Sadr ash-Sharee'ah

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 Sadr ash-Sharee'ah al-Asghar 'Ubaydullah ibn Mas'ood ibn 'Umar Taaj ash-Sharee'ah ibn Ahmad Sadr ash-Sharee'ah al-Akbar ibn 'Ubaydullah ibn Ibraheem ibn Ahmad ibn 'Abd al-Malik ibn 'Umayr ibn 'Abd al-'Azeez ibn Muhammad ibn Ja'far ibn Khalaf ibn Haroon ibn Muhammad ibn Muhammad ibn Mahboob ibn al-Waleed ibn 'Ubaadah ibn as-Saamit al-'Ubaadi al-Mahboobi al-Bukhaari. This is how his lineage came in [الفوائد البهية في تراجم الحنفية]. His lineage as mentioned by At-Tameemi and al-Qurashi, there are some differences in names.

Al-'Ubaadi is an attribution to the great companion 'Ubadaah ibn as-Saamit. Al-Mahboobi an attribution to one of the ancestors as mentioned. Al-Bukhaari referring to him coming from Bukhaara.

The historians did not mention his date of birth, nor his place of birth. He is not the first famous scholar to have this happen to him. As will come in his date of death, as well as that of his grandfather, it is reasonable to assume that he was born sometime in the seventh century.

His Teachers and Students

Teachers

Sadr ash-Sharee'ah grew up in a family of noble lineage, and one that held a highly esteemed scholarly position. He received great care and attention from them, particularly from his grandfather, the author of al-Wiqayah. He had a great interest in learning the intricacies of knowledge and becoming acquainted with its finer points, particularly from his grandfather. Thus, al-Kafawi said of him:

"He was concerned with recording the precious insights of his grandfather and gathering his beneficial points."

He also said regarding his upbringing:

"He grew up in the lap of excellence and attained eminence. He was carried upon the shoulders of the eminent jurists and the lions of the scholars. His grandfather took responsibility for him, raised him, and taught him in his youth. May his grandfather be fortunate and his grandfather be successful, until he attained precedence in the branches and principles. He was the knight of his field in the rational and religious sciences. He acquired knowledge from his virtuous and eminent grandfather."

Among his forefathers are those of whom the scholars of the Hanafi madhhab are proud, such as Taaj ash-Sharee'ah, Burhaan ash-Sharee'ah, Sadr ash-Sharee'ah al-Akbar, the father of the former two, Abu Haneefah ath-Thaani, father of Sadr ash-Sharee'ah al-Akbar.

Students

There is no doubt that a large number of students received knowledge from him, even though the sources do not provide us with sufficient information about them. He had an exceptional concern for students of knowledge, which we can observe when discussing the works he composed for them and for the purpose of improving their condition.

Among those who studied jurisprudence under Sadr ash-Sharee'ah, attended his lessons, and received authorization in all of his works al-Haafidh Abu Taahir Muhammad ibn Muhammad ibn al-Hasan ibn 'Ali at-Taahiri. He was a knowledgeable scholar, and others studied under him. He was a judge, a Mufti and teacher.

His Works

01- Tanqeeh al-Usool

It is more commonly known as at-Tanqeeh. It is a substantial and comprehensive text in the principles of Fiqh. He said, describing the reason why he wrote it:

"When I saw the great scholars in every era and time engrossed in discussing usool al-Fiqh by the Shaykh, the Imam, the leader of the great Imams, Fakhr al-Islam 'Ali al-Bazdawi, may Allaah Almighty grant him the abode of peace, and it is a book of great importance, with brilliant proof, the treasures of its meanings are embedded in the rocks of its expressions, and the obscure points of its subtle indications are encoded, and I found some of them criticizing the apparent meanings of its words. Because of their lack of insight into the points of indication of his observations, I wanted to revise and organize it, and I tried to clarify his intention and make it understandable, and based on the principles of reasoning..."

He combined the words of Fakhr al-Islam al-Bazdawi and Ibn al-Haajib. The purpose of this compilation is to include in it some discussions that the early Hanafis did not usually include in books on principles, along with mentioning ash-Shaafi'i's disagreement on many of its issues, his evidence, the response to it, and the support of the school with textual and rational arguments.

02- At-Tawdheeh Fi Hal Ghawamidh at-Tanqeeh

It is an explanation of the aforementioned At-Tanqeeh. He said:

"Since Allaah granted me success in writing 'Tanqeeh al-Usool', I intended to explain its problems and unlock its complexities, refraining from explaining the points that, if resolved without thoroughness, would preclude anyone from even considering the book. Know that when I drafted the first part of 'at-Tanqeeh' some of my companions hastened to copy and discuss it, and copies circulated in some areas. Later, some minor alterations, erasures, and additions occurred. Therefore, in this commentary, I wrote the phrase 'al-matn' (the main text) in the style I had established, to correct the copies written before the changes. Then, when its completion was facilitated and its conclusion was finalized, it contained definitions, arguments based on rational principles, and detailed elaborations, all arranged after the principles had been thoroughly examined. It was presented in an elegant arrangement, the likes of which no one before me had achieved, along with subtle points of clarification that even the most accomplished scholars of this field have not reached."

