The Islamic School of Law Evolution, Devolution, and Progress Harvard Series in Islamic Law Edisor Frank E. Vogel, Harvard Law School Eeivorial Board Khalid Abou El Fadl, UCLA School of Law William P. Alford, Harvard Law School Peri Bearman, Harvard Law School Charles Donahue, Jr, Harvard Law School Ian D. Edge, SOAS, University of London Edited by Mohamed Ali Elgar, King Abdulaziz University, Jedda Wolthart P. Heinrichs, Harvard Universe (Cemal Kafadar, Harvard Universiy Peri Bearman. Martin W. Lau, SOAS, Un ‘Ann Elizabeth Mayer, Wharton School, University of Pennsylvania | Rudolph Peters David S. Powers, Cornell University Frank E. Vogel Frank E. Vogel, Harvard Law School Arthur T: Von Mehren, Harvard Law School, Professor Emeritus ‘Mai Yamani, The Royal Institute of International Affairs, London, Published by the Islamic Legal Seadies Program, Harvard Law School tributed by Harvard University Press (Cambridge, Massachusers 2005116 DANIELLA TALMON-HELLER shared senior posts, and divided positions of power in the religious estab- lishment and administration, and were at times able to cholars from other schools to convert to theirs. Such converts seem to have inte- tated easily into the older Hanaf would be incorrect to disregard dividing lines and even rivalry between Hanafis and Shi ‘A glimpse of that rivalry is revealed in polemical works and thei undertones, and in occasional clashes at the popular level, especially dur- ing tense junctures such as the ascent of new rulers In general the relations among the madhhabs were peaceful during most of the Zangid and Ayyubid period; the occasional skirmishes and exchanges of insults between Hanafis and Shafiis, or Shafiis and Hanbalis, were a far cry from the violent uprisings that disrupted life in the cities of Iran and Iraq from the tenth to the twelfth centuries. In this situation, the preservation of the distinctions between the madhhabs in thirteenth-century Syria should not be attributed merely to “negative” loyalties A largely “positive” loyalty was that of scholars. They, on the most part, deemed the continuing study and application of the legal system and method of reasoning of the founding fathers and carlier teachers of their school of law to be of primary importance. My impression is that their attitude trickled down to commoners and up to rulers, to serve as yet another example of what I find to be a central feature of religious life in medieval Syria: the symbiosis between scholars and society. Belonging to a madhhab ‘must have had a different meaning for scholars and for commoners, but it united them under common identities. Hence, despite varying degrees of fidelity to the applied law of each school, varying levels of social cohe- sion in the areas of marriage, prayer, and study and varying measures of conformity within the madhhab, conditions were more favoral tanding the power of familial ties and personal Chapter Eight ‘THE BEGINNINGS OF THE ZAHIRI MADHHAB IN AL-ANDALUS' Camilla Adang Introduction In his recent work on the formation of the Sunni schools of law;# Christopher Melchert states that one of the explanations for the disappearance of the Zabiti, or literalist, madhhab is the failure of its adherents to develop a regular course of study. In his view, the Zahiris were associated with high literary circles and dispensed with direct, oral transmission, which led not only to a break in communication with ordinary M tendency to rely on books alone.’ As a case in poi Ibn Hazm, 1us jurist and theologian from Cordob: founded the Andalusian sch dence from books” (pp. 189f). These statements are based on a passage in Tbn Khaldan’s Mugaddima, which I quote here in the translation by Franz Rosenthal: (Zahirisn} survives only in books (...). Worthless persons occasionally feel obliged to fallow this school and study these books in the desire to learn the (Zahinte) system of jurisprudence from them, but they get nowhere and encounter the oppo sition and disapproval of the great mase of Muslims. In doing so, they are often considered innovators, as hy acipt avede fiom backs for which wo ey is provided by teaches (tales mine, CA). That was done by Ibn Hazm al-Andalus, although he feupies a high rank in the expert knowledge of uaditions* Melchert seems to suggest that the books studied