Archive for December, 2011

Author: The Noble Shaikh, Zubayr Alee Za’ee(Hafizahullah)

All praises are due to Allaah the Lord of all the creations, and May Allaah’s peace and Blessings be upon his honest Messenger; To proceed:

Qaadhi Aboo Yoosuf Ya’qoob bin Ibraheem bin Habeeb bin Habeesh, was the student of Imam Abu Haneefah. The Imams of Jarah wat Ta’deel have difference of opinions regarding him.

The Mu’addaleen (Admirers) and their Ta’deel (Admiration) is given as follows:

1. Al-Imam Abu Abdur Rahmaan al-Nisaa’i (rahimahullah) said =
“Aboo Yoosuf Al-Qaadhi: Thiqqaah (Trustworthy)”
[Ref: Al-Tabaqaat Aakhir Kitaab ad-Du’faa Pg 310, Published in India]

2. Ibn Hibbaan al-Bastee said =
He is a Shaikh (and) a pious (person)
[Ref: Kitaab ath-Thiqaat 645/7]

Haafidh Ibn Hibbaan (rahimahullah) (also) said:
لسنا ممن يوهم الرعاع مالا يستحله ولا ممن يحيف بالقدح في انسان وان کان لنا مخالفاً بل نعطي کل شيخ حظه مما کان فيه ونقول في کل انسان ما کان يستحقه من العدالهٓ والجرح ادخلنا زفراً وابا يوسف بين الثقات لما تبين عندنا من عدالتهما في الاخبار وادخلنا من لا يشبههما في الضعفاء مما صح عندنا مما لا يجوز الاحتجاج به
Meaning: We (Muhaddtiheen) are not as the stupid people accuse (us), which they do not consider to be Halaal (even for them). Even if someone is our enemy, we are not in favour of doing unjust criticizm on him. We say about every person reagarding Jarah wat-Ta’deel what he deserves. We have included Zafar (bin al-Hazeel) and Abu Yoosuf among the Thiqaah narrators because according to us their Adaalat in narrations has been proven, and those who are not like them (in Adaalah), we have included them in Da’eef narrators, who are not taken as Hujja.
[Kitaab ath-Thiqaat, Vol 7, Pg 646]
From this, we got to know that Imaam Ibn Hibbaan and all the other Muhadditheen used to follow the way of Adal, and Insaaf (Justice). Starting propaganda on Muhadditheen due to some exceptions and Mistakes is an act of Stupid people, according to Ibn Hibbaan (rahimahullah).
Zikriyaah Kandhalwi Deobandi Tableeghi writes: “Listen to the Zulm of Muhadditheen!” (Taqreer Bukharee, Vol 3, Pg 104)!

Note: The Tawtheeq of Hafidh Ibn Hibbaan is rejected when at least one of the following three conditions is met:
· When it goes against the Jamhoor.
· When he is alone in doing the Tawtheeq of Majhool and Mastoor narrators.
· When both Jarah and Ta’deel are contradictory. (See: Mizaan al-I’tidaal 552/2)

3. Muhammad bin As-Sabaah al-Jarjaai said =
Aboo Yoosuf was a pious man, and used to fast continuously.
[Kitaab ath-Thiqaat by Ibn Hibbaan 646/7, Chain: Hassan]

The teacher of Ibn Hibbaan, “Abdullah bin Muhammad bin Qahtabah bin Marzooq” is present in its chain, from whom Haafidh Ibn Hibbaan has narrated approximately sixty (60) narrations in his Saheeh Ibn Hibbaan. Abul-Shaikh Al-Asbahaani also narrates from him (Kitaab al-Amsaal: 298)
This narrator is among the teachers of Ibn Hibaan. Imaam Ibn Hibbaan has done the Tawtheeq of Qahtabah by narrating his ahadeeth in Saheeh Ibn Hibbaan, and this is a second level of Tawtheeq (See: Al-Tankeel by Al-Yamaani Vol 1, Pg 437]. Therefore this narrator is Hassan ul-Hadeeth.

4. ‘Amr bin Muhammad bin Bakeer Al-Naaqid said =
لا أري أن أروي عن أحد من أصحاب الرأي إلا أبو يوسف فإنه کان صاحب السنة
[Ref: Al-Kaamil by Ibn Adee 466/8, Chain: Authentic]

5. Yahyaa Ibn Ma’een said =
أبو يوسف القاضي لم يکن يعرف الحديث وهو ثقه
(Tareekh Baghdaad 259/14, Chain: Sahih)
لم يکن يعرف بالحديث
(Tareekh Baghdaad 259/14, Chain: Hassan)
أنبل من أن يکذب
(Taareekh Baghdaad 259/14, Chain: Saheeh)
کتبت عن أبي يوسف وأنا أحدث عنه
(Taareekh Baghdaad 259/14, Chain: Saheeh)
ليس في أصحاب الرأي أحد أکثر حديثاً ولا أثبت من أبي يوسف
(Al-Kaamil 466/8, Chain: Saheeh)