At-Taftazaani said:

"A book encompassing the essence of every comprehensive and exhaustive work, a complete measure from the treasury of every choice and sufficient work, an encompassing ocean containing the finest essence of every extensive and detailed work, and a treasure sufficient to dispense with every concise and intermediate work. It contains sufficient material for establishing the scale of the principles and refining their branches, and it is the utmost achievement in acquiring the foundations of the subsidiary rulings and rectifying their pillars."

"Indeed, he followed an extraordinary method in unveiling the secrets of verification and reached the furthest extent in raising the banner of precision, together with noble additions untouched by the hands of thought and subtle insights through which the perceptive have opened what had been closed to their ears. For this reason, it flew like rain across the regions, became proverbial in the cities, and attained throughout the lands a degree of renown like that of the sun at midday. I encountered, among those travelling beyond the river, the hearts of many of the foremost scholars of the age inclined toward it, hearts passionately devoted to it, minds kneeling before it, and desires halting their mounts before it."

Many of the scholars wrote commentaries and explanations on it. One of the most famous explanations is that of At-Taftazaani named "At-Talweeh Fi Kashf Haqaa'iq at-Tanqeeh". Even though the name indicates he wrote it on at-Tanqeeh, it is in reality an explanation on at-Tawdheeh. Haaji Khaleefah in Kashf adh-Dhunoon named 26 such explanations.

03- Al-Muqaddimaat al-Arba'a

Al-Kafawi and attributed this work to him under this title. However, the statement of Haaji Khaleefah indicates that it is not an independent work, but rather a section within his at-Tawdheeh. The scholars singled it out for explanation and annotation because of its extreme ambiguity.

04- Sharh al-Wiqayah

Al-Wiqayah and its Author

There is no difference that the name of the book is "Al-Wiqayah Fi Masaa'il al-Hidayah", but it is shortened and simply called "Al-Wiqayah". The scholars differed a great deal in who wrote this book, but agreed that his grandfather under whom he studied wrote it, that he was a son of Sadr ash-Sharee'ah al-Akbar, and that his title was Burhaan ash-Sharee'ah. They also agreed that the grandfather mentioned in the lineage (Taaj as-Sharee'ah) was a commentator of al-Hidayah, which is named "Nihayah al-Kifayah Li-Dirayah al-Hidayah."

Sadr ash-Sharee'ah stated in an-Nuqayah [as will come]:

"My grandfather and master, the learned scholar and devoted servant, Burhaan ash-Sharee'ah, truth and religion: Mahmood ibn Sadr ash-Sharee'ah, may Allaah reward him on my behalf and on behalf of all Muslims with the best reward, composed, for the sake of my memorizing the book 'Wiqayah ar-Riwayah Fi Masaa'il al-Hidayah'..."

Shaykh Dr. Salaah Abu al-Haaj in his research on the book said:

"The statement of Sadr ash-Sharee'ah states that his true grandfather is Taaj ash-Sharee'ah, and that he has another grandfather whose title is Burhaan ash-Sharee'ah, who authored 'al-Wiqayah' for him, and his name is Mahmood. So his statement has two possible interpretations:

"First: Taaj ash-Sharee'ah and Burhaan ash-Sharee'ah were the same person. His name would therefore have been Mahmood, and he would have been the commentator on al-Hidayah, since the scholars agreed that Taaj ash-Sharee'ah was the commentator on al-Hidayah, as mentioned previously..."

A number of our scholars followed this view, among them: Al-Kafawi, Ibn Qutloobughah, Ibn al-Hinaa'i, Tashkobri Zadah, and az-Zabeedi as in [تاريخ بخارا].

"Second: Taaj ash-Sharee'ah was the actual grandfather of Sadr ash-Sharee'ah and the commentator on al-Hidayah, while Burhaan ash-Sharee'ah was his other grandfather, whose name was Mahmood. Thus, Taaj ash-Sharee'ah and Burhaan ash-Sharee'ah were two sons of Sadr ash-Sharee'ah al-Akbar."

This position was preferred by Dr. Salaah Abu al-Haaj. It was also the position of al-Lucknawi, al-Quhustaani, Haaji Khaleefah, Isma'eel Pasha and others.

As for the book itself, Al-Wiqayah was a summary of al-Hidayah of al-Marghinaani, and its author wrote it for the grandson, 'Ubaydullah. He stated in its introduction:

"The most beloved son, 'Ubaydullah, may Allaah direct his days toward that which He loves and is pleased with, having finished memorizing the literary books and mastering the subtleties of virtue and the complex points of Arabic, I wished for him to memorize, in the science of legal rulings, a remarkable book, to attend to the finest issues of Fiqh, one whose arrangement and organization would be acceptable, and which would be regarded favorably by both the learned and the common people..."