by Ibn Hazm were the ‘works of the “founder” of the literalist school, which were brought to al- Andalus in the early tenth century (as he mentions on p. 190), and that there was no continuous transmission of Zahiri thought in al-Andalus from the moment these works were imported until the days of Ibn Hazm, whose adoption of Zahirism may be assumed to have occurred by the year 421/1030 at the very latest”118 ‘CAMILLA ADANG. idy of biographical dictionaries, Andalusi and other, reveals fact, Zahiris in Spain during this interval; there is there- fore no a priori reason to assume that Ibn Hazm became acquainted with the literalist school through books alone, or that he was the founder of an Andalusi school which had no roots or tradition whatsoever. In what fol- lows, I shall introduce the Zahiris from the period before Ibn Hazm, hav- ing dealt with the ones who came after him elsewhere.* Zahiris in al-Andalus before Ton Hazm: Prosopograpiy ‘The first Zahiri of whom we hear—and who is mentioned by Melchert” is the fagih Aba Muhammad ‘Abd Allah (b. Muhammad] b. Qasim b. of Cordoba." He is praised in al-Khushani’s Attar al-figaha” wa-L-muhaddithin as one of the most dis- tinguished and eminent scholars of al-Andalus. Originally a Maliki, this ‘man made a long rifla, during which he studied with the leading Shafit scholar al-Muzani (d, 264/878) in Egypt, and with Dawad al-Zahirt in aq. The latter is none other than the man credited with the foundation the Zahiri madhhab, Abii Sulayman Dawid b. ‘Alt b. Khalaf. ai ‘The son of a Hanafi father, Dawtid changed to Shafi‘sm, soon became disenchanted, however, since in his view, ‘much room for speculation. Dawid, who advocated the literal inter- pretation of the Quran and the Sunna, categorically rejected any use of ‘gas and other methods that were accepted by other legal scholars as too arbitrary. It is precisely for this rejection of analogical reasoning—which set him apart from the other schools—that he is often paradoxically referred to as Dawid al-Qiyast. ith Dawid al-Isfahant was to have a profound influence fon the traveler from Cordoba, for the biographical dictionaries inform us he copied all the writings of the Zahiri master. Considering the long of works given by Ibn al-Nadim, this must have cost him much time, ‘energy, and money."' He then brought these works, 0 al-Andalus when he returned. According to Ibn al-Faradi voked the wrath of Abii Muhammad ‘Abd Allah’s cont not surprising, for the dominant madhhab in the per ‘one, whose representatives jealously guarded the privileges they had been given by successive Umayyad amirs, and other schools were at best tolerated. ‘The biographical dictionaries emphasize that Aba Muhammad, too, had a sound knowledge of Maliki law, but that the way of the zakir prevailed with him, He had a number of eminent students, such as Muhammad b. ‘THE BEGINNINGS OF THE ZAHIRI MADHHAB IN AL-ANDALUS 119 ‘Abd al-Malik b. Ayman (d, 330/941), Qasim b. Asbagh al-Bayyant (d 340/951), and Muhammad b. Qasim (4. 327/938)" All three of these ‘men were hadith-minded, which was not at all selevident in al-Andalus at the time." Their interest in hadith may have made them receptive to Zabitism, although they are listed as Malikis. According to most sources, ‘Aba Muhammad died in 292/904, at a mature age. In his Ristla ft fad! al-Andalus Yon Hazm later compared him with the great Zahitis from the East." Aba Muhammad ‘Abd Allah may not have been the only channel through which the writings of Dawiid al-lsfahant reached the Iberian peninsula: we hear of another Andalusi, Abii ‘Umar Ahmad b. Duhaym (d. 338/949),” who traveled widely and sat at the feet of eminent masters in the among them Aba ‘Isi Yusuf b. Ya'gib b. Mihran al-Anmatt, who had been a student of Dawid. It was on this man’s authority that Ibn Dubaym tansmitted Dawid’s works. Although our source for this valuable piece of information, al-Khushani, does not list Ibn Duhaym as a Zahiri, this does not necessarily exclude the possibility of his having divulged Dawad's writ. ings afer his return to his native land.” ‘As was mentioned earlier, it is suggested by Melchert that there were xno Zahiris active in al-Andalus in the period between Abii Muhammad ‘Abd Allah b. Qasim b. Hilal and the other Abii Muhammad, i.c., Ibn Hazm, But