6. Ibn Adee Al-Jarjaani said =
وإذا روى عنه ثقه ويروي هو عن ثقه فلا بأس به وبرواياته
(Al-Kaamil 468/8)
* Ahmed bin Kaamil Al-Qaadhi said =
ولم يختلف يحيى بن معين وأحمد بن حنبل وعلي بن المديني فى ثقته فى النقل
(Akhbaar Abi Hanifah wa Ashabah by Hussain bin Ali Al-Saimri Pg 90, and Taareekh Baghdaad 243/14)

Ahmed bin Kaamil Al-Qaadhi himself is Da’eef. His tawtheeq is not proven from any trustworthy Muhaddith. See: Al-Hadith 2 Pg 25.

* Talha bin Muhammad bin Ja’far said =
وأبو يوسف مشهور الأمر ظاهر الفضل وهو صاحب أبي حنيفة وأفقه أهل عصره، ولم يتقدمه أحد فى زمانه وكان النهايه فى العلم والحكم والرياسة والقدر وأول من وضع الكتب في أصول الفقه على مذهب أبي حنيفة وأملى المسائل ونشرها وبث علم أبي حنيفة فى أقطار الأرض
(Taareekh Baghdaad 245, 246/14)

Talha bin Muhammad bin Ja’far Al-Shahid himself is Da’eef according to the Majority of scholars. Azhari said: He is Da’eef in Riwayah (Narrations), and Da’eef in Madhab (Taareekh Baghdaad 351/9 T. 4908). This person was an extreme Mu’zalee, infact he used to call towards I’tizaal. See: Lisaan al-Mizaan (212/3), and Mizaan al-I’tidaal (342/2).
Therefore, According to Hafidh Dhahabi (rahimahullah) his being “Sahih ul-Samaa’” (Authentic in narrating) is not beneficial; rather this person is Mardood ur-Riwayah according to the most authentic saying. The Ta’deel (praise) of Hafidh Dhahabi automatically comes to an end after the Jarah (Criticizm) of Muhammad bin Abil Fawaris, Hassan bin Muhammad al-Khilaal, and Al-Azhari.

* Abu Ibraheem Isma’eel bin Yahya bin Isma’eel bin Amr bin Muslim al-Muzani said =
عن جعفر بن يٰس قال: كنت عند المزني، فوقف عليه رجل فسأله عن اهل العراق فقال له، ما تقول في أبي حنيفة؟ فقال: سيدهم، قال: فأبو يوسف؟ قال: أتبعهم للحديث، قال: فمحمد بن الحسن؟ قال: أكثرهم تفريعاً، قال: فزفر؟ قال: أحدهم قياساً
(Taareekh Baghdaad 246/14; Chain: Weak)

The condition of the narration Ja’far bin Yaseen is unknown. His student Muhammad bin Ibraheem bin Habeesh Al-Baghwi is untrustworthy. About him, Imam Daraqutni said: “He is not strong” [Al-Mu’talaf wal Mukhtalaf 689/2]. Ameer Abu Nasar bin Makoola has done the same Jarah on this narrator (Al-Kaamil 334/2). Therefore, this saying is not proven from Al-Muzani, “Saahib ash-Shafi’ee”.

* Ali bin Abdullah bin Ja’far Al-Madeeni said =
قدم أبو يوسف…..وكان صدوقاً إلخ
(Taareekh Baghdaad 255/14; Chain: Weak)

Its narrator Abdullah bin Ali bin Abdullah Al-Madeeni is untrustworthy and Majhool ul Haal. He is mentioned in Taareekh Baghdaad (10, 9/10 T. 5119) without any Jarah (Criticizm) or Ta’deel (Praise). One of the sayings of Imam Daraqutni points towards the weakness of this narrator. [See: Sawalat Hamza al-Sahmi: 387, and Nasb ul-Amaad fi Tahqeeq: Al-Hassan bin Ziyaad Pg 3]

* Wakee’ bin Al-Jarraah said =
كيف يقدر أبو حنيفة يخطئ ومعه مثل أبي يوسف وزفر فى قياسهما ومثال يحيى بن أبي زائده وحفص بن غياث وحبان و مندل فى حفظهم الحديث والقاسم بن معن فى معرفته بللغة والعربية وداود الطائي وفضيل بن عياض فى زهدهما وورعهما؟ من كان هؤلاء جلساءه لم يكد يخطئ لأنه إن أخطأ ردوه
(Taareekh Baghdaad 247/14; Chain: Da’eef)

It contains the narrator Najeeh bin Ibraheem. Perhaps this is the narrator, after mentioning whom in Kitaab ath-Thiqaat, Ibn Hibbaan wrote: “Yaghrib” (He narrates Ghareeb narrations) [(220/9), and Lisaan al-Mizaan (149/6)]. There is no narration of him in Sahih Ibn Hibban. Muslimah bin Qaasim (Who himself is Da’eef) said: “He is Da’eef” [Lisaan 149/6]
The summary is that, this narrator (Najeeh bin Ibraheem) is Majhool ul-Haal. If Ibn Kiraamah (in its chain) is not Muhammad bin Uthman bin Kiraamah then I don’t know who he is?

