new studies and the scho&astic ethod Z and

Kaascus and $airo9 in which the foundation of co&&eges9 after

*aghdad9 was deve&oping at ga&&oping speed; "e had very &i8e&y



crossed the Qediterranean in the copany of returning scho&ars

&aden with their scho&ar&y booty of boo8s; In To&edo and Sa&erno9 he

wou&d be proud to see how avid&y Arabic boo8s were being trans&ated

these&ves

any $hristian scho&ars fro

"e wou&d sypathi:e with Ade&ard of *ath9 ibued

MH ISLAQ ANK T"1 $"/ISTIAN W1ST

Arabic &earning9 in his attept to convince his nephew of its superior

character9 and wou&d support hi in his eort to exp&ain that not

authority a&one9 but authority and reason ust both be pursued with

e6ua& vigour; "e wou&d sha8e his head appreciative&y whi&e &istening

to the twenty4year4o&d *oy Wonder9 -ernando of $ordova9 engaged

in disputation in the $o&&ege of Navarre in 'aris9 who wou&d reind

hi of the bright &ads bac8 hoe9 incredib&y bri&&iant and c&ever in

his rep&ies to a&& the obections proposed9 a perfect product of that

phenoenon in Spain despairing&y dep&ored by the Qo:arab A&varo

of $ordova in his Indicu&o &uinoso ,



Qy fe&&ow4 $hristians de&ight in the poes and roances of the

ArabsZ they study the wor8s of Qus&i theo&ogians and phi&o4

sophers9 not in order to refute the9 but to ac6uire a correct and

9 e&egant Arabic sty&e; Where today can a &ayan be found who

reads the Latin coentaries on "o&y Scriptures B Who is there

that studies the )ospe&s9 the 'rophets9 the Apost&es B A&as P the

; young $hristians who are ost conspicuous for their ta&ents

have no 8now&edge of any &iterature or &anguage save the Arabic Z

they read and study with avidity Arabian boo8sZ they aass

who&e &ibraries of the at a vast cost9 and they everywhere sing

the praises of Arabian &ore; On the other hand9 at the ention

of $hristian boo8s they disdainfu&&y protest that such wor8s are

unworthy of their notice; The pity of itP $hristians have for4

gotten their own tongue and scarce one in a thousand can be

found ab&e to copose in fair Latin a &etter to a friend P *ut when

it coes to writing Arabic9 how any there are who can express

these&ves in that &anguage with the greatest e&egance9 and even

copose verses which surpass in fora& correctness those of the

Arabs these&vesP YM

Of course9 we have no 8now&edge of such a visitor to the $hristian

West , the agnetis of Is&aic &earning ade it so that the thrust of

trave& was rather eastward; *ut no atter Z our iaginary visitor9 had

he been endowed with a &ife span of a coup&e of centuries9 cou&d have

witnessed the deve&opent of Qus&i education fro its centre in his

hoe4town of *aghdad in a westward ove to Syria9 1gypt9 North

Africa9 and on to Spain9 Sici&y and southern Ita&y9 and fro there to

other parts of $hristendo; It oved with the oving scho&ars9

pi&gris9 crusaders9 erchants and trave&&ersZ it trave&&ed with the

by word of outh9 as we&& as in the assive oveent of boo8s;



The two aor ethods of teaching in the Qidd&e Ages9 as ear&y as

the turn of the ninth 4tenth century in Is&a9 and the twe&fth in the

West9 were the &ecture and the disputation9 both of which wi&& now

be discussed;

III; Instruction

MG

i; The Lecture

When dea&ine with this ter

"ugh of St Victor pointed out its three4fo&d eaning and exp&ainec

it Z and ?ohn of Sa&isbury9 fee&ing that its abiguity shou&d be reoved

suggested adding another ter; *oth "ugh and ?ohn wrote in tin

twe&fth centuryZ one in the Rrst ha&f of it9 the other in the second;



ter resu&ted iro

soeth

eaning

Arabic ter 6ira+a9 which had the sae eaning as &ectio;

*oth &ectio and 6ira+a derive fro ;the verbs &egere and 6ara+a9

eaning to read out9 read a&oud9 recite9 and &ectio and 6ira+a ean

recitation9 reading;

"ugh of St Victor9 in his Kidasca&icon9 gives three acceptations for

the ter &ectio , ( G ! the active sense9 when referring to the professor

teaching the studentZ (! the passive sense9 when referring to the

student being taught by the professorZ and (@! the abso&ute sense9

when referring to a person+s reading9 without reference to teaching or

beine taught; "ere is "ugh+s exp&anation,

cu



inforatur; Triodu

Kicius eni, &ego &ibru

&ibru ab i&&o , et &ego &ibru

nforine our i

fro

a

hi



a

?ohn of Sa&isbury9 in his Qeta&ogicon9 grapp&es with the ter+s

e6uivoca& character,

&egendi uerbu e6uiuocu est9 tarn ad docentis et discentis

exercitiu 6ua ad occupatione per se scrutantis scripturasZ

a&teru9 id est 6uod inter doctore et discipu&u couni4

catur (ut uerbo utaur [uinti&iani ! dicatur pre&ectio a&teru

6uod ad scrutiniu editantis accedit9 &ectio sip&iciter

appe&&ator;

ay

activity of teaching and being taught9 or to the occupation of

studying written things by onese&f; $onse6uent&y9 the forer9 the

intercounication between teacher and &earner9 ay be

0



tered (to use [uinti&ian+s word! the +&ecture+ Z the &atter9 or the

sun

?ohn attepted to provide a so&ution to the prob&e by using [i

ian+s (d;c; a;d; ioo! pre&ectio for the teacher; If ?ohn+s so&ution

3t win acceptance9 Y one reason ay have been that the three4

M ISLAQ ANK T"1 $"/ISTIAN W1ST

e needed three dierent ters9 not two; If

pre&ect

e6uivoca&&y used for the &earner and independent reader; Qoreover9

the prob&e concerned not the substantive a&one9 but a&so and ore

fre6uent&y the verb Z and prae&egere in $&assica& Latin was a verb with



an entire&y unre&ated eaning;

"owever this ay be9 the prob&e was a twe&fth4century Latin

prob&e caused by the new &earningZ it was not origina&&y a prob&e

of c&assica& Latin9 but rather of Arabic; The ter 6ara+a9 to read out9

to recite9 origina&&y derived its eaning9 to teach9 fro the ter

6ur+an (another inRnitive noun of the verb 6ara+a! eaning

+recitation J ; The verb 6ara+a9 with the preposition +a&a9 used in the

without a cop&eent9 eans he

soeone as a teacher or an inforant

eaning

pupi&9 or &earner9 to his shai8h9 or preceptorZ and the inRnitive noun

sense

the recitation and teaching of the 7oran9 the verb 6ara+a was then



atter

cae after the verb9 as its cop&eent

Z the e6uivoca& eaning of the verb to

a

the recitation and teaching of the 7oran; The Arabic 6ara+a +a&a9 verb

and preposition9 had a doub&e eaning, ( i ! to read a&oud9 or recite9

toZ and (! to read a&oud9 or recite9 under; The sentence9 6ara+a

+G48itaba 0a&a aid9 eant he read the boo8 to aid (the student!9 as

we&& as he read the boo8 under aid9 under the direction of aid (the

professor!; In other words9 the preposition 0a&a9 in this context9 had

hi9 in the stateent

eaning



Arabic9 &i8e Latin9 had ways of distinguishing between the three

for

the verb9 a6ra+a9 (inRnitive noun9 i6ra+ ! referred to the teacher teach4

atter as co

to cause the student to read such4and4such a subect, 6ara+a +G4R6ha

0a&a aid9 he read ( ` studied ! &aw under aid; ( To this day9 a student

at Oxford or $abridge +reads+ &aw or soe other subectZ whereas

the ter 6ara+a9 in this sense9 has disappeared fro the odern

Arabic scene;! And as regards the independent reader9 the verb

eans to read9 to recite; &o e



hise&f;

Qo

addition of nafsih to the e6uivoca& verb p&us preposition, 6ara+a

hise&f

e

III; Instruction

M@

aster



se&f;

YC

sai

%aru +G48itaba +a&a aid ( Oar

partner+ ann&ie;d not on&v to Oar

a&so to his c&assates attending the +reading+ and participating in the

activities of the c&ass a&ong with Oar; Therefore those who heard the

+reading+ were9 technica&&y spea8ing9 +readers+ of the text through

hearing it9 and noting9 a&ong with Oar9 the corrections and

exp&anations ade by the teacher aid;

That sai+a9 to hear9 eant a&so technica&&y to read9 6ara+a9 is

evident in a passage referring to a ninth 4tenth century scho&ar; The

verb sai+a9 used twice9 cou&d very easi&y be rep&aced by 6ara+a; "ere

is the passage, 8ana yashtari ina +G4warra6ina +G48utuba T&ati &a



ya8un sai+aha9 wa4yasa+u Rha &i4nafsih (he used to buy fro the

boo8se&&ers those boo8s which he had not heard ` read and wou&d

+hear+ ` read in the to hise&f;! H The synonyity of 6ara+a and

sai+a in this context is 6uite evident;

The certiRcate given by the professor to the student9 or students9

naed therein9 was written usua&&y at the end of the boo8 or treatise

i

ter

ng+4certiRcate was saa+ (audition!9 an

sai+a9 to hear, an additiona& testiony to

istruction9 and the synonyity of +reading+

and +hearing+;

The c&assica& Latin &egere and the c&assica& Arabic 6ara+a have in



coon the eanin

to read9 peruse9 and to read out9 read a&oud9 recite; *ut the three

e6uivoca& acceptations described above were a deve&opent of

edieva& Is&aic education9 absent fro both c&assica& Latin as we&&

as odern Arabic; The preoccupation of "ugh of St Victor and ?ohn

ter

the need they fe&t to supp&y9 in the one case9 an exp&anation9 and in the

re

fai&iar to their readers; On the other hand9 edieva& Qus&i

too8 the ter for grantedZ it had sip&y grown out of th5

occupation with the study of the sacred scriptures;



; The /eport

Q;Qei

for

his students9 and co&&ected by one of the; "e Rrst warns that these

reports shou&d not be considered as course notes ta8en by any

ordinary studentZ were they such9 they wou&d have had severa&

fro

the

MM ISLAQ ANK T"1 $"/ISTIAN W1ST

case9 since the textua& agreeent is such that they can on&y

sidered as deriving fro a coon source; "e conectures t

ay even have been the wor8 of one or ore students wc



concert with the Krofessor; This ethod of wor8ing was 8

Thoas

A6uinas+s courses; G

coe down in the for

Qei

criticis that iefht otherwise be ade regarding the; *eing

any

eant



fessor, the text is not carefu&&y writtenZ the professor was spea8ing

fro

any divergent opinions are cited without attribution to their

&

any

reports of course notes prepared by students9 not the professor+s

Rnished wor8;

1&sewhere9 Qeiers describes the reportatio; of Nico&aus -uriosus9

aording another view of this type of &ega& &iterature,



The reportatio of Nic(o&aus! -uriosus is not the wor8 of a student

who ta8es notes during the courses; /ather it is a resue of the

opinions of ?ohannes; The author often adds to the the

opinions of other authors9 conteporaries of ?ohannes9 especia&&y

A&bericusand '&acentinus; If ?ohannes has entioned a 6uestion

o&ution9 the reportator dares to propose his

Qei

persona& so&ution;

sae

&ega& &iterature; Student note4ta8ing is the activity of ta+&i69 whether



The case of )ha::ah wi&& serve &or coparison with that ot ?Nico&aus

-uriosus; The forer+s wor8 entit&ed a&4Qan8hu&9 The Sifted9 en4

tioned previous&y9 J was a report (ta>&i6a9 reportatio! of the course

aster

hise&f

a dha8arahu ia

i tabdu&in R J &4a c na

R

&uRn R tahdhibi 8u&&i 8itabin bi4ta6s&i fusu&9 wa4tabwibi

abwab; rauan &i4tashi&i J &4uta&a c ati c inda asisi +G4haati i&a



? &4uraa0a;

Ia a&4"araain a&4?

eaning

interpretation9 except for ta8ing great pains to revise each boo8

III; Instruction

MJ

by dividing it into sections and chapters9 in the desire of faci&itat4

ing the reading when the need for consu&tation arises;! Y

There is no 6uestion here but that the discip&e has ta8en the &iberty

change the forat of his aster+s course notes; This9 at &east9 was



&at he aditted doin; *ut a perusa& of a&<Qan8hu& wi&& show that

nu

aster

aster

course notes and the discip&e+s report9 +Dou have buried e a&iveP

$ou&d you not have waited ti&& I was deadB+ (dafanta wa4ana haiy P

ha&&a sabarta hatta autP!;

6; The Scho&astic Qethod as -inished 'roduct,

The Sua

ter &ectio



+5;

ed

native to its para&&e& Arabic ter 6ira+a in the Is&aic syste of

rnena

draatica&&y

West

its para&&e& Is&aic ter9 8hi&af9 a&ready part and parce& of the Is&aic

&ega& syste in Is&a+s Rrst century9 the seventh a;d;



The 8hi&af9 or sic et non9 was one of three basic e&eents of what

cae to be ca&&ed tari6at an4na:ar ( the ethod of disputation ! 9 or the

scho&astic ethodZ the other two e&eents were ada&9 dia&ectic9 and

una:ara9 disputation; These &ast two existed in the $hristian West

prior to the twe&fth century9 and in the Is&aic 1ast uch ear&ier9

a&beit at &ess sophisticated &eve&s of deve&opent in both areas;

a; The Studies of 1ndres and )rabann

The fundaenta& wor8 on the scho&astic ethod is Qartin )rab4

ann+s asterfu& history in two vo&ues; *efore hi9 and on a uch

ore odest sca&e9 ?; 1ndres had ade an exce&&ent start; C *efore

1ndres it was genera&&y be&ieved that Aristot&e was the father of the

e

atters

to focus on the origin and ear&y deve&opent of the ethod; "is con4

c&usion was that the scho&astic ethod was a product of scho&asticis

itse&f9 and not9 as had hitherto been surised9 a product of Aristo4

te&ian phi&osophy; H In support of this conc&usion9 which he rea&i:ed

wou&d appear soewhat strange to those concerned with edieva&

thought9 G he s8etched what he be&ieved to be the historica& deve&op4

ent of this ethod;



tie

scho&asticis at a&&; "e

soe three hundred +sentences+ (6uotations fro

'rosp

0

V

MY ISLAQ ANK T"1 $"/ISTIAN W1ST

0



-athers! 6uoted fro St Augustine on atters of dogina; The wor8

has no noticeab&e order9 and is based on this one -ather of the

$hurch;

1ndres next cites the Tres &ibri sententiaru of Isidore of Sevi&&e

portance

nae&v9 the ateria&

ethodica&&y

nuber

fro

a ode&



century;

reained

ti4 twe&fth

tie9 a new ethod cae

I in Abe&ard+s Sic et ?Von; Ii

a series of a\rative sentences9 atching the with a series of

negative sentences9 a&& by -athers of the $hurch; The 'ro&ogue gives

ethod

a8es no attept

reconci&e these apparent&y contradictory opinions; -or this reason

Abe&ard was often thought to have used his procedure to produce

scepticis in the ind of the reader; 1ndres denies this on the basis of



the exp&icit ru&es cited in the 'ro&ogue9 and conc&udes that it is on&y at

tie

ethod;

e

&asticis itse&f; 1ndres does not &ose sight

soe in_uence on its &ater deve&opent

origina& deve&opent and the essentia& arrangeent of the ethod

do not go bac8 to hi; "e points out that those who be&ieve they do

trace the ethod bac8 to the aporias; *ut the Rrst wor8 that cou&d

possib&y re_ect fai&iarity with the aporias of Aristot&e is the Sua of

tie



ethod

@

Notice that in 1ndres+s ana&ysis9 there is a period of Rve centuries

rnent

ode&

i

at the beginning9 and the Sua of Sion of Tournai at the end;

)rabann devotes a fu&& vo&ue9 the &arger of the two vo&ues of his

great wor89 to the twe&fth century a&one; M $&ear&y the twe&fth century



ethod

Western ed

"oer

of the

J

)rabann agrees with 1ndres that the scho&astic ethod of

III; Instruction



M

scho&asticis itse&f; "e praises hi

e&y9 +scho&astische LQrethod

Qethode

ust

e

scho&asticis9 of which the technica& schea is er

vehic&e; Y



t4non ethod attributed to Abe&ard &oos &arge ii

&o&astic ethod; 1ndres9 &i8e any other writers G

a8es it the turning4point in this history; )rab

soe

G

deve&opent of the scho&astic e

signiRcance9 in this regardZ as for its origin9 he introduces evidence

showing that it did not originate with Abe&ard; As the origin of the

e

West



Ivo of $hartres; C 'hotius (d;CG ! wi&& be discussed present&y when

dea&ing with the 1ast;

)rabann points out that the po&eics written by the canon &awyer

*erno&d of $onstance (d;uoo! as an enthusiastic partisan of 'ope

G

ethod

contradictory sentences of the -athers9 a&ong with ru&es and instruc4

tions on how to go about reconci&ing the; *erno&d therefore stands

Western

coes



Non; CH In other words9 a good any

Abe&ard9 the canon &awyer *erno&d of $onstance had a&ready used

the ethod that is sti&& to this day attributed to Abe&ard; A coparison

between the ru&es cited by *erno&d and those cited in the 'ro&ogue of

Abe&ard+s Sic et Non revea&s a&ost a word4for4word sii&arity; CG

Ivo of $hartres (d;i G GY! is9 another canon &awyer who ade use

of the sic et ■ non ethod before Abe&ard; In the 'ro&ogue of his

Kecretu he cites the ru&es for reconci&ing con_icting texts; C The

canonica& co&&ections of Ivo in_uenced a who&e &ine of wor8s , the

"u

Non

'erhaps the greatest contribution to canon &aw in the twe&fth cen4

tury was that of )ratian (_; id4twe&fth century!; "is onuenta&

wor8 entit&ed $oncordia discordantiu canonu contains c&ose to M9HHH



texts; It is a systeatic concordance of udgents in canon &aw9 with

ru&es for the reconci&iation of con_icting texts; )ratian was in_uenced

by Ivo of $hartres as we&& as by A&ger of Liege; CM

These writers were canon &awyers who were in_uenced by canon


&

awyers aong their predecessors; )rabann a8es

sae tie

ethod

further deve&oped dia&ectica&&y by Abe&ard; This is especia&&y true

with canonists who were a&so theo&ogians9 and9 precise&y as theo4



&ogians9 were in_uenced by the theo&ogian Abe&ard as regards both

ethod and content One exao&e is /o&and *andine&&i; who wa0

becoe

ethod before Abe&ard; And it was fro

&awyers9 that the great )ratian borrowed who&e passages for his

faous $oncordia; C

0

4Why then is Abe&ard+s nae so c&ose&y connected with the sic4et4non

ethod9 to the virtua& exc&usion of its forer practitioners *erno&d

and IvoB Specu&ation here cou&d be given free rein; 'erhaps it is

sip&y because the tit&e of his boo8 is Sic etNon Z or because of Abe&ard+s

notoriety as a resu&t of his &ove aair with "e&oiseZ or because he was

a theo&ogian9 whereas *erno&d and Ivo were canon &awyers9 and the

scho&astic ethod was seen as connected on&y with theo&ogy9 not with

&aw; Qost &i8e&y9 however9 the reason ay have been in the very



nature of Abe&ard+s wor8Z for9 in its presentation9 it diers radica&&y

fro that of other authors; Abe&ard9 as we have seen9 a&&ows the state4

ents of the $hurch -athers to stand as they are9 in contradiction of

one another9 with no attept at reconci&iationZ hence the tit&e Sic et

Non9 +Des and No+; "is wor8 wou&d then Rnd its para&&e& aong Qus4

&i wor8s on 8hi&af where no reconci&iation was attepted9 and no

ade

[ad

(d;MJ=GHYY!9 a "anba&i critici:ed by the &ater "anba&i Ibn a&4

?

stateents

hence his tit&e $oncordia discor dantiu canonu9 +$oncord of Kiscordant



$anons+; Thus each of these two Latin tit&es is fu&&y descriptive of the

contents of the boo8 to which it be&ongs;

One ay therefore wonder if the Sic et Non of Abe&ard @id in fact

origina&&y contain the &ist of ru&es found in the 'ro&ogue; The ear&iest

version of this wor8 is be&ieved to have been &ost9. and the wor8 has

any

ay

wor8 had ac6uired its tit&e before the &ist of ru&es for reconci&iation was

added by Abe&ard9 or by the Aber&ardian schoo&; The &ist ay have

been added &ater GHH to p&acate the critics of a ethod that seeed

bra:en&y to put the $hurch -athers at odds with one another9 GHG and

the

)rabann



III; Instruction

MC

Abe&ard+s sic4et4non ethod that we are to see8 the decisive origin of

the technica& schea of scho&astic wor8s Z nae&y9 arguents9 counter4

arguents9 the ain thesis9 and criticis of the arguents for die

cha&&enged opinion; "e concedes that if we cou&d answer this 6uestion

in the a\rative9 then the ethod wou&d indeed constitute a founda4

tion and onuent for the history of the fora& shaping of scho&asti4

cis the externa& for in which the scho&astic ethod of the thirteenth

coes to us; In any case9 says )rabann9 we ust

ethod a coe\cient cause Z nae&y9 the assii&a

West

Topics and the Sophistica& /eft



wor8s had great in_uence on the shaping of the disputation9 which by

the tie of ?ohn of Sa&isbury ( d; G G H ! had becoe a distinct for and

acadeic

praedicatio ! ; ?ohn

Top

and says that , +without it one depends on chance9 not on art9 in dis4

putation+; GH@ -or disputation exercises are 8nown to have existed

a&ready in the schoo&s as ear&y perhaps as the tenth9 but certain&y by



(d;i GHC! spea8s of it in his Ke)raatico9 GHJ and 'eter Abe&ard boasts

in his "istoria ca&aitatu as being superior in disputation to his aster

Wi&&ia

disputatio

for

fro the &ectio; GHG The wor8s of Aristot&e ust enti

strengthened dia&ectic9 which was at the basis of this advance in

disputation;

b; The Studies of 'e&ster and 7antorowic:



After )rabann+s wor89 there were two studies of particu&ar interest

on the scho&astic ethod; The Rrst dea&s with this ethod in theo&ogy Z

the second9 in &aw; *oth focus on the disputed 6uestions9 6uaestiones

disputatae; The authors9 -; 'e&ster and "; 7antorowic:9 ade their

contributions on the basis of new&y discovered writings of the twe&fth

century9 for the &atter9 GH and of the thirteenth9 for the forer; GHC

-; 'e&ster studied Oxford %niversity custos re&ating to &ectures

and disputations on the basis of s; Assisi GJ; "e pointed out that

those who aspired to becoe asters had to &ecture and to ta8e part

in the disputations as respondent and opponent; -or their &ectures9 it

coentaries

G

a8e

these&ves



After

arguents J 9 GGH +The doinating

;9 the prob&e; The scho&ar is er

f prob&es and to have an answe

GGM

GGJ

JH ISLAQ ANK T"1 $"/ISTIAN W1ST

disputation9 which 'e&ster describes as +8erne& and apex of the who&e

scientiRc instruction not on&y aong artists and theo&ogians but a&so

in the facu&ties of &aw and edicine J ; GG As to the origin of the dis4

putation9 'e&ster cites the wor8s of previous scho&ars; The disputation9

fu&&y deve&oped9 is traceab&e bac8 to the end of the twe&fth century9 its

practice becoing genera& in the thirteenth; GG@ -or Oxford and $a4

bridge the ear&iest great co&&ection of +6uaestiones disputatae yet dis4

covered is that contained in our Assisi s;9 which aords interesting

g&ipses into the nature and ethod of disputation at that tie J ;



A study of this anuscript shows that the student prepared for his

participation in disputations by co&&ecting and 8nowing a &arge

nuber of 6uestions9 and by &earning to defend his so&ution of the

prob&e and to attac8 the opponent+s so&ution by raising di\cu&ties

against it;

It was for this reason that in s; Assisi G J9 as in Worcester s; CC9

any disputations are inc&uded containing on&y the reasons for

and against sic et non without the deRnitive answer of the

teacher; $opies of such 6uestions were so uch in re6uest

because they oered ateria& for future disputations in which the

copi&er had to appear as defender or assai&ant; -urther9 the

wor8ing out of such 6uestions was a good exercise for &ater dis4

putations;

Thus the student+s preparation consisted in the ac6uisition of as

great a repertoire as possib&e of 6uestions9 with as any opinions as

possib&e for and against (sic et non! Z and it was to his advantage to

wor8 out such 6uestions hise&f in preparation for the tie when he

wou&d participate in disputations;

When 'e&ster dea&s with the disputation itse&f9 except for those

particu&ar practices due to &oca& custo9 one can see the c&ose corres4

pondence between the Latin disputatio and the Arabic una:ara;

The essentia& technica& terino&ogy is the sae9 as can be seen in the

fo&&owing &ist, the Latin respondens corresponds to the Arabic uibZ

the opponens9 to the u+aridZ the 6uaerens9 to the sa+i&Z the 6uaes4



tiones disputatae9 to the asa+i& 8hi&aRyaZ the deterinatio9 to the

ta6rirZ the co&&atio9 to the udha8ara; 9043

The &ast entioned ter erits soe discussion; 'e&ster cites a

'arisian custo iitated by the Koinicans9 in the idd&e of the

thirteenth century9 concerning repetitiones and co&&ationes; Tn con4

trast to the repetitiones in which a student repeats the substance of

disputations9 we have the co&&ationes9 whose very nae ip&ies a con4

ference9 a discussion of a thee or prob&e between severa& per4

sons; JGGY These two exercises9 the repetitio and the co&&atio9 were

covered by the one Arabic ter9 udha8ara9 which was app&ied to

students eeting after c&ass to discuss the professor J s &ecture; GG It was

a&so app&ied to a conference9 a nuber of peop&e conferring on a

I*

LI

III; Instruction

J P



particu&ar 6uestion9 GG and to a disputation;

GGC

sae ay

ter

note9 to ta8e down9 describing the function of the reporter9 reportator9

a8ing his report9 reportatio; GG As described previous&y9 G the

Arabic verb which corresponds to notare is +a&&a6a9 to note9 to ta8e

down9 and the resu&ting report is ca&&ed the ta+&i6a9 or &ess fre6uent&y9

the ta+&&69 inRnitive noun of the verb9 denoting a&so the activity;

?ohannes

Qeiers9 +We



any

reporters 4 added the opinion of other urists or their own so&utions

of the prob&e at hand or even contradicted the aster;+ G@ The

recent&y pub&ished wor8 of )ha::a&i ( the A&ga:e& of the Latin Qidd&e

Ages9 died; 9JHJ=GG GG! entit&ed a&4Qan8hu&9 on &ega& theory and

ethodo&ogy

aster a&4?w

aster

hi in severa& p&aces and giving his own so&utions to prob&es; GM

7antorowic:9 in his Studies9 cites a Latin ter9 socius9 that is of

specia& interest; This ter is coup&ed with a possessive adective

referring to the aster; /ofredus refers to his students of &aw as eis

sociis9 GJ +y fe&&ows+9 in the sae way that the +fe&&ows+9 or graduate

students of a professor of &aw in Is&a9 were referred to as +his fe&&ows+9



ashabih; GY

7antorowic: concentrates9 inter a&ia9 on the reportatio9 to which he

attributes the surviva& of the disputations on /oan Law in the

Qidd&e Ages at *o&ogna; Whi&e wor8ing on his boo89 Studies in the

)&ossators of the /oan Law9 he found it necessary to ta8e tie out to

investigate9 for the Rrst tie9 the type of &ega& &iterature ca&&ed the

6uaestiones disputatae9 +the existing co&&ections of those 6uestions9

their structure9 terino&ogy9 and sty&e9 their historica& origins9 and

their further deve&opent+; G 7antorowic: says that +the three o&dest

co&&ections of 6uaestiones disputatae ; ; ; contain what the g&ossators

nae of reportati

+portatae

7antorowic: 6uotes a vivid account of the reportationes9 given by

$ardina& 'itra,



aster

the

nuerous9 subt&e9 soeties

G > >

inte&&igent9 records the session with care9 oins in the discussion9

and enters his reservations; The aster a&&ows the obections to

becoe exhausted9 soeties strengthens the9 to draw the

c&oser to the point9 then gives the so&ution9 the deterination9

the sentence; GC

s

J ISLAQ ANK T"1 $"/ISTIAN W1ST +



7antorowic:9 ?; Wariche:9 in his Les Kisputationes

&ad cited Qatthew of 'aris in a sii&ar description

Sion

aster is there9 seated in his chair Sion sedet; "e

&iscussion; a8es ud for the &ac8 of erudition9 intensi

debates by citing the auctoritates on both sides of the 6uestion

r

the

Soeties

to the fact that a subect had a&ready been discussed a&ibi dis4



cussu est9 or even interrupts the debates and postpones the

so&ution to another occasion a&ias tractabitur et decidetur; Kuring

a&& this tie9 his favourite student prepositus scho&aru9 nae of

)erard9 draws up a report of the session+s proceedings; G@H

Wariche: then says9 +This report is the text of the Kisputes that we are

editing today9 and which represents neither the preparation of a course

resue

3ns discussed between Sion (of Toi

7antorowic: dates the deve&opent

@G

that is9 the 6uaestiones disputatae9 to the period of the g&ossators9

+fro the beginning of the twe&fth to the idd&e of the thirteenth

century+; G@ After giving a succinct description of the 6uaestiones

disputatae of the -our Koctors9 *u&garus9 Qartinus9 "ugo and

?acobus G@@ as being reports their students ade of disputations9 G@M the

author conc&udes9 on the basis of his artic&e9 that it was not Irnerius

(d;c;i G@H!9 the founder of the schoo& of the g&ossators9 but *u&garus



(d;c;GGYY!

disputata

Irnerius +never wrote anything of the 8ind J ; 7antorowic: then goes

i

fro the teaching of /oan

d to that of theo&ogy9 not the

aroundZ and that +Abe&ard+s Sic et Non in particu&ar contributed

nothing to the &ega& 6uestions+;

The conc&usions arrived at by 7antorowic:9 in his Studies and in his

+[uaestiones Kisputatae. E both pub&ished in GC@9 are cop&eentary;

In his Studies 9 he said,



;; 0+4300;

The true ode&s of *u&garus in ethod and terino&ogy were

the c&assica& 6uaestiones9 disputationes and responsa in the Kigest9 and

certain constitutions of ?ustinian; G@J

in his +[uaestiones Kisputatae C 9 he said,

What the -our Koctors cou&d not &earn fro their ancient teachers9 at &east

not in the for in which their writings were accessib&e to the in

the Kigest9 were the edieva& ingredients9 the scho&astic4 dia&ectica& and

the authoritative positivistic e&eents of the 6uaestioZ the disputation

pro et contra with the constant reference to the $orpus of the &aw;

No &iterary source for these e&eents cou&d be found+9 they were probab&y

J@

III; Instruction

sip&y ta8en fro the p&eadings in the courts of &aw for which

these very exercises at the &aw schoo& were the preparation; Thus



4 0f

?ustinian and conteporary in_i

the

The signiRcance of 7antorowic:+s studies9 here very brie_y

ana&ysed9 is that in the he ta8es us as far bac8 as he cou&d in the search

for the origin of the disputed 6uestions9 6uaestiones disputatae; "e

right&y points out that the report9 reportatio9 was due Rrst to &ega&

education9 and &ater was ta8en up by theo&ogy; The account of Sion

of Tournai presiding over disputations in his c&ass9 whi&e his favourite

student too8 notes of the proceedings9 is an exap&e of the theo&ogica&

reportatio; Law was a&so Rrst in a8ing use of the sic4et4non ethod;

The new e&eents were deve&oped in the Re&d of &aw soewhere

around the+ beginning of the twe&fth century;

*ut the second conc&usion e&aborated by 7antorowic: presents us

with a issing &in8 Z nae&y9 the origin of the +edieva& ingredients+ ,

+the scho&astic4dia&ectic ; ; ; e&eents of the 6uaestio+ Z +the disputation

pro et contra+9 that is9 the sic4et4non ethodZ and +the conteporary

in_uences that were at wor8+ 4 a&& of which9 as he right&y puts it9 +were

of a uristic nature+;



To y ind9 this issing &in8 ust be sought in the Is&aic 8hi&af9

sic et non9 the as+a&a9 6uaestio9 the ada&9 dia&ectica9 the ta+&i6a9

reportatio Z brie_y9 in the edieva& ingredients that went to a8e up

the una:ara9 disputatio9 deve&oped by Is&aic &ega& studies;

f Qode& Suae

Thoas A6uinas

ethod

ethod in the $hristian West

towards the end of the e&eventh century; There is nothing 8nown in

the previous patristic period in the West to exp&ain its existence; Nor

can it be exp&ained by Aristot&e+s aporias9 or di\cu&ties9 as discussed

brie_y bv hi especia&&y in the beginning of *oo8 in of his Qeta4

West



sae

M

con_icting texts;

ethod is both a ethod of pr

ethod of presentation9 it ay

Thoas

and ost perfect for in the Sua Theo&ogiae of St

A6uinas; G@ This onuenta& wor8 on $hristian theo&ogy and &aw

is structured by the author into 'arts ( pars ! 9 which are divided into

[uestions (6uaestio! that are further divided into Artic&es (articu&us!

stated in interrogative for; 1ach artic&e begins with the foru&ation

guents



nuber

JM ISLAQ ANK T"1 $"/ISTIAN W1ST

t

rn by arguents for the a\rative based ain&y on Saen

coes

inat8O to the 6uestion foru&ated

es of nubered rep&ies ( responsu

aong the nubered obections;

utru



Whether

sees

sees

trine we have no need of any further 8now&edge J ; G@C This answer is

fo&&owed by speciRc points9 each with its nuber; These are the argu4

ents of the adversary; After that coes the +On the contrary ; ; ;+

(Sed contra ; ; ;!9 which cites a view opposed to the answer given

under +It sees that ; ; ;E Then coes the thesis of St Thoas with the

wr3rr8 $ T 0n0wer that + (/esnondeo dicendu ; ; ;!; This is the

Thoas+s udgent

coe



nuber, /ep&yP to T obectionP one9 ; ; ; two9 (ad priu

urn

uents

uents Z then St Thoas

the body of the artic&e Z and Rna&&y the rep&ies to the obections refuting

a&& arguents opposed to the thesis; On becoing fai&iar with the

structure of the Sua9 one usua&&y Rnds it easier to read Rrst the

6uestion in the tit&e of the artic&e9 then to go straight to the body of the

Thoas s answer and arguents9 then to read each ot

ubered obections a&ong with its rep&y of the sae

nub



Thoas

Wddih

ethod one wou&d fo&&ow in reading St Thoas; GMG -urtherore

as

e

y AAA >

presentation where he has encountered dierences of opinion either

ora&&y9 in actua& disputations9 or in writing; On the other hand9 St

Thoas did not a&ways use the sty&i:ed ethod ust described Z he a&so

wrote discursive&y as for instance in his Sua $ontra )enti&es;



tie

+'

artic&e9 fo&&owed by the obections and the rep&ies to the obectionsZ

iput

for

between the *aghdadian and the A6uinian;

xguents

guents



■I

III; Instruction

JJ

guents fo

arguents

L er tie the artic&e or unit of disputation is ore e&aborate

ucib&e to the basic schea9 nae&y , ( G ! thesis and counter

arguents for the thesisZ (@! obections to the arguents

rguents



rguents

terino&ogy is technica& The word for thesis is adh

adhahib!; The arguents

ip;reas the arguents for the co

uents

for the thesis are ca&&ed as+i&a (sg; su+a&! Z a su+a&9 signifying 6uestion9

schea

ter



uents

Qedieva&ists have seen in the chrono&ogy of disputations he&d by

St Thoas the intention of feeding the coposition of the Sua

Theo&ogiae which he was in the process of writing; In passing9 he dea&t

in these disputations with 6uestions of actua&ity; This ca&&s to ind

Ibn +A6i&+s 7itdb a&4-unun which p&ayed such a ro&e for his own wor8s

and in which he recorded disputations that had ta8en p&ace in his

presence; Soe of these were regu&ar&y he&d sessions9 and others were

he&d on the occasion of the death of a scho&ar or the inauguration of a

professor; ; ;

Ibn +A6i& and St Thoas were professors who put their interest in

students Rrst and foreost in their wor8s; In the pro&ogue to their

respective wor8s9 they both say that they are writing their Suas for

the instruction of beginners; They both spea8 of the need for c&arity in

eets

in the wor8s of predecessors; St Thoas wanted to do away with the



u&tip&ication of use&ess 6uestions9 artic&es9 and arguents+9 GM he

wanted to present the wor8 according to the order of the subect4

atter9 not according to the chrono&ogy of the various disp.0<0X

ed

c&arity of presentation and faci&ity of expression contrasting with the

di\cu&t

to coprehend; GMM "e

fro the ethod of 5

8a&a wa4dhawi +&4i+a!9 reoining the e

of urisprudence and the procedures used in the exposition of positive

G



&aw; GMJ

onuenta& Sua of three vo&ues

stateent

ethod

Wa4innaa

Wadih! tafsi&a +G4adhahib

JY ISLAQ ANK T"1 $"/ISTIAN W1ST

thua +G4as+i&a9 thua +G4awiba 0anha9 thua +sh4shubuhat9



thua +G4awiba9 ta+&hnan &i4tari6ati +n4na:ari &i +G4ubtadi+;

(In writing this wor8 I fo&&owed a ethod whereby Rrst I pre4

sented in &ogica& order the theses9 then the arguents9 then the

obections9 then the rep&ies to the obections9 then the pseudo4

arguents of the opponents for the counter4theses9 then the

rep&ies in rebutta& of these pseudo4arguents 4 a&& of this

for the purpose of teaching beginners the ethod of disputation; ! GMY

This was the schea9 the externa& techni6ue or externa& for of the

scho&astic ethod; Ibn c A6i& had a&so its inner spiritZ that is9 in the

words of )rabann9 +the use of reason in order to bring the content of

faith c&oser to the spirit of thin8ing en9 describe it as a syste and

c&arify the obections and di\cu&ties+; GM Such was Ibn +A6i&+s ethod9

as it was that of St Thoas; "e a&so shared with St Thoas a desire

for harony between reason and faith; In 7itdb a&4-unun y spea8ing as

usua& in the third person9 he refers to hise&f as soeone who has

devoted hise&f to the study of the science of the Ancients (eaning

)ree8 phi&osophy!9 who de&ights in the search for the truth whi&e

reaining re&igious and deep&y coitted to the re&igious &aws of

)od, insanun yantahi&u 0i&a +G4Awa+i&9 wa4yu0ibuhu +G4bahthu 0ani

+G4ha6a+i69 wa4huwa utadaiyin9 aiyidu +&i +ti6adi R +sh4shara+i0; G

On another occasion9 in an acadeic seron9 he says that such is the

code fo&&owed by the inte&&ectua&s who c&ing to their re&igious be&iefs9

a group with which he identiRed, hadha huwa 6anunu +&4+u6a&a+i

+G4utaassi8a bi +G4adyan; G

/eason9 for Ibn 0A6i&9 is the ost exce&&ent of )od+s gifts to an,

a&40a6&u afda&u a anahahu +L&ahu 8ha&6ah; GJH *eing )od+s gift to

an9 reason+s Rrst fruit shou&d be obedience to )od9 in his coands

and prohibitions , thaaratu +&40a6&i ta0atu +L&ahi f I4a aara8a bihi

wa4na8a8; GJG -or a ind which does not bear the fruit of obedience to



)od9 nor ustice for one+s fe&&ow an9 is &i8e an eye that cannot see9

an ear that cannot hear, fa40a6&un &a yuthiru ta+ata +G4"a669 wa4&a

insafa J &48ha&69 8a40ainin &a tubsir9 wa udhunin &a tasaE

This eans9 of course9 that if )od gave us reason9 then reason and

M

MC

GJ

reve&ation are fro the sae source9 and the two ust be &if harony

and cannot be in contradiction; + /ight reason is in agreeent with

reve&ation and there is nothing in reve&ation except that which agrees

with right reason+ , inna 0&40a6&a utabi6un &i +sh4shar09 wa4innahu

&a yaridu +sh4shar0u bi4a yu8ha&ifu >&4+a6&; GJ@

In this next stateent Ibn c A6i& directs his criticis at both the

strict rationa&ists and the strict traditiona&ists; To the doctors of both

tendencies he says9 +Nothing causes inte&&ectua&s to err except acts due

to hastiness of teper and their being content with the Ancients to the



exc&usion of the Qoderns+ , a au6a0a +sh4shubuha &i +&4+u6a&a+i i&ia

+G4bawadir9 wa +G46unu+u bi +G4Awa+i&i 0ani +G4Awa8hir; GJM *y +the

III; Instruction

J

eant the pious sa&af

eant

the )ree8 phi&osophers; *oth tendencies he regarded as being bac84

ward9 for the one repudiates reason9 whi&e the other reects reve&ation;

"e separates en into three categories with regard to reason and

reve&ation; Again9 this is how he puts it ,

*a+du +G4hu8aa+i +G4i&ahiyina ya6u&un, +R +G4hi8ati a



a

w 00 0 .00 X 4> ■ X C M

tu+addihi i&aihi +&>u6u&9 wa4tu+addibuhu bi4hi +G4a&babu wa

+n4nuha; Wa4ba+du +G4futana+i a+a&ii +&4+u6u&a usta+badatan &i

+sh4sharE ha8iatan & a&a ari +d4dunya wa4siyasatiha +&&ati &a

yiiad R4ha nassun in shar0; Wa4ba+du +s4safsaR +atta&u

ina

■ >

wa4atta&u +&4+u6u&;

( Sonie , etaphysicians say +There is in phi&osophy that which

enab&es us to dispense with prophets+; Thus they have annu&&ed

the &aws of )od and contented these&ves with the dictates of

their unaided reason and the discip&ine of their inte&&ects; On

the other hand9 soe inte&&igent peop&e have ade reason sub4

issive to the re&igious &aw9 but use it to passudgent on atters

of wor&d&y concern regarding which there is no provision in the



soe

these&ves

fro restr

as we&&; ! x

JJ

i

p&ace of reason and the p&ace of reve&ation; In one of the sections of

Wadih



ay

av

ay be 8nown by both together+ , a yu+&au

irE wa4a &a vu+&au i&ia bi +s4sa+i duna

a yasuhhu an yu+&aa bihia ai

Thoas9 Ibn +A6i& did not regard hise&f

JY

for phi&osophy (fa&safa! denied certain revea&ed truths (e;g;9 one )od9

< >>oi 9;9>;>G> Vi> i4>ciirT4prtion nf the hodv.!; "e ade use of

When

persecuted and caused to go into hidingZ his persecutors accused



hi9 aon

Qu+ta:i&is; G

copanions had isun

ere&v wanted to beneRt fro

Qu

Qu

iportant for arriving at the truth; It was their ethodo

J ISLAQ ANK T"1 $"/ISTIAN W1ST

&ogy that he wanted to &earnZ he wanted nothing to do with their



doctrines; In search of the truth9 he was ready to recogni:e it and

accept it wherever he happened to Rnd it; A ewe& in a dung4heap9 he

once said9 is no &ess a ewe& for being there; GJC

It is easy to see how Ibn 0A6i& and St Thoas A6uinas cou&d be

considered as two 8indred spirits; Li8e St Thoas9 Ibn=A6i& had a

deep and genuine respect for the truth9 coup&ed with the courage to

fo&&ow it wherever it &ed hi9 and a dogged reso&ve not to be side4

trac8ed; "e scanda&i:ed his traditiona&ist "anba&i copanions when

he dec&ared that he wou&d fo&&ow the evidence 9 not the founder of their

schoo&9 Ahad b; "anba&, a&4waibu +ttiba+u +d4da&i&9 &a +ttiba+u

Ahad9 GYH exp&aining that this is what the founder hise&f had done9

and to do so wou&d be to fo&&ow hi in his true spirit;

Ibn 0A6i& was a "anba&i9 who studied under the direction of

Qu+ta:i&is9 and who was once c&aied by the Ash+aris; GYG *ut he stood

apart fro a&& three groups9 a an sui generis; "e had great sypathy

for his own copanions9 the "anba&is9 who he never deserted9 GY

and respected the 8now&edge of the Qu+ta:i&is9 GY@ but had &itt&e or no

patience with the Ash+aris9 for he saw the as advancing with one foot

towards the traditiona&ists and with another towards the rationa&ists9

confused as to which direction to ta8e; GYM

It was his genuine sypathy for the "anba&is that taught hi

Qu



hi

circustances

showed hi how to put each in its proper p&ace and eect a harony

between the; This harony was a&together dierent fro the sort

of harony that Averroes advocated in his -a_ a&4a6d&9 G 0 J where the

i

foreost9 above theo&ogy

fro a "anaR fai&y9 &iving in a Qu

Qu c ta:i&is



fai&y

o&; What a8es hi G

is and rationa&is

r

00;;

psycho&ogica&&y sp&it in two9 so to spea89 he had the choice of choosing

one of the9 or of renouncing the both9 or of reconci&ing the; "e

chose to reconci&e the9 and was ab&e to do so because he had neither

Qu0ta:i&i rationa&is

Qu+ta:i&i+s contept



priacy to reason above faith; With a hea&thy respect for the

inte&&ectua& e6uipent of the Qu0ta:i&i9 and with the deep coit4

ent

ebodies the synthesis which ade possib&e a harony

between faith and reason; GYY

III; Instruction

JC

$ounication

The channe&s of counication between 1ast and West were not



&ac8ing, *y:antiu9 Ita&y9 Sici&y9 and Spain; When treating of the

sic4et4non ethod9 )rabann &isted the naes of those who used it

before Abe&ard; GY Two of these have a&ready been cited, *erno&d of

$onstance and I vo of $hartres; *ut )rabann spea8s of two others ,

)erbert of Auri&&ac (d;GHH@! and 'hotius9 the patriarch of $on4

stantinop&e; In a wor8 attributed to )erbert9 )rabann saw the

beginnings of the ethod of concordance9 the sic4et4non ethod9 that

was &ater to be used by *erno&d and Abe&ard; *ut there is soe

correct&y attributed to )erbert; GY

$orp

)rabann sees the beginning ot tins e

the Aphi&ochia ( [uaestiones Aphi&ochianae! of 'hotius9 a co&&ection of

6uestions 4and answers on bib&ica&9 dogatic9 phi&osophic9 gra4

atica& and historica& prob&es; In the exegetica& parts 'hotius

indicates the ru&es for reconci&ing apparent contradictions; "e especi4



ust

a8

stateent9 and to the p&ace and tie invo&vedZ one ust consider

the context and9 above a&&9 exp&ore the Sacred Scripture fro a&&

points of view; These ru&es are reiniscent of what was &ater done by

*erno&d and Abe&ard; GYC

tie

Q

Q

ost certain&y cou&d have coe

ethod; Qus&i scho&ars he&d 5



the sic4et4non

eissaries in which such eissaries

a&so participate9 especia&&y when they were scho&ars of the ca&ibre of

'hotius;

Writings such as those of 'hotius wou&d have had no troub&e

arriving in 1urope9 given the fact of *y:antine interests in Ita&y;

*efore the advent of Abe&ard and his predecessors who used the

sic4et4non ethod9 trans&ators had a&ready been active in trans&ating

wor8s fro )ree8 to Latin; The 6uarre& over iconoc&as had brought

about a igration of )ree8 on8s to Ita&y9 where they becae

estab&ished in co&onies and onasteries; This igration in turn

brought about a renewa& of )ree8 scho&ar&y &earning in southern



Ita&y and Sici&y9 which were )ree8 by tradition; There were c&ose

contacts between $onstantinop&e and Ita&y in the e&eventh century9

and southern Ita&y was regarded as part of the *y:antine 1pire we&&

into the second ha&f of the e&eventh century9 before *ari was &ost to the

Norans;

)ree8 wor8s were inc&uded in gifts sent to 1urope as ear&y as the

ninth century; The *y:antine 1peror Qichae& G G sent a codex of the

Yo ISLAQ ANK T"1 $"/ISTIAN W1ST

wor8s of the pseudo4Kionysius to Louis the 'iousZ the trans&ation was

carried out under the direction of "i&duin9 abbot of Saint4Kenis9 in

the year @J; ?ohn Scotus 1riugena revised the trans&ation (YH4!;

In the e&eventh century A&phanus G of Sa&erno (d;GHJ! trans&ated

the Ke natura hoinis of Neesius of 1essa fro )ree8 into Latin9

Severa& other wor8s were trans&ated in this century and &ater; GH The

growth of trade and coerce had brought the Venetians and 'isans

into contact with )ree8 scho&ars and &earning at $onstantinop&e;

On the other hand9 the sic4et4non ethod ay have coe direct&y

to the Latin &anguage fro Arabic9 9through Spain; To&edo9 it wi&& be

reebered9 was recon6uered fro the Qus&is by A&phonse vi in



GHJ9 the year which ar8ed the end of the )reat Sa&u6s; Soon after

this9 To&edo becae the ost iportant centre of trans&ation fro

Arabic to Latin9 under the patronage of Archbishop /ayond

(GGY4J@!; In passing9 I wi&& on&y reca&& the naes of two faous

trans&ators, $onstantine the African (d;c;GH! GG and Ade&ard of

*ath (d; after G GM!9 both of who were conteporaries of Abe&ard;

It is true that the Arabic wor8s trans&ated were ost&y wor8s on

edicine and phi&osophy; *ut even if no wor8s on &aw and theo&ogy

were trans&ated 4 and this is by no eans certain 4 the scho&astic

ethod ay have been transitted through a wor8 on edicine; -or

the scho&astic ethod of urisconsu&ts was put to use in the Re&d of

edicine9 as9 for instance9 in the wor8 of Na ad4Kin b; a&4Lubudi

( d; YH= G! , Tad6i6 a&4abdhith at4tibbiya R tah6i6 a&4asc$" a%

8hi&dRya9 5 a&d tari6 asd+i& 8hi&df a&4fu6ahdE GG5& This tit&e was trans&ated

into Latin by -;Wustenfe&d as fo&&ows, 1xp&oratio accurata dis4

6uisitionu edicina&iu de 6uaestionibus controversis vere cogno4

scendis9 ad ratione controversaru ?urisconsu&toru instituta; G@

The app&ication of the ethod of urisconsu&ts to wor8s on edicine

is not at a&& surprising (and this is by no eans the on&y instance!9

since any doctors of edicine were a&so doctors of &aw; GM

'eter Abe&ard hise&f was not unaware of the Saracens; When he

was having his troub&es in 'aris9 he dec&ared that he wou&d &i8e to go

and &ive aong the Z he fe&t that the Saracens GY wou&d receive hi a&&

the ore favourab&y since he wou&d be considered as a bac $hristian

on the basis of the accusations that were being &eve&&ed against hi; GY

Thus it wou&d have been 6uite possib&e for the sic4et4non ethod



to coe to 1urope by way of *y:antiu or Spain9 or fro both

directions; Sici&y and Ita&y were a&so active centres of counication;

It was on&y one of any e&eents that cou&d have trave&&ed9 or did

indeed trave&9 a&ong such routes;

M; The Superior -acu&ties

The nascent universities of the twe&fth century diered fro the

cathedra& and onastic schoo&s in two iportant respects, one

organi:ationa& in nature9 the other9 scientiRc; Organi:ationa&&y9 the

III; Instruction

YG

teachers of a university were united into a corporate body9 with

privi&eges9 protection and autonoy; This aspect has given the

university its viabi&ity through the centuries down to our day9 where

nothing has been invented to rep&ace it; As an inte&&ectua& centre9 it

fro cathedra& and onastic



edicine

triviu and 6uadriviu becae

new Re&ds; Of the four facu&ties of the %niversity of 'aris9 theo&ogy9

edicine were ca&&ed superior

the

ade possib&e ain&y by the in_ux of Arabic boo8s fro

Is&aic

ethod



West

The new studies appeared9 in succession , edicine9 Rrst9 in Sa&erno9

fo&&owed by &aw in *o&ogna9 then theo&ogy in 'aris; Sa&erno and

4d<i o 9>3o03r9t inter>ti no4 nara&&e&s in edicine and &aw with Is&a;

Qedicine

The Rrst of these three p&aces to produce a university was *o&ogna9

which was soon fo&&owed by 'aris9 both in the second ha&f of the

twe&fth century; *ut it was not unti& the second 6uarter of the

thirteenth century that Sa&erno received &ega& recognition fro

i

cop&ete&y free to grant degrees and ed

o



subse6uent universities;

Sa&erno becae faous because of its specia&i:ation in one of the

new scientiRc Re&ds9 edicine; *ut it diered fro *o&ogna and 'ans

in one a&&4iportant respect, the scho&astic ethod of disputation did

not p&ay in its studies the centra& ro&e it p&ayed in the &ega& studies of

*o&ogna or the theo&ogica& studies of 'aris; The new studies fored

a constitutive e&eent in the rise of universities Z but the essentia&

cata&ytic e&eent in the university oveent was the new scho&astic

ethod with its sic et non9 dia&ectic and disputation; This ethod was

the fora& e&eent that &ed to the &icence to teach9 fo&&owed by incep4

tion into the universitas agistroru9 the gui&d of asters9 the

university; Qedicine used this ethod in a spirit of iitation9 ta8en

by its popu&arity9 not because of inherent need; It thrived rather on

consu&tation9 drawing its strength fro resu&ts epirica&&y tested Z it

cou&d not aord to indu&ge in the tie4consuing dia&ectic of

probabi&ities; Ibued with )reco4Arabic edica& and scientiRc

for

ore



tion of the *aghdad hospita& than to the facu&ty organi:ation of the

1uropean university;

TO

G


b; Law at *o&ogna

*o&ogna and *aghdad present a series of stri8ing para&&e&sZ para&&e&s

of for and ethod9 and para&&e& oveents9 in the Re&d of &ega&

studies; -or and ethod have been treated in the foregoing pages,

the sic et non9 the 6uaestiones disputatae9 the reportatio9 and the &ega&

dia&ectic have their ear&ier Is&aic para&&e&s in the 8hi&af9 the asa+i&

8hi&aRya9 the ta+&i6a and the ada& of the urisconsu&ts; The sic et non9

thought at Rrst to have originated with Abe&ard in his boo8 on theo4

&ogy by that tit&e9 has since been shown9 than8s to the wor8 of )rab4

iriann9 to have been used in &aw by the canon &awyers9 and before

the9 by the g&ossators of /oan &aw9 a&ong with the 6uaestiones

disputatae9 than8s to the studies of 7antorowic:;



and ethod

of pheno

proinence of

i! banishent

anner

schoo&s of edicine;

triu

of the In6uisition in the ear&y third =ninth century9 &ed to the pro4

inence of &ega& studies; The asid9 open to a&& approved studies9



began to be founded ore fre6uent&y for &awZ then the adrasa was

created exc&usive&y for concentration on &ega& studies to produce

urisconsu&ts9 the other Re&ds serving as anci&&aries; The energy

re6uired for the scho&astic study of &aw &eft &itt&e for other subects;

'rofessors of &aw were set apart fro a&& others by a specia& exc&usive

designation9 udarris9 whi&e shai8h reained the genera& ter

app&ied to a&&; The course of studies for students of &aw was divided

into two distinct aor &eve&s9 undergraduate and graduate9 for the

utafa66ih and fa6ih9 the &atter ter being synonyous with ufti9

the Rna& product of the adrasa; Lega& studies were begun at about

the age of Rfteen after schoo& education in the a8tab and 8uttab was

over;

/ashda&& describes the para&&e& phenoenon at *o&ogna,

If the who&e $orpus &uris was to be taught9 it re6uired the un4

divided attention of its studentsZ henceforth the student of &aw

had no &eisure for other studies9 and the student of arts no &onger

ere



specia& schoo&s at which &aw was taught by distinct teachers at

such p&aces as 'avia and /avenna before the rise of the *o&ogna

fro

and students cae to be uch ore sharp&y drawn and extended

itse&f to a&& universities and schoo&s at which &aw was taught ata&&; GH

III; Instruction sY @

After the fai&ure of the rationa&ist In6uisition in Is&a9 the triu4

phant traditiona&ists saw their sa&vation in the prootion of &ega&

studies9 exc&uding rationa&ist theo&ogy9 8a&a9 fro the curricu&u;

This exc&usive character of &ega& studies too8 p&ace in *o&ogna and

southern 1urope genera&&y; /ashda&& describes it,

-ro the tie when canon &aw becae fu&&y dierentiated fro



iu of theo&ogy o& any G

facu&ty of

b&

pecu&iarity were of the highest iportance; -ro the Schoo& of

*o&ogna strict&y theo&ogica& specu&ation was practica&&y banished9 and

with it a&& the heresy9 a&& the re&igious thought9 a&& the re&igious

&ife to which specu&ation gives rise; GG

urtherore9 ust as specu&ation in Is&a9 especia&&y in *aghdad9

fn9 i n d. reR i '4e with en of edica& science9 so a&so in .

ed

en

ed



of

independent9 of ecc&esiastica& authority; The popu&arity of the Arabic

ed

phi&osophy+; G The &awyers at *o&ogna9 &i8e the theo&ogians at 'aris9

were ecc&esiastics; *ut those of *o&ogna9 in contradistinction to those

0 G G i

co

ena in Is&a Rnd their e\cie

tnu



uiv; 9u -pi >;; of specu&ation9 and its banishent fro the &ega&

oveent in Is&a; The appearance of these oveents in southern

1urope does not see to be due to &oca& causes; Their pecu&iarity in

southern 1urope ay we&& be due to their reception as such fro

Is&a9 the oveents and their concoitants a&& in a pac8age;

J; Kec&ine of the Literary Arts and

Other 'henoena

The c&assics9 according to 'aetow9 shou&d have deve&oped with every4

thing e&se in the twe&fth century9 especia&&y so at 'aris which was in

c&ose touch with $hartres and Or&eans; 'aetow continues,

*ut this was not to be because that age deve&oped other inte&&ec4

tua& interests which crowded out the &iterary c&assica& studies; A&&

the great inte&&ects were bending their best eorts towards

dia&ectic9 scho&astic phi&osophy and theo&ogy9 or the practica&

studies of &aw and edicine; G@

After pointing out that9 at the end of the twe&fth and beginning of

the thirteenth century9 Sa&erno was 8nown for edicine9 *o&ogna for

&aw9 'aris for the arts9 and Or&eans for its study of the ancient authors9

'aetow goes on to say9 +1vident&y these en be&ieved that the c&assics

wou&d 8eep their ran8 aong the proinent pursuits of that day and

YM ISLAQ ANK T"1 $"/ISTIAN W1ST



that Or&eans wou&d be the seat of a university where huanistic

studies wou&d occupy the chief p&ace in the curricu&u+; GM 1ven at

'aris the study of ancient authors sti&& nourished towards the end of

the twe&fth century9 GJ and +about GHH the study of the c&assics was

associated

Within

Kae

$oestor

because they he&ped in the study of the Scriptures9 he a&so preached

erits o& poets9 &i8e the croa8ing of frogs9 ust

a; 'aetow+s -ive $auses



edieva&

universities, ( i ! strict c&erica& fee&ing against profane &iteratureZ (!

popu&arity in the schoo&s of good edieva& Latin &iteratureZ (@!

