al-Nukat Sharh Ziyadat al-Ziyadat lil-Sarakhsi - wa Sharh al-Attabi

Author died
483 AH
Editions
'Alam al-Kutub

al-Nukat Sharh Ziyadat al-Ziyadat (The Subtle Points: Commentary on the Additions to the Additions) is a Hanafi legal commentary dictated by Shams al-Aimma al-Sarakhsi (d. 483 AH / 1090 CE; another report gives c. 490 AH) on the legal treatise Ziyadat al-Ziyadat by Muhammad ibn al-Hasan al-Shaybani (d. 189 AH / 805 CE), frequently published alongside the commentary of Ahmad ibn Muhammad al-Attabi (d. 586 AH / 1190 CE).

Origin and Scope

The underlying text, Ziyadat al-Ziyadat, was composed by al-Shaybani as a brief supplement following his dictation of al-Ziyadat—which itself served as an appendix to his al-Jami al-Kabir—in order to supply complex legal rulings that he had previously omitted. The base work is arranged into seven concise legal chapters:

  1. Sunna divorce executed through agency or compensation (Talaq al-sunna).
  2. Divorce and manumission during health and mortal illness.
  3. The division of volumetric goods of two types purchased against one another.
  4. Estates in which a bequest invalidates the inheritance.
  5. A man purchasing his son with another enslaved son.
  6. Paternity of a child claimed by two non-Muslim men, one of whom is a Taghlibi.
  7. Supererogatory prayer performed with an imam where congregational prayer is valid or invalid.

Composition and Commentaries

Al-Sarakhsi dictated his commentary, titled al-Nukat, while incarcerated in the prison of Uzjand. The text opens with the doxology: الحمد لولي الحمد ومستحقه ("Praise be to the Possessor and Deserver of praise"). Al-Sarakhsi cross-referenced this work in several passages of his larger compendium al-Mabsut.

A second notable commentary on al-Shaybani's text was authored by Abu Nasr Ahmad ibn Muhammad ibn Umar al-Attabi al-Bukhari. Al-Attabi's commentary begins with: الحمد لله الذي يكفي كل شيء ("Praise be to God, who suffices all things").

Transmission and Editions

Manuscripts of al-Sarakhsi's al-Nukat are preserved in various collections, including the Ashir Efendi, Jar Allah, Aya Sofya, Wali al-Din, and Fatih libraries in Istanbul, as well as an abridgment held at the Asiatic Museum in Saint Petersburg.

Both commentaries—al-Sarakhsi's al-Nukat and al-Attabi's commentary—were edited from their manuscript witnesses by Abu al-Wafa al-Afghani and published together in a combined edition in Hyderabad, India, in 1378 AH / 1958 CE by Lajnat Ihya al-Ma'arif al-Nu'maniyya.

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