should we assume that the former, and perhaps Tbn Dubaym, simply brought Dawad al-Tsfahant’s works to al-Andalus, and that nothing was done with them, that they were not discussed, nor became part of the legal disours? ‘This is highly unlikely, and the sources also tell us otherwise. “The biographical dictionaries provide us with information on several declared literalists who were active in the period of the Umayyad amirate and caliphate. Most of them were foreigners who came to al-Andalus, which probably also meant that Andalusis who adopted Zahirism, and per- haps even those who did not but were sufficiently interested in iBatilaf, were kept informed of discussions taking place in the Eas The first of these outsiders was ‘AIF b. Bundar aT b. Misa b. Yahya b. Khalid b. Barmak al-Barmaki, who arrived in al-Andalus from Baghdad in the year 337/948. Ibn al-Abbar, who lists him among the for- cigners (ghuraba’) who came to the Tberian peninsula, tells us that he had studied with the Dawudi fagih Ibn al-Mughallis and been his disciple.” Ibn al-Mughalls (d. 324/935) was the foremost representative of Iraqi Zahirism after Dawid and his son Muhammad b. Dawid (4. 297/909), and ‘Alt al-Barmakr had studied his figh work al-Madih wa-Lmugih with him, as well as those parts of his Ahkim al-Qua’an that were finished by that time. Tbn al-Abbar informs us that part of his information on ‘Alt al-Barmakt120 CAMILLA ADANG Umayyad caliph al-Hakam Il al-Mustansir, and 1¢ connection between Palaci ently a pro ity and his tolerance for non-Maliki movement al ‘may even have supplied the « his famous library, although this, of course, is pure speculatior certain is that Ibn al-Abbar (d. 69/1260), who is relying here on an older authority, would not have recorded the name of this man and his arrival in al-Andalus had he been a mere trader. We may safely assume that he ‘was noted not so much for the quality of his merchandise as for his con- tribution to the scholarly debate.” Mention is also made of another Zahiri, this one @ native Andalusi of Berber descent, who was active around the same period. His name is Aba L-Hakam Mundhir b. Sa‘id (4. 355/966), and he was the most eminent exponent of Zahirism in the period before Ibn Hazm. Born in 293/886, he embarked on his rikla to the East at the age of thirty-four, and came back to al-Andalus more than three years later. Although he is said to have studied with the famous masters of the time, we possess few names, and none of them is a Zahiri, though it would seem that Mundhir became |-Barmaki and the caliph was. According basing himself on this entry, the Zahiri traveler was appar- that possibi number of local judgeships and carrying out a diplomatic mission on behalf of the caliph ‘Abd al-Rahman II al-Nasir, Mundhir was appointed to the year 339/950, ‘Abd al-Rahman's successor, alHakam II, confirmed Mundhir in his office. The appointment of a Zahiri to this position may seem sur~ leamed Shafi‘, Qasim b. Muhammad (d. ca. 277/890), as his chief notary.” Qasim also issued fatwas according to Maliki law. When it was objected that he was issuing legal opinions that he himself did not believe in, Qasim replied that unless explicitly asked for a fatwa based on his own madhhab, he would advise in accordance with the law of the land. Apparently, then, ‘THE BEGINNINGS OF THE ZAHIRI MADHHAR IN AL-ANDALUS al life from his private prac- adopted by Mundhir: Mundhir was moreover not the first Zahisi adi who applied the laws of a different madhhab, nor would he be the last one: the oriental dictio- naries inform us of Zahiris acting as judges in cities such as Baghdad, Damascus, Rami, Firuzabad, and Isfahan, which can hardly have had a Zahiri majority, and where they were probably required to rule according to the dominant madhhab in the same way that Mundhir was, OF the ten followers of Dawad al-Zahirt and his son listed by Abii Ishq al-Shirazs, no fewer than four were judges, one of them even a Chief Judge, and the list can be expanded considerably based on additional sources.” At least two of these gadis, viz. Ibn Ukht al-Walid (d. 369/980) and AbO Faraj al-Famt (frst half eleventh century CE), were associated with Mu‘tazlism, like Mundhir, while another, Ruwaym b. Abmad (4. 