&e &ucrative studies of edicine

dictainis

theo&ogy

Is&a

utatis utandis



&aw;

'aetow+s &ist of causes in exp&anation of the neg&ect of the &ibera& arts

utatis u

ay tor the ost

arts to &ega& studies in the rising co&&eges; The causes exp&ain the

these&ves

increasing popu&arity of &ogic ay exp&ain the neg&ect of the &ibera&

arts9 but it &eaves out the 6uestion why &ogic becae popu&ar; *y &ogic9

'aetow eant dia&ecticZ for he said9 further on9 +The ost iportant

cause of the dec&ine of the c&assics and of pure&y &iterary pursuits



the arts+; GC

einence aong

The twe&fth century brought with it a distinction between &ogic and

dia&ectic; The &ogica nova was introduced to 1urope through trans4

&ations fro Arabic wor8s; ?ohn of Sa&isbury ephasi:es the inort4

Tob

aic

fro

centuries; It was natura& that dia&ectic shou&d ta8e ho&d of the



iagination of Qus&i

ent of disputation and therefore9 for the syste of advocacy which

cou&d &ead to so&utions for the pro and con opinions of 8hi⁡ The

iportance of this ethod to Is&a was ost fundaenta&, the

aic

6uote a passage where I have a&ready given what I be&ieve to be the

reason for it ,

YJ

III; Instruction

"aving no counci&s or synods9 Is&a had to depend on the



princip&e of idE or consensus9 to deRne orthodoxy; And since

r r 0 4 ; ;G i > >$ M4%00 G4Tf oc a atter Ot

conscience9

a8e

opinion9 &est a doctrine which they opposed be considered as

organi:ation of P309 the process wor8ed retroactive&y; 1ach

generation cast its g&ance bac8ward to the generations that pre4

ceded it to see whether or not a certain doctrine had gained

acceptance through consensusZ and this was decided by the

aon

regarding that doctrine; In tie9 these dierences of opinions



were copi&ed in &arge toes9 and 8hi&af becae an iportant

erf4

Is&a

Is&a to deve&op it; It was part and parce& of the Is&aic process for

deterining orthodoxy; $hristianity cou&d very we&& not have

deve&oped it at a&&9 whereas9 without it9 Is&a cou&d not have reained

>IsTaic interest in dia&ectic was dictated by its app&ication to 8hi⁡

Whi&e Qus&i phi&osophers pursued the phi&osophy of Aristot&e9

Qus&i urisconsu&ts9 as such9 were attracted by dia&ectic as if by a

agi

ia

West



Is&a where the reasons for it were indigenous to Is&a

/enaissance of the Rfteenth century brought the c&assics bac8 to the

1uropean scene; On the other hand9 in Is&a9 under the sway of the

exc&usory re&igious sciences9 the situation of the &iterary arts was for

fro having iproved; When the &iterary renaissance9 nahda cae

to the Arab4Qus&i wor&d in the nineteenth century9 it ;was Z due in

great easure to the Lebanese oveent &ed chie_y by the $hristian

writers9 ?ibran 7ha&i& ?ibran9 Qi8ha+i& Nu+aia9 and Ain /ihani

and it drew its strength fro 1uropean &iteratures; In the second ha&f

of the eighteenth century9 the cause of the &iterary arts had sti&& to be

fought in the Qus&i wor&d9 as evidenced by the p&ea of Quhaad

Ain a&4+%ari in his ad4Kurr a&4anthur; This wor8 Rnished in

G G [ = G Y s9 is preserved in the author+s origina& in the $hester *eatty

Library in Kub&in;> "is exhortation in favour of the &iterary arts was

given in the fo&&owing ters ,

It behooves every inte&&ectua& to study a&& of the &iterary arts9 such

orpho&ogy9 etrics

"e si

ay



the

YY ISLAQ ANK T"1 $"/ISTIAN W1ST

ft4 003

iproveent

ap&e proof of their einence and desirabi&ity9 esp

of

-urtherore



very naes

aassing

reains

6ua non of the inte&&ectua&; GC@

b; Ars Kictainis

ter is derived fro the verb dictare9 to dictate9 to copose

aica& eaning being, to write in a fora& sty&e9 to copose

docuents

dictaen9 .

ay be co



was especia&&y occupied with the art of &etter4writing9 and in4

c&uded not on&y ru&es for private episto&ary correspondence9 but

a&so ore technica& ru&es for the copi&ation of o\cia& briefs or

bu&&s or other &ega& docuents; GCM

-urther on9 /ashda&& says that in the days of Irnerius (d;c;i ioo!9

proinent e&eent in a ;

he art of &iterary coposition

of the

/ashda&& cites the /ationes dictandi of the *o&ognese $anon "ugo

( c;i G@! as the ear&iest 8nown wor8 in the Re&d of dictaen; "e

reects Sard+s assertion that Irnerius had written +a notaria& for4

boo8 J ; GCY

1den

G



thirteenth centuries as a preparation for the po&itica& position

ac6uired by any urists and notaries9 i;e;9 as a training for

pub&ic &ife9 the coposition of state papers and anifestos mthese

invo&ved the use of the cursus or rhythica& prose according to Rxed ru&es!

and pub&ic spea8ing; GC

Ars dictainis9 or dictaen9 or ars dictandi9 inc&uding>the art of

the notary9 ars notaria9 deve&oped in connection with &aw 6uite ear&y

in the history of Is&aic &aw; It was designated under ore than one

nae, c i& ash4shurut9 GC c i& ash4shurut wa+G4watha+i69 +i& ash4

shurut wa+s4su8u89 GCC +i& ash4shurut wa+s4sii&&at9 HH sina+at at4

tauthi69 HG etc;9 the various naes being used in an attept to

designate the variety of fora& docuents , contracts9 deeds9 &ega&

instruents9 registers9 records9 etc;9 and the designation sina+at at4

tauthi6 designating the notariate9 or art of the notary;

eans

coposing &ega& instruents



■+■■

fro the be reRneent I

I

if;

f

G

i

III; Instruction

"ai 7ha&ifa deRned this Re&d in the fo&&owing ters



Y

It is a science which see8s ways of docuenting9 in boo8s and

registers9 decisions estab&ished in the presence of the 6adi9 in such

ay

atter

science are those decisions with respect to their docuentation;

Soe of its princip&es are ta8en fro the &aw (R6h!9 soe fro

fro

rusu

uur i



custo Tadat!9 and discretionary &ega& decisions

by reason of the fact that its concepts are arrived at in confority

ay

regarded as a branch of the &iterary arts fro the standpoint

be&&ishin

[ahir



hise&f

the treaties and contracts ;;; in the handwriting of+A&i b; Abi Tahb J 9

stateent was ade in refutation of Q

ad b; Dahya a&4?ur

epony

"anifa; HM In any case9 the Re&d in 6uestion deve&oped in Is&a &ong

before its appearance in the Latin West; HJ The art of episto&ary

e



urisconsu&ts;

fro insha+9 the art of coposition9 as app&ied by Qus&i

Wierus:ows8i

dictainis

ip&eented

the acadeic curricu&u9 was a&so recogni:ed by unicipa& and

gui&d authorities when it becae an estab&ished po&icy of the

agistrates to exaine a candidate for adission to the gui&d of

notaries as to his abi&ity in ars dictainis; This regu&ation was

introduced by the gui&d of notaries of *o&ogna in GMY and



sae craft e&sewhere; It ade

ebers

of the notaria& profession; HY

Is&a

a

co

art of coposing &ega& docuents;

";Wieros:ows8i points out that +the arriage betwee

&etters J 9 characteri:ing such en as 'iero de&&a Vigna and G



schoo&asters of the type of *onRg&io and Qino9 was &ater

under the ear&y generations of huanists9 any of who


urists and notaries; H 'iero de&&a Vigna is said to have been the

1per

Qus&i

■

"e&ias and )raar

)raar



a8es a ost interesting stateent concerning graar

rv 'aetow; &i8e /ashda&& ( who found dictaen to be +a ra

ething curious about the way in which edi

raar

soewhat curious new e&eent was the verse for

graars

No

di\cu&t to exp&ain thisph



why dia&ectic becae so very popu&ar in the sae period; Whatever ay

have been the causes therefore9 it is 8nown that a&ost every

species of &iterary production occasiona&&y appeared in verse ; ; ;

Serons were soeties thrown into poetica& for or rhythica&

prose ;;; As ear&y as G GJH9 'eter "e&ias9 a teacher at 'aris9 wrote

a brief suary of Latin graar in hexaeters; HC

!th rhyed prose9 sa09 and versiRcation were coon&y used in

Is&aic serons

graar and ot

fro

poetry of urisconsu&ts9 or &awyers+ verse9 shi+r a&4fu6aha J ; GH )ra4

ars in verse were coon; A very faous graar of Ibn Qa&i8

(d;Y = GM! was coposed in one thousand verses9 whence its tit&e

A&Ryat Ibn Qa&i8; *ut uch ear&ier than this wor8 was that of the

faous graarian and writer9 a&4"ariri (d;JGY= G G!9 author of

the Asseb&ies9 Qa6aat9 in rhyed prose9 who coposed a graar

in verse9 the Qu&hat a&4frdb; GG

! )overnent in )raar

*esides coposing a suary of Latin graar in verse9 reca&&ing

a genre coon in Arabic &iterature9 'eter of "e&ias is again found9



aong others9 in another para&&e& invo&ving Arabi$>graar;

$har&es Thurot9 in his study of edieva& graatica& princip&es9

devotes a chapter to the concept of the regie9 governent; "e cites

"ugh of St Victor9 Abe&ard and 'eter of "e&ias9 who a8e coon

usage of the expression regere9 to govern; "e cites 'eter particu&ar&y9

fro

ent wa

stateent

graatici huius teporis dicunt +dictio regit dictione

ictione

Whenever graarians

f



III; Instruction

YC

there 'rician says +a word re6uires a word ; ; ;E G

Thurot goes on to say , +In the sentence Virgi&iu vivere bonu est+ ( It is

a good thing that Virgi& &ives!9 Virgi&iu is governed in the accusative

by vivere; The reason for this is that the inRnitive re6uires the accusative

by reason of its power as an inRnitive verb9 +ex vi inRnitivV;

Thurot further 6uotes A&exander of Vi&&edieu as saying that in the

sentence +doceo pueros graatica& ( I a teaching the boys graar!9

pueros is governed in the accusative per vi transitio

prop



verb+s own power;

G@

ien9 or governent9 is one of the basic gra

atica& concepts in Arabic syntax; It is deRned as a

6auwau +&4a+na G4u

ade

4;05

raar



es

3f words are ade by virtue of a force governing the word in_ected9

rhe technica& terino&ogy ebodies the concept of governent; The

governing word is ca&&ed c ai& (governor9 the governing word!9 pi;

awai&Z the word governed is ca&&ed a+u&9 or a+u& a&4+ai&

ai&a

eans

inRnitive noun c aa& eans governent; The verbs sara and

darabtu9 in the fo&&owing sentences9 are regents governing the words

after the in the noinative and accusative9 respective&y, sara

aidun ( aid went forth ! 9 darabtu aidan ( I struc8 aid ! ; The Rrst

verb is the regent governing aidun in the noinative as its agent9 by

reason of its verba& forceZ the second verb is the regent> governing

aidan in the accusative9 by reason



noinative

intervening

aidu

ay

aidun9 without any apparent intcrvenin

noinative

e&y

noinative



a8iner it the inchoative (ubtada

except9 for instance9 where the word is a prepositive direct obectZ as

such9 it wou&d be governed in the accusative by reason of the power of

transitivity

ephasis on

A&4?urani (d;MG=GH! wr

governent in Arabic graar

One "undred /esents; GJ

co



H ISLAQ ANK T"1 $"/ISTIAN W1ST

The change in terino&ogy fro 'rician+s c&assica& Latin +5

edieva&

Why

y ind9 a signiRcant one; Why

ter +exieit J is so uch

see



concept of +governent+9 by the tie of 'eter of "e&ias (d;c;i GJH

"ugh of St Victor (d;GGMG! and Abe&ard (d;GGM!9 had becoe

fai&iar one through the study of Arabic graar9 by such scho&a

as the trans&ators of Arabic to Latin;

IV; T"1 S$"OLASTI$ $OQQ%NITD

G; The 'rofessor and the Licence to Teach

The adrasa and the university in the Qidd&e Ages had this in

coon , that they both had titu&ar professors who had acceded to

the professorship after having been du&y &icensed to teach; In Is&a9

the &icence Rrst appeared as an authori:ation priari&y to transit

hadith; The ter ia:a eant &icence9 authori:ation9 perissionZ its

synony9 idhn9 was used &ess fre6uent&y; The ia:a to transit hadith

inc&uded the authori:ation peritting others to do the sae , authority

and authori:ation were both transissib&e;

Next to the &icence to transit hadith9 two other types of &icences

deve&oped , Rrst9 the &icence to issue &ega& opinions9 a&4ia:a &i+&4ifta C Z and

&ater9 with the advent of &ega& studies in the endowed co&&eges of &aw9

the asid and the adrasa9 the &icence to teach &aw9 a&4ia:a % +t4tadris;

These two functions were a&so cobined into the &icence to teach &aw

and issue &ega& opinions9 a&4ia:a &i ? t4tadris wa "4iftaE The &icence for one

of these functions usua&&y ip&ied a &icence for the other;



With the deve&opent of R6h9 urisprudence9 the &icence was no

&onger priari&y to preserve hadith for posterityZ it deve&oped further

into a &icence to instruct9 to teach; Qere transission did not re6uire the

carrier to understand what he was transittingZ his function was to

he&p in the process of preservationZ others in the counity wou&d

provide the necessary understanding; This function was a&&uded to in

the hadith9 +Qany a carrier of 8now&edge is there who +$arries it to

another ore understanding than he J (rubba hai&i R6hin i&a an

huwa af6ahu inh!; The priary concern here was the preservation

of the 'rophet+s sunna; -i6h9 on the other hand9 &itera&&y eant

understanding; It invo&ved the teaching of the substance of what was

being transitted; It a&so invo&ved the teaching of a ethod of research

(itihad! &eading to a &ega& opinion (fatwa! in response to a 6uestion

(su+a&9 as+a&a! on soe point of &aw; GY In actua& chrono&ogy9 the

ter ifta J 9 the issuing of &ega& opinions9 is ear&ier than that of tadris9

the institutiona&i:ation of the teaching of &aw9 &ega& theory and

ethodo&ogy; It was the need for urisconsu&ts9 uftis9 that &ed to the

G

I V; The Scho&astic $ounity &



adrasa9 the Qus&i

The ia:a

fro

'rophet; "is $opanions (sahib9 pi; ashab9 sahaba,> fe&&ows9

transit

transi

approva&s of the 'rophet9 to their Successors (tabi f 9 pi; tabi+un!9 and

those coing after the9 and so on9 fro one generation to



u

hadith9 did so by that authority conferred upon hi by his pre4

decessor9 the authority being traced bac8 to the 'rophet hise&f9

coes iro

Qessenger Quhaad

i

aic

education;+



V44

eth

opinions9 conferred upon the candidate authority based on his co4

petence in &aw and &ega& ethodo&ogy; This authority and copetence

resided in the +a&irn ( pi; +u&aa+ ! 9 the &earned an of re&igion9 speciR4

r0E%t in the ?urisconsu&t9 faaih; When the aster4urisconsu&t9 th5

ud

itiate

When

nae



aster

x GGA w> hout its history down to odern ties9 the ia:a reained a

persona& act of authori:ation9 fro the authori:ing +a&i to the new&y

authori:ed one; The sovereign power had no part in the process,

air

a

ecc&esiastica& hierarchy9 no university9 that is to say9 no gui&d of

asters9 no one but the individua& aster4urisconsu&t granted the

&icence; No one cou&d &ega&&y force hi to do+ so9 or to refrain fro

doing so; The &ine of re&igious authority rested9 not with sovereign

power9 but rather with the re&igious scho&ars9 the u&aa; Qoreover9

the institutions in which the u&aa taught were creations cop&ete&y

independent of the sovereign as such9 and in no need of his sanction to

coe into existence; Indeed the sovereign had no say in the atter < c



Is&aic

Is&aic

exaination

exaining scho&ar as to the co

sip&e process9 the exaination

putation in which the candidate for the &icence defended a thesis or

series of theses; When


disputation he was given the &icence ( ia:a ! to teach &aw ( tadris ! and



rnent

3ent

fro

As a &icence to teach9 the ia:a deve&oped in Is&a at &east as ear&y

as the fourth = tenth century; Soe two centuries &ater9 in the second

ha&f of the twe&fth century9 it ade its appearance in the Latin West;

As a technica& ter9 it appeared in a decreta& of 'ope A&exander G G G

(pontiRcate, G GJC to G GG !; G It was a &icence to teach9 a &icentia

sae

/oe

was the &icence produced by 1astern $hristian *y:antine education9

which was a direct continuation of c&assica& education; Nor was it



Western

onastic

West

nuber of institutions without indigenous antecedents;

The case of Abe&ard9 who died in the Rrst ha&f of the twe&fth century

( in G G M ! 9 is instructive in this regard; The accusation brought against

his teaching was not because he taught without a &icence; /ather he

was accused , ( G ! for ta8ing it upon hise&f to teach pub&ic&y a boo8

that had not been approved by the 'ope or the $hurch Z and ( ! for

teaching without having studied under a aster ( sine agistro ! Z his

crie being that he began teaching when he had studied with Anse&

of Laon for on&y a very short period of tie; GC There being no

&icentia docendi at the tie9 the conditions for teaching were ( G ! that

one shou&d have studied for a nuber of vears under a aster9 the

i



teach Z ( ! that the candidate shou&d be a ora& person ( Abe&ard &ost

his chair fo&&owing accusations against his ora&s ! Z and ( @ ! that he

be orthodox; Abe&ard was enoined by his aster Anse& fro co4

enting on 1:echie& in his p&ace ( in &oco agistri sui ! ; The aster did

not want to be he&d responsib&e for the errors that the novice cou&d

coit in coenting the Scriptures; Abe&ard was condened at

the $ounci& of Sens9 after which he was prohibited froZteaching; H

The dierence between the ia:a &i +t4 tadris and its &ater para&&e&9

the &icentia docendi9 was not in the &icence or authori:ation itse&f9 but

rather in the granting authority;

cae to be 8nown in the Qidd&e

Ages9 whether in Is&a or in Western $hristendo9 derived its

&egitiacy fro two sources, (G! authority based on recogni:ed

copetence in the Re&d of 8now&edge invo&ved Z and ( ! authority based

on a recogni:ed right to grant authori:ation to teach;

In the West9 the Rrst authority was c&aied by the asters of the

nniversitv to be their rie4ht, the second cae to be&ong to the pope9 the



IV9 The Scho&astic $ounity @

eperor or 8ing; In the two ode&

a8ing

docendi; 1ach institution began with one of the two cited authorities9

&ater fo&&owed by the other typeZ and the tradition of *o&ogna was the

reverse of that of 'aris;

In 'aris9 it was the chance&&or who contro&&ed the granting of the

&icenceZ and when the aster had obtained his &icence he was

fora&&y initiated into the corporation of asters in a cereony ca&&ed

the inception9 G In the Rrst few decades of the eergence of the

university the chance&&or c cou&d grant or refuse the &icence at his own

discretion in the Rrst instance, he cou&d deprive a aster of his

&icence ; ; ; (and! he cou&d enforce his udgents by excounica4

tion J ; Later9 the 6ua&iRed teacher was given the right to a &icence9

and the contro& of the chance&&or and the corresponding right of the

teacher to>a &icence fored the basis of the 'arisian syste; @ The

part p&ayed by the corporation of asters was that a &icensed teacher



had sti&& to +incept+9 otherwise he was not aditted into the corpora4

tion9 the universitas agistroru; 0 %p to the end of the thirteenth

century the strugg&e continued between the asters9 on the one hand9

and the chance&&or9 on the other;

In *o&ogna9 however9 ecc&esiastica& contro& did not becoe estab4

&ished unti& the end of the second decade of the thirteenth; 'revious to

that9 according to /ashda&&9 +Irnerius and his conteporaries9 so far

as we 8now9 were private and unauthori:ed teachers Z neither they nor

their scho&ars be&onged to any institution or enoyed any &ega&

privi&ege whatever J ; J /ashda&& goes on to say that +in the days of

Irnerius the teaching o\ce cou&d (so far as can be gathered! be

assued by anyone who cou&d get pupi&sZ he re6uired no &icence or

perission fro any authority whatever9 ecc&esiastica&9 civi&9 or

acadeica& J ; Y /ashda&& further points out that the asters con4

ducted the exainations at *o&ogna9 and conferred in their own nae

the &icence to teach9 in contrast to the 'arisian syste ,

This unfettered &iberty of the doctors was9 however9 out of

harony with hierarchica& ideas , it was contrary to the genera&

princip&e of canon &aw which c&aied for the $hurch a certain

contro& over educationZ and it was contrary to the ana&ogy of the

schoo&s north of the A&ps9 particu&ar&y of the great university of

'aris9 where the &icentia docendi had a&ways been obtained fro

the chance&&or of the cathedra& church; According&y9 in G GC

"onorius in9 hise&f a forer Archdeacon of *o&ogna9 enoined

that no prootion to the doctorate shou&d ta8e p&ace without the

consent of the Archdeacon of *o&ogna ; ; ; )raduation ceased to

ip&y the ere adission into a private society of teachers9 and

bestowed a deRnite &ega& status in the eyes of $hurch and State



a&i8e ;;; *y the assii&ation of the degree4syste in the two great


schoo&s of 1urope9 an archetypa& organi:ation was estab&ished

nor

becae

eantie9 the two sources of authority were not a&ways invo&ved

together; Kuring the dispersion of GC9 asters seceding fro 'aris

went e&sewhere to teach9 far reoved fro ecc&esiastica& intervention;

Qany went to the cathedra& schoo&s9 such as Tou&ouse9 Or&eans9

/eis and Angers; At Angers9 where they pursued their teaching

without interference9 they granted &icences on their own authority9

without the sanction of either bishop or chance&&or; These &icences

were &ater va&idated by papa& bu&&;

At Oxford9 between G GM and G GM9 that is9 between the tie when

the studiu was in fu&& wor8ing order and the date of the chance&&or+s

appointent9 a period of three decades9 the asters of Oxford ay



asters

as

In the south of -rance9 )ui&&a v9 &ord of Qontpe&&ier9 issued a

proc&aation in G GG a&&owing a&& edica& en who wished to teach

edicine at Qontpe&&ier to do so free&y9 which suggests that +neither

asters nor bishops possessed 4 or at &east possessed undisputed&y 4 the

hise&f

Qague&one

nae



7ing; @ As 7ing of Sici&y9 1peror -rederic GG forbade the practice

and teaching of edicine without the /oya& Licence; The asters of

Sa&erno and certain roya& o\cers adinistered the 6ua&ifying

exaination; @@

The regu&ation of the &icence to teach was the wor8 of the popes ,

A&exander iii+s decreta& [uanto )a&&icano9 the Third Lateran $oun4

ci& in GGC9 the instructions of "onorius in to the Archdeacon of

*o&ogna9 and papa& authority epowering the asters to give their

sanction to the grant of the &icence; @M

The ia:a &i+t4tadris and the &icentia docendi were both &icences to

teachZ they were teachers J certiRcates; @J *oth &icences were based on

re&igious authority; In Is&a9 that authority was passed on fro

individua& to individua&; In the $hristian West9 it=vvas granted

eventua&&y by two sources , by the ecc&esiastica& hierarchy on&y9 as in

'arisZ or by the asters a&one9 acting as a gui&d or corporation9 as at

cobined

a

archy9 nor the corporationZ for this reason9 the connection between

the Is&aic ia:a &i+t4tadris and the &icentia docendi reained obscure9



and c&ais regarding the in_uence of the forer on the &atter

reained

Weste

I V; The Scho&astic $ounity J

scho&ars of the Is&aic syste of education in the nineteenth centur

Kanie& "aneberg9 in his wor8 on Is&aic education9 pub&ished

Qunich in GJH9 a8es the fo&&owing stateent regarding the ia:

+I suppose that our &icentiate stes fro this Qus&i institutio

eaning the ia:a (Ich verute9 dass unser Licentiat von dies

Quhaedanischen 1inrichtung herstat; ! @Y

?u&i

Qus&i



Sarago:a9 during the acadeic year of G C@4M9 in which he expressed

the opinion that the Qus&i syste of education ay we&& have

in_uenced the university in the Latin West; "e based his opinion on

the study of certain phenoena9 aong the the granting of degrees

or tit&es9 a custo which had not existed previous&y in the West9

whether in edieva& $hristendo9 or in /oe or )reece; In GC@9

)abrie& $opayre pub&ished a boo8 fro which /ibera 6uoted a

stateent and coented on it; $opayre wrote that +the univer4

sities sprang fro a spontaneous oveent of the huan ind+; @

/ibera coented that this was +a very pretty stateent for one who

can Rnd any sense in it+ (-rase uy bonita para 6uien pueda

encontrar&e sentido!; @

-rederic8 Qaurice 'owic8e9 the &ate /egius 'rofessor of Qodern "is4

tory of Oxford9 after suari:ing /ibera+s arguent9 refers the reader

to /ibera+s treatent of the ia:a in a subse6uent section of the ono4

, >;9Z<<Z9>+ @C

uent

uent ade



Is&aists

edieva&ists

&icentia docendi9 p&aced too uch ephasis perhaps on the granting

authority; When one copares that authority in the West 4 originat4

ing as it did eventua&&y fro both the corporation of asters

the3 prf4r&pcia6tira& hierarchy ( 'arish Xwith

fro

Is&a

aster



a&one9 cop&ete&y independent of sovereign

ting to do with either a corporation of asters or

arrhv hnth non4existent in Is&a 4 when such a

coparison is ade9 the arguent in favour of in_uence ust in

appear unconvincing;

The two constitutive e&eents of the &icence9 whether in Is&a

$hristendo9 were9 as previous&y entioned9 ( G ! authority to G

copetence; In the two systes

es diered fro one another i

systes

sae




The granting authority in both systes was basica&&y re&igious; In

Is&a9 re&igious authority resided in the individua& re&igious aster4

urisconsu&t; "e was the counterpart of the re&igious representative9

the chance&&or9 in 'aris9 as we&& as of the +secu&ar0 aster or doctor of

the &aw in *o&ogna; As previous&y entioned9 the +heirs+ of the

'rophet were the individua& &earned en9 not a re&igious hierarchy;

The ca&iph was not the e6uiva&ent of the pope; The agisteriu9 the

teaching authority9 resided in the pope together with the counci&s and

synodsZ in the case of Is&a the authority resided in the u&aa9

speciRca&&y in the aster4urisconsu&ts whose opinions went to a8e

up the consensus9 iaE

If the atter of authority oers soe di\cu&ty9 a&beit superRcia&9

that of copetence9 &eading to 6ua&iRcation for the &icence to teach9

presents a very c&ear picture; The steps &eading the Qus&i candidate

to the ia:a &i+t4tadris have a&ready been described Z those of the $hris4

tian candidate &eading hi to the &icentia docendi are too we&& 8nown

to re6uire &engthy e&aboration; MG -ro initia& training in the &iterary

arts9 to ebar8ing on the &ong course of study &eading to the aster4

ship9 passing through the ran8s of scho&ar (utafa66ih! and fe&&ow

(fa6ih!9 representing the undergraduate and graduate &eve&s9 assist4

ing the aster as ordinary repetitor (u+id! or extraordinary docent

(uRd!9 inc&uding the wor8 of bui&ding up repertories of disputed

6uestions (asa+i& 8hi&aRya9 6uaestiones disputatae!9 the student

practice of 6ui::ing one another (udha8ara9 co&&atio!9 disputing

for practice with fe&&ow students9 or with asters in c&ass ( una:ara9

disputatio!9 disputation based on the confrontation of con_icting



opinions (8hi&af9 sic et non!9 and the astery of dia&ectic (ada&9

dia&ectica ! 9 and Rna&&y obtaining the &icence to teach ( ia:a &i+t4tadris9

&icentia docendi!9 and incepting by giving the inaugura& &esson or

&ecture (dars iftitahi9 inceptio!Z these stages of deve&opent are so

identica& in nature and so we&& docuented in the sources as to reove

the &i8e&ihood of para&&e& deve&opent due to ere chance; The

deve&opent in Is&a too8 p&ace ore than a century before any part

of it began in the $hristian WestZ and the technica& ters invo&ved

convey the sae content and are9 in ost cases9 exact trans&ations of

their Arabic antecedents;

; Qufti9 Qagister and Qagisteriu

In the previous section the Is&aic &icence to teach was described as

inc&uding the &icence to issue &ega& opinions9 a&4ia:a &i+t4tadris wa

@ &4iftaE The ter ifta J eans the issuing of a fatwa9 a &ega& opinion; The

urisconsu&t9 fa6ih9 issuing such an opinion does so in his capacity as a

ufti; The person so&iciting the fatwa is referred to as the ustafti;

The ufti is ca&&ed upon to exert hise&f to the utost in the study of

the Sacred Scripture9 the 7oran and hadith9 and in researching the

sources of the &aw9 in order to arrive at his &ega& opinion; This exertion

I V; The Scho&astic $ounity

&itihari anr& the &iirisronsii&t who so exerts hise&f is ca&&



as+a&a! put to hi by a Qus&i &ayan ( 0ai

9 Qus&i &aw9 R6h9 encopasses

u0aa&at

Qus&i

hi

i usib9 no atter what his opinion ight be; The ter usi

eans one that hits the ar8



sae

being +right+9 for being the resu&t of the re&igious&y exerted eort9

itihad9 of the urisconsu&t; The urisconsu&t is rewarded in the wor&d

to coe99 even if he is eventua&&y proven to have been ista8en; If9 on

the other hand9 his opinion eventua&&y proved to be a correct one9 he

is doub&y rewarded; /ight or wrong9 he is certain of his reward;

Is&a

draati:ed the iportance of this supree

preiu

exercise of itihad;

The freedo of the ufti in arriving at his persona& opinion is

atched by the freedo of the ustafti in fo&&owing the opinion of his



choiceZ for he ay so&icit as any opinions as he wishes9 and ay

fo&&ow whichever he chooses;

A&& &ega& opinions per se are va&id in the eyes of the &aw and con4

fro the generation in which they were ade

counityZ opinions that eer

eerge

by the wayside; On the other hand9 con_icting opinions that stand out

e6ua&&y strong and do not succeed in dis&odging their opposites9 ay

be fo&&owed according to the individua&+s choice;

The professor of &aw professed his course of &aw as head of the

co&&ege9 its on&y titu&ar professor; "e was free to &eave that co&&ege in

favour of another9 free to ove fro ebership in a adhab and

oin another9 free to deve&op his own ethodo&ogy of &aw and teach it;

"is freedo was atched by the student+s freedo to study with the



professor of his choice9 his freedo to &eave one co&&ege in favour of a

scho&arship or fe&&owship in another9 his freedo to change his

ebership in one adhab to oin another;

1ar&y in the deve&opent of co&&eges of &aw the professor taught the

&aw according to one adhab9 that represented by the co&&ege;

f9 two or ore adhabs within one architectura& co

fro one wa6f9 with as any professors of &aw as there >

adhabs

I


&aw cou&d teach according to two or ore adhabs9 but the student

bodies were not ixed Z the professor oved fro one student body to

another as he taught the &aw according to the adhab represented by

the student body concerned;

*oth the freedo to teach and the freedo to &earn were freedos



within the context of Is&a; The teaching authority9 the agisteriu9

resided in the u&aa whose opinions eventua&&y went to a8e up the

consensus on orthodoxy in Is&a; They were those who had the

responsibi&ity of teaching and defending the faith , teaching the word

of )od and defending the faith against heresy; "eresy was that which

went counter to the consensus of the counity of doctors of the &aw9

ebers of that counity ca&&ed the +'eop&e of the 'rophet+s Sunna

and "is $ounity+s $onsensus+ ( Ah& as4Sunna wa+G4arna+a!;

It was theZ consensus of the u&aa as doctors of the &aw9 the aster4

M

urisconsu&ts9 that9 in the Rna& ana&ysis9 passed udgent on whether a

re&igious doctrine was true or fa&se9 orthodox or heretica&; This teach4

ing authority9 this agisteriu9 be&onged to these u&aa9 not to the

sovereign power9 whether ca&iph9 su&tan9 or any ebers of the

governing power; When the sovereign power began to hire its own

uftis9 their action constituted interference with the free9 unfettered

character of the agisteriu; The Qus&i counity of doctors

considered the opinions of each ufti to be9 at best9 ust so any

opinions to be considered on an e6ua& footing with those of the other

Tree+ uftisZ at worst9 their opinions were considered suspect and

representing the interests of the centra& power9 rather than the Qus&i

counity as a who&e;

Various degrees of authority were attributed to the doctrines the4

se&ves9 according as they were based on the exp&icit texts of the 7oran9

on sound hadith universa&&y considered as authentic9 on opinions of

the doctors in accordance with their reputations9 recogni:ed on the



basis of their &eadership9 riyasa9 as aster4urisconsu&ts9 their success

in defending their opinions and defeating those of their opponents;

*efore an opinion received the iprint of consensus and becae

doctrine9 the arguents for and against it were considered and

debated; The habit of exaining the pros and cons o8a 6uestion

incu&cated a sense of freedo in the inds of urisconsu&ts9 freedo to

treat any 6uestion whatsoever; When in the eyes of the counity

of doctors a disputant went too far9 that is9 so far as to spi&& over into

heresy9 even then he was not condened unti& he was given a chance

to see his error and recant ( tauba!; *ut short of apostasy9 to exact the

capita& punishent fro one persisting in his heresy9 ca&&ed for the

cooperation of the sovereign po&itica& power; On the other hand9

whether for apostasy or heresy9 the sovereign power had to have the

concurring opinions of the aority of recogni:ed aster4uris4

consu&ts to exact the u&tiate pena&ty;

I V; The Scho&astic $ounity C

There is an interesting para&&e& to be drawn between the position

he&d by the u&aa in *aghdad9 for instance9 cu&tura& centre of the

edieva& Qus&i wor&d9 and the -acu&ty of Theo&ogy of the %niver4

sity of 'aris in -rance9 +e&dest daughter of the $hurch+ (R&&e ainee de

'1g&ise!; In Is&a9 where there is no $hurch9 no ecc&esiastica& hier4

archy9 no counci&s or synods for the purpose of deRning orthodoxy9 it

is understandab&e that such a echanis as the consensus9 iiaE



r

agistenu

sii&ar ro&e;

theo&ogy in 'aris is not 6uite so understandab&e;

$har&es Thurot9 in his study on the organi:ation of teaching in the

Qidd&e

Theo&ogy

Theo&ogy

ent



orthodox or heretica&; The bishop and in the &ast resort the 'ope

si

punishent

enation

without having recourse to the science of theo&ogy9 that is to say9

to its depositaries9 the doctors of theo&ogy; According&y9 the pope

hise&f cou&d not pass Rna& udgent in atters of doga; Such

was the syste uphe&d by 'eter of Ai&&y9 in G@9 before 'ope

$&eent vii; According to these princip&es9 the -acu&ty of Theo4

&ogy had functions ana&ogous to those of the ury in our Assi:e

$ourts9 and the episcopa& and pontiRca& power was &i8e the

tribuna&; M@

Thurot goes on to exp&ain ,



deve&opent

fro

Theo&ogy of the %niversity of 'aris inc&uded9 at the tie9 a&& that

$hristendo had as einent theo&ogians9 And in the fourteenth

century9 the %niversity was9 so to spea89 the on&y one; No other

university was coposed of ore ebers and of ore dis4

tinguished doctors; A&& the nations were aditted to the Sor4

bonne Z a&& the re&igious orders were represented in 'aris by the

e&ite of their *rethren; It &oo8ed as though there cou&d not be

found anywhere e&se a ore ipartia& and ore en&ightened

tribuna&; MM

*ut such a tribuna& had no roots in the $hristian past9 or in the

a8e



ate fro

fored t

H ISLAQ ANK T"1 $"/ISTIAN W1ST

of &ast resort on atters of doga;

The situation in fourteenth4century 'aris shows the doctors of the

-acu&ty of Theo&ogy re&ating to bishop and pope in the sae way as

the doctors of Is&aic re&igious &aw re&ated to the ca&iph and those to

who he de&egated power; The doctors of Is&a gave the uridico4

theo&ogica& reasons9 and the sovereign power app&ied the pena&ty in

atters invo&ving do>a;

Is&a

ethod

deve&oped in its co&&eges of &aw; In $hristianity9 neither the scho&astic



ethod nor the consensus of doctors was needed to arrive at ortho4

doxy; The counci&s were there to do the ob; *ut since the scho&astic

ethod9 with its sic et non9 dia&ectic and disputation9 had been

adopted by the edieva& university in the West9 $hristianity9 it

cae

edieva&

ent

fora&&y

counci&s9 both the scho&astic ethod and the consensus of doctors

enoyed but a brief inter&ude in the historv of Western institutions;

Z3



G

$ON$L%SION

Qus&i institutiona&i:ed education was re&igious9 private&y organi:ed9

and open to a&& Qus&is who sought it; It was based on the wa6f9 or

charitab&e trust; It was in essence private&y supported; A private

individua&9 the founder9 instituted as wa6f his own private&y owned

property for a pub&ic purpose9 that of educating a segent of Qus&i

society9 which he chose9 in one or ore of the re&igious sciences and

their anci&&aries; "e created his foundation by an act of his own free

wi&&9 without interference fro any authority or power; 1ven when

the founder was ca&iph or su&tan9 or other high&y4p&aced functionary9

he created his institution in his capacity as a private individua&;

1ducation was directed toward re&igious ends, the sa&vation and

eterna& happiness of en and the g&ory of )od; It was directed

towards the estab&ishent of )od+s governent on earth; The society

at which it aied was one with )od as its &eaderZ the cu&ture it aied

at deve&oping was one inspired by the sacred scriptures;

In the pursuit of truth and its disseination it insisted on itihad9

encouraging the individua& eort of the urisconsu&t9 carried to the

&iits of his capacity in the study of sacred scriptures and resu&ting in a

&ega& opinion for which he was rewarded in the "ereafter9 right or



wrong; Orthodoxy in Is&a9 resu&ting fro the consensus of the doctors

of the &aw9 was secured on the basis of freedo of expression and free4

do of discussion;

The state9 that is9 the governing power had no contro& over the

curricu&u9 or the ethods of instruction9 any ore than it did over

the foundation of the institution; As regards the &atter point9 even

when the founder was a &ayan9 not hise&f a professor9 his choice of

an institution and its organi:ation was usua&&y guided by the wishes

of the professor for who he instituted his foundation; Thus the con4

tent of education and its ethods were &eft to the teaching profession

itse&f;

fa

*ut Qus&i education was not a&& there was to education in Is&a;

Institutiona&i:ed &earning was not a&& the &earning avai&ab&e; 'hi&o4

sophy9 phi&osophica& or rationa&ist 8a&a4theo&ogy9 atheatics9

edicine9 and the natura& sciences9 that is those sciences referred to as

the ancient9 or foreign sciences9 as we&& as a&& Re&ds not fa&&ing under

the category of the Is&aic sciences and their anci&&aries9 were sought

$onc&usion



hoes

in the regu&ar institutions9 under the cover of other Re&ds such as

hadith or edicine;

A &ay noocratic theocracy9 Is&a is a re&igion based on a syste of

&aw whose &egis&ator is )od a&one; It has no ecc&esiastica& hierarchy;

The doctors of the &aw are its so&e interpreters; The u&tiate obect of

Is&aic education is to educate in )od+s &aw9 encopassing a&& facets

of &ife9 civi& as we&& as re&igious; It was supported by founders as a

eritorious act of charity bringing the founder c&oser to )od; It ain4

tained its private Rnancia& base throughout the Qidd&e Ages;

The +persona& J schoo&s of &aw9 the adhabs9 and the adrasas

which served the as recruiting centres were9 in great easure9 the

resu&t of antagonis between two ip&acab&e forces9 the basic

traditiona&is of Is&a and the nascent rationa&is that deve&oped

fo&&owing the inact of )ree8 wor8s of Khi&osophy and science ade

&



century of Is&a

Qa+un9 cu&inat

adhabs fro

draatic

nubers after their phenoena&

to y ind9 the

of rationa&is; Traditiona&is used &aw9 a&ways basica&&y a con4

servative force9 as a shie&d against rationa&ist specu&ation; The change

sybo&i:ed



Is&a9 the aster

$opanions; The subse6uent pro&iferation of the schoo&s9 in eu&a

is

y

disappearance of count&ess adhabs in favour of the four that

survived; In any case9 the adhabs as such did not p&ay a uridica&

ro&e in the constitution of that consensus which &ed to deterining

orthodoxy for the Qus&i counity; The process was fundaenta&&y

individua&istic, consensus was based on the opinions of the uris4

consu&ts9 acting individua&&y9 not as schoo&s of &aw;

The structure of the co&&egiate syste rested on a &ega& basis deRn

interpreted and aintained by the &awyers; $o&&egiate &earning 3

so organi:ed as to give priacy over a&& other Re&ds to &ega& stud

which served it as its handaids9 whi&e a&& rationa&istic studies w

exc&uded fro the regu&ar curricu&u;



The outcoe of the &ong and b&oody )reat In6uisition was

decisive triuph of the traditiona&ists over the rationa&ist forces; r

triuph anifested itse&f repeated&y through the centuries , ( i ! in

foration of the persona& schoo&s of &aw as of the second ha&f of

second century (a;d; eighth!Z (! in the pro&iferation of as

$onc&usion

@

for the study of &aw in the third and fourth centuries (a;d; ninth

exep&iRed in *uwaihid ties



pernor *adr b; "asanawaihZ (@! in the subse6uent deve&opent

and pro&iferation of the adrasa cobining the functions of the

asid and its nearby inn9 in the fourth and Rfth centuries (a;d; tenth

and e&eventh!9 exep&iRed in Sa&u6 ties by Ni:a a&4Qu&8+s

foundation of a great networ8 of adrasasZ and (M! in the signiRcant

deve&opent of other conservative institutions9 such as the dar a&4

hadith9 in the sixth century (a;d; twe&fth!9 further ra&&ying the forces

traditiona&is; *v tr aditionah :in; the ter

traditiona&is

Z9 sybo&i:e5

hi8a and dar a&4+i&

dar a&46ur+an;



uhaddith and u6ri

&eve& of titu&ar professor; *ut neither these institutions nor their pro4

adrasa

and their nubers reained sa&& (cf; Appendix b!; They often

added the study of &aw to their curricu&u9 as did the ribat9 or

onastery9 the &atter in order to counteract &ega& opinions dec&aring

as i&&ega& wa6fs instituted for SuRs as such;

This traditiona&ist victory was ade peranent by the &aw of wa6f

through its one &iitation on the founder+s freedo of choice Z nae&y9

that there be nothing in the foundation that cou&d be construed as

iniica& to the tenets of Is&a; Not on&y were phi&osophica& doctrines

b&atant&y iniica& to Is&a banished fro its co&&eges9 but a&so any4

thing tainted with phi&osophyZ and the so&e udges of what was

iniica& were those who issued &ega& opinions9 the urisconsu&ts the4

se&ves;

divisions of 8now&edge9 the +ancient



aor

G fro

-ro

on9 these sciences &ived a si&ent9 discrete &ife; The wor8s in these Re&ds

coe

pursuit by Qus&i scho&ars within the Qus&i counity; And

though they were pub&ic&y repudiated and cast aside beyond the pa&e

of orthodoxy9 they did not fai& to aect the course of studies in the

traditiona& institutions of &earning;

The scho&astic ethod was the product of a idd&e road between

extreist9 antagonistic forces of traditiona&is



is

It was a product of &ega& studies; The doctors of the &aw were brought

to it by the exigencies of orthodoxy through consensus; In the

institutions of &earning it was a ethod used to produce the doctor of

M

$onc&usion

the &aw9 the urisconsu&t9 the professor of &aw9 that is9 the fa6ih4

udarris , without it there cou&d be no &icence to teach &aw9 or to issue

&ega& opinions; The candidate for the &icence to teach and issue fatwas

had to defend successfu&&y his theses in ora& disputation; "is education

prepared hi to becoe a urisconsu&t and oin in the process of

deterining orthodoxy; This process copensated for the counci&s or

synods which were &ac8ing in a re&igious syste that had no ecc&esi4

astica& hierarchy;

*ecause of the nature of this process of deterining orthodoxy9



derived fro a consensus based on the interp&ay of the &ega& opinions

of urisconsu&ts9 Qus&i educationa& ethods shifted ear&y in the

history of Qus&i education fro a cuu&ative phase to one of

critica& understanding and creative in6uiry; It was forced to abandon

the +hadith+ phase of its education9 a syste based on the un6uestion4

ing reception of hadiths9 and their transission9 +riwaya J 9 and

through understanding9 +diraya J 9 pass on to the +R6h J phase9 a syste

based on the confrontation of &ega& opinions in disputation;

This &ega& ethodo&ogy becae pervasive9 and deve&oped into an

a&ost obsessive concentration on the ac6uisition of dia&ectica& s8i&&s9

pushing the &iterary arts into the bac8ground9 and re&ating the to the

ro&e of anci&&aries; The e&o6uence gained fro the &iterary arts was

subordinated to the feverish pursuit of the abi&ity to ana&yse and

synthesi:e9 to arrive at the best possib&e &ega& opinion and the best

possib&e defence of that opinion and its eventua& consecration by the

consensus of the doctors;

Lega& science was p&aced above and beyond the &iterary arts9 and

indeed a&& other Re&ds of 8now&edge; The u&tiate goa& of institution4

a&i:ed &earning was the urisconsu&tZ the u&tiate good9 the uris4

consu&t+s &ega& opinion; The professor of &aw was set apart fro a&&

other ebers of the teaching sta; "is designation as udarris was

pecu&iar to hi a&one; "e was often the trustee4adinistrator of the

adrasa; "e a&one gave an inaugura& &ecture as he assued the chair

of &aw in the adrasa9 after which a robe of honour was bestowed upon

hi and often a ban6uet given in his honour; A&& other posts in the

co&&ege were subordinate to his; -or he a&one was the interpreter of

Is&a+s positive &aw whose so&e &egis&ator was )od "ise&f;



Orthodoxy was deRned in &ega& ters; A Qus&i was recogni:ed as

orthodox by his adherence to one of the schoo&s of &aw; *eyond this9

8a&a4theo&ogy cou&d be considered as +orthodox J on&y in the

apo&ogetic sense of defending the faith against other faiths or be&iefs9

not within the Qus&i counity; This a&so app&ied to phi&osophy;

*ut both phi&osophy and 8a&a4theo&ogy reained outside the ain4

strea of institutiona&i:ed education; Traditiona&is tacit&y ac8now4

&edged their services as defenders of the faith, Rrst the theo&ogians9

(the Ash c aris9 fo&&owed by the Qu0ta:i&is!9 then the phi&osophers;

$onc&usion

J

r 0 ;

The phi&osopher9 the 8a&a4theo&ogian9 the scientist9 who were not

part of institutiona&i:ed &earning9 received their foration through

suhba9 the aster4discip&e re&ationship9 which copensated for the

&ac8 of institutiona&is; They were products of a para&&e& under4

ground oveent9 so to spea8; There were no posts for the as such;

Those desiring posts in the institutions of &earning had to specia&i:e



in an acceptab&e Re&d, such as &aw9 graar9 edicine9 etc;9 as for

exap&e in the case of EAbd a&4Latif a&4*aghdadi; Therefore9 to study

the history of phi&osophy9 8a&a4theo&ogy9 and the other sciences of

the para&&e& underground oveent9 the historian ust turn not on&y

to the en of edica& science9 a great nuber of who were phi&o4

sophers and natura& scientists9 but a&so to scho&ars usua&&y &ess sus4

pected of expertise in the ancient sciences , urisconsu&ts9 graarians9

poets;9 and others;

Though wa6f was static in nature9 the practice of disputation and

constant in6uiry 8ept education dynaic9 unti& such tie as the

governing power found a way of successfu&&y interfering with the free

_ow of in6uiry by creating the post of the paid ufti; The doctors of

the &aw asserted their right to acadeic freedo9 as ebodied in the

practice of itihad9 by refusing to assue the post9 as they had fro

ear&y Is&aic ties refused the post of 6adi9 accepting it often on the

condition of reaining free to adudicate free&y according to their own

&ights9 without governent pressure to bring about a pre4deterined

&ega& decision; *ut such doctors of the &aw who resisted were Rghting

a &osing batt&e; The ordinary &ayan sought the governent4paid

ufti to avoid paying the fee of the private ufti; This practice

eventua&&y put an end to the free _ow of &ega& opinions and to active

disputation9 &eading to the degeneration of the scho&astic ethod9 a+

ere schoo& exercise shorn of its erstwhi&e dynaic function;

/eaders fai&iar with the inte&&ectua& history of the $hristian West

can hard&y fai& to see its deve&opent as fo&&owing that of Is&a on



para&&e& &ines with a tie &ag of a century or so; *ut western scho&arship

has been divided on the 6uestion whether Is&aic civi&i:ation has

in_uenced the fundaenta& structure of the civi&i:ation of the

$hristian West; The negative opinion is expressed in its ost forcefu&

for in the wor8 entit&ed Qedieva& Is&a by the &ate ); 1; von )rune4

bau,

When Western civi&i:ation as it crysta&&i:ed through the Qidd&e

Ages and /enaissance is ana&y:ed for its ain coponents9 the

&iited eect of its pro&onged but soewhat superRcia& contacts

with the Qus&i Wor&d is c&ear&y fe&t; Is&aic civi&i:ation9 one

ight say9 contributed a good dea& of detai& and acted as a

cata&i:er9 but it did not in_uence the fundaenta& structure of

the West; It av be debatab&e to what extent odern occidenta&

civi&i:ation can be exp&ained as the continuation of c&assica&



Y

$onc&usion

civi&i:ation 4 but it wou&d be preposterous so uch as to as8 whethe

any of its essentia&s are of Qus&i inspiration ; ; ; 1xcept fc

Averrois9 it wou&d see that never did origina& Qus&i though

in_uence Western thought so as to reain a &ive force over

tie co

ab&e to its further growth; G

r

t

Is&a



id4cer

eagre

West; Notab&e aong these studies are those of Noran Kanie& whose

particu&ar contribution has shed considerab&e &ight on the attitude of

the $hristian West toward Is&a9 pointing out aong other things

that it borrowed fro Is&a without a&ways ac8now&edging its debt;

And W; Qontgoery Watt9 in his recent boo8 entit&ed The In_uence

of Is&a on Qedieva& 1urope9 conc&uded with the fo&&owing stateent,

When one 8eeps ho&d of a&& the facets of the edieva& confronta4

tion of $hristianity and Is&a9 it is c&ear that the in_uence of

Is&a on Western $hristendo is greater than is usua&&y rea&i:ed;

