al-Kafil bil-Wusul ila Thamarat al-Usul
- Author died
- 683 AH
- Editions
- Dār Asfār
al-Kafil bil-Wusul ila Thamarat al-Usul (The Guarantor for Attaining the Fruits of Legal Theory) is an abridgment of Abu al-Ma'ali al-Juwayni's seminal work on legal theory (usul al-fiqh), al-Burhan, authored by the Maliki jurist Ibn al-Munayyir (d. 683 AH / 1284 CE) .
Composition and Purpose
Al-Juwayni's al-Burhan fi usul al-fiqh was widely known for its complex prose and difficult terminology—often described as the "riddle of the community" (lughz al-ummah)—which prompted various commentaries and summaries, particularly among Maliki scholars . Ibn al-Munayyir, who also wrote an extensive but non-extant commentary on al-Burhan, composed this abridgment roughly three decades before his death . A reading certificate on the primary Tunisian manuscript indicates that the text was recited before the author in 656 AH, when he was thirty-six years old, confirming that the work was completed prior to that date .
In the introduction, Ibn al-Munayyir articulates his objective of recasting al-Burhan into concise, high-style language, noting that his summary and the original work were like "two racehorses; both pitched camp in the heart of eloquence... this one was concise, while that one was verbose" .
Structure and Method
The work generally follows the thematic arrangement of al-Burhan, though Ibn al-Munayyir occasionally combines two or three related issues under a single heading . In presenting scholarly debates, he either lists differing positions together before discussing them sequentially or evaluates each opinion individually before moving to the next . Scriptural evidence is quoted concisely, citing only the specific operative part (mahall al-shahid) of any Quranic verse or hadith .
Ibn al-Munayyir employs consistent stylistic and technical conventions throughout the text:
- The designation "the Shaykh" refers to Abu al-Hasan al-Ash'ari, "the Judge" to Abu Bakr al-Baqillani, "the Master" to Abu Ishaq al-Isfara'ini, and "the Imam" to al-Juwayni .
- Al-Juwayni's preferred views are usually introduced with terms such as al-mukhtar ("the selected view") or al-haqq ("the truth"); phrasing such as "the Imam chose..." often hints at Ibn al-Munayyir's own reservation regarding the position .
- The definite form al-tahqiq denotes the preferred position, whereas the indefinite tahqiq is used to draw attention to an important point .
While primarily relying on the text of al-Burhan, Ibn al-Munayyir also drew upon the commentary of Abu al-Hasan al-Ibyari (al-Tahqiq wa-l-bayan) . Unlike Abu Hamid al-Ghazali's abridgment of al-Burhan titled al-Mankhul, which offered a broader, more accessible reformulation, al-Kafil is roughly half the size of al-Mankhul and remains strictly faithful to the original's doctrinal scope and complex formulations . Even on topics where Maliki doctrine strongly diverged from al-Juwayni—such as the authority of the practice of the people of Medina—Ibn al-Munayyir refrained from adding extensive refutations, maintaining fidelity to his source . One notable exception occurs in the theological discussion of divine knowledge, where he summarized al-Juwayni's stance and briefly added: "Relating misguidance does not make one misguided; we seek refuge in God from that" .
Reception and Transmission
The book was utilized and praised by later scholars of legal theory and hadith. Badr al-Din al-Zarkashi cited Ibn al-Munayyir's abridgment among the primary sources for his comprehensive manual al-Bahr al-muhit . The Maliki scholar Muhammad ibn Ahmad al-Wannughi commended the work, stating: "Ibn al-Munayyir abridged it and excelled" . Passages from the book were likewise quoted by al-Sakhawi in his hadith-methodology commentary Fath al-mughith .
The text has survived in multiple manuscripts, notably a Spanish copy where it is titled Mukhtaṣar al-Burhān, and an authoritative Tunisian copy where the title appears on the flyleaf as al-Kafīl bi-l-wuṣūl ilā thamarat al-uṣūl . The work was published in modern print as part of the Mashru' Asfar series .
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