The author added some more issues in al-Wiqayah, he summarized by removing long discussions of evidence, and clarifying some matters such as pointing out if fatwa is given on an opinion which the author of al-Hidayah mentioned, but did not say anything on it. He also exerted effort to sometimes mention mistakes made by al-Marghinaani in either choosing an opinion or incorrectly copying one. Due to its nature, it is considered one of the relied-upon works of the madhhab.

The explanation

Sadr ash-Sharee'ah did not merely memorize "al-Wiqayah" but he was also very interested in learning the various points of knowledge and understanding its intricate matters, especially from his grandfather, which he did so as he often mentioned the view of his grandfather, preserving his points and explanations. Therefore, in the explanation, he independently examined legal issues, discussed the strength of various positions, often mentioning the positions of Imam ash-Shaafi'i, and sometimes Imam Maalik, may Allaah have mercy on them both. He argued for the Hanafi positions, and gave his own opiniions on it. Sometimes he would differed with the previous positions, and form his own opinion on the matter [الإختيارات]. The testiment to his knowledge and deep understanding of the texts is apparent when in many issues, the later scholars examined and found his position and view to be stronger, and they accepted it from him.

05- An-Nuqayah Mukhtasar al-Wiqayah

An-Nuqayah is a summary and abridgement of al-Wiqayah, Sadr ash-Sharee'ah stated in its introduction after describing the reason al-Wiqayah was written:

"However, the aspiration of most of the people of the age fell short of memorizing it. So I made this abridgement from it, containing what is indispensable. Whoever wishes to have the issues of al-Hidayah readily present in his mind should memorize al-Wiqayah. Whoever is pressed for time, let him direct the reins of his attention toward memorizing this abridgement..."

A number of explanations were written on it, the most notable ones being of Badr ad-Deen al-'Ayni and Mullah 'Ali al-Qaari.

His Scholarly Standing

Since the Hanafis relied upon his works in both the branches and principles of Fiqh, we are justified in saying that Sadr ash-Sharee'ah is one of the great prides of the Hanafi madhhab. Accordingly, we find our scholars, whether in their works of Fiqh, usool al-Fiqh, or biographical works on our scholars, giving him his proper rank and competing with one another in expressing their praise and admiration for him.

Al-Kafawi said:

"He is the Imam upon whom there is agreement, the one to whom people turn to, the preserver of the laws of the Sharee'ah, the summarizer of the difficult issues of its branches and foundations, the shaykh of the branches and principles, a scholar of the rational and transmitted sciences, a jurist and scholar of principle, a debater, thinker, a hadeeth scholar and exegete, a grammarian and linguist, a writer, theorist, theologian and logician. He is of great stature and high standing, possesses abundant knowledge, and is an example to be followed. He was nurtured with knowledge and literature, and inherited glory from father to father."

[كتائب أعلام الأخيار من فقهاء مذهب النعمان المختار]

Al-Qurashi in the biography of the grandfather Taaj ash-Sharee'ah said about the grandson:

"The great Imam, scholar of principle and scholar of the sciences."

[الجواهر المضية فى طبقات الحنفية]

At-Taftazaani said:

"The Imam, the researcher, the meticulous scholar, the beacon of guidance, the scholar of knowledge, the balancer of reason and transmitted knowledge, the refiner of the branches and principles, Sadr ash-Sharee'ah and Islam, may Allaah elevate his rank in the abode of peace."

[التلويح على التوضيح لمتن التنقيح]

Mullah 'Ali al-Qari described him as:

"The pillar of the scholars, the cream of the virtuous, the one who combines knowledge of branches and principles, and one encompassing the ways of the transmitted and rational sciences."

[فتح باب العناية بشرح النقاية]

Dr. Salaah Abu al-Haaj mentioned a report regarding him:

"It is related that the eminent scholar Qutb ad-Deen ar-Razi wished to meet with Sadr ash-Sharee'ah and engage in scholarly discussion with him. So he first sent one of his students, Mawlana Mubarak Shah - and he was one of ar-Razi's selected students, he raised him when he was young, taught him when he grew older, and adopted him, so that he became famous throughout the lands - to ascertain the situation. Mubarak Shah attended Sadr ash-Sharee'ah's lesson, while Sadr ash-Sharee'ah was at that time in Herat and the eminent scholar was in Rayy, and he found him teaching the book al-Isharaat by Ibn Sina, and he was not following in it either the author himself or either of its commentators: al-Imam [Fakhr ad-Deen ar-Razi] and at-Toosi [Naseer ad-Deen at-Toosi]. Mubarak Shah therefore wrote to his master, the eminent scholar:

'The man is a blazing fire, and taking the initiative may perhaps bring reproach.'

"The eminent scholar followed his advice, accepted his counsel, and did not venture upon what he had intended."

[شرح الوقاية - ت أبو الحاج]

His Death

Sadr ash-Sharee'ah, may Allaah have mercy upon him, died in the year 747 AH as mentioned by al-Kafawi, al-Lucknawi and others. His grave, as well as the graves of his parents, children, and the grandparents on his parents' side, are all in Shar' Aabaar in Bukhara, except for his two grandfathers, the other grandfather and the actual grandfather, both of whom died in Kirmaan and were buried there.