Not on&y did Is&a share with Western 1urope any ateria&

products and techno&ogica& discoveries Z not on&y did it stiu&ate

1urope inte&&ectua&&y in the Re&ds of science and phi&osophyZ but

it provo8ed 1urope into foring a new iage of itse&f; *ecause

1urope was reacting against Is&a9 it be&itt&ed the in_uence of the

Saracens and exaggerated its dependence on its )ree8 and

/oan heritage; So today9 an iportant tas8 for our Western

ove



e

and Is&aic wor&d; @

&e Rrst stateent cited above is so forcefu& in its negation that one

issing the signiRcant a\ration it contains; When negating an

ence on the West that was +cop&ete&y integrated and indis4

ab&e to its further growth09 the stateent a8es an exception in

of Averrois; To this signiRcant exception any others ay

(

i

now be added;

It is inconceivab&e that two cu&tures cou&d deve&op side by side for

&itera&&y centuries without being aware of deve&opents on either

side; That Is&a cared &itt&e for what was going on in the West is proof

of its indierence to a &esser deve&oped cu&ture; On the other hand9 it

is coon 8now&edge that the West was not ob&ivious of the higher



civi&i:ation of Is&a, it &earned its &anguage and trans&ated its wor8s

in order to bring itse&f up to the &eve& of the higher cu&ture9 the better

to defend itse&f against it;

It undu&y taxes the iagination to conceive para&&e& deve&opents

devoid of in_uence ( i ! when the nuber of para&&e&s is so high9 (!

when their points of correspondence are so identica&9 and (@! when

t

G

I7

G

$onc&usion



deve&opent invo&ves a tie

The para&&e&s need not a&& be the resu&t of direct in_uence; Once the

ove

ent in the sae

tie

stiu&us

fro

ay we&& spring forward and9 in tie



ust avoid fa&&ine victi

ere tern

cause and eect re&ationship, post hoc9 ergo propter hoc; On the

other hand9 when severa& sets of para&&e&s are ar8ed by &i8eness and

correspondence in their course and direction9 they cannot reasonab&y

a&& be ere&v para&&e&; When the technica& ters used in the two

eanings

for9 so that a ter ay

ter

disissed



re&ated by causation; This wou&d be acceptab&e on&y when the corres4

eangs

ere

u&tip&ied9 their nuber

ere

wou&d be sheer obstinacy9 worthy on&y of the obscurantist; In such a

case9 to resist aditting in_uence wou&d be to continue the edieva&



Is&a

e&eents

are any, (G! the wa6f and the charitab&e trust with their any

corresponding fundaenta& e&eents9 especia&&y the founder estab&ish4

ing his charitab&e institution by an act of his own wi&& without the

ediation of either the centra& governent or the churchZ (! the

adrasa and the co&&ege based on the &aw of wa6f or charitab&e trust9

with their foundationers of graduates and undergraduates9 the fa6ih4

sahib and utafa66ih on the one hand9 and the fe&&ow and scho&ar on

the other9 and other corresponding e&eents of those institutions,

inter a&ia9 the founder+s wishes9 his freedo of choice and its &iitation9

the charitab&e obect and the undec&ared otives9 the overseeing

visitors and the beneRciaries J(@! the wi&& of the sovereign in creating

universities in Western Is&a9 $hristian Spain and southern Ita&yZ

( M ! the deve&opent of two dia&ectics9 one &ega&9 the other specu&ative Z

(J! disputation at the core of &ega& and theo&ogica& studiesZ (Y! the

uni6ue status of the udarris4professor of &aw in the adrasa and the

professor of &aw in the universities of southern 1urope9 beginning with

/n&oo4na (G E Ehe; dars iftitahi and the incentio , ( ! the u0id and the



$onc&usion

s of c i& as

and the ars dictainisZ (GH! the 8hadi and the student4servitorZ

( G G ! the &ectio and the two sets of the three identica& eanings of

6ara+a and &egereZ (G! the ta0&i6a and the reportatioZ (G@! the

suae9 such as those of Ibn +A6i& and St Thoas A6uinasZ (GM! the

cra:e of versiRcation9 as in the graars in verse by a&4"ariri and

'eter of "e&ias Z ( G J ! governent in graar9 with the Arabic +ai&

and the edieva& Latin regensZ (GY! the ia:a &i J t4tadris and the

&icentia docendiZ (G! the subordination of the &iterary arts to the

edicine

inded



E &ong &ist of Latin technica& ters pecu&iar to the scho&asticis

Qidd&e Ages with their antecedent corresponding, Arabic ters;

ono

Is&aic

they are by the &ac8 of sources in print and within easy reach of

scho&ars;

Of the three coponents of the scho&astic ethod the e&eent that

set this ethod in otion was the 8hi&af of Is&aic &aw9 the sic et non

of the $hristian West; The scho&astic ethod it brought into existence

reained for &ong obscure as to its origin; )rabann traced the sic et

non bac8 to a period around G GHH9 with *erno&d of $onstance as its

Rrst 8nown representative in the WestZ and he cited 'hotius9 *y:an4

tine abassador to the ca&ipha& court in *aghdad9 as the Rrst to use

the sic et non in the 1ast; No connection had been ade between it

and the uch ear&ier Is&aic 8hi⁡ 7antorowic:9 in dea&ing with the

origins of &ega& scho&astics9 wrote of a issing &in8; And9 ore recent&y9

1hren:weig9 stating that the historica& process of the systei:ation of

&ega& doctrine reains obscure as to its origins9 adds the fo&&owing



words ,

y

ent

aic

*ac8 at the beginning of this century9 Louis 'aetow9 of the %niver4

sity of I&&inois9 was pu::&ed over the cra:e of versiRcation9;4elpecia&&y in

graarZ he found it as incoprehensib&e as the cra:e in dia&ectic;

Soe six decades before hi9 at the Sorbonne in 'aris9 $har&es

Thurot a&so pu::&ed over the scho&astic ethod in edieva& Latin

graar9 uncertain as to where to put the b&ae for it,

If the scho&astics have understood Aristot&e dierent&y9 it is

because they brought to his study other concerns; Indeed9 in that

8ind of inte&&ectua& renaissance that ar8s the end of the e&eventh

century and the beginning of the twe&fth9 the scho&astic ethod



appears a&ready with a&& its essentia& characteristicsZ and yet of

Aristot&e on&y the $ategories and the Ke Inter pretaiione were 8nown

$onc&usion

C

tie; Nor can one a8e

the twe&fth century9 she a&ways proved opposed to the use of

dia&ectic in theo&ogyZ at the beginning of the thirteenth9 she was

sti&& condening the wor8s of Aristot&e on etaphysics and

physics; This exc&usive predi&ection for dia&ectic and disputation9

Qidd&e

ip&



un8nown as are a&ost a&ways those which soeties9 &or cen4

turies9 deterine the direction ta8en by the inds of en; J

7hi&af is a speciRca&&y Is&aic institution9 a core coponent of the

tio&astic ethod9 in_uencing the fundaenta& structure of the West9

iristopher Kawson points out that this ethod gave the West

that conRdence in the power of reason and that faith in the

rationa&ity of the universe without which science wou&d be

ipossib&e; It destroyed the o&d agic view of nature which our

ancestors shared with every other priitive peop&e and which

reote

od

Wh

that



scho&asticis GZ

its of the ode

In higher education9 the doctora& degree is sti&& obtained in a&&

departents of a university by the writing of a thesis; And in a&ost a&&

departents (except9 notab&y history9 in soe %;S; universities! the

thesis is defended ora&&y before the departenta& facu&ty or its

appointed ad hoc doctora& coittee;

Law sees to be the area in which the in_uence has been ore

ethod is verv uch

ore

for9 in what is referred to as the +oot

6uireent



fundaenta&

very experience that is app&ied in the tria& courts where the essentia&

stages of a cop&ete disputation have survived9 inc&uding the

deterination

w g the two civi&i:ations9 Is&a and the $hristian West

beyond their periods of pivota& iportance in the Qidd&e Ages9 the

6uestion ay be raised as to why the $hristian West was ab&e to spring

forward9 whi&e Is&a &ingered and fe&& behind B The factors invo&ved

are no doubt any and cop&exZ but a ost iportant factor9 to y

ind9 was the provision ade for perpetuity in the &ega& systes of the

two civi&i:ations concerned; Is&a had on&v one for of perpetuity9

West cae



fors

C^

$onc&usion

we&& as the charitab&e trustZ and even its charitab&e trust was9 in that

century9 capped with the corporation9 as a&ready seen in the ode&

case of Qerton $o&&ege; Is&a+s for of perpetuity was staticZ that

of the $hristian West9 dynaic; Is&a &aboured under the heavy

+dead hand J ( +ain orte+ ! of ortainZ whereas the West was ab&e

to a8e use of a&& the beneRts of the wa6f9 and a8e even this for of

perpetuity dynaic through incorporation;

The divergence in the para&&e& courses of both civi&i:ations began to

ta8e p&ace in the thirteenth century9 a great century of corporations

West



West

sae century was instruenta& in causing Is&a

Is&a+s freedo

e freedo

Quch haZ

docuented; I have not coe

stateent to this eect in any docuent of the Qidd&e

M

such +c&osing+ was supposed to have ta8en eect; C To y ind9 this

phrase wou&d a8e sense in two ways , Rrst9 as putting an end to the



foration of additiona& adhabs9 the +persona& J schoo&s of &aw dis4

cussed above in chapter one Z and second9 as putting an end to the free

p&ay of itihad in the regu&ar disputations where the various &ega&

opinions of urisconsu&ts went through a process which &ed eventua&&y

a 9 consensus;

foration of new adhabs cou&d on&y

irisconsu&ts these&ves to for the;

Is&a that cou&d brine a new adhab

into existenceZ and adhabs

gradua&&y decreased in nuber to the point of extinction; This

+c&osing J ay be said>to have occurred in the fourth =tenth century

with the foration of the &ast of the four adhabs; *ut the individua&

urisconsu&ts went on practising their itihad9 being individua&&y

charged by Is&aic &aw to a8e use of it in order to arrive at a &ega&

opinion when so&icited for it; The fourth =tenth century put an end to

new adhabs9 but not to iitihad9 since the ethod of disoutation; the



ethod

rnent

The +c&osing of the gate J to the itihad of the urisconsu&ts began to

ta8e p&ace &ater in the seventh = thirteenth century; In contrast to the

+c&osing of the gate J on the foration of adhabs9 the +c&osing J which

put an end to the itihad of individua& urisconsu&ts was9 need&ess to

say9 not the doing of the urisconsu&ts; Is&aic &aw iposed the

ob&igation of itihad on each urisconsu&t individua&&y9 proising hi

a reward in the "ereafter9 whether he proved to be right or wrong; It

was the urisconsu&t+s chief function9 his very raison d+etre; +$&osing

$onc&usion

CG

the gate+ on it was rather the doing of the governing power9 the tension



who and the u&aa

tie

ties

bring the u&aa within its orbit9 the better to contro& and a8e use of

their in_uence with the counity of be&ievers;

The thirteenth century was fatefu& for both civi&i:ations 1ast and

West; *ut whereas for the West it was the century of corporations9 for

Is&a9 it was the century which brought into existence the Rrst

governenta& post of ufti; The freedo inherent in the function of

the ufti gradua&&y wea8ened and an end was eventua&&y brought to

the free p&ay of opinions9 arrived at free&y and free&y debated to the

point of consensus; The &ayan cou&d now get his fatwa gratis fro

the sa&aried ufti9 rather than have to pay a ufti whose fees were his

&ive&ihoodvThe scho&astic ethod becae an eascu&ated9 pro4fora

exercise9 and eventua&&v disanneared fro the scene as a dynaic



deterining

ethod

West &oner after it had disappeared fro

The /enaissance of the Rfteenth century did not put an end to the

Western

This

practice was continued in the co&&ege4universities of $o&onia&

Aerica9 &ong after the Aerican /evo&ution; -ro +borrower+ in the

Qidd&e Ages9 the West becae +&ender J in odern ties9 &ending to

Is&a what the &atter had &ong forgotten as its own hoe4grown

product when it borrowed the university syste rep&ete with Is&aic

e&eents; Thus not on&y have 1ast and West +et J Z they have acted9



reacted and interacted9 in the past9 as in the present9 and9 with utua&

understanding and goodwi&&9 ay we&& continue to do so far into the

future with beneRt to both sides;

C

?+i

Appendix A

/1VI1W O- '/1VIO%S S$"OLA/S"I'

i; 're&iinary /ear8s

Qany wor8s have been written on Qus&i education; Their nuber

however9 has not been coensurate with the aount of &i>ht theE

rnent of Qus&i



\cu&ty

any sources reain

anus

ters

history of the adrasa thus began with a nuber of drawbac8s; And

since the deve&opent of the adrasa was &in8ed to causes of a re&igio4

po&itica& nature9 and these were these&ves seen through biased

sources9 isconceptions deve&oped9 and becae9 in subse6uent

soe previous studies in an attept to &ay to rest soe



theories &ac8ing a basis in fact;

One isconception9 entioned

e&y

disissed; "istorians of

education is synonyous with +university J ; In Is&a9 the adrasa9

representing the institution of higher &earning9 has been considered a

university and referred to as such in wor8s of serious scho&arship;

-ortunate&y9 this di\cu&ty can be easi&y

edieva& education have right&y pointed out that the university is a

for of socia& organi:ation that deve&oped in the $hristian West in the

Qidd&e Ages; It was here that the university _ourished9 eerging as a

corporation in the thirteenth century9 the century in which occurred

the _ourishing of corporations of a&& 8inds;

Z3<



In other societies9 higher &earning too8 other fors of organi:ation;

In Is&a9 that for was the charitab&e trust; Is&a never deve&oped

the universityZ it sip&y borrowed it fro 1urope in the nineteenth

century a&ong with any other borrowings9 at a tie when Western

cu&ture was far superior to that of the 1ast; On the other hand9 the

$hristian West did not at Rrst have the charitab&e trustZ it appears

sip&y to have borrowed it fro Is&a towards the end of the e&eventh

century9 a&ong with any other borrowings9 at a tie when Is&aic

cu&ture was far superior to that of the $hristian West;

In wor8s on Qus&i education bv odern Qus&i scho&ars9 one

Appendix A

C@

cannot he&p but fee& the natura& concern of the author to show that

Qus&i education in the Qidd&e Ages inc&uded higher education; Of

this there can be no doubt; *ut since these authors e6uate higher

&earning with the university9 they are anxious to show that the

adrasa and os6ues were universities; Three authors writing in

Arabic9 1ng&ish and -rench G are at pains to prove this unprovab&e



point; Such attepts unwitting&y do a disservice to the history of

Qus&i education; The organi:ation of the adrasa did not9 by any

stretch of the iagination9 copare with that of the university; It was

an entire&y dierent type of organi:ation; -or instance9 )hunaia9

whose wor8 is va&uab&e and deRnite&y a great iproveent over any

of its successors as we&& as its predecessors9 cites the fo&&owing institu4

tions as the ear&iest +universities J of Is&a, the 'rophet+s Qos6ue in

Qedina (p;@@!Z the Qos6ue in Qecca9 where ShaR c i issued &ega&

opinions at the age of twenty ( pp; @M4J ! Z the Qos6ue in *asra9 where

the Qu c ta:i&i oveent was founded (p;@J! Z the Qos6ue in 7ufa9

copared bv Ahad

os6ues

$abridge (pp;@J4Y!Z the Qos6

?ai+ c ArZ the A6sa Qos6ue and Koe of the /oc8 in ?erusa&eZ

the %aiyad Qos6ue of Kaascus 4 a&& dating fro the Rrst century

of Is&a (seventh of our era!; Ahad Sha&abi (on p; G G! says of the

A:har Qos6ue in $airo9 that after it was +estab&ished as a os6ue in



@JC A 4 K 4 C^L t it, was in @l a;d; C dec&ared a university

(aB a!+ ephasis added; Another author ca&&s the e&eventh4

century Qadrasa Ni:aiya of *aghdad a +university J ; And another @

a8es the adrasa9 +deve&oped in the e&eventh9 century09 the e6uiva4

&ent of +the 1uropean university J ;

A c&ear distinction ust be ade between the various fors of the

organi:ation of &earning9 on the one hand9 and the &eve& of scho&arship

and scho&ar&y production9 on the other; Qus&i education was sip&y

not organi:ed into a university syste9 but rather into a co&&ege

syste; The great contribution of Is&a is to be found in the co&&ege

syste it originated9 in the &eve& of higher &earning it deve&oped and

transitted to the West9 in the fact that the West borrowed fro Is&a

basic e&eents that went into its own syste of education9 e&eents

ethod

G

West coes fro



deve&opent

Is&aic

coponent

as we&& as the further

ent of the co&&ege syste itse&f into a coruorate svste

Is&a and Is&aic

tne fo&&owing pages are those ot soe &ead4

doped origina& theories9 or odiRed these

ay sti&& be found e&aborated in anua&s



CM

Appendix A

?

Is&aic

M

'owic8e9 in the introduction to the second edition of /ashda&'s

fundaenta& wor8 on edieva& universities9 refers as fo&&ows to ?u&ian

/ibera+s theory of Is&aic in_uence on these universities ,

The Spanish scho&ar who has argued that the 1uropean univer4

sities were the outcoe of Is&aic in_uence sees to us to be in



arguent ay at &east reind us that o

in the edieva& university9 Qohaed

g

West

?ewish

soe

roya& court of Sici&y; M

Of the two editors of /ashda&'s wor89 'owic8e was responsib&e for

&ater in a footnote; Y



irst two vo&ues9 1den for th

?u&ian /ibera y Tarrago9 who

ay see9 'owic8e+s stateent

iportant step beyond that ade in

/ashda&&; The tenor of the stateent

of Western

Qontpe&&

/ashda&& a8es this adission

scho&ar&y standing of its source,

Those who are fond of seeing +Saracenic+ in_uence at wor8 in a&&

the inte&&ectua& oveents of the Qidd&e Ages ay here indu&ge

their penchant with soe p&ausibi&ity; The origin of the town is



traditiona&&y connected with the destruction of the o&der city of

Qague&one9 and of the Saracenic power on the shores of the

Qediterranean9 by $har&es Qarte& in @9 when the fugitives

are said to have ta8en refuge at Qontpe&&ierZ and there was a

?ewish

any

b; /ibera+s $ontribution

aong the Qoors

+v34

When /ibera suggested that the Is&aic experience ay have been at

the basis of the rise of universities in the West9 the arguent adduced

in support of his opinion was disissed as not convincing; /ibera had



e&aborated his arguent in a &engthy footnote9 in exp&anation of a

stateent ade in the text; 'owic8e suari:ed /ibera+s arguent

in a footnote9 and referred the reader to the pages in /ibera+s wor8

where the author devotes a who&e section to the ia:aZ C then 'owic8e

disissed the arguent; GH /ashda&& hise&f does not ta8e notice of

/ibera+s study pub&ished two years before his own wor89 perhaps

unaware of its existence;

Appendix A

CJ

/ibera appears to have been the Rrst to treat the 6uestion of the

ia:a at &ength9 though not the Rrst to see a possib&e connection between

it and the university &icence to teach; Kanie& "aneberg had a&ready

suspected a connection between the two about a ha&f4century ear&ier; GG

To avoid eventua& criticis as gui&ty of the fa&&acy of post hoc9 propter

hoc9 /ibera began his note G by stating that his idea of the rise of

&



that +Orienta& universities J and the channe&s of counication

opened by the $rusades had preceded in tie the 1uropean univer4

fa

sides9 but a&so on the exaination of certain phenoena which9 if not

accepted9 wou&d constitute an eniga; "e then cites the fo&&owing

three phenoena , ( G ! the swiftness with which the universities

appear and propagate these&ves without the s&ow and gradua&

transforation of the organi:ation of studiesZ (! the contrast noted

at Rrst4sight between the exeptions and privi&eges9 on the one hand9

itanis

custos

ost

opposing tendencies ot two distinct civi&i:ationsZ and (@! the custo

of granting certiRcates or degrees without precedent in the $hristian

Qidd&e Ages9 or in /oe9 or in )reece9 whereas Qus&i asters were



a&ready doing so for three or four centuries in that for used in the

beginning by university professors9 to be converted &ater in 1urope

into onopo&istic patents and surviving down to the present day;

Qoreover9 continues /ibera9 in )reece9 /oe and aong the

Arabs9 the on&y peop&es of anti6uity where one can appreciate the

evo&utionary cyc&e of studies9 one sees that co&&eges regu&ated by the

state coe into being in periods of great decadence9 not being a

product of iitation9 or in connection with careers of direct service to

the state9 such as the i&itary;

/ibera conc&udes9 +in any case9 even if these considerations carried

no weight9 I wou&d resist resorting to the saving9 but cop&ete&y dis4

credited9 theory of spontaneous generation which appears to be in

vogue; See9 for instance9 )abrie& $opayre9 Abe&ard and the Origin and

1ar&y "istory of %niversities9 London G C@9 page Y9 where he says , .The

universities sprang fro a spontaneous oveent of the huan

ind;. A very pretty phrase for those who can Rnd any sense in it;+

When /ibera referred to +Orienta& universities J 9 he had in ind the

adrasas founded by Ni:a a&4Qu&8 in the eastern ca&iphate;

Qadrasas9 strict&y spea8ing9 were co&&eges; A&so9 when he spea8s of

governent invo&veent regarding these institutions9 he a8es the

ista8e sti&& current in our anua&s Z nae&y9 that these adrasas were

state institutions; "is successors9 treated in the next section9 were of

the sae opinion in this regard; That the universities these&ves

deve&oped rapid&y as fors of socia& organi:ation was not due; to



CY

Appendix A

Is&aic institutions9 but rather to the West itse&f9 in a century that

was producing gui&ds or corporations of a&& 8inds based on a concept

of /oan &aw inconceivab&e to Is&a as a re&igion and foreign to its

socia& organi:ations; "owever9 the university of asters cou&d not

have deve&oped without the swe&&ing nubers of professors9 a pheno4

enon brought on in turn by an in_ux of Arabic boo8s producing new

studies and new ethods9 both of which were foreign to the Western

scene9 and nowhere in evidence outside the Is&aic syste of

r

education;

'owic8e+s disissa& of the ia:a as the forerunner of the &icentia

docendi ay we&& have been due to /ibera+s treatent of the ia:a as

an authori:ation to transit hadithZ but a &icence to transit has &itt&e

to do with a &icence to teach; Such was the ia:a &i +t4tadris9 the &icence

to teach &aw; The re6uireents for the ia:a to teach &awZ nae&y9 the

defence of the thesis and a&& the preceding parapherna&ia of graduate

wor8 4 a&& of this wou&d have been ore convincing;

@; The Qadrasa According to Qax van *erche



a; "is Sources

What we have in our anua&s on Qus&i educationa& institutions is

based9 for the ost part9 on the wor8 of this einent scho&ar; "is

theories have been used by certain authors whose einence guaran4

teed their subse6uent wider disseination9 a&though they ay not

a&ways have cited the origina& source; G@ Qax van *erche had9 at one

tie9 the intention of devoting a fu&&4&ength wor8 to the history of the

adrasa; "is intention was regretfu&&y not to be fu&R&&ed; "owever9

tie

hise&f to the tas8 ore

was neverthe&ess based on severa& years @ wor8 devoted to the subect,

+$eci n+est 6u+un aperlu provisoire; Travai&&ant p&usieurs annees9 a

eoire

etendu J ; GM



Writers depending on van *erche+s theories do not 6uote the

extensive&yZ soe do not cite hi at a&&; It wou&d therefore be we&& to

review the here9 giving the the extensive ana&ysis they sure&y

deserve; *esides the 6uestion of accessibi&ity9 three other reasons for

such an ana&ysis are suggested, ( G ! they are at the basis of a&& future

serious writing on the subect9 departures fro which being9 for the

ost part9 variations on the sae thees Z ( ! they ebrace not on&y

the adrasa as such9 but a&so re&igious and po&itica& factors that are

considered to have given rise to the birth of this institutionZ and (@!

the author+s insights are rear8ab&e and worthy of the highest adira4

tion9 in spite of the inade6uacy and bias of his sources; "e 8new what

ay

e

Qirchond; the Sivaset Naeh

Appendix A



C

attributed to Ni:a a&4Qu&8 (d;MJ!9 Ab)+G4-ida+9 a&4Qa6ri:I9

genera&&y a&& the historians of the Sa&u6s9 the Atabegs9 the Aiy$bids9

and the Qa&ii8sZ severa& geographersZ the biographica& dictionaries

(taba6at! of the theo&ogians9 urists and professorsZ the topographies

of *aghdad9 A&eppo9 Kaascus9 ?erusa&e9 $airo9 with the descrip4

tions of the adrasas; The specia& wor8s cited by Wiistenfe&d (Kie

Acadeien der Araber9 p;v! see to have disappearedZ I have not con4

su&ted the *er&in Qs; 'eterann9 no; MY+;

Van *erche cites the fo&&owing studies, +Wiistenfe&d9 Kie

Acadeien der Araber9 and Ker Ia e&4ShaR"Z )o&d:iher9 Quhaedan4

ische StudienZ "aneberg9 Schu&4 und Lehrwesen der QuhaedanerZ -e&&9

%rsprung und 1ntwic8&ung des hoheren %nterrichtswesens hex den Quhaed4

anernZ Ko:y9 "istoire de _s&aiseZ the wor8s of Scho&ders9 "aar4

briic8er 99(trans&; of Shahrastani!9 "outsa9 Spitta9 Qehren9

Schreiner9 etc; on the sect of Ash+ari+; GJ

The Arab and 'ersian historians cited by the author are a&& &ate

aong



Qoreover

ans

odern authors cited on Ash+aris are9 for the ost

oveent

on sources that were so biased;

-or detai&s on the bias of the sources and their in_uence on odern

scho&arship9 as we&& as for detai&s on the po&itica& scene and the re&igious

oveen

adrasa f

atters



A>

b; "is Theories

Van *erche distinguishes between two 8inds of adrasas, (G!

+private+Z and (! +po&itica&+; G At the beginning9 the ter +adrasa+

sip&y eans +a p&ace of study in genera&+; Litt&e by &itt&e the adrasa

ta8es on a c&earer for , it becoes an ediRce9 or a sip&e &oca&e con4

verted for the purpose of giving courses9 often bui&t by the professor

hise&f9 near a os6ue or near his hoe; G These are the origina&

adrasas; They are founded in Nishapur9 Qerv9 *u8hara9 Au&9 Tus9

Tabaran9 *aghdad and other cities in what are now the countries of

rn

adrasa ? sees to have been born in the idst of the Shi+ite popu&a4

tions> of 1astern 'ersia9 where9 since the second century (eighth cen4

hoe



B X X X

+these estab&ishents9 often odest9 are of a private char

the o\cia& courses are genera&&y he&d in the os6ue

adrasas are due to the professors these&ves9 and the

dispense in the is independent and persona&;+ H

*erche

G

f

C

Appendix A



Van *erche goes on to say that in the Rfth = e&eventh century9 the

adrasa forsoo8 this odest ro&e to becoe +a; state institution with

po&itica& tendencies9 founded and directed by the governent+9 this

evo&ution being tied to phenoena of a ore genera& character , the

decadence of the ca&iphate9 the orthodox reaction and the advent of

Qongo& (sic! dynasties; G

Van *erche sees the fourth = tenth century as exhibiting a doub&e

reaction on the part of the Sunni orthodoxy , + ( G ! against the Shi+ite

Qu+ta:i&is+; "e

G

the Ash+ari oveent as the Z

"e points out that Ash+aris

supen



practices of orthodox Is&a; "e sees Ash+aris as inspiring the

orthodox rites+9 as taught in the schoo&s of Abu "anifa9 ShaR+i and

Qa&i8; $onse6uent&y9 the Sa&u6 princes protect Ash+aris;

On the po&itica& scene the Sa&u6s becoe a&&ies of the wea8 ca&iph

against the *uwaihids9 the +A&ids9 the -atiids9 and then the

Assassins; They ceent their a&&iance with ebassies9 treaties and

reciproca& arriages; This bo&d po&icy needs re&igious and uridica&

sanction; This is when the fa6ihs9 that is the Sunni theo&ogica& urists9

notab&y the ShaR+is9 becoe the ost :ea&ous supporters of the new

sovereigns; -ro sip&e professors (udarris! they becoe in_u4

entia& dip&oats9 and their ora& power exerts itse&f upon the

sovereigns these&ves; They are consu&ted on a&& thingsZ not on&y on

prob&es of abstract &aw9 but a&so on the hottest issues of the day , on

the &egitiacy of the -atiid ca&iphate9 on the oath due to the

Abbasids; They are &istened toZ they are feared; They even dare to

hise&f9

o&d;

@



er

inisters

fessiona& and po&itica& power is the prestige attaching to a&& c&ergy9

asses; "ere van *erche

*rother -e&ix -aber who visited $airo in GM@9 and who spea8s of the

spiritua&9 uridica& and pedagogica& authority of the professor

( udarris ! ,

Sunt aute inter eos trip&ices sacerdotes; A&i6ui praesunt

gynasiis9 et &egunt in scho&is ura et &eges eoru9 et 6uia

doctores sunt9 ad regendu popu&u ordinantur9 et vocantur



G

udarris;

(Now aong these there are priests with a trip&e function; Soe

are at the head of schoo&s9 and teach &itera&&y , read in the c&ass4

roos

en

udarris

Appendix A

CC



These professors are venerated by the peop&e in &ife9 and canoni:ed

the

With

pub&ic opinion; In a society that has no abso&ute code9 their opinion is

&aw and this &aw extends to the throne itse&f; Than8s to the universa&

Sunnis

freedo

J



independence9 but very usefu& to the sovereigns;

t0 Z < %Ec Zi;otnr`; t?iat van ./errhp; sees the ad

doain in order to becoe

o\cia&

i:a a&4Qu&8

Qai

adrasa in Nishapur for the faous urist a&4?

fa o



"e

Qosu& and e&sewhere; "is exap&e was fo&&owed and the adrasa

thus spread throughout the Sa&u6 epire; Y

Van *erche sees the adrasa as both a os6ue and a schoo& of

theo&ogy Z a p&ace for worship and prayer9 and where the re&igious

sciences are taught according to the doctrines of Ash+ari; It is a&so a

schoo& of &aw9 and herein resides its true historica& signiRcance , it

disseinates the doctrines approved by church and state and serves

si

professors9 now pi&&ars of church and state;

Van *erche points out that adrasas were Rrst founded ost&y

for Shafts; That was9 he exp&ains9 because the Sunni reaction of the

Rfth = e&eventh century was ade especia&&y in the nae of ShaR+i9 and

tVn+c >A> 5P hpranse his rite was the ost widespread in the region in

"owever9 as no hosti&ity existed aong the io

"ed hv Abu "anifa; Qa&i8; ShaR+i and Ahad



"anba&9 adrasas

o\ces; Often adrasas

sae

adrasa; At other ties9 the sae

adrasa9 as in the case of the Qustansiny

Qadras



ain ideas s8etched for us by van *erche

adrasa; "is bri&&iant insights are a&& the ore rear8ab&e

ixture

ing to odern scho&arship+s next thesis on the adrasa9 it wou&d be

we&& to su up the essentia& e&eents in Qax van *erche+s thesis9

pub&ished in GCM9 and to conc&ude with a criti6ue;

The Rfth = e&eventh century is seen as the turning point in the history

of the adrasa; -ro the private9 independent and persona& institu4

@^^ Appendix A

tion that it was9 it now becoes pub&ic9 po&itica& and o\cia&; This

change coes about as a reaction against the ascendancy of Shi+is in

face of the wea8ness of the ca&iphate; The Sa&u6s coe in as a&&ies of

the Sunni ca&iphate against the Shi+ites; The wa:ir of the Sa&u6s9

Ni:a a&4Qu&89 creates the new adrasa9 pub&ic and o\cia&9 an

instruent of the po&itica& state; Against Shi+is in a&& its anifesta4



tions (*uwaihids9 t A&ids9 -atiids9 Assassins!9 the doctrine of Ash+ari

is prooted9 becoing the theo&ogy taught in the new institution; The

Sunni reaction being a doub&e one9 Ash+aris is used a&so against

Qu+ta:i&is; The adrasas9 at Rrst ShaR+i9 becoe a&so "anaR9

Qah8i and "anba&i9 there being no hosti&ity aong the; And since

Ash+aris is the doctrine taught in a&& adrasas9 it inspires a&& ad4

habs9 +rites+ or schoo&s of &aw9 the "anaR9 Qa&i8i and "anba&i9 as we&&

as the Shaft +i; The adrasa is both an institution of theo&ogy and an

:a a&4Qu&8

oat

ity, spiritua&9 uridica& and pedagogica&;

c; $riti6ue

The nature of the adrasa9 as a socia& institution9 can easi&y &ead to

isconceptions; As a wa6f9 or charitab&e trust9 it consists of private

property p&aced in trust for a pub&ic purpose; This



a

private and p

the adrasaZ nae&y9 its division into two sets of institutions9 one

private9 the other pub⁣ Whereas9 in rea&ity9 it reained essentia&&y

a private&y endowed institution destined for the pub&ic9 but according to

of the individua& ft

'

Once this distinction is grasped9 other di\cu&ties are easi&y so&ved;

No &onger is it necessary to exp&ain why a adrasa9 supposed&y a state

institution 4 which it never was 4 cou&d represent on&y one syste of

&aw9 of the four surviving systes of Sunni Is&a; The reason is

sip&e, the founder wished to &iit his institution to that particu&ar

syste and no other; The &aw of wa6f gave hi that privi&ege; The



adrasa reained an institution of +private9 independent and

persona&+ origin9 destined for a &iited pub&ic purpose9 &iited by its

founder acting as a private Qus&i; The function of the adrasa

reained the sae as that of its predecessor9 the asid9 devoted to

Q

ission

ission of the asid; Shi+is had its own asids and &ater9 its own

adrasas9 to teach their own &aw; The adrasa9 &i8e the asid9

represented a schoo& of &aw9 not a schoo& of theo&ogy9 whether Ash+ari9+

or Qu+ta:i&i; The fa6ih was a professor and often a&so served thesove4

Appendix A



@HG

*erche reained the doinant

on the adrasa9 with ost&y odest odiRcations

successors9 with the exception of )o&d:iher+s;

M; The Q

Qod

ade a far fro od

is



one hand9 and Qu+ta:i&is9 on the other; )o&d:iher9 ip&icit&y

accepting the existence of an orthodox reaction connected with the

deve&opent of the adrasa9 saw the reaction in a dierent &ight; "e

saw it as that of one orthodoxy against another; "e saw a new theo4

M > 0■ a;

ans

doxy9 "anba&is9 on the one hand9 and Qu+ta:i&i rationa&is9 on the

other; The odiRcation he brought to this thesis of Qax van *erche

consisted in sp&itting the Sunni orthodoxy in two9 a new one and an

i

eerging victorious between the two extrees of Q



rationa&is

ans

Shafts were Ash+ari in creed9 that the professors of the Ni:aiya

Qadrasa

3gy was being taught in the ?Ni:aiy

o\cia& pub&ic institution of the Sta

0aris

2; >9

new theo&ogy of the State9 the new orthodoxy of Is&a;

)o&d:iher wrote his Vor&esungen in GCGH9 which was then trans&ated



soe

Arabic; The -rench version was trans&ated by -e&ix Arin who wrote

in his trans&ator+s preface to the wor8 C that his version fo&&ows exact&y

the text of the origina& )eran edition of GCGH @H except for soe

additions and odiRcations ade by the author9 to who the trans4

&ator had subitted the proofs; A second )eran edition of the wor8

was pub&ished in GCJ9 four years after the author+s death9 by -ran:

*abinger; @G

)o&d:iher+s wor8 has therefore had wide circu&ation; Its in_uence

has penetrated far and wide9 because of the author+s great authority

in the Re&d of Is&aic studies9 a reputation we&& deserved; "is state4

ents regarding the Ni:aiya Qadrasa and the Ash+ari oveent

passed un6uestioned into our studies and anua&s on Is&a; These

stateents appear in the fo&&owing passages 6uoted fro his

Vor&esungen ,

;;; for a &ong tie it was not possib&e for ( the Ash+aris ! to venture

to teach theo&ogy in pub⁣ It was not unti& the idd&e of the

e&eventh century9 when the faous wa:ir of the Sa&iuas; Ni:a

@H



Appendix A

a&4Qu&89 created pub&ic chairs in the great schoo&s founded by hi

in Nishapur and *aghdad for the new theo&ogica& doctrine9 that

Ash+arite dogatic theo&ogy cou&d be taught o\cia&&y and was

aditted into the syste of orthodox theo&ogy Z its ost i&&ustrious repre4

sentatives were ab&e to have chairs in the Ni:aiya institutions;

It is therefore here that the victory of the Asftarite schoo& was

decided in its strugg&e against QiRa:i&is9 on the one hand9 and

intransigent orthodoxy> on the other; The era in which these

institutions _ourished is therefore iportant9 not on&y in the

history of education9 but a&so in that of Qus&i dogatic

theo&ogy;

@

b; $riti6ue



In this passage there are severa& points in need of c&ariRcation; -irst9

)o&d:iher thought the professoria& chairs in the Ni:aiya institutions

were pub&ic chairs; "e thought so because Ni:a hise&f was a pub&ic

personage who was acting as representative of the Sa&u6s in his

capacity as prie inister of the governent in that dynasty; There

are sti&& those who thin8 that the o\cia& or pub&ic status of the founder

endows his institutions with an e6ua&&y o\cia& or pub&ic status; *ut

the status of the founder did not in any way a&ter the &ega& status of the

institution he founded, the institution reained a wa6f9 a charitab&e

trust; The institution itse&f was run in accordance with the wishes of

its founder9 Ni:a a&4Qu&89 who ade it an exc&usive&y Shaf"

institution; On&y those students who had chosen to adhere to the

Shafts adhab were e&igib&e for adission; The Qinister of -inance

of the sae Sa&u6 A&p Ars&an9 Abu Sa+d a&4QustauR9 founded an

fa

institution of his own9 the Shrine $o&&ege (Qashhad! of Abu "anifa9

as an exc&usive&y "anaR institution; %n&i8e the Ni:aiya Qadrasa9

that of Abu "anifa represented the adhab to which the Sa&u6

Su&tans be&onged; The passage in *undari+s history of the Sa&u6s of

Ira6 shows that Abu Sa0d was not to be outdone by Ni:a a&4Qu&8; @@

Not on&y was the Ni:aiya Qadrasa not an o\cia& institution> its

Rrst professor9 Abu Isha6 ash4Shira:i9 teaching there for sixteen years

unti& his death9 was not a rationa&ist Ash+ari; In his extant wor8s9 he

opposes Ash+ari doctrineZ @M and he is 6uoted as stating that his



opinions are opposed to those of the Ash0aris, E ; ; and these are y

boo8s on usu& a&4R6h in which I profess doctrines in opposition to those

of the Ash0aris J (wa4hadhih& 8utubi _ usu&i J &4R6hi a6u&u _4ha

8hi&afan &i J G4Ash j ariya!; @J

The wa6f deed of the Ni:aiya Qadrasa cites posts for the fo&&ow4

ing personne&, ( i ! a professor of &aw (udarris! Z (! a preacher of

the acadeic seron (wa+i:! Z (@! a &ibrarian (utawa&&i +G48utub! Z

(M! a reader of the 7oran to teach 7oranic scienceZ and (J! a

graarian (nahwi! to teach graar9 Arabic &anguage and

&iterature; The wa6f deed further a8es it c&ear that, ( G ! the Ni:aiya

+■>

0

=

t



Appendix A

Qadrasa constitutes an endowent for the beneRt of ebers

@H@

adhab

ethodo&ogy!Z (! the properties with

Ni:aiy

ebers

ust



fessor of &awZ (b! the preacherZ and (c! the &ibrarianZ nothing is said

regarding the reader of the 7oran and the graarian in this regard

in the extant docuent; Nowhere is there any ention ade of

rationa&ist theo&ogy (8a&a! or of a rationa&ist theo&ogian (uta4

8a&&i!9 or of Ash+aris; A adrasa was often founded according to

the wishes of the urisconsu&t chosen for its professorship of &aw;

Shira:i9 anti4Ash+ari in &ega& theory9 was very &i8e&y9 at the source of

Ni:aiya+s doub&e re6uireent

G ethodo&ogy

bued with A

doctrines; Thus the Ni:aiya Qadrasa9 far fro having been

M

founded for Ash+ari 8a&a 4 theo&ogy9 insisted on its professor &aw

being of strict&y ShaR+i bent even in &ega& theory and ethodo&ogy; @Y

To the nae of Ni:a a&4Qu&8 and the Ni:aiya Qadrasa9 )o&d4



faous

ans and its eergence

a

Ni:aiya Qadrasa unti& MM h; The Rrst professor of the Ni:aiya9

the anti4;Ash+ari Abu Isha6 ash4Shira:i9 and the intervening 6uarter

of a century since the foundation of the co&&ege9 are passed over in

si&ence; The idea of an o\cia& Ni:aiya had been faci&itated by Qax

van *erche+s division of the adrasa into both +private+ and

instruent

because a statesan had founded it;

)o&d:iher carries his odiRcation further; Whereas van *erche

spo8e of the doctrine of Ash+ari as having been supported by the

Sa&u6s9 )o&d:iher wanted to a8e it c&ear that it was not Ash+ari but



rather the Ash+aris9 his fo&&owers9 who deve&oped this doctrine by the

i

extrees of Qu+ta:i&is and "anba&is; With

odiRcation )o&d:iher apparent&y wished to avoid a prob&e

*erche

fro

7hurasan by order of the Rrst )reat Sa&u69 Tughri& *egB )o&d:iher

prob&e by cutting Ash+ari o fro



Ni:aiy

Qadrasa after the idd&e of the e&eventh century; *y this tie9 the

cursing of Ash+ari had ceased Z the reason being that Tughri& *eg+s

wa:ir; +Aid a&4Qu&8 a&47unduri (d;MV = GHYO9 a "anaR Qu+ta:i&i9

@HM

Appendix A

was e&iinated fro the scene and his p&ace R&&ed by Ni:a a&4Qu&89

wa:ir of the second )reat Sa&u69 A&p Ars&an9 and of the third+

Qa&i84shah;

ans9 an Ash+aris



epony; Shi0is

ans

adrasa9 pa&es in iportance; )o&d:iher sees the adrasa as an

Acadey of theo&ogy; *ut the adrasa was a co&&ege of &aw9 with

anci&&ary subects; The teaching personne& did not inc&ude a+ theo4

&ogian as such; The titu&ar professor was a professor of &aw; "e ay

have been a theo&ogian a&so9 but he he&d his post in his capacity as a

professor of &aw; There was no post for the teaching of theo&ogy

8a&a

ay be as8ed whether if the adrasa

ent



J and reained the exact sae pi

asid , it taught one of the systes

s

rup&e adrasa9 as was &ater the case with soe institutions9 it taught

two9 three or four systes9 respective&y9 each syste reaintng

independent of the other9 cop&ete and su\cient unto itse&f; 1ven

when one professor taught ore than one syste9 as a&so happened

adras

oved fro

&ocatedZ the students reained in ;their p&ace9

ixing



u&tip&e

adrasa which contained other adrasas9 as it were9 each syste

a

ebers of two or ore

did so for other acadeic purposes9 as for instance to carry on dis4

putations between advocates of opposing opinions;

J; The Qadrasa According to ?;'edersen

?; 'edersen wrote about the adrasa in an artic&e of onographic

proportions pub&ished in the Rrst edition of the 1ncyc&opedia of

Is&a9 sub verbo +asdid+; "e treated the adrasa under the rubric

+os6ue+ because he be&ieved that there was no dierence between

these two institutions9 stating that +there was ; ; ; no dierence in

princip&e between the adrasa and other os6ues+9 thus considering

the adrasa9 in eect9 as a os6ue; @ In a previous section of the

artic&e9 he stated that +the type of schoo& 8nown to us is bui&t as a



cop&ete os6ue; Since even the o&der os6ues contained @ &iving4

roos which were fre6uent&y used by students9 there is no dierence in

princip&e between the schoo& and the ordinary os6ueZ on&y the

schoo&s were especia&&y arranged for study and the aintenance of

students+; @C

Appendix A

@HJ

At the sae tie9 he saw the origin of the adrasa as deriving fro

the institution ca&&ed dar a&4+i&, +Whi&e the institutions ca&&ed Kar

a&4I& deve&oped in -atiid countries into centres of Shi0a propa4

ganda9 the adrasa grew up in the east out of sii&ar Sunni

institutions+; MH

adrasa



hoe fo

instruction was very ar8ed; *ut even where it was 6uite an

independent institution9 the distinction between adrasa and

ordinary os6ue was very s&ight9 a&& the &ess as serons were a&so

preached in the adrasa J ; MG

$iting Ibn a&4"a (d;@ = G@@Y! as one who9 +in the viiith century

a;d; fourteenth sti&& wants to distinguish between asdid and

adrasa and to give ore iportance to the forer (Qad8ha&9 ii; @9

M!+9 he goes on to state that +the distinction reained however 6uite

an artiRcia& one and this is true between adrasa and dai0+;0

ents

os6ue and the adrasaZ and second9 that the adrasa

fro the institution ca&&ed dar a&4 c i&



a

p in the east out of sii&ar Sunni institutions+9 eaning

&9 and if the adrasa does not dier in KrinciK&e fro

os6ue

adrasa is derived fro dar a&4 e i&

ta8en up by Doussef 1che9 and further deve&oped9 especia&&y as

regards the Shi+a note struc8 by 'edersen in reference to this

institution; M@

Y; The Qadrasa According to Doussef 1che

In contrast to )o&d:iher9 and in agreeent with 'edersen9 the thrust

of 1che+s thesis is on Shi+isZ and whereas )o&d:iher does not a8e

ention of van *erche9 1che cites hi extensive&y9 and subscribes

to the po&itica& and re&igious otives that van *erche be&ieves



contributed to the birth of the adrasa; "e does not9 however9 sub4

scribe to the &atter+s +private adrasa J as the interediate for of

institution between the os6ue9 on the one hand9 and the adrasa

organi:ed by statesen9 on the other;

1che as8s a rhetorica& 6uestion ,

These private adrasas9 pecu&iar to 'ersia9 cou&d they be the

ode& copied by the creators of the adrasas of Ira69 Syria and

1gypt B In other words9 cou&d the transforation of the adrasa9

private and abridged9 into a state institution9 &arge and conscious

of its ro&e9 be accop&ished overnight without the aid of a ode&

a&ready in its fu&&ness and vigour , the dar a&4i& B

1che then answers the 6uestion ,

+ 00 ';

@HY

Appendix A

anner



para&&e&is between the dar a&4i& and the adrasa9 a para&&e&is

forer

I&

Is&a

was the dar a&4+i&; The thesis he supports goes bac8 to; a stateent

ade by his forer professor9 Q; )audefroy4Keobynes9 that the

adrasa is a transforation of the dar a&4+i&; MJ 1che gives in support

of that stateent reasons resting ain&y on the Sunni4Shi+ite opposi4

tion9 adubrated bv van *erche; The substance of his reasoning

i



i& was an instruent of Shi c ite4Isa

adrasa

i&

i& of Sabur in the 7ar8h

the Sunni popu&ation9 though this cannot be provedZ in any case9 its

surviving boo8s were dispersed by the Sunni con6ueror (i;e;9 the

Sa&u69 Tughri& *eg!; Sa&adin causes the dar a&4+i& of the -atiids

to disappear; The $rusaders9 unwitting&y a&ways he&ping the Atabegs

and Aiyubids9 destroyed the dar a&4+i& of Tripo&i (Lebanon! and

a&ost siu&taneous&y that of ?erusa&e; The creation of the new

o\cia& adrasa

che and conRred by



a&4+i& (of *aghdad in

Qadrasa of Abu "anifa

Ni:aiya Qad

adrasa

&

i& is a 6uasi4o\cia& institution9 adinistered

a6f estab&ishent

&



! The dar a&4+i& oe

adrasa did the sae

@ ! The dar a&4+i& received the reains of a venerated person

the adrasa did the sae; 1che cites the Qadrasa of Abu "anifa Z

9 w >

exap&e and says that the Ni:aiya Qadrasa was supposed to re(

the reains of ShaR+i which were to be transferred to it fro $

(the [arafa $eetery!; 1che does not agree with van *erche

this notion was ere&y a &egend; 1che cannot support his c&ai,

sip&y what he thin8s to be true (+?e suis ee porte a c,

6ue ; ; ;+!;

i& we&coed adab4&iterature at a tie

os6ue



previous&y hospitab&e towards this Re&d9 began to show

hosti&ity towards it in the fourth =tenth century; Adab &eaves the

os6ue and estab&ishes itse&f in the dar a&4+i&; In the adrasa9 adab

becoes estab&ished fro the outset9 a&though it had nnthino4 tn "o

Appendix A

@^

with the re&igious and po&itica& action p&anned by this institution;

i&

adrasa; The Ni:aiya Qad



c&assroos for teaching9 had a&so its beautifu& &ibrary9 one of the ost

faous in Arab history; *efore the Rfth =e&eventh century9 not a sing&e

os6ue

i&

not have the shadow of a doubt; The Arab &ibrary passed direct&y

fro the dar a&4+i& to the adrasa; We cannot estab&ish a sing&e stage

of evo&ution+;

, transission of in_uence fro the dar a&40i&

ore suggestive and ore iportant9 is that of sti

i freedo of entry in the dar a&4+i& institutions;

eetings9 Ko&eics



en

a&4 c i& institutions; 1che gives exap&es here;

! This arguent is considered by 1che to be +g&aring proof J of the

evidence cited in deonstration of the transission of teaching fro

the dar a&4+i& to the adrasa ( +%ne preuve ec&atante vient renforcer

&es teoignages rapportes J !; The dar a&4+i& is a &ibrary where an

attept is ade to incu&cate a teaching of heterodox propaganda and

initiation; The adrasa rep&aced this by the teaching of the Sunna;

The Sunna consists in being guided in one+s &ife by the deeds and

prescriptions of the 'rophet; The study of the hadith in the adrasa

was for the purpose of opposing Shi0ite propaganda; The Rrst adrasas

created in reaction against the heterodox teaching of the dar a&4+i&

adopted the teaching of hadith; As though done on purpose9 this

teaching soeties too8 p&ace in the adrasa &ibrary;

! In this &ast arguent9 1che sees +the agency of the boo8 in Arab

teaching+ as a coon e&eent tying the &ibrary (i;e; dar a&4 B i&

institutions! with the +Qus&i university J (the adrasa!; The

authority of the professor is based on the boo8s he teaches; 1che points

out that this is a subect which has not yet been studied9 but he wishes

to stress the syste of degrees; -or professor and student a&i8e9 the

boo8 is the eans of exchange; The professor is reduced to p&aying the



coentator

assii&ated

ipose

sing&e doctrine (Ast>aris! barring the road to discussions and

innovations; This stationary state of aairs coincides with the

estab&ishent of the adrasa whose priary goa&9 as indicated by

their history9 is to unify re&igious doctrines and ipose this uniRcation;

The adrasa throws in its &ot with the boo8 and proc&ais the boo8+s

authority; It even goes so far as to recogni:e nothing but the boo89

since soe are estab&ished to teach one particu&ar wor8Z for instance9

@ o

Appendix A

Qathnawi in *aghdad ( the Qathnawi being a wor8 by ?a&a&



/ui9 the 'ersian ystic!;

suari:es

i& on the adrasa

In spite of the dierence in princip&e9 this institution the

adrasa G coKiesfro

ay be cited , ( i ! the adinis

trative organi:ation of the wa6fZ (! the attept

roo



the 8hi:dnat a&4hi8a institutions9 the student c&ass9 brought into

existence as a resu&t of the deve&opent of the sciences J(@! the

buria&4p&ace given9 in a 8ind of auso&eu9 to certain iportant

persona&itiesZ (M! the &ibrary in a&& of its deve&oped sp&endor

and vigor at the tie of its existence in the ddr a&4"& institutions;

It preserves the eory of its existence in the ddr a&4"& institu4

tions; It preserves the eory of this existence in these sorts of

courses of hadith which are taught in it;

Thus9 in the bri&&iant and profound words of our respected

professor Qonsieur )audefroy4Keobynes9 +the transfora4

tion of the ddr a&4"& into the adrasa J is a rea&ity; The &ibrary

ddr a&4"& gave birth to the Arab university; M

b; $riti6ue

>uents can be ustiRed

G ost recent stateent

ent of the adrasa; A

e



nine decades ago; 1xcept for two references to the artic&e on the

+asdid J in the 1ncyc&opedia of Is&a by 'edersen9 it passes over in

si&ence a&& intervening studies on the subect; 1che was apparent&y not

aware of y study pub&ished in GCYG9 MC treating of the adrasa and

other institutions of &earning in *aghdad in the period he9 &i8e van

*erche and )o&d:iher before hi9 considered as of crucia& iport4

ance for the re&igious and po&itica& factors invo&ved in the rise of the

see

aware of the wor8 on Ibn +A6i&9 treating of the po&itica& scene in

*aghdad and the re&igious oveents there in the period ust prior

to9 and inc&uding9 the Rfth =e&eventh century; JH

uents

va&idity,



ad

hents does not ean

Wa6f was the on&y for of perpetuity in Is&a; "owever9 neither one

nor the other institution was an o\cia& or 6uasi4o\cia& estab&ishent;

A wa6f institution is estab&ished by a founder in his capacity as a

private Qus&i individua&9 using his private property and wea&th to

Appendix A

@HC

found an institution for a; pub&ic charitab&e purpose9 as an act which he

hopes wi&& draw hi c&oser to )od (6urba!;

! The hospita&ity oered by the dar a&4 c i& was transitory9 given

to visitors who cae to the &ibrary to study for an unspeciRed period

of tie9 as guests of the founder9 who assigned the a stipend during

their stay if they were in need of it; This was true9 for instance9 of the



dar a&40i& of a&4Qausi&i; JG On the other hand9 the adrasa+s hospita&4

ity was written into the wa6f deed; Once accepted as a foundationer9

the student received his stipend as of right; The founder9 once his wa6f

deed was signed9 cou&d no &onger withho&d such stipends9 un&ess with

cause9 and the cause had to be speciRed in the deed; A&so9 the stipends

of adrasas9 the roo and board9 so to spea89 were not transitoryZ

they were of a peranent character9 independent of the founder and

of his &ifespan, they continued to be oered after his death;

@ ! Not a&& dar a&4 c i& institutions received the reains of venerated

personsZ nor did a&& adrasas; The Shrine $o&&ege of Abu "anifa was

designated by that nae because it was founded at the site of Abu

"anifa+s tob which was a&ready there with a doe constructed

above it; J There is not the s&ightest shred of evidence that Shaft Vs

reains were to be transferred to the Ni:aiya of *aghdad Z van

*erche was righi in this regard; In constrast to the co&&ege naed

after Abu "anifa9 the Ni:aiya was naed after Ni:a a&4Qu&8;

M! One cannot coe to the conc&usion that the dar a&4+i&

in_uenced the adrasa on the basis that adab was taught in the

forer9 then in the &atter; Adab was a&so taught in the asid; This is

an institution that 1che ignores a&together as an institution of &earning9

precursor of the adrasa; The asid served fro ear&y ties as an

institution for the study of graar9 inc&uding adab4&iterature;

Da6ut cites rnasids for this purpose9 aong the that of a&47isa+iZ J@

and Shafts taught graar and &iterature in a ai0; JM )raar and

adab reained aong the anci&&aries for the study of &aw9 as we&& as

for the e&ucidation of Scripture9 in rnasids as we&& as in adrasas;

J! Libraries were not pecu&iar to the dar ai4+i&Z any individua&



notab&es had &ibraries of their own; It wou&d be gratuitous to draw

the conc&usion that it cae fro one particu&ar 6uarter to the

exc&usion of others9 un&ess other supporting evidence is avai&ab&e;

Y! "ere 1che assues that what happened in one region9 $airo9

under a heterodox regie9 the -atiid9 happened a&so in another

region9 *aghdad9 under the Sunni Abbasid ca&iphate; "is source for

fourth = tenth4century $airo is the ninth = Rfteenth4century Qa6ri:i;

"e then cites the p&ans of the ca&iph a&4Qu+tadid in *aghdad for an

institution of &earning in his pa&ace9 which p&an was never to be put

into operation; There is no inforation avai&ab&e on what it wou&d

have been exact&y; 1che is9 oreover9 inconsistent in deRning the dar

a&4+i& as a &ibrary in the beginning of his wor8 (see pp;i ;!9 then

@io

Appendix A

I0

I0



t

genera&i:ing on the basis of the $airene dar a&40i& that students were

aditted and fo&&owed regu&ar courses; A&& avai&ab&e evidence points

to a genera& westward oveent in the deve&opent of education9

with *aghdad being the cu&tura& centre9

! "ere 1che says that the dar a&4+i& was a &ibrary where students

were taught; "e sees the teaching of hadith in the Ni:aiya as

evidence of a spirit of opposition and iitation at the sae tie; An

interesting theory9 but possib&e on&y if there had not been a &oca&e

where hadith was previous&y taught, in the ha&6as of the Qos6ues9

and in the asids9 two very proinent and natura& p&aces; It wou&d

be rather far4fetched to see8 iitation and in_uence e&sewhere;

"adith was taught in the ha&6as and asids of *aghdad and other

Qus&i cities before and after the advent of the adrasa;

! In this &ast arguent9 1che sees the boo8 as the &in8 between the

&ibrary and the adrasa9 which he ca&&s the +Arab university J ; *ut the

boo8 was in every 8ind of &ibrary, why a8e it the exc&usive instru4

ent of the dar a&4+i&9 then draw the conc&usion that this institution

in_uenced the adrasaB If this were aditted9 what is to be thought

of the asids where the boo8 was used previous&y9 and where the

teaching4&earning activity deve&oped centuries before the adrasa

cae upon the sceneB

1che subscribes here to the notion put forth by van *erche that

in the Rfth =e&eventh century9 the State began to ipose a sing&e



doctrine (i;e;9 Ash+aris! barring the road to discussion and innova4

tions; If the State can be said to have iposed a doctrine9 this doctrine

was not Ash+arisZ it was the traditiona&ist creed which went under

the nae of the ca&iph a&4[adir9 and &ater under his nae and that of

his son a&4[a+i; *ut the +State+ supported the doctrine that had the

support of the Qus&i counity through consensus; Van *erche

was right when he said that the +State+ supported the winning doctrine ,

his ista8e was in assuing that this doctrine was Ash0ari+s; If this

were true9 the Sa&u6 Tughri& *eg wou&d not have ordered the cursing

of Ash+ari fro the pu&pits of 7hurasan; )o&d:iher9 aware of this

po&icy9 odiRed the view of van *erche by stating that it was not

the doctrine of Ash+ari9 but rather that of the Ash+aris; *ut that too

was ista8en9 for we Rnd the Ash+aris sti&& strugg&ing for &egitiacy in

the fourteenth century9 &ong after the e&eventh; JJ

To su up, Qany estab&ishents of a peranent character were

based on wa6f9 Is&a+s on&y for of perpetuity; There was no other

choice for an estab&ishent that was intended to survive its founder in

perpetuity; /egarding students with roo and board9 we now 8now

that the asid with its nearby 8han supp&ied the two essentia&

e&eents of the adrasa; Two facts ustify the asid48han cop&ex as

the precursor of the adrasa, (a! the Rrst professor of the Ni:aiya9

Abu Isha6 ash4Shira:i9 &eft such a cop&ex in order to assue the

Appendix A



@ GG

chair of R6h at the Ni:aiyaZ JY (b! this was not an iso&ated case

co

co

co

J

described in an ear&y study;

The reader can readi&y see that the above ana&yses cover broad

expanses of Is&aic history; The so4ca&&ed +po&itica& adrasas+ entai&

a discussion of the po&itica& scene in the Rfth =e&eventh century; This

invo&ves the re&ationship between ca&iph and su&tan9 the authority of



the ca&iph as opposed to the power of the su&tan9 Rrst as regards the

*uwaihids9 then the Sa&u6s who rep&aced the; A discussion of the

Sa&u6s ust ta8e into consideration their wa:irs9 Rrst +Aid a&4Qu&8

a&47unduri9 wa:ir of Tughri& *eg9 then Ni:a a&4Qu&89 who rep&aced

hi and he&d the post for thirty years under A&p Ars&an and Qa&i84

Shah ( su&fonate, aY>4> = GH4[I; Indeed; Ni:a a&4Qu&8 ust be

uch has been ade

adrasas he estab&ished a&& over the rea&

Qus&i

Wor&d; The two Sa&u6 wa:irs supported u&aa of antagonistic

ideo&ogies, 7unduri supported Qu+ta:i&is9 and Ni:a9 Ash+aris9

a situation necessitating discussion of the re&igious oveents of the

period and their re&ationship to Sunni orthodoxy; The discussion is

further cop&icated by )o&d:iher+s ana&ysis of Sunnis into two

orthodoxies9 an o&d and a new one9 as we&& as his dissection of Ash04

aris into two parts , that of its head9 a&4Ash c ari9 and a &ater9 truncated

Ash0aris;



Thus po&itica& history9 re&igious history9 as we&& as institutiona&

history are a&& invo&ved and ust be unscrab&ed before one can hope

to understand the signiRcance of the adrasa and its o&ace in historv;

@G

Appendix *

aii

Kaascus

adhabs ( Y G ShaR+i adrasas Z J "anaR Z G G "anba&i Z and M Qa&i8i !

founded between c;MCH and C ( a;d; GH GH4 GM!; (-or 'aris9 /ash4

da&& %niversities9 G9 pp;J@Y ; &ists H co&&eges between G GH and GJHH

a;h; JY4CHJ !; It a&so gives data on the fo&&owing institutions, dar

a&46ur B an ( ! Z dar a&4hadith ( GY! Z cobinations of these two institu4

tions ( @ ! Z edica& co&&eges ( @ ! Z onasteries , ribats (G!9 :awiyas

(Y!9 turbas (C!Z and Qos6ues in Kaascus and other Syrian



Is&a

QIL0 pp0i ;9 Qaddris

'atricians y pp;MC > (no;Y9 Kar as4Sunna9 shou&d not be confused with

the &ater dar a&4hadith institutionsZ it rather suggests opposition to the

dar a&4>i& institution9 the ter sunna standine for the &egitiate

Is&aic

'rofe

pp;@@J ; ( +addris und asdid.!; There are three studies now in the



Rna& stages of preparation with data on institutions in 1gypt by )ary

Leiser9 and in Qus&i Spain9 bv 7ay "ei88inen and Qichae& Len8er;

0404;

v4

w 0

r 4

r

u

y

i



t

I

i

t4

E

E ■

E 9

r

G

V

I. r

i



t

G; +9

G 0

E 9

■ "

I4 ■

E

i

V

i

E

0

P

i

P

G

r



1

i

?

