Ghamz Uyun al-Basair fi Sharh al-Ashbah wa al-Nazair
- Author died
- 1098 AH
- Editions
- Dar al-Kutub al-Ilmiyyah
Ghamz Uyun al-Basair fi Sharh al-Ashbah wa al-Nazair (Winking the Eyes of Insight: An Explanation of the Resemblances and Counterparts) is a comprehensive Hanafi commentary on legal maxims written by Abu al-Abbas Shihab al-Din Ahmad ibn Muhammad Makki al-Husayni al-Hamawi (d. 1098 AH / 1687 CE) . It serves as an extensive line-by-line exposition of al-Ashbah wa al-Nazair by Ibn Nujaym al-Misri (d. 970 AH), and is characterized as the most expansive work produced within the Hanafi school in the field of legal maxims (qawa'id fiqhiyya) .
Author and Context
The author, Ahmad ibn Muhammad al-Hamawi, was originally from Hama in Syria, settled in Cairo, and served as the Hanafi mufti of his time . In the text, al-Hamawi highly praised Ibn Nujaym's original work, stating that nothing in the literature of the Hanafi school equals or comes close to it . The book is also recorded under the variant title Ghamz Uyun al-Basair 'ala Mahasin Kitab al-Ashbah wa al-Nazair .
Structure and Contents
The commentary covers the seven distinct arts or sections (funun) into which Ibn Nujaym organized al-Ashbah wa al-Nazair:
- Universal Maxims (al-Qawa'id al-kulliyya): Covering overarching legal maxims and their derived sub-branches .
- Benefits and Case Rules (al-Fawa'id): Covering specific rulings and principles arranged according to the standard chapters of substantive law (fiqh) .
- Combining and Distinguishing (al-Jam' wa al-farq): Examining cases of legal similarity and divergence, such as the rulings pertaining to the forgetful, the ignorant, the coerced, minors, slaves, the intoxicated, the blind, and the unborn fetus .
- Legal Riddles (al-Alghaz): Resolving and explaining intricate juridical conundrums .
- Legal Stratagems (al-Hiyal): Discussing permissible exits and mechanisms to avoid the unlawful in legal procedures .
- Legal Distinctions (al-Furuq): Clarifying subtle distinctions between seemingly identical legal cases across various chapters .
- Narratives and Correspondences (al-Hikayat wa al-murasalat): An abridged compilation of legal anecdotes, historical debates, and rulings drawn from earlier fatwa collections and biographical works .
Method and Reception
Al-Hamawi's commentary explains the base text by unpacking technical definitions, defining linguistic roots from dictionaries such as al-Sahah, evaluating variant manuscript readings, and cross-referencing rulings against authoritative Hanafi compendia such as al-Muhit al-Radawi and al-Bahr al-Raiq . Al-Hamawi frequently incorporates his own legal assessments (qultu) on practical legal dilemmas and contemporary issues, such as clarifying that no legal guardianship exists over an unborn fetus .
The work became one of the standard reference commentaries within the late Hanafi tradition and was cited extensively by later authorities, including Ibn Abidin in his legal works . The text has been published in multiple modern editions, notably a first edition by Dar al-Kutub al-Ilmiyya in Beirut (1405 AH / 1985 CE) .
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