Jafar al Sadiq and the Four Imams
Jafar al Sadiq and the Four Imams
The Ahlus Sunnah and their adherents have no difference in their stance towards Jafar al Sadiq. They revere him[1] and attest to his virtue, nobility and complete devoutness.[2] In fact he is regarded as one of the Sunni rightly guided Imams[3], just as they regard him as a true representation of the close relationship between the Ahlul Bayt and the Companions radiya Llahu ‘anhum, and one of the manifestations of this relationship. After all, he was the grandson of two Khalifahs, ‘Ali ibn Abi Talib and Abu Bakr al Siddiq radiya Llahu ‘anhuma.[4] Thence, an informed Sunni will be completely astonished at the allegations directed towards him by the Imamiyyah about his aversion from Jafar al Sadiq’s School, following the Nawasib, or being deceived by those who are lesser in stature and understanding than Jafar al Sadiq (referring to the Imams of the 4 Mazhabs). They should be asked in astonishment, “What makes it compulsory and compels me to follow Jafar al Sadiq from amongst all the Imams and Jurists? What does he possess that the others don’t?”
Is it because of the Imamiyyah’s belief in ‘Ismah (infallibility of the Imams), Ijtiba’ (selection), Nasab (appointment), and Ma’ajiz (miracles)? The Ahlus Sunnah does not hold this view. In fact, they regard this as deviation and exaggeration. They are not surprised by those who give preference to the Imams over the prophets and regard the Imams of the four Mazhabs as nothing compared to their Twelve Imams; however, they are surprised by their persistence and boldness in directing accusations towards them unjustly.
The Din of Allah is protected. Existence or non-existence of any Imam or Jurist does not harm it. The compulsion on every person is to believe, as explained by Ibn Abi al ‘Izz al Hanafi (d. 792 AH):
لو لم يخلق أبو حنيفة و الشافعي أو غيرهما من الأئمة العدول لما ضر دين الإسلام وإنه ليس الى العلماء من أمر الدين إلا التبليغ و إيضاح المشكل و أما أمر التكفير والتفسيق و التحليل و التحريم فإلى الله ورسوله …فإن الدين الذي بعث الله به رسوله ليس مسلما إلى عالم واحد و أصحابه و لو كان كذالك لكان ذالك الشخص نظيرا لرسول الله صلى الله عليه وسلم وهو شبيه بقول الرافضة
If Abu Hanifah, al Shafi’i, and the other upright Imams were not created, then this would not harm the religion of Islam. The responsibility of the scholars—in matters pertaining to Din—is to transmit and clarify the ambiguous areas. Rulings of disbelief and declaring someone to be sinful or making something permissible or impermissible is for Allah subhanahu wa ta ‘ala and his Prophet salla Llahu ‘alayhi wa sallam only. The Din of Allah subhanahu wa ta ‘ala which the Prophet salla Llahu ‘alayhi wa sallam was sent with is not entrusted to a scholar or his followers. If this was the case then that person would be equal to the Prophet salla Llahu ‘alayhi wa sallam. This is similar to the view of the Rafidah[5].[6]
If anyone raises an objection that Jafar al Sadiq was superior to them in Fiqh and encompassing various sciences then the reply to them would be that his father al Baqir and Abu Hanifah were superior to him in Fiqh. Precedence in time does not necessitate superiority in knowledge and proficiency.
As for what they mention about his encompassing knowledge of chemistry,[7] physics, astronomy, that he was the first to discover oxygen,[8] the first to discover the theory of the origin of the universe[9] and the theory of gravity[10], then this—even though debatable—is out of the framework of Fiqhi discussion.
Thus, when the Imamiyyah could not find any proof to establish the superiority of Jafar al Sadiq over the four Imams in knowledge and him being more entitled to be followed instead of them, they resorted to other tactics to promote the Jafari School, which is their claim that the four Imams learned Fiqh from Jafar al Sadiq. In this way it is claimed that Jafar al Sadiq is the teacher of the four Imams undisputedly.
From this springboard, the Imami Shia promoted —in their propaganda literature —the notion of coming back to follow the original, i.e., the school of Jafar al Sadiq instead of the distorted clone which they, i.e. the four Imams, possess.
Dr Muhammad Hussain al Saghir[11]states:
اذا توقفنا قليلا عند مسيرة المذاهب الأربعة وجدنا الإمام الصادق هو الرافد الأصل لمنا بعها الثرة[12] فقد كان الإمام ابو حنيفة النعمان بن ثابت (١٥٠ﻫ) من رعيل تلامذة الإمام حتى قال لو لا السنتان لهلك النعمان ىشير بذالك الى حضوره عند الإمام لأخذ العلم و التفقه في الدين فتخرج عليه قائلا ما رأيت افقه من جعفر بن محمد وعلى أبي حنيفة أخذ الإمام مالك (١٧٩ﻫ) و على مالك أخذ الإمام الشافعي (٢•٤ﻫ) وعلي الشافعي أخذ شيخ الحنابلة الإمام أحمد بن حنبل (٢٤١ﻫ) وعلى هذا فالإمام الصادق استاذ الأئمة دون منازع
If we ponder little at the journey of the four Mazhabs, we will find that Jafar al Sadiq is the main tributary for their rich source. Imam Abu Hanifah No’man ibn Thabit (d. 150 AH) was from the pioneer students of Jafar al Sadiq, to such an extent that he declared, “Were it not for the two years then No’man would have perished.” This is in reference to him presenting himself before Jafar al Sadiq to study knowledge and fiqh from him. He graduated from there claiming, “I have never seen anyone more knowledgeable in Fiqh than Jafar ibn Muhammad.”
Imam Malik (d. 179 AH) acquired knowledge from Abu Hanifah, Imam al Shafi’i (d. 204 AH) acquired knowledge from Malik, and the leader of the Hanabilah, Imam Ahmed ibn Hanbal (d. 241 AH) acquired from al Shafi’i. In this manner, Jafar al Sadiq is the undisputed teacher of the Imams.[13]
The leading scholar of reference in contemporary times Sheikh Jafar al Subhani[14], while discussing the authority of the Ithna ‘Ashari Imams says:
وخضع لهم أئمة الفقه في مواقف شتى حتى قال الإمام ابو حنيفة بعد تتلمذه علي الإمام الصادق سنتين لو لا السنتان لهلك النعمان
The Imams of Fiqh submitted to him in various instances, to such an extent that Imam Abu Hanifah declared after studying under him for two years, “If it were not for the two years then No’man would have perished.”[15]
Dr. Hamid Hifni Dawood stood behind this claim with full conviction by saying:
وكان أبو حنيفة كثيرا ما يقول لو لا السنتان لهلك النعمان
Abu Hanifah would proclaim very often, “If it were not for the two years then No’man would have perished.”[16]
I do not know—may Allah forgive him—where this abundance comes from. Academic rulings need proofs and evidence, not emotions.
It becomes evident that the competitive heat with regards to Abu Hanifah was much sweltering than being able to be extinguished by few texts which tickle the feelings or promoting the Imami School amongst the Ahlus Sunnah on the pretext that Jafar al Sadiq was the leader of all the four Mazhabs. Hence, some from amongst the Zaidis claim that the statement, “if it were not for the two years then No’man would have perished,” refers to his other teacher, Zaid ibn ‘Ali ibn al Hussain.