I

I

t

?4

E

i;

i

I



G

@ P @

NOT1S ANK /1-1/1N$1S

$hapter i

Institutions

i; 1s6uisse9 MZ Introduction9 ;

; See 1I 9 s;v; R6h9 (by ?

@; $a&iphate, JM4Y=G GH4GJ;

@@; $a&iphate, Y@4MH=GY4M;

*etween an4Nasir and a&4

Qustansir9 there was the brief



Schacht!9 n9 Cb (&ower portion!4 $a&iphate of a:4ahir in Y=GJ;

@M; T-S9 GJG Z on the ahirites of

*aghdad9 see Ibn .A6i&9 ;

@J; See As" art xvn (GCY!;

@Y; On ahiris and 6iyas9 see

CHa; 0r3 Z

@; Is&a9 G;

M; 7hitat9 GG9 @MM;

J; See 1'9 in9 a (&ast para4

graph! and CHa (i;!;

Y; cf; Introduction9 Y4;

; See >ahiriten;

; Qadrif9 Mf;9 cited in

ahiriten9 M n; G ;

C; A6a&i9 @ (J9 4!;



GH; ibid;9 @ (4C!;

GG; ibid;9 GM (G G!;

G; Qi&a&9 GG9 MJ (J4@H!9 and MY

(GJ4GY!;

G@; Qu6addia9 G (&ine G!Z

` Qu6addiah9 in9 J9 cited in

ihiriten9 J n;@;

GM; -ihrist9 J9 cited in Is&a9

HC n;@;

GJ; A6a&i9 5l0;

GY; TSS9 GG9 @@>

G; A6a&i9 @ (&ine J!;

G; T-S9 G@4@;

GC; ibid;9 G@M;

H; ibid;9 GH@;



G; +Anhu a8hadha +G4*agh4

dadiyunZ a8hadha +anhu e aatu

shuyu8hi *aghdad9 etc;Z see ibid;9

GJH9 C9 et passi;

; ibid;9 ;

@4 ibid;9 C;

M; ibid;

J; ibid;9 H;

Y; ibid;9 J;

; ibid;9 C;

; ibid;9 C;

C W of ay at9 GGG9H4G;

@H; Su&tanate, YJ4Y=GYH4;

@ G ; 7hitat9 G G9 @MM;

>dhiriten and )raaire;

@; Ibn 0A6i&9 H and notes;



@; An exception to this genera&

ru&e is found &ater9 in the seventh=

thirteenth century9 in the wor8 of

an4Nu+aii on the adrasas of

Kaascus9 where three adrasas

are designated for the study of

edicine, as (G! a&4Qadrasa ad4

Ka8hwariya9 founded in YG =i MZ

(! a&4Qadrasa ad4Kunaisiriya9

founded by the ShaR+i urisconsu&t4

physician +Iad ad4Kin ad4

Kunaisiri (d;YY=G! Z and (@! a&4

Qadrasa a&4Lubudiya an4Naiya9

founded in YYM=GYY9 by Na ad4

Kin Ibn a&4Lubudi9 author of a

wor8 on edicine according to the

scho&astic ethod of urisconsu&ts Z

see Qethod9 YJC;

@C; Kar a&4[ur+an ar4/asha+iya9

see Kdris9 G9 G G ;

MH; Qunta>a9 vi9 G@@ (4!Z a&so9

TIS9 apud Qateria&s9 C;

MG; Qunta:;a9 vi9 CZ a&so9

Supp&eent9 s;v;&s;



M; Qunta:a9vi9 GMJ (GM4GJ!;

M@; See LL9 s;v;9 where Lane

exp&ains a&is as e&&iptica& for ah&

a&4a&is;

MM; i>-A9 MM4J=G G9 G@G (u&t;!;This

wor8 has now been pub&ished in two

arbitrari&y divided vo&ues9 edited by

Shai8h Isai& a&4Ansari; The wor8

in anuscript is divided into twe&ve

@0M

Notes and /eferences to pages G G X GC

parts (u:+!9 and is paginated; The

?i&&9 fro Ti&



Rrst nuber refers to the QS; pagesZ eaning perhaps that the ca&iph

shou&d have given priority to &oca&

professors;

H According to a&4Qawardi9

however9 the ca&iph appointed the

ia of a asid;

G; Ins6f vii9 JJ;

; QIL9 JYH;G9

@; Supp&eent9 G9 @G9 s;v; ha&6a;

M; T"D9 GG9 GJ@4J;

J; Abu +&40 Abbas Ahad

(d;MHG=GHGHZ see ibid;9 GCG!9 Abu

Isha6 Ibrahi (d; MMJ=GHJ9 see

Qunta:a9 viii9 GCG!;

Y; Qunta:a9 vi9 @CHZ for other

such ha&6as9 see op; cit;9 ix9 4C9

and Irshdd9 vn9 YY4;



the second9 to the printed edition;

The &atter appeared after the s;

had been used for this study;

MJ; Supp&eent9 s;v; a&is;

MY; Atibbd9 Y;

M; cf; Qunta:a9 vn9 CJ;

M; cf; ?awdhir9 G9 GJZ Qunta84

hab9 fo&s;M@a9 Ma9 Ma9 et passi;

MC; -a6ih9 GH=G9 GH;

JH; ibid;9 G J=G9 GM (read here +at4

tafa66uh+ with the s;9 instead of

the edition+s +a&4R6h+!;

JG; ibid;9 G C=G9 G;

J; ibid;9 MG=GG9 GC;

J@; Su&tdniya9 (>Statuts9 MHY!9 GZ

cf; Abu Da+&a9 GG;

JM; See9 for the %aiyad Qos6ue9

TQK9 M (cites on&y six such

:awiyas for &aw! and Kdris9 n9 MG



(cites eight! Z and for a&4?ai0

a&4Ati69 7hitat GG9 JJ (cites eight

such :awiyas!;

JJ; cf; Tur8ey9 G@@Z for a recent

concise stateent on Qus&i educa4

tion in Tur8ey9 see ibid;9 I@;

JY; Quid9 @ , inna i6aata

u+ataini R ba&adin &a yau:u i&ia

&i4daruratin +inda +sh4ShaR+i wa4

a8thari J G4 $ u&aaE

J; -or exap&es9 see QIL9 J4;

J; Qunta:a9 v GG9 GG (G4G!;

JC; ibid;9 vn9 GG (G4G!;

YH; See Ir shad9 iv9 GY;

Qunta:a

W6faydt



typ

C; The text is in Qunta:a9 viii9

@GC and in Irshdd9 viii9 YY4Z 8ana

&ahu ha&6atun bi4?ai0 a&4[asr

yufti Rha wa4yu6ri+u +G4hadith9 wa4

ha&6atun bi4?ai c a&4[asr;

H; Khai&9 G9 C and G;

G; Qunta:a9 v in9 GM;

; Shadhardt9 G9 GJC;

@; Qunta:a9 ix9 4C, wa4&ahu

ha&6atun R +G4R6h wa J &4fatwa

wa+G4wa+:;

M; ibid;9 ix9 GYJ;

J; Irshdd9 vn9 MJ, 8anat &ahu

?ai c a&4[asr yu6ri+u

QIL



YG ; ibid;Z it shou&d be noted that Rha +G4adaba 8u&&a u c a;

when the passive tense here

(yu+dhan! was used9 it was in

reference to the ca&iph;

Y; ibid;

Y@; Qunta:a9 vni9 Y (u&t;!;

YM; ibid;9 ix9 @4M9 esp; p;M (@4J!;

YJ; ibid;9 x9 GMJ, wa46ad tara

&ubbuh;

Ac

M4@;

; Wafaydt9 G9 J;

; Qunta:a9 x9 GJ (M and

C; -or further detai&s on the



QIL

YY;

Qunta:a

ix; , fa4hadara Tarrad b;

0 0

Quhaad in *ab a&4*asra R

+:4:urati +&4 c Abbasiya ; ; ; wa4a+a

Na6ib at4Ta&ibiyin a&4Qu+aar

; ; ; R :urati J &4 c A&awiya;

Y; ibid;9 ix9 GHY;

Y; Nu:ha9 JY;

YC; TSS9 in9 G@H (G@! , +how cou&d



CH; Or by others9 patrons9 who

contributed with the consent of the

ca&iphZ as was the case with Ibn

+A6i& whose patron was the wea&thy

"anba&i erchant Abu Qansur b;

Dusuf; See Ibn +A6i&9 index9 s;v;

Abu Qansur b; Dusuf;

CG; Qunta8hab9 fo&;iMoa (&ine G!;

C ; ibid;9 fo&;iMJa4b;

H@; Qunta:a9 iv0 G;

you give the ha&6a to soeone with CM; Irshdd9 xvi9 @;

such a nae+; The reference was to

CJ ; W6faydt

Notes and /eferences to pages GC4@



SIS

CY; 0%nwdn9 CHZ LL9 s;v;

Abd A&&ah ash4Shiri:i a&4Wa+i:

C9 Qunta8hab9 fo&; GMJaZ 7hifaf9 GG9 (d;M@C=GHMZ op; cit;9 vni9 G@M!9

@;

C; Nishwdr9 GG9 G@JZ Qunta8hab9

fo&;iMJa4bZ Wafaydt9 iv9 @JZ

Quhddara9 G G9 YM;

CC ; Koris9 GG9 M G G ; Z a&so9

TQK9;

GHH; L=B and LL9 s;v; ME



GHG; cf Kdris9 G9 JM (J! , aa c a

f a&aihi +s4sab+a a8hthara in

and that of A8hu ?uada (d;JH@=

G GHCZ op9 cit;9 ix9 GYM!;

GC; Qunta:a9 vii9 @ (&ine GJ!Z

for *iographica& notices see ibid;9

vni9 II9 Shadhardt9 in9 GCC4HH;

G@H; Tdri8h9 x9 Y@G;

G@G; Shadhardt9 in9 G;

G@; ?awdhir9 GG9 GMGZ QIL9 G;

G@@; Khai& (-!9 G9 G;

f ishrina ta&iban (ore than twenty G@M; op; cit;9 G9 @YM;

students co&&ected the seven variant G@J; Khai& ('!9 fo&;ob;

readings of the 7oran under his

direction!;



GH; -or this Qos6ue9 see 7hitat9

ii9 MY4JY;

Kdris9 ii9

Kdris9 GG9

Kdris9 GG9

Kdris9 ii9

Kdris9 ii9

GH@; This p&irase ay a&so ean9

for the teaching of R6h;



GHM; 7hitat9 GG9 @CM;

GHJ; cf; n;JY above;

GHY; Topography9 @ and notes Y

and 9

GH; 7hitat9 ii9 ;

GH; ibid;9 ii9 @;

GHC; ibid;9 ii9 @iY;

no9 ibid;9 n9 @;

in; Wafaydt9 v9 @ G ;

GG; Qunta:a9 vn9 9 vni9 G@4

GM;

GG@; ibid;9 vni9 GY and GJH;

GGM; Irshdd9 xi9 ;

GGJ; 7S9 ;

GGY; ibid;Z Wafaydt9 G9 @J;

GG; ?awdhir9P9 GC;

GG; Qunta:a9 vn9 @9 cf;



Shadhardt9 in9 GY;

GGC; Qunta:a9vu9 GH4GM9 GC4@H;

GH; Wafaydt9 in9 @M;

GG; Qunta:a9 vni9 M4J;

G; ibid;9 vn9 @HG;

G@; ibid;9 vni9 G4G@;

GM; ibid;9 ix9 CM4YZ see a&so Ibn

0A6&&9 MGJ4G for ore detai&s;

GJ; Khai& (-!9 G9 G@;

GY; ibid;9 G9 @YM;

G; -or Nishapur9 see Qunta8hab9

passi9 and 'atricians9 in the

appendix for a &ist; -or other

asids in *aghdad9 see QIL9 G y; +G4udun9 wa4ana ghar&b9 fa4na:a&tu

G@Y; Qunta:a9 ix9 J@ (GJ4G!;

G@; Kdris9 GG9 @H@4HZ for the

Qasid of Ibn ash4Shahra:uri9 ibid;9



GG9@GY;

G@; Qunta8hab9 fo&; G Yb , a&4asid

a&4ubtana Rha;

G@C; ibid;9 fo&; G GMa, a&4adrasa

ad4da8hi&a R +G4asid a&4a e ruf

bih;

GMH; TQK9 G G (no; G CM! Z Kdris9 n9

@@H (no; G CM!;

GMG; TQK9 GGC (no;H!

@@G (no;H!;

GM; TQK9 GG (no;G@!

@@ (no;G@!;

GM@; TQK9 GG (no;GM!

@@ (no;GM!;

GMM; TQK9 GG (no;GY!

@@ (no;G!;

GMJ; TQK9 G (no;G!



@@@ (no;G!;

GMY; TQK9 G@ (no; @!

@@@ (no;!;

GM; TQK9 GM (no;@G!

@@M (no;@H!;

GM; TQK9 GM (no;@@!

@@M (no;@!;

GMC; TQK9 GM (no; @!

@@J (no;@Y!;

GJH; TQK9 G@ (no;C!

@@M (no;!;

GJG; TQK9 G@Z Kdris9 n

GJ; TQK9 GMC (no;M@!

(no;MJH!9 GJG (no;MJ@!9 GJG

(no;MJ!;

GJ@; Nishwdr9 G9 MY, 8untu R ba f di



Kdris9 GG9

Kdris9 GG9

Kdris9 GG9

Kdris9 GG9

Kdris9 GG9

@@;

0JP

G; -or exap&e, the os6ue4

R 8hanZ Irshdd9 xv9 Y, &a yata4

co&&ege of ash4Shara6ani (d;MJ G = :auwa 6att9 wa48ana yas8unu

GHJCZ Qunta:a9 vni9 G4G@! Z that +G48hanatZ Kdris9 n9 H@, wa4

of Abu+&4Qa+adi as4Sa&i8 (d;MCY=



0aara 8hanan bi46aryati

G GH Z op; cit;9 ix9 G@Y! Z that of Abu +&4"usaiya in Wadi *arada +a&a

@GY

Notes and /eferences to pages @4

&aba88

inns

ya+w& i&aihi +G4usaRrun;

GJM; 0 %nwdn9 G HJ , the )hurid

Su&tan )hiyath ad4Kin b; Sa



(d;JCC=GH@! bui&t severa& such

on roads and in the deserts (bana

; ; 9 +G48hanati R +t4turu6i wa

J &4afawi:! ;

GJJ; Qshwdr9 GG9 CC, *aghdad ha5

a 8han on the Tigris which served

as a warehouse for erchandise

Qausi&

GJY;

(!

the case with the 8han ca&&ed

7han as4Sua in the 6uarter of

Su6 ath4Tha&atha+ on *aghdad+s

&eft ban8 (8ana &ahu du88anun R

8han as4Sua9 bi4Su6 ath4

Tha&athi+!;



GJ; Qunta:a9 vii9 , wa6afc

+a&a +G4isri 7han an4Narsi bi

+G47ar8h;

GJ; See -IT9 iv9 G@4GM;

GJC; Ta8i&a9 G, 8han bi4

Suwai6at )ha&ib9 +inda 6abr Ibn

Surai9 wa6f f a&a ashabi +ash4

ShaR+i i&a +G4yau;

GYH; See page C be&ow;

GYG; Qunta:a9 vin9 G>H (sub

GYY; See Supp&eent9 s;v; 8hi:dna9

citing )harndta in reference to the

&ibrary of the A&ohad su&tan Abu

Da c 6ub;

GY; $a&iphate, GC4 G= G@4@@;

GY; 1'9 s;v; *ait a&4"i8a (by K;

Sourde&!; K; Sourde& has a&so

written artic&es on Kdr a&4"i8a and

Kdr a&4I&9 see ibid;9 s;v;



GYC; W6faydt9 in9 JJ4YZ and Irshdd9

xv9 GMM, 8hi:anat hi8a; On a&4-ath

b; 7ha6an9 usua&&y (and erroneous&y

referred to as wa:ir9 see Vi:irat9 G9

;

GH; Nishwdr9 iv9 YYZ Irshdd9 xv9

GJ, 8hi:anat 8utub e a:ia

yusaiha 7hi:anat a&4"i8a;

GG; Irshdd9 vii9 GC@, 8anat &ahu

bi4ba&adih& dar f i&rn 6ad a+a&a Rha

8hi:anat 8utub in ai+i J &4 e u&u;

G; T*9 xii9 M (! , 8ana +indahu

bait +i&;

Qunta:a

MM

a



;

GM; A6d&i9 MG@ (is;!Z ephasis

added;

GJ; Irshdd9 xi G G9 @@4M;

GY; Qunta:a9 x9 GG@ (G4H!;

G; ibid;9 x9 M;

G; ?awdhir9 G9 @H;

GC; Irshdd9 xii9 M;

GY; See the autobiographica& note GH; Kuya9 GC9 MGM;

of one of these discip&es regarding

this 8han9 Qunta:a9 x9 @9 an5

trans&ation in QIL9 JM;

GY@; Nishwdr9 G9 MY, fa4na:a&tu

8han9 fa48ana ya8hta&ifu i&aiya

ahdathuhu wa4ria&uhu u6



uhuu +G4R6ha R ghurfati;

GYM; See *ib&iothe6ues; -or the

GG; Irshdd9 ix9 CC, 8ha:a+in a&4

8utub a&4atya R +G4Is&a;

G; Irshdd9 vii9 GC@, wa4idha

a+aha gharibun yat&ubu +G4adab9 in

8ana u+siran a+tahu wara6an wa4

wari6an;

G@; Qunta:a9 vn9 G9 and v9

;

thesis 1che e&aborated on the origin GM; ibid;9 vin9 GY;

and deve&opent of the adrasa9

and his treatent of the adrasa as

a university9 see pp;@HJ; be&ow;

GYJ; See T*9 xn9 M (!;

where9 in spea8ing of Abu J G4"asan



0A&i b; Quhaad a&4*a::a:

(d; @@H=CM!9 a&47hatib a&4*aghdadi

said that he had +a house of &earn4

002

GJ; ibid;9 ix9 M4@;

GY; A6d&i9 MG@ ( iJf-;! , wa4R

hadhihi abadan shai8hun yudrasu

0a&aihi J &48a&aa c a&a adhahibi

+G4Qu e ta:i&a;

G; Su&tanate, @@4=CMC4; On

Ibrahi b; *a8s9 cf; )AS9 vn9 @

(M fro botto!9 Ibrahi b;

ing+ , wa48ana &a4hu bait +i&Z cited *a88ush;

Qateria&s



G; AtibbdE @MG (M4J and GJ4GY!,

by the poet Ki+bi& (d;c; GJ=CG!9 the a&is a&4+i& a&4u6arrar R

synonyous ter an:i& a&4i& is

found Z see K&wdn9 C and Irshdd9

xix9 Y;

G4*Iaristan a&4-ari6iZ in spea8ing

of a wor8 by this physician entit&ed

7itdb a&4*idristdndt in the second

iNotes and 7cierences to pages 4MH @G

of its two parts9 the 4author records GH; The adrasa+s cognate

answers given to 6uestions posed by institutions were ode&&ed ore or



the students in this course in the

hospita&;

GC; ibid;9 @@ (H4!;

GCH; -or the section on wa6f9 see

be&ow pp;@J0

GCG; Seep;G above;

GC; Qunta:a9 vn9 GHG;

GC@; ibid;9 vi9 J@;

GCM; ibid;9 vi9 @H;

GCJ; ibid;9 vii9 G I@;

GCY; ibid;9 vii9 G gf-;

GC; ibid;9 vn9 GH4GM;

GC; ibid;9 vii9 G (GJ! , +asid

Ki c &i b; Ahad+;

&ess on the adrasa;



ii; Istituti9 G9 @MZ -"9 in9 MH

(u&t;!4Mi (G4G!;

G; -[9 YZ -"9 fo&;i@Ya (GG4G!;

G@; -S9 GG9 CC (esp; &ine !;

GM; ibid;9 GG9 GJ (M; fro botto

of page!;

GJ; ?awahir9 G9 J@;

GY; ibid;9 GG9 GMG;

G; ibid;9 G9 GJ@;

G; ibid;9 G9 CJ;

GC; See p; @ be&ow;

H; See be&ow9 pp;Mo;

G; Introduction9 HC;

GCC; ibid;9 vn9 GCZ its chair of &aw ; cf; Q?9 @HY;



was once occupied by the ShaR+i

aster urisconsu&t ad4Kari8i

(d;@J=CY!;

HH; -or *adr+s fu&& nae9 see

*idaya9 xi9 @J@, Nasir ad4Kau&a

@; See Insdf9 vn9 JY;

M; -IT9 GH4G G9 and-ITQ9 G4GJ;

J4 -"9 in9 @ (n4GY!;

Y; See-S9 GG9 G@ (G4!;

; See Spain9 GJ@4;

Abu J n4 Na *adr b; "asanawaih Santi&&ana (Istituti9 n9 MMM! is4

b; a&4"usain a&47urdi; The pro4



ta8en&y p&aces the ShafVis in the

vinces under his urisdiction inc&uded sae category as the Qa&i8is9 a8es

a&4?iba&9 "aadhan9 Kinawar9

*uruird and Asadabad9 aong

others;

the "anaRs the on&y schoo& perit4

ting the founder to reserve to hi4

se&f the adinistration of the wa6f9

HG ; -or detai&s9 see Qunta:a9 vii9 and says nothing of the "anba&is;

G4;

H; ibid;9 vn9 (J4Y! Z see a&so

Shadhardt9 in9 GM (G4!9 based on

Ibn a&4?au:i+s Shudhur a&4u6udE



*iddy a9 xi9 @JM (GH4G G! where the

text reads as fo&&ows, +aara R

aiyaihi ina %4asaidi wa

+G48hanati a yun&fu c a&a a&fai

; cf; Nishwdr9 G9 G4@H;

C; Wa6f9 H;

@H; -IT9 iv9 n;

@G; -or other obects of wa6f9 see

the section above on typo&ogy of

institutions9 passi;

@; QLV9 HC;

@@; Qinhd9 GY, wa4&aui +6tasara

asidin wa48han (he bui&t during 0a&a +wa6ftu+ fa +G4a:haru but&anuh;

his adinistration by way of asids

and 8hans a nuber of the we&&

above two thousand!;



H@; Qunta:a9 x9 @Z QIL9 JM;

HM; Qunta:a9 viii9 GJH (G4H!;

HJ; T*9 index9 s;v;

HY; cf; Ibn 0A6i&9 GCY (Isfara +ini9

d;MHY=GHGY!Z ibid;9 G (Kaaghani9

d;M=GHJ!;

H; See QIL9 esp; @ i;

H; On the Qadrasa Ni:aiya

and its Rrst professorships9 QIL9

@G4M;

HC The innovations of *adr and

Ni:a consisted9 not in the institu4

tions they founded9 but in founding

the on such a wide sca&e;

@M; ibid; , idha a+a aidun fa46ad

wa6aftu (when aid coes I sha&&

institute this wa6f!;

@J; ibid; , wa4&au wa6afa bi4

sharti +G48hiyari bata&a >&a4+s4sahih;



@Y; ibid;

@; ibid;

@; ibid;9 GM;

@C; cf; Wa6f9 H; Qore on this

be&ow9 p; M9 when dea&ing with the

cy pres doctrine;

MH; Q?9 @HM;

MG; Qunta:,a9 x9 J;

M; ibid;9 viii, ta:ahara +n4nasu

bi J &4awa&;

M@; See Ta&bis9 GG;

MM; This was true not on&y of the

@x

Qidd&e



exa

Notes and /eferences to pages MH4MC

ces YY9 Insdf9 YY4;

i&so in Y; ibid;9 Y;

odern ties; A; A; A; -y:ee writes Y; ibid;

fae 9 YC; -+A9 it9 @;

foundations

ents obtain property by shady

eans9 aounting to extortion and

exp&oitation+; See QL-9 @@;

MJ; $a&iphate, CJ4@H=CH4@;



MY; Nishwdr9 G9 G4@H;

M; Qunta:a9 ix9 GC4C;

M; ibid;9 ix9 @C;

MC; 7hitat9 GG9 @Y;

JH; ibid;9 GG9 MGY (M fro botto!;

JG; ibid;9 GG9 MG G , Qasid adh4

Kha8hira;

J; ibid;9 GG9 @YM;

J@4 ibid;9 GG9 C;

JM; -or the bac8ground of this

H; i>9fo&;i@b(f-;!; n

G; See pp4M; be&ow;

; These two ters are hereinafter

used interchangeab&y9 utawa&&i

being ore fre6uent;

@; Insdf vii9 YZ Wa6f HM;



M; -A9 (botto of argin! Z

-IN9 CY;

J; Seeiv&9 G;

Y; ibid;9 YG (GJ4GY!;

; ibid;9 in9 YJ (Y4C!;

; QIL9 @M;

C; cf; his wor8 Tanbih9 G@9

is not peritted+ (&a tahi&&u

grounds

scanda& and the detai&s of the case9 +s4sa&atu R ardin aghsuba! Z for

see 7hitat9 GG9 MH4@;



JJ9 ibid;9 MH4;

JY; The Ni:aiyZ

-rench trans&ation9 see Adonition9

& 3 @@4

H; QIL9 5u;

professor9 Abu Isha6 ash4Shira:i9

refused to perfor his dai&y prayers

on the grounds of the adrasa9

because of the isappropriated the san

character of its ateria&s; These had Ah8d;

Qard



nae

not ention9 not fro the wor8 of

Qawardi

been ta8en fro soe of *aghdad+s

riverside pa&aces; (QIL9 @@;!

J; ibid;9 GG9 MH, wa4anta in

Insdf9

-IN

a



6auu

M; Apud-S9 GG9 GJ (GJ4GY!;

J; Qahud b; Sa c id b; +%bZ

A&&ah a&4"arithi9 (d;YHY=GHC!9

i&ia sari6an (instead of, sdri6un! in

sari6 wa4ghaiban (instead of,

ghdsibun! in ghasib; Wa4in

8ana +t4taharruu ina Vsa&ati

&i4a&i +asR &4>ua&9 wa4tas8hiri

+r4ria&9 fa4shai+un a8har; *i

Tafh

Ins6f9

cit;9 and Khai&9 G9 GM9 and n;;



Y; Insdf vii9 Y;

; -(t9CH;

; -A9 G (argin!;

+&&ahi +arrifni9 fa4inni ghairu c ariRn C; An6arawi uses both ters9

an inhu &a yas&u8 R a+a&ih& na:ir and utawa&&i9 for the post of

hadha +s4sabi&Z ghaira anna ba 5 4

I

trustee;

dahu a:&au in ba d;

0



J; On hi see 2an8u

JC; See Kdris9 G9 YGM (4GH!;

YH; -or ore detai&s9 and for Ibn

s<4

?

Qu

SuR

Y; ibid;9 @M;

Y@; ibid;

YM; ibid;9 MH4G;



CH; -A9 @;

CG; ibid;9 @;

C; -[9 @H;

C@; -S9 GG9 GJHZ Insdf vii9 Y;

CM; -/9 G;

CJ; ibid;9 Y4;

CY; -IT9 iv9 ;

C; -ITQ9 xxxi9 Y4C, innaa

dha8a ta8hyiru as&aha9 &a

ta8hv&ru shahwa;

YJ; ibid; , fa4+a&aih& an &a ya8h&i4 C; Insdf9 vn9 J;

taha ; ; ; wa4i&&a ; ; ; ara +G48u&&u

haraan



CC4 -"9 in9 CH (u&t;!4gi (G4@!4

@HH; -IN9 C;

Notes and /eferences to pages MC4YG

@ ? C

@HG0 -"9 in9 YJ (M4Y!;

@H; Qutd9 go;

@H@4 -(& f CH;

@HM; ibid;9 @H;

@HJ; -A9 Y (&ower ha&f!;

@HY; >29@H@;

@H; ibid;9 @HM;

@H; -IN9 CJ;



@HC; -A9 @4M;

the text adds, wa46a+ada &i+t4tadr&si

wa+ ri4na:ar9 (and he assued the

chair to teach &aw and disputation!;

@@; Insaf vii9 YG;

@@@9 ibid;9 vii9 YG;

@@M4 >23@@0;

@@J; Qutd9 ;

@@Y; Su&taniya9 Y9 Statuts9 GMM9

?udiciaire9 G9 JJ;

@GH; -[9 @osZ-S9 GG9 G@@Z the 6adi @@4 >29CJ;

of the town in which the wa6f is

&ocated;

@GG; Insaf vn9 YH (M4J!;



@G; ibid;9 vii9 YM;

@G@; ibid;9 vii9 YH9 YC4H;

@iM4 -[95lH;

@@; -IN9 ;

@@C4 >29CJ;

@MH; ibid;

@MG; -S9 II9 MG (u&t;!4M (G!;

@M4 -IN9 gs;

@M@; -A9 ;

@GJ; Apudrisdf vn9 YM (GC4H!, &a @MM9 -"9 in9 YJ (4@!;

@MJ; ibid;9 vn9 Y@;

yau:u &i4wa6iRn shartu +n4na:ari

&i4dhi adhhabin u+aiyanin

da+ian;



@GY; -or detai&s and the deve&op4

ent of this thesis9 see Ash+ art;

@G; -[9lo;

@MY; -ITQ9 xxxi9 YJ;

@M; -[9 C Y;

@M; Su&taniya9 9 Statuts9 GHZ cf;

AbuDa%a9 Y;

@MC; Su&taniya9 C@4M9 Statuts9 HH;

@G; [adi47han+s stateent regard4 @JH; Insaf vn9 J4;

ing a deRnite nuber of en9 a

@JG; -=>9;



coittee9 with the prerogative of @J; -[9 J, &i +G46aiyi an

appointing the utawa&&i9 is corro4 yaf a&a a _ tar8ihi 8harabu

borated historica&&y by the ear&ier

Ibn a&4*anna+ (d;MG=GHC! in his

Kiary Z see next paragraph here;

@GC See Kiary 9 G@Y, a&asu Aba

Ta&ib a8ha Na6&b an4Nu6aba+ ft

+&4audi0i +&&adhi 8ana Rhi I&yas;

+G4asid;

@J@4 -T9 GC@;

@JM; Ins6f9 vn9 Y;

@JJ; This ter a&so signiRes a

charge agreed upon for bringing

bac8 a fugitive s&aveZ it has the

@H; See Kiary9 GM, e abara 6adi eaning of the -rench for=ait9 prix



+G46udat i&a 6abr Abi "an&fa &i4

yu&isa Aba Ta&ib a8ha Na6ib an4

Nu6aba+wa4a c ahu aa+a;

@G; Qunta:a9x9 GG (M4Y!;

@; Two passages point to the

existence of a coittee of overseers

for the adinistration of a wa6f9 at

&east as regards the "anaR adhabZ

see the fatwa of [adi47han9 note

@G above9 and Ibn a&4*anna.s

stateentin his Kiary9 note @ G C

above;

@@; -S9 GG9 GJM;

@M; -ITQ9 xxxi9 YY;

@J; Insaf9 vu9 JC;

@Y; -IN9 CY;

@; Insaf9 vn9 J4C;

@; ibid;9 JC;

@C; Insaf9 YH (G4@!;

@@H; ibid;9 YH (f-;!;



@@ G ; Qunta8hab9 fo&; G a (G4G!Z

forfaitaire; cf; Supp&eent9 s;v; and

L/9 s;v;

@JY; In Kurar9 iv9 @@@;

@J4 -S 9GG9 J;

@J9 Insaf vn9 YJ (G4G@!;

@JC4 -[9 @H , a:a9 wa4yabra+u

c ani +d4daan;

@YH; ibid; , &au 8ha&ata in

a&ihi ith&a ti&8a +d4darahii bi4

darahii J &4wa6f9 8ana dainan &i

+G48u&&;

@YG; -"9 in9 YY (4G!;

@Y; cf; p;J above;

@Y@; Insaf vn9 Y;

@YM; ibid;

@YJ; -IN9 CY;



@YY; -"9 in9 (G4M!;

@Y; ibid;9 in9 YC (Y fro botto!4

H(G4!;

@Y; -IT9 iv9 4CZ -ITQ9 xxxi9

@H

@YC; See -S9 n9 MJ4;

@H; -IT9 iv9 io<iiZ-ITQ9 xxxi9

G4GJ; P

@G; Insdf9 vn9Yg;

@4 -==9 in9 JC (GH4GJ!;

@@; Insdf9 y GG9 YY;

@M; See his Ta&bis9 GG;

@J; -==9 @ (&ower third!;



@Y; ibid; , see a&so IhydE GG9 IJi9

and the coentary in Ithdf9 v G9

i JM ;4 0

@; cf;-S9 GG9 JJ;

@; iW9;

Notes and /eferences to pages YG4J

MHY; --9 fo&;Jb;

-ITQ9

@H; -[9@io;

@G; -IT9 iv9 G;

@; -ITQ9 xxxi;

@@; rss9 v9 J@ (M34

@M; See9 for exap&e9 -== ,

(M4GG!;



@J; ->9 YZ- e >&9 GG9 @HJ;

@Y; Insdf9 vii9 J@4MZ a&so i

MH; -=T9 iv9 ;

MH; >9J;

MHC; -N9 ;

MGH; ibid;9 @H;

MGG; -ITQ9 xxxi9 HY4;

MG; -"9 in9 MH (GJ4!;

MG@; ibid;9 in9 YH (G G4GJ!9 and

Y;

MGM; -IN9 CM;

MGJ; -"9 in9 (&ower third! ,

idha +ndarasa shartu +G4wa6if9 u+i&a

bainahu bi +s4sawiya;

MGY; ibid;9 in9 Y (GC4M!;



$hapter

Instruction

GGG9Y G; AtibbdE;

; ibid; Ibn *ut&an naes seven4

teen inte&&ectua&s9 c&assifying the

+==9 in9 under the three divisions9 Rve for

JY (u&t;!4J (G4! Z --9 fo&;@CbZ -T9 each of the Rrst two9 and seven for

fo&; Ca Z-=TQ9 x

iv9 C;

@; --9 fo&s;MMb

@; Insdf9 vii9

@H; -ITQ; xx 3

IT9 the third9 as fo&&ows, a&4Aa&& a&4

Qurtada (see Ibn x A6&&9 @ and n;

for bib&iographyZ b; @JJ=CYY9>;M@Y=

GHMJ! Z Abu J G4"usain a&4*asri (ibid;9



GG n; MZ d; M@Y=GHJ!Z Abu +G4"asan

-IN9 a&4[uduri (ibid;9 GY and n;Z

CM4

@CG; Ibn Taiiya+s opinion here

sees to be in con_ict with the

d; M=GH@! Z A6da +G4[udat a&4

Qawardi (ibid;9 G and n;MZ

d;MJH=GHJ!Z Abu (not, Ibn!

previous one on p; YY be&ow9 where +t4Taiyib at4Tabari (ibid;9 H and

priority was given to sta over

students; *ut the facts of the forer

case ay not have been stated fu&&y;

@C; Insdf9 vu9 YM4J;



@C@; ibid;9 vii9 YJ;

@CM; -/9 G@Z -LQ9 fo&;YYb;

@CJ; -A9 @J (antep;! , fa4&a

n;MZ b;@M=CJC3 d;MJH=GHJ! Z the

foregoing inte&&ectua&s be&ong to the

obvious division of the Is&aic

sciences which Ibn *ut&an &eaves

unidentiRed; The fo&&owing

inte&&ectua&s are &isted under the

+Sciences of the Ancients+9 +u&u a&4

ya+8hudhu ina J &4wa:ifati shai+anZ 6udaa+, Abu c A&i b; a&4"aitha

and ibid;9 (&ine J fro botto! , fa4 (d;M@H=GH@CZ see )AL9 G9>MYC9 Supp&;

&a ba+sa &ahu an ya+8hudha

un



a&&u

@CY; -79 fo&;i @ b (;!;

@C; -79 fo&;i@a (@;!4i@b (!; Supp&; G9 M!; The &iterary arts9

G9 JG! Z Abu Sa+id a&4VaaiZ Abu

EA&i b; as4SahZ Sa0id at4TabibZ

Abu J G4-ara +Abd A&&ah b; at4

Taiyib9 (d;M@J=GHM@Z )AL9 G9 MZ

@C; See -S9 i9 MJ4;

@CC; ibid;

MHH; ibid;9 GG9 J (G4!;

MHG; Insdf vi G9 J4C;

MH; ibid;9 vi G9 J@4M;

MH@; ibid;9 vi G9 J@4M;



MHM; --9 fo&s;Jb4Jga;

MHJ; -A9 @J;

under which the fo&&owing inte&4

&ectua&s are &isted9 are ca&&ed 0u&u

a&4adab wa4adab a&48atib9 0the

&iterary sciences and the art of the

secretary+, 0A&i b; +Isa ar4/aba+i

(d;MH=GHCZ see )AL9 Supp&; G9 MCG9

and Qunta:a9 v9 MY! Z Abu

+G4-ath an4Nisaburi Z Qihyar ash4

Notes and /eferences to pages Y4CY

@G

Sha+ir (Ibn 0A6i&9 MHG n;9 d;M=

GH@!Z Abu +&4+A&a+ b; an4Na:i8Z



; Khai&9 @G Z Khai& (-!9 i l GC@;

; See a&so Ibn 7 A6i&9 @9 n;i;

Abu A&i b; a&4Qusi&aya (QuntaBa9 C9 Irshdd9 xvi9 @M4J;

vni9 CHZ d;M=GH@Y! Z ar4/a+is Abu @H; ibid;9 8v9 C;

+G4"usain (not, "asan! as4Sabi (Ibn

7 A6&&9 GJ and n;Z b; @JC=C Y C3

Qunta:a

&a

d;MM=GHJY! Z Abu VA&a+ a&4Qa+arri9

(d;MMC=GHJZ )AL9 G9 @JY9 Supp&; G9

MMC9 Qunta:a9 viii9 GM4!9

@; Irshdd9 v9 G@C;

M; Wafaydt9 GG9 GHM;

J; Irs had9 ]VI I9 GM;



Y; See pp; YJ4Y be&ow;

; )AL9 two vo&ues and three

vo&uinous Supp&eents;

; )AS9 severa& vo&ues;

C Kdris9 G9 9 , yata8a&&au +a&a

+G4hadithi bi4ta&ain au+in in @Y; ibid;9 GMJG4;

yanfu6 i&ia f a&a +G4uhhaL

@; Irshdd9 xv9 JC, yanbagh& &i

+&4+a&ii an ya8una +indahu 8u&&u

shai+Z fa4inna &i48u&&i nau+in

ta&iban;

@@9 See his biographica& notice in

AtibbaE Y@;

@M9 No doubt the one by Ibn

[utaiba9 -or other wor8s by the

sae tit&e9 see 7ashf9 MYC4H;

@J; ibid;9 G G4G@;



+u&uin shatta ina +t4tibb9 wa

+G4fa&safa9 wa4 c i&i +G48a&a ; ; ;

wa4+i&i +G4Awa+i&;

GH; Nu:ha> >s;

@; See +%nwdn9 G G4G9 GC9 C;

bn -ad&an9 ?aa& ad4Kin Abu

4[asi Dahya b; c A&i b; *ara8a

(d4JCJ= G : CC!3 urisconsu&t9 professor

G G ; ibid; , an4nahw a+6u&un in of &aw9 was especia&&y 8nown for his

expert 8now&edge of dia&ectic and

disputationZ see ibid;9 G G4G9 and

Kdris9 G9 ;

@; ibid;9 Y;

@C; "ere the biographer 6uoted a

&etter he sent to c Abd a&4Latif9 and a

&etter fro the &atter to the bio4

grapher+s fatherZ see ibid;9 YCH4G;



MH; Qunta:a9 x9 @ (4G! Z on

&ine G G9 read e yadurru c a&aiya+9

instead of the anuscript+s +yadri

c a&a+!;

an6u&9 8aa anna J &4R6ha

a+6u&un in an6u&;

G; 7ashf9 G9 G G;

0@4 -"9 in9 JM (M4J!;

GM; ibid;9 in9 JM (GJ!;

GJ; 7ashf9 G9 @;

GY; ibid;9 G9 @;

G; See Irshdd9 xvn9 @HM;

G; Apud ibid;9 xv GG9 G@C4MH;

GC; Qunta:a9 vn9 4C, wa4

yahduru +indahu +sh4shai8hu

+&48ab&ru wa4dhu +G4haiba9 fa4

yu6addiu c a&aihi +G4hadatha not,

a&4had&tha &i4a&i sab6ih;



H; ibid;

G; Wafaydt9 GG9 @J;

; Qunta:a9 x9 @;

@; Shadhardt9 in9 @Y@ , Abu

Mi

Qus&i

o;

Quashi

HH;



M; )AL9 G9 @9 Supp&; G9 YYC9

■Shdi+iya wa"4"anaRya

8hi&df

dhi8ri "4adi&&a &i48u&&i uhia (s; in JH; --9 fo&;Moa;

(d;MHY=GHGY! seated his students

according to their 8now&edge regard4

&ess of ageZ ibid;9 vu9 4C;

M; -unun9 H;

M@; Wafaydt9 GG9 @GJ;

MM; AtibbdE MY;

MJ; Wafaydt9 in9 ;

MY; -S9 GG9 Y4@ and GY4;



M; -"9 in9 J@4J;

M; -IS9 fo&;Ya;

Qunta:a9 x9 GMM;

$airo!;

J; Khai&9 G9 @o;Z Khai& (-!9 G9

ig; , wa46ara+a +G4fara+id9 wa

JG; Kdris9 G9 GCM (GY4G!;

J; Irshdd947Vii9 G;

Q; -ITQ; xxxi; H[;

J &4hisab9 wa +G4abr9 wa +G4u6aba&a9 JM; -IS9 fo&;YYa;

wa +G4handasa9 wa4bara+a R dha&i8 Z JJ ; -/9 fo&; G o G a4b;

Qunta:a9

Y; G9 YG9 Y;



JY; --9 fo&;Mb;

J4 7ashf9 @C;

@

J Irshdd9 xvii9 @HY;

JC; Khai&9 G9 G (G@4GM!;

YH; ibid;9 G (GG0G!; ;

YG; Wdfaydt9 GG9 MH4; "e passed

his Rrst ten years with Qa&i8 as a

student9 but apparent&y not as a

fe&&ow (sahib!;

Y; ibid;9 in9 @;

Y@; Khai&9 G9 G (4C!9 apud a&4

[adi Abu +G4"usain b; a&4-arra+9

son of Abu Da f &a;

Notes and /eferences to pages CY4GH@



7

V9

C; Irshdd9 GG9 GY@;

CH; TSS C iy9 GH@ (g;!4

CG; Qunta:a9 ix9 GYH;

C; ?awdhir9i9 G;

C@; Qunta:a9 x9 GMHZ 8ana

uiyan &a ya8tub;

CM; Khai&9 G9 @JC4YH, 8ana

ta+&i6uhu +G48hi&afa e a&a dhihnih;

CJ ; The -atiha9 Rrst chapter of

the 7oran9 is coposed of seven

short verses9 recited by a Qus&i as

s



v

ft0

0M0

> 4

i

YM; ibid;9 G4@9 according to Ibn easi&y as the Lord+s prayer is recited

+A6i's autobiographica& notes;



YJ; Qunta8hab9 fo&;ib and

Ansdb9 s;v; +Arghiya+ (and in the

edition of "yderabad9 G9 GY!;

YY; Wafaydt9 G9 M4;

Y; Irshdd9 v9 GH9 Qa+un+s

ca&iphate, GC=G@ to G=@@;

Y; TSS C in9 G4G@;

YC; Qunta:a9 vin9 GC;

H; Lands99 M@G;

G; Qunta:a9 x9 G;

; On Ibn *anna @ 9 Kiary9

Introduction;

@; Wafaydt9 G9 GH;

M; Qunta8hab 9 fo&;@Ya (GC4H! Z

Ibn 0A6i& C HM4Y;

J Waft9 G9 G@ Z for Ibn /a::a:9

see QIL9 M@;

Y; Qunta:a9 x9 @Z QIL9 JM;



; Qunta8hab9 fo&;iMJa;

; Wafaydt9 GG9 @HH;

C; ibid;9 in9 @M4J;

H; ibid;9 in9 G CH4 G;

by a $hristian; On a:4ahir9 see

Irshdd9 vin9 GHG;

CY; Kurar9 G9 GYH (GM4GY! , a

ra+aitu asra+a +nti:a+an &i +G4ayati

+d4da&&ati e a&a J &4as+a&ati +&&ati

yuriduhu inh9 wa4&a ashadda

+stihdaran &i +G4utuni wa4 e a:wiha

inh Z 8a4anna +s4sunnata nusba

+ainaih9 wa4+a&a taraR &isanih; Ibn

Taiiya was iprisoned and writing

ateria&s were ade scarce for hi;

It appears that he wrote his auto4

graph treatise on istihsan without a

&ibrary9 whi&e in prison; See

Istihsan9 in AIS)9 MMY4C;

C; Kdris9i9 GY@ (G@!;



C; Kurar9 iv9 GHC, 8ana 8athira

+&i +stihdarZ cf; Shadhardt9 vi9 M;

CC; Koris9 G9 G@4M;

GHH; Qunta:a9 x9 GYY, 8ana

ahfu:uhu 6a&i&an9 fa48ana

yuraddidu a yahfa:uh;

G o G ; See p; G C be&ow;

G; ibid;9 v9 GCM4; O n the trave& GH; Khai& ('!9 fo&;iJa, &a ya8un

of Spanish Qus&i scho&ars for study yaf hau shai+an;

to the Qus&i 1ast9 see the forth4

GH@; Irshdd9 xix9 JG;

coing 'h;K; Thesis (%niversity of GHM; -a6ih9 MMH4G =ii9 GHH;

'ennsy&vania9 Orienta& Studies! of GHJ; ibid;9 MM4@ =n9 GH G (Y4!;



Qichae& Len8erZ on education in

GHY; ibid;9 MMJ4Y=G G9 GH@4M;

tenth4century Qus&i Spain9 see the GH; ibid;9 MM=GG9 GHM;

GH; ibid;9 MJH=GG9 ioY$ Z 4>

GHC; ibid;9 MJ i; =i G9 iH;

no; Qunta:a9 ix9 ( ig;! , 8ana

forthcoing 'h;K; Thesis of 7ay

Qc7ay4"ei88inen ("arvard9

/oance Languages!;

; *iographica& notice in ibid;9 G9 yu c idu +d4darsa ft bidayatih& i+ata

; , he was 8i&&ed by a&4"aa;

@; See Wafaydt9 in9 @Y;



M; ibid;

J; Wafaydt9 GG9 I@Yf;

arra;

in; ibid;9 ix9 GY (GH4G! , 8ana

yu+idu +d4darsa ft +btida+ihi bi4

Qadrasat N&sabur +a&a 8u&&i

Y; Nishwdr9 iv9 MY4Z Qunta:a9 ir6atin ; ; ; arra9 wa4+8anati

vii9 J;

; ibid;9 vn9 G@;

; Nishwdr9 iv9 GGZ Qunta:a9

vi9 @G;

+&4ara6& sab c in;



G G; ibid;9 x9 GM@, idha &a tu+idi

+sh4shai+a 8has&na arratan &a

yasta6irra;

Notes and /eferences to pages GH@4 G GJ

@@

GG@; ibid;9 ix; G (;! , 8untu

a8hudhu 9 &4u8htaarati ; ; ; fa4

an:uru R +G4u:+i wa4u+iduh9 wa4&a

a6uu i&ia wa46ad haR:tuh;

GGM; TSS9 iv9 GH@Z cf; p; G HH above;

GGJ= Irshdd9 xviii9 J;

GGY; $ited in ?dVdt y GH;

GG; AtibbaE YCG , wa4idha 6ara+ta GMJ9 ibid;9 GG9 HC;



8itaban fa4+hri 8u&&a +G4hirsi c a&a an GMY; ibid;9 GG9 @HZ Qu6addia9 @Z

tasta:hirahu wa4ta&i8a a+nahZZ Kia&ecti6ue9 G GC; -or anuscript

TSS y GG9 iYf-;9 and Shadhardt9 in9

JG4;

GMG; ibid;9 C;

GM; ibid;9 CM;

GM@; TSI79 fo&;MbZ a&so9 Qunta>a y

GMM; ?awdhir9 G9 @@C;

wa4tawahha anna +G48itaba 6ad

c adi9 wa4anna8a ustaghnin

0anhu &a tah:anu &i4fa6dih;

GG; See LL and Supp&eent9 s;v;

dhd8ara;

GGC; Ir shady GG9 G@4M;

GH; ibid;9 xyn9 Y9 where another %niversity9 Arabic s; GM;



copies of at4Tar&6a ar4/adawiya in

$airo and Qunich9 see )AL3 G9 @J9

Supp&; G9 YMG;

GM; Arabic s; 2ahir&ya Library9

Kaascus9 usu& a%x6h9 9 CZ and

)arrett $o&&ection9 'rinceton

udhd8ara o2poetry is cited;

GM; Wddih y G9 fo&9Yia4b;

GG; ibid;9 xviii9 JY, 6ad dha8ar4 GMC; Irshdd9 xi9 M; The text here

tuhu fa4aghrabtu +a&aih& 8hasatan is ade c&ear by the use of the word

wa4thaana had&than9 wa4

aghraba +a&aiya thaaniyata

e ashara had&than;

shahna+ (hatred9 enity9 rancour!



and the context in genera&; Ibn a&4

e Arif9 on hearing that Abu +&4EA&a+ +s

G9 ibid;9 xviii9 JZ a&so9 ibid;9 GG9 boo8 a&4-usus (ges9 precious stones!