Note: Even if we accept this saying of Imam Wakee’ to be proven, then due to his other sayings this saying is Mansookh (Abrogated).

Imam Wakee’ said:
“Abu Hanifah told us that he has heard from Ataa, if he has heard!”
[Al-Jarah wal Ta’deel by Ibn Abi Haatim 449/8; Chain: Saheeh, Al-Illal al-Kabeer by Al-Tirmidhi 966/2; Chain: Saheeh, Al-Asaneed as-Sahihah fi Akhbaar Abi Hanifah Pg 293]

Imam Wakee’ said:
“And perhaps Abu Hanifah did an act of daring when he said that Emaan is (testifying) with Tongue, and not with Action”
[Al-Intiqaa by Ibn Abdul Barr Pg 138; Chain: Authentic]

Imam Wakee’ (also) said:
“We have found Abu Hanifah opposing 200 ahadeeth”
[Taareekh Baghdaad 407/13; Chain: Saheeh, Narrated Ibn al-Jawzi briefly in Al-Muntazim 37/8, and Narrated As-Saaji in Al-Illal as present in Al-Intaqa Pg 151]

It becomes very clear from these sayings that if the saying narrated by Najeeh bin Ibraheem gets proven, then it will be considered Mansookh (Abrogated).

* Shu’aib bin Ishaaq bin Abdur Rahmaan al-Dimashqi said =
لأبي يوسف أن يأخذ على الأئمة وليس على الأئمة أن يأخذوا على أبي يوسف لعلمه بالآثار
(Al-Kaamil by Ibn Adee 466/8; Chain: Da’eef)

One of the narrators in its chain is, “Hishaam bin Ammar”. He is a Siqqah and a narrator of Sahih Bukhari, but he had his memory deteriorated at the end of his age, as affirmed by Imam Abu Haatim ar-Raazi in “Al-Jarah wal-Ta’deel” (66, 67/9). All his narrations from before his Ikhtilaat (deterioration) and in Sahih Bukhari are Saheeh, but regarding Ja’far bin Ahmed bin Aasim (the narrator of this narration), no such reference was found where it says that his Samaa (hearing) from him is from before his Ikhtilaat, therefore this narration is Da’eef because of the Ikhtilaat of Hishaam bin Ammar.

7. Abu Bakr Ahmed bin Al-Hussain Al-Baihaqi said =
وأبو يوسف ثقه إذا كان يروي عن ثقه
[Al-Sunan Al-Kubra 347/1 and Ma’rifat us-Sunan wal Athaar 381/1]

8. Abu Abdullah al-Haakim =
He authenticated him in al-Mustadrak.
[377/1 H. 1395]

9. Adh-Dhahabi said =
Hassan ul-Hadeeth.
[Talkhees al-Mustadrak 377/1]

10. Muhammad bin Jareer al-Tabaree said =
Abu Yoosuf is……a Faqqeh, a Scholar, a Haafidh
[Al-Intaqa by Ibn Abdul Barr Pg 172]

[The teacher of Ibn Abdul Barr, Ahmed bin Muhammad bin Ahmed in its chain is unclarified (Ghair Mutayyan) Wallahu a’lam]

Note: The saying of Imam Daraqutni will be mentioned ahead among the sayings of Jarah (Criticizm), Inshallah. As far as my knowledge goes, apart from all these sayings of Ta’deel (praise), there is no other saying of Ta’deel either from Sahih or Hassan chain, from which the Ta’deel or praise of Abu Yoosuf is proven. Wallahu a’lam.

Now, the Jaariheen (Criticizers) and their Jarah (Criticizm) is given as follows:

1. Yahya ibn Ma’een said =
Don’t write his (Abu Yoosuf’s) narrations.
[Al-Kaamil by Ibn Adee 466/8; Chain: Saheeh and Taareekh Baghdaad 258/14]

From this saying we get to know that, the narration of Ta’deel from Ibn Ma’een is Mansookh. Wallahu a’lam

2. Abdullah bin al-Mubarak al-Marwazi said =
“I consider it Makrooh to sit in a company where Ya’qoob (Abu Yoosuf) is mentioned.”
[Kitaab al-Ma’rifah wal Taareekh by Imam Ya’qoob bin Sufyan al-Faarsi Vol 2 Pg 789; Chain: Saheeh]