Regarding this, ‘Abdul Wahid ibn Yahya al Wasi’i states in his research on Musnad al Imam Zaid ibn ‘Ali:
أبو حنيفة من تلامذة الإمام زيد بن علي قرأ عليه سنتين وكان يقول لو لا السنتان لهلك النعمان
Abu Hanifah is from amongst the students of Zaid ibn ‘Ali. He studied two years by him and he used to say, “If it were not for the two years then No’man would have perished.”[17]
I have, for a long period of time, researched regarding the origin of this statement which the books have continuously quoted and the Imamiyyah have taken advantage of in the worst possible way. I have given special priority to it and searched as many former books as possible during my research. I have not come across any mention of it in the biographies of the former scholars regardless of their Mazhab and background. The first amongst the eminent scholars to mention it is al Jahiz (d. 255 AH), who mentioned using an expression that denotes doubt, which indicates to the condition of this claim. He states:
جعفر بن محمد الذي ملأ الدنياعلمه وفقهه ويقال إن ابا حنيفة من تلامذته
Jafar ibn Muhammad, whose knowledge and Fiqh filled the world. It is said that Abu Hanifah is from amongst his students.[18]
Thereafter, Ibn Abi al Hadid al Mu’tazili (d. 656 AH) appeared and he changed the doubtful expression (Yuqalu, it is said) to a verb denoting conviction (Qara’a, he studied). Thus, he reports:
و أبو حنيفة قرأعلى جعفر بن محمد و قرأ جعفر على أبيه
And Abu Hanifah studied from Jafar ibn Muhammad and Jafar from his father.[19]
Thereafter Shams al Din Muhammad al Jazari changed this broad claim to an established fact which could be used to debate. Thus, he states:
وثبت عندنا أن كلا من الإمام مالك و أبي حنيفة صحب الإمام أبا عبد الله جعفر بن محمد الصادق حتى قال أبو حنيفة ما رأيت أفقه منه وقد دخلني منه من الهيبة ما لم يدخلني للمنصور
It is established, according to us, that both Imam Malik and Abu Hanifah sat in the company of Abu ‘Abdullah Jafar ibn Muhammad al Sadiq, so much so that Abu Hanifah said, “I have not seen anyone more intelligent than him. I reserve such awe for him which I do not have for al Mansur.”[20]
Ibn al Jazari’s statement endorses what we have mentioned, not negates it. Because his statement is explicit that what is being alluded to is their first meeting before the Abbasid Khalifah Abu Jafar al Mansur, towards end of the two Imams’ (Abu Hanifah and Jafar) lives. However, an observant person will notice that, in the excerpts mentioned above, no mention has been made, nor any indication, to the popular phrase, ‘if it were not for the two years then No’man would have perished.’ This confirms that this phrase was not known during that period of time. Hence, the first scholar to mention it is ‘Allamat al Hind Shah ‘Abd ‘Aziz Ghulam al Dehlawi (d. 1239 AH) in his book al Tuhfah Ithna ‘Ashariyyah, which was condensed by al ‘Allamah al Sayed Mahmud Shukri al Alusi [21]around the year 1342 AH. Whoever quotes this phrase today is dependent on al Dehlawi.
When al Dehlawi quotes this phrase, he does not attribute it to any earlier origins of the Ahlus Sunnah, nor to any reliable Imam. In fact, he does not attribute it to any opposition either. Therefore, it is not known where he brought it from.
Perhaps it is something he heard, which he wished to document as a statement because of the close relationship which united the two Imams, al Sadiq and al No’man, or it is something which the Imamiyyah quote and he mentioned it condescendingly.[22]
Whoever quotes this statement cannot link it to anyone before al Dehlawi. He is the first to mention it and others quoted it from him. Anyone who denies this should investigate it himself.
To accept that Jafar al Sadiq—despite his virtue and status by us—is the teacher of Imam Abu Hanifah is an obvious error which cannot be concealed to those whose foresight Allah subhanahu wa ta ‘ala has enlightened. This can be summarised by the following observations:
First Observation
Jafar al Sadiq was affiliated to the school of the Ahl al Hadith (people of Hadith)[23] which held a special position with the school of the people of Opinion, who were represented at that time by Imam Abu Hanifah and his followers.
Between the two schools[24], occasionally[25] there was some estrangement, aversion, mutual rebuttals, and academic debates.
None of the Sunni books of narrations or history mention any specific stance of Jafar al Sadiq regarding the school of Ashab al Rai (the people of opinion), except some dialogues which indicate to his extreme stance towards Qiyas and its followers, which will be mentioned in due course.
However, through the general framework of these dialogues and through him being affiliated to the school of Ahl al Hadith, it is understood that his stance is the same as the stance of the other jurists of this school.
The Imami legacy has gathered various narrations from Jafar al Sadiq which reveal his extreme stance against the Ashab al Ra’y and those who are affiliated to them. In some of them, he inclined towards cursing them and attributing innovation, deviation, and at times even disbelief towards them under the pretext of changing the laws of Shari’ah and manipulating the religion of Allah subhanahu wa ta ‘ala.
Al Mufid reports in al Amali and al Hurr al ‘Amili in Wasa’il al Shia from Jafar al Sadiq this statement:
لعن الله أصحاب القياس فإنهم غيروا كتاب الله و سنة رسول الله واتهموا الصادقين في دين الله
May Allah curse the people of Qiyas (those who deduce rulings using analogy) because they have changed the Book of Allah and the Sunnah of the Prophet salla Llahu ‘alayhi wa sallam and accused the truthful ones in the Din of Allah.[26]
Al Barqi reports in al Mahasin and al Hurr al ‘Amili in Wasa’il al Shia from Muhammad ibn Muslim who narrates from Jafar al Sadiq his statement in the chapter of the respect for Amir al Mu’minin:
لاتقيسوا الدين فإن أمر الله لايقاس وسيأتي قوم يقيسون وهم أعداء الدين
Do not use Qiyas in din because the law of Allah cannot be analysed. Soon a nation will appear who will use Qiyas and they will be the enemies of Din.[27]
Mirza al Nuri al Tabarsi narrates from Muhammad ibn Hakim:
قلت لعبد الله إن قوما من أصحابنا قد تفقهوا و أصابوا علما ورووا أحاديث فيرد عليهم الشيء فيقولون فيه برأيهم فقال لا وهل هلك من مضى إلا بهذا وأشباهه
I said to Abu ‘Abdullah, “Some of our companions have acquired knowledge and fiqh and narrate hadith. Sometimes certain issues crop up. Can they rule on these issues using their opinion?”
He replied, “No. The previous people were destroyed only because of this and similar things.”[28]
Al Himyari al Qummi narrates from Ahmed ibn Muhammad ibn Abi Nasr who states:
قلت للرضا جعلت فداك إن بعض أصحابنا يقولون نسمع الأثر يُحكى عنك وعن آبائك فنقيس عليه و نعمل به فقال سبحان الله لاوالله ما هذا من دين جعفر هؤلاء قوم لاحاجة بهم إلينا قد خرجوا من طاعتنا وصاروا في موضعنا فأين التقليد الذي كانوا يقلدون جعفرا و ابا جعفر قال جعفر لاتحملوا على القياس فليس من شيء يعدله القياس إلا والقياس يكسره
I said to al Rida, “May I be sacrificed for you! Some of our companions say that we hear transmissions being narrated from you and your forefathers. Should we apply Qiyas and practice upon it?”
He replied, “Subhan Allah! No! This is not the way of Jafar. These are people who we have no need for. They have disobeyed us and taken our position. Where is the Taqlid (to follow a legist in rulings) which they used to make of Jafar and Abu Jafar?”