GM4@;

G@; Qunta8hab9 fo&;Yb, Abu

Qas+ud ar4/a:i ; ; a&4udha8ir

bi4ghara+ibiha (that is9 ghara+ib

a&4hadith!;

GM; Wafaydt9 G9 GC4H, ahfa:u

sab+ina a&R had&th9 wa4udha8iru

bi4i+ati a&R had&th;

GJ; -a6ih9 M4C= GG 9 G (@4M!;

GY; ibid;9 MC=GG9 G (G@!; The

fe&& into the sea a&ong with the page4

boy who was carrying it9 6uipped

in a verse that such is the case with

anything heavy (tha6i&! ; ; ;9 it sin8s,



6ad ghasa R +G4bahri 8itabu G4

-usus=wa4ha8adha 8u&&u tha6i&in

yaghus; The word heavy eans a&so

du&&9 s&ow4witted; Abu V A&a+ +s

retort was that the boo8 sip&y went

bac8 to its p&ace of origin (a+din!9

assuption here is that the student where a&& pear&s are found (0ada

writes fro eory on&y when he

i&a a+dinihi innaa=tuadu R

8nows the text perfect&y9 chec8ing it 6a ri +G4bihari +G4fusus! Z ibid;

afterwards;

G; ibid;9 MH=GG9 G (!;

G; Irshdd9 xvii9 @G@;



GC; Shadhardt9 G9 MY, &a ya8un

&a4hu 8itab9 fa +dtaraba hadithuh;

G@H; Qunta8hab9 fo&;i@Ya;

G@G; ibid99 fo&;i@a (G!;

;G@; Nishwdr9 iv9 M;

G@@; Sahdba9 GJ0 cited in Origins9

CJ4

G@M; $a&iphate , CC4 G o G = G 4H;

G@J; ibid;

G@Y; T-S9 G Z ephasis added;

G@; ibid;9 GC (J!;

G@; ibid;9 @M (!;

G@C; ibid;9 (iMf-;!;

GMH; ibid;9 CG4Z for ore detai&s

and the correct date of death9 see



GJH> Nishwdr9 GG9 @@Z Irshdd9 xi9 @;

GJG; ibid;9 iv9 GMM4J;

GJ; AtibbdE GY (C!;

GJ@; 7ashfy G , 0i& a&48hi&af9 wa4

huwa +G4ada&u +&&adhi huwa 6isun

ina +G4anti6Z i&ia annahu 8hussa

bi +G4a6ayisi +d4diniya;

GJM; -or ore detai&s on 6ara0a9 see

be&ow9 $hapter in9 under Shai8h

a&46ira+a;

GJJ; 1ach of the two periods did

not dea& exc&usive&y with one set of

ateria&s Z the undergraduate was

introduced to disputation and the

disputed 6uestions9 and the graduate

continued to concern hise&f with

the basic princip&es of his schoo&;

GJY; Wafayat9 G9 @J4C4



@M

Notes and /eferences to pages G GJ4 G H

Qunta:a

GJ; ibid;9 vi9 @JH (G4G!;

GJC; Apud Khai&9 G9 GHC (GM4GJ!;

&& C @JJ4YZ discip&e of Ibn SuraiZ

&eading ShaR4i urisconsu&t of his

day Z high&y successfu& professor of

R da6a+i6i +n4nahwi bi4aa&isi

+n4na:ar9 wa4yunbitu +G4asa+i&;

yata8a&&au &awZ but nothing is said of his



activity with regard to ta+&i69 or the

e&aboration of disputed 6uestions;

GYG; Shadhardt9 G9 Y, ha&6atun ;;; G; Wafayat

&i +G4fatwa wa +G4una:ara9 wa48ana G9 ibid;9 G9 @J4CZ see a&so T-S9

; ; ; yu&6i asa+i&a +G48hi&aR darsan;

GY; These wor8s usua&&y referred

to 6uestions put to urisconsu&ts by

Qus&is as8ing for &ega& opinionsZ

such 6uestions were often the

occasion for disputation aong

urisconsu&ts;

GY@; See be&ow9 pp; G f-;

GYM; 7ashf9 G G G@9 s;v;

GYJ; AtibbdE MH;

GYY; Tenure, JCY4YG=G GCC4GHZ



see )AL9 SuppL G9 CG;

GY; Khai& (-!9 GG9 @GM (GG!;

GY; 7ashf9 G9 M;

GYC; Qethod9 YJ@4M;

CM

7itdb fE

Quharrar fE

Wafayat

see a&so p; G G be&ow;

GCG; Qunta:a9 vin9 J (Y!;



GC; ibid;9 vin9 iJ,sannafa

ta+&i6atan ashhura Z ?awdhir9

M;

GC@

Qunta:

Wafayat

sahibu +t4ta+&i6a; -or a notice on the

father9 see ibid;9 vin9 G;

GCJ; T-S9 GH, wa4&ahu 0anhu

ta+&&6atun tunsabu i&aih (*andanii

GH; Khai& (-!9 i9 @JG (Y4! , c a&&a6a has a ta+&i6a which is attributed to

+anhu in ta+&i6i Ab&4&4-ad& a&4



7irani;

GG; Apud Shadhardt9 iv9 M;

G; ibid;, wa4&ahu ta+&i6atun

uatu +&4a c arif;

G@; Khai&9 GG9 @C (G4!;

hi produced under the direction

of a&4Isfara+ini!;

GCY; ibid;9 GHC, wa4&ahu j anhu

ta+&&6a;

GC; In the $o&&ection of Ahet

in9 no;JH9 entit&ed at4Ta0&i6a a&4

GM; Ta+&i6 is the inRnitive noun9 8ubrdZ see Ibn +A6i&9 HM and n;;

asdar9 of the verb e a&&a6a9 signify4 TSS9 in9 GCJ9 has excerpts of it;

ing the activity itse&fZ ta+&i6a9 a

substantive9 signiRed the product9

i;e;9 the notes9 the treatise;



GJ; Khai& (-!9 G9 @JG (! , wa4

haR:a 8athiran in asa+i&i

+t4ta+&&6;

GY; Khai&9 G9 GM@4M;

G; Wafayat9 GG9 @MG4@;

G; T-S9 GHJ, hadartu a&isahu

wa4+a&&a6tu c anh;

GC; Shadhardt9 in9 M4J;

GCC; ibid;9 in9 C;

HH; Shadhardt9 in9 @GH;

HG; On Shira:i+s ta+&i6a9 see the

stateent of one of his discip&es9

Abu c A&i a&4-arisi9 cited in

Qunta:a9 x9 @ (G4G@!; On

Shira:i+s teachers9 see9 for *aidawi9

T-S9 GHJZ for Quhaad ash4

)handa



GC; ibid;9 GG, huwa auwa&u an ibid;9 GG@; On Shira:i9 see Ibn & A6i&9

+a&&a6tu +anhu bi4-iru:abad;

GH; ibid;9 GG@, c a&&a6tu +anhu

bi4Shira: wa4)handaan;

GG; Apud Shadhardt9 in9 @M,

+a&&a6tu +anhu +G4R6ha sin&n;

HM9 and n;M for bib&iography9 and

on his teacher Tabari9 ibid;9 H

and n;M for bib&iography;

H; See pp; G G4 be&ow;

H@; Khai&9 G9 CM;

G; cf; be&ow9 p; GM9 the anecdote HM; See n; be&ow;



in the biographica& notice of Shas

ad4Kin a&47ufti;

G@; Qunta:a9 vi9 GMC4JH;

GM; Wafayat9 in9 @@M4J;

GJ; ibid;9 G9 G4C;

GY; On Qarwa:L see Shadhardt;

HJ; 7ashf9 GH9 s;v; =

HY; ibid;9 M@;

H; *y Quhaad

Kaascus9 G @CH=GCH;

H; Qunta>aBn9x9 G@9

HC; 7ashf9 G9 MM;

Notes and /eferences to pages GH4GJ



@J

5:io; ibid; , it has a coentary by

Ta6i ad4Kin Abu +G4-ath9 who was

8nown as a&4Qu+ta::;

GG; The introduction is trans&ated

in section e; be&ow;

G; ibid;9 MM;

G@; Khai& (-!3u9 Y (G!;

GM; Tardi9 M;

GJ; Khai& (*!3 s;v; ta&i6a;

GY; Kdris9 G9 YG; Ta c &i6as were

written throughout this period and +n4nahw9 fa4ya&hanu &ahnan

beyond itZ they constitute a genre

@@; Shadhardt9 G9 GY;

@M; TNi , 8ana 7itab Siba4

waih yuta+a&&au inhu +n4na:aru



wa +t4taft&sh;

@J; Shadhardt9 G9 J4Y;

@Y; ibid;9 I9 ;

@; Nu:ha9 @;

@; Inbdh9 GG9 @G@;

TN

MM

of &ega& &iterature that deserves

onographic study;

7ashf9



M@4

G; ibid;

fahishan;

MG; Inbdh9 GG9 @CZ ibid;9 GG9 C;

M; ibid;9 G9 GH;

M@; Inbdh9 G9 GH;

MM; W29 @C4MH;

MJ; Inbdh9 in9 @JZ Shadhardt9 in9

Shadhardt

Oadi



G;

TN

R 8hasina ua&&adan dha8ara

R4ha 8hi&afa +&4+u&aa+i wa4

a6wa&ahu wa4a+a8hidhahu

wa4una:aratihi ; ; ; R udati

+G4R6hi wa4husni +n4na:ar;

H; 7ashf9 G9 M@;

G; Irshddy xiii9 G4;

M; See note H be&ow;

M; ibid;9 GC4@H;

MC; Inbdh GG9 CJ4Y;

JH; Inbdh y GG9 @ , &a ya8un &i

+&4+Abdi ; ; ; anasatun bi4shai+in

ina +&4+u&ui +G46adia;



JG; ibid;9 in9 CG and G@;

Qu:aar J; ibid;9 GG9 @C;

written in J@; ibid;9 G9 GJH;

refutation of the "anaR urisconsu&t JM; ibid;9 in9 J;

Sa

ad4Kabusi (d;M@H=GH@C!9 and

entit&ed a&4Isti&dR +r4radd +aid A5

Rid ad4Kabusi not extantZ 7ashf3

GH9 s;v; Isti&d;

@9 As+ad a&4Qihani9 ShaR+i

urisconsu&t9 professor at the

Ni:aiya of *aghdad; See p; GH

above;



Ai&i

Qunta:a

Na:i=

?au:i cites this wor8 and i

see a&so p; GH above;

J; See p; G H above , an

ta&i6 ash4Sharif by the "a

)hu&a Ibn a&4Quna;

Y; cf; Qu+a&&afdt9 @C4MH;

; cf; ibid;9 C and G;

; cf; ibid;9 G@4M;

C; *dy s; 7opru&ii9 fo&;iga9

and s; a&4[adir&ya9 fo&;ia;



@H; Khai& (-!9 n9 MH (M! , wa4

huwa ta+&&6uhu R +G4R6hi 8abir;

@G ibid;9 MG (G! , wa4hiya

+t4ta0&i6atu +G4wusta;

@ ; ibid; 9 M G ( G 4 G C! , wa4hiya

+t4ta+&i6atu +s4ughra;

7ashf9

JY; Khai& (2!9 GG9 YM;

J; Inbdh9 GG9 CJ4Y;

J; 7ashf9 GYYC;

JC; )AL9 Supp&; G9 MCJ4Y;

YH; ibid;9 G9 J and n9 GYYC;

YG; See )AL9 Supp&; G9 MCM4JJ f ^ r

the fourth cited wor89 see 7ashf9

JHH;

Y; See p; C above;

Y@= Nu:ha y JJ, fa4inna bainahua



ina +G4unasabati a &a ya8hfaZ

&i4anna +n4nahwa a+6u&un in

an6u&9 8a4a anna +G4R6ha

u+6u&un in an6u&Z wa4ya+&au

ha6i6ata hadha arbabu +G4a+rifati

bihia;

Wafaydt

assii&ated

graatica& science to &ega& science9

on the basis that both were rationa&

8now

&edge (a0 6ui in an6u&!;

YJ; Tardi9 GJ;



TQIQ;

yusannifa

@Y

8a&a

yu+a&&a69 8aa

Y; See p; G @ be&ow;

YC; TQIQ9 GGY



!YZ)AAN9 GH9

no; G G (G! cites this wor8 in Latin

trans&ation as fo&&ows , 1xp&oratio

accurata dis6uisitionu edicina&iu de

6uaestionibus controversis vere cognos4

cendis9 ad ratione controversaru

?urisconsu&toru instituta Z see Qethod9

YJC9 and notes C@ and CM;

G; See Qunta:a9 ix9 GY4C,

dafanta wa4ana haiy P ha&&a

sabarta hatta autP

; a&4Qan8hid9 JHM9 &ast para4

graphZ see p; MM be&ow;

@; cf; $hrono&ogie9 C (no;!9 and @

(GGH;JC! Z a&so $hrono&ogy9 Y and

@;

M; Shadharat9 iv9 GG (GH!;

J; See n; G above;

Y; The biographica& notices of

the ear&iest transitters of hadith



Notes and /eferences to pages G Y4 G @M

; See Suhba9 G@;

@; Qunta:a9 x9 G G@ (C!;

M; ibid;9 x9 G@H (C!;

J; It wou&d see that this &ast

tit&e deve&oped into an e&ected post9

at &east in Nishapur9 a post which9

&i8e that of 6adi or udarris9 had

its niyaba9 substitute; 0Abd a&4

)haRr a&4-arisi9 in his Qunta8hab9

fo&;a9 wrote of Abu Sa d ash4

Shaati (d;MJM=GHY! as having

been e&ected by the Shai8hs of

Nishapur to the post of Substitute4

/a+Is (i8htarahu +G4ashayi8hu

&i4niyabati +r4riyasati bi4NIsabur;!

-ro about the year M@H "; and

into the MMH+s9 [adi +G4[udat Abu

Nasr Quhaad b; Sa id (d;M=

GHC! was the /a+is ar4/u+asa+ in

Nishapur; "e 8ept that position

unti& he was accused of undue

partisanship in favour of his own

schoo& of &aw; It wou&d therefore



see that the ho&der of such a post

0

abound with the phrase &ahu suhba9 had to be above petty partisanship9

eaning that the biographee +had since9 as it wou&d appear> he had to

copanionship+ with the 'rophet

(see LL9 s;v;!; A copanion of the

'rophet was coon&y referred to

as a sahabi (pi; sahaba!; A sahabi YJH>MJ;

represent en of &earning of a&&

adhabs;

o_R ShndhnraL T; C[[P cf; Qethod9

was a discip&e of the 'rophet9 and

sahib was the ter app&ied to a

discip&e of a aster uhaddith; *y



extension the ter was used in other CH; T-9 GM;

Is&aic Re&ds of 8now&edge9 HG; Qunta:a

; Ishad9 ]VIII9 GCG (sV!;

; Shadharat9 in9 (iM;!

C; $a&iphate, GH4C@=Y4HC;

ysticis (tasauwuf! and &aw

(R6h!;

; TQIQ9 , fa4sa+a&ahu Abu

+&<"usain (a&4*a&8hi! an &a yafa&9

&i4annahu 8hafa an yunsaba i&a Abi

j AGI (a&4?ubba+I!;

; On the &icentia docendi9 see

Liceniia9 JJ4;

C; See his Kocendi9 G4C;



H; TN9 @ Y , nahaa &ahu

sabi&a +n+na:ar9 wa4a&aahu

bi4a c a&aihi ah&u hadha +sh4

sha+ni R +G4ashri6 ini +sti6sa+i

+G4fanni bi4wuuhih9 wa+stifa+ih&

0a&a hududih9 wa4annahu bi4

dha&i8a +staha66u +sa +r4riyasa;

G; Shadharat9 n9 @GJ, a +arafna

+G4ada&a wa J n4na:ara hatta

C; ?awdhir9 G9 GH;

C@; Nishwdr9 v9 G9 and T*9

CM; Nishwdr9 GG9 ;

CJ; Qunta:a9 v9 @0

CY; On Sianani9 see )AL9

Supp&; G9 Y@Y (no; ib! and9;9 in addition

to the bib&iography cited there9

Qunta:a9 v9 GJY; This source

cites Sianani twice under the

sae nae9 once sub anno MM h;

(vi9 @! and again sub anno MMM h;9

under which year he is cited by the



other sources;

C0 ibid;9 v9 @HY;

C; ibid;9 VII9 M@;

CC; Wafaydt9 G9 MC4J G and in9

G

T

v

G



G0

warada Abu +A&& ath4Tha6aR ina @HH; Khai&9 G9 G ;

+&4+Ira6;

@HG; T-S9 C;

Notes and /eferences to pages G@M4 GMJ

@

@H; cf; ?awdhir9 G9 GHY, a&4und:;ara

R "4ahd=iL

@H@; cf; Ibn +A6i&9 HPP;



@HM; ibid; Z on the occasion of the

appointent of Abu *a8r ad4

Kinawari (d;J@J=G GMG! to the post

of his aster Abu +G47hattab a&4

7a&wadhani (d;JGH=G G GY!9

deceased;

@HJ; cf; Qunta:a9 x9 J4;

@HY; cf; ibid;9 x9 YJ;

@H; Ir shady xvn9 @G;

@H; ibid;9 xni9 J4Y; 4 The

fo&&owing anecdote gives another

exap&e of Nashi J J s sense of huour;

Once9 in the copany of a friend9

he paid a visit to his sister; On

entering hen4residence9 he saw a

sa&& b&ac8 boy9 and9 as8ing his

sister who the boy was9 received no

answer; When he insisted9 she

Rna&&y said, +"e+s the son of

ouveent hanba&itc et &a

restauration sunnitc+9 C@4@@;

@M; Irshdd9 in9 GG Z Inbdh9 G9 Y;



The two wor8s entioned in the &ast

Qu

theo&ogian and urisconsu&t9 [adi

c Abd a&4?abbar (d;MG J=GHM!;

@J; 'oetry9 Y;

@Y0 ibid;9 GY (Arabic text!9 Y

(trans&ation!;

@; ibid;9 G ig;

@; -or exap&es of saas and

further detai&s regarding the9 see

k 0 ; M A

Q



TQ

sania

this wor8Z and his Id:dt9 G9 @4JG Z

see a&so Autographs $crtiRcatsZ Tra

issionZ QanuscriptsZ $ertiRcatesZ

"adith; -or a co&&ection of other

saa+s9 see the p&ates in "and&ist;

@C; Khai&(-!9 G9 (GM!;

*ishara+9 Nashi.s concubine; +And @@H4 ibid;9 Y (GC!;

who e&se+s+9 he as8edZ but she wou&d @@G; The text here is e6uiva&ent to

not say; "e ca&&ed for his concubine ya6ra+una +a&aiya;

and as8ed her, +This boy9 who+s his

fatherB+ +"e has no father+9 she



id a&4[asi b

Sa&&a (dx;@=@! Z see )AL C G9

rep&ied; Tn that case+9 said Nashi+9 GH9 Supp&; G9 GYY;

turning to his friend9 +say .he&&o. @@@4 W6faydt9 &

to $hrist P+ 4 a&&uding to the virgin @@M4 T-S9 M4C;

birth9 an Is&aic artic&e of faith

based on the 7oran9 ibid;9 xni9

@;

@HC; ibid;9 viii9 IHM;

@GH; Wafaydt9 in9 MHH4G;

@GG; Irshdd9 xvn9 @4@;

@G; ibid;9 xix9 GJ4Y;

@G@; Wd_y&y G@C;

@GM; Qunta:a9 v9 G;

@GJ; ibid;9 v9 GG;

@GY; ibid;0 vii9 ;



@G; Tardi9 @;

@G; AtibbdE J@ (i;!4

@GC; Kdrisyi9 @C@ and GG9 C;

@H; Ir shady iv9 G@; On 'roc&us

('rocu&us!9 neop&atonist (a;d; MGH4

MJ!9 see 1* (GCY!9 xv9 JY9

@@J ; Irshdd9 xv9 G4;

@@Y; TN3 & J Y 4

@@; Qunta8hab9 fo&; G @Hb;

@@; ibid;9 fo&; G @@b (Y!;

@@C; Qunta:a9 x9 G G;

@MH; See p;M@ be&ow;

@MG; Kied YJ=GJM9 grandfather of

the faous Ta6i ad4Kin Ibn

Taiiya (d; =G@!;



@M; Ibn "adan9 Tardi

Shuyu8h "arrdn9 apud Khai&9 GG9 JG;

@M@; Qunta8hab9 fo&; Ga (GM!;

@MM; See p; G CY9 n;J be&ow;

@MJ; AtibbdE @@ , waadtu sharhahu

; ; ; wa46ad 6uri+a f a;&aih9 wa4 c a&aihi

+G48hattu bi +G46ira+ati R +G4*Iari4

B ; @ >; > stani +&4+Adud& ; ; ;

artic&e and bibhography by A; "; @MY; cf; Supp&eent 9 s; v; dirdya9 apud

Arstrong;

QQ9

@G4 See Ash+ art9 YM n;M9 apud TSS9 @M4 See pp;CC4 GHH above;

@; Khai& (-!9 G9 G G (&ast @!;

@@; -or ore detai& on the resur4



gence of traditiona&ist Sunnis9 see

Ibn 0A6i&y esp; chapter iv9 +Le

Ahad

Qunta:a

S8udhardt

G@Y;

@JH9 ibid;9 (G4G@!;

@

Notes and /eferences to pages G MJ 4 G JM



@JG; B9 vii9 @CH4GZ a&so9

Qunta:a9 vin9 GJJ (4ro!;

@J; ibidZ9 &oc; cit; (GH4G@!;

@J@; ibid;9 ix9 H (GM4GJ!;

@JM; See -i6h;

@9 ibid;9 G9 C@ , &a ya8un

ahadun yuna:i+uhu R dahrih;

@C; ibid;9 ii9 C, wa4adhana

( ` aa:a! &ahu R +G4ifta+i wa4

+uruhu 8hasa +asharata

@JJ4

@JY;



cf; chap9 one9 section G 9 above9 sana;

Qunta>a9 vi9 J;

@H; Kurar9 GG G9 MG Z see a&so Kdris9 G9

@4

@G; Kurar9 iv9 @MY0; On the

strength of Ibn Taiiya+s eory9

@J; ibid;9 vi9 G@G;

@J; See Ta&bis9 GGJ;

@JC; Qunta:a9 vi9 GG Z notice

here the deve&opent , fro 7oran9 see p; G o G above;

to hadith9 to R6h9 to divergences of @; ibid;9 iv9 GH4G;

opinion;



@YH; ibid;9 vi9 @;

@YG; ibid;9 vi9 M (@4M!; G

@Y; ibid;9 vi9 C (GC!;

@Y@; ibid;9 vi9 H (!;

@YM; cf; ibid;9 vii9 J9 the notice on @J; Shadhardt9 in9 Y@;

@@; ibid;9 G9 C (! , wa48ana

yata+asaru R 8itabati +G4ia:a9 wa4

rubbaa sarraha bi4 e adai

awa:iha;

@M; ibid;9 G9 G@Y (C4G G !;

Abu +A&i at4Tabari;

@YJ; The ia:a deserves ono4

graphic study Z Ia:a;

@YY; Kurar y GG9 J;



@Y; See Shadhardty G9 GHM, wa4

@Y; ibid;9 in9 ;

@; ibid;9 in9 M;

@; ibid;9 in9 CH;

@C; Khai&9 G9 @ (J4Y!;

@CH; Kurar9 GG9 G (!;

hadhihi +s4sanatu tusaa +sanata @CG; Kdris9 GG9 GC (u&t;!;

s &4fu6aha+9 &i4annaha ata Rha

aa+atun inhuZ wa4innaa

6i&a + +G4fu6aha+u VsabV9 &i4

@C; cf; ibid;9 G9 @ (GM!;

@C@; Kurar y iv9 Y (Y4!;



@CM; W9 G9 G;

annahu 8anu bi +G4Qadina R +asrin @CJ; KauE GG9 G (GY4G!;

wahidin yunsharu +anhuu Vi&u @CY; ibid;9 in9 YM (G4G@! , intahat

wa J &4futya; -or these seven uris4 i&aihi riyasatu +&4ifta+Z a&so ibid;9 G9

consu&ts9 ibid;9 G9 GGMZ three died in GGC(GG!, intahat i&aihi riyasatu

CM h;9 one in C h;9 one in GHH h;9

+G4futya;

and two in GH h; "owever9 in this @C; ibid;9 iv9 GHC (!;

sae source there is yet another

urisconsu&t9 said to be one of the



@C; KauE GG9 G@C;

@CC9 ibid;9 GG9 G@C (@4G!;

seven9 who died in GM h; at age M9 MHH; -S9 n9 Y (G@4GJ!;

ibid;9 G9 GY;

@Y; Shadhardt9 G9 GJY9 died in GGC=

@4

@YC;

ibid;9 died a&so in G GC=@;

@H9 ibid;9 i9 G JC9 died in G G =@C4

G;



$hapter @

The Scho&astic $ounity

See be&ow under +u&tip&icity

@G; ibid;9 G9 GJ9 died in G=MY; of posts+; The &ater practice of ho&d4

@; ibid;9 G9 GCMZ died in G@Y=J@; ing severa& professorships siu&4

@@; ibid; , &a46ad ra+aituna R

ha&6ati aid b; As&a arba+ina

fa6ihan9 adna 8has&atin Rna

+t4tawasi bi4a baina aidina;

@M; ibid;9 G9 M;

@J; ibid;9 G9 M;

@Y; ibid;9 G9 C, wa46a&&a rau&un

taneous&y appears to have brought

about this p&ura&9 tadaris9 which



does not appear in the ear&y sources

avai&ab&e;

; 7ashf y G9 MH4G;

@; Irshdd y v9 C;

M; Ibn +A6i& went to soe

8untu ata+a&&au inhu wa4ata &ength in refuting ?uwaini on this

hatta yastaftiyani;

@; ibid;9 i9 C , 8ana a+&aa

point9 Khai&9 G9 G (4C!Z and9 for

soe detai&s of the refutation9

J n4nasi bi +G4Au:a+i wa4a&isihi wa4 Qunta:ia



futyah;

J; Qunta>a

f

r;

Notes and /eferences to pages GJJ4GYG

@C

Y; cf; ibid;9 vii9 JG9 JY9 YM9 GJZ

viii9 Y9 CC9 GJM9 GYJ;

; -or the detai&s of the Shira:i



9 QIL9 @f

Qunta:a

itaa+a +n4nasu ; ; ; fa4a&asa Ibn

as4Sabbagh wa4arat una:ara9

wa4tafarra6u9 wa4uriya &i +G4uta4

fa66iha;

C; On I&yas ad4Kai&ai9 Kiary

G@@9 QIL9 4@9 Ibn +A6i&9 GM4JZ on

Nur a&4"uda a:4ainabi9 Kiary9

xix9 G@Y9 Ibn +A6i&9 G J;

GH; Khai&9 i9 G (C4 GH !0

&i; Qunta:a9 ix9 GM@ (GY4G!Z

QIL9 MG;

G ibid;9 ix9 GYJ;



G@; ibid>ix9 GYY;

GM; ibid;9 x9 Y;

GJ; ibid;9 x9 G GJ4GY;

GY; ibid;9 x9 @J;

G; ibid;9 x9 @Y4;

G; ibid;9 x9 JH;

GC; Kdris9 G9 CJ (iY;!;

H; See pp; G C4CH be&ow;

G; : %nwdn9 ix9 C;

; Tardi9 C4@H;

@4 *iddya9 xin9 GCZ Kdris9 G9

G JC4YH (read9 on &ine @ , a&4udarris9

instead of, a&4udarris&n!; I6ba&

founded another adrasa in *agh4

dad in Su6 as4Su&tan9 and one in

Wasit9 with a Qos6ue next to

it9 and other foundations as we&&9

a&& ap&y endowed Z Shadhardt9

v9 YG (4GH!; "e a&so founded in

Kaascus two adrasas9 one for the



"anaRs and another for the ShaR+isZ

Kdris9 G9 GJC (Y4C!;

M; *iddya9 xiv9 M (G@4GM! Z Karts9 (

h YM4J;

J; *iddya9 xiv9 C (G4J! Z Kdris9 G9

@M.J4

Y; 7oran9 vi9 GHY, +-o&&ow what

has been revea&ed to thee by thy

; Lord P There is no )od but "e P

And turn aside fro the Association

iB Koris9 G9 C@ (J4!;

; See be&ow9 section Md;

; This wor8 on &aw is by

ad4Kin Abn +G4[asi EAbd a&4

7ari b; Quhaad a&4[a:wini

ar4/aR+i (d;Y@=GY!9 entit&ed a%

A:i: f & shar8 a&4Wai:9 a coentary

on the Wai: of a&4)ha::a&i9 see



)AL9 G9 MM9 naZ /aRTs wor8 is

sti&& in anuscriptZ Kdris9 G9 CY;

C; 7hu&asa9 G9 GC, &a yu+had R

+r4/u ith&uhZ &i4anna +G4udar4

risina R bi&adihi &a ya+rifuna

dha&i89 wa4innaa ya&isu +G4udar4

risu wahdahu R aha&&in 8ha&in

ina +n4nas9 fa4&a yad8hu&u i&aihi

i&ia an ya6ra+u +d4darsa wa4

shura8a+uhu Rh9 wa4&a yahduruhu

ahadun in ghairi ta&aidhati

+G4udarris;

@H; Kdris9 G9 @ (GM4GY!;

@G; ibid;

@; See be&ow9 section Md;

@@; $a&iphate, GH4C@=Y4HC;

@M; Irshdd9 xi9 @4

@J; In secret9 because a&47isa+i9

a&ready a faous scho&ar9 did not

want the fact 8nown;



@Y; ibid;9 xi9 C;

@; Nishwdr9 v9 GJZ T*9 GG9 G@

(G4!;

@; Irshdd9 xviii9 GCG

MH;

@C; Irshdd9 G9 G@G;

MH; cf; ibid;9 G9 G@G;

?

Mi

Qunta:a

Ia



M; It shou&d be noted here that

the verb used is 6ara+a9 to recite

fro eory to a aster whose

function it was to correct any errors

that occurred in the recitation;

"aadhani9 who had been fre6uent4

ing the &ectures of the graarian9

had ere&y been an auditor9

asa+u tadrisah; The graarian 9

apparent&y did not charge auditors9

on&y reciters;

M@; Of Ibninni (d;@C=GHH!;

MM; Khai& mN!9 fo&;CJb; 4Note that

Thaanini was charging fees for

teaching graar in a asid; It is

possib&e that the os6ue+s endow4

ent incoe was insu\cient to

i

defray expenses inc&uding ain4

tenance9 a priority ite;

MJ; Ta&i9 J;



MY; KauEE9 (GC4H!;

M; Wafaydt y v9 igo4@;

M; Ta8i&a9 GJ;

MC ; Qunta:a9 v G G G9 @ G M; This

teacher of hadith is cited fre6uent&y

in Ibn ?au:i+s Qunta:a;

JH; Qi:dn9 GGZ ? ai at9 MH;

r;

iV

ft .0G

tc

@@H



Notes and /eferences to pages GYG 4 GYC

JG; +%&u9 GJ; This was not a

change of heart on the part of the

ce&ebrated theo&ogian and uris4

consu&t9 as soe have surisedZ cf;

?dxdt9 MHZ it was ore &i8e&y a

distinction ade between fees

exacted fro students9 a socia&&y

undesirab&e for of copensation9

and payent fro an endowent

set up for the purpose9 a perfect&y

G; KauE GG9 @@ (i;! , wa4hasa&a

&i +G4fu6aha+i a&un 8anu &a yasi&una

i&aihi 6ab&ah;

; cf; supra9 p; G Y G 9 )ha::a&i+s

stateent that professors cou&d

accept payent fro endowent

itiate



on&y;

@;

Insdf9

a8a&a +G4a&a bi +G4bati&i 6auun

&egitiate one; )ha::a&i ight even &ahu

have concurred with his predecessor9

6auun

Abu Isha6 ash4Shira:i9 in a&&owing a+&uuha 8athirun ya+8hudhunahu

Ibn an4Na6ur to accept fees fro



wa4yastanibuna bi4yasir;

his students on the basis of &egitiate M; Qu

need;

J;

J@4

JM4

JJ4

JY;

J4

J4

JC4

YH;



YG;

Y;

Y@;

Qunta:a9v in9 G@C4MH;

ibid;9 vn9 @;

?Vishwdr9 G9 J@;

ibid;9 GG9 J4@;

Ibn A6i&9 @H@4;

Qunta:a9 vn9 Y;

cf; Irshdd9 xin9 JY, wa4

sa+a&ahu ira+a ri:6in 0a&aihi=f

&ati anyarta:i6u in athd&ih ; ; ;

ibid;9 in9 YJ4Y;

See 'MH; above;

Wafaydt9 iv9 M;



?awdhir9 G9 GH;

Irshdd9 GG9 JJ9 to the physician

Ibrahi b; "i&a& as4Sabi (d;@M=

CCM!4

YM; 1xcept a fragent of the deed

for the Ni:aiya Qadrasa pre4

served in Qunta:;a9 ix9 YY;

YJ; Koris9 G9 MG@ (J;!0 The Arabic

ters in parentheses denote the

ho&der of the post9 then the post

itse&f9 un&ess otherwise indicated;

YY; -S9 GG9 J;

Y; ibid;9 GG9 J (G4@!;

Y; Kdris9 G9 G (G4GH!;

YC; ibid;9 G9 M (G4M9 GH4G@!9 M

(4@9 G4G!;

H; ibid;

G; Nishwdr9 GG9 @M;



; Qunta:a9 v9 H4G;

@; ibid;9 v9 C@;

M; W6faydt9 GG9 @4@;

J4

Y;

;

;

C4

H;

Qunta:a9 x9 GMZ QIL9 G;

ibid;9 MG4@;

ibid;9 M;

ibid;9 @f-;

ibid;9 J4@;

ibid;9 ;



J; -"3 in9 @HH (Mf-;!;

Y; ibid;9 in9 @HH;

; ?awdhir

Qund

ofay

; Kdris9 G9 M>J (i4s;! , these

co&&eges were ash4Shaiya Intra4

Quros9 a&4)ha::a&iya9 a:4ahiriya9

ar4/u8niya and an4Nasiriya;

C; Koris9 i9 GC (nf-;!;

CH; ibid;9 G9 @G;



CG; ibid;9 G9 @M, &i4anna sharta

+sh4Sha&ya an &a yua c a bainaha

wa4baina ghairiha;

C; This divisibi&ity of the post of

professor of &aw (tadris! ephasi:es

the fact that there was usua&&y on&y

one such post in each institution

be&onging to any one of the ad4

habs; In institutions be&onging to

ore than one adhab9 there was

on&y one professorship for each

schoo& of urisprudence represented;

C@

QIL

disissed in MM=GHCG to a8e way

for the appointent of a&4)ha::a&i

a&one;

CM; -"9 i&&9 C (G@4GY!0



CJ4

CY;

Kdris9 G9 H (@4Y!;

ibid;9 G9 JM;

C; ibid;9 G9 @G (! , an4nisfu

bi4tari6i +G4asa&a9 wa +n4nisfu

niyabatan;

C; ibid;9 G9 M penu&t;, niyabatan

e anhu R nisR tadrisiha9 wa +sti6&a&an

R +n4nisR +G4a8har;

0

ibid;9 G9 CY ( G G!;

ibid;9 G9 GM (GY4G!Z for other

cases of consideration ( c iwad!9 see

ibid;9 G@G (u&t;!9 GMC (!9 GY (J and



!9 @.3(!9 @H (u&t;!9 @CM (GC!;

CC4

GHH;

■

Q4

t ■ V04

i

■

Sfr



G

T

+M

G Z

u

3

P3



if

i

■if

a0

i

L

i

iP



it

I G

t

f

if

G

i

I. w

f



Notes and /eferences to pages GYCXGG

@@G

GHG; ibid;9 G9 @CM (G!;

GH; ibid;9 G9 @HC (J!;

GH@; --9 fo&4Jb;

GHM; In Insdf9 vn9 YC;

GHJ; -ITQ9 xxxi9 E;Z-IT y iv9

GH4G G;

GHY; Qunta:a9 ix9 G (H!;

GH; QIL9 Y;

GH; ibid;

GHC; ibid;



no; Kdris9 G9 @CC (Y! , wa4anna

+t4tadrisa &i4dhurriyatih9 wa4

yustanabu +an ghairi +G4uta+ahhi&;

in; ibid;9 G9 CH (iJ;!;

a charge that was previous&y &aid

Qu

?

G@C; ibid;9 G4C4

GMH;

a ay at G v9 M;

?4



C4

GM; It shad9 iv9 @@;

GM@; ibid;9 iv9 MJ;

GMM; ibid;9 in9 J;

GMJ; TSS9 in9 JM;

GMY; Kdris9 G9 GH@ (C4GH! , &a

yatanawa& in a+&uihi sha,

ba& a+a&ahu ursadan &i4an

ii4 ibid;9 G9 GM (GY4G! , na:a&a yaridu c a&aihi ina +t<ta&aba;

Wa&&

[ad& + A&un bi4ab&aghin aiyid9

thua nadia c a&a dha&i8; -or

other such cases9 see ibid;9 G9 GMC9

JJ9 9 et passi;



GG@; Tardi9 4Y;

GGM; KauE in9 , 8ana +ariyan

GM; Khai&9 G9 G G4GC; There was

soe 6uestion about the text9 soe

being sceptica& regarding the nu4

ber of students9 and suggesting the

variant nafsan instead of a&fan9 in

order to read +seventy persons+ Z but

4?

ina Vi&Z i&ia anna &ahu +ttisa&an +seventy thousand+9 exp&aining that

7haiyat+s teaching was done

throughout his &ong &ife9 his discip&es

he&ping hi in the process , yu6ri+u

huwa bi4nafsihi wa4bi4ashabih;

GM; Kurar9 v9 GHC;

GMC; ibid;9 v9 GH , yuhsinu i&a

+t4ta&abati 8athiran;



GJH; Kdris9 G9 GJ (4C!, wa48ana

Rh& ihsanun i&a +t4ta&abati wa4

bi +t4Tur89 8a4da+bi ghairih;

GGJ; cf; TSS9 vi9 J@;

GGY; ibid;9 vi9 J@;

GG; -S9 u9 J (GH4GY!;

GG; ibid;

GGC; ibid;9 n9 JY (;!;

GH; ibid;9 n9 GGC4H;

GG; ibid;9 GG9 JJ (u&tO4JY (G!;

G; ibid;9 II9 JY (4C!;

G@; Wddih9 G9 fo&;iYJb (u&t;!;

GM; As 6uoted in -"9 GG9 (;!;

See (p; G Y be&ow! the answer of Ibn

as4Sa&ah dea&ing with their stipends f a&a as&abi8Z T*9 GG9 G @;



for wor8 accop&ished;

GJ; Kdris9 G9 GY@ (i;!4

GY; ibid;9 G9 Y (&ast @!;

G; ibid;9 G9 @@ (io;!;

G; -S9 GG9 in (io;!;

Qu

usa+iduhu;

GJG; Nishwdr

aartu &a8a t

GJ4 Tadrib9 G9 GH (@9 argin! Z

+%yun9 iv9 ;

ibid;

GJ@



Qir

MC; )hania sees this as the pre4

G@H; -or these two posts9 see be&ow9 cursor of what happened &ater in 9

under 0 'osts9 Occupations9 -unc4

tions+;

G@G; Quid9 GJY;

G@; See p; G Y above;

G@@0 Quid9 GJY;

G@M; The absence of a student

cou&d cost hi a part of his

stipend;

G@J; ibid;9 GJ;

G@Y; ibid;9 GYH;

G@; No doubt9 Sub8i wished to



Zaiya

the adrasa was a charitab&e trust

■

estab&ished in perpetuity as a private

endowentZ what the -atiid

ca&iph had done was to assign a&&ow4

ances which wou&d end at his

p&easure or with his deise9 the

oney coing as it did fro the

pub&ic treasury, wa4ard t a&aihii

"4ar:d6a aya8R 8u&&a wdhidin

inhu; This 8ind of a&&owance had

SuRs9 a&ready been practised in *aghdad

@@

Notes and /eferences to pages G4GCJ



QIL

centuries before with the ear&y

AbbasidsZ see p; above;4

GJY0 Khai& ■(2!9 fo&;Ja;

GJ; Qunta:a9 vn9 >

GJ; Shadhardt9 G9 CJ4

n9I;

GJC; KauE G9 M, a&ar

yufarri6uhu :a8atan 0a&

wa e &4fu6araE

GYH; Nishwdr9 &&9 J4Y

GYG; =rQrf9 G9 GJJ, 8ana a+ashuhu +t4ta&aba;

in ah&i G4ha&6a;

uxnan

G@0 According to soe uris4 9



consu&ts an ia cou&d hire a sub4

stitute Z but others contest this

opinionZ see p;GC;

GM; ibid;9 fo&;a;

GJ; See p;H and n;Y be&ow;

GY; See p; G CC and n;M be&ow9

G; Qunta8hab9 foLob, ista8h4

&afahu ; ; ; &i +t4tadrisi R adrasatihi

wa4ifadati +&4u8hta&ifati ina

G; Qunta:a

GY; ibid;

G Y@ ; -or the fu&& detai&s of this

anecdote9 rather roantic9 see

Qunta:a9 vi9 JH4;

GYM; ibid;9 viii9 G@4GM4

GYJ; ibid;9 ix9 (H4G! , +ana



?

ya8h&ufuhu wa4yanubu c anh;

GC9 -"9 in9 @HH (C! , bi4sharti an

yastaniba ith&ahu au 8hairan

inhZ &i4annahu in &a ya8un bi4

sifatih9 &a yahsa&i +G4gharadu bih;

i&9 fa4rubbaa GCH; See case in ibid;9 in9 H (G!4

+stadwa+a bi4sirai a&4haris;

GYY; Qunta:a

G (!4

GCG; Qunta:a



i>>* >>r >>fr >- >> W >> >>> > > v X X >> >.. ■■ ;■ 4y ■■■ >X 7 Q fc>' >*i>

GY; On a&4*ai and Ibn "a:9 see GC; Kuror9 G9 M (&ast two!,wa&iya

Irshdd9 xii9 @C4MH; On the u&aa+s 6ada+a +sh4Sha9 +iwadan +an >

7ashf9

b (M4C!;

GY9 Qar6u (unfo&iated! , wa4

6auun a8haruna 6ana+u bi4:iyi

+G4utafa66ihin9 wa +s4siyahi +G4ari

baina +&4utana:irin9 wa46a&u ,

.a&aa nut+ibu anfusana wa4rai+u

+&4adarisi hasi&un &anaB+

GYC9 Qunta:a9 x9 @ Z QIL9

JM0

GH9 -J9n9J (G4@!4

&a 9 ;

i&ia hif:an &i +G4wa:ifati +a&a a8hih;



GC@

Qu

GCM; ibid;9 GJ@4M0

GCJ; Lit; , +"e is a consuer of that

which is un&awfu&+;

GCY9

Qethod

GC; L/9 s;v; u&d:i;

GC; 7hu&asa9 G9 G;



GCC; ibid;9 I9 JG;

HH; ibid;9 G9 GJ;

GG; ibid;9 II9 J4C (penu&t;! , wa4 HG; L/9 s;v; 8hdri and dd8hi&;

idha 8anat taba6atuhu 8a4

taba6ati +G4*arraniya 4 wa48anu

i+a 4 etc;

G

Qu

G@; Koris9 I9 CH (G!;

GM; -S9 &i9 GJ (C4GH!;



GJ4

GY;

G;

G;

ibid; (G4GM!;

ibid; (GM4GY!;

-"9 in9 ;

Koris9 G9 Y (iY;! Z see a&so

ibid;9 I9 H9 and G9 M;

ibid;9 G9 GHC;

See p; J above;

GG; The Tan8i:iya $o&&ege for

iC4

GH;



H; 7hu&asa9 G9 GC;

H@; Qw+trf9 GJM4J;

HM; ?didt9 YJZ and Sha&aby

(QiB9 GMM!9 who be&ieves that the

post +appeared ost&y in connection

with a&4Ni:aiyah institutions and

their professors+;

+%nwdn9 ix9 G4CZ.

Ibn +A6i&9 HM4J;+

H; Khai& (-!9 G9 G@ (M! , a+ada

shai8hahu ; ; ; R darsi +G48hi⁡

H; ibid;9 G9 MHM;

HC; Khai& m!3 fo&;ioa;

GH; Kdris9 G9 M (GY!;

HJ;

HY



7oran and "adith had9 in addition GG; ?awdhir

to the na:ir9 a na+ib4na:irZ see

Kdris9 G9 GY4 (C4GH!;

G; See Qunta8hab9 fo&;ga (

8ana yanubu R +&48hi>abati R

J &4ai e i +G46adi;

+d4darsa in dha&i8a +G4yaui wa4

a+ada bi +&4Qansur&yaZ notice the

ter dars as signifying the &aw

course as taught by the professor9 as

contrasted with the ter a+ada9

a

d

Q;;4+4?

■9;?&ptt r E



■

G0

i 4

945

-0

J4

0



c

M

0 4

3

r

G

f

I

i

t

I;



P9;

r

I

G

G4

Notes and /eferences to pages GCJ4HG

@@@

the function of the u+id in

&aw;

G; Koris y G9 JM;



G@; On a&4[arafa9 see [ardfc

GM; 7hifat y G G9 MHH4 G ;

yu8tabu

+sah

GM (H4G! , ya8tubu bi48ha>tih&

f a&a +G4fatwa;

MG; -A y @;

GJ; Or an accop&ished uhad4 M0 Karis9 G9 C (@4M!9 and

dith Z for the ter was a&so used in Shadharat9 v G9 MM ( G Y4 G ! ;

the Re&d of hadith9 un&i8e the ter M@; ain ad4Kin a&47attani

u id which be&onged to &aw a&one; (d;@=G@@! did so9 te&&ing the



GY; See p;GM be&ow;

G; Qu

person so&iciting his fatwa to go

see8 it fro the 6adis who co&&ected

u&aa+ big sa&ariesZ see Kurar9 GG9 @4C;

yari+una i&aih9 wa4ya6ra+una c a&aih9 MM; In @CM=GHHM9 the *uwaihid

wa4yaf:a f una R ha&&i +G4ush8i&ati

wa4sharhi +&4u+di&ati i&aih;

GC; ?awdhityiy GH;

H; Qunta8haby fo&;iMMb, thua

f ada i&a Nisabur wa4a0ana R

+G4ifada;

G; Khai& (-!9 G9MH;

; Irshdd y xii9 JC, wa46a f ada &i

+G4ifadati wa +t4tadrisi sinin9 wa4

ta8harraa bih& ta+ifatun ina



sai

*aha+ ad4Kau&a appointed a Shi+ite

sharif as chief 6adi and arsha&& of

the Shi+ite sharifs; The appointent

too8 p&ace in Shira:Z neverthe&sss9

the appointee did not assue his

duties as chief 6adi because the

ca&iph a&4[adir denied hi

authori:ation to assue the post;

See Qunta:;arriy vn9 Y; On the

6adis in *aghdad9 see $adis;

M;>; Qunta:a9 vn9 J4Y;

+a&aih9 wa4ba&aghu aha&&a +G4ifada; MY; ibid;

@; Khai& (-!9 G9 GGY; -or the post

of usta&i9 see p;G@ be&ow;

M; ibid;9 G9 GM4GJ; See further in



Kdris9 G9 J (GJ4GY! where ifada is

&in8ed with the function of the

uhaddith and in ?awdhir9 G9 @9

where it is &in8ed with the function and n; for bib&iography;

of the fa6ih;

M; T-S9 CH;

M; Qunta:a9 ix9 GJ, fa4ra+a

Air a&4Qu+inin raf a +:4:innat

+anhu bi46abu&i a&9 fa4 c ada&a i&a

+sh4Shai;

d[; -or Shai9 see Ibn 0A6&L

J; KuraTy v9 GH , wa4shara c a R

+G4ifada9 fa48ana yu6ri+u bi +G4ai

+htisaban sharhan wa4tashihan;



Y; Qunta8haby fo&;Jb, 8ana

saa

JH; Qunta:a9 x9 GJ (H4G!9 where

Ibn a&4?au:i accuses a conteporary

for accepting bribes and thus thwart4

ing ustice, bi+sa +G4ha8iP ya+8hudhu

+r4risha+9 wa4yubti&u +G4hu6u6;

JG; Kdrisy G9 C (4@!;

; ibid;9 fo&>ibi+haddatha+ani J; ibid;9 G9 JM (C4GH! , istaarra

+t4taba6ati +th4thaniyati bi4ifadati 8u&&u an tawa&&a 6ac&a+a +G4

+s4Saar6andi;

; ibid;9 fo&; G Yb (G4GC!;

C; ibid;9 fo&; b;

@H; ibid;9 fo&;@@a4b;

@G; ibid;9 fo&; b;



@; -a6ihy Jo;=n9 IJY;

@@; ibid;

@M; Qunta:;arriy vi9 @YC4HZ

?awdhtTy G9 C4C;

@J; ibid;

@Y; V=9n9 M (@4J!4

@; Quftiy fo&;Ya (GJ!;

@; Wafaydty GG9 M4;

@C; cf; pp;iMo; above;

MH; See Koris9 G9 JG (u&t;! , 8ana particu&ar&y for the ear&ier period in

hanabi&ati yatawa&&aha9 wa4in &a

ya8un ah&an &i +t4tadrisi biha; The

co&&ege had a s&ot for a repetitor

(wa4&aha i+ada!9 who perhaps ade

up for the deRciencies of the aster;

J@; cf; p; J and n;@M above;



JM; On the profession of the

notary9 see Notaria% This exce&&ent

wor89 app&ying to Is&a in genera&9

is heavi&y based on &ate sources and

for the ost part9 treats of Western

Is&a; It reains9 however9 funda4

enta& and what fo&&ows here ere&y

pp&eentZ

0 ; 0

0

@@M

Notes and /eferences to pages HG 4HM

1astern Is&a; See a&so the ore

recent Kocuents9 which inc&udes the



edition of the Rrst part of at4

Tahawi+s Shurut;

H; As in the case of Ibn Sadr ad4

Kin9 a resident of *aibarsiya

$o&&ege who practised as notary in

two parts of the city of Kaascus9

cited in Tardi9 H@ , ta8assaba

JJ; Tardi9 G;

JY; A&4[adi Da+6ub a&4*ar:abini bi+sh4shahada ; ; ; wa4&a ya8un

was described by Ibn +A6i& as the R4ha bi +&<ahir a+rifatan wa4

ost 8now&edgeab&e of the 6adis of 8hattan;

his day in the adinistration of

ustice and the princip&es of notaria&

scienceZ see Khai&9 G9 C@ (@!; ;

J; A&4"usain b; 0A&i an4Nisaburi

(d;@MC=CYH! is described as a shahid

of Nishapur9 +in spite of the superior4

ity of his 8now&edge in the various

re&igious sciences+Z see Qunta:;a9

vi9 @CY, wa48ana9 aa ta6adduih&

R +&4+u&u9 ahada +sh4shuhudi

+&4u e adda&&na bi4Nisabur;



J; Qunta8hab9 fo&;Jb, spea8ing

of a shahid who died in MGH=GHGC9

+in u&ati +sh4shuhudi yata4

+aau wa4yatatai&asE

JC; Spea8ing of an4Nasawi (d;JGH= ghairi dha&i8;

G; See his notice in Wafaydt9 vi9

M4JG;

; Irshdd9 G9 GJJ , a&asa sadran

yu6ri+u J n4nasa R J &4aiE

@; Kdris9 G9 J (GY! , tasaddara bi

? &4ai0 &i +G4ifta+i wa +t4tadrisZ and

A+ &a9 , tasaddara &i +G4iabati +an

8u&&i su+a&in Rha yutrahu +a&aih;

M; Irshdd9 xiii9 GYC;

J; Nishwdr9 G9 M;

Y; W ofay at9 GG9 ;

; -utyd9 fo&;ga;



; Irshdd9 xii9 Y;

C; -S9 GG9 GJG (G4! , a&4udarris

wa+&4uft&n wa+&4utasaddinn wa4

G G GY!9 Ibn a&4?au:i said that in

H; Kdris9 G9 MHJ (M ! , wa4a6aa

Nasa the function of passing on the bi4Kiash6 +a&a wa:a+iR wa&idih9

probity of notary4witnesses was his na:a&a &ahu f anha R hayatih9 wa4

to perfor, +wa48ana ta:8iyatu

+sh4shuhudi i&aihi bi4Nasa+ Z see

hiya, tasdir ; ; wa4i c adat9 thua

darrasa bi+&4+Asruniya ; ; ;Z and ibid;9



Qunta:;a9 ix9 G; The Sharif Abu G9 @J (C4G!, wa48ataba ihatah9

?aTar and Da+6ub a&4*ar:abini were wa4hiya, at4tasdir9 wa4i e adat a&4

both accepted as shahids by the

chief 6adi Kaaghani and it was

their professor of &aw9 [adi Abu

Da c &a9 who passed on their probityZ

see Khai&9 G9 C (4GH!; The sharif

resigned fro his post of shahid

c Asruniya9 wa4ashya8hat adrasat

a&47hab&siya9 ; ; ; wa4&a ya8un

bi4yadih& tadris 4 dierentiating

between tasdir and tadris;

G; cf9 n; above9 sadr9 in,

a&asa sadran;

short&y before his deathZ ibid;9 G9 G ; Kdris9 G9 J (antepenu&t;! ,

(G4!;

YH; Qunta:a9 vi9 @HH (GC4@!9



and Khai&9 G9 C (GH4G@!;

YG; Qunta:a9 &oc; cit;

Y; Khai&9 &oc; cit;

Y@; Qunta:a9 viu9 GYG (G!;

YM; ibid;9 vii9 GY4;

YJ; ibid;9 x9 G (J4GH!;

YY; A sa&& aount of oney9

cf; Supp&eent9 s;v; hbb;

Y; Qunta:a9 x9 HM;

Y; See Notariat9 iY;9 @;

YC; Nu+aii9 in Kdris9 G9 GMY

(penu&t;!9 spea8s of an expert

tasaddara bi+&4ai c i &i T4ifta+i wa

J G4 tadris;

@; ibid;9 i9 MHJ (Mf-;!4

M; ibid;9 G9 @CJ (GH! , hasa&a &ahu



tasdirun R +&4ai0;

J; 'assi;

Y; Khai& (-!9 GG9 M@ (4@! , a&4

6ira+a wa+G4hadith9 wa+G4R6h9 wa+&4

usu&ain9 wa +n4nahwZ ibid;9 G9 J

(GY! , &i +G4ifta+i wa +t4tadr&sZ Irshdd9

GG9 J, utasaddiran ; ; ; yu6ra+u

+a&aihi +G4adab;

; Kdris9 GG9 MG G;

; 7hitat9 GG9 ;

shahid4notary who aassed a con4 C; ibid;9 GG9 , rattaba ; ; ; R

siderab&e fortune , hasa&a dunya

+t4tadiri &i4ifadati +&4+u&u ; ; ; a&4



ina +sh4shahada; cf; Notariat9 4; [unawi;

0■;0

i

0

i

E



x4

i

G0

t;

G



A

I P■

ft

AT

■G+,

t

]M

Notes and /eferences to pages HJ4GH



@@J

CH; Khai& (-!9 G9 @JC (G! , taaddara @HM; Kdris9 r9 MY, ishtagha&a R

&i +t4tadris9 wa +&i +shtigha&9 wa

+G4R6hi wa +&4had&th;

J &4ifadaZ cf; ibid;9 GG9 @ (antepenu&t;! , @HJ9 Wafaydt

tasadda &i +&i +shtigha&i wa +G4ifada; @HY; KauE G9 @@H (GM!;

CG; Kdris9 G9 JC (C4G G!, wa

+ntafa+a aa+a;

C; ibid;9 i9 JJ@ (GY4G!, ustun:i&a

+an tasd&ri +G4?ai j a&4%awi9 wa4



a&asa &i +&i +shtigha&; The bio4

that

@H; Khai&9 GG9 GY (J!;

@H; -"9 in9 C (;!;

@HC; -ITQ9 xxxi9 CJ;

@GH; That is9 the re6uireents of

the stipu&ations of the wa6f deed are

not et;

then ac6uired ha&f of a professorship @GG; -S9 GG9 JJ ( I J. H !4

of &aw in a adrasa9 and that he

@G; Khai& (-!9n9 MMJ4Y;



had soe 8now&edge in a variety of @G@; The chief 6adi Shas ad4Kin

Re&ds9 but that he was wea8 in &aw; . <

C@; KauE GG9 @Y (! , &a:ia

an:iiahu . a&& +adatihi R +&i

+shtigha&i wa+G4ishgha&;

Qu ..

