“The writings of Imām Abū Ĥanīfah, and they are in five books: Fiqh al-Akbar, Risālah, Fiqh al-Absaţ, Kitāb Áālim wa’l Muta’állim, and the Wasiyyah attributed to the Imām.
There was much difference regarding that, from among them were those who rejected its attribution to the Imām completely, and [they said] that they were not from his writings, and from among them were those who attributed them to Muĥammad ibn Yūsuf al-Bukhārī,
who had the ephithet Abū Ĥanīfah, and this is the statement of the Mútazilah, due to what is in them of voiding their crooked proofs and their claims that the Imām was from them, as mentioned in Manāqib al-Kardariyyah, and this is a falsehood from them upon the Imām,
for indeed he, may Allāh be pleased with him, and his two companions were the first to speak regarding the principles of the religion and protected them by clear proofs at the start of the first century.”
He further writes:
“The correct view is that the discussions in these books are from the dictations of the Imām unto his students, such as Ĥammād, Abū Yūsuf, Abū Muţīý Ĥakam ibn Ábdullāh al-Balkhī, Abū Muqātil Ĥafş ibn Muslim al-Samarqandī.
From among them were those who compiled them and a group from the imāms transmitted them from them, such as Ismāýīl ibn Ĥammād, Muĥammad ibn Muqātil al-Rāzī, Muĥammad ibn Samā’áh, Nuşayr ibn Yaĥyā al-Balkhī, Shaddād ibn al-Ĥakam, and other than them,
until it reached Imām Abū Manşūr al-Māturīdī through rigorously authenticated chains.”
He further writes, after listing the scholars who quoted from these books:
“Indeed, extracts from the five books are transmitted in around 30 books from the books of the imāms,
and this amount is sufficient to show that the ummah has accepted them, and Allāh knows best.”
“As for Fiqh al-Akbar, narration of Ĥammād ibn Abū Ĥanīfah from his father, then it has many commentaries.
It has been published many times, in many cities, just as many of its commentaries have
been published.
As for its chain of transmission, then in the preserved handwritten manuscript, under volume 226, in the Library of Shaykh al-Islām Állāmah Áārif Ĥikmat in Madīnah al-Munawwarah, may Allāh increase it in honour,
at the beginning there is the chain of Shaykh Ibrāhīm al-Kūrānī for the book reaching to Álī ibn Aĥmad al-Fārisī, from Nuşayr ibn Yaĥyā, from [Muĥammad] Ibn Muqātil, from Íşām ibn Yūsuf, from Ĥammād ibn Abū Ĥanīfah from his father, may Allāh be pleased with them all.”
“His son, the Faqīh Ĥammād ibn Abū Ĥanīfah: He was a man of knowledge, piety, uprightness, and complete fear of Allāh.”
Further:
“Ĥammād passed away at a mature age, in the year 176.
He has narrated from his father and other than he. His son, Imām Ismāýīl ibn Ĥammād, the Qāđī of Başrah, narrated from him.”
[Siyar, 6/403]
2. Íşām ibn Yūsuf al-Balkhī [d. 210 AH / 825 CE or 215 AH / 830 CE]
Ibn Ĥibbān al-Shāfiýī [270-354 AH / 884-965 CE] writes:
“Íşām ibn Yūsuf ibn Maymūn ibn Qudāmah al-Balkhī, brother of Ibrāhīm ibn Yūsuf. He narrates from Ibn al-Mubārak. The people of his city narrated from him.
He was a narrator of hadīth, established in narration, perhaps he made a mistake. His epithet was Abū Íşmah. He would raise his hands upon bowing and upon raising his head from it, and his brother Ibrāhīm ibn Yūsuf would raise [too].
Íşām passed away in the year 210.”
[Thiqāt, 8/521]
He included him in his book of trustworthy narrators.
Dhahabī writes:
“Íşām ibn Yūsuf ibn Maymūn ibn Qudāmah
Abū Íşmah al-Bāhilī al-Balkhī, brother of Ibrāhīm ibn Yūsuf.
[Narrated] from: Shú’bah, Sufyān al-Thawrī, and other than them.
[Narrated] from him: Má’mar ibn Muĥammad al-Áwfī, Ismāýīl ibn Muĥammad al-Fasawī, Muĥammad ibn Ábd ibn Áāmir al-Samarqandī al-Dayif, and his son Ábdullāh ibn Íşām, and others.
He and his brother were the Shaykhs of Balkh in their era.
“He studied fiqh with Abū Sulaymān al-Jūzjānī, [who took] from Muĥammad [ibn al-Ĥasan al-Shaybānī]...He passed away in the year 268, may Allāh have mercy upon him.”
[Jawāhir al-Muđiyyah, 2/200]
It is mentioned in Fađā’il e Balkh, regarding him:
“Faqīh [jurist], Áālim [scholar] and Zāhid [ascetic], Muĥaqqiq, Nuşayr ibn Yaĥyā al-Balkhī.”
Thus we see that the narrators of Fiqh al-Akbar were great scholars and among the righteous.
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and if I were given the world in its entirety I would not give the verdict that it is impermissible [ĥarām].”
[Khulāşah al-Fatāwā]
The reason being that at his time the fatwā was given according to the opinion of Imām al-Aáżam, that alcoholic drinks other than khamr [i.e. wine]
with the condition that one does not become are permissible, intoxicated nor do so for merry-making as the sinners do.
However, for centuries the fatwā has been given according to the fatwā of Imām Muĥammad ibn al-Ĥasan al-Shaybānī, that all alcoholic drinks are prohibited.
Before I am accused of misquoting Ibn Taymiyyah, as certain individuals have a habit of doing so, I make it clear that Ibn Taymiyyah did not approve of this and condemned it harshly.
However, I will present those passages in which he affirms the reality of it, thus none may accuse me of deception for leaving out the parts of condemnation.
He states that though it is a reality, this does not make it permissible, whereas Najdīs deny the reality completely.
He writes:
“I know of a group from those who asked their needs from those in the graves, from the Prophets and the righteous, and their needs were fulfilled.”
“When it has been established* that the world is originated, and it is known that anything originated must have an originator, for by necessity it is impossible that there be a preponderance in favour of one of the two alternatives of something
possible [i.e. of it existing and of it not existing] without there being a determiner, it is established that the world has an originator.”
* That is, when it has been established by evidence that the world is originated, preceded by non-existence, and it is known that its existence is not due to its own self, and its existence and non-existence is equal in the intellect,
“Shall I not pray for you the prayer of RasūlAllāh ﷺ?”
Thus, he prayed and did not raise his hands except for the first time.
Abū Ýīsā [al-Tirmidhī] said:
“The ĥadīth of Ibn Masúūd is a ĥasan ĥadīth.
More than one amongst the people of knowledge from the companions of Nabī ﷺ and the tābiýīn held this opinion, and it is the opinion of Sufyān al-Thawrī and the people of Kūfah.”
[Tirmidhī, #257]
Albānī grades this narration şaĥīĥ.
He also graded the same ĥadith şaĥīĥ in Mishkāt al-Maşābīĥ:
“The reality is that it is a şaĥīĥ ĥadith, and its isnād is şaĥīĥ upon the criteria of Muslim.”