Jafar stated, “Do not practice Qiyas (analogy). There is nothing that is justified by Qiyas except that Qiyas destroys it.”[29]
Al Kulayni (in al Kafi) and al Hurr al ‘Amili (in Wasa’il al Shia) report from Abu Shaybah al Khurasani that he heard Abu ‘Abdullah—Jafar al Sadiq—saying:
إن أصحاب المقاييس طلبوا العلم بالمقاييس فلم يزدهم المقاييس من الحق الا بعدا وإن دين الله لايصاب المقاييس
Verily, the people of Qiyas sought knowledge through Qiyas, but Qiyas only took them further from the truth. The Din of Allah cannot be acquired through Qiyas.[30]
Al Himyari narrates from Mas’adah ibn Sadaqah who says that Jafar ibn Muhammad said to me:
من أفتى الناس برأيه فقد دان بما لم يعلم ومن دام بما لم يعلم فقد ضاد الله حيث أحل و حرم فىما لايعلم
Whoever issues rulings to the people through his opinion, he has believed in that which he knows not, and whoever believes in what he does not know, he has opposed Allah as he issued rulings of permissibility or impermissibility in that which he does not know.[31]
Al Nuri al Tabarsi narrates from Sama’ah ibn Mahran who narrates from Jafar al Sadiq saying:
قلت جعلت فداك إن ناسا من أصحابك قد لقوا أباك و جدك وقد سمعوا منهما الحديث وقد يرد عليهم الشيء ليس عندهم فيه شي وعندهم ما يشبهه فيقيسوا على أحسنه فقال جعفر ما لكم و القياس إنما هلك من هلك بالقياس قلت أصلحك الله و لم ذاك قال لأنه ليس من شيء إلا وقد جرى به كتاب و سنة وإنما ذاك شيء إليكم إذا ورد عليكم أن تقولوا قال فقال إنه ليس من شيء إلا وقد جرى به كتاب وسنة ثم قال إن الله قد جعل لكل شيء حدا ولمن تعدى الحد حدا
May I be sacrificed for you! Some of your companions have met your father and grandfather and heard hadith from them. Sometimes such issues arise that they don’t have any narrations about it. However, they have some narrations similar to it. Should they apply Qiyas according the best narrations?
Jafar replied, “What do you know about Qiyas? Those who perished, perished because of Qiyas.”
I said, “May Allah keep you safe. Why is that?”
He replied, “There is nothing except that it is found in the Book and Sunnah. It is necessary that when it arises, you should say that so and so said. There is nothing except that it is found in the Book and Sunnah.”
Then he said, “Allah has stipulated a limit for everything. Whoever trespasses the limit should be punished.”[32]
The narrations that have passed and those which we have not mentioned, demonstrate that Jafar al Sadiq was one of the severest people against Qiyas, contrary to Imam Abu Hanifah who is known for leniency with regards to Qiyas.
Abu Jafar al Barqi of the Imamiyyah created a chapter in his book al Mahasin called ‘the chapter on Qiyas and opinion’. He presented 24 narrations of Jafar al Sadiq, all of them in criticising Qiyas and the people of Qiyas.
Most explicit of them is his reply to Abu Basir when he asked, “Some issues arise regarding which we do not find anything in the Book or Sunnah. Should we ponder in it? He replied:
لا أما إنك إن أصبت لم تؤجر ، وإن أخطأت كذبت علي الله
No! This is so because if you are correct then you will not be rewarded and if you err then you will be attributing lies to Allah.[33]
Irrespective of whether Jafar al Sadiq rejected Qiyas in general or Qiyas where the reason is not specified, the differences between the two Imam’s (Abu Hanifah and Jafar) views in Jurisprudential principle is sufficient to establish the difference in their fundamentals and ways of deduction.
Books from both sects (the Ahlus Sunnah and Imamiyyah) have reported few academic debates between Imam Abu Hanifah and Jafar which highlight the great fundamental difference between them. Some of them are:
That which is narrated by al Zubair ibn Bakkar and others (with their chain of narrators) from ‘Abdullah ibn Shubrumah al Kufi—when he arrived in Makkah or Madinah during Hajj—who says:
دخلت أنا وأبو حنيفة على جعفربن محمد بن علي فسلمت وكنت له صديقا ثم أقبلت على جعفر فقلت له أمتع الله بك هذا رجل من أهل العراق له فقة وعلم. فقال لي جعفر لعله الذي يقيس الدين برأيه ثم أقبل عليّ فقال هو النعمان بن ثابت قال أي ابن شُبرمة ولم أعرف اسمه إلا ذلك اليوم. فقال أبو حنيفة نعم أصلحك الله فقال له جعفر اتق الله ولا تقس الدين برأيك فإن أول من قاس إيليس إذ أمره الله تعالى بالسجود لآدم فقال أَنَا خَيْرٌ مِّنْهُ خَلَقْتَنِي مِن نَّارٍ وَخَلَقْتَهُ مِن طِينٍ ( الأعراف: ١٦) ثم قال له جعفر هل حسن ان تقيس رأسك من جسدك فقال لا فقال اخبرني عن الملوحة في العينين وعن المرارة في الأذنين وعن الماء في المنخرين وعن العذوبة في الشفتين لأي شيء جعل ذلك قال لا أدري قال له جعفر إن الله تبارك وتعالي خلق العينين فجعلهما شحمتين وجعل الملوحة فيهما عنا منه على ابن آدم ولولا ذلك لذابتا فذهبتا وجعل المرارة في الأذنين منا منه عليه ولولا ذلك لهجمت الدواب فأكلت دماغه و جعل الماء في المنخرين ليصعد منه النفس وينزل ويجد منه الريح الطيبة من الريح الردية وجعل العذوبة في الشفتين ليجد ابن آدم لذة مطعمه ومشربه ثم قال لابي حنيفة أخبرني عن كلمة أولها شرك وآخرها إيمان ما هي قال لا أدري قال قول الرجل لا إله إلا الله فلو قال لا إله ثم أمسك كان مشركًا فهذه كلمة أولها شرك وآخرها إيمان ثم قال ويحك أيما أعظم عند الله تعالى قتل النفس التي حرم الله أم الزنا قال لا بل قتل النفس قال له جعفر إنَّ الله تبارك اسمه قد رضي وقبل في قتل النفس بشاهدين ولم يقبل في الزنا إلا أربعة فكيف يقوم لك قياس ثم قال أيما اعظم عند الله الصوم أم الصلاة قال لا بل الصلاة قال فما بال المرأة إذا حاضت تقضي الصيام ولا تقفي الصلاة اتق الله يا عبد الله ولا تقس نقف نحن غدا وأنت ومن خالفنا بين يدي الله فنقول قال رسول الله صل الله عليه وآله وصحبه قال الله وتقول أنت وأصحابك: سمعنا ورأينا فيعمل بنا وبكم ما يشاء
I came to Jafar ibn Muhammad ibn ‘Ali with Abu Hanifah. I greeted his as he was my friend. Then addressing Jafar I said, “May Allah bless you; this is man from Iraq. He possesses much knowledge and Fiqh.”
Jafar said to me, “Maybe he is the one who analyses din through his opinion.” He then said, “Is he No’man ibn Thabit?”
Ibn Shubrumah says, “I did not know his name till that day.”
Abu Hanifah replied, “Yes, may Allah keep you safe.”
Then Jafar said to him, “Fear Allah and do not analyse din through your opinion. The first person to apply Qiyas was Iblis, when Allah ordered him to prostrate, he said:
أَنَا خَيْرٌ مِّنْهُ خَلَقْتَنِيْ مِن نَّارٍ وَّخَلَقْتَهُ مِنْ طِيْنٍ
(Shaitan) said, “I am better than him. You created me from fire and created him from clay (i.e. earth).”[34]
Thereafter Jafar said to him, “Would you like to apply Qiyas on your head from your body?”
He replied, “No.”