[B

(d;Y=G@!9 one of the teachers of

Ibn Taiiya9 after resigning fro

his post9 devoted hise&f to teaching

&aw9 wor8ing the students9 and writ4

arian9 SiraR9 wor8ed students in a ing boo8s (ba6iya utawa\ran

variety of Re&ds9 but accepted



c a&a Vibada9 wa +t4tadris9 wa4

Oad

Wo=?w

reuneration on&y fro his copying ishga&i +t4ta&aba9 wa +t4tasnif ! Z see

ibid;9 GG9 @H (G4!;

@GM; ibid;9 G9 JH (Y4!;

@GJ; -S9 GG9 M@ (J fro botto!;

@GY; ibid;9 GG9 in (GH4GJ!;

@G; The ter +scho&ar+ was used

for the undergraduate in the

GMM!9 in Kdris9 GG9 MH;



CY; This answer no doubt indicates

that the wa6fs of the adrasas

Qos6

Qos6ue edieva& co&&egiate syste at

itse&f;

C; -or further detai&s9 see ibid;

C; In the texts avai&ab&e to e9 I

have not coe across the inRnitive

Oxford;

@G; ibid;9 GG9 JJ (GJ4H!;

@GC; KauE GG9 @Y;

@H; Karts 9 G9 @G4GC;



noun of the Rrst for9 shugh&9 with @G; See p;i J above;

the eaning here indicatedZ and

there is no way to distinguish

@; Khai& (-!9 GG9 MH4C;

@@; -S9u9 JY(4C!;

between the Rrst and fourth fors @M; Karts9 G9 @C (Y4! , tasaddara

&i +&i +shtigha& ; ; ; wa48ana yufti bi4

ura;

@J; See9 inter a&ia9 ibid;9 G9 MJ4Y;

except through their inRnitive



nouns;

CC; The ter ishtagha&a has the

ordinary eaning9 with the pre4

if

@Y; See9 inter a&ia9 ibid;9 i9 MJ4Y

et passiZ Khai& (-!9 G9 @G@ (i4 ? C!Z

soething; T-S9 G G, wa +shtagha&a G9 @@@ (@! Z GG9 MMJ (P0! ? M o .CZ

bi +&4+ibadati hatta at (he devoted et passi;

hise&f to the worship of )od to the @; Kdris9 G9 @G (i;!;

day of his death! ;

@HH; Khai& (-!9 G9@@@ (@!4

@HG; ibid;9 @JC; See a&so, tasaddara

&i +&i +shtisha&i wa +&<ifada9 Kdris9 GG9



@Z tasaddara &i +&i +shtigha&i wa

@; ibid;9 G9 MHJ (J4Y! , tasdir bi

?

thua

niyabatan;

Quahid

+G4fatwa9 ibid;9 G9 MJ (u&t;!9 GG9 M@Z @0C4 ibid 43 n 3 M@0 8ana [ ab&a

tasaddara &i +&i +shtigha&i bi +G4ai+i +G46ada+i yatasaddaru bi +G4?ar



8hasa +asharata sana9 wa48ana

yufti bi4ura9 ibid;9 G9 @ (Y4!;

@H; Khai& (-!9 GG9 CM;

@H@; See ibid;9 GG9 MJ@ (Y4G!;

Qu:aar&

wa+G4fatwa;

@@H; Khai& (-!9 G9 @G@;

aai; QiRd0 is64Y6;

@@ Y

Notes and /eferences to pages GH4H

@@ Kdris9 i9 M9 et passi;

@@@0 Quid9 GJC;

@@M4 -S9n C Iir (GJ4H!;



@@J; Qunta8hab9 fo&;b (Y! , spea8i

@JJ

previous

notes9 Kdris9 G9 G M Z a&so9 Kurar9 G G G9

@, 8ana 6ad 6uri+a +a&aihi i+adun

ina +G4hadith ;;;

yatani+u @JY; Qusta&i

ina +r4riwaya9 yanta:iru nafa6a

+s4su6;

@@Y; ibid;9 fo&; Ja, 8ana ya+8hudhu

a:a+a +G4ashayi8h9 wa4yahbisuha9

wa4&a yarudduha i&a arbabiha;



@@; ibid;9 fo&; G b;

@@; -or further detai&s on this

deve&opent and soe of its con4

se6uences9 see Ash+ari;

@@C; cf; QIL;

@MH; W6faydt9 G9 J4, tu&iba i&a

Nisabur &i4nashri Vi&9 fa4aaba

wa +nta6a&a i&aiha;

@MG ; Khai&9 G9 G@, R baitihi wa4

wa4asidih& wa4ai+i +G4Qansur;

@M; Khai& (-!9 G9 @Y4, wa48ana

&a ya+8u&u in awa&i +:4:a&aa9

wa4&a 6abi&a inhu adrasatan

6attu wa4&a ribatan9 wa4innaa

@J

Qateria&s



@J; See p; GCJ above;

@JC; Khai& (-!9 G9 GGY (GJ$!Z and

for a&47haf-af9 ibid;9 GM4GJ;

@YH; Irshdd9 xiii9 JZ 8ana

thi6atan daiyinan9 wa46a&&aa

ya8Onu +n4nahwiyu daiyinan P

@Y G ; The wa6f instruent of the

Ni:aiya Qadrasa of *aghdad

provided for a u6ri+ whose ran8

was be&ow that of the professor of

&aw, see QIL; @;

@Y; Quid9 GJY;

@Y@; ibid;9 GJ;

@YM; ibid;9 GJ4C;0

@YJ; Koris9 II9 GCJ;

@YY; Quid9 GY;

@Y; ibid;9 GY4;



@Y; ibid;9 GH;

8ana yu6ri+u R darih& wa4nahnu R @YC; ibid;9 GYH4G ;

asidihi su88an9 wa48ana yu6nu t @H; ibid;9 GYG4;

nisfa naharihi +G4haditha wa4nisfahu @G; ibid;9 GY;

+G4[ur+ana wa Vi&;

@M@; See Kdris9 G9 (4M!;

@MM; Ta&bis9 G GJ;

@MJ; Kdris9 i9 C (GJ4GY! , R

@; ibid;9 GY@;

@@; -or instance9 in the Tan8i:iya

$o&&ege for 7oran and "adith9 the

'rofessor of 7oranic Science was

ai



ia

J G4-adi&;

[adi

@M9 ibid;

@J; A&4Da:idi (d;H=G! got his

@MY; + 7hitat9 GG9 MG G , 8ana yaa&u nae fro being the u addib of

Rh& ( ` R niasid Ibn ash4Shai8h&! the chi&dren of Da:id b; Qansur9

the aterna& unc&e of the $a&iph

i+adanZ cited twice on the page;

@M; Khai& (-!9 G9 @G , 8ana &i



+t4ta&abati +a&aihi awa+idu

a&&iuhu

u

a&4Qahdi Z he was a&so the u addi

of the $a&iph a&4Qa+unZ Wafaydt9

V 0@;

@Y; See -IS"9 fo&s;i G@b4P GMa9 for

yaruddu +a&aihii J &4gha&at;

@M; ibid; , intafa+a bih& aa+a;

@MC; KauE in9 G, Shai8h i6ra+9

wa4Shai8h hadith9 wa4Shai8h

i & ad; ; ; ;



@JH; 7hitat9 GG9 @CG , rat t aba Rha

fadan;

@JG; ibid;9 n9 MG G , 8ana ya a&u

Rh& ( ` asid Ibn ash4Shai8hi!

i+adan yatai+u +n4nasu Rhi &i4

saa+i wa+:ih;

@J; LL9s;v;

@J@0 L/9s;v;

@JM; Supp&eent9 s;v;

8uttab

aita

@; The u+addib was a&so 8nown

to teach in a 8uttabZ Qunta:a9 VI9

G;



@; Quid9 GJ;

@C; /ead, wa4+a&aihi a +a&a

+n4nu6abd9 rather than , at6iyd9 in

Quid9 HG n;;

@H; Qateria&s9 @4C;

@G; cf; LL9 s;v; Z Supp&eent9 s;v;

@ See $adis;

@@; Quid9 GM;

@M; ibid;9 GJ;

G 0v4

G ,■



I

G

E

0;

r

r

I

G

r

i

Notes and /eferences to pages H4C



@@

@; ci;$iti9 JG;

M

of Qus&i

@J9 Kdris9 n9 MHY (4C!;

@Y9 cf; ibid;9 ii9 MH (G!9

@9 Another ter for boo8se&&er h

was 8utubi9 fro 8utub9 boo8s9 and adrasa to the university; A wor8

assii&ated

&ater9 suhuR (now the ter for



on this subect in Arabic was

ourna&ist!9 fro suhuf9 &eaves of a entit&ed +"istory of the )reat

boo8;

(!

8athiran ina +&48utubi taur&6an

&i +n4nas9 in reference to Abu

+G4-utuh c %baid A&&ah b; a&4

Quaar a&4Warra6;

@C; Irshdd9 xviii9 G;

@CH; Ibn a&4?au:i says of hi ,

was the &aw professor of the

Ahad



Is&aic %niversities+9 ()hunaia9

Quhaad c Abd ar4/ahi9

Tdri8h a&4aVt a&4is&d&ya a%8ubrd9

with a corresponding tit&e in Spanish

trans&ation, "istoria de &as grandes

universidades is&dicas9 Tetuan GCJ@!

in which the author conc&udes that

a&& higher &earning9 in eect9

aounts to university &earning

(ibid;9 I@;Z except for this ista8en

Qunta:h

and their greatest urisconsu&t in his deRnition9 which is rather a wide4

. M; spread isconception not by any

eans pecu&iar to wor8s in Arabic9

)hunaia+s wor8 is9 for the ost

part9 a Rne piece of scho&ar&y

research;! *ut higher &earning

existed in the )reco4/oan wor&d9

in *y:antiu9 in Is&a9 and in the



@CG; ibid;

[H; QIL

@C@; Qunta:a9 vii9 CJ;

@CM ; Khai& ('! 9 fo&; G@Ga;

@CJ; Irshdd9 xii9 GCG;

@CY; ibid;9 ii9 G@;

@C; Khai& (!9 fo&;iub;

@C; Qunta:a9 vi9 @Y;

@CC; Irshdd9 xv9 J;

MHH; ibid;9 vii9 M;

MHG; ibid;9 xviii9 Y;

MH; ibid;9 xiii9 G;

MH@; Qunta:a9 vii9 G;



MHM; TSS9 in9 CZ the servant+s

nae was Abu Tahir b; Shaiban b;

Quhaad of Kaascus;

MHJ; Qunta:a9 x9 G@;

MHY; Ahad b; Abi +G4Wafa+

West

cae

servitor

becae

and ufti+ of "arran Z see Khai& (-!9 G; ibid;9 MC.J^4

G9 @M; G@4 ibid 43 JH4G;

MH; ibid;9 G9 JH;



existence;

J; -or ore detai&s on the univer4

sity as a corporation as copared with

the adrasa9 see Qadrasa9 and Trust;

Y; 02=3M<J4;

; %niversities9 G9 @ n;i (by

'owic8e!;

; See chapter one9 part in9

above;

C ; %niversities9 G9 JHG;

GH; ibid;

GG; -ondations9 M4;

MH; "e was caught stea&ing9 and

his hand was cut o in punishent



Qunta:a9 x9 GMJ;

MHC; Quid9 GC4H, read9 tathir9 a

in the critica& apparatus9 instead of

tayi:Z ibid;9 GH n;@;

wu

8hidata J s4SuaisatiyZ

GM; *ridges9 esp; chapter @9 @ i;

GJ; Anou;

GY; %niversities9 in9 GZ ephasis

added; 9

G; ibid;9 in9 G H4G Z ephasis

added;

G; ibid;9 in9 GC@;



GC; 1den edited this part of

/ashda&'s wor89 see %niversities9 G9

x&iii Z the reference to Qa&&et is

ade in ibid;9 in9 GG n;i;

H ; Oxford;

i;

;

$hapter M > ; ; ;

Is&a and the $hristian West G ; -or further detai&s9 see $o&&ege;

%niversitdten; ; G $onn; @ G Y;

%niversities; @; Da&e9 @M;

u

@@



M; ibid9

J; ibid;

Y;

;

;

Notes and /eferences to pages C4M

8 ■■4

@J4YZ ephas,

%niversities9 GG9 GHJ;

op4 cit;9 GG9 GHM4J;

/eader9 JH9 and Q ) C C G Z 1co&es , 9

GGJ and n;; -or 6ara+a see a&so

pp;iMi;



II

(Wheat

Qeta&ogi6on9 G

a trans&ation

C4

@0;

@;

@@4

@M4

@J4

@Y;

@4

@;



@C4

bid;9 JY4@;

bid;9 Y@YZ ephasis added;

bid;9 YJM;

bid;9 YJ;

bid;9 YY4

bid;9 JM;

bid;

bid;9 Y@Z ephasis added;

e

Y; cf; 1co&es9 GGJ;

Y; LL9 s;v; 6arc$a & a&aih;



YC ; See above9 p; G M ;+

H; Qunta>a9 vi9 @H (

G; 1tudes9 Y@4M;

; ibid;9 YM4J;

@; ibid;9 @4C;

M; ibid;9 @C n;GHG;

bid;9 Y@4CZ ephasis added; J; See p; G above;

bid;9 YY Z ephasis added;

Y; Qan8hu&

bid;9 YMH4G Z ephasis added; 9 ; Qunta>a



MH; See n;@Y above;

MG; ibid;9 YJ4@;

M; See p; C above;

M@; Da&e9 @M;

MM; See p; C above;

MJ; Da&e9 @M4J;

; Q

Qethode ( ` )SQ!

&

G CHC4 G G Z reprint9 )ra: GCJ!; The

Rrst vo&ue dea&s with +Kie

scho&astische Qethode von ihren



:u

?ahrhunderts

Qethode i

MY; See %;S; /eports i9 p;JYM9 and ersten Anfangen in der Vater4

the bib&iography there cited; The

&eading case on the subect is

'hi&&ips v; *ury;

M; %;S; /eports G9 p; JYY9 and the

bib&iography there cited;

M; ibid;

MC; ibid

JH; ibid;9 YJ@;

J G ; %niversities9 in9 GC;



J; ibid;9 G9 JGMZ ephasis added;

J@; ibid;9 in9 GCC;

JM4

JJ4

JY;

J4

J;

JC4

YH;

ibid;9 in9 GC;

ibid;

$ounity9 GYM;

%niversities9 GG9 ;

ibid;



ibid;9 n9 YM;

ibid;9 GG9 YY;

YG; See the editor+s addition to

und beginnenden G@; ?ahrhundert+;

C; ?; A; 1ndres9 +%ber den

%rsprung und die 1ntwic8&ung der

scho&astischen Lehrethode J

'hi&osophisches ?ahrbuch9 GG (GC!9

J4C4

H; ibid;9 JC, +Kie scho&astische

Qethode ist a&so ; ; ; ein 'roduct der

Scho&asti8 se&bst+;

G; ibid;9 J;

; ibid;9 JY; Long before Abe&ard9

a discip&e of the Sophist 'rotagoras

had copi&ed +a du&& cata&ogue of



utua&&y con_icting opinions in

about the year MHH (b;c;!E 'rota4

goras +is said to have been the Rrst

the bib&iographica& note in ibid;9 GG9 person to teach that it is possib&e to

, -rederic8 n+s constitution (GJ! argue for or against any proposition

whatsoever J ; There is no 6uestion

here however of a ethod of recon4

was found by A; )auden:i who

pub&ished it in GCHZ before this

date9 it was 8nown on&y through its ci&ing pros and cons; See 1ducation9

@4

@; ibid;9 J4C;

M9 To be exact9 up to the begin4

ning of the G@ th centuryZ cf; n;

above;



revocation in G;

Y; -or fu&& detai&s9 see 1&eent;

Y@; Q%9 G@;

YM; Indicu&us9 JJM4Y9 cited in

Spanish; Y; in QL >4, partia&

-rench trans&ation in 1nseigneent9 ; J; ($abridge9 Qass

YJ; Kidasca&icon9 b8; in9 ch;Z

'L9 GY9 G c9 trans&ations in

reprint9 New Dor8 GCJ9 GCYG;!

Y; )SQ; u GG n;;

Notes and /eferences to pages M4JG



@@C

; ibid;9 i9 GG@Z cf; @J@9 s;v;

+Sic4et4non Qethode+;

; ibid;9 G9 @M4C;

C; ibid;9 G9 M4Y;

CH; ibid;9 G9 @J;

CG; ibid;9 G9 @4C;

C; ibid;9 G9 M;

C@; ibid;9 G9 MJ;

CM; ibid;9 GG9 G;

CJ; ibid;9 GG9 G@J9 and GY where

)rabann cites the Tractatus de

isericordia et iustitia of A&ger of

;



&ost;+ See a&so Schoo&9 chap9 iii9 +The

Kiusion of Abe&ardian Writings+9

YH4GH9 esp; CY, +The sheer chaos of

the varieties of the versions of the

Sic et Non constitutes an editoria&

nightare and it is no wonder that

a odern editor shou&d describe

such vo&ati&e texts as .poor.;+

GH; The so4ca&&ed +&ogica nova+;

See )SQ9 GG9 GC4H;

GH@; Qeta&ogicon G;9 c;M ('L9

cxcix9 YH! , +na sine eo (eaning

Liege (d;i G@G or G G@! as signifying *oo8 vin of Aristot&e+s Topics! non

the transition fro the canonica& disputatur arte9 sed casu+; $f; VLA9

wor8s of Ivo of $hartres (d; G G GY!

Q A; >X W V

GCH, +without this boo8 ( ` eighth



to the Kecretu of )ratian; See a&so boo8 of the Topics!9 one depends on

chance9 rather than on art9 in dis4

putation+;

GHM

GHJ

)SQ9

ibid;

$hap

GG9 GJ4GY9 where )rabann con4

siders the so4ca&&ed in_uence of



Abe&ard+s Sic et Non on the Kecretu

of )ratian as +certain&y very uch

overrated+ (+so wird dieser 1in_uss

sicher&ich sehr iiberschat:t+;!;

CY; ibid;9 GG9 G; See a&so the

recent wor8 of K; 1; Luscobe9 The

Schoo& ofAbe&ard ($abridge9

1ng&and GCYC!9 p;9 showing

Abe&ard+s in_uence on the canon4

istic oveent of the twe&fth

century9 especia&&y with respect to

)ratian+s successors;

C; ibid;9 ii9 GY n;Y;

C; See p;GG above;

CC; )-A9 MGMZ cf; Schoo&9 Y;

GHH; In his study of the extant

anuscripts of Abe&ard+s Sic et Non9

-ather *uytaert states that the

pro&ogue is represented in these

anuscripts in various &engths

(op; cit;9 MG9 MGC9 M9 MY!9 and

that in two of the anuscripts the

pro&ogue is &ac8ing a&together9 but

he be&ieves this to be +because both co4

dices are deRcient at the beginning+;

GHG; On the state of Abe&ard+s



texts9 see )-A9 &oc; cit;, +Of the

Sic et Non ten anuscripts are

8nown ;;; in the strict sense of the

word none of these ten codices is

cop&ete; Qoreover9 the ear&iest

redaction of the wor8 is not direct&y

attested to by these anuscripts , the

o&dest or certain&y the shortest

redaction in existence9 the one

preserved by the anuscript of

Tours9 presupposes yet another9 now editor9 and JHM;

GHY; ibid; Z see a&so the 1ng&ish

trans&ation of the "istoria ca&aitatu

in Adversities9 especia&&y pp; G4H9

Wi&&i

GH; )SQ9 GG9 G;

GH; OTT9 esp; J4JY;

GHC; [uaestiones9 G4Y9 which the

author sued up in a boo8



appearing the sae year9

)&ossators9 i;

no; OTT9 Y;

in; ibid;9 4C;

GG; ibid;9 C;

GG@; ibid;

GGM; ibid;9 @H;

G GJ; ibid; Z ephasis added;

GGY; ibid;9 JJ;

GG; cf; p; GHM above9 where a&4

7hatib a&4*aghdadi advised students

to eet after c&ass for this purpose;

GG; -a6ih9 GG9 G and G@G;

GGC; See -unun9 passi9 for

udha8ara as conference Z and

p;MHH et passi9 for udha8ara as

disputation; See a&so Supp&eent9

s;v; dhd8ara9 for the ter udha8ara

as conference and disputation;

GH; [uaestiones9 @J;



GG; ibid;9 @J;

G; See p; G GM above;

G@; Soes9 MYYf;9 cited in

[uaestiones9 @;

GM; Qan8hu% introduction of the

@M^

GJ0 [uaes tiones9 J;

GY; See p; G above;

G; )&ossators9 G;

G; [uaes tiones9 @J Z c2 )&ossators9 G

GC; -or the text in -rench9 see

[uaestiones9 MY;

G@H; Kisputationes 9 x&v;

G@G; ibid;



G@; [uaestiones9 G;

G@@; ibid;

G @M ; )&ossators9 G ;

G@J; ibid;9 ;

G@Y; [uaestiones9 J4CZ ephasis

added;

G@; S; Thoae de A6uino9 Sua

Theo&ogiae (Ottawa GCMG!;

G@; Sua9 G9 a, +%tru sit

necessariu praeter phi&osophicas

discip&inas a&ia doctrina haberiE

G@C; ibid; , +Videtur 6uod non sit

necessariu praeter phi&osophicas

discip&inas a&ia doctrina haberiE

GMH; +ad priu J 9 +ad secundu J 9

etc;

GMG; cf; 1infuhrung9 GH;

GM; +u&tip&icatione inuti&iu



6uaesiionu9 articu&oru et

arguentoruE

GM@; See the 'ro&ogue to the

Sua of St Thoas;

GMM; See a%Wadih9 fo&;ib, yuwa:i

R +G4idahi wa +G4basti wa4tashi&i

+&4+ibarati +&&ati ghaadat R 8utubi

+&4uta6addiin9 wa4da66at c an

afhai +G4ubtadi+in;

GMJ; ibid; , &i4ya8hrua bi4hadha

Notes and /eferences to pages JG4JC

GJ; ibid;9 YJ (J4Y!;

GJ@; ibid;9 JHC (4! Z cf; S$)9 &iber i9

cap; 9 p;MG;

GJM; -unun9 @G (Y4!;



GJJ; ibid;9 C (GH4GM!;

GJY; Wadih9 fo&; G Mb;

GJ; Ibn +A6i&9 MM>

GJ; ibid;9 M@M;

GJC; Addb9u9 GH apud -ununZ

Lata+if9 fo&;MbZ Lu6at9 fo&;b;

GYH; Khai&9 G9 GCH (G!;

GYG; TSS9 GG9 J (G!; -or an

exp&anation of this c&ai9 see

Ash+ari9 Y9 and n;;

GY; cf; his appraisa& of his "anba&i

copanions and his defence of

Ahad b; "anba&9 cited in Khai&9 G9

GM and GC9 trans&ated in Ibn 0A6i&9

MC4G;

GY>; As evidenced by the nuber

Qu



[asi

Wa&id

[asi

(of who very &itt&e is 8nown! Z see

ibid;9 s;v;

GYM; Opuscu&es9 C@ (C4GH!;

GYJ; The tit&e of this wor8 in the

-rench trans&ation of Leon )autier

(A&giers GCM! is, Traite decisif sur

V accord de &a re&igion et de &a phi&osophic;

iYY "is students after hi becae

Qu



Ash

GY; Qore recent&y9 a study was

ade of the historica& precedents of

n 4 4:

dhawi +G4i+ia

Ah& a&47a&a Abe&ard+s sic4et4non ethod by

+G4R6hiya wa Q4asa&ibi +&4furu+Iya;

Qy -rench co&&eague and friend9

Q; Louis )ardet9 has right&y

referred on ore than one occasion

to the need for studying wor8s on

usu& a&4R6h as we&& as 8a&a in



order to get a ore cop&ete

picture of Is&aic theo&ogyZ see

especia&&y his Kieu et &a destinee de

Vhoe ('aris GCY!9 Index G9

+teres techni6ues J 9 MCJ9 s;v;

GMY; Wadih9 foLHa;

GM; )SQ9 GG9 @M;

GM; -unun9 @H (J4Y!;

GMC; ibid;9 MJH (GY!;

GJH; ibid;9 YJ (G!;

GJG; ibid;9 YJ (M!;

1renegi&do *erto&a9 Abe&ardo9 JJ4

H; The author conc&udes that the

ethodo&ogica& precedents of the

sic et non of Abe&ard show how the

ethod of coparison of >various

and apparent&y opposed patristic

texts was used for scriptura& exegesis

in the theo&ogica& schoo&s at the

beginning of the Gth century9

especia&&y in that of Laon9 a ethod



which in turn derived fro the

exegetica& ethodo&ogy of the

$aro&ingian period; It was a ethod

used especia&&y when dea&ing with

di\cu&t 6uestions in bib&ica& texts;

To avoid disputes aong the

asters9 there was recourse to the

testiony of patristic texts; In the

Notes and /eferences to pages JC4Y@

@MG

schoo& of Anse& of Laon9 in the

G th century9 the ethod was

odiRed or perfected with respect

to what it was in the $aro&ingian

period; Whereas previous&y it was

used for the &iterary exegesis of the

bib&ica& texts9 with Anse& it was

app&ied to individua& 6uestions;

With



went further deve&opent9 becoing GJ

the author is said to have died after

YYG=GY@; It is &i8e&y that he died

after YY=GH9 since Ibn Abi

%saibi+a9 who died in that year9

does not have a date of death for

the author in the biographica&

notice devoted to hiZ cf; n;C@

above;

GM9 cf; + %yun9 passi;

"e refers to the not as +the

systeatic

exegesis9 not a pure&y textua& one Z

in his Sic et Non9 the coparison of

patristic texts has a &ogica& and

systeatic order; Thus 1; *erto&a

traces the sic4et4non ethod bac8

to a ethod of exegesis used at the

beginning of the Gth century9



which was derived in turn fro a

ethod of exegesis used in the Cth

century; The author a8es no

ention of the canon &awyers

*erno&d of $onstance and Ivo of

$hartres Z the &ega& antecedents

discussed by )rabann are passed

over in si&ence;

GY; )SQ9 G9 G@;

GYC4 ibid;9 i9 G G@ (see a&so p4@J@3

+Sachregister+9 s;v; +Sic4et4non

Qethode

Saracens J 9 but as +the pagans+9 but

?ohn of Qeung speciRes +Saracens+

in his trans&ationZ e&nte&&eciue&s9 M;

GY; The passage in 6uestion reads

as fo&&ows in the trans&ation of ?; T;

Quc8&e9 Adversities9 YM, +)od 8nows9

I fe&& into such despair that I was

ready to depart fro the $hristian



wor&d and to go to the Saracens9

there9 by paying whatever tribute

was deanded9 to &ive a $hristian

&ife aong the eneies of $hrist; I

thought that they wou&d be better

disposed towards e as they wou&d

suspect fro the charges ade against

e that I was not a $hristian and

so wou&d be&ieve that I wou&d there4

fore be ore easi&y induced to oin

their re&igion+ (ephasis added!;

? + < < +.

Qus&is9 sae passage diers s&ight&y and

?

who states regretfu&&y that 'hotius

points out that the ter was



+pagans+ but speciRed as +Saracens+

hise&f has not &eft us any report on by ?ohn of Qeung

this ission; -or an ana&ysis of the

note!9 in Inte&&ectua&s9 M, ++ai songe

African

ru&es of reconci&iation as e&aborated a 6uitter &e tern oire de &a chretiente

by 'hotius9 see ibid;9 in9 C4@GC4 et 0 '0 che: &es ' ai f s a&& f 0

GH; -or a ready &ist of such wor8s9 Sarra:ins9 precisera &a traduction de

+ ?ean de Qeung! pour y vivre en paix

et9 oyennant tribut9 vivre en

$hretien pari &es enneis du

n $hrist+ (ephasis added! ;



ornc>0>4 9 s G; 'ars C @J9 and n;i ;The ter

a $hristian who 8new Arabic9 Latin +superior+ was Rrst ep&oyed by

and )ree89 and spent ost of his '5

see Trans&ation;

GG

born around GHGH4GJ9 in $entra&

Africa

Qonte

&ife trave&&ing as a erchant or a

A&exander

Noveber



Qidd&e

f Theo&ogy

uiy X 0 0<w9 4e becae app&ied to a&& three facu&ties In the

a on8 and died in the *enedictine cereonies and processions the three

house of Qonte $assino in Ita&y

where he had trans&ated a great

nuber of Arabic wor8s into La

G; 7 %yun9 YY;

G@; )AAN9 GH9 no;GG (G!; T

wor8 is cited in 7ashf9 G9 @9 w&

cae



-acu&ty of Arts; cf; Arts9 MC n;i;

G; d;/%9J;

GC; Sa&erno9 G i;9 GH4G;

GH; %niversities9P9 GM;

> a v M

e

Itt

@M

G; ibid;

G@;

GM;



GJ;

GY;

G;

G;

GC;

Arts9 GM4GJ;

bid;

bid;

bid;9 GY;

bid;9 H;

bid;

bid;9 C;

Notes and /eferences to pages Y@4M

@ et passi; -or the regent9 cf; a&so

)raar9 GG9 G G@9 /ear8 b;



GJ4

GY;

GCH; Qethod9 YM and n;@YZ Inter4

action9 C;

GCG; Qethod9 YMC;

GC; Arabic s; @CHG;

GC@ See the anuscript text in

"and&ist9 '&ate no; GYZ ephasis

added;

GCM; %niversities9 G9 GHC;

See )AL9 G9 9 SuppL G9 JH@;

Is&a en4

copasses re&igious atters9 as we&&

as atters po&itica&9 socia&9

econoic9 criina&9 civi&9 and

ethica&; A fatwa ay be in answer

to 6uestions invo&ving these atters Z

by extension it ay be in answer to



other 6uestions9 for instance9

graar;

G; %niversities9 G

and ;

G; cf; 1ducation;

GC0 1co&es9 Y;

G9 notes G

GCJ9 ibid;9 r9 GMZ ephasis added; H; ibid;9 Y;

GCY; ibid;9 G9 G GH;

GC; ibid;9 G9 G GH n;@ in brac8ets9

G; %niversities9 G9 C;



; ibid;9 G9 @HM;

nd co&un9 editor+s note by A; *; @; ibid;9 G9 G4;

1deri Z ephasis added;

M; ibid;9 G9 ;

Qanacorda

GC; Supp&eent9 s;v; short m+%rn ash4 J; ibid;9 G9 GM@; 'owic8e points

shurut, Vart de dresser des contrats!;

GCC0 cf; Studien9 GG9 @@ n;i;

HH; 7ashf9 s;v; shurut;

HG; Supp&eent9 s;v; waththa6a,

+ (Vart de! dresser des actes9 des contrats C ;



H 7ashf9 GHMJ;

H@; ibid;

HM; ibid;9 @C;

HJ;

HY;

H9

H;

See p; H G and n;JM above;

Are::o9 M;

ibid;9 MY;

ibid;9 M@;

HC; Arts9 @MZ ephasis added;

GH; Wafayat9 n9 CJ , ya6u&u

+sh4shi e ra 0a&a tari6ati +G4fu6aha+;

GG ; )AL9 G9 9 Supp&; G9 M;

G; 1xtraits9 @C4MH;

G@; ibid;9 MJ;



(Scuo&a9 G9 esp; GC4YM! strong&y +

opposed /ashda&&+s view; Qana4

corda be&ieved that the &icentia

docendi existed everywhere as the

&in8 between the cathedra& schoo&s

and the universities9 whether at

'aris9 *o&ogna or e&sewhere; Whi&e

'owic8e tends to sypathi:e ore

with Qanacorda than with /ashdaL

in this regard (cf; %niversities9 G9 GMJ

n;@!9 he does not subscribe to his

conc&usion as a +universa& truth+ Z see

'owic8e+s +Additiona& Note to

$hapter i+9 ibid;9 G9 G9 where he

says Qanacorda+s conc&usion +that

the edieva& universities were in

origin .trasfora:ioni de&&a scuo&e

GM; *ahth9 @@Y; -arhat+s deRni4 vescovi&i. i;e;9 deve&opents fro

tion is ta8en fro the graar of the cathedra& schoo&s cannot be

Ibn a&4"aib (d;YMY=GM!; See a&so &itera&&y accepted as a universa&



7ashshdf9 GHMJ s;v; >i&, huwa +inda truth+; 'owic8e goes on to say that

+n4nuhatia auaba 8auna a8hiri

+G48a&iati +a&a wahin a8hsusin

ina +&4i0rab (according to the

graarians9 the regent is that

which necessitates the ends of words

to ta8e a particu&ar syntactica&

though this was true of 'aris9 +it

cannot be estab&ished9 on existing

evidence9 in the cases of Oxford and

Qontpe&&ier+9 and +the asters who

taught at *o&ogna had (no.& con4

nection with an episcopa& schoo&+;

in_ection!; -or Sibawaih9 see )AL9 Y; ibid;9 G9 GMJ;

;

;



ibid;9 G9 G4@;

ibid;9 G9 @@Y49 and n;i;

G9 GHG (+Sein 7itab ist die a&teste

:usaenhangende Karste&&ung

der arabischen )raati8+! Z on

the regie9 see his 7itab ($airo!9 GG9 @H; ibid;9 GG9 G;

C; ibid;9 in9 @;

u

Notes and /eferences to pages M4CC

@M@



@G; ibid;9 ii9 GM;

@; ibid;9 GG9 Y;

@@; ibid;9 G9 4@;

@M; ibid;9 G9 JCG4;

@J4 / %3 0M4

@Y; Lehrwesen9 G;

@; Abe&ard9 Y;

@; Kisertaciones9 G9 esp; p;M@ and

end of note on fo&&owing page;

@C; %niversities9 G9 @ n;i (by -;

'owic8e!;

MH; The ia:a has traditiona&&y

been connected with hadith and

$onc&usion



QL >M;G4Z

IW;

A Q1

InRx

Q

M; ?urisprudence y G@M; I a

indebted to 'rofessor Kaas8a9 of

Da&e %niversity Schoo& of Law9 for

bringing this wor8 to y attention;

J ; 1xtraitSy JHJ4Y Z ephasis added;

Y; -oration y @H;

/e&igion 9 C;

; Such factors were the subect



discussed as a certiRcate of authori:a4 of a syposiu at the %niversity of

tion to transit hadith9 rather than *ordeaux in GCJZ see $&assicise;

as a &icence to teach &aw9 or to issue

fatwas for th6 instruction of the

&aity; ?u&ia& /ibera9 the Rrst to

discuss the atter at &ength9 treated his Itihad;

it as authority for transitting

Qy

with that of y friend and co&&eague9

W; Qontgoery Watt

hadith, the ia:a or &icence9 he said9



+is not a fora& docuent in which

the fact of teaching is recorded9 but

rather a docuent of authority

granted by the aster in favour of

his discip&e+ (no es un acta donde se

consigna e& hecho de &a ensenan:a9

sino un docuento de autoridad

Appendix A

i9 ? ai0 atZ Q1Z *ib&ic

; "Wy MH;

@; ISL and 1QI;

M; %niversities y G9 xxxix

J; ibid;9 G9 x&i;

Y; ibid;9 G9 C n;@;

expedido por e& aestro en favor de ; ibid;9 GG9 GH;

su discipu&o!; See 1nsenan:a9 @@J



(G4GC!; The present writer has

heretofore treated the ia:a as a

; KisertacioneSy G9 M@ n;;

C; ibid;9 @@M4M^4

GH; %niversities9 G9 @ n;i;

&icence to teach a boo8 or boo8s9 not GG; See p;J above;

X 0 M

a Re&d of 8now&edgeZ see Law9 C

(Y4! Z but this is not true of the

Re&d of &aw;

MG %niversities9 G9 Y9 @G for the GM; $IA9 J@ n;@;

G; Kisertaciones9 &oc; cit;

Aong the )o&d:i



section M be&ow;

who&e cereonia& invo&ved in

becoing a professor at *o&ognaZ

and ibid;9 G9 @49 and /% 3 @^4

exa

&ecture in *aghdad9 see -unun9 H Z

a&so9 ibid;9 Y@C9 for the disputations 9 ;

which too8 p&ace on the occasion of H; ibid;9 &oc; cit; Z ephasis added

GJ; ibid;9 JM n;@ and JJ;

GY; Ash0 artZ and Ibn EA6i&9

chapters in and iv;

G; $IA9 YH;



G; ibid;9 JY;

GC; ibid;9 YH;

the ourning cereony (+a:a+! on

beha&f of a&47a&wadhani;

G; ibid;9 &oc; cit;Z ephasis

Qon

M; The boo8s on &aw are divided c Sa&u6E

into two sections, an+s duties

toward )od9 +ibadat9 and an+s

duties toward an9 u+aa&at;

M@; 'aris9 GYH;

MM; ibid;



; ibid;9 J;

@; ibid;9 J4C; +

M; -or the Latin text9 see ibid;9

JC n;M9 6uoted fro -e&ix -aber9

1vagatoriu9 ed; "ass&er9 in9 M;

J4 $IA9 JC4YH;

Y; ibid;9 YH;

; ibid;9 Y@4M;

@MM

; ibid;9 YJ;

C; Koge9 p;v;

@H; Vor&esungen;

@G; VI-;

@ ; Vor&esungen9



e

@@; QIL

passage in

and its trai

Notes and /eferences to pages CC4@G G

@; Instead of, +containing0;

@C; ibid99 &oc; cit;9 section f9 @9

'4@JM04 Z

MH; ibid;9 &oc; cit;9 p;@J@b;

Ee9 CZ MG; ibid;9 section f9 Ma9 p;@Ja;

M; ibid9

►r the M@; The section of 'edersen+s

ta& text artic&e in 1I on the +Qasdid J dea&ii



with the adrasa was abridged for

E

E

@M; LuaE (G@!9 (G!9 GJ (M9 use in S1I9 s;v; +Qadrasa

Y!9 i(i!9 M Y(M!;

@J

Khai&



@Y; -or the ters of the wa6f

deed9 see Qunta:;a9 ix9 YYZ no

ention of the ters in 7di&9

Qir+ at9 or *iddya; -or detai&s con4

cerning the wa6f9 see Qunta:;a9

viii9 JYZ &ess detai& in Qir+ at9 foi&

G ib4 G aZ no ention in 7di&9

*iddya9 sub anno MY h; -or an

1ng&ish trans&ation of the extant

deed9 see QIL9 @;

@; 1I9 s;v; +asdid+9 section f9

M03 '4@J4

MM; *ib&iothe6ues9 GJ@4M;

MJ; ibid;9 GYG Z cf; Qonde9 @H;

MY; *ib&iothi6ues9 GJM;

M; ibid;9 issf-;

M; ibid;9 GYG;

MC ; QIL;



JH; Ibn 0A6i&9 chapters GG and in;

JG; See p; J above;

J; cf; Ibn t A6i&9 MJ;

J@; Irshdd9 xi9 Z cf; p; G above;

JM; See p;G above;

JJ; See As7ar&9 esp; p;o;

JY; QIL9 JM;

J; ibid;

; >;;

■t

@MJ



*I*LIO)/A'"D

Abe&ard, ); $opayre; Abe&ard and

the Origin and 1ar&y "istory of

%niversities; London GC@;

Abe&ardo, 1; *erto&a; +I 'recedenti

storici de& etodo de& + +sic et non

Qa

33

-i&osoR

Neo



Qu_ih

Shar+iya wa +&4inah a&4ar+iya9 @

Qanar 'ress

Qa6disi

GM4C=GCC4@H4 r ?

Adonition, Le Livre de I adonition9

-rench trans&ation of Sh&ra:&+s

7itab at4 Tanbih9 M parts; A&giers ,

La Qaison des Livres G@Y=GCMC4

Adversities, ?; T; Quc8&e; The Story

o Abe&ard+ +s Adversities; Toronto

GCYM;

Ah8a , Abu Da+&a; a&4Ah8a as4

+Su&tan&ya; $airo, at4"a&abi 'ress

G@J=GC@;



AIS) , Arabic and Is&aic Studies in

"onor of "ai&ton A; /; )ibb9

ed; ); Qa8disi; Leiden, 1;?;

*ri&& GCYJ;

A+ &a , Taiur 'asha; A"a a&4R8r

a&4Is&di; $airo , Lanat a&4

Qu+a&&afat at4Taiiiriya G@=

AQ1, N; Kanie&; The Arabs and

Qediaeva& 1urope; London4*eirut ,

Longan4Librairie du Liban

Anou,+; Q; *ienvenu; +-ondations

char itab&es &ai6ues au x G i e siec&e ,

&+1xep&e de &+Anou+9 in 1tudes

sur Vhistoire de &a pauvrete (Qoyen

Age4xvi e siec&e!9 ed; Q; Qo&&et9

'ub&ications de &a Sorbonne sene

+1tudes+9 Toe 9 vo&s; 'aris

GCM;

Ansdb , as4Sa+an&9 +Abd a&47ari

b; Quhaad; a&4Ansdb; Vo&s;

i4vi; "yderabad, Ka+irat a&4

_ arifat a&4a6d&i9 ed; Q; ?; de



)oee; Leiden, 1;?; *ri&& GCHY;

Are::o , "; Wierus:ows8i; + Are::o i

the Thirteenth $entury+9 'o&itics

and $u&ture in Qedieva& Spain and

Ita&y; /oe , 1di:ioni di Storia e

Letteratura GCG9 pp4@ 4MM4

Arts , L; 'aetow; The Arts $ourse at

Qedieva& %niversities with Specia&

/eference to )raar and /hetoric9

in The %niversity Studies9 %niver4

sity of I&&inois9 vo&; in9 pp4MC G .

YM (separate pagination used!;

Ash+ar&, ); Qa8disi; +Ash+ari and

the Ash+arites in Is&aic /e&igio

"istory+9 in Studia Is&aica9 xvn

(GCY! pp;@4o9 and xviii

(GCY@! ''4 G C4@C4 ;

Atibbd. , Ibn Abi%saibi a; %yun

a&4anba+ R faba6dt a&4aRb& .

Ni:ar /ida; *eirut , Kai

tabat a&4"ayat GCYJ;

Ausbreitung , "ein: "a&; Kie

Ausbreiiung der QR+itischen /ech

schu&e von den Anfdngen bis :u

?ahrhundert; Wiesbaden



Qa8

L;/eichert GCM;

aphs

in Tur8ish Libraries+9 in Oriens9

vi (GCJ@! ^@4C^4 9 9 ; ;

ihth, ?; -arhat; 7itab *ahth a&4

ata&ibR +i& a&4arab&ya; *eirut

The $atho&ic 'ress GCC;

?

i u8hd&if



hab; Arabic s; GH9 7opru&ii

Library9 Istanbu& (fo&; GC4@!Z

and Arabic s; (no nuber! ii

a&4Qadrasa a&4[adiriya (of +A

a&4[adir a&4?i&ani! in *aghdad

*1O , *u&&etin d+ +1tudes Orienta&es;

nZhiZ n th3ip5 D; 1che; Les *ib&io4

@MY

t

the6ues arabes pub&i6ues et sei4

pub&i6ues en Qesopotaie9 en Syrie e

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pifd GCY (pub&ished post4

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*iddy a, Ibn 7athir; a&4*iddya wa

nihdyaf



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x C@C4

*I-AO, *u&&etin de VInstitut -rancois

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*ridges, Q; N; *oyer; Qedieva&

-rench *ridges, A "istory; )a4

bridge9 Qass; , The Qedieva&

Acadey of Aerica GCY;

*SOAS, *u&&etin of the Schoo& of

Orienta& and African Studies;

$adis, L; Qassignon; +$adis et

Na6&bs bagdddiensE in W27Q9 Li

(GCM! GHY4GJ;

$AQ, /; Qach; $ata&ogue of Arabic

Qanuscripts ( Tahuda Section!9 in the


%niversity Library; 'rinceton ,

'rinceton %niversity 'ress GC;

$ertiRcates, '; Qac8ay; $ertiRcates of



Qa6ddt of "t

Qanuscript of the

Adab GHJ!; 'hi&ade&phia,

Aerican 'hi&osophica& Societ

GCG;

$ertiRcats, ); Vada; +[ue&6ues

certiRcats de &ecture dans &es

anuscrits arabes de &a *ib&io4

th26ue Nationa&e de 'aris+9 in

Arabica9 G(GCJM! ''4@@4M;

$hrono&opie, Q; *ouvcres; 1ss at dp;

*ib&iography

Vhistoire de V Is&a; 'aris , *esson



et $hanteer&e GCJ;

$ounity, /; Q; Qac&ver;

$ounity , A Socio&ogica& Study;

London, Qaci&&an GCM;

Kdaghdn&, ); Qa8disi; +KdaghdnV

artic&e in 1I 9 s;v;

Kdris, an4Nu+aii; ad4KdrisR

tari8h a&4addris9 vo&s;

Kaascus , 'ub&ications of the

Arab Acadey9 G@Y4H=GCM4

GCJG4

Kau+ , as4Sa8hawi; ad4Kau y a&4&dV

&i4ah& a&46arn at<tdsiE G vo&s;

$airo, a&4[udsi 'ress G@J@4J;

Khai&, Ibn /aab; Khai& +aid

Taba6dt a&4handbi&a; Vo&; G on&y9

ed; "; Laoust9 S; Kahan;



Kaascus, pifd GCJG;

Khai& (*! , a&4*aba9 Isa e i& b;

Quhaad; Iddh a&4Qa8nunR

+dh4dhai& +aid 7ashf a>:unun;

Istanbu&, Qa+arif 'ress G@YM4Y=

GCMJ44

Khai& (-! , Ibn /aab; Khai& +aid

Taba6dt a&4handbi&a9 vo&s; $airo ,

as4Sunna a&4Quhaadiya

'ress G@=GCJ@;

Khai& ('! , Ibn an4Naar; Khai&

tari8h *aghdad9 s; Kaascus9

ahiriya9 Tari8h M;

Khai& (! , Ibn an4Naar; Khai&

tari8h *aghdad; 'aris9 *ib&ioth26ue

Nationa&e9 Arabic s; G@G;

Kia&ecti6ue, ); Qa8disi; +Le Livre

de &a dia&ecti6ue d+Ibn 0A6i'9 in

*1O9 xx (GCY! pp; G GC4HY;



chrono&ogie desceuvresde a&4)ha:a&i Kiary, Ibn a&4*anndE +Autograph

it, Kiary of an 1&eventh4$entury

"istorian of *aghdad+9 in

*SOAS9 xv (GCJY! pp;C4@ G 0

9 < ; ; Q

Iprierie $atho&i6ue GCJC;

$hrono&ogy, ); "ourani; +The

$hrono&ogy of )ha::a&i+s

Writings+9 in ?AOS9 &xxix9

''4J4@@;

$IA , Q; van *erche; Qateriaux

''4?@4M (JH4GHM!9 pp

(GHJ4JH!9 pp;MY4M@ (

J!;



pour un corpus inscriptionu Arabi4 Kidasca&icon, "ugh of St Victor9

coru9 xix (GCM! ''4 JM4YJ

no; G Y!;

entary

Kidasca&icon9 in 'L9 vo&; GY9

pp;@C4HC;

$ite, L; )ardet; La cite usu&ane ,

Vie socia&e et po&iti6ue; 'aris, ?; V

0CJM4

$&assicise, /; *runschvig and

); 1; von )runebau (eds!;



$&assicise et dic&in cu&ture& dans

Qadrid

G9 pp;4@JC, +La 1nsenan:a

entre &os usu&anos espano&es+9

reprinted fro Kiscurso &eido en &a

%niversidad de >arago:a en &a

so&ene apertura de& curso acadiico

?9

■



i

If

G

*ib&iography

de G[@ a igM; arago:a9 Avino

GC@;

Kisputationes , ?; Wariche:; Les

Kisputationes de Sion de Tournai;

Louvain GC@;

Kiwdn, Ki+bi& b; +Ai& a&47hu:a+i;

Kiwdn9 ed; c Abd as4Sahib ar4

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Kocuents, ?; Wa8in; The -unction of



Kocuents in Is&aic Law (partia&

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Shurut9 with Introduction and

Notes!; A&bany9 N;D; , suny

@M

Qiner

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Le

-A , a&4An6arawi9 Quhaad a&4

"usain9 -atawd a&4An6arawi;

$airo, *u&a6 G G=GYM;

-0A , a&40 A&agir&; a&4-atdwd a%



t A&agir&ya ( ` a&4"indiya! 9 Y vo&s;

$airo, a&47asta&iiya 'ress G=

GYJ;

-a6ih , a&47hat&b a&4*aghdad&; a&4

-a6ih wa "4utafa66ih; s;

ahiriya Library9 Kaascus9

usu& ?9 JJ pagesZ edited by

Shai8h Isa+i& a&4Ansar&9 vo&s;

$airo, Kar Ihya+ as4Sunna an4

Nabaw&ya i@CJ= I CJ4 ( The

anuscript9 used before the

&oi de V Is&a9 trans&ated by -; Arin; edition was pub&ished9 is the Rrst

'aris, '; )euthner GCH;

Kuya, a&4*a8har:i9 +A&& b; a&4



"asan; Kuyat a&46asr wa4usrat

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Tabba8h; A&eppo G @MC4G C@H;

Kurar, Ibn "aar a&4+As6a&ani;

ad4Kurar a&48ainaR ay an a&4Va

ath4thdina9 ed; Quhaad

Saiyid ?add a&4"a669 J vo&s;

$airo , Kar a&47utub a&4"ad&tha

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1co&es, ); 'are9 A; *runet9 ';

Treb&ay; La /enaissance du ]II e

siec&e, Les 1co&es et Venseigneent;

'aris4Ottawa, ?; Vrin4Institut

d+1tudes Qedieva&es GC@@;

1I, 1ncyc&opedia of Is&a9 Gst edition

pedia of Is&a9 nd

Qa8disi; 0 An Is&aic

1&eent in the 1ar&y Spanish

In_

edition;



cited when both anuscript and

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--, a&4-ir8ah9 Abd ar4/ahan b;

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*ib&iography

i:dt, a&4Qunaid9 Sa&ah ad4Kin

+Ia:at as4saa0 R +&4a8hmutat+

in Qaa&&at Qa had a&4Qa8hfufdt

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@MC

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pp;YJ4;

?

?;Q



?5

4fad&ih9 vo&s; Qedina

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Sayih; The Institutions of

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Lu:ac $o; GC@;

Istihsdn, Ibn Tai&ya9 Ta6i ad4Kin;



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Tai&ya+s Autograph Qanuscript

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'L9 cxxi;

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Orienta& Society;

?ada&, Ibn e A6i&; 7itdb a&4?ada&9 in

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HY;

? ai G at, )hunaia9 Quhaad

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Insdf, a&4Qardawi9 0A&i b; Su&aian; )randes %niversidades Is&aicas!;

a&4Insd\ drifat ar4rdih in

a&48hi&df ed; Q; "; a&4-i6i9 G



vo&s; $airo , as4Sunna a&4

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&e&&ectue&s , ?; Le )of-; Les Inte&4

&ectue&s au oyen age; 'aris GCJ;

teraction, ); Qa8disi; +Interaction

between Is&a and the West+9 in

Qedieva& 1ducation in Is&a and the

West9 ed; ); Qa8disi9 Koini6ue

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$o&&o6uia of La Napou&e9 Vo&; G;

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@^C4

Tetuan GCJ@;

?dwdhir, Ibn Abi J G4Wafa

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hanafxy

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?

