al-Hajj Mimma Laysa fi al-Mudawwana lil-Utbi
- Author died
- 255 AH
- Editions
- Dār Ibn Ḥazm
Kitāb al-Ḥajj Mimmā Laysa fī al-Mudawwana (The Book of Hajj from [the Transmissions] Not Found in al-Mudawwana) is a section on the rites of pilgrimage (Hajj) from the early Maliki legal compilation al-Masāʾil al-mustakhraja min al-asmiʿa mimmā laysa fī al-Mudawwana (The Extracted Issues from Scholarly Transmissions Not Found in al-Mudawwana, commonly known as al-Mustakhraja or al-ʿUtbiyya) by the Cordoban jurist al-Utbi (d. 255 AH / 869 CE) .
Authorship and Transmission
The parent compendium was compiled by the Andalusian Maliki jurist Abu Abd Allah Muhammad ibn Ahmad ibn Abd al-Aziz al-Utbi (d. 255 AH / 869 CE; another report gives 254 AH) . The text of Kitāb al-Ḥajj was transmitted on his authority by Yahya ibn Abd al-Aziz, and it was subsequently ordered and divided into thematic sections and chapters (tabwīb wa-tarsīm) by the Qayrawani jurist Abu Muhammad Abd Allah ibn Abi Zayd al-Qayrawani (d. 386 AH) .
Method and Scope
Al-Mustakhraja ranks as one of the major foundational compendia (ummahāt) of the Maliki school, compiled to gather legal opinions and transmissions (asmiʿa) heard from early authorities that were not recorded in Sahnun's al-Mudawwana . It incorporates transmissions from eleven major early jurists, drawing directly on transmissions from Malik ibn Anas via Ibn al-Qasim, Ashhab ibn Abd al-Aziz, and Abd Allah ibn Nafi al-Madani, as well as materials through later authorities such as Ibn Wahb, Yahya ibn Yahya al-Laythi, Sahnun, and Asbagh ibn al-Faraj .
In organizing the materials, al-Utbi placed each scholar's transmission in separate fascicles (dafātir) and rubricated each subsection by the opening legal inquiry of that fascicle (such as rasm headings) . The book of Hajj collects detailed rulings on the obligations, conditions, and rites of the pilgrimage, covering topics such as capacity (istiṭāʿa), parental permission, circumambulation in unpurified garments, menstruating women performing the saʿy, and the shaving or trimming of hair at the conclusion of pilgrimage rites .
Reception and Commentaries
The collection became widely relied upon across al-Andalus and Ifriqiya, with Ibn Hazm noting its elevated standing and rapid circulation across North Africa .
Early scholars recorded contrasting appraisals of al-Utbi's compilation. His student Muhammad ibn Umar ibn Lubaba commented that al-Utbi included discarded transmissions and anomalous legal questions (masāʾil shādhdha), explaining that he taught the text only to students capable of discerning its correct rulings from its errors . Ibn Waddah stated that the book contained numerous errors, while Muhammad ibn Abd al-Hakam criticized its inclusion of unsupported reports from scholarly gatherings .
The entire collection was later subjected to critical analysis and commentary by Ibn Rushd al-Jadd in his work al-Bayan wa-al-tahsil, which evaluated and verified its individual legal problems .
Edition
The text of Kitāb al-Ḥajj from the Mustakhraja was edited and annotated by Miklós Murányi and published by Dar Ibn Hazm in 1428 AH / 2007 CE in a single volume alongside surviving folios of Kitāb al-Ḥajj by Abd al-Aziz ibn Abi Salama al-Majishun (d. 164 AH) .
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