Jafar said, “Inform me about the saltiness in the eyes, bitterness in the ears, the water in the nostrils and the sweetness in the lips. Why were these created?”
He replied, “I do not know.”
Jafar said, “Allah created the eyes and made them two flaps and placed saltiness in them as a favour to the human being. If it was not for this, the eyes would have melted and perished. Allah created the bitterness in the ears as a favour for human being. If it was not for that, insects would have attacked and devoured his brains. He created the water in the nostrils so that he breathes in and out and differentiates between pure and impure air. He created sweetness in the lips so that man can experience the taste of his food and drink.”
Thereafter he said to Abu Hanifah, “Tell me about a statement, the beginning of it is Shirk (apostasy) and the end of it is iman (faith).”
He replied, “I do not know.”
Jafar said, “It is person’s utterance of La Ilaha Illa Allah (There is no god but Allah). If he uttered La Ilaha (there is no god) only and stopped, then this would be Shirk (apostasy). Thus, this is such a statement, that the beginning of it is Shirk and the end is iman.”
He then said, “Woe to you, which is a greater sin in the court of Allah? Killing a soul which is forbidden by Allah or adultery?”
He replied, “Killing a soul.”
Jafar said to him, “Allah is satisfied and accepts the testimony of two witnesses with regards to killing; however, he requires four witnesses in the case of adultery. How do you apply Qiyas?”
He then said, “Which is a greater virtue? Fasting or Salah?”
He replied, “It is Salah.”
Jafar said, “Then why is it that when a woman gets her menses, she makes Qada’ (compensate by another fast) of the fast and not the Salah? Fear Allah subhanahu wa ta ‘ala, O servant of Allah, and do not apply Qiyas. Tomorrow you, we, and those who opposed us will have to stand before Allah. We will say that Allah subhanahu wa ta ‘ala and His Prophet salla Llahu ‘alayhi wa sallam said so and so, whereas you and your companions will say, “We heard and we opined such and such.” Then Allah subhanahu wa ta ‘ala will deal with us and you as he wishes.”[35]
*That which is reported by Abu Nuaim al Asbahani (d. 430 AH) with his chain from Muhammad ibn Sulaiman ibn Salit[36] who says:
Jafar ibn Muhammad said to Abu Hanifah, “O No’man, which is greater, Salah or Fast?”
He replied, “It is Salah.”
Jafar asked, “Then why is it that a menstruating woman has to compensate when she did not fast whereas she does not have to compensate for missed Salah? Verily the Din of Allah subhanahu wa ta ‘ala is not based on Qiyas. It is based on adherence only.”[37]
The Imami narrations are:
That which al Barqi (d. 274 AH) reported in al Mahasin from Muhammad ibn Muslim who says:
كنت عند أبي عبد الله بمنى إذا أقبل ابو حنيفة على حمار له فاستاذن على أبي عبد الله فاذن له فلما جلس قال لابي عبد الله إني أريد أن أقايسك فقال أبو عبد الله ليس في دين الله قياس ولكن أسألك عن حمارك هذا فيم أمره قال عن أي أمره تسأل قال أخبرني عن هاتين النكتتين اللتين بين يديه ما هما فقال أبو حنيفة خلق في الدواب كخلق أذنيك وأنقك في رأسك فقال له جعفر خلق الله اذني لأسمع بهما وخلق عيني لأبصر بهما وخلق أنفي لاجد به الرائحة الطيبة والمنتنة ففيما خلق هذان وكيف نبت الشعر على جميع جسده ما خلا هذا الموضع فقال أبو حنيفة سبحان الله أتيتك أسألك عن دين الله وتسألني عن مسائل الصبيان فقام وخرج
I was with Abu ‘Abdullah in Mina when Abu Hanifah arrived on his donkey. He sought permission from Abu ‘Abdullah, who granted him permission. As he sat down, he said to Abu ‘Abdullah, “I would like to discuss Qiyas with you.”
Abu ‘Abdullah replied, “There is no Qiyas in the Din of Allah subhanahu wa ta ‘ala. However, I would like to ask you about matters of this donkey.”
“Which aspect of the donkey would you like to discuss?” asked Abu Hanifah.
He replied, “Inform me about these two spots in the front (referring to the nostrils).”
Abu Hanifah replied, “It is created in the animal just as your ears and nose are created in your head.”
Then Jafar said to him, “Allah subhanahu wa ta ‘ala created my ears to hear, my eyes to see, and my nose to differentiate between good and bad smell. What are these created for? And how is it that the hair grows on the entire body except this place?”
Abu Hanifah retorted, “I came to ask you about the Din of Allah subhanahu wa ta ‘ala and you are asking me about children’s matters.”
Thereafter he stood up and departed.[38]
That which al Himyari al Qummi (d. 304 AH) narrated from al Bazanti who narrates from Abu al Hassan ‘Ali al Rida’, who says:
قال أبو حنيفة لابي عبد الله تجتزئون بشاهد واحد ويمين قال نعم قضي به رسول الله و قضى به علي بين أظهركم بشاهد و يمين فتعجب أبو حنيفة فقال جعفر الصادق أعجب من هذا أنكم تقضون بشاهد واحد في مائة شاهد وتجتزؤون بشهادتهم بقوله فقال له لا نفعل فقال بل تبعثون رجلا واحدا فيسأل عن مائة شاهدا فتجيزون شهاداتهم بقوله وإنما هو رجل واحد…فقال أبو حنيفة ايش فرق ما بين ظلال المحرم والخباء فقال له أبو عبد الله إن السنة الله لا تقاس.
Abu Hanifah said to Abu ‘Abdullah, “You suffice with one witness and an oath?”
He replied, “Yes. The Prophet salla Llahu ‘alayhi wa sallam passed judgement with it and similarly ‘Ali radiya Llahu ‘anhu passed judgement by means of one witness and an oath, which is before you.”
Abu Hanifah was astonished.
Thereafter Jafar al Sadiq said, “More astonishing is that you pass judgement with one witness regarding a hundred witnesses. You accept their testimony through his word.”
Abu Hanifah replied, “We do not do this.”
Jafar said, “Definitely you do. You send one person. He inquires about a hundred witnesses. Then you accept their testimony because of him, whereas he is one person.”
Then Abu Hanifah asked, “What is the difference between the shade of a person in Ihram and a tent?”
Abu ‘Abdullah said to him, “Indeed the Sunnah of the Prophet salla Llahu ‘alayhi wa sallam cannot be based on Qiyas.”[39]
That which al Kulayni (d. 329 AH) reports in al Kafi from ‘Isa ibn ‘Abdullah al Qurashi who says:
دخل أبو حنيفة على جعفر الصادق فقال له يا أبا حنيفة بلغني أنك تقيس قال نعم قال لا تقس فإن أول من قاس إبليس حين قال خلقتني من نار وخلقته من طين فقاس ما بين النار والطين ولو قاس نورية آدم بنورية النار عرف فضل ما بين النورين وصفاء أحدهما عل الآخر
Abu Hanifah came to Jafar al Sadiq who said to him, “O Abu Hanifah, I have been informed that you practice upon Qiyas.”
He replied, “Yes.”
Jafar said, “Do not apply Qiyas because the first one to apply Qiyas was Iblis when he said, ‘You created me from fire and created him (Adam ‘alayh al Salam) from sand.’ Thus, he applied Qiyas between fire and sand. If he had applied Qiyas between the radiance of Adam ‘alayh al Salam and the radiance of the fire, he would have recognised the virtuous one and the purity of one over the other.”