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Irshdd

GCGM;

?udiciaire, 1; Tyan; "istoire de

V organisation udiciaire en pays

d+ Is&a9 vo&s; 'aris, Librairie du

/ecuei& Sirey GC@4M@;

irisprudence , A; A; 1hren:weig;

'sychoana&ytic ?urisprudence; Leiden

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7di&, Ibn a&4Athir; a&47di&R

"4tdri8h9 C vo&s; $airo, Quniriya

'ress G @M= G CC;

7ashshdf, Tahanawi; 7ashshdf

isR&dhdt a&4funun9 vo&s; $a&cutta,

Asiatic Societv of *enga& GY;

if at a&4adib9 ed; A; -; ar4/ifa 7ashf, "a& 7ha&ifa; 7ashf

@J^

i wa "4R

Qa+arif

G@YY4=GCMG4@9

&itaf , a&4Qa6r&:i; a&4Qawd+E

"i %ibdr bi4dhi8r a%8hitat wa



C &4dthdr9 vo&s; $airo , *u&a6

G H= G JMZ reprint9 *aghdad9

Quthanna;

*ib&iography

1ng&ish >Lexicon; $onstantP nop

"; Qatteosian GCG;

Lua , ash4Sh&ra:i9 Abu Isha6;

a&4Lua _ usu& a&4?i6h; $airoZ

Subaih 'ress G@M= GCC;

Arabic

?

-

Library

Ain

atharf



Quhibbi9 Quhaad Qadrif, Ibn [utaiba; 7itdb a&

E3; -ad& A&&ah; 7hu&dsat adrif9 ed; -; Wiistenfe&d;

+ ay an a&46arn a&4hdd& )ottingen G JH;

Wahb&ya Qaddris, Tad c Abd as4Sa&a

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reprint *eirut, Kar Sadir;

7itdb, Sibawaih9 a&47itdb9 vo&s;9

/a+uf; Qaddris *aghdad _ t & t asr

a&4abbds&; *aghdad, Kar a&4*asri

'ress9 G @Y= G CYY;

ed; "; Kerenbourg9 vo&s; 'aris9 Qadrasa, ); Qa8disi; +Qadrasa

?



G G 4CZ and vo&s; $airo, *u&a69

G@GY4G=GC4GCHH;

V Aaire, ); Qa8disi; +Nouveaux

detai&s sur &+aaire d+Ibn j A6i&09

in Qe&anges Louis Qassignon9 @ voL

'aris4Kaascus, pifd GCJ9 in9

pp;CG; GY;

Lands, ); Le Strange; The Lands of Qanuscripts, S; Q

Qidd&e

a (Qe

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Qan8hu&, a&4)ha::a&i; a&4Qan8hu&

Q



Kaascus

the 1astern $a&iphate; $abridge

%niversity 'ress GC@H;

Lata+ if , Ibn a&4 ?au:i; a&4Latd+if

Arabic s; H (!9 7opru&u

Library Istanbu&;

Law, ); Qa8disi; +Law and Trad

tiona&is in the Institutions of

Learning of Qedieva& Is&a+9

Theo&ogy and Law in Is&a (Wies4

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?

Qanuscripts of Abu V A&a+a&4

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Qar6u, Abu Shaa; 7itdb a&4

ar6u; Arabic s; @@H9 $hester

*eatty Library9 Kub&in (un4

fo&iated! ;

Qateria&s, A; S; Tritton; Qateria&s

on Qus&i 1ducation in the Qidd&e

Ages; London, Lu:ac GCJ;

Q1, Ahad Sha&aby; "istory of

Qus&i 1ducation; *eirut i6>a;

den %rsprung und die 1ntwic84 Qeta&ogicon , ?ohn

&ung der scho&astischen Lehr4

ethode+9 in 'hi&osophisches

?ahrbuch9 GG (GC! ''4J4C4

Lehrwesen, K; "aneberg; Abhand&ung

iiber das Schu&4 und Lehrwesen der

Quhaedaner i Qitte&a&ter;

Qunich GJH;

Licentia, ); 'ost; +A&exander in9



?oannis Saresberiensis Qeta&ogicon

ed; $; $;?; Webb; Oxford,

$&arendon 'ress GCC;

Qethod, ); Qa8disi; +The Scho&a

Qethod in Qedieva& 1ducatioi

0+0

5 2

The Licentia Kocendi. and the Q)

An In6uiry into its Origins in Law

and Theo&ogy+9 in Specu&u9 x&ix

(0CM! pp;YMH4YG;

/ise of the %niversities+9 in $; ";



"as8ins Anniversary 1ssays in

Qedieva& "istory9 ed; $; "; Tay&o

and ?; L; LaQonte; *oston GCC;

''4JJ 4

L, 1; W; Lane; An Arabic41np&ish

of "ugh of St Victor, A Qedieva&

)uide to the Arts9 trans&ated by

?; Tay&or; New Dor8, $o&ubia

%niversity GCYG;

QI, ); 1; von )runebau;

Qedieva& Is&a , A Studv in $u&tura

Lexicon9 *oo8 G in parts; London, Orientation9 nd ed; $hicago, The

Wi&&ias and Norgade GY@4C@; %niversity of $hicago 'ress GCJ@;

G, ?; W; /edhouse; A Tur8ish and QIL, ); Qa8disi; +Qus&i

*ib&iography

Institutions of Learning in



1&eventh4$entury *aghdad+9 in

*SOAS9 vo&; M (GCY G ! pp; G 4JY;

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■-isa&f

@JG

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(GCJHs4 G CYHs!;

Quid, as4Sub8&9 Ta ad4KIn; Qu

an4nia wa4ubid an4ni6a;

Arabic text9 introduction and

W; Qyhran;

Qunta8hab



"4ahw wa +n4niha&!9 J vo&s; $airo, London, Lu:ae GCH;

a&4Adab&ya 'ress9 G@ G4G =i CC4

iC@^4

Qinhd, an4Nawawi9 Quhyi +d4Kin;

Qinhd

Qouton

W

G4M;

?

Qir+ at, Sibt Ibn a&4?au:i; Qir at



a:4:adnR tdri8h a&4aydn; 'aris

QS; GJHYB0>

Qi:dn, a&4)ha::a&&; Qi:dn a&4+aa&

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G@4=GCHC4GH;

Q?, Abdur /ahi; Quhaadan

?urisprudence; Lahore, 'unab

1ducationa& 'ress G CJ Z reprint

of the origina&9 Qadras GCG G ;

QL-, A; A; A; -y:ee; Out&ines of

Quhaadan Law; London ,

Oxford %niversity 'ress GCMC;

QLV, S; Vesey4-it:gera&d; Quha

-aris&; Qunta8hab

"istories of Nishapi

-rye; The "ague ,

Qunta:a, Ibn a&4?au:i; at4

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Qonde , )audefroy4Keobynes;

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Q[N, Na& Qa+ruf; Qaddris 6ab&

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Arab Acadey 'ress G @C@=



GC@4 9; f

Q%, A; *; $obban; Qedieva&

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Organi:ation; London, Qethuen

prati6ue du droit usu&an; *eirut ,

St 'au& 'ress ("arissa! GCMJ;

Nu:ha, a&4Anbari9 Abu +G4*ara8at;

?Sfu:hat a&4a&ibba0 ft + taba6dt a&4

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Qu+ a&& aft

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$&arendon 'ress GC@;

Oxford, $; 1; Qa&&et; A "istory of

Quft



Qethuen

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ifti; $hester *eatty Library9 'aris, $; Thurot; Ke V organisation de

Arabic s; no;@MJ (fo&s;

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'atricians ofNishapur; $abridg

Qass; , "arvard %niversity 'res



GC;

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'hotius,?; "ergenrother; 'hotius9

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%niversity 'ress GCG;

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vo&s; Oxford GCHC;

'rofesseurs , K; Sourde&; +Les pro4

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ahiriten, I; )o&d:iher; Kie

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&ated with introduction and notes

by K; K; Qc)arry; *er8e&ey4

)rand prince usu&an de Syrie au

teps des $roisades (JGG4YC=GGG4

GG M!3 @ vo&s; Kaascus, pifd

GCY;



@JJ

INK1]

A&4+Abbadi9 GY

4?ubba

+Abbasid9 GY9 C9 0J@3 0JM3 C3 @^C3 Aba 5A & ar4/udhbar&9 G

@@9 n;GJJ

+Abd A&&ah b; Ahad ad4

Kaaghani9 G@9 G G

0 Abd A&&ah b9 a&4Qubara89 G9 G,

os6ue of9 G@

+Abd a&4+A:i: an4NasaR9 GH

+Abd a&4)haRr a&4-arisi9 GC9 9 @9



C9 GM9 GCY9 GC

+Abd a&4?abbar9 GJ9 GY9 G@

+Abd a&4Latif a&4*aghdadi9 M9 J9

Y99 GH@9 J

+Abd a&4Qu+ni b; Quhaad of

)ranada9 GM

+Abd a&4[adir a&4?i&ani9 G

+Abd a&4[ahir a&4*aghdadi9 Y

+Abd ar4/ahan b; +%ar a&4

*asri9 G G

Abe&ard9 G@H9 MY9 M9 M9 MC9

Abu +A&& ash4Shash& (Ahad b;

Q

Abu +A&& at4Tabari (see Tabari9 Abu



+A&&!

Ta&i

Abi QuP

Abu +A&& b; 7hairan9 HH

Abu Ar b; a&4+A&a+9 GHH9 GH9 G@

Abu Ar Isha6 b; Qirar ash4

Shaibani9 GJM

Abu *a8r ad4KInawari9 CG9 C9

GH9 iC Y 3 @ 9 n4@^M

Abu *a8r a&4*a6i&&a9

Abu *a8r a&47haiyat9 G

Abu *a8r a&47hatib a&4*aghdadi9

@3 C



Abu *a8r a&47hawari:i9 9 @M

Abu *a8r a&47huandi9 JM

J9 JC9 YH9 Y9 Y9 H9 9 Abu *a8r an4Naad9 G

@@C9 nn9CJ9 CY9 CC9 GHGZ @MH9

n;GY

Aberdeen9 C

Abiwardi9 GYY

Abu +Abd A&&ah ad4Kaaghani9

@M9 GH@9 iJM3 ^^3 ^

Abu c Abd A&&ah a&4A:di9 G @ G

Abu +Abd A&&ah a&4"ashii9 GM

Abu +Abd A&&ah a&4?urani9 G@M

Abu +Abd A&&ah at4Tabari9 G Y

Abu +Abd A&&ah ath4Tha6a_9 G @ G

Abu +Abd A&&ah b; a&47aa& a&4

Qa6disi9 G@

Abu +Abd A&&ah Quhaad a&4



7a:aruni9

Abu +A" ad4KInawari9 GM

Abu +A" a&4-ari6i9 @H9 @G9 9 C

Abu +A&& a&4-arisi9 J9 CY9 C9 9

@M9 n;HG

Abu +A&& a&4"ashii9 GYY9 H

Abu +A&& a&4"usain b9 Quhaad

a&4Qarwa:i a&4Qarwarrudhi9 C9

C9 GH

Abu *a8r ar4/a:I9 G@M

Abu *a8r ash4Shai9 HH

Abu *a8r ash4Shib&&9 G

Abu *a8r b; +Abd a&4*a6i9 @

Abu *a8r b; a&4Anbari9 GHH

Abu *a8r b; Kawud9 G @M

Abu *a8r b; Kuraid (see Ibn



Kuraid!

Abu *a8r b; -ura89

Abu *a8r b; Quahid9 Y

Abu *a8r Quhaad b; Abi *a8r

at4Tusi9

Abu "aiyan at4Tauhidi9 G

Abu "a8i an4Nahrawa9 GCM9

GCY

Abu "aid a&4Isfara+i9 M9 GGC9

GH9 GG9 GYY9 G@9 G9 @M9

n 4 ? CJ

Abu "an&fa9 9 @9 J9 J9 GH9 G@9

GYH9 GY9 GY@9 GH9 HH9 Y9 CZ

ashhad co&&ege of, @M9 MG9 J9

GJM9 GYJ9 GY

Abu "an&fa (The Dounger! 9 G HH

@JY

Abu "assan a:4iyad& (a&4"asan



b; +%than a&4[adi!9 GYJ

Abu Isha6 a&4Isfara+ini9 9 G@

Abu Isha6 ar4/ifa G9 HM

Abu Isha6 ash4Shira:i9 M9 J9 M9 @H9

@G9MY99C9C9C9 GH9 GH9

Index

Shaa

Abu Sa+id a&4"asan b; e Abd A&&ah

as4S&raR9 G G9 GHJ

Abu Sa+Id as4SiraR (see Abu Sa f Id

a&4"asan!

Abu Tahir adh4Khuh&i9 G @@

GH9 GG9 GH9 G@H9 G@M9 GJM9 GJJ9 Abu Tahir b; a&4)hubari9 G

GYG9 GYY9 GM9 GM9 GC@9 GCM9 HH9 AbuTa&iba&



ai

9 CC9 @H9 @H@9 @GH9 n;JY9

@M9 n;HG

Abu Isha6 at4Tabari9 G Y

■S air ai

Taii a

GG

Abu Isha6 Ibrahi b; as4Sari a:4 + Abu Ta&ib b; )hai&an (see Ibn

eXw 0 X ■ V

aa9 GC



)hai&an!

Abu Isha6 Ibrahi b; Dahya ad4 Abu Thaur9 9 GMY

Kiash6i9 GJH

bu ?a+far a&4Qa+dani9 G

bu ?a+far as4Sianani9 G@M

i!u ?a+far a:4a c farani9 GM@

du ?a e far Quhaad b; Ahad

an4NasaR9 G G g

t3u ?a+far Quhaad b; Ahad

at4Tiridhi9 G G C

bu ?a+far (Sharif!9 G9 C9 G@M9

GJH9 GJM ;

bu Qansur +Abd a&4[ahir b;

Tahir a&4*aghdadi9 GYY

bu Qansur a&4?i&i9 G

bu Qansur a&47haiyat9 GH

bu Qansur b; Sa&ihan9 G@@

bu Qanur b; Dusuf9 G



bu Qansur ?awa&&6&9 CJ

@u Quhaad a&4*a::a:9 GMY

du Quhaad a&4-ai ash4

Shira:i9 GY

du Quhaad a&4"aadhani9

GY@

Quhaad a&4?

Quhaad at4G

H

b; Sa+id9 GC

Quhaad



Abu Nar a&4&sa+i&&9 G

Abu Nar b; a&4*anna+9 GH

Abu Nalr b; a4Sabbagh9 @H9 MY9

r JM3 & JJ

Abu Nu+ai a&4AstarabadhL Ek<

[a&aba a&4?

Qusta

n;J

Qu8harri

QustaufI9 M

4Qutawa&&i9

i4ShaatL G

Abu j %baid9 CJ



Abu+%baid b; "arnawaih9 HH

Abu +%ar a:4ahid9

Abu Da+&a b; a&4-arra+9 MY9 @9 CY9

C; C9 GJH9 iJM3 M9 @G9 n;G

Abu Da+&a the Dounger9 GCY

Abu Da+6ub a&4*uwaiti9 G

Abu Dusuf9 @9 MJ9 MY9 G@9 G@@9 GY9

GYY9 GH

Abu aid a&4 *a&8hi9 GY@

Abu aid ad4Kabusi9 GH9 GHC9 GH9

@J9 n;

Qa

G@C



AbuVA&a+ Sa+Id9 GC

Abu+& -ad& +Abd a&4Qa&i8 b;

Ibrahi a&4"aadhani9 M

Abu+G4-ad& at4Tai&9 C

Abu+& -ad& b; Nasir9 CJ

Abu+&4-ara at4Tai&9 C

Abu+& -ath a&4[urashi9 GJH

Abu+G4-ath b; a:4inni9 GJY

Abu+G4-ida+9 C

Abu+&4)hana+i b; a&4)hubari9 GH

Abu+&4"arith a&4Laith (b; Sa+d

b; f Abd ar4/ahan!9 M9 Y

Abu+& "asan a&4*andai9 GGC

Abu+& "asan a&47ar8hi9 GC

Abu+& "asan a&47"&a+$C@

A&

iCM



Abu+&4"asan an4NahwL G

Abu+& "asan ar4/uai&i9 GCM

Abu+&4"asan as4Sa&a& an4Nahwi9

GM

Abu+&4"asan at4Tai&9 CC9 GMJ

Abu+&4"asan b; a:4aghun&9 G9 CY

Abu+&4"asan b; *abshadh9 GJ

Abu+&4"usain a&4*aidawi9 GYH

Abu Sah& as4Su+&u8i9 @YZ asid of9 Abu+&4 "usain a&4*a&8hi9 @G9 @Y9

G n H44

n;

Index

Abu+& "usain a&47haiyat9 GC

@J



Nisabur&9 GH

Ahad b; "adan a&4Adhru+I9

GJH9 HM

Ahad b; "anba&9 9 @9 J9 9 9 C9

GJ9 G9 GHH9 GHM9 IH9 GG9 G9

GMJ9 GMY9 GM9 GYG9 J9 CC9 @@9

n 4@C^3 @M^3 n 4 &Y

Ahad b; Isha6 b; *ah&u&9 GHM

Ahad b; Quhaad a&4

Abu+& 7hattab a&47a&wadhani (see Ahad b; *a8r a&4+Abdi9 G M

a&47a&wadhani!

Abu+& Qa+a&i a&4*a::a:9 J

Abu+&4Qafa8hir b; Ab& *a8r9 GH@

Abu+& Qahasin ar4/uyani9 GHH

Abu+&4Qu:aar as4Sa+an&9 GG9



GH9 GM9GC9 @J9GG;

Abu +G4[asi a&4[ushair&9 9 GHJ9

G

Abu +G4Taiyib at4Tabar&9 C9 C9

GG9 GGC9 GG9 GJH9 GC@9 GCM9 HH9

@H9 n;

Abu +G4Wafa+ b; a&4[auwas9 G9 GGY

Abu +&4Wa&&d a&4*ai9 GM

Abu+n4Naib as4Suhraward&9 GJY9

GC@

acadeies ()ree8!9 J

adab9 G9 GC=9 GM9 GG9 HM9 GM9

Qagh

Quhaad

G@9 GM



Ahad a8I 'asha9 C@

a&4Ahar9 G@

Aiyubids9 C9 @HY

0aa y GJ@

awiba (sg;awdb!9 JY

@HY9 @HC9GG;G

[

Adab a&4ada& (ar4/uan&!9 GM

ada&a3 MM

7 adat (sg; 7 dda! y Y

Ade&ard of *ath9 @C9 YH

adhdn9 GYM

Adh8dr (Nawaw&!9 G



a&4Adhru+I (see Ahad b9

a&4Adhru f I!

a&4adi&&a ash4sha>iya9 GC

Adi&&at an4nahw wa"4usu& (a&4

Anbari!9 GM

0ad& y MM

+Adud ad4Kau&a9 9 C9 G@@

7 ahd9 GJJ

ah8d (sg; hu8!9 9 GC9 GC

A&4 Ah8d as4Su&tdniya (of Abu

6:d+ (sg; u:+!9 GMJ9 GG

a&4A8fa9 GY

a8hbdr9

a8hbdr a&4arab9 C

a&4A8hfash9 GM9 GYH

+A&a+ ad4Kin as4Saira_9 G J

+A&a+ ad4Kin b0 a&4+ Attar9 GJ

A&ca&a9 @H

A&eppo9 9 GJ9 GY9 C9 @G

"adan ('ope! A&exander in9 M9 9 M



Da+&a!9 MY

4 Ah8d

MY9J

(Q

ah& a&4hadith9 @9 9 J9 G

ah& a&48a&d9 @9

ah& a&48itdby GHJ

ah& a&4a&is C @G@9 n;M@

ah& a&4asid! YM

ah& a&46iyds9 @

ah& a&46ur+dn9 G

ah& an4na:,ar C @

ah& ar4ra+y9 @



ah& as4sunna wa%4ad>a9 GC9

ah&&ya y Y9 H

Ahad a&4)ha:nawi9 G CY

Ahad a&4)ha::a&i9 GC

Ahad a&4Qaidani9

Ahad b; +Abd a&4Qa&i8 an4

A&exander of Vi&&edieu9 YC

A&exandria9 J

A&Ryat Ibn Qa&i89 GYG9 Y

A&fonso viii (of $asti&e!9 @

A&ger of Liege9 M9 M

+A&& an4Nashi+9 G@J

+A&& b; ash4Shahra:ur&9 GYC

+A&& b; +Isa9 G@@



+A" b; c Isa ar4/aba+I9 CY

f A&& b; Quhaad a&4*a::a:9 J

+A&& b; Quhaad a&4"i&&&9

e A" b;; Sa+id a&4Ista8hri90 GY

+A&& b; Dahya a&4Qunai9 J

+A&ids9 C9 @HH

x d&i (pi; t u&ad+ i !9 Y9 G@9 G@@9 G

x a&&da y

A&ohad9 G@

A&p Ars&an9 MG9 CC9 @H9 @HM @GG

A&phanus G of Sa&erno9 YH

A&phonse vi9 YH

A&varo of $ordova9 MH

aa&! YC

7 ad&a9 GY@9 GYJ



a&4A+ash9 GHH

Aerica9 C9 @H

+Aid a&4Qu&8 a&47unduri9 @H@9

@ii

@J Index

a&4Aidi9 GG

0di& (pi; 0 awd:&! 9 GY@9 GYJ9 YC9 A&4Ashbdh (Ibn Nuai!9 Y

ashbah9 GY

ain9 MM9 JY9 YH

a&4Ain9 G@

air a&4uard C 9 C9 G@

c Aar b; /aa+9 G GJ

0ai9 H9

Aphi&ochia ('hotius!9 JC

ar9 M



ar bV%6uud9 M

Au&9 C

Anato&ia9

a&4Anbari (see 7aa& ad4Kin a&4

Anbari!

Anda&usia9 M9 G@G9 GM

Angers9 M

a&4Anati9 J9 GM

@G9 n; C

ansdb9 C

St Anse& of $anterbury9 MC

Anse& of Laon9

A6sa os6ue9

A6uinas9 St Thoas9 GC9 MM9 J@9

JM3 JJ9 JY9 J9 J9

+arabiya9 G9 9 C9 GJ9 G@H9 H



arbdb a&4wa:d+if9 Y

arbdb ash4shad y ir9 Y

Are::o9 Y

0arif C H

Aristot&e9 GH9 MJ9 MY9 MC9 J@9

YG9 YM9 YJ9 9 C

ars dictainis9 YY9 Y9

ars dictandiy YY

ars notaria9 YY

articuius9 J@

+ud9 C

Ar:an ar4/u9

Ar:anan9

ar:d69 GG9 @@ r 3 n 4 ? JJ

As+ad a&4Q&hani9 GH9 G9 GYY9

9 @J9 n;@

as add9 JJ

asaddiya9 JJ

a&4Asbahi9 M

ashdb (sg; sahib!9 G9 C9 GYH9 JG



ashdb a&+hadiih9 @

ashdb ar<rd0y9 @

Ash+ art9 9 GJ9 9 CC9 G@9 G@J9 J9

M9 C9 @GH

a&4Ash+ar&9 Y9 G@J9 C9 CC9 @HH9

@H@; @^M3 @0H9@GG

Ash+aris9 GJ9 GY9 G@M9 GY9 C9

C9 @HH9 @HG9 @H@9 @HM9 @H9 @GH9

@.

as+i&a (sg; su+d&!9 JY

a&4Asa+i9 GHH

Assassins9 C9 @HH

Astarabad9 G GJ

a&4Astarabadi9 G G J

+Ataba b; j %baid A&&ah a&4

"aadhani9 HH

Atabegs9 C9 @HY

Athens9 J

0 attar9 G

St Augustine9 MY



auwa&anfa4auwa&an9 YJ9 H

a&4Au:a 9 @9 J9 Y9 GMC9 @9 n;@

Averroes9 J

Averrois9 Y

a&4An6arawi9 MJ9 M9 M9 JH9 Y9 9 + await9 G G

A&4+Awdi& a&4Va (a&4?urani!9

YC

+awa a&4uhaddithin9 GMJ

Aya Sofya9 GC

A:har Qos6ue ($airo!9 9 GG9

C@

a&40A:i: bi+&&ah9 GG

+a_9 M

*ab a&4A:a (*aghdad!9 GJY

*ab a&4*asra (6uarter of *aghdad!9



GJ9 GY9 H

*ab a&4-ara (6uarter of Kaascus!9

@

*ab a&4Qaratib (6uarter of

*aghdad!9 M9 @H9 GCM

a&<*ab as4Saghir (6uarter of

Kaascus!9 @

A&4*add0V R tartib ash4shard+ V (a&4

7asan&!9 GCY

*adr a:4aan a&4"aadhani9

GHH

*adr ad4Kin a&4"asan b; "a:a9

GY

*adr ad4Kin b; ash4Sharishi9 GHG

*adr ad4Kin b; ?aa+a9 H

*adr b; "asanawaih a&47urdi9 9

M9 C9 @H9 @G9 @9 @9M^0 ";

@9 @GG9 @G9 nn;HH9 HC



*aghdad9 M9 J9 Y9 9 9 G9 G@9 GM9

GJ9 GY9 G9 GC9 H9 i J 9 @9 M9

J9 Y9 9 C9 @H9 @G9 @9 @M9 @J9

@9 MG9 M9 J9 @9 M9 Y9 9 CY9

C9 C9 GH@9 GHM9 GH9 GGY9 GG9

GH9 G@9 G@G9 G@9 G@M9 G@Y9 G@9

"M9 iJ^ I JM3 GJJ3 ? J Y 3 0J3 &Yo 3

GYG9 GY@9 GYY9 GY9 G9 GH9 GC9

3■

@M

Index

0+



Qans

sic4et4non9 MJ9 M9 M9 MC9 JH9

?5

of Tournai!

J@9 JC9 YH9 a;Y G9 Y9 YM9 YJ9 Sua $ontra )enti&es (A6uinas!9 JM

Y9 H9 < <0

Sic et non (Abe&ard!9 MY9 J

Sici&y9 M9 J9 @C9 MH9 JC9 YH9

CM

ftghar9 MJ

Sigiien:a (%niversity!9 C9 @H

Siistan9 C



si&a9 J

as4Si&aR9 C@

Ia!

r0

Sion

sina a y H

as4SiraR9 Y9 CY9 GM9 G

Sira ad4Kin a&4*u&6&n& (see a&4

*u&6ini9 Sira ad4Kin!

SairaR9 GJ9 GYC



a &i4 Tdr&8h Nisdb

A&&

)haRr a&4-ansi!9 @9 C9 GCY9 GC

siyar9

Siyaset Naeh3 CY

Sith9 Ada9 @Y

so&utio9 JM

Spain (see a&soZ Anda&usia!9 @9 G@G9 tadbir9 M

J9 @H9 @9 @9 @C9 MH9 JC9

YH9 YG9 9 @G

Story (?ustice!9 @G9 @9 @J

sua& (pi; as+i&a!9 in9 GG9 JJ9 H9



MM

MC9YM9 GMC9 GJ9 GY9 G9 GM9

iJ9 GY9 G9 G9 GC9 GC9 GC@9

H9 GH9 GM9 GJ9 GY9 G9 G9

H9 @

Sub8&9 Ta6i ad4Kin9 @@9 @9 Y@9 YC9

G9 G9 G@9 G9 GJ9 HM9 H9

GY9 G

@

Sua ;9 v > =B >9

J@9 JM9 JJ

sun0 at ash4shVr9 C

sunna9 GG9 GHG9 GC9 GMH9 GMY9 G9



? C3 GC9 H9 C9 @HY9 @H9 @HC9

@i>@ ?

sunni9 G9 9 M9 Y9 C9 G@9 GM9 @M9 @9

GY9 G@9 G@9 GYJ9 GY9 @9 C9

C9CC9@HH9@HG9@HJ

Sunnis9 G@9 CC9 @GG9 @9 n;@@

as4Suyuti9 G@

Syria9 9 @9 JY9 M9 CC9 GJ9 GCG9

HM9 MH9 @HJ

taaddi9 YC

taba6a9 GMG9 GCY9 C

at4taba6a a&4+u&yd9 G9 GM

Taba6dt4a&4fu6ahd+ (ash4Shir a:i!9 GH

at4Tabari9 Abu +A&&9 GH9 GHC9 GGJ9

I? C3 GM9 @9 n;@YM

at4Tabari9 Ibn ?arir9 GH@9 GHM9 GMY

tdbV (pi; tdbVun!9 GMH9 G



tdbViVt4tdbViny GMH

taddr&s (sg; tadris!9 GJ@9 @9 n;i

n a&4?au:

4tibbiyaR

48hi&dRya9

8hi&df a&4fu6ah

03 09 iC3 GG9 GC@9 GY9 GC9 toft

(Na ad4Kin b; a&4Lubudi!9 GY9

YH

tadris (pi; taddr&s!9 J9 @9 GHC9 G G@9

GGM9 GM9 GJH9 GJ@9 GJJ9 GJY9 GY@9

G9 GC9 GCM9 GCY9 H@9 HM9 H9

H9 GC9 H9 G99@GC9

n 4@@i9 @@H9 nn;C9 C9 noZ @@9

n;G9 @@@9 nn;9 JZ @@M9

nn;@9 H



t6fddu&9 YJ9 G

k I N I 5

SuRs9 GH9 G9 9 M9 J9 GC9 GM9 taf6ih

0J@3 G9 GC9 GCM

Sufyan ath4Thauri9 G@9 G

suhba9 GGM9 G9 GC9 G@@9 GJ9 GY9 tafwid

t6fri69 M

At4Tafta:ani9 CY



0CM9 J9 @Y9 n;Y

su&ahd+ (sg; sd&ih!9 MY

GM

Ashda6 of Kaascus

Qos6ue

taghrir9 Y

tahdithy GG@9 GM9 H@

tahsi& ar4raiE M

&ai&asdn9 HG

Ta ad4Kin a&4-a:ari9 G Y

su&tan9 GM9 GJ9 G9 9 C9 MH9 M9 M@9 Ta ad4KIn as4Sub8i (see Sub8&9 Ta



J9 YY9 G@9 GJY9 HJ9G9 CC9

ad4KIn!

3

Index

@JC

0C@3 0CM3 0C Y 3 HH9 HM9 H9 H9 *o&ogna9 @@9 @9 @C9 JG9 YG9

GH9 G9 GM9 H9 9 @9 @C9

MH9 J9 YG9 Y9 Y@9 C9 9



Y9 Y@9 Y9 @9 M9 J9 Y9

9 CJ

C@3 C; CC9 @H9 @H@9 @HY9 @H9 *oston (Qass!9 @M

@^C3 @0^3 @i03@ G 3 @0@3n;@M9

@GJ9GG;G9 @GY9 nn;GJJ9 GJYZ

@G9 n;JY9 @J9 n;@9 @C9 n;@9 *u8hara9 GHH9 C

*ridges9 @9

*rown (%niversity!9 C

@@ h n 4 T JJ3 @@@3 n 4MM

*aha+ ad4Kau&a9 G@M9 @@@9 n;MM

*ahanyar9 Y

baRr9 CC

*aibars9 Y



a&4*aidawi9 G G

a&4*aiha6i (d; JYJ=GGH!9 GG

a&4*aiha6i (d; MJ=GHYY!9 G9

bait (pi; buyut!9 GH9 M9

*ait a&4"i8a9 G

bait a&4hi8aBa> J9 n;GY

bait a&4i&9 J

bait a&48utuby J

bait a&4a&9 M@=J9 GY@

*a8a the Tur89 C

*a&8h9 G@9CC

*a&&io&9 ?ohn9

*a&&io& $o&&ege (Oxford!9 9 9@Y Y9 H9 G9 C9 @G G9 @GM9

a&4*u8hari9 C9 GHH9 GHJ

*u&garus9 J

a&4*u&6ini9 ?a&a& ad4Kin9 JY

a&4*undar&9 CY9 @H

*usan9 C



*uwaihid9 9 9 C9 G@@9 GJM9 GM9

@9 C9 @HH9 @GG9 @@@9 n;MM

*uwaiti9 J9 GHG

*y:antiu9 @9 GJJ9 Y9 JC9 YH

$airo9 9 Y9 G9 G@9 GM9 H9 G9 M 9

9 @9 Y9 9 GHM9 GHJ9 GM9 GG9

GCJ9 HM9 G@9 @C9 C@9 C9 C9

@HY9 @HC

ca&iph9 GM9 GJ9 G9 G9 GC9 G9 9

@9MG9MY9M9 GHG9 GHY9 G@@9

i@ Y 9 0@3 iJ^3 &Y 9 GH9 GG9 HH9

*a&8hi9 GC

nn;YG9 YC9 H

*andine&&i9 /o&and ('ope A&exander ca&iphate9 @HH



in!9 M

a&4*a6i&&a9 G@Y

$abridge (1ng&and!9 C9 @@9

@Y9 JH9 C@

*aratha 6uarter of *aghdad9 G@9 GM $abridge (Qass!9 @M

a&4*arawI9 GH

*ar8iyaru69 GH@

*arsbay9 M

*asasiri9 GM

*asit a&46au&R ah8d shard0 i a&4

Is&d (Tabar&!9 GH@

*asra9 J9 Y9 9 C9 CC9 G@H9 GCM9



C@; CC

*atinis9 GY

bauw9db9 Y9 GYM

$aravanserai9 GHG

$asti&e9 @

charitab&e trust9 9 C9 @9 @M9

@J

charity (acts of!9 Y

$hristianity9 GHJ

$hristians9 GHJ9 G@C

('ope! $&eent vn9 C

$obban9 A; *;9 @

co&&atio9 JH9 Y

A&4*a: a&4ashhab (Ibn a&4?au:i!9 GH9 $o&&ege9 J9 9 9 C9 @H9



GG9 G

(Van! *erche9 CY9 C9 C9 CC9

@ OI 3 @^@3 @^J @ oY 3 @ o 3 @^C3 @0^

*erno&d of $onstance9 M9 M9 JC9

bi&ad ar4/u9

bidristdn9 GH9 9 @M9 @Z naed

exap&es9 9 M

@G0 @@9@M9 @Y9 @9 @C

$o&&ege des Kix4"uit ('aris!9 Y9

$o&&ege of Navarre ('aris!9 MH

co&&ege4university9 C9 @H9 @Y

co&&egiu9 Y

$o&ubia9 C

$oestor9 'eter9 YM

A&4*iaristan a&4+Adudi (*aghdad!9 $opayre9 )abrie&9 J9 CJ

GMM



a&4*ir:a&i9 GJH

$oncordia discordantiu canonu

()ratian!9 M9 M

*ishr a&4Qarisi9 G@

biwdba9 GYM

*&ac8stone (?ustice!9 @G

$onnecticut9 @@

$onstantine the African9 YH9 @MG9

n;GG

@YH

$onstantinop&e9 GC9 M9 JC9 YH

$ordova9 G@9 GM9 G@G9 MH



$rusaders9 @HY

cy pr2s doctrine9 M9 n;@C

ad4Kabusi (see Abu aid ad4

Kabiisi!

da&i& (pi; adi&&a!9 JJ9 J

da8hi&9 GC@9 @@9 n;HG

ad4Kaaghan& (see Abu c Abd A&&ah

Kaascus9 GH9 GG9 G9 G@9 GC9 @9

@@9 M9 J9 9 M9 Y9 9 9 GH9

0@0 "@3 GM9 GMC9 iJ9 GJC9 GY9

Index

Ke natura hoinis (Neesius of

1essa!9 YH

Kecretu (Ivo of $hartres!9 M

Keni_e9 ";9 M

deterination JH9 JM

adh4Khahabi9 GHG9 GG9 G@9 G9

GY

dhifcr9 G9 GY



Khu+n4Nun a&4Qisri9 G

dia&ectica3 J@9 Y

dictaen9 YY9 Y

Ki e Ii t; Ahad b; Ki e &i9 M9 CZ

8han of9 M Z asid of9 G

GY9 GG9 GM9 GH9 GG9 GY9 GC9 ad4Ki&i9 GG

r C9 iCM B >CC9 HG9 H@9 HM9 HJ9 ad4Kinawari (see Abu *a8r ad4

GG9G9G@9H9@9@9@C9 K&nawari!

C@9 C9 @G9 n;@9 @C9 n;@9

@@M9 n;H

Kanie&9 Noran9 Y

ddr9 GH9 M9 J0 9 MG9 GG9 @

ddr adh4dhahab9 J



Kar a&4+Ad& (Kaascus!9 GCC

Kar a&4*att&8h9 9

ddr a&<hadiih9 GH9 @9 @@9 @M9 M9 JG9

Y @3Y9 GJ9 GJ9 H9GG9 GJ9

@9@G

AshraRya

aascus

GG9G@

ddr a%hi8a9 J9 @9 n;iY

Kar a&4I&9 J9 Y9 @9 @HJ9 @GH9

@G

ddr a&4+%9 GH9 9 C9 @HJ9 @HY9 @H9



@H9 @HC9 n;GY

ddr a&48utub9 J9 Y

ddr a&<6ur+dn9 GH9 @@9 @M9 M9 Y@9 C9

iJ3 @9@G

ddr as4suRya9 GY

Karb a&4Qatba8h f*aehdad.!; iva

dirdya9 GMM9 GMY9 M

Kisertaciones y opuscu&os (/ibera!9 J

disputatio9 MC9 JH9 J9 J@9 Y

Kiwan a%usu& (Abu /ashid Sa c Id

b; Quhaad an4Nisaburi!9 GY

dous pauporu9 J

Ko:y9 /;9 GG9 G9 GH@9 GM@9HY9G@9

C ;

Kubais9 MG

Kub&in9 C9 @M

Kurar (of Ibn "aar!9 J

duwaira9 @@

1che9 D;9 M9 @HJ9 @HY9 @H9 @H9



@^C3 @GH9@GG9 n;GYM

1gypt9 GH9 @9 MG9 JY9 M9 9 GJ9

G@Y9 GCG9 HM9 @9 MH9 @HJ9 @G

1hren:weig9

1den9 A; *;9 9 YY9 CM

eir (air!9 9 MH

1ndres9?;9 MJ9 MY9 M

1ng&and9 Y9 9 @M

Koris (Nu+aii!9 @9 GJC9 HM9 @9 1uc&id9 @

?oh

@G9 @G@9 n;@C9 @GM9 n;JM9 @GJ9

nn;CC9 GHG9 G@9 GMH9 GMG9 GM9

? M@3 0MM3 "J3 IM Y 9 0M3 r M 3 0MC3

& J^3 & J & 3 GJ@Z @G9 n;JC

dars (pi; durus!9 JY9 Y9 GH9 GG@9

GC9 HY9 H9 H9 @M9 n;GYG9



@@9 nn;i GH9 in9 H9 GG

dars iftitdhi9 Y9

Kartouth9 C9 @H9 @9 @@

Ka +wan b; f A&i a&4?ubba+I9 GCM

Kawson9 $hristopher9 C

Kawud b; 7ha&af a:4Bahiri9 @9 J

Ke )raatico (Anse&!9 MC

de Laprade&&e9 A&bert )eore9 Y9

a&4-ad& b; Dahya9

ft

ft

0 ■00+

(aa8hsha



-aiyu9 YC

-a8hr ad4Kin ar4/a:i9 C@9 GG9 GGC

-a8hr ad4KIn b; j Asa8ir9 GY

? MC

fa&sa=a

fa6ih (p&;?u6ahd

HF

GY9 G@G9 G@9 GYM9 GYJ9 G9 G@9

+M; PJ3 x C@3 H@9 H9 GH9 GC9

Y9 G9 Y9 M9 9 C9

Index

CC3 @^^3 @ 9 n;@@9 @@@9 n;M a&4fu6aha+ as4sab+a9 GM



@YG

fa6&h a&4aitarri! @@Y9 n;@Y

fa6&h a&48uttdb y @@Y9 n;@Y

a&4fa6ih a&4ustahi669 YC

a&4-arabi9 9 GH9 GY@

fard+ain9 G9 GH

fard 8ifdya9 G

-arisiya adrasa9 GYJ

A&4-ar6 bain a&4Rrd6 (Abu Qansur

5Ab da&4[ahir b; Tahir a&4 0

*aghdadP! 9 GYY

a&4-arra+9 C9 G@

-ars9 C9 G CM

fdsid a&40a6ida3 Y

fdsi69 MM9MJ9 J Y 9 C

-as& a&4a6d& (Averroes!9 J



fatdwd (sg;fatwd!9 @Y9 n;Y

fatdwd C G48a&d;9 GJ

A&4-atdwd a&47ubrd ("aitai!9 GY

a&4-ath b; 7ha6an9 J

fu6ardE YM9 G C

-uftat9 Y9 C@

)a&en9 GMM

)audefroy4Keobynes9 Q;9 @HY9

@H

)erard of $reona9 @

)erbert of Auri&&ac9 JC

ghadd+9 @H

gha&&a9 YY9 YC



)har&b a&4had&th (Abu +%baid!9 CJ

)har&b a&4had&th (a&47hattab&!9 GM@

)har&b a&4 Qusannaf 9 GMG

)har&b a&4[ur+dn (Ibn [u&aiba!9 J

)ha:na9 @

a&4)ha:nawi9 G9 GHG

a&4)ha::a&&9 H9 Y9 Y@9 Y9 GHH9 GH9

GH@9 GGM9 GH9 G9 GJJ9 GYG9 GC9

G 9 MM9 JG9 @H@9 @C9 n;9

-atiid9 GG9 C9 @HH9 @HJ9 @HY9 @HC @@H9 nn;JG9 9 C@

fatwd (pi; fatdwd!9 G@9 G9 G9 @@9 @J9 )hiyath ad4Kin b; Sa9 @GY9 n;GJM

@9 MJ9 MY9 J@9 Y M9 Y9 YC9 CJ9 GHG9 ghu&d9 GYY

in9 GG9 GY9 G9 G@9 GM9 GMC9 )hu&a Ibn Shunbudh9 Y

GJH9 J 0 ? JC9 GYY9 GYC9 GM9 GM9 )hunaia9 C@9 @@9 n;M

GJ9 G9 G9 GC9 GCC9 HH9 HG9 ghurabd+9 GH



HY9 H9 H9 GH9 H9 Y9

9 M9 CG9 n;@9 @GC9 n;@9

@M9 n;GYG9 @@@9 nn;MH9 M@

fawd+id9 HM

-ernando of $ordova9 MH

-ihrist (Ibn an4Nadi!9 G

R+&9 GHY

R6h9 G9 G9 @9 Y9 9 C9 9 M9

C9 C 9 CC9 GHG9 GH9 GH9 GG@9

)o&d:iher9 Igna:9 C9 @HG9 @H9 @H@9

@HM9 @HJ9 @ Y 9 @^ 9 @ G 9 @ GG

)rabann9 Qartin9 MJ9 MY9 M9

M9 MC9 JY9 JC9 Y9

graar9 Y

)ranada9 GM

)ratian9 M9 M

)ree8s9 9 9 C

('ope! )regory vii9 M



GGM9 GG9 G9 GJ9 G@H9 G@G9 G@9 (Von! )runebau9 ); 1;9 J

GMM9 GMY9 GM9 GJG9 GJ9 GYH9 G9 )ui&&a viii9 M

G@9 GCG9 GCM9 HY9 H9 Y9 H9 ;

9 9 M9 @H@9 @GG9 @G@9 n;9 habba9 H

@GM9 nn;JH9 @Z @GJ9 n;GH@9 @GY9

n;GY@9 @i9n;n9 @J9 nn;GC9

@H9 Y@Z @Y9 nn;Y9 YZ @9

n4@JC

R6h a&4hadith9 GMM

R6h a&4&ugha9 G MM

R6i9iC

Rs69 MM

fondation9 Y

-rance9 Y9 9 9 @C9 CM



-ran8s9

-rederic8 GG (of Sici&y!9 @9 @9

YG9 Y9 M

fu6ahd+ (sg; fa6&h!9 JC9 Y9 GG9 G@@9

GYM9 G9 G@9 GM9 GY9 GCH9 @9

@@H9 n;G

had&th9 @9 9 C9 GH9 GG9 GJ9 GY9 G9 G9

H9 @@9 Y9 9 H9 G9 9 @9 M9

9 C@9 CM9 CJ9 C9 C9 CC9 ? o539

GHG9 GHM9 GHJ9 GG@9 GGJ9 GGC9 GG9

G9 GC9 G@H9 G@9 G@9 GMH9 GMG9

GM@9 GMM9 GMY9 "9 GM9 GJ@9 GJ9

GJ9 GYH9 GYG9 GY9 GYM9 GYY9 GJ9

G9 GH9 GG9 G9 GCH9 GCG9 GC@9

GCM9 GCY9 GC9 HG9 H@9 HM9 H9

GH9 GG9 G9 G@9 GM9 GJ9 G9



GC9 H9 H9 G9 9 J9 Y9

9 CY9 @H9 @H9 @GH9 @G9 @GM9

n;C9 @G9 n;C9 @@9 nn;GG9 G@9

GM9 GCZ @Y9 n;Y9 @9 n;@JC9

@C9 n;MC9 @@9 n;GG9@@@9

nn;GJ9 Y

@Y

a&4"aitai9 @9 MC9 JY9 JC9 YH9 YY9

M9H9GY9GC9H

aar adh4Khahab (6uarter of

Kaascus!9 @

"ai 7ha&ifa9 G9 no9 GH9 GJ@9 Y

ha8i9 GYC

a&4"a8i9 G@@9 HM

ha&a6 (sg; ha&6a!9 G@



ha&a6 a&4hadith9 G

ha&69 G @

ha&6a (pi; ha&a6!9 C9 G9 G@9 GM9 G9

Index

"asan a&4*asri9 G Y

"asanawaih9 C

a&4"asir&9 YY

"as8ins9 $har&es "oer9 MY

A%"aw&9 G

"e&oise9 M

"erat9 C@9 C9 CC

Quhaad

"iday

hif: a&4wa6f9



G9 GC9 H9 G9 CY9 G GY9 GM9 GMC9 "ia:9 C9 CC

GJH9 GJM9 HM9 HY9 G@9 G9 G9 hi8a9 M9 J9

@GH9 nn;YC9 @9 Y9 9 C9 @9 J9 "i&a& ar4/a+y9 JG

CZ @M9 n;GYG9 @9 n;@@9 @@9

n;GYG

ha&6at ah& a&4hadith9 G

"a&6at a&4*arai8a9 G9 G

ha&6at an4nahwiyin9 G9 G9 GJY

"aadhan9 C@

A&4"aadhani9 GYH

haasa9 G J

"aad ad4Kabbas; a

"i&a& as4Sabi9 G @

"i&duin9 YH

a&4"i6& b; iyab9 GMC

"istoria ca&aitatu (A

"onorius GGG9 @9 M

hospice 9 Y

hospiciu9 Y

hospita&9 Y9 9 @



"udud (a&4-arraQ; [

"anaR9 9 @9 M9 Y9 9 H9 M9 @H9 @M9 "ugh of St Victor9 MG9 M9 M@9

M G 0 MJ9 J G 0 J9 JJ9 YY9 Y9 Y9 CC9

M9 Y9 H

GHG9 GH@9 GH9 GGC9 GH9 G9 GM9 hua (sg;hua!9 GG

r @M3 G@9 iJM3 GJJ9 GY@9 GY9 G@9 hua9 GG

I C^ J & C & 3 ? CY J HH9 J9 Y9 @H9 hu8 (pi; ah8d!9 HG

@^@3 @ G 09 @ &Y @ n;GYG9 @G9 n;9 "unain b; Isha69 C9 GM

@GC9 n;@9 @J9 n;9 @C9 n;@

"anba&i9 9 @9 M9 Y9 9 C9 GY9 G9 H9



MY9 YY9 CY9 GGY9 GG9 G H9 GG9

a&4"usain b; Ahad a&4Da:d&9 GY

"usain b; *adr b; Iya: an4Nahwi9

GM

G9 G@M9 G@9 GMY9 GJJ9 G9 GH9 a&4"usain b; Isa+i& ad4Kabb& a&4

GCH9 GCY9 HG9 HC9 G9 M9 J9

Qah

@HH9 @HG9 @G9@GM>;CH9 @G9

n;9 @J9 n;J9 @@@9 n;J

"anba&is9 @HG9 @H@

handasa9 9 @G9 n;J

"aneberg9 Kanie&9 J9 CJ9 C

hard9 GYG



a&4"arastani9 GJ

i+ada9 GC@9 GCJ9 HM9 @@@9 n;J

+ibdddt9 9 @M@9 n;M

Ibn e Abbas9 GH9 GC

Ibn +Abd a&4*arr9 GC

Ibn Ab& "uraira9 GGJ9 G ig9 GM

Ibn Ab& Qusa9 JG

"arb&ya 6uarter of *aghdad9 G@9 GM Ibn Ab& Qus&i a&4-arad&9 G9

"ardwic8e (Lord!9 @G

hari9 GH

a&4"ariri9 M9 Y9

a&4"arith&9 Qahud b; Sa+id b;

+%baid A&&ah9 MM9 MY9 M9 JG9 J@9



YY

"arran9 C9 H

"arun ar4/ashid9 9 C9 CC9 G@@9

GYH9 GY9 GG9 G

Ibn Abi %saibi+a9 9 M9 9 GM@

Ibn Ab& Da+&a9 G GJ

Ibn Ab"4Wafa+9 J

Ibn A8hiTA:i:9 C

Ibn a&4A c rabi9 GYH

Ibn a&4Athir9 CY9 C

Ibn a&4*anna+9 G9 J9 C9 @GC9

nn;@G9 @

Ibn a&4"abbab9 GG

?abir Quhaad Ibn a&4"addad9 G@



b; c Abd A&&ah9 GHG9 GJG

"arvard9 C9 @M

a&4"asan b; Ahad a&4+Attar9 G

Ibn a&4"a9 @HJ

Ibn a&4 Ia9 G

Ibn a&4 ?au:&9 G@9 J9 Y9 @H9 MH9 M@9

Index

@Y@

MM9J9Y9M9CG9CM9C9 GH9

Ibn 7ha&dun9 @9 GHC9 GJG9 GJ@



GG9 G@C9 GMJ9 GMY9 GJ9 G9 G9 Ibn 7ha&&i8an9 Y9 GHM9 GG9 GY9

0CM3 ? C Y J H@9 G9 G@9 G9 @9

M9 @G9 n; H9 @G9 n;YH9

@C9 n;MC9 @@H9 nn;G@9 GMZ @@@3 Ibn Lu+&u+9 GYH

CY

Ibn 7hidr9 G

n 4J^9 @@M9 n;JC9 @@9 n;@JH

Ibn a&4 ?au:& a4Si6i&&i9 Y

Ibn a&47hashsha+b9 Y

Ibn a&4Qadhhab9 GMJ

Ibn a&4Quna9 9 ioi9 GH9 HM



@J9 n;J

Ibn a&4Qu6aa c 9 GHY

Ibn a&4Qurtada9 GJ

Ibn a&4[ati+I9 GMJ

Ibn a&4[urr&ya9 CC

Ibn a&4Wa6shi a&47atib of To&ec

Ibn +Arus9 GJH

Ibn an4Nadi9 G

Ibn an4Naar9 GHG

Ibn an4Na6ur9 GYG9 @@H9 n;JG

Qahuy9

Ibn Qa&i89 GYG9 Y

Ibn Qundhir9 @

Ibn Nuai9 J@9 J9 YH9 Y9 M

Ibn [adi Shuhba (?arna& ad4Kin!

HM

Ibn [adi Shuhba (Ta6I ad4Kin!9



GY9 GJ9 @J9 n;GC9 @@J9 n;CJ

Ibn [udaa9 J@

Ibn [utaiba9 @9 J

Ibn /ahawaih9 G GC

Ibn /aab9 @9 GH9 G9 GM@9 GCM9

H9 HC

Ibn /a:in9 GY

Ibn /ushd (Averroes!9

Ibn j A6i&9 G9 @9 C9 GHG9 GHC9 G GH9 Ibn Shaddad9 @

GG9 G@H9 G@M9 GJM9 GJJ9 G@9 J@9 Ibn Sina9 Y9

JM3 JJ9 JY9 J9 J9 9 @H9 Ibn Surai9 J9 YH9 G GJ9 G GC9 G@H9

n;CH9 @9 n;YM9 @9 n;M9 @@M9

n;JY

Ibn ar4/a::a:9 C

Ibnar4/ifa9 GJ

Ibn as4Sabbagh9 @G9



Ibn as4Sa GC@

Ibn as4SairaR9 YY

Ibnas4Sa&ah9 G@9 GJ9 GY9 GCM9

? C9 GJ9 @@H9 n; G M

Ibn ash4Shaari9 GJY

Ibn ash4Shar&shi9 GG

Ibn +Asrun9 GH

Ibn at4Taiyib9 GM@9 GMM

Ibn a:4a&a8ani9 CJ9 GJC9 GY

Ibn *ut&an9 J9 @H9 n;

Ibn Kuraid9 GHJ

Ibn Kurustawaih9 J9 G@

Ibn-ad&an9 J9 @G9 n;@

Ibn -aris9 GM9 GYH9 GYG

Ibn )hai&an9 GYG9 GY

Ibn "aidar9 GY

Ibn "aar a&4+As6a&an&9 J9 GM9

PMC3 & B3 GCY

Ibn "aid9 G

Ahad



Ibn "a:9 @9 GM9 @@9 n;GY

Ibn "i&a& as4Sab&9 Y

Ibn "ubaira9 G

Ibn ?ar&r at4Tabari9 @9

Ibninni9 J9@H9 n;M;@

0@M3 J Mf HH9 n;GJC9 @M9 n;GY

Ibn Taiiya9 Ta6I ad4Kin9 @J9 @Y9

@9 M9 JG9 J9 J@; JY9 J9 J9 YH9

YG9 Y9 Y@9YM9YY9 Y9 GMC9 GJC9

GY9 GYC9 GH9 H9 H9 9 @H9

n;@C03 @i9 n;CY9 @9 n;@MG9 @9

n;@G9 @@J @ n;@i@

Ibn Wahb9 CY

Ibn Wahshiya9 Y

Ibrahi a&4"arb&9 GM

Ibrahi a&47ariyan&9 GC

Ibrahi b; *a8s9



Ibrahi b; Qa8ra ash4Shira:i9 GJ

ibtiddE YC

idhn9 GJ9 H

if Qa9 GCJ9 GCY9 HM9 H9 @@@9

nn;M9 J9

iftaE G@9 GGM9 GJH9 GJG9 GM9 GJ9

G Y9 GC9 GC9 GCC9 HM9 GH9 H9

9 Y9 @9 n;@CY9 @@M9 n;@

A&4Ighrab _ ada& a&4irab (a&4

Anbar&!9 GJ

ihtisdban9 GH

Ihyd+ 0u&u ad4Kin ()ha::a&i!9 G

iar9 M

idra9 M

id:a9 @9 M9 GMH9 GM9 GM9 GY9

GJ9 H9 G9 9 @9 CM9 CY9

@9 nn;@YJ9 @@Z @M@9 n;MH

. iR



Ibn 7athir9 MM9 GH9 GJG9 GJ9 GJ9 id:a Wt4tadris9 GM9 H9 9 M9

0JC

Y9 9 CY

@YM

Index

ift

inshd9 Y

iaE GHY9 GH9 GHC9 GG9 GC9 YJ9 I6ba& ash4Sharabi9 GJ



Y9 C9 CH

8hi&df

x6rdE M

i6td M

itihad9 9 M9 YY9 GCC9 H9 9 G9 Ira69 @9 C9 G9 GC9 HM9 GM9 @HJ

J9 CH

I8hti&df a&4*asriyin wa+& 7uRy&n

(Quhaad b; Ahad b;

7aisan!9 GM

I8hti&df an4nahw&y&n (Tha+&ab!9

+I8ria b; +Aar a&4Daani

Ire&and9 @H

Irnerius9 J9 Y9 YY9 @



irti:d69 Y@

4 43

9 JJ

IV&48hi&df ("

b; Iya: an4Nahwi!9 GM

i=9 H9 M9 >J9 GMH9 GYG9 GJ9 Isfahan9 J9 JM9 C9 GY@9 CC

Isfara+ini (see Abu "aid a&4

Isfara+ini!

