Ikhtiyarat al-Qadi Abi Yala al-Hanbali al-Fiqhiyya min Awwal Kitab al-Tahara ila Akhir Bab al-Tayammum

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Ikhtiyarat al-Qadi Abi Yala al-Hanbali al-Fiqhiyya min Awwal Kitab al-Tahara ila Akhir Bab al-Tayammum

Ikhtiyarat al-Qadi Abi Yala al-Hanbali al-Fiqhiyya min Awwal Kitab al-Tahara ila Akhir Bab al-Tayammum (The Jurisprudential Selections of al-Qadi Abu Ya'la al-Hanbali from the Beginning of the Book of Purification to the End of the Chapter on Dry Ablution) is a comparative jurisprudence study by the Saudi researcher Adnan ibn 'Iwad ibn Rashid al-Rashidi . Prepared as a master's thesis at Qassim University under the supervision of Professor Abd al-Aziz ibn Muhammad al-Hujaylan during the academic year 1430–1431 AH (2009–2010 CE), the work compiles and analyzes the individual legal preferences (ikhtiyarat) of the seminal Hanbali scholar al-Qadi Abu Ya'la al-Farra' (d. 458 AH) across the opening sections of Islamic ritual purity .

Purpose and Scope

The project arose as part of an academic initiative in the Department of Fiqh at Qassim University to gather and study the legal choices and weightings (tarjihat) of al-Qadi Abu Ya'la, which were widely cited but scattered across classical Hanbali reference works such as al-Mughni, al-Furu', al-Insaf, al-Sharh al-Kabir, and Sharh al-Zarkashi . The author highlighted the importance of Abu Ya'la's legal determinations, noting that examining his selections illuminates the varying narrations transmitted from Ahmad ibn Hanbal and enriches comparative jurisprudence . The scope of this specific volume spans from the initial rules of water and purification to the conclusion of the chapter on dry ablution (tayammum) .

Structure

The work comprises an introduction, a biographical prelude, four substantive chapters covering sixty-nine specific legal issues, and a conclusion :

  • Prelude (Tamhid): Covers al-Qadi Abu Ya'la's lineage, upbringing, scholarly travels, teachers, students, social standing, death, extant manuscripts, published works, and methodology in making legal selections .
  • Chapter One: Explores Abu Ya'la's selections on waters (al-miyah, twelve issues), vessels (al-aniya, four issues), and cleansing after relieving oneself (al-istinja', seven issues) .
  • Chapter Two: Details selections regarding the tooth-stick and recommended acts of ablution (al-siwak wa sunan al-wudu', five issues), obligatory components and description of ablution (furud al-wudu' wa sifatuh, nine issues), wiping over leather socks (al-mash 'ala al-khuffayn, eight issues), and nullifiers of ablution (nawaqid al-wudu', six issues) .
  • Chapter Three: Examines selections on the ritual bath (al-ghusl, three issues) .
  • Chapter Four: Covers selections on dry ablution (al-tayammum, fifteen issues) .

Method and Findings

The author gathered Abu Ya'la's positions whether they conformed to or diverged from the standard Hanbali school, relying on what Abu Ya'la authenticated in his own work al-Riwayatan wa-l-Wajhan alongside citations by later Hanbali authorities . The issues were organized according to the structural order of Zad al-Mustaqni' . For each topic, the author articulated the issue precisely, recorded Abu Ya'la's exact text with documentation, clarified the point of contention, detailed the cause of disagreement, cited legal proofs, and presented comparative views from other schools of jurisprudence .

In the conclusion, the author noted the high frequency of Abu Ya'la's selections that run contrary to the settled relied-upon doctrine of the Hanbali school, and recommended collecting companion academic theses on Abu Ya'la's selections into a unified encyclopedia .

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