That which is narrated by Ibn Babawayh al Qummi (d. 329 AH) from Shabib ibn Anas who narrates from some of the companions of Abu ‘Abdullah Jafar al Sadiq—in a lengthy report—wherein Jafar said to Abu Hanifah:
أن جعفرًا قال لابي حنيفة أنت فقيه أهل العراق قال نعم قال بما تفتيهم قال بكتاب الله وسنة نبيه قال يا أبا حنيفة تعرف كتاب الله حق معرفته وتعرف الناسخ والمنسوخ قال نعم قال يا أبا حنيفة لقد ادعيت علمًا ويلك ما جعل الله ذلك إلا عند أهل الكتاب الذين أنزل عليهم ويلك ولا هو إلا عند الخاص من ذرية نينا محمد و ما ورّثك الله من كتابه حرفا… إلى آخر الرواية
“Are you the jurist of the people of Iraq?”
He replied, “Yes.”
Jafar asked, “How do you issue rulings?”
He replied, “By means of the Book of Allah subhanahu wa ta ‘ala and the Sunnah of the Prophet salla Llahu ‘alayhi wa sallam.”
Jafar asked, “O Abu Hanifah, do you know the Book of Allah subhanahu wa ta ‘ala as it ought to be known? Do you know about al Nasikh wa al Mansukh (abrogating and abrogated verses)?”
He replied, “Yes.”
Jafar said, “O Abu Hanifah, you claim to have knowledge. Woe to you! Allah subhanahu wa ta ‘ala bestows that only to the people of the Book on whom it was revealed. Woe to you! It is possessed only by the special people from the progeny of the Prophet salla Llahu ‘alayhi wa sallam. Allah subhanahu wa ta ‘ala has not conferred a single letter of His Book to you.” (Till the end of the narration).[40]
That which al Majlisi (d. 1111 AH) said that:
وجدت بخط بعض الأفاضل نقلا من خط الشهيد رفع الله درجته قال قال أبو حنيفة النعمان بن ثابت جئت إلى حجام بمنى ليحلق رأسي فقال ادن ميامنك واستقبل القبلة سمّ الله فتعلمت منه ثلاث خصال لم تكن عندي فقلت له مملوك انت أم حر فقال مملوك قلت لمن قال لجعفر بن محمد العلوي قلت أشاهد هو أم غائب قال شاهد فصرت إلي بابه واستأذنت عليه فحجبني وجاء قوم من أهل الكوفة فاستاذنوا فاذن لهم فدخلت معهم فلما صرت عنده قلت له يا ابن رسول الله لو أرسلت إلى أهل الكوفة فنهيتهم أن يشتموا أصحاب محمد فإني تركت بها أكثر من عشرة آلاف يشتمونهم فقال لا يقبلون مني فقلت ومن لا يقبل منك وأنت ابن رسول الله فقال انت ممن لم تقبل مني دخلت داري بغير إذني وجلست بغير أمري وتكلمت بغير رأيي وقد بلغني أنك تقول بالقياس قلت نعم به أقول قال ويحك يا نعمان أول من قاس الله تعالى إبليس حين أمره بالسجود لآدم وقال خلقتني من ناز وخلقته من طين… الي آخر ما ذكره من نقاشهما
I found in some of the luminaries’ script, who quote from the script of al Shahid who says that Abu Hanifah No’man ibn Thabit states:
I came to a barber in Mina to shave my head. He said to me, ‘Bring closer your right side, face the Qiblah, and recite Bismillah.” Thus, I learnt 3 traits which I did not know.
I asked him, “Are you a slave or a free person?”
He replied, “I am a slave.”
I asked, “Whose slave are you?”
He replied, “Jafar ibn Muhammad al ‘Alawi.”
I asked, “Is he present at the moment or absent?”
He replied, “He is present.”
Thus, I went to his door and sought permission to enter. He stopped me. Thereafter some people came from Kufah. They sought permission to enter. He granted them permission. I also entered with them.
When I got close to him, I said to him, “O son of the Prophet of Allah salla Llahu ‘alayhi wa sallam, if only you could send a message to the people of Kufah and forbid them from abusing the Companions of the Prophet salla Llahu ‘alayhi wa sallam. I have left behind ten thousand of them in Kufah who abuse the Companions.”
He said, “They will not accept my message.”
I said, “Who would not accept your message whereas you are the son of the Prophet salla Llahu ‘alayhi wa sallam?”
He replied, “You are from amongst those who do not accept. You entered my house without my permission, sat down without my instruction, and you speak against my opinion. The news has reached me that you practice on Qiyas.”
I replied, “Yes, I do practice Qiyas.”
He said, “Woe to you, O No’man! The first to apply Qiyas against Allah subhanahu wa ta ‘ala was Iblis[41] when Allah subhanahu wa ta ‘ala instructed him to prostrate to Adam ‘alayh al Salam and he said that you have created me from fire and him from sand…” till the end of the dialogue.[42]
That which al Kulayni (in al Kafi) and al Hurr al ‘Amili (in Wasa’il al Shia) reported from Muhammad ibn Muslim who said:
دخل أبو حنيفة على جعفر الصادق فقال له رأيت ابنك موسى يصلي والناس يمرون بين يديه فلا ينهاهم وفيه ما فيه فقال أبوعبد الله ادعوا لي موسى فدعي فقال له يا بني إن أبا حنيفة يذكر أنك كنت صليت والناس يمرون بين يديك فلم تنههم فقال نعم يا أبت إن الذي كنت أصلي له كان أقرب إلي منهم يقول الله وَنَحْنُ أَقْرَبُ إِلَيْهِ مِنْ حَبْلِ الْوَرِيدِ [سورة ق: ١١٦] قال فضمه أبو عبد الله إلى نفسه ثم قال يا بني بأبي أنت وأمي يا مستودع الأسرار
Abu Hanifah came to Jafar al Sadiq and said to him, “I saw your son Musa performing Salah while people are passing in front of him and he did not prevent them from doing so and whereas there is (harm) in it.”
Abu ‘Abdullah said, “Call Musa to me.”
Subsequently he was summoned and Abu ‘Abdullah said to him, “Abu Hanifah mentions that you perform Salah while people are passing in front of you and you do not prevent them.”
He replied, “Yes, my dear father! The being for whom I was performing Salah is closer to me than them.[43] Allah subhanahu wa ta ‘ala says:
وَنَحْنُ أَقْرَبُ إِلَيْهِ مِنْ حَبْلِ الْوَرِيدِ
We are closer to him than [his] jugular vein.
Thereafter Abu ‘Abdullah hugged him and said, “O my dear son, may my parents be sacrificed, O guardian of secrets.”[44]
Al Kulayni added after Jafar al Sadiq’s action by saying, “This is disciplining from Abu ‘Abdullah. This was not done because he left out any virtuous act.”[45]
Al Majlisi became confused with the explanation of al Kulayni’s clear statement regarding the disciplining of the Infallible Imam, Jafar al Sadiq, of his son, the infallible Imam Musa al Kazim. Thus, he states:
The statement ‘this is disciplining’ is a statement of al Kulayni which can have various meanings.
First: It can be that this disciplining from Jafar al Sadiq was of Imam Abu Hanifah. That is why he summoned his son to teach this accursed person[46] that he did not leave out any virtuous act. Either because of the lack of need of a Sutrah[47] for someone who does not get distracted from Allah subhanahu wa ta ‘ala by anything, as passed above, or because he did not leave out the Sutrah as there is no mention of this in the narration.
Second: It can be that this disciplining was of Musa. In this case, ‘virtuous act’ will refer to emphasised Sunnah act and the disciplining is in the actual summoning. This does not contradict his praise because of the reason mentioned that it was not an emphasised Sunnah. Some scripts have it as ‘because he left out’. The second meaning is more obvious and the first is possible with formality.