Once a man asked a Mas’la (question) from Imam Abdullah bin al-Mubarak, and he answered him; that man said: Aboo Yoosuf opposes you in this Mas’la (Fatwa), so Ibn al-Mubarak said:
“If you have prayed behind Aboo Yoosuf, then look at your prayer, meaning reconsider your prayer”
[Kitaab ad-Du’afaa by Al-Ukaylee 441/4; Chain: Saheeh, Al-Haitham bin Khalf is Siqqah, and the Jarah of Al-Ismaa’eeli on him is Mardood]

Abdah bin Sulemaan Al-Marwazi said that:
I have always seen that whenever Ibn al-Mubarak used to mention Aboo Yoosuf, he would do very strong Jarah on him, and one day he said about him (Abu Yoosuf) that: Someone among the people made love with the sexually intercoursed maiden of his father (Meaning: Step Mother), then he asked this Mas’la from Aboo Yoosuf, so he said: Don’t think this Maiden as hearty (meaning you can marry her), thus that man started fixing portions for Aboo Yoosuf, and Ibn al-Mubarak started doing strong Jarah on him (Aboo Yoosuf).
[Ad-Du’afa by Al-Ukaylee 444/4; Chain: Hasan]

3. Abdullah bin Idrees al-Koofi said =
“And Aboo Yoosuf was a Faasiq (Sinner) among the Faasiqeen (Sinners)”
[Ad-Du’afa by Al-Ukaylee 440/4; Chain: Saheeh]

Abdullah bin Idrees (also) said =
I saw Aboo Yoosuf in the dream after his death; he was praying Salaah on the direction other than the Ka’bah, and (Yahya bin Muhammad bin Saabiq said) I heard a man asking a mas’la from Wakee’, that man said: “But Aboo Yoosuf says different thing!” Wakee’, while moving his head (in anger) said: “Don’t you fear Allah? Will you take Hujja from Aboo Yoosuf in front of Allah?”
[Al-Du’afa by Al-Ukaylee 442/4; Chian: Saheeh, Yahya bin Muhammad bin Saabiq has narrated from a group, Dhahabi said about him in A-Kaashif that: He is Thiqqah]

4. Yazeed bin Haroon said =
“It is not permissible to narrate from him, He used to invest the money of Orphans in Trade, and he used to keep the profit for himself.”
[Al-Du’afa by al-Ukaylee 440/4; Chain: Saheeh, Taareekh Baghdaad 258/14; Chain: Saheeh]

5. Imam Maalik bin Anas al-Madani =
“Once Imam Maalik bin Anas went to Ameer ul-Mu’mineen, Haroon ur-Rasheed, and Aboo Yoosuf was also there. He (The Khaleefah) said two times: ‘O Abu Abdullah (Maalik bin Anas)! This is (Qaadhi) Aboo Yoosuf’, I (Maalik bin Anas) said: ‘Yes O Ameerul Mu’mineen’, and I didn’t even see towards (Qaadhi) Aboo Yoosuf. He (Aboo Yoosuf) said two or three times to me that: ‘O Abu Abdullah! What do you say about this Mas’la?’, so I said to him: ‘O Fulaan! If you have seen that I sat in the company of Baatil people then come and ask me (this Mas’la) there’ ”.
[Al-Du’afa by Al-Ukaylee 441/4; Chain: Saheeh. Abdullah bin Ahmed bin Shabwiyah, is Mustaqeem ul-Hadeeth. Ibn Hibban mentioned him in Kitaab ath-Thiqaat (366/8), and his tarjamah is mentioned in Taareekh Baghdaad (371/9) and others]

From this we get to know that, According to Imam Maalik, Aboo Yoosuf is among the people of Baatil. Wallahu a’lam

6. Sufyaan ath-Thawree Al-Koofi =
Ubaidullah bin Moosa said that: Aboo Yoosuf and (…) were mentioned in front of Imam Sufyaan ath-thawree, so he said: “And who are these people? And what are these people?”
[Kitaab al-Ma’rifah wal Taareekh 791/2; Chain: Saheeh]

7. Sufyaan bin Uyainah al-Makki =
“Sufyaan ibn Uyainah said about one Hadith that: ‘Aboo Yoosuf had been asking me about this hadeeth for a period of time, but I did not consider him deserving to narrate a haddeth to’. One day, we were with (Ameerul Mu’mineen) Haroon (Ar-Rasheed), Aboo Yoosuf told him: ‘He (Sufyaan) has a good hadeeth with him, tell him to narrate it to you’, thus the Khaleefah asked me, so I told him that Hadeeth, thus Aboo Yoosuf (then) stole that hadeeth from me.”
[Al-Du’afa by Al-Ukaylee 443/4; Chain: Saheeh]

8. Abu Abdullah Muhammad bin Ismaa’eel Al-Bukhaaree said =
“Tarkooh” Meaning, Muhadditheen have abandoned him.
[Al-Taareekh Al-Kabeer 397/8]

“Yahya, Abur Rahmaan, Wakee, and others have abandoned him.”
[Al-Du’afa al-Sagheer: 425, and Tuhfa al-Aqwiya Pg 122]