> H9 H9 H9 @@9 n; GYJ

t i& ad4dirdya9 GMM

"i a&<awd C9 @G9 n;g



"i a&4had&th9 C

"i a&4ada&fVn4nahw C

"i a&4arh wa+t4ta di&9 M

"i a&48hi&df9 G GH9 @@9 n;GJ@

"i a&46ird+a9 C

"i ash4shurut9 YY9 Y9

"i ash4shurut wa"4sii&&dt9 YY

"i at4tafs&r9 C

"i at4tarassu&9 Y

"i usu& a&4R6h3 C

"i usu& an4nahw9 C

i&6 ad4durus9 Y

I&yas ad4Kai&ai9 J9 GJJ

+Iad ad4Kin ad4Kunaisiri9 @G@9

n;@



+Iad ad4Kin a&4"isban&9 GM

+Iadiya adrasa9 GYJ

"shdE @H

Isha6 b0 "unain9 C

Isha6 b; /ahawaih9 M9 GHM

ishghd&9 HJ9 HY9 H

ishtighd&9 H9 Y@9 Y9 HY9 H9 H9

HC9 GH

Isidore of Sevi&&e9 MY

is&dhy M

[i

ia9 J9 Y9 9 G@9 GM9 G9 9 @9 C9 t+:V9 GC9 C

@M3 MY9 M9 M9 J@3 JC9 YJ9 YY9 Y9 i+tirdd9 G@



G@

is a8dn9 G G

isndd9 GMG9 G G

Istanbu&9 G@9 GGC

w=iWa9 @9 JH9 JJ

istihsdn9 @9 n;CY

i+=a+ a&4nstahi669 M

Ita&y9 J9 @C9 MH9 JC9 YH9 Y@9

9 @9Y9 GMY9 GY@9 GYM9 G@9

GH9 G9G9 GC9@GM9GG;H9

@@9 n;G@

Ia a&4"araain a&4?uwain&9

C9C9 GGM9 GG9 GH9 G9 GJM9



Ivo of $hartres9 M9 M9 JC

"wad9 J9 GYC9 @@H9 n;ioo

+I:: ad4Kin a&4Ansar&9 GY

+I:: ad4Kin b; +Abd as4Sa&a9 YY

GH9 GH9 GCY9 MM9 JG9 CC9 @9 dbi (pi; ubdt!9 M9 M9 Y9 GYJ

n 4M3 @@9 n;G + +

; @

ida9 HG

"dra9 M

inceptio9 Y9

India9 @

Innocent vin9 @H

Qarwarrudh

0 4



in6ita 9G@

?acobus

ada&9 Y9 H9 GHC9 no9 in9 GM9

0@ P 3 I M3 MJ9 J@9 Y9 Y9

@@9 n;GJ@9 @Y9 n;G

A&4 ?ada& (Abu c A&i at4Tabari!9 G

a&4ada& a&<hasan9 GH

?a+far b; Quhaad a&4Qausi&,

YZ &ibrary of9 J9 Y

?ahshiyari

In6uisition (in Is&a!9 Y9 Y@9 ?a&a& ad4Kin (see a&4*u&6ini9 ?a&a&



?

Insd\ asd"& a&48hi&df (&b

Ins6\ asd"& a&48hi&df b

(a&4Anbar&!9 GJ

7uRy&n

ad4Kin!

?a&a& ad4Kin /u

a&asa9 G G

a0 9M9 YJ

ad+a9 CM



Index

?aa& ad4KIn9 M

?aa& ad4KIn Ahad b; +A&& a&4

*abar&9 H

?aa& ad4Kin a&4Qi::I (see a&4

Qi::I!

?aa& ad4KIn b; [adI Shuhba (

Ibn [adi Shuhba9 ?aa& ad41

?aa& ad4KIn b; a&4[a&anisi9 GJG

?aa& ad4KIn a:4uhr&9 G M

a0 (pi; awdi!9 C9 GH9 G9 G@9 GM9

@YJ

GG@9 I&Y9 G9 GJ9 GY9 G@Y9 G@9

GC9 Y@9 &9 M9 J9 @H@9 @HM9

n;GY9 @G9 n;C9 @J9 n;Y

a&47a&wadhan&9 CG9 C9 GHG9 GG9

0JJ3 GH9 GH9 9 @9 n;@HM9

@M@9 n;MG



7aa& ad4KIn a&4Anban9 C9 J9

PM3 GJ9@J9 n;YM

7aa& ad4 Kin a&4"usain&9 GY

7aa& ad4KIn a&4Qaghrib&9 GCM

G9 G9 GC9 H9 G9 @M9 @9 Y9 H@9 7aa& ad4KIn b; ash4Shar&shi9 GJ

G@9G9 G9@HJ9@HC9@@M9

n;@

7aa&

@

■ 4

f a&4A:har9 G

+ a&4 "a8i9 G



0 a&4Qa&i8 an4Ndsir

■ ? ai a&>Qa

4? ai a&4Qu

?4

di8iya9 J9YG9 CJ

awdb (pL awiba!9 in9 GG9 G@9

JJ3

A&4?awdhir9 GHC

a&4?awa&i6&9 G9 GM@

a&4a:&ra9 GMC

?ehan de -ierin9 Y9

?erusa&e9 9 GY9 J9 9 C>

C9 @HY

?ews9 GHJ9 G@C

vd&a9 J

A&4?iba&9 C

ibdya9 GYJ

?ibran 7ha&i& ?ibran9 YJ

iha (p&;ihdt!9 HM



ihad9 J

iraya C 0tR9 GY

?ohn of London9 Y9

?ohn of Sa&isbury9 @C9 MH9 M@9

MC9 YJ

ubdt (sg;dbi!9 Y

u J

a&4?unaid9 GM9 G9 GG

?unnat an4na:ar wa4annat a&4itar

4

unun9 MJ

?uran9 i

?



?ur

u:0 (pi; a:d C !9 GMJ

8dghid9 GH9 GG

8a&d9 Y9 9 9 @9 C9 GHG9 GH9

a&a8anI!

7aa& ad4KIn b; Dunus9 Y

7antorowic:9 ";9 MC9 JH9 J9

J@9 Y9

7ar8h (6uarter of *aghdad!9 @9

@H9 GYH9 @HY9 @GY9 n; G J

a&47asan&9 GCY

a&47ashfuII9 G@



i4fatwd

fatwd!

8dtib9 Y

8dtib a&4fatwd (pi; 8atabat a&4ft

G9 GCC

8dtib a&4ghaiba9 GYM9 G9 H

&4fu6ahd

H

a&47atib a&4Isfahan&9 G@Y

8dtib ghaibat as4sdV in9 G9 H

7ay [ubad9



8hddi9 @9 9

8hddi a&48hdn6dh9 @

7ha&af a&4Ahar9 G@J

8ha&ifa9 GC

a&47ha&&&9 G@

8han9 G9 @9 M9 @H9 YM9 9 @GH9

@iJ3 n 40J@3 @ &Y 3 nn;GJM9 0JJi I J Y 3

GJ9 GJC9 GYG9 GY9 GY@Z @G9

n;H

8hdn6dh (pi; 8hawdni6!9 Y9 GH9 @@9

@M9@9 GG9G9 GY9 G9@@H9

n;GG

8hdri9 GC@9 @@9 n;HG

8hatib9 Y9 G9 GM9 Y9 G9 G9 G

a&47hat&b a&4*aghdad&9 GG9 G9 G@9

GM9 GJ9 GY9 J9 M9 GH9 GHM9 GMJ9

GH9 GC9 GC9 @GY9GG;GYJ

8hatt9 GC9 M

4 a&47hattabi9 GM@



8hawdni6 (see 8hdn6dh! 9 G

a&47hawari:i9 GCY

8hida9 @

8hi&df9 J9 9 H9 @9 C@9 C9 C9

GHY9 GH9 GH9 GHC9 no9 in9 GG9

@ YY

Index

9f

GGM9 GGJ9 GGY9 GG9 GM9 GM9 GCM9

5 H9 HC9 MJ9 M9 J@9 JC9 Y9

YM9 YJ9 Y9 9 C9 @9

n 4CM3 @MZ n;GYG9 @@9 n;H

A&48hi&df bain an4nahwiyin (ar4



/uani!9 GM

A%8hi&df bain Sibawaih wa y &4

Qubarrad (ar4 /uani!9 GM

8hi&&a C GJJ

8hitdba9 9 @@9 n;G

7hitat9 M

8hiydria9 JY

8hi:dna (pi; 8ha:d+in!9 GH9 M9 J9

9 @GY9 n;GYY

a&48hi:dna a&4i&iya C J

8hi:dnat a&4hi8a9 J9 @H9 nn;GYC9

+ 8hi:dnat a&48utub9 J9 @GY9 GGGG;GH9

Ii3 GG

7hurasan9 9 M9+ GH9 GH9 G9

iC3 @H@; @GH

8husus9 GHM

8hutba9 G9 G@9 GM9 G9 G

7hu:istan9 G@J



7hwara:9 @

G@9 G@9 G@C; GMH9 GMG9 x M@3 "Y9

GYM9 GYJ9 GY9 G9 GH9 G9 GCM9

0C3 r C 3 HM9 GG9G9GJ9G9

G9 GC9 M9 J9 G9 Y9 9

@H9 @H@9 @GJ9 n;GHG9 @9 n;@H9

@9 n;@JC9 @C9 n;Y9 @@9 n;GG

7ufa9 9CC9 G@@9 C@

a&47urdi (see *adr b; "asanawaih!

8uttdb y GC9 @9 Y9 @@Y9 n;@

8utub C M9 9

8utub a&46udadE

8utubi9

Lahore9 @

a&4Laithi9 CC

&a6abyi>

Latd+ifa&4ishdrdt (a&4[ushairi!9 @

&ectio C M r9 M9 MJ9 MC9

Liber sententiaru 'rosperi ('rosper

of A6uitaine!9 MJ9 MY

&icentia docendi9 9 @9 M9 J9 ;



Y9 9 CY9 @Y9 n;9 @M9

n;J

Lioges9 Y ;

Louis the 'ious9 YH

a&4Lubiyani (see Ta6i ad4Kin a&4

Lubiyani!

&ugha9 C

Lua a&4adi&&aR usu& an4nahw (a&4

Anbar&!9 GJ

a&4Qa+arri9 GY9 G@9 G@C9 @G9 n;

A&4Qatfath (Abu Shaa!9 GJ

Qac&ver9 @0

7itdb a&4Awd+i& (a&4Qar:ubani!9 GM addris (sg; adrasa! a&46addE HG

7itdb a&4-unun (Ibn +A6i&!9 JJ9 JY adhab (pi; adhdhib!9 G9 M9 C9 GH9 G@9

0J3 & 9 GC9 H9 9 @9 @M9 @9 @C9

MJ@ J9 Y9 9 H9 @9 C@9 C9 GHH9

GHG9 GHC9 no9 in9 GGM9 GGJ9 GG9

GG9 GGC9 GH9 GY9 GYJ9 GCH9 GCG9

GC9 GCC9 HH9 G9 @9 JJ9 9



A&a

Quhaad

7ing+s $o&&ege (Aberdeen9 Scot4

&and!9 @H

a&47isa+I9 G9 CC9 G@9 G@9 GYH9 @HC9

@ C9 n;@J

A&4 7itdb (Sibawaih!9 M9 G@9 GYH9

YC

8itdb a>

7itdb a&4Iddh (Aba +A&& a&4-arisi!9 J9

CYZ coentary of (+A&& b; +Isa

ar4/aba+I!9 CY

7itdb a%Ifada ( c Abd a&4Lat&f!9

8itdbat a&4ghaibdy GYM



7itdb a&4I8hti&df (+%b:id A&&ah b;

Quhaad a&4A:d&!9 GM

7itdb a&47uttdb (Ibn Kurustawaih!9

J

A&47itdb a&4ar6u (Abu Shaa!9

GM

■Qasd

Qas a

9E



GM

GM

■Nadt

a&47iya a&4"arrasi9 GH@9 G@M9 GJY

7oran9 @@9 M9 Y9 9 H9 G9 9

@9M9C@9 GHH9 GHG9 GG@9 GC9

9 9 CH9 @GY9 n;GY9 @@@9

n;C

adhdhib a&4R6h9 @

ddih9 GY

adrasa (pi; addris!9 Y9 C9 GH9 G@9 GC9

H9 9 @9 9 9 @G9 @9 @@9 @M9



@Y9 @9 @C9 M G 9 M9 MJ9 MY9 M9 J G 9

J9 J@9 JM9 YG9 Y9 Y@9 YM9 YJ9 Y9

Y9 YC9 H9 G9 9 9 C9 J9 C@9

GH9 no9 in9 GG@9 G9 G@9 GY9

G9 GM9 GJ9 GJM9 GJY9 GJ9 GJ9

GJC9 GYG9 GY@9 GYM9 GY9 GY9 GYC9

i[3 GM9 GJ9 GH9 GG9 G9 GM9

GY9 G9 G9 GC9 GCH9 GCG9 GC@9

0

G

t

G

Index @Y

0CM3 x CJ3 +C Y 3 0CC3 HG9 HM9 HJ9 a&is a&M&aE G



H9 GH9 G G9 G9 G@9 G9 G9 a&is a&4undgara9 G G

J9 9 @9 Y9 H9 G9 9 a&is a&4way G G

@9 M9 9 C9 C@9 CJ9 CY9 a&is an4na:ar9 G G9 G@@9 @M9 n;GYH

C3 C9 CC9 @HH9 @HG9 @H9 @H@9 a&is ash4shu ardE G G

@^M3 @^J3 @ oY 3 @^3 @ o 3 @^C3 @ IO 3 a ? &is aQadris9 G G

@GG9 @G9 nn;@9 G@C9 GYM9 H9

GH9 JYZ @9 n;9 @C9 n;@9

&4fatwdy

a8tab9 GC9 @M9 Y9 @9 Y

@@03 n 4 x JJ3 @@9 nn;iY9 GZ @@J9 a&i89 9 G@

n;CY

a&4Qadrasa a&4+A:i:iya (Kaascus!9



adrasa4diE H9 G

Qadrasa Qustansiriya9 Y9 9 G G9

GH

Qadrasa Ni:d&y a (*aghdad!9 GJ9

Qa&i89 9 @9 M9 J9 G9 GH9 G@H9 G@@9

G@9 GM9 GMC9 G9 C9 CC9 @9

@9 n;YG

a&4Qa&i8 a&4 f Adi& Saif ad4Kin Abu

*a8r9 @9

A&4Qa&i8 +A&a+ ad4Kin b; *ahra9

H9 M9 J9 Y9 @H9 @G9 @M9 @J9 MG9 a&4Qa&i8 a&4Ashraf9 G@

M9 MY9GJ9 Y9 C9 CJ9 C9 GH@9 Qa&i8 b; Anas9 CY9 G@@9

GH9 GM@9 GJM9 GJJ9 GJY9 GJ9 GYY9 Qa&i8P



GY9 GC@9 GCM9 GCY9 9 @HG9 @H9

@53@3 @ oY 3 @^3@^C3 @3 @.3

nn;H9 JYZ @J9 n;@9 @@H9

n;YM9 @@G9 n;GJJ9 @@Y9 n;@YG

Qadrasa Ni:d&y a (Nishapur!9 @9

J

Qadrasa Nuriya (Kaascus!9 GM@

Qadrasa Sd&ihiya (?erusa&e!9 C@ 9

GY

Qagians9 G@C

agister9 Y

agisteriu9 Y9 9 C

Qague&one9 M9 CM

ahddir a&<dawd3 GCC

a&4Qahai&i ad4Kabb&9 9 G GC

Qahud9 MG9 GJY

Qahud b; Sabu8ta8in9 9 G@9

G@



9 CC3 ioi3 G9 G@9 G@@9 G@Y9

0MC3 & J & 3 id000 @9@HH9 @G9

n;

Qa&i84Shah9 MG9 CC9 @HM9 @G G

Qa&&et9 ); 1;9

a&u9 J9 Y9 GY

Qarn&u89 MG9 M9 HJ9 C

au&9 YC

au& a&4+di&9 YC

a&4Qa+un9 9 G 9 J9 J9 C9 H9

C9 GHJ9 G9 9 @9 n;Y9 @@Y9

n;@J

4Qan8hu&

MM

MJ9JG

QansRe&d (Lord!9 @>

ansu8h9 GHM



a&4Qansur9 G@9 4GJ9 GY

Qaionides (see Qusa b; Qaiun anti69 G GH9 @@9 n;GJ@

a&4Dahudi!

Qaiyafari6in9 9 9 GC@

an:i&9 Y@

an:i& a&4+i&9 @GY9 n;GYJ

Qad ad4Kin b; Taiiya9 GM@9 H9 Qa6ddt (a

A&4Qa6dsid

Qad ad4Kin (-a8hr ad4Kin!

Dahya b; ar4/abi0 (see Dahya b;

ar4/abr!



Qad ad4Kin Isrna +II b; Quha4

ad9 Shai8h a&4Qadhhab9 og

a&is9 GH9 GG9 G9G9G9@G@9

;n4M@3 @ M3 n; G 99 n;@@

a&is a&4adab9 G G

a&is a&4fatwa9 G G

a&is a&4fatwd wa+n4na2ar y GG9 G

a&is a&4had&thy G G

a&is a&4hu89 G G

a&is a&4+i&9 GG9 @GY9 n;G

a&4Qa6disi9 @9 J9 s

a&4Qa6ri:I9 9 Y9

C9 @HC

Qarand9 C@

Qardtib a&40u&ad+



a&4Qardawi9 G 9 2

arifa9 GY

Qarischa& $o&&ege

@H9 @@

Qarsha&& ($hief ?

@

Qarte&9 $har&es9 s

Qartinus; >

@Y

Qarw9 C

Qarwarrudh9 C

a&4Qar:ubani9 GM

asa+i&y in9 GGY9 GG9 GG9 GGC9 G@

GM9 @M9 nn;GYH9 GYG9 GJ

asd0i& a&4i6h9 G G

as ai& a&48hi&df9 GG9 GG

Qasd+i& a&48hi&df R4 n4nahw (+Abd a&



Qun+i b; Quhaad!9 GM

Qasd+i& a&48hi&df fV n4nahw ("usain

b; *adr b; Iya: an4Nahwi!9 GM

A&4Qasd+i& a&48hi&aRyafVn4nahw

(a&4+%8bar& a&4"anba&i!9 GM

a&4asd+i& a&48hi&dRya9 GHC9 in9 GG9

GG9 JH9 Y9 Y

asai& at4ta0&i6 C GG

Index

Qetaphysics (Aristot&e!9 J@

i ad (pi; awa+id!9 H9 G9 G@

Qichae& GG (1peror of *y:antiu!

JC

a&4Qihani (see As0 ad a&4Qihani!

Qihna9 9 G

Vdr&9 GYJ



i ariya9

inbar9 G@

A&4Qisr&ya

GYJ

GJ9 G

Qasd

/uani!

ds+a&a9 in9 G@9 J@9 H9

asdar9 HY

ashh



@M!

(naed

GG

a&4Qi::i

Qedina9

4 G;4 y .T v B 00T23 00%@

Qeiers9 1; Q;9 M@9 MM9 JG

Qontgoery Watt9 W;9 Y

Qontpe&&ier9 M9 CM

os6ue9 GH9 G9 G@9 GM9 GJ9 GY9 G9

H9G99J9@9M9MY9J9@9

9 9 9 GJM9 GH9 HM9 HJ9

HY9 G9 G9 GC9 G9 C@9 C9

@^M3 @HJ9 @HY9 @H9 @G9 @C9 n;MM

Qos6ue of +A6i& (Nishapur!9 @9 GYY

Qos6ue of a&4Qansiir9 GJ9 GY9 G9 G9

CY9 GGY9 GJM9 GJY9 GYY9 GH9 G



Qosu& (a&4Qausi&!9 J9 Y9 CC9

n 40JJ

u+addib9 GC9 GC9 @@Y9 nn;@J9 @

u+adhdhin (ue::in!9 GYM9 G@

ashya8ha9 GJ@9 GJ9 GYM9 G

ashya8hat a&4hddith9 GJ@9 GY9 GH

ashya8hat a&46ird+a9 G J

ashya8hat an4nahw9 GJ@9 G9 GM

asid9 C9 GH9 G9 G@9 GM9 G9 GC9 i9

9 @9 M9 9 9 C9 @H9 @9 @@9

@M9 @Y9 @9 @9 @C9 MY9 M9 M9 JG9 4 9 ;

J9 J9 YM9 YJ9 YY9 Y9 9 @9 M9 ua&&i (pi; u+a&&iun!9 GC

C9 no9 G@9 GY9 G9 G@M9 GYH9 u a&&i a&48uttdb 9 GC

GH9 G9 G@9 GM9 G9 GC@9 GCM9 u+da&a (pi; u+da&dt!9 J

G9 G@9 G9 G9 J9 Y9 H9 u+da&dt (sg; u+da&a!9 9 @M@9

G9 @9 @HH9 @HM9 @HJ9 @H9 @HC9

@GH9 @GM9 n;H9 @GJ9 nn;G9 G@9



& @ [ 3 0@CZ @09 .4GC9 @09 n;JG9 u+drid9 9 JH

n;M

udrada9

@0C9 n4@J9 @C9 n4MM

ubdh9 G

asid48hdn9 9 9 C9 @G9 @9 GH9 ubdhan9 @Y

GG9 G9 GM9 @GH

as8in9 YM

asrif9 YC

asru=& YC

Qassachusetts9 @@



Qas+ud ar4/a:i9 GJM

afba8h9 GG

Qather9 @M

Qatthew of 'aris9 J

a&4Qawardi9 G9 J9 G9 9 @GM9

n;H9 @G9 n;G9 @H9 n;

a:;d&i y J

Qecca9 9 C9 JY9 @9 C9 GHJ9 G G;

GM9 GMC9 GJM9 GYG9 G9 GC9 C@

Qerton $o&&ege (Oxford!9 9

C9 @@9 @Y9 @9 CH

Qerv; [

E X

a&4Qubara8 b; 7ai&

GCY9 GM



a&4Qubarrad9 J9 GYH

ubdshara9 Y9 Yg

ubdshir9 MJ9 JY

ubtadaE YC

ubtadV (pi; ubtadVun!9 GG9 G@9

JY

ubtadVun (sg; ubiadV!9 GG9 G

udarris9 Y9 @M9 M9 J@9 YJ9 Y9 GG@9

?9 GJ@9 GY@9 GYJ9 GY9 GH9 G@9

G9 G9 GC9 GC9 GC@9 GC9 HH9

HG9 H@9 GH9 Y9 G9 M9 9

C9 @H9 @Y9 n;J9 @C9 nn;@9

CZ @@M3n;C

udda9 GC

a&4udda a&4asruf+anhd9 Y6

!



Index

uddat a&4ubdshara9 H

udhd8ara9 G 9 GH@9 GHM9 JH9 Y9

@@9GG;GH9 @@C9GG;G GC

ue::in (u y adhdhin! y G9 @9 MY9

JC3 Y @3 Y9

A&4Qufhi &i4Sahih Qus&i fAbd

a&4)haRr a&4-arisi!9 @

uRd9 GY9 GCJ9 HM9 HC9 GM9

ufti9 in9 G9 GMH9 GM9 GMC9 GJc

& J & 3 0Ji i J B &Y 3 G9 GCM9 GC9

@YC



iiid9 GH@9 G9 G@9 GY9 G9 GC9

>C@; GCM> 0CJ9 GCC9 HC9 GM9 Y9

9 @@@3 n;GG

Qw

GY9 GJ9 i3 GC9 H@9 GJ9 GY9

H

uarrady GH

a=i?9 in9 G@9 JH

Qua& a&4&ugha (Ibi

GYH9 GYG

& C3 P CC3 HH9 HG9 HM9 Y9 H9 utahid9 GC9



Y999J9CG9@@M9

n;C

uhaddith (pi; uhaddithun! 9 C9 GY9

utahid usta6i&&9 G C

utdy G Y

u8hdsaa9 M

GHM9 GHJ9 G@@9 GMJ9 GMY9 GMC9 GJ9 u&a:aa9 Y9 GGM9 GC9 GC@

GYG9 GY9 GH9 GY9 GCY9 GG9 G9 u&d:i9 GGM9 GC

G@9 9 G9 @9 @Y9 n;Y9

@@@9 nn;GJ9 M

uhaddithun (sg; uhaddith! 9 M9 GGC9

"M3 "J0 II 3 G@

A&4Quhadhdab9 MY

Quhaad a&4+%8bari9 GM



Quhaad Ain a&4+%ar&9

Quhaad ash4Shaiba (see ash4

Shaiban&!

Quhaad b; Ahad b; 7aisan9

GM

Quhaad b; +A&an9 GMC

Quhaad b; a&4"asan a&4Ahwa&9

0

GM

Quhaad b; a&4"asan ash4

Shaiba (see ash4Shaiba!

Quhaad b; "ibban a&4*ustL

GH

Quhaad b; ?a0 far9 GYG

Quhaad b; Qus&i b; Wara9

GHM9 GHJ

Quhaad b; /a:in a&4"aawi9



GCJ

Quhaad fc+%baid A&&ah a&4

+%8bar&; GCY

Quhaad b; Dahya a&4Ansar&9

GM

Quhaad b; Dahya a&4?ura9

Y

Quhaad b; Dahya ar4/ibah&

a&4A:di9 GM

Quhaad b; Da+6ub a&4Asa9

A&4Quharrar fVn4nagar (Abu +A&&

at4Tabari!9 GH9 GM

uhdwara9 G G o

uhdir9 G9 GCC9 H

a&4Quhibbi9 GJC9 GC

Quhy& d4Kin a&4[urash&9 C@9 G@

Qu&hat a&4Vrdb (a&4"ariri!9 Y



u&8y GJ@

3

u in9 GC

und6asha9 G G o

und:ara9 G@9 9 GHC9 no9 in9

GG@9 G9 G@H9 G@Y9 GJH9 GC9 MJ9

JH9 J@9 Y9 @M9 n;GYG9 @C9

n;

Qundhir b; Sa+id a&4*a&&ut&9 G@

unshidy GJ

untahin (pi; untahun!y GG9 GJ9

GJ

untahun (sg; untahin! 9 GG9 G@9

GM

Qunta>a (Ibn a&4?au:i!9 G@9 G

u6dba&ay



u6dbi&y

Qu6addia (Ibn 7ha&dun!9 GHC

A&4Qu6nV R i8hti&df a&4*asriyin

wa+& 7ufty&n (Ahad b;

Quhaad an4Nahhas!9 GM

u6riE GYJ9 GJ9 @9 @@Y9 n;@YG

A&4Qu6tadab (A&4Qubarrad!9 J

a&4Qu6tadir9 GC9 C9 G@Z other oi

MH

urattaby J9 YG

Qurcia9 @9 GMG

uridy G Y

urta:i6un (sg; urta:i6!9 Y@

Qusa b; Qaiun a&4Dahud&

(Qaionides!9 Y

usaddafy H@

usahhih;

ushdrafa9 GYJ

ushdra8a9 G@



ushdrify GYJ9 G

ushidd a&4+idra9 GYJ

Qush8i& a%[ur>dn (Ibn [utaiba!9

J

@o

us8rif9 MJ9 M9 Y9 G

ushtaghi& (pi; ushtaghi&un! 9 GYM9;

GJ9HY

ushtaghi&un (sg; ushtaghi&!9 GYM9

H

us&b9

Qus&i9 GHH9 GM

Qus&i b; 7ha&id9 G MC

Qusnad (Ibn "anba&!9 GYG

ustafti9 in9 GC9 Y9 9

ustahabb9 G

ustahi66 a&4i&89 Y

ustairun9 M



ustai (pi; ustai uri!9 GYM9 GJ9 naAy9 M

Index

Qu f ta:i&is9 > GY9 G9 GJ9 G@M9

G@9 GY9 GJ9 @HH9 @HG9 @H9 @H@9

@.

Quwaa6 ad4Kin c Abd a&4 f A:i:

as4Su&a&9 G G

A&4QuwattcB (Qa&i8!9 GM

a&4Qu:ani9 J9 G9 G GJ9 G GC9 GH9

GM

nahda9 YJ

nahw9 C9 H9 GM9 G9 GM9 @G9

n;i9 @M9 n;GYH9 @J9 nn9MH9 Y@

nahwi9 G9 GM9 @H



HY9 H

ustai0 un (sg; ustai+!9 GYM

usta&i9 G9 GCY9 G@9 GM9 G9

@@@9 n 4@

ustanib9 GYC

a&4Qustansir9 Y9 9 @G@9 n;@@

a&4Qustarshid9 MG

A&4Qustasfa in +%rn a&4usu&

()ha::a&i!9 G

ustauR9 M

utd0 a8h8hirun9 M

utdba6a9 YC

a&4Qu+tadid9 GY9 @HC

utafa66ih (pi; utafa66iha! 9 GYM9

G9 i@3 >J! GCM0 H9 GH9 GC9

Y9 Y9



utafa66iha (sg; utafa66ih!9 G9

I @3 M3 &Y 9 ? C^9 I CM3 @C9 n; wa>9 YG

uta8a&&i (pi; uta8a&&iun! 9 9 @H@ Nasa9 @

i:a+i2 (pi; nuwdb!9 G9 M@9 MJ9 GJY9

GY9 G9 GC9 GC@9 GCJ9 GC9 GC

na+ib an4na:ar9 GYJ9 G

nd+ ib 4udarris 9 G9 G

nd+ib4utawa&&t9 Y9 G

nd+ib4ra+is9 GC

an4Na+ini9 G GC

Na ad4Kin b; a&4Lubudi9 GY9

99 YH9 @G@9 n;@

Nap&es9 @9 @9 M

na6d a&4a&9 M;

na6&b (pi; nu6abd+!9 GJ9 GY9 J9 H

na6ib a&4hdshi&yin9 GM9 GJ9 GY

na6&b a&4nu6abaE GJ9 @GC9 nn;@GC9

@H

na6ib at4ta&ibiyin9 @GM9 n;YY



na6L

uta8a&&iun (sg; uta8a&&i!9 GH

a&4Qutanabbi9 M9 GHH

uta6addiun9 M

utasaddir9 H9 H@9 HM9 HJ9 HY9

HC9 GH9 G@9 H

a&4Qu+tasi9 9 H

a&4Qutawa88i&9 9 H9 JC

utawa&&t9 @@9 @M9 MJ9 MY9 M9 M9 MC9

JH9 Ji3 J9 J@9 JM9 JJ9 JY9 JC9 YH9

YG9 Y9 Y@9 YJ9 YY9 Y9 Y9 H9 G9

9 @9 M9CM9CJ9CY9 GJ9 GY@9

GYM9 GYJ9 GYY9 GYC9 GH9 GG9 GM9

an4Nasa+I9 GMY

An4Nasibiya9 C

ndsi8h9 GHM9 G

an4Nasir9 Y9 @G@9 n;@@Z other of9



GCM

Nasir ad4Kin b; a&4+Atta&9 GJG

Nasir b; Ahad at4Tusi9 GHJ

Nasr A&&ah a&4"anba&i9; JG

Qa6d

G ■ M

Nawddir

YY

[Z

GJ9 G9 GCM9 GC9GG9@H9@G9 an4NawawI9 YH9 Y@9 GH9 GY9 G9



nn;9 CZ @GC9GG;@G

utawassit (pi; utawassitun! 9 GG9

G

utawassitun (sg; utawassit!9 GG9

G

Qu+ta:i&i; ; ;; tR; at; H; iC[;

G 9 GC

HC

G@H9 GY@9 GYJ9 @GC9GG;@@G9 @J9

n;GC9 @Y9 nn;H9 G

na:89 MJ9 M9 M9 JG9 JM9 JJ9 Y9 G9

>@9 GYJ9 @G9 n;C9 @@9 n;GG

I M9 GJ9 G@9 G@9 G@9 GY9 G9 an4na:;ir a%utawa&&&9 MJ9 M

J9 J9 M9 C@9 C9 @HH @HG9 Neesius of 1essa9 YH

@H@9 n; GY Nestorian9 C



Index

New "apshire9 @H9 @@

New "aven9 C9 @M

Nicho&son9 /; A;9 G@9 G@C

Nico&aus -uriosus9 MM9 JG

@G

praedicatio9 MC

pre&ectio9 MG9 M

'rician9 YC9 H

'rinceton9 C

Nishapur9 9 @9 @9 G9 G@G9 GCY9 'roc&us9 G@9 @9 n;@H

GC9 G9 C9 CC9 @H9 @G9 @GJ9 'rosper of A6uitaine9 MJ



n;G9 @Y9 n;J9 @@@9 n;H9

@@M9 n;J

niydba9 GYC9 G9 G9 @Y9 n;J9

@@H9 n;C

niyabat an4na:ar9 GYJ9 G

Ni:a a&4Qu&89 GJ9 9 M9 J9 @G9

@9 MH9 MG9 M9 JM9 C9 GM9 GJJ9

@9 CJ9 C9 CC9 @HH9 @H9 @H@9

@HM9@HC9 @n9 n 4HC

North Africa9 M9 GH9 @9 Y9 @9 MH

Nu+aia9 Qi8ha+i&9 YJ

an4Nu+aii9 GC9 H9 @9 GJC9 GY@9

.i9 GM9 r CJ9 HM9 HJ9 H9 G@9

GY9 @9 @G9 @G@9>@9@@M9

n;YC

Nur a&4"uda a:4ainab&9 GJJ9 GY

Nur&ya hospita& (Kaascus! 9 G Y

obectio9 J@

opponens9 JH

Organon (Aristot&e!9 MC



Or&eans9 Y@9 YM9 M

Ottoan9 G@9 GGM9 GJC9 GC9 GC@9

GCC

Oxford9 GC9 GYM9 9 9 @@9

'rotagoras9 @@9 n;

'seudo4Kionysius9 YH

6aada9 G G

A&4[abbabtin (6uarter of

Kaascus!9 @

6dd&9 9 Y9 G G9 G9 @Y9 @9 MG9 MM9 MJ9

MY9 M9 MC9 JG9 J9 J@9 JM9 JJ9 JY9

J9 YG9 Y9 C@9 C9 GH@9 GH9 G@9

PJ9 G@@9 G@9 GJM9 GJJ9 ? JY9 GJ9

GYY9 GY9 GG9 GM9 GM9 G9 GC9

GC9 GC@9 0CM9 GCJ9 0C HG9 H9

GH9 J9 @GC9 n;@GH9 @Y9 n;J9

@@@9 nn;M@9 MMZ @@M9 n;JY



6adi+&46udat9 G@9 GJJ9 GJY9 GJ9 GYY9

HH9 @GC9 n;@H9 @Y9 n;J

[adI 7han9 M9 M9 MC9 J9 YM9 @GC9

nn;@G9 @

a&4[adir9 9 G@9 G@@9 G@9 GY9 @GH9

@@@9>;MM

[adiri creed9 G Y

[adiriya9 G

a&4[aa& ash4Shash&9 GH9 GM

a&4[a+i9 9 GM9 GJ9 C9 GJH9 @GH

Hais of Qecca9 G M

@ Y 9 @C9 MC9 JH9 M9 C@9 @@J9 6aiyi (pi; 6uwa!9 @@9 MJ9 M9 M9

n;@G

'aetow9 Y@9 YM9 Y9



'a&encia9 @9 @

'a&estine9 GYG

'aris9 GM9 GC9 J9 9 @Y9 @9

J9JJ;J9JC;Y@9 9 GYM9 G@9

G9 @GC9 n;@J

6drV a&4ashr9 GJ

6drV a&48ursi9 G9 G

6asi a&4fa6&h9 G @

a&4[asi b; +Asa8ir9 GH

@ 3 @C3 MH9 YH9 Y@9 YM9 @9 6dss9 G9 G

M9 J9 Y9 C9 H9

pars9 J@

'edersen9 ?;9 H9 @HM9 @HJ9 @H

'e&ster9 -;9 MC9 JH



'ennsy&vania9 @@

'eter of Ai&&y9 C

'eter of "e&ias9 Y9 H9

'hi&ade&phia (%niversity of

'ennsy&vania!9 C

'hotius9 M9 JC9

pia causa9 Y9

'iero de&&a Vigna9 Y9 Y

'isans9 YH

pope9 Y9 C9 H

'owic8e9 -rederic8 Qaurice9 J9

J9 CM9 CY

6au&9 G HY

6awdR9 C

a&4[ifti9 M9 GGY



6ira a9 H9 GM9 GM@9 GMM9 MG9 M9

MJ

6ira. at9 GG@9 GM9 GM@

6iraB at nafsih9 GM

6ira. atari9 J

6irat9 H

6iyda9 GYM

6uaerens9 JH

6uaestiones disputatae9 M9 JH9 JG9

J9 J@9 Y9 Y

[uinti&ian9 MG

6ur+dn9 GMG9 M

@

6urba9 @C9 @HC

a&46urra+ bV&4a&hdn9 GJ



Index

MM

[

■[utrub

GH

/abr b; Su&aian9 G

ar4/adi an4N&saburi9 GHC

/aRdis9 G@

ar4/aR+I (Ia ad4Kin Abu+&4

[asi 0Abd a&47ari b;

Quhaad a&4[a:win&!9 GJ



rai YG

raBis9 G@9 G@H9 G@G9 G9 GC9 @Y9 /u8n ad4Kin *aib&rsf>

/iyad as4sd&ihin (Nawawi!9 G

riydda9 M

riydsa9 Y9 GG9 G9 GC9 G@H9 G@G9

G@9 GMH9 GJG9 GJ@9 GC99@Y9

n;H9 @9 n;@CY

ri:69 J9 GG9@@H9GG;J

/oche9 ?ean9 Y9

rub0 a9 GJ

ar4/udhbari9 GMY

/u8n ad4Kin a&4+Aidi9 GHC

"aadhani; GH

n;J



ar4/u9 GC

ree&s ar4ru+asaE G@9 GC9 @Y9 n;J ar4/uani9 GM

/a iy @ CC

ra=ca9 G G

/ahuru:9 J9 Y

ar4/aishi9 GCY

/a&a9 GYG

ar4/a66&9 GJH

raE G@H

ra+s a:4:anddi6a C G@@

/ashda&&9 ";9 M9 J9 9 9

Ar4/usafa (6uarter of *aghdad!9 G@

rusurn9 Y

/utgers9 C



sa a9 G@M

sab0 (pi; asba0!9 H

as4sab0 a&48abir9 H

sab G a&48uriya y H

Sabian9 C

@H9 @Y9 @9 Y9 Y@9 YY9 Y9 Sabur b; Ardash&r9 J9 Y

@3 CM9 @G

rdtib y J

/ationes dictandi ("ugo of *o&ogna!9

YY

rdwi9 GMY

39 @

Archbishop /ayond9 YH

ar4/a:i (see -a8hr ad4Kin ar4

/a:i!

re gens9

/eis9 M



repetitiones9 JH

repetitor9

reportatio9 MM9 MJ9 JG9 J@9 Y9

reportationes9 M

respondens9 JH

responsu9 JM

/evigny9 M@9 MM

nbat9 Y9 GH9 9 @9 J9 @@9 @M9 @9

@C3M3Ji9J9 Y@9YM9 9Y9 GJ9

GJ9 G9 &Y9 @9 @G

/ibat ofa&4Qa+uniya (*aghdad!9

Y

Sa+d a&47hair a&4Anda&usI9 CJ

sada6a9 @9 J

sadr9 HM



Sadr ad4Kin fc

9 GMC

s6fah9 MJ

Wa8i&

CY

?u&

ar4/ifa+I (see Abu Isha6 ar4

/ifa+i!

A

Qu6aa+!9 GHY



sahdbat ad4diwdn9 GYJ

sahdbi9 @Y9 n;Y

sahib (pi; ashdb!9 9 @H9 C9 no9 GGM9

GJ9 G9 GMH9 GMY9 GJ9 GC9 GC@9

G9 9 @9 n;Yi9 @Y9 n;Y

sahib ad4diwdn9 G YJ

sahib at4tara8dt9 G@@

as4Sahib b; c Abbad9 C

Sahih (*u8har&!9 C

Sahih (Qus&i!9 GM 9499;;

Sah& b; Ahad a&4Arghiyani9 C

Sahnun9 M

Saif ad4Kau&a9 GY@

Saif ad4Kin a&4Aid&9

sd+i& C in9 JH

sair6R9 M

as4Sa8hawi9 GG



Sa&adin9 @9 M9 9 @HY

sa&aft n9 G9 J

Sa&ah ad4Kin a&4 j A&a+I9 G G

so&di9 GJ9 G9 @G9 n;C

Sa&erno9 @C9 YG9 Y@9 M

E

@

M

v

G

3



M

f

i0 G

[asi a&4[ushair&!9 Sa&u69 GM9 9 @9 MG9 GJM9 G@9

r

f

00

t



I

04■ fa

Index

YH9 @9 C9 C9 CC9 @HH9 @HG9

@H9 @H@3@^M3@.

Sa&i b; c Abd ar4/ahan a&4

[a&anisi9 GJH

Sa& (of tribe of ?ai b; Qurra!9

GYH

sadE @9 GMH9 GM@9 GMM9 GMJ9 M@9

@9 n;@

sad+an9 J

as4Sa c an& (Abu Sa+d!9 GYY

as4SdifV&4asdi (Ahad a&4

Qaidani!9

sdxun (sg; sdrrri+!9 GMG

sanat a&4fu6ahdE GM

Santi&&ana9 K;9 @@

Saragossa9 J



far=9 M9 GM>

sarR9 GM

as4Sar& ar4/aa+9 Y

Sarti9 YY

Sarton9 )eorge9 @

Schacht9 ?oseph9 G9 9 M9 Y9 9 @J

Scot&and9 C9 @H

Se:gin9 -uat9

shadd a&>idra9 GYJ

Shaft0P9 G@9 GJ9 G9 G9 CY9 GHH9 GHM9

@@

Kin Isai& b; Quhaad!

shai8h a&46ird0a9 GJ9 @@9 n;GJM

shai8h an4nahw9 G 9 G M

shai8h ar4ribdt9 G Y

shai8h ar<riwdya3 GH



shai8h ash4shuyu8h9 M9 G@9 GY

shai8h a:4:dwiya9 GY

shai8h shuyu8h a&40driRn y GY

Sha&abi9 Ahad9 C@

Shdi& (Ibn as4Sabbagh!9

Ash4Shdi&9 MY

Sha&ya adrasa 1xtra Quros9 JC9

GYM9 GY9 GYC9 GG9 G9 GM9 GM9

GJ9 HG Z Intra Quros9 G@9 GM9

GJ9HG

Shas ad4Kin a&4A8hna+I ash4

ShaR GY

Shas ad4KIn a&47ufahi9 GYC

Shas ad4KIn a&47ufti9 G M9 @M9

n;G

Shas ad4KIn a&4Qa6disI9 GY

Shas ad4KIn b; a&4?a:ar&9 HJ

Shas ad4KIn b; an4Na6&b (d;

JM h!9 GMC



Shas ad4KIn b; an4Na6&b (d;

MJ=i@MJ! J GM

GHJ9 GH9 in9 GGC9 G9 G@9 G@Y9 Sharaf ad4KIn b; Sa&&a9 GCC

GM9 GM9 GMC9 GC9 GCJ9 GC9 H9 Sharh Qasd+i& a&4A8hfash (ar4

C@9 C9 C9 CC9 @HC

ShaR+i (a ShaR c i!9 Y9 9 GJ9 H9 M9

@H9 @M9 MG9 MC9 JG9 Y9 Y9 Y9 YC9

9G999C9CC9 GHG9 GH9

/uanI!9 GM

shar&f9 GJ9 GY9 G9 C9 J9 G@M9 @@@9

n;MM9 @@M9 n;JC

as4Shara6ani9 G9 @GJ9 n;G

GGJ9 GG9 GG9 GGC9 GH9 G9 G@9 ash4Shasht;(>e Abu *a8r as4



G@M9 GM9 GJ9 GJM9 GJJ9 IJ Y 9 >

ShashI!

GY@9 GYM9 GYJ9 GYY9 GY9 G9 G9 Ash4Shifd0 (Ibn Sina!9 Y

GH9 G9 GJ9 GCH9 GCG9 GCC9 HH9 Shifd+ as4sa6dR :iydrat 8hair a&49

HG9 HC9 C9 CC9 @HH9 @HG9 @H9

andrri (Ta6I ad4KIn as4Sub8&!9 G

@H@9 @G9 nn;@9 JY9 GJC9 GCC9 Z Shihab ad4KIn a&4-u6a f I9 GHG

@M9 n;GY9 @J9 n;@9 @C9 n;@ Shihab ad4KIn a&4Qa6disi a&4

shahdda9 HG9 H



shahddat a&4+idra9 GYJ

Shahda bint a&4Ibari9 Y

Shahfur a&4Isfara+ini9 C

shdhid (pi; shuhud!9 GCM9 HG9 H9

9 @@M9 nn;J9 J9 JC9 YC

shdhid a&4+idra9 GYJ

shahida (pi; shawdhid!9 GM

shahr a%bita&a9 CJ

ash4Shaibani9 JJ9 CC9 GYH9 GG

shai8h9 M9 C9 G@H9 GJ@9 GYM9 G9

GC9 GY9 M9 Y9 @G9 n;GC9

@Y9 n;J

shai8h a%had&th9 G YM9 G o

shai8h a&48hdn6dh9 G Y

Shai8h a&4Qadhhab (see Qad ad4

*a+un&9 GY

Shihab ad4KIn ar4/u&9 GCJ

shihna9 GJ9 GY

Shiis9 GM9 9 G

Shi+is9 GY9 @HH9 @HG9 @HM9 @HJ

Shiite9 C9 C9 @HH9 @HY9 @H

ShVr a&fu6ahdE Y

Shira:9 CY9 @@@9 n;MM



ash4Sh&ra:I (see Abu Isha6 ash4

Shira:i!

shubah9 GG9 JJ

shubha (pi; shubuhdt!9 G9 JJ9 JY

Shubuhdt (sg; Shubha!9 G G

Shuhud (sg; Shdhid!9 GJM9 H9 Y

Sibawaih9 M9 J9 Y9 G@9 GM9 GM9

GYH9 @J9 n;@M

Index

@J

Ta a&4Qu&89 J

ta&r9 M

ta8hsis9 JH

A&4fa8i&a(Q+

fa&aba (sg; fd&ib!9 GJ



ta6rir9 GHY9 in9 GJ9 JH

Ta6wi a&4&isdn (Ibn [utaiba

Tdri8h *aghdad (a&47hatib a&4

*aghdad&!9 M

fari6a9 @9 GGY9 GG9 G

J

Ta&aan8I (Abu +%ar Ahad fari6a ashhura9 G G

b; Quhaad!9 GMG

ta&aidh (sg; ti&idh!9 C@

ta&aidha (sg; ti&idh!9 @C9 n;C

GMY9 G9 G



?

=_tf (pi; =a=ata9 =n=_A!9 YG9 GYC9 GJ

ia&i69 @9 G GM9 G GJ9 G G9 & ? C3 I ^9 ta >3 "@

fari6at an4na>ar9 GG9 MJ9 JY

fttr\fr9 YJ9 G

tasarruf9 M

tasauwuf9 GJ@9 @Y9 n;Y

fewrftr9 H9 H@9 HM9 HJ9 HY9 GH9

G@; @@M3n;o

GM9MM9 JG9@9GG;CM9@@9

nn;GH9 GM9 GJ9 GY

ta&i6a9 @H9 C9 in9 GGM9 GGJ9 GGY9



Tash8opru:adeh9 CY

tasnif9 H

tasr&fy C

GG9 n r i&g9 GH9 GG9 G9 GJ9 tau&iya9 M

MM

taurt69 G

fauvi&9 G@G

Y9 9 @M9 nn;G9 GM9 GC9 taur&th dhawV&4arha9 G@@

0CM3 x CJ @ ? CY9 GC; HGZ @J9

nn;GJ9 GY9 @G

g+=fydi a&4A&ii m0

A&i!9 GH9 G



H!

A&a

u "aid

a&4Isfara+in&!9 G GC

At4T a %6a ash4Sharif a 9 G

At4Ta&i6aR+&48hi&af(/u8n ad41

a&4"aadhani!9 GH

At4Ta+&i6afV&48hi&dfwa+&4ada&

(*arawi!9 GH

Ta+&i6 a&4ghurfa (Abu+&4"asan b;

*adshadh!9 GJ

Ai4Ta&i6 a&48abir (Nawaw&!9 GH



Tha+&ab9 Y9 G9 C9 G@9 GM9 @C

Ath4Thaanini9 J9 GYH9 GYG9 @c

n;MM

thaar9 M

:

Sa

■Isti&afE

8hi&df (as4Sa

4Taii (see Abu G4"asan at4

Taii!

Tanbih (Abu Isha6 ash4Shira:I!9 GM Trent ($ounci& of!9 Y

9 A&exander9



Thoas A6uinas (see A6uinas!

Thurot9 $har&es9 Y9 YC9 C9

Tibri:9 GC@

At4Tibri:i9 Y9 GM@

Tigris9 @9 GMG9 G@M9 G@9 @GY9 n;GJJ

ti&awa9 GY

ti&idh4 (pi; ta&aidh9 ta&aidha!9 GJ

at4T&ani9 HJ

Tirad a:4ainabi9 GY

To&edo9 9 @C9 YH9 CM

Top 7api Sarayi Library

(Istanbu&!9 GGC

Tou&ouse9 M

Tan8i:9 GYM

Tan8i:iya adrasa9 G YM

tahiya9 M

At4Tan6ihR as&a8 at4tarihfE

8hi&6f (a&4Anbari! J GJ

At4Tanu8h&9 G@@9 GYH9 G



tan:i&9 GY

tan:i& ta&aba IVd4dars9 MC

+aascus

ta6di4ta+8hir9 YJ

Asadi

Ta6& ad4Kin a&4Lubiyani9 GYC9 HM At4Tuwa&9 G@

Ta6& ad4Kin as4Sub8i (see Sub8i9

Ta6& ad4KIn!

Trinity $o&&ege9 Kub&in9 C9 @H9

@@

Tritton9 A; S;9 H

Tughri& *eg9 GM9 @H@9 @HY9 @GH9 @G G



tu&&ab (sg; fd&ib!9 GJ

Eurba9 GH9 @@9 @M9 @G

Turba 2ahiriya (outside $airo!9

Tur8ey9 9 GJC9 @GM9 n;JJ

Tus9 C9 GHH9 C

At4Tutha (6uarter of *aghdad!9 MG

[adI

A&&ah

A&&ah

@Y

A:di



A&&ah b; Quhaad

ura9 J

a&4+%8bari

+%8bar&!

Quhaad

Qar:ubanL

Quhaad

M

b; a&4"usain!9 GM

GHY9 GG9 GC9 G@9 G@J9 GMH9 GJ9

GJC9 GY9 GY9 GH9 GG9 GY9 GCH9



GC9 GC9 GM9 Y9 9 C9 CG9

@n9@iM3n;JY9 @J9>GC9@@9

n;GY9 @@@9 n;G

0 a&ao0 ar4/u9 GC

t u&ufa C J9 Y

0tdu a&4adab9 C9 GJ

>u&u a&4adab wa4adab a&48dtib9 @H9

n;

+u&u a&4 + Arabiya9 C

0u&u a&4hadith9 C

7 u&u hi8iya9 C@

a&4u&u a&4is&diya9 9 C

a&4+u&u a&4utasharri & a9 C

0u&u a%6udadE 9 @H9 n;

a&4u&u ash4shar+iya9 C9 @G9 n;@G

%aiyad9 GHY9 G@9 GYZ Qos6ue oi

Kaascus9 G@9 GC9 H9 9 GY9

GH9 GG9 H@9 HM9 HJ9 GH9 G9

H9 C@9 n;JM

+%ar b; 0Abd a&4+A:i:; GHY; i66



Q

G

Quhaad A&n

u\u9 GHM

utnur istihsdniya9 Y

%niversity (in the West!9 M9 J9

T C9 @H9 @@9 @M9 @9 @

%niversity $o&&ege (Oxford!9 9

0urf9 Y

alhnan l GYH

Os8iidar9 GJC

ufu&9a9 M9 C@9 GM

usu& ad4din9 C9 H9 J



usu& a&4R6h9 Y9 9 C9 H9 J9 G9

G9 GMM9 GM9 @H9 @H@

%sui a&4ada& (ar4/ua!9 GM

+%than b; +Isa b; 7inana9 G@@

Va&encia9 @

Venetians9 YH

Vesey4-it:gera&d9 @

Virginia9 @@9 @M

Index

A&4Wddih_ usu& a&4R6h (Ibn 0A6i&!9

i^C9 GG9 G@9 GC9 JM9 JJ9 J

a&4Wahidi9 GCY

w\fo G9 G Z 9 @H

Wa&h ad4Kin b; Nubata9 GG9 GG

A&4Waih a&4Wasiti9 J

wa8i&9 G9 H



A&&ah wa&&9 MJ9

+u&aa C (sg; S&i! l @9 MH9 M@9 MY9 Y9 wa6f9

Wa&& +d4KIn b; [adi

@M9 @J9 @Y9 @9 @9 @C9 MH9 M09 M9

M@9 MJ9 MY9 M3 M9 MC9 J^9 J03 J9

JM9 JJ9 JY9 J9 J9 JC9 YH9 YG9 Y9

Y@9 YJ9 YY9 Y9 Y9 YC9 H9 9 @9

M9 9 9 Y9 C@9 CM9 GY@9 GY9

GY9 GH9 G@9 G9 GH9 GCH9 GCJ9

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