Third: That the pronoun refers to Musa, i.e. his Salah. Then also it will be disciplining of Abu Hanifah that he did not leave out any virtuous act because to leave out a Sunnah act for this reason is in reality not leaving out a virtuous act. In fact, it is the actual virtue.[48]
The Imami Shia report in their sources, that Musa al Kazim was enraged with Abu Hanifah rahimahu Llah for practicing upon Qiyas. Is there any link between Abu Hanifah’s rahimahu Llah disapproval and his angry stance?
Al Kulayni reports in al Kafi from Muhammad ibn Hakim who says:
قلت لابي الحسن مرسى الكاظم جعلت فداك فقهنا في الدين وأغنانا الله بكم عن الناس حتي أن الجماعة منا لتكون في المجلس مايسال رجل صاحبه تحضره المسألة ويحضره جوابها فيما من الله علينا بكم فربما ورد علينا الشيء لم يأتنا فيه عنك ولا عن آباتك شيء فنظرنا إلى أحسن ما يحضرنا وأوفق الأشياء لما جاءنا عنكم فتأخذ به فقالهيهات هيهات في ذلك والله هلك من هلك يا ابن حكيم قال ثم قال لعن الله أبا حنيفة كان يقول قال علي وقلت قال محمد بن حكيم لهشام بن الحكم والله ما أردت إلا أن يرخص لي في القياس
I said to Abu Al Hassan Musa al Kazim, “May I be sacrificed for you! We have understood din and Allah has made us independent of people through you. Sometimes a group from amongst us sit in gatherings where we ask each other questions. An issue arises and we find the answer to it in that which Allah has favoured us through you. Sometimes an issue arises and we do not find the answer in that which we have acquired from you and your forefathers. Should we ponder in the best that we come across or the most suitable that we acquired from you and practice upon it?”
He said, “No, stay away from that. By Allah! Those who perished have perished because of that O Ibn Hakim.”
Thereafter he said, “May the curse of Allah be on Abu Hanifah. He used to say, “‘Ali said and I say.”
Muhammad ibn Hakim said to Hisham ibn al Hakam, “By Allah! I only intended that he grants me permission to apply Qiyas.”[49]
After observing what al Mufid (in al Ikhtisar) and al Mirza al Nuri (in al Mustadrak) have reported concerning Abu Hanifah’s meeting with Jafar and his disapproval of his son Musa, we realised that there is more text which al Kulayni and al Hurr al ‘Amili have not mentioned.[50] Thus, the conclusion of the previous narration is as follows:
فقال أبو عبد الله يا أبا حنيفة القتل عندكم أشد أم الزنى فقال بل القتل قال فكيف أمر الله في القتل بشاهدين وفي الزنى بأربعة كيف يدرك هذا بالقياس يا أبا حنيفة ترك الصلاة أشد أم ترك الصيام فقال بل ترك الصلاة قال فكيف تقضي المرأة صيامها ولا تقضي صلاتها كيف يدرك هذا بالقياس ويحك يا أبا حنيفة النساء أضعف علي المكاسب أم الرجال قال بل النساء قال فكيف جعل الله للمرأة سهما وللرجل سهمين كيف يدرك هذا بالقياس يا أبا حنيفة الغاتط أقذر أم المني قال بل الغائط قال فكيف يستنجئ من الغائط ويغتسل من المني كيف يدرك هذا بالقياس ويحك يا أبا حنيفة تقول سأنزل مثل ما أنزل الله قال أعوذ بالله أن أقوله قال بل تقوله أنت وأصحابك من حيث لا تعلمون
Abu ‘Abdullah said, “O Abu Hanifah is murder a greater sin according to you or adultery?”
He replied, “Murder.”
Abu ‘Abdullah retorted, “Then how is it that Allah instructed to bring two witnesses in the case murder and 4 in the case of adultery? How can this be understood through Qiyas? O Abu Hanifah! Is it a greater sin to leave out Salah or Fast?”
He replied, “Leaving out Salah.”
Abu ‘Abdullah said, “Then why does a woman compensate for her missed fast and not for missed Salah? How can this be understood through Qiyas? Woe to you, O Abu Hanifah! Are women weaker with regards to earning livelihood or the men?”
He replied, “The women.”
Abu ‘Abdullah asked, “Then why did Allah stipulate one share for the women and two shares for the men? How can this be understood through Qiyas? O Abu Hanifah! Is stool more impure or sperm?”
He replied, “Stool is more impure.”
Abu ‘Abdullah asked, “How is it that one makes Istinja (wash after passing urine or stool) after stool but has to take a bath after discharging sperm? How can this be understood through Qiyas? Woe to you O Abu Hanifah! Do you say that soon I will reveal as Allah has revealed?”
He replied, “I seek protection from Allah from making such a claim.”
Abu ‘Abdullah said, “In fact you and your followers say that in such a way that you do not know.”[51]
However, this difference in the academic methods did not prevent each one them from acknowledging the knowledge and virtue of the other.
Abu Hanifah has clearly shown his admiration for Jafar by saying, “I have not seen anyone for intelligent than Jafar ibn Muhammad.”[52]
And Jafar has displayed his admiration for Abu Hanifah by saying, “This is Abu Hanifah, the most intelligent person of his country.”[53]
These dialogues—assuming they are authentic—reinforce what we have mentioned before about the different principles of the two Imams in deducing rulings. Leniency in Qiyas is a general feature in the methodology of Abu Hanifah and his followers, contrary to Jafar, who prohibited Qiyas and criticised those who practiced it.
Regarding this, the contemporary scholar of reference of the Shia Sheikh Nasir Makarim al Shirazi states:
ولهذا السبب منع أئمتنا (عليهم السلام) من القياس بشدة استلهاما من كلام النبي صلى الله عليه و سلم و أبطلوه لأنّ فتح باب القياس يتسبب في أن يعمد کل أحد بالاعتماد علی دراسته المحدودة وفکره القاصر وبمجرد أن يعتبر موضوعين متساويين من بعض الجهات… أن يعمد إلی إجراء حکم الأول علی الثاني وبهذا تتعرض قوانين وأحکام الدين إلی الهرج والمرج
For this reason, our leaders have strongly prohibited Qiyas, taking inspiration from the speech of the Prophet salla Llahu ‘alayhi wa sallam. They have abolished it because opening the door of Qiyas leads a person to rely on his limited studies and restricted thoughts, by merely considering two similar subjects from a few different viewpoints, and relying on applying the principle one on the other. In this manner, the principles of Shari’ah and the rulings of din are exposed to pandemonium.[54]
What is certain is that Imam Abu Hanifah rahimahu Llah did not stop practicing on Qiyas or showed leniency in it because of Jafar or anyone else. He was steadfast on this principle, which he selected for his Fiqh, till his death.
How can it be possible to say that he acquired fiqh from those who regarded practicing upon Qiyas, manipulation of din?
Second Observation
Imam Abu Hanifah became famous for his fiqh and din. His travels for seeking knowledge became well known. He acquired knowledge from some of the most distinguished luminaries like ‘Ata’ ibn Abi Rabah, al Sha’bi, Qatadah, ‘Amr ibn Dinar, Nafi’—the freed slave of Ibn ‘Umar, ‘Adi ibn Thabit, ‘Abdur Rahman ibn Hurmuz al A’raj, Ibn Shihab al Zuhri, Muhammad ibn al Munkadir, Abu Ishaq al Sabi’i, and others whose names will be difficult to encompass due to their large number.[55]
The person who had the greatest impact on him from the jurists was his teacher Imam Hammad ibn Abi Sulaiman. He was attached to him for 18 years, acquiring knowledge of fiqh from him.[56]
Due to his love and reverence for his teacher Hammad, he named his son after this great Imam through whose grace (after divine ability and favour from Allah subhanahu wa ta ‘ala) he became one of the greatest jurists of Iraq.