9. Wakee’ bin Al-Jarraah =
See: Jarah Abdullah bin Idrees # 3.

10. Aboo Zur’aah Ar-Raazee =
He mentioned him in his book.
[Kitaab ad-Du’afa: 376 Pg 672, Vol 2]
And said:
يعقوب بن إبراهيم أبو يوسف الذي كان على القضاء يعني صاحب أبي حنيفة

Note: Aboo Zur’aah said:
وكان أبو يوسف جهمياً بين التجهم
[Al-Nisf al-Aakhir min Kitaab ad-Du’afa wal Kadhdhabeen wal matrokeen min ar-rawaat al-Hadeeth 570/2]

While it is written in Taareekh Baghdaad that Aboo Zur’aah said:
وكان أبو يوسف سليماً من التجهم
[179/2 T.593; Chain: Saheeh]

Both these sayings, due to being contradictory, become neutral. Wallahu a’lam

11. Aboo Haatim Ar-Raazee said =
يكتب حديثه وهو أحب إلى من الحسن اللؤلؤي
[Al-Jarah wal Ta’deel 202/9]

According to Ibn Abi Haatim, the narrator which is only “يكتب حديثه”, that means according to him such a narrator is not taken as evidence (Hujjah) in the matters of Halaal and Haraam. [See: Muqaddimah Al-Jarah wal Ta’deel (7/1), meaning his hadith is not Hujjah.

On the contrary Haafidh Dhahabi said:
“And Aboo Haatim said: ‘His ahadeeth are written’ this saying of Aboo Haatim is neither the saying of Tawtheeq nor of Abtaal (rejection, or extreme Jarah)” [See: Mizaan al-I’tidaal 345/4 Tarjama: Al-Waleed bin Katheer Al-Muzani]

12. Ahmed bin Hanbal said =
صدوق ولكن من أصحاب إبي حنيفة لا ينبغى أن يروي عنه شئ
[Al-Jarah wal Ta’deel 201/9, Chain: Saheeh]

وأنا لا أحدث عنه
[Taareekh Baghdaad 259/14; Chain: Saheeh]

Note: There is a saying of Imam Ahmed that:
وكان منصفاً فى الحديث
(And he was Munsif (in the middle) in Hadith)
[Taareekh Baghdaad 260/14; Chain: Saheeh]

Meaning he was on the mid way, in Hadith. In another narration it says:
وكان يعقوب أبو يوسف متصفاً فى الحديث
[Taareekh Baghdaad 260/14; Chain: Saheeh]

Haafidh Ibn Hajar has narrated with the words:
كان أبو يوسف مضعفاً فى الحديث
[Lisaan al-Mizaan 122/5, and Al-Hadith Hazro: Shumara 7 Pg15]

These contradictory and different sayings, in the light of “لا أحدث عنه” and “لا ينبغي أن يروي عنه شئ”, are Mansookh (Abrogated). Wallahu a’lam

13. Shareek bin Abdullah al-Qaadhi =
Yahya bin Aadam said that (once) Aboo Yoosuf gave witness in front of Shareek, and he rejected it. I said to him: ‘Why did you reject the witness of Aboo Yoosuf?’ He said: ‘Should I not reject the witness of one who does not consider Salaah (prayer) to be the part of Emaan?’
[Al-Du’afa by Al-Ukaylee: 441/4; Chain: Saheeh]

We got to know that according to Qaadhi Shareek al-Koofi, the Shahadah (Witness) of Aboo Yoosuf is to be rejected, meaning he was Saaqit ul-Adaalah.

Ali bin Hajar said that, one day we were with Shareek, so he said:
“If someone from among the companions of Qaadhi Aboo Yoosuf is present here, then get him out”
[Al-Du’afa by Al-Ukaylee 442/4; Chain: Saheeh]

Qaadhi Shareek is a Mukhtalif Feeh narrator (subject to difference of opinion). The Jamhoor of Muhadditheen have declared him Thiqqah (trustworthy), if he affirms his hearing and if that narration is from before his Ikhtilaat (deterioration), then he is Hasan ul-Hadeeth [See: “Fathul Mubeen fee Tahqeeq Tabaqaat al-Mudalliseen” 2/56, and he is from the third level (of Mudalliseen) according to the most authentic saying]

14. Abu Hafs Amr bin Ali al-Falaas said =
“Aboo Yoosuf is Sudooq (truthful), (but) makes a lot of Mistakes.”
[Taareekh Baghdaad 260/14; Chain: Saheeh]

15. Abu al-Hassan Ali bin Umar ad-Daraqutni said about Aboo Yoosuf that:
“A monucular among the blinds”
[Taareekh Baghdaad: 260/14; Chain: Saheeh]

“He is stronger than Muhammad bin Al-Hassan.”
[Sawalaat al-Barqaani: 567]

Note: From the saying: “A monucular among the blinds”, we get to know that according to him Muhammad bin Hassan was blind, [See: Al-Hadeeth: Shumara 7, Pg 16, 19]

