Abu Zayd ad-Dabusi

بسم الله الرحمن الرحيم الحمد لله رب العالمين الصلاة والسلام على نبيه الكريم وعلى آله وأصحابه أجمعين

In the name of Allaah, the Most Beneficent, the Most Merciful. All praise is due to Allaah, Lord of the worlds. Peace and blessings upon His noble Prophet, upon his family and all of his companions.

Name and Lineage

He is al-Qaadhi Abu Zayd 'Ubaydullah ibn 'Umar ibn 'Eesa ad-Dabusi al-Hanafi. Abu Sa'd as-Sama'ni in [الأنساب] stated:

"Ad-Dabusi: ... This attribution is to Dabusiyyah, which is a small town in as-Sughd, between Bukhara and Samarqand."

Although no date or year is mentioned for this birth, based on the year of his death, and the fact he lived for sixty three years, he was born in the year 367 AH.

His Teachers and Students

Teachers

We have not received anything that tells us the names of the shaykhs from which Imam ad-Dabusi learned under. The first thing presented to us by the biographical works in mentioning his shaykhs is that he studied Fiqh under Shaykh Abu Ja'far al-Usturushani. Shaykh Abu Ja'far studied under Imam Abu Bakr Muhammad ibn al-Fadhl, from Imam 'Abdullah as-Subadhmooni, from Abu Hafs as-Sagheer, from his father, the great imam Abu Hafs al-Kabeer, from Muhammad ibn al-Hasan from imam Abu Haneefah, may Allaah have mercy upon them all.

Students

Just as we have not recieved much information on his teachers, not much is known about his students either except that we know Imam Abu an-Nadhr Ahmad ibn 'Abd ar-Rahmaan ar-Reeghdhamooni (d. 493 AH) studied under him. He was also known as al-Qaadhi al-Jamaal. He was a virtuous imam, he was appointed judge of Bukhara and died there.

His Works

01- Al-Asraar

It is a book in Fiqh in two large volumes, and deals with various matters and issues of Fiqh. Many manuscripts exist for it. Ad-Dabusi's method in this book is to mention the opinions in the madhhab regarding each issue, then mention the Shaafi'i madhhab concerning it, and sometimes the Maaliki madhhab as well, and their evidences regarding the issue. He then provides evidence for the Hanafi madhhab, discusses the evidences of ash-Shaafi'i, and answers them evidence by evidence. His expressions in refuting and responding are gentle and free from the harsh words and severity, which were among the characteristics of his era among some scholars.

02- Al-Amad al-Aqsa

It is a book on advice, manners, and behavior. He wrote this book in the style of a dialogue between himself and one of his students. The student begins by asking about an issue, and the shaykh answers him. Imam ad-Dabusi mentions in the introduction to the book that its reasonf or writing was at the request of one of his brothers.

03- Al-Anwaar Fi Usool al-Fiqh

It is a concise book on the usool al-Fiqh, according to what Haaji Khaleefah said. Its number of copies or where it is located today is not known.

04- Tasees an-Nadhr

In this book, Ad-Dabusi discusses the hidden points behind the disagreement between the Imams and the knowledge of the basis of their evidences for deriving rulings. The book consists of eight chapters, each chapter explaining a category of disagreement among the Hanafi Imams themselves, or between them and other Imams.

05- At-Ta'leeq Fi Masaa'il al-Khilaaf Bayn al-Aimmah

Mentioned by Haaji Khaleefah, and some manuscripts exist for it but they are deficient.

06- Taqweem Usool al-Fiqh wa Tahdeed Adillah ash-Shar'

There are some differences in what the name of the book is. Tashkabri Zadah named it "Taqweem al-Adillah", whereas Ibn Katheer named it "Taqweem Li al-Adillah". Haaji Khaleefah called it "Taqweem al-Adillah Fi Usool al-Fiqh". The different manuscripts of this work list and mention these names. The researcher 'Abd ar-Rahmaan Ya'qoob chose this name as it is complete and encompasses the meaning of all the names for this book.

This is the first work of principles written according to the method of the jurists [طريقة الفقهاء], which is one of the three well known approaches to usool al-Fiqh. In brief, the method differs from others since the principles are derivied from the branches (i.e. legal issues) transmitted from the Imams. They assume that those principles are the ones that the Imams observed when they derived those branches. Thus, when they find a principle that contradicts those established branches in the madhhab, they formulate it in a manner that corresponds with those branches. For this reason, this method was called the method of the jurists.

07- Khazanah al-Usool

Mentioned by Haaji Khaleefah, it is also called Khazanah al-Huda.