Regarding his engrossment in fiqh, al Hafiz al Dhahabi states in his biography:
وعنى بطلب الآثار وارتحل في ذالك وأما الفقه والتدقيق في الرأي وغوامضه فإليه المنتهى والناس عليه عيال في ذالك
He paid attention to seeking narrations and travelled for it. As for fiqh, scrutinising and its intricacies, his is the final limit. People are indebted to him for that.[57]
He also states:
فأفقه أهل الكوفة علي وابن مسعود و أفقه أصحابهما علقمة و أفقه أصحابه إبراهيم وأفقه أصحاب إبراهيم حماد وأفقه أصحاب حماد أبو حنيفة
The most knowledgeable of the people of Kufah in fiqh are ‘Ali and Ibn Mas’ud radiya Llahu ‘anhuma and the most knowledgeable of their students is ‘Alqamah, and the most knowledgeable of his students is Ibrahim, and the most knowledgeable of Ibrahim’s students is Hammad, and the most knowledgeable of Hammad’s students is Abu Hanifah.[58]
It has been narrated that Abu Jafar al Mansur asked, “O Abu Hanifah! From whom did you acquire knowledge?”
He replied, “From Hammad, (and he) from Ibrahim, (and he) from ‘Umar ibn al Khattab, ‘Ali ibn Abi Talib, ‘Abdullah ibn Mas’ud, and ‘Abdullah ibn ‘Abbas.”
Thereafter Abu Jafar said, “Excellent, excellent! You have secured all that you could, O Abu Hanifah! These are pure, good, and blessed people.[59] May the blessings of Allah subhanahu wa ta ‘ala be upon them.”[60]
As for Jafar al Sadiq, he is not known for travelling for acquiring knowledge. He stayed in the city of the Prophet salla Llahu ‘alayhi wa sallam all his life. He was born there, studied, taught and is buried there.
All his teachers are distinguished personalities of Madinah like his maternal grandfather—al Qasim ibn Muhammad ibn Abi Bakr al Siddiq, his father—Abu Jafar al Baqir, ‘Ubaidullah ibn Abi Rafi’, ‘Urwah ibn al Zubair, Ata’ ibn Abi Rabah, Nafi’ al ‘Umari, Muhammad ibn al Munkadir, Ibn Shihab al Zuhri, and Muslim ibn Abi Maryam, etc.[61]
The narrations that we have mentioned before (in the first observation) about Jafar al Sadiq’s objection to Abu Hanifah regarding Qiyas indicate that, at that time, Abu Hanifah was not unknown or in his initial stages of studies. In fact, he was already a scholar and jurist of Iraq before meeting Jafar al Sadiq. Jafar al Sadiq himself, acknowledged this.
Indicating to this also is what al Zubair ibn Bakkar (256 AH) and others narrated from Ibn Shubrumah wherein he says:
I came to Jafar ibn Muhammad ibn ‘Ali with Abu Hanifah. I greeted him as he was my friend. Then addressing Jafar I said, “May Allah bless you! This is man from Iraq. He possesses much knowledge and Fiqh.”
Jafar said to me, “Maybe he is the one who analyses din through his opinion.”
He then said, “Is he No’man ibn Thabit?” (Till the end of the narration)[62]
This narration denotes that Ibn Shubrumah and Abu Hanifah came to Madinah or Makkah and met Jafar al Sadiq. His introduction of Abu Hanifah by saying, “This is a man from Iraq,” indicates to this.
Ibn Shubrumah was astonished that Jafar al Sadiq already had knowledge of the fact that Abu Hanifah used to apply Qiyas. In fact, he even knew that his name was al Numan ibn Thabit, which Ibn Shubrumah was unaware of.
The Imamiyyah narrate from Muhammad ibn Muslim that he said:
I was with Abu ‘Abdullah in Mina when Abu Hanifah arrived on his donkey. He sought permission from Abu ‘Abdullah, who granted him permission. As he sat down, he said to Abu ‘Abdullah, “I would like to discuss Qiyas with you.”
Abu ‘Abdullah replied, “There is no Qiyas in the Din of Allah Ta’ala. However, I would like to ask you about matters of this donkey.”
“Which aspect of the donkey would you like to discuss?” asked Abu Hanifah.
He replied, “Inform me about these two spots in the front.” (Referring to the nostrils)
Abu Hanifah replied, “It is created in the animal just as your ears and nose are created in your head.”
Then Jafar said to him, “Allah Ta’ala created my ears to hear, my eyes to see and my nose to differentiate between good and bad smell. What are these created for? And how is it that the hair grows on the entire body except this place?”
Abu Hanifah retorted, “I came to ask you about the din of Allah subhanahu wa ta ‘ala and you are asking me about children’s matters.”
Thereafter he stood up and departed.[63]
This narration is a proof that Abu Hanifah was known for fiqh and leniency in Qiyas before he met Jafar al Sadiq. Hence, the discussion was based on Qiyas. In fact, the strain on Abu Hanifah, due to Jafar al Sadiq’ s manner of dialogue with regards to worldly matters which have no place in din, affirms that he did not learn fiqh from him. Similarly, this narration confirms that their first meeting was in Makkah and specifically in Mina.
When Taqiyy al Din ibn Taymiyyah embarked on refuting Ibn al Mutahhar al Hilli for his claim that Abu Hanifah is the student of Jafar, he said rebuking:
إن هذا من الكذب الذي يعرفه من له أدنى علم فإن أبا حنيفة من أقران جعفر الصادق توفي الصادق سنة ثمان و أربعين وتوفي أبو حنيفة سنة خمسين و مائة وكان أبي حنيفة كان يفتي في حياة ابي جعفر والد الصادق وما عرف أن أبا حنيفة أخذ عن جعفر الصادق ولا عن أبيه مسألة واحدة بل أخذ عمن كان أسن منهما كعطاء بن أبي رباح وشيخه الأصلي حماد بن أبي سليمان و جعفر بن محمد كان بالمدينة وبالجملة فهؤلاء الأئمة الأربعة ليس فيهم من أخذ عن جعفر شيأ من قواعد الفقه ولكن رووا عنه أحاديث كما رووا عن غيره وأحاديث غيره أضعاف أحاديثه وليس بين حديث الزهري وحديثه نسبة لا في القوة ولا في الكثرة
This is a lie which anyone with least amount of knowledge will realize, because Abu Hanifah is a contemporary of Jafar al Sadiq. Jafar al Sadiq passed away in 148 AH, whereas Abu Hanifah passed away in 150 AH. Abu Hanifah used to issue fatwa during the era of Abu Jafar, father of Jafar al Sadiq. It has not been established that Abu Hanifah studied a single ruling from Jafar or his father.[64] In fact, he studied from those who were elder than them, like ‘Ata’ ibn Abi Rabah and his main teacher, Hammad ibn Abi Sulaiman. Jafar ibn Muhammad was in Madinah. [65]
In general, none of these four Imams studied any principle of fiqh from Jafar. Yes, they narrate hadith from him as they narrate from others. The ahadith of others are much more than his. There is no link between his and al Zuhri’s hadith, neither in strength nor in quantity.[66]
Third Observation
The claim that Imam Malik studied fiqh from Jafar al Sadiq is also incorrect. He met Jafar al Sadiq, praised him, and narrated few narrations from him; however, he did not sit in his company as a student would with his teacher and he did not obtain any principles of fiqh from him.
