The Number of Books of Ẓāhir ar-Riwāyah

NOTE TO THE READER:
This article is based on notes and discussions from our class with Mawlana Zeeshan Chaudri. It’s not intended to be a thoroughly researched or evidence-based academic paper. My aim is simply to document what we’ve studied and also share it with other interested readers.

In the Ḥanafī school, legal rulings (masā’il) are categorised into three main sources: Ẓāhir ar-Riwāyah, Nawādir, and Nawāzil. In this article, I will give a brief introduction to the categories of Ḥanafī Masā’il books, the varying scholarly opinions regarding the number of the books of Ẓāhir ar-Riwāyah, and finally a brief introduction to each book of Ẓāhir ar-Riwāyah.

The Three Categories of Ḥanafī Masā’il Books

1. Ẓāhir ar-Riwāyah (ظَاهِرُ الرِّوَايَةِ): This collection includes the most widely transmitted legal opinions from the earliest Ḥanafī scholars. The books in this category were compiled by Imām Muḥammad ibn al-Ḥasan ash-Shaybānī (رحمه الله, d. 189 AH) and represent the positions of Imām Abū Ḥanīfah (رحمه الله, d. 150 AH), Imām Abū Yūsuf (رحمه الله, d. 182 AH), and Imām Muḥammad himself.
2. Nawādir (النوَادِر): These are the legal opinions of the same imāms (Abū Ḥanīfah, Abū Yūsuf, and Muḥammad), but they are found in sources outside the Ẓāhir ar-Riwāyah collection. For instance, the position that ‘Aṣr begins at two shadow lengths (mithlayn) according to Imām Abū Ḥanīfah is in Ẓāhir ar-Riwāyah, while Imām Ḥasan ibn Ziyād (رحمه الله, d. 204 AH) transmits an alternate opinion that ‘Aṣr begins at one shadow length (mithl) in Nawādir.
3. Nawāzil (النَوَازِل): This category encompasses rulings from scholars who came after the Ṣaḥibayn (Abū Yūsuf and Muḥammad) and covers the period from around 200 AH to 350 AH. These rulings deal with new issues not explicitly covered in earlier texts, and the scholars extracted rulings based on existing principles and precedents. Nawāzil forms the third tier of authority within Ḥanafī fiqh.

There is disagreement among scholars regarding the exact number of books that Ẓāhir ar-Riwāyah contains. Shaykh Lu’ay al-Khalīlī, a contemporary Ḥanafī scholar from Jordan, delves into the reasons behind this confusion in his PhD thesis, Asbāb ‘Udūl al-Ḥanafīyyah ‘an al-Futwā bi Ẓāhir ar-Riwāyah. According to Shaykh Lu’ay, the reasons for this difference of opinion can be traced back to a few key factors.

First, many scholars copied from each other without verifying the original sources. As noted by the Ḥanafī scholar Imām Ibn ‘Ābidīn (رحمه الله, d. 1252 AH), this issue of replication can lead to widespread inaccuracies: “It may happen that a statement is quoted in around twenty of the later works, and the statement is erroneous, with the initial error spreading as subsequent authors copy it.” Ironically, an example of this is found in Ibn ‘Ābidīn’s own works, where he lists six books as belonging to Ẓāhir ar-Riwāyah, mistakenly counting As-Siyar aṣ-Ṣaghīr as a separate text, as scholars before him did. Shaykh Lu’ay explains that this was likely due to Ibn ‘Ābidīn’s lack of direct access to As-Siyar aṣ-Ṣaghīr, which he quoted as a distinct book when, in fact, it is a chapter within Al-Aṣl (الْأَصْلُ). However, this discrepancy does not lead to any real consequence (thamara) in practical rulings.

A second reason for the differing views is the limited access scholars historically had to the original Ẓāhir ar-Riwāyah texts. For instance, Kitāb al-Aṣl was only published in its complete form in 2012, so scholars previously relied on fragmented copies or had no access at all. Without comprehensive access to the original books, scholars often depended on incomplete versions, which contributed to varied opinions about the number of books in the collection.

The third factor is the influence of popularised texts. For instance, works like ‘Uqūd Rasm al-Muftī became a standard part of the curriculum for later students, solidifying certain positions that, while widely accepted, were based on secondary sources rather than the original texts. Over time, this reliance on secondary references led to positions being taught and referenced as though they represented the original structure of Ẓāhir ar-Riwāyah.