16. Ibraheem bin Ya’qoob al-Juzjaani said =
“Asad bin Amr, Aboo Yoosuf, Muhammad bin Hassan, and Al-Lu’lui: Allah is finished with them”
[Ahwaal ar-Rijaal Pg 76, 77 T. 96-99]

17. Sa’eed bin Mansoor said =
“Once a man said to Aboo Yoosuf: ‘A man performed Salaah in Masjid ‘Arafah (The place of Arnaah) with the Imam, then until the return of that Imam (towards Muzdalifah), he remained standing there, what is the ruling on him?’ Aboo Yoosuf said: ‘There is nothing wrong in it.’ So that man said (in amazed): Subhanallah! Ibn Abbas has said that there is no Hajj for the one who returns from Arnaah, and Masjid Arafah is in the middle of Arnaah (Now after the recent expansion, some part of Arafah has also been added in this Masjid), Aboo Yoosuf said: ‘You know the signs (Ahkaam) and we know the Fiqh.’ That man said: ‘When you don’t even know the main part, then how can you be a Faqeeh?”
[Kitaab al-Ma’rifah wal Taareekh 790/2; Chain: Saheeh, and Taareekh Baghdaad 256/14; Chain: Saheeh]

18. Abu Ja’far Al-Ukaylee =
He has mentioned Qaadhi Aboo Yoosuf in Kitaab ad-Du’afaa, and has narrated Criticizms on him. (See: Vol 4, Pg 438-444)

19. Muhammad bin Sa’d said =
He was known for memorizing Hadeeth…… Then he became the student of Aboo Haneefah Nu’maan bin Thaabit and learned Fiqh, and (then) raa’i (opinion and Qiyaas) overcame him, and he started doing Zulm (injustice) with ahadeeth.
[Tabaqaat ibn Sa’d 330/7]

20. Adh-Dhahabee (!) =
He mentioned him in his book Diwaan ad-Du’afa wal Matrokeen
(466/2 T. 4766)

Note: Dhahabi has not defended Aboo Yoosuf in Diwaan ad-Du’afa at all, whereas he has declared him Hassan ul-Hadeeth in Talkhees ul-Mustadrak. Both these narrations, due to being contradictory become neutral.

21. The Jarah of Imam Aboo Haneefah on Qaadhi Aboo Yoosuf
Imam Aboo Haneefah Nu’maan bin Thaabit (rahimahullah) told Qaadhi Aboo Yoosuf:
“You write those things in our books which we do not say”.
[Kitaab al-Jarah wal Ta’deel 201/9; Chain: Saheeh]
In one narration it says that Imam Aboo Haneefah said:
“Don’t you be surprised on Ya’qoob (Aboo Yoosuf)?! He tells such things about me, which I have not spoken”
[Al-Taareekh al-Sagheer/ Al-Awsat by Al-Bukhari 209, 210/2; Chain: Hasan]
We got to know that Imam Aboo Haneefah (rahimahullah) used to consider Qaadhi Aboo Yoosuf, a Kadhaab (Liar).

Imam Muslim bin Al-Hajjaj al-Nisaburi, the author of As-Saheeh, said:
“Aboo Yoosuf Ya’qoob bin Ibraheem is from the people of opinion (Qiyaas), Al-Qaadhi heard from Ash-Shaybaani”
[Kitaab al-Kuni wal Asmaa Pg 122]

Summary of the Tahqeeq:
The summary of this Tahqeeq is that, Qaadhi Aboo Yoosuf is Da’eef in the narration of hadeeth, because the Jamhoor of Muhadditheen have declared him Da’eef and Majrooh (Criticized).

The Books of Qaadhi Aboo Yoosuf:

The following books are attributed to Qaadhi Aboo Yoosuf:
o Kitaab al-Athaar
o Kitaab ar-Radd ala Seer al-Awzaai
o Kitaab al-Kharraj

1. Kitaab al-Athaar:
This book is narrated by the chain: “from Yoosuf bin Abi Yoosuf, from his father” (See: Pg 1)

“Yoosuf bin Abi Yoosuf Al-Faqeeh” is mentioned in the following books without any Jarah and Ta’deel.
Taareekh Baghdaad (296/14 T. 7607), Tabaqaat Ibn Sa’d (337/7), Al-Jarah wal Ta’deel (234/9), Taareekh al-Islaam by Al-Dhahabi (488/13), Al-Jawahir al-Mudiyah by Abdul Qaadir al-Qarshi (234, 235/2)

Therefore, this narrator is Majhool ul-Haal. In the book, “Akhbaar al-Qadaat” attributed to Qaadhi Muhammad bin Khalf bin Hayaan, it is written that:

أخبرني ابراهيم بن عثمان قال، حدثني عبدالله بن عبدالكريم أبو عبالله الحواري قال، كان يوسف بن ابي يوسف عفيفاً مأموناً صدوقاً…..إلخ
[Vol 3 Pg 256, 257]

The narrators, “Ibraheem bin (Abi) Uthmaan” and “Abdullah bin Abdul Kareem”, both are unknown with regards to the Jarah and Ta’deel. Therefore, this Tawtheeq is rejected.