08- Sharh al-Jami' al-Kabeer

Mentioned by Haaji Khaleefah and Isma'eel Pasha.

09- An-Nadhm Fi al-Fatwa

Mentioned by al-Maraghi in al-Fath al-Mubeen.

His Scholarly Standing

Imam Abu Zayd ad-Dabusi holds a high rank and status, not just among the Hanafis, but near all the scholars of the madhhaib. It is firmly established that the science of disagreement [علم الخلاف] was founded by imam Abu Zayd ad-Dabusi, meaning he was the first to write in its way. This science deals with how shar'i proofs are presented, and repelling doubts and criticisms in conflicting proofs by presenting conclusive ones. It is considered one of the branches of logic, however this science specifically has shar'i objectives in mind.

Among those who have stated this, Ibn al-'Imaad al-Hanbali in [شذرات الذهب], Adh-Dhahabi in [سير أعلام النبلاء], and Ibn Katheer in [البداية والنهاية]. And from our scholars, Al-Kafawi in [كتائب أعلام الأخيار], Al-Qurashi, al-Lucknawi and Ibn Qutluboogha. (Source)

From these aforementioned sources, the scholars have testified to Imam ad-Dabusi's merit and precedence in serving Islam and its sciences. Among their words:

As-Sama'ni said:

"And he was one of those who was held up as an example in reasoning, extracting proofs, and opinion."

Adh-Dhahabi said:

"The eminent scholar, the shaykh of the Hanafis...the scholar of Transoxiana, and the first to establish and highlight the science of disagreement... and he was one of the Ummah's most intelligent ones."

Ibn Katheer said:

"The Hanafi jurist, the first to establish the science of disagreement and bring it into existence. Ibn Khallikan said this. He said: '"He was used as an example.'"

Ibn al-'Imaad said:

"The judge, the eminent scholar. He was one of those who was held up as an example in reasoning and extracting proofs. He was the first to bring the science of disagreement into existence, and he was the shaykh of those lands [i.e. Transoxiana]."

Al-Kafawi said:

"The shaykh, the judge, the imam...And he had a good method and authored works."

Al-Lucknawi said:

"As-Sama'ni mentioned that he was held up as an example in reasoning and extracting proofs. He had debates with the leading scholars in Samarqand and Bukhara..."

"In the history of Ibn Khallikan: Abu Zayd ʿAbdullah [correct is 'Ubaydullah], the Hanafi jurist, was among the greatest companions of Abu Haneefah and one who was held up as an example. He was the first to establish the science of disagreement and bring it into existence."

It is related from the Imam from these sources that he debated with some jurists, and whenever Abu Zayd compelled them with an argument or proof, they would smile or laugh. So Abu Zayd recited:

مَا لِي إِذَا أَلْزَمْتُهُ حُجَّةً … قَابَلَنِي بِالضِّحْكِ وَالْقَهْقَهَهْ
إِنْ كَانَ ضِحْكُ الْمَرْءِ مِنْ فِقْهِهِ … فَالدُّبُّ فِي الصَّحَرَاءِ مَا أَفْقَهَهْ

Why is it that whenever I establish an argument against him ... he responds to me with laughter and chuckling?

If a man's laughter is because of his understanding ... then the bear (ibn Khallikhan had the word 'monkey') in the wilderness is the most understanding of all.

His Death

He passed away in the year 430 AH in the city of Bukhara, and he was buried there. Abu Sa'd as-Sama'ni said:

"He died in Bukhara in the year 430 AH, In sha Allaah, and was buried near Imam Abu Bakr ibn Tarkhan. I visited his grave more than once."

[الأنساب]

Abu 'Ali ibn Seena, the philosopher, logician and scholar of medicine lamented in a poem:

لو صُور الكون عيناً تستفيض دماً ... بشق جيب ولطم الوجه بالأيدي
لم يوف من نفسه ما كان يلزمها ... من البكاء على القاضي أبي زيد

If the universe were depicted as an eye overflowing with blood ... tearing its garment and slapping its face with its hands

It still would not fulfill what was due from it ... Of weeping for the judge, Abu Zayd.

This was mentioned by the researcher 'Abd ar-Raheem Ya'qoob in his research on [ تقويم أصول الفقه وتحديد أدلة الشرع ]. He mentioned that this poetry came from a manuscrupt [L] of the sixth work of Abu Zayd. However, this is likely a mistake by the copyist as al-Qaadhi Abu Zayd was still alive when Ibn Seena died, which was in the year 428 AH.