308/91 ‘was known as a mystic, The fact that a literalist approach to the law eould be com- bined with a more speculative attitude in theological matters shows the flexibility of the madhhab. This phenomenon, which requires further study,” may help explain why someone like Mundhir had no difficulty accepting the caliph’s demand that he rule according to Maliki law. It would seem that private life, Mundhir was free to apply the rulings of his own madhhab, for example in the spheres of ritual purity and dietary law.” Moreover, Mundhir’s readiness to apply Maliki law in public did not affect his commitment to Zahirism: the sources tell us about his teaching activity and his writings, which carry tiles like al-Jnba istinbat al-ahkim min Kitab Allah; al-Radd ‘ala abl al-madhahib; al-Tban aga’ig usd a-dyana, and al-Nasith wa-L-mansik. Especially the frst title (on extracting legal rulings from the Quran) has a distinctly Zahiri ring to ‘The fact that Tbn Hazm is the first and actually the only Andalusi Zahi whose works have come down to us should not delude us into thinking that he was the first, or the only one, to write any, ‘The extent to which Mundhir was instrumental in the spread of Zahirism in al-Andalus cannot be established. We know that he himself had col- lected the works of Dawid al-Isfahanf,” and although he must have had students whom he instructed in Zahirism, we do not hear of them. The information we possess on his descendants concems their theological beliefs if Mundhir had raised them ‘according school. However, we do not know to what cone is born into the Zahiris as we there are, of course, the famous examples of the122 (CAMILLA ADANG “founder” of Zahirism, Daw0d allsfahant and his son, Mubammad, who became the head of the madhhab after his father’s death, and of the descend ants of Ibn Hazm, who are known to have followed in their ancestor's footsteps. ‘there are some cases from Almohad Spain of families that cultivated ced Zahirism.* Interestingly, Ibn Hazm was wo of Mundhir’s sons, viz. al-Hakam (4. ca. 4403/1013), whom he met when he himself was ie young and well before he tuned to Zahirism. Whether he was fluenced by them cannot be established. 1¢ next Zahiri we encounter in the biographical dictionaries after Mundhir was another arrival from the East, who set foot on the penin- sula in the year 420/1029, This means that we have a gap of more than sixty years between the death of Mundhir and the arrival of this Iraqi trav- ler. But does the fact that we do not possess information on any Z: activity for a sixty-year period mean that there was none? Or did the lit ts keep an even lower profile than usual? This last explanation seems al-Hakam II, in 366/976, power was grasped by al-Mangar b. i fhajibof the caliph’s son and heir, Hisham. In order to secure his power base, |Mangir ingratiated himself with the Maliki establishment, among other ings by purging the library of al-Hakam of all sectarian. and heretical jorks—possibly including Zahiri tracts—and by promoting Malikism to be the sole acceptable school of law."* However, even if this purge included Zahiri works, they had apparently already made their mark, as is borne out by a chance remark in Qadi ‘lyad’s Tart al-madarik to the effect that the well-known Maliki scholar Ibn al-Fakhkhar of Cordoba (d. 419/1028) greatly respected Dawid b. ‘AIT and even adopted his views on certain a fact passed aver in silence by all other sources discussing this man.” he continuity of the Zahiri tradition seems, moreover, to have been ibution of literalists from the East. First now as the one who arrived some sixty years after the death of Mundhir b. Sa‘id. His name was Aba ‘Abd Allah Muhammad b. ‘Abd Allah b. Talib al-Basti, and he is described by Ibn belonging to the madhhab ted his travels in search of kn died with the shupikh bilad piece of information), was a merchant who came to at an advanced age’ he was born in 352/963. The date of his death is not known, but since he was already quite old when he arrived on the peninsula, he may well have spent the remainder of his days there. Thn Bashkuwal volunteers the name of one student only: Ibn Khazraj (d. 478/ -Andalus in 420/1029 ‘THE BEGINNINGS OF THE ZAHIRI MADHHAB IN AL-ANDALUS 123 1085). This man features often in Kitab al-Sila, since he was one of Ibn Bashkuwal’s main sources." bn Bashkuwal