In the published Nuskha of Kitaab al-Athaar, the chain from below Yoosuf bin Abi Yoosuf is not given.

Result: Kitaab al-Athaar is not proven from Qaadhi Aboo Yoosuf with a Saheeh chain. There is another unproven chain attributed to Qaadhi Aboo Yoosuf, which is attributed by Khawarzimi (untrustworthy) [See: Jaami’ al-Masaneed (75/1)]. In this chain, the grandfather, Amr bin Abi Amr, attributed to Abu Aroobah is unknown, and the remaining chain is also weak.

2. Kitaab ar-Radd ala Seer Al-Awzaa’i

There is no chain mentioned for this book. It has been published from India by taking a ‘chain-less’, Majhool Nuskha. [See: Ar-Radd ala Seer Al-Awzaai Pg 2]

Result: This book is not proven from Qaadhi Aboo Yoosuf.

3. Kitaab al-Kharraj

There is no chain mentioned for this book also. However, this is a famous book attributed to Qaadhi Aboo Yoosuf. Wallahu a’lam

Some sayings of Qaadhi Aboo Yoosuf:

Now, at the end we will present some sayings of Qaadhi Aboo Yoosuf.

1. Qaadhi Aboo Yoosuf said:
The first one to say that Quraan is a Makhlooq (Creation), in Koofa, was Aboo Haneefah.
[Kitaab al-Majroheen by Ibn Hibbaan 64, 64/3; Chain: Hasan, As-Sunnah by Abdullah bin Ahmed: 236, and Taareekh Baghdaad 385/13]

2. Qaadhi Aboo Yoosuf said:
“Aboo Haneefah (to kill each other among the Muslims) was in the favour of using sword (meaning: He used to consider it permissible to rebel against the rulers). Hassan bin Moosa al-Ashaib said that I asked Aboo Yoosuf: ‘Do you hold it permissible too?’ He said: ‘Ma’adh Allah’ ”
[Kitaab as-Sunnah by Abdullah bin Ahmed: 234, Chain: Saheeh]

3. Qaadhi Aboo Yoosuf said:
“There are two groups in Kharasaan, besides whom there is no other more evil group on the face of the earth: Jahmiyah (The followers of Jahem bin Safwaan), and Maqatilyah (The followers of Maqatil bin Sulemaan)”
[Kitaab as-Sunnah by Abdullah bin Ahmed: 14; Chain: Saheeh]

4. Qaadhi Aboo Yoosuf said:
The one who wants to seek knowledge (of the deen) through Ilm al-Kalaam, becomes Zindeeq (Kaafir); and the one who wants to earn money through Ilm al-Chemiya (The knowledge of making gold), becomes Faqeer (poor), and the one who seeks for Ghareeb narrations, he lies.
[Akhbaar al-Qadaat Vol 3 Pg 258; Chain: Saheeh]

5. Qaadhi Aboo Yoosuf said:
“O the people of nation! Seek the pleasure of Allaah through your Actions, thus whenever I have sat in a company with the intention of humbling (myself), I have overcome the public; and whenever I have sat in a company with the intention of getting a high status, then I have been insulted.”
[Akhbaar al-Qadaat 258/3; Chain: Saheeh]

In conclusion; we want to say that having justice under consideration, the summary of this Tahqeeq is that Qaadhi Aboo Yoosuf is Da’eef in the narration of hadeeth according to the Jamhoor of scholars, therefore his narrations and his witess are not to be trusted upon.

If any Deobandi, Brailwi, or Hanafi disagrees with our Tahqeeq, then he can write its response to us after taking our Minhaaj of Tahqeeq, under consideration, On the condition that, every evidence will be followed by reference, and with a Sahih or Hassan Lidhatih Chain. It should be noted that, until now we have not received any answer to our (recent) Tahqeeq of Muhammad bin Hassan bin Farqad al-Shaybani.

Wama alaina illal balagha
Translated by: Raza Hassan

The Authority of the Sunnah by Imaam ibn Hazm

Posted: December 10, 2011 by millatibraheem in al-Imaan

“Since we have clarified that the Qur’an is the source of reference for laws, we looked into it, and found therein the obligation of obedience to what the Messenger of Allah (peace and blessings be upon him) has ordered us, and we found [Allah] the Mighty, the Majestic therein describing His messenger (peace and blessings be upon him), [translated],

“He does not speak of his own desire. It is only an inspiration with which he is inspired” [53:3-4]