Teachers of Imam Malik
From amongst his teachers—although there were plenty—the ones that had influenced Imam Malik the most are:
1. Imam Rabi’at al Ra’y
Rabi’ah rahimahu Llah was an Imam, preserver of Hadith, a Mujtahid[67], and had deep insight in formulating opinion. He was one of the first jurists that Imam Malik accompanied and was influenced by him. Imam Malik rahimahu Llah went into his company to learn from childhood. His mother recommended him to join Rabi’ah’s company to learn etiquettes from him before knowledge.[68]
Imam Malik rahimahu Llah said about him, “The sweetness of fiqh disappeared since Rabi’ah ibn Abi ‘Abdur Rahman passed away.”[69]
Imam Malik rahimahu Llah had extreme reverence for him. He would not speak in his company and would not hasten to answer when asked about anything. He used to consult with him in many of his matters.
He stated, “I did not issue fatwa until I asked if I was in a position to issue fatwa.” When he was asked as to whom he asked, he replied, “Al Zuhri and Rabi’at al Ra’y.”[70]
Rabi’at al Ra’y rahimahu Llah passed away in 136 AH. He passed away when Malik rahimahu Llah was 43 years old.[71]
Rabi’at al Ra’y’s influence becomes very clear through the statement of Muhammad ibn Fulayh who said, “I was by Rabi’ah and Malik used to sit by him. Then Malik became noble and he was sought after.”[72]
2. Imam Ibn Hurmuz al Makhzumi
It is narrated that Imam Malik stayed exclusively in his company in the initial stages of his studies for 7 or 8 years.[73] His attachment to him reached such a level that he says, “I used to come to him early in the morning and I would not leave his house till nightfall.”[74]
He said, “I loved to follow him. He seldom issued fatwa and he was very conservative.”[75]
He said, “I heard Ibn Hurmuz saying, ‘It is important for a scholar to bequeath the statement ‘I don’t know’ to his companions, so that it can be the main principal in their possession which they resort to. Whenever they are asked about something that they do not know, they must say ‘I don’t know.’”[76]
I say: Imam Malik learned fiqh, caution in issuing fatwa, and prudence in recording Masa’il (rulings),[77] to such an extent that Ibn Wahab states regarding this, “In most of the questions that Malik was asked, he would say ‘I do not know’.”[78]
3. Imam Ibn Shihab al Zuhri
Imam Malik accompanied him for long periods and learnt from him, so much so that he would go to him during his resting time and days of Eid. Regarding this he says, “This knowledge is din. Hence, see who you acquire your din from. I have met 70 people who narrate saying, ‘so and so said that the Prophet salla Llahu ‘alayhi wa sallam said,’ by these pillars and he pointed at the Masjid of the Prophet salla Llahu ‘alayhi wa sallam, but I did not take anything from them. If anyone of them were entrusted on the public treasury they would be trustworthy. However, they were not people of this field. Then Ibn Shihab arrived and we used to crowd his doorway.”[79]
4. Imam Nafi’ Mawla Ibn ‘Umar
Imam Malik rahimahu Llah stayed in his company for long time and acquired from his knowledge. He used to say, “When I used to hear Nafi’ narrating from Ibn ‘Umar, then I would not bother if I did not hear it from anyone else.”
Imam Malik rahimahu Llah used to go to him during his childhood and undergo difficulties, as he used to go in the midday heat and trick him to ask questions. He recounts about himself saying:
كنت آتي نافعا مولى ابن عمر نصف النهار ما يظلني شيء من الشمس وكان منزله بالنقيع بالصُورين وكان حَدا فاتحين خروجه فيخرج فأدعه ساعة وأريه أني لم أرده ثم أعرض له فأسلم عليه ثم أدعه حتي إذا دخل البلاط أقول كيف قال ابن عمر في كذ وكذا فيقول قال كذا وكذا فأخنس عنه
I used to go to Nafi’ Mawla Ibn ‘Umar at midday. There was nothing to shade me from the sun. His residence was in the Sawran[80] area of al Naqi’[81]. He was very hot tempered. I used to wait for him to come out. When he used to come out, I would wait a while, to show him that I do not intend seeing him. After a while I would present myself and greet him. Then I would leave him till he enters Bilat.[82]
Then I would ask him, “What did Ibn ‘Umar say regarding such and such?”
He would say, “He said so and so.”
Then I would sneak away from him.[83]
Eventually he used to guide him from his house to the Masjid when he lost his eyesight.[84]
Scholars say that the most knowledgeable person about Ibn ‘Umar is Nafi’ and the most knowledgeable about Nafi’ is Malik. This chain (of narration) is known as the ‘golden chain’. This is the most authentic chain according to al Bukhari and others.
These are the most distinguished teachers from whom Imam Malik rahimahu Llah acquired knowledge. He was greatly influenced by them and would mention them excessively. Many authors who wrote biographies of Imam Malik rahimahu Llah make mention of them specifically.
Fourth Observation
Malik rahimahu Llah did not study anything from Abu Hanifah rahimahu Llah. In fact, the opposite is the correct view, even though Abu Hanifah was 13 to 15 years older than Malik.[85] Some experts have established that Abu Hanifah narrated two ahadith from Malik. The issue of Abu Hanifah narrating from Malik is an area of debate amongst the Muhaddithin (scholars of Hadith). However, no one has mentioned that Malik narrated from Abu Hanifah or was his student.
Thereafter, Muhammad ibn al Hassan al Shaybani—the companion of Abu Hanifah and custodian of his fiqh—was a student of Malik and a narrator of his book, the Muwatta’. This affirms that the influence of Malik upon the Hanafi fiqh is much greater than the influence of Abu Hanifah upon the Maliki fiqh. (Assuming this influence exists.)
Thus, the claim that the Four Imams reverted to Jafar al Sadiq is clearly false. None of the Four Imams or any other jurists reverted to the fiqh of Jafar. Malik rahimahu Llah acquired his knowledge from the people of Madinah, they from the Seven Jurists[86] and they from ‘Umar, Ibn ‘Umar etc.
As for Imam al Shafi’i, he first studied fiqh from the Makkans, the companions of Ibn Jurayj, like Sa’id ibn Salim al Qaddah and Muslim ibn Khalid al Zanji. Ibn Jurayj acquired from the companions of Ibn ‘Abbas radiya Llahu ‘anhu like ‘Ata’ and others and Ibn ‘Abbas radiya Llahu ‘anhu was an independent Mujtahid. Then al Shafi’i studied from Malik, then the scribes of the people of Iraq. He learnt the Mazhabs of the people of Hadith and selected it for himself.
As for Abu Hanifah, his special teacher was Hammad ibn Sulaiman, who studied from Ibrahim, Ibrahim from ‘Alqamah, and ‘Alqamah from Ibn Mas’ud radiya Llahu ‘anhu. Abu Hanifah studied from ‘Ata’ and others also.
As for Imam Ahmed, he followed the Mazhab of the people of Hadith. He studied from Ibn ‘Uyaynah, Ibn ‘Uyaynah from ‘Amr ibn Dinar and he from Ibn ‘Abbas and Ibn ‘Umar radiya Llahu ‘anhuma. He also studied from Hisham ibn Bashir, Hisham from the companions of al Hassan and Ibrahim al Nakha’i. He also studied from ‘Abdur Rahman ibn Mahdi, Waki’ ibn al Jarrah etc. He accompanied al Shafi’i and studied from Abu Yusuf. He selected a view for himself.[87]
Fifth Observation
The jurists and the distinguished scholars of the Jafari School are perplexed in the views of the two