informs us also about another merchant, Aba Salim Muhammad b. Sulayman b. Mahmtd al-Harrant (or perhaps al-Khawlant\® al-Zahiri, who arrived three years after al-Bast, in 423/103]. He is described as a firm believer in the madhhab of Dawid and his partisans, whose kina mu‘tagidan U-madhhab Dawiid wa-ashabiti multajan xy forthcoming with information on this man’s masters; he merely states that he studied with the shaykhs of Iraq, Khurasan, and other areas, and that he studied the seven Quranic read: ings with Aba Ahmad al-Simiri in Egypt. Again, only one student is m tioned by name: the same Ibn Khazraj we have encountered as a student of al-Basri. He was apparently referred or introduced to Abi Salim al- Zahist by the Sevillan scholar Abu I-Hasan b. ‘Abadil." Tbn Khazraj received the Zahiri’s iaza in Sha‘ban 423/July 1032, when Abs Salim was 74 years old. There is a tantalizingly vague reference to writings by Abi Salim being transmitted by Ibn Khazraj and Ibn ‘Abadil, which does not allow us to draw conclusions as to their content. However, Tbn Bashkuwal’s statement that Abii Salim took up the cause of Dawid and his parts suggests that he wrote from a literalist perspective. IF he taught his wrt- ings in al-Andalus, this may have contributed to a continued discussion of Zahiri thought. Around the same time we hear about another merchant-scholar from the East: Abi Sulayman Dawid b. Ibrahim b. Yusuf b. Kathir al-lsfahani, Thn Bashkuwal describes him as someone who stud- and followed the madhhab of Dawid and his parti- sans. No information is provided about the works Abii Sulayman studied ‘with these masters, whoever they were. Here, too, only one student is men- tioned, and once more it is Ibn Khazraj, the student of the Zahiris al- Bas? and Abii Salim. Ibn Khazraj received Aba Sulayman’s gi@za in Sha‘ban Although Ibn Khazraj cannot be proven to have been a Zahiri himself, he had at least one student who was: Abi Muhammad ‘Abd Allah b. ‘Yarba‘* What materials Ibn Khazraj was permitted to transmit by his chers—Abi Salim, AbO Sulayman, and perhaps also al- for speculation. However, I would surmise that they days." As will be clear by now, it is not likely that these books were merely copied and handed down without being discussed.124 CAMILLA ADANG: We thus have information that foreign and native Zahiris were present and active in al-Andalus in the period prior to Ibn Hazin, As we come closer to the lifetime of Ibn Hazm, we encounter a man who was one of his teachers: the grammarian Abi I-Khiyar Mas‘id b. Sulayman b. Muflt, 4 native of Santarem in present-day Portugal, who lived in the Umayyad capital of Cordoba. Of Ibn Mult, who died in 426/1035, the biograph- us that he was Dawud by madhhab, disapproved ‘and tended towards itiyar* and acceptance the revealed texts)" Ibn Hazm himself refers ‘Tawg al-hamama.® The most served in Miguel Asin Palac Ibn Hazm and Ibn Muflit in the Great Mosque of Cordoba, where each taught his own study-circle (Aalga) and issued fatwas. The views they spread there contradicted the personal opinion (ry) of Malik, and alarmed the local representatives of his school. As was mentioned in the introduction, felchert states that Zahirism was closely associated with the literary elites, and although this is certainly true of Ibn Hazm himself, the text referred to clearly states that he and his master sought to bring Zahirism to the common people (ai-‘amma); they did not address themselves to the elite alone. Because of the threat they posed to the Maliki establishment, they ‘were banned from the mosque, and from public life, after an appeal to the caliph, Hisham IIT al-Mu‘tadd, who supported the Malikis in their conflict with the literalist; presumably he did so because whatever polit- cal stability was left in greater Cordoba depended on the support of the Maliki figaha’. Tb Mufit took this ostracism very hard, and died in soli tude not long after the expulsion. Ibn Hazm left the capital and continued his efforts to spread Zahirism on the isle of Majorca, where he was ini- tially given free rein by its governor. We know of one other Zahiri of Ibn Mufit’s generation who may have been part of his circle, viz. Abu Walid Hisham b. Ghalib b. Hisham al- Ghafigt al-Wath@igi of Cordoba (4. 