Thus, it is proved for us thereby that inspiration from Allah, the Mighty the Majestic, to His Messenger, can be divided into two categories:

one of them [being] recited inspiration compiled in a miraculous form, which is the Qur’an, and the second [being] narrated inspiration, neither compiled [into a single book] nor of miraculous composition, and that is the narrations which have come from the Messenger of Allah (peace and blessings be upon him), his being the explainer on behalf of Allah, the Mighty the Majestic. Allah, the Exalted, says, [translated],

“…in order that you may explain to people what has been sent down to them” [16:44]

We found [Allah] the Exalted obligating obedience to this second category as He obliged obedience to the first category, without any difference, for [Allah] the Exalted, has said, [translated],

“Obey Allah and obey the Messenger”[5:92 and others]

And, it is authenticated for us, by the text of the Qur’an, that the reports [from the Messenger] are one of the two sources to which reference must be made in case of dispute. [Allah], the Exalted, says, [translated],

“So, if you dispute concerning anything, then return it to Allah and the Messenger, if you should believe in Allah and the Last Day” [4:59]

Since Allah has clarified for us that the speech of his Prophet is nothing but total inspiration from Him, and that the Qur’an is inspiration from Him, and also He, the Mighty the Majestic, has said therein, [translated], “

“Had it been from other than Allah they would surely have found therein much contradiction”[4:82]

Hence, it is necessarily proved, by this verse, that the Qur’an and authentic hadith are in agreement; they are one [unit], with no contradiction between them nor disagreement… [Also] proved by this verse is the invalidity of the words of those who make parts of the Qur’an contradict others, or make some authentic ahadith contradict others, or make the Qur’an and authentic hadith contradict one another. If Allah should bestow upon us ample time, and assist us with assistance from Him, then we shall gather…a compilation of all that ignorant people have thought to be contradiction…and explain…that all of that is one, with no contradiction therein.

“Have you not seen those who were given a portion of the Scripture, summoned to the Book of Allah, and then a group amongst them turns away, averse”[3:23]

“And when they are told, ‘Come to what Allah has sent down, and to the Messenger,’ you see the hypocrites turning away from you in aversion”[4:61]

“Whoever obeys the Messenger has obeyed Allah”[4:80]

“We have not sent down the Book upon you except in order that you may explain to them that wherein they have differed”[16:64]

“It is not for a believing man or woman, when Allah and His Messenger have decreed a matter, that they should have choice in the matter. And whoever disobeys Allah and His Messenger has surely gone clearly astray”[33:36]

“We have not sent any messenger except to be obeyed, by the permission of Allah” [4:64]

“Whatever the Messenger gives you, take it, and whatever he prohibits you from, desist [from it]” [59:7]

“So, let them beware who differ from his command, lest a tribulation smite them, or lest a painful punishment smite them” [24:63]

No two Muslims disagree that what has been authentically conveyed from the Messenger of Allah (peace and blessings be upon him), that he said it, is obligatory to follow it, and that it is an exegesis (tafseer) of the intent of Allah, the Exalted, in the Qur’an, and a specification of that of it which is unspecified. Then, Muslims differed about the manner of determining the authenticity of a narration from him (peace be upon him), after the certain, unequivocal consensus on what we have mentioned….Thereupon, we looked into this, and found that narrations can be classfied into two categories:

[1] a mass-narrated (mutawatir) narration, which is that transmitted by a multitude after multitude [in each generation, going back] until it reaches the Prophet (peace and blessings be upon him) in this manner. This [type of] narration, no two Muslims disagree on the obligation of accepting, and that it is true, giving certainty of the unseen [which it conveys], for by the like of this [transmission] have we come to know that the Qur’an is that which was brought by the Prophet (peace and blessings be upon him), and by it have we come to know the authenticity of the mission of the Prophet (peace and blessings be upon him), and by it have we come to know the number of rak`ah in each salah, and the number of salats, as well as many things concerning the regulations of zakah and other things whose explanation has not been clarified in the Qur’an. We have talked about this [category of narration] in our book ‘al-Fisal,’ and explained that the proof is established concerning its authenticity, and have explained the manner of [this proof], and that necessity and nature oblige its acceptance, and that is by [this type of narration] that we have come to know of countries we have not seen, and of prophets, scholars, philosophers, kings, events and writings which existed before us. Whoever denies this is like someone who denies that which is perceived by the primary senses – there is no difference – and he is obliged [then] to not affirm that there was a time before him, nor that his father and mother existed before him, nor that he was born from a woman…”

[2] The second category is what has been reported by single narrators from single narrators. Now, this [category], if it is contiguously narrated by reliable narrators upto the Messenger of Allah (peace and blessings be upon him), is obligatory to act upon, and knowledge also becomes incumbent by it. This is the view of al-Harith ibn Asad al-Muhasibi, and Husayn ibn `Ali al-Karabisi. It was professed also by Abu Sulayman, and Ibn Khuwayz-Mandad mentioned it from Malik ibn Anas.

…. [he then goes on to discuss the reasoning behind this view, later saying of it:]

….this is [the view that] we also profess…”