Takmilat al-Subki ala al-Majmu Sharh al-Muhadhdhab
- Author died
- 756 AH
- Editions
- Tadamun edition
Takmilat al-Subki ala al-Majmu Sharh al-Muhadhdhab (The Completion by al-Subki of The Compendium: Commentary on The Lucid) is a 14th-century legal commentary by the Shafi'i jurist and chief judge Taqi al-Din al-Subki (683–756 AH / 1284–1355 CE) . It serves as a continuation of al-Nawawi’s (d. 676 AH) extensive Shafi'i and comparative jurisprudence work, al-Majmu Sharh al-Muhadhdhab .
Background and Composition
Al-Nawawi had commenced al-Majmu' as an expansive commentary on Abu Ishaq al-Shirazi’s al-Muhadhdhab, covering legal rulings, evidential hadith analysis, divergent scholarly opinions, and linguistic points, but he died before completing it, leaving the work at the chapter on usury (Bab al-Riba) in nine volumes .
Persuaded by colleagues and companions who persistently urged him to fill the void left by al-Nawawi, Taqi al-Din al-Subki undertook the task of writing its continuation . In the prologue to his completion, al-Subki recorded his initial hesitation, noting that matching al-Nawawi’s accomplishment required three preconditions: peace of mind and abundant time undisturbed by family or livelihood; access to an extensive corpus of reference works; and extraordinary sincerity, asceticism, and piety .
Scope and Content
Al-Subki took up the commentary directly from Bab al-Riba . According to his son Taj al-Din al-Subki, he composed five manuscript volumes that advanced through commercial transactions up to the middle of the chapter on bankruptcy (Bab al-Taflis) .
The section covers key chapters of Shafi'i commercial law, including:
- Usury (al-Riba)
- Return of defective merchandise (al-Radd bi-l-'Ayb)
- Cost-plus sale (Bay' al-Murabaha)
- Bidding manipulation (al-Najsh)
- Disputes between contracting parties (Ikhtilaf al-Mutabaya'ayn)
- Forward sale (al-Salam) and loans (al-Qard)
- Pledging and collateral (al-Rahn)
- Bankruptcy (al-Taflis), where his work halted
Transmission and Subsequent Continuations
Early printed editions of al-Majmu' published al-Subki’s continuation only up to the end of Bab al-Radd bi-l-'Ayb, leading some later scholars, such as Muhammad Najib al-Muti'i, to believe that al-Subki had stopped there . However, manuscripts preserved in collections such as the Feyzullah Library in Turkey confirmed Taj al-Din al-Subki’s report that the commentary extended further to include Ikhtilaf al-Mutabaya'ayn, al-Salam, al-Qard, the entirety of Kitab al-Rahn, and part of al-Taflis .
Because al-Subki passed away before completing the entire text of al-Muhadhdhab, subsequent scholars attempted further completions, including Shafi'i jurists from Hadramawt and Iraq, and modern scholars such as Muhammad Najib al-Muti'i .
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