48/1046). His masters included Aba Bakr b. Zarb, Tha al-Makwi,” Ibn al“Aqar,* Tbn al-Hindr, and finally al-Asilf, to whom he was particularly various subjects and became a popular teacher himself. By profession he was apparently a notary. Tbn Bashkuwal says of him that he had hidden Zabiti tendencies (kana yamilu ila madthab Diwad 6. ‘Alt al-Iyfahant ft batin ‘anviki). This may mean that like Mundhir b. Said, he applied M: ‘while his personal inclinations were towards Zahirism. This says something about the low status enjoyed by Zahirism, even in the relatively liberal Wife period 1 wed the collapse of the caliphate. ‘THE BEGINNINGS OF THE ZAHIRI MADHHAB IN AL-ANDALUS 125 Finally, mention should be made of al-Qasim b. al-Fath b. Muhammad . Yasuf, known as Ibn al-Ruyall, from Madinat al-Faraj (Guadalajara), 4451/1059. Of him Ibn Bashkuwal says that he did not approve of ‘agitd but freely expressed his own opinions (Rana muthtdray);* he did not ope ane views but Su ir Sooner wits We Came Ee! tie Conclusion ‘The evidence examined reveals that Zahirism in al-Andalus had a living tradition in the period before Ibn Hazm and that it was not solely the product of theoretical discussion and academic interest. First introduced by an Andalusi traveler returning from the East, and strengthened by new arrivals from the East who are known to have had Andalusi students, Zabirism gradually developed on the Iberian peninsula until we meet ‘Andalusis who acquired their Zahirism on Spanish soil, without instruction from masters in the East. Ibn Hazm himself never left al-Andalus, nor was it necessary to do so in order to become acquainted with Zahiri thought. We do not know where his master, Ibn Muflt, was formed, but the fact that no reference is made to a ritla makes it plausible that he also never left the peninsula. Unfortunately, the information available for the carly period is t00 limited to allow us to draw far-reaching conclusions on teacher- student networks: references to Zahiris are few and far between and one gets the impression that they were a marginal, and at times even margin- alized, group. Admittedly, they produced a Chief Judge, but the fact that he was expected to rule according to Maliki law is significant. Of course, there may well have been more literalists who simply did not ‘make it into the biographical dictionaries, either because the compilers did not think it important or opportune to mention them, or because they kept a low profile, keeping their Zahirism to themselves. The fact that the for- ign Zahiris who are mentioned all seem to have been quite outspoken suggests that it was easier for them than for local literalists to express their views without fear of reprisals on the part of the Maliki-dominated estab- lishment. Those who defied this establishment, like Tbn Mufit and Tbn Hazm, paid a high price.240 Notes 70 PP, 18-111 121. See Makdisi 1962 and Madelung 1971:110 n, 3 for opposing views on the power the Hanbali madrasa (he only Hanbali madrasa ever established by Nor 125. Menasei 1997:114, Undoubtedly, as pointed out by Michael Chamber lar issues such as competition between established elites and neweomers 1d Sourdel-Thomine 1981:270, fbn aljawzt 241 144, Pouzet 198897 145. Mouton 1994:334. ‘Abd al-Khalig b. As‘ad al-Dimashat (4. 564/1168), a Shafi was also his pupil (alDhahabr 1981-1985, 20-497). basa, hat sa mn tlomidih jomda min ab-abéd we ua Haim waka yatafaggadshum cweya le ‘eam wa‘en Baik, we lo-gad cn a-madhahib forgot ‘on madthabihin lima shad? minke » dé 1999:392-393, idem 1998:200; Mouton 1994:322. Kathir 1992, 1484-85, st was carried out duting a stay as fellow at the Institute the Hebrew University of Jerusalem (September wank David J. Wasserstein for his comments on an ear- 15:354; Toa Khaldan 1958 (1972, 3:6. ios 1927; Aba Zahra nd; EP, 3:790 (Amaldes) (On hie adoption of Zabiriem, see Adang 2001, Adang 2000; Adang in press held disputations with Zab 10. On Davai, see al-Shirszr 13: 1964-1976, 2:284-293; Ibn alfa at 5 abSubkt no, 164; Tbn Khallkin242 NorEs 10 PP. 1977, 2:255-257, no. 223; al-Dhahat 196871970, 2:572; idem surprising that Melchert’s book does ‘monograph on the Zahiris (Goldeiher 1884, idem 1971), not even in the chapter Gealing with the reasons for the disappearance of Zahirism, a topic on which as important observations £ Some of