The Major Opinions on the Number of Books in Ẓāhir ar-Riwāyah

There are three major scholarly opinions on how many books belong to the Ẓāhir ar-Riwāyah collection:

1. First Position: Some scholars held that the collection consists of only three books: Al-Mabsūṭ, Az-Ziyādāt, and Al-Muḥīṭ. This view is considered incorrect by later scholars, such as Imām Lucknawī (رحمه الله, d. 1304 AH).
2. Second Position: This opinion has two variations:
   • First Version: Four books make up the Ẓāhir ar-Riwāyah: Al-Jāmi‘ aṣ-Ṣaghīr, Al-Jāmi‘ al-Kabīr, Al-Mabsūṭ, and Az-Ziyādāt. This view is supported by scholars like Imām Bābartī (رحمه الله, d. 786 AH), Qāḍīkhān (رحمه الله, d. 592 AH), and Shalbī (رحمه الله, d. 1086 AH).
   • Second Version: As-Siyar aṣ-Ṣaghīr and Az-Ziyādāt are not considered part of Ẓāhir ar-Riwāyah. Imām Jurjānī (رحمه الله, d. 816 AH) and Abū Aʿlā Ath-Thānawī (رحمه الله) held this view. However, it is seen as weak because Az-Ziyādāt has been widely accepted as part of the Ẓāhir ar-Riwāyah collection.
3. Third Position: The most widely accepted view is that the collection contains five books: Al-Aṣl (also known as Al-Mabsūṭ), Al-Jāmi‘ al-Kabīr, Al-Jāmi‘ aṣ-Ṣaghīr, As-Siyar al-Kabīr, and Az-Ziyādāt. Shaykh Lu’ay al-Khalīlī supports this view, explaining that As-Siyar aṣ-Ṣaghīr is not a standalone book but rather a chapter within Al-Aṣl. This opinion is held by prominent scholars such as Imām Ibn Kamāl Pāshā (رحمه الله, d. 940 AH), Taṣkubrizādah (رحمه الله, d. 968 AH), and others.
4. Fourth Position: A minority view, held by scholars like Imām Ibn Nujaym (رحمه الله, d. 970 AH) and Ibn Ḥannā’ī (رحمه الله, d. 763 AH), suggests that there are six books in the collection. This position, also supported by contemporary scholars like Muftī Taqī Uthmānī and Muḥammad Bakīt al-Muṭīʿī, includes Al-Aṣl, As-Siyar aṣ-Ṣaghīr, As-Siyar al-Kabīr, Al-Jāmi‘ aṣ-Ṣaghīr, Al-Jāmi‘ al-Kabīr, and Az-Ziyādāt.

Shaykh Lu’ay al-Khalīlī argues that the strongest and most correct view is that the Ẓāhir ar-Riwāyah collection contains five books.

The Five Books of Ẓāhir ar-Riwāyah

According to the third position, the five books that make up the Ẓāhir ar-Riwāyah collection are:

1. Al-Aṣl (الأصل): It is known as Al-Aṣl because it was the first of the Ẓāhir ar-Riwāyah texts to be written, but is also referred to as Al-Mabsūṭ (المبسوط) due to its extensive and detailed content, making it the longest of all Ẓāhir ar-Riwāyah texts. Imām Muḥammad ibn al-Ḥasan ash-Shaybānī (رحمه الله) compiled it meticulously, covering a vast array of masā’il chapter by chapter. It is the largest, most detailed, and most essential text for understanding the mindset of Imām Abū Ḥanīfah and the early imāms in approaching masā’il, as each issue is discussed and expanded through tafrī‘. It covers most chapters of fiqh. However, some chapters are missing from the original text, including Sajādāt, Manāsik, Ashriba, Adab al-Qāḍī, Ḥisāb al-Waṣāyā, Ikhtilāf Abī Ḥanīfah wa Ibn Laylā, and Ash-Shurūṭ.
   • There is an online edition of Al-Aṣl edited by Shaykh Abū al-Wafā al-Afghānī, a renowned scholar from the subcontinent dedicated to publishing early Ḥanafī works. Upon reaching the chapter on Ḥajj, Shaykh Abū al-Wafā noted the absence of Manāsik and supplemented it from the abridged version found in Al-Kāfī, explicitly indicating this addition to maintain transparency.
2. Al-Jāmi‘ aṣ-Ṣaghīr (الجامع الصغير): Imām Muḥammad ibn al-Ḥasan ash-Shaybānī (رحمه الله) compiled Al-Jāmi‘ aṣ-Ṣaghīr after Al-Aṣl, and it includes 1,532 masā’il, as noted by Imām Bazdawī (رحمه الله). Around 170 of these discuss areas of ikhtilāf, with two cases involving qiyās and istiḥsān. Imām as-Sarakhsī (رحمه الله) explains that after finishing Al-Aṣl, Imām Abū Yūsuf asked Imām Muḥammad to compile a book of masā’il he had learned from Imām Abū Yūsuf, which went back to Imām Abū Ḥanīfah. Imām Muḥammad presented the final work to Imām Abū Yūsuf, who praised it by saying, “Niʿma ḥāfiẓa ‘annī Abū ‘Abdillāh!” (“Abū ‘Abdillāh has preserved it excellently from me!”), though he noted three minor corrections. Imām Muḥammad replied, “I didn’t make mistakes; rather, you forgot.”
   • Shaykh Lu’ay al-Khalīlī offers an interesting explanation for the name Jāmi‘ aṣ-Ṣaghīr. He says the label “Ṣaghīr” indicates that Imām Muḥammad had presented it to Abū Yūsuf for review, showing that both scholars agreed on its content, whereas “Kabīr” suggests it was written independently, without review. Mawlana Zeeshan, our teacher, found this distinction odd, saying “it doesn’t sound too accurate.”
   • Al-Jāmi‘ aṣ-Ṣaghīr is valuable because it includes masā’il not found in Al-Aṣl. And in cases of ikhtilāf, Jāmi‘ aṣ-Ṣaghīr is often preferred since it was compiled later. Many commentaries existed in manuscript form while Shaykh Lu’ay was writing his PhD, but since then, Jāmi‘ aṣ-Ṣaghīr has been published with notable commentaries from Ibn Maza and Lucknawī.
3. Al-Jāmi‘ al-Kabīr (الجامع الكبير): Written after Al-Jāmi‘ aṣ-Ṣaghīr, Al-Jāmi‘ al-Kabīr is one of the most important, intricate, and detailed works in the Ẓāhir ar-Riwāyah collection. The book was transmitted in two stages: the first copy was taught to students like Abū Ḥafṣ al-Kabīr, Abū Sulaymān al-Juzajānī, and Hishām ibn ‘Ubaydillāh ar-Rāzī. Imām Muḥammad later expanded the text, adding more masā’il, and his students transmitted this revised second version.
   • Imām al-Kawtharī highly praised Al-Jāmi‘ al-Kabīr, describing it as “almost a miracle” (بحيث كاد أن يكون معجزا), reflecting its depth and complexity. In this work, Imām Muḥammad presents his own views, along with the opinions of his two teachers, Imām Abū Ḥanīfah and Imām Abū Yūsuf, and occasionally those of Imām Zufar, though he generally refrains from including the supporting evidence for these rulings.
   • Due to the depth of Al-Jāmi‘ al-Kabīr, many scholars have written commentaries to help unpack its meaning. Imām Ḥājjī Khalīfah provides an extensive list of these commentaries, showing the impact and value that Al-Jāmi‘ al-Kabīr has had within the Ḥanafī tradition.
4. Az-Ziyādāt (الزيادات): Written after Al-Jāmi‘ al-Kabīr, Az-Ziyādāt includes additional masā’il missed in the earlier texts. Later, Imām Muḥammad added Ziyādāt al-Ziyādāt for further rulings. This text was published with the commentaries of scholars like Imām as-Sarakhsī (رحمه الله, d. 490 AH) and al-‘Atabī (رحمه الله, d. 586 AH), edited by Shaykh Abū al-Wafā al-Afghānī (Hyderabad, later republished by ‘Ālam al-Kutub, 1986). Qāḍīkhān’s commentary was also published, though merged with the sharḥ, making the original Ziyādāt difficult to isolate. Claims of standalone manuscripts often turn out to be commentaries or selected excerpts (muntakhabāt).
5. As-Siyar al-Kabīr (السير الكبير): The final book authored by Imām Muḥammad, As-Siyar al-Kabīr covers extensive rulings on warfare, treaties, and governance. Like Az-Ziyādāt, the original text of As-Siyar al-Kabīr has been lost over time, with the available published version being a commentary by as-Sarakhsī (1997, Beirut: Dār al-Kutub al-‘Ilmiyyah, 5 volumes). In this version, the matn is merged with as-Sarakhsī’s sharḥ, making it difficult to distinguish the original text.

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Class date: October 2024, Whitethread London