TY - JOUR
T1 - The Kitāb al-Aṣl of Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805) and its Riwāyas (Recensions)
AU - Tsafrir, Nurit
N1 - Publisher Copyright:
© Nurit Tsafrir, 2025.
PY - 2025
Y1 - 2025
N2 - This essay is a preliminary study of some aspects of the transmission of Kitāb al-Aṣl by Muḥammad b. al-Ḥasan al-Shaybānī. The essay examines information, preserved in later, mainly Ḥanafī works, about two major riwāyas of al-Aṣl, and analyses some points of doctrine on which they differ. These differences are shown to be substantial, as emerges from biographical sources. Given the divergence from each other and also, in one instance, from a third riwāya, I propose that the two riwāyas do not represent the content of a single original text. They may reflect either different stages in the development of a text that was still fluid, or else doctrinal changes that were introduced into a fixed text by its transmitters. The disparity between the riwāyas must be taken into consideration in any attempt to reconstruct the teachings and history of Kitāb al-Aṣl.
AB - This essay is a preliminary study of some aspects of the transmission of Kitāb al-Aṣl by Muḥammad b. al-Ḥasan al-Shaybānī. The essay examines information, preserved in later, mainly Ḥanafī works, about two major riwāyas of al-Aṣl, and analyses some points of doctrine on which they differ. These differences are shown to be substantial, as emerges from biographical sources. Given the divergence from each other and also, in one instance, from a third riwāya, I propose that the two riwāyas do not represent the content of a single original text. They may reflect either different stages in the development of a text that was still fluid, or else doctrinal changes that were introduced into a fixed text by its transmitters. The disparity between the riwāyas must be taken into consideration in any attempt to reconstruct the teachings and history of Kitāb al-Aṣl.
KW - Abū Sulaymān al-Jūzjānī
KW - Abū Ḥafṣ al-Kabīr
KW - al-Aṣl
KW - al-Shaybānī
KW - riwāya
KW - Ḥanafī law
UR - https://www.scopus.com/pages/publications/105001685325
U2 - 10.1163/15685195-bja10064
DO - 10.1163/15685195-bja10064
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AN - SCOPUS:105001685325
SN - 0928-9380
VL - 32
SP - 43
EP - 69
JO - Islamic Law and Society
JF - Islamic Law and Society
IS - 1-2
ER -