the tiles listed may actually refer to chapters 1 1:379, no, 553; al-Dal Of the son, who was in close contact with Ibn. Haz to the Zahiri school for a considerable period of time at the beginning of his carer. Tk would be tempting to assume that Thn ‘Abd al-Barr Jr. received his first infor- Wn on Zahiriem from his own father, that he was very young when his par opportunity to study with him; see alDhabi Alfican scholats, too, may have been fami bout one Ahmad b. Mas‘id of Qsyrawan who had traveled to Baghdad and met 1e Zahiri master, whom he asked about the essence of faith. The reply he received 10 whom he had frst addressed his question; se al-Maliki 1414/1994, 1:454 It is unclear, however, whether this account is historically true or merely reflects fan attempt fo extol the scholarship of Ibn Sabin, NOTES TO PP. 120-123 243 alShirdet 1396/1997:149-152. Purther references to Zahir qadis may be encoun- teed in Qudat Dinaiy by Ton Ta, Teatho-iam by abDbabab, a Manion bby Thon algave, and alsNi Jon Taghribirds. It would exceed the scope of the present study to list these individual qadis, whom T propose to dis: cuss elewhere, In the meantime vee Melchert 1997:185-190. 29, In the meantime, see Melchert (1997168), who suggests that the fact that Zahirism was associated with unorthodoxy contributed to its rapid decline. 30, 1 propose to provide a reconstruction of “le zahirisme vécu” elsewhere S31. abNubabr 1948:75, 52, See De Felipe 1997-214 33, See Adang in pres. 34. See Adang 2000:420, 425 f, 426-428 35, On Sad and al-Hakam, see De Felipe Hazm 1960:86 £) am is clear from 39, De Felipe and Torres 1990:327-829. On Tbn Khazraj, see al-Dhahabr 1981-1985, 18:488 f, no. 251 40, See Ibn Bashkuwal 1883:540 £, no. 1196,244 NOTES TO PP. 123-127 $1. Thn Bashkuwal 1410/1989, 3:866 £, no, 1520. ‘Muhammad b. ‘Ubayd Allah b. Ahmad, Ibn ‘Abadil al- Ansar (@. 456/10 bn Bashkuwal 1410/1989, 1:4 £, n0, 26 48, Ibn Bashlanwal 1410/1989, 1291, no. 422 no, 331; Adang in press 195492 1 to give his own opinion, rooted in scripture, rather than repeating the views of an eatier authority (agli). Jktpar in thie sense should not be confused with ray (personal opinion), which often has no basis in scripture, al-Dabbr 1410/1989, 2:624, no. 1365; 1989, 3:891, no, 1365, 96 £ The manuscript in which the text reproduced by Asin appears is now lost. ‘Aba Bakr Mubammad b. Yabgi b. Zarb Cordoba, d. 01/1010; see Ton Farhin 1417/1996, 100 €, no. 33; 7:14, no. 3077; alDhahabt 1981-1985, 17:206 f, no. 120. 52 Abn ‘Abd Allah Muhammad b. Ahmad b. ‘Abd ‘Ala, beter known as Ton ale what [understand lé yard al abd ald shay? min als to mean, was fist recognized by Goldzher: in the margin of his eopy of Ton Bashkuwal's Sila which is kept in the Jewish National and Universiy Library in Jerusalem, he identifies him as a Zahir Notes to Robert Gleave 1 Mahe 197 2. 28 NOTES TO FP. 127-134 245, 3, 495, See also al-Tibrant 1341, 28:11: “He mentions in ic all the ‘madhhabs of the Muslims on jursticisues, with their proof, and refutes those of which he does not approve.” is the use of madhhab in the sense of “guild” example, Makdisi 1990:16). Undoubtedly, there ‘were professional classes of Imami junit who maintained an educational instiow- tion “with a regular method of reproducing itsel—of training new jurisprudents” (Melchert 199720), but the term madhhab in Imami texts is not commonly used to describe them, ialyze the reverential and interpretative features of the exegesis of this verse in the passage, and his ute of the "Muslims" interpretation as a contrast by the non-committal, “it is said..." phrase Shahid I nd, 238. a-Sabzawart n.d 2854, alSabraveirt nd.b39. ‘There are late classical Shite works which give no hint of itl. See, for exam- ple, the Persian mtgor of Muharomad b. Husayn alShayk al-Baha' (@. 1081/1622 for 1082/1623) (alBah2°r n:200) and al-Kashant’s own al:Nulbe (al-Kashant 14172133). The lack ofshilgf mentioned here can generally be explained by generic constraints, The works ate introductory and clearly aimed at the novice student or layman, Stewart 1998:15-16. : "This might qualify rome of Hallaq’s conclusions, which present creativity in terms of novel opinions, See, for example, Hallag 1994. ‘As Calder puts it, the jurists “were not alone before revelation (in a position of