Indexed OCR Text

It should be mentioned here that a position taken by Abu Hanifa may have
provided al-Mansur with a means of harming him because Abu Hanifa would
annul the judgements of the qadi of Kufa when they were contrary to his
opinion and declare that they were wrong at the time they were issued and to
those who had received a positive or negative judgement. That provoked the
qadi against him and he thought ill of him and was moved to complain about
him to the amir.
According to The History of Baghdad, Ibn Abi Layla, who was qadi in Kufa,
examined the case of a madwoman who had said to a man, "Son of two
fornicators!" He carried out the h a d d on her while she was standing in the
mosque and she received two hadds since she had slandered both the father
and the mother. Abu Hanifa heard about that and stated, "He erred about her
in six ways. He carried out the h a d d in the mosque and h u d u d are not
carried out in mosques; he flogged her while standing and women are flogged
sitting; he imposed one hadd for the father and another for the mother but if a
man were to slander a group, he would receive only one hadd; he combined
two hadds and two hadds are not combined; a madwoman is not subject to a
hadd; and the hadd was for the parents who were absent and failed to attend
and claim."
After hearing about this, Ibn Abi Layla went to the amir and complained to
him. The amir put Abu Hanifa under an interdiction, saying, "Do not give
fatwa." He did not give fatwa for some days and then a messenger came from
the authorities who had been instructed to present some questions to Abu
Hanifa so that he could give f a t w a on them. Abu Hanifa refused, saying, "I
am barred." The messenger went to the amir who said, "I have given him
permission." So he sat to give fatwa.
In his criticism, Abu Hanifa did not differentiate between a judgement of the
qadi which was binding on the public, right or wrong, and the fatwa that a
faqih made which did was not binding on anyone. Sometimes he criticised a f
a t w a that he thought was wrong more severely than an actual judgement
because injustice might develop from it. Injustice pained him greatly and an
incorrect f a t w a could result in injustice to people in their lives and
property.
Whatever the position of Abu Hanifa about the judgements of the qadi, Ibn

Abi Layla did not accept the criticism of Abu Hanifa cheerfully. He was
hostile to him because of that criticism and perhaps enmity led him to try to
harm Abu Hanifa. Thus it is reported that Abu Hanifa said about him, "Ibn
Abi Layla seeks to make lawful in regard to me what I would not make
lawful for any living creature." If we blame Abu Hanifa for the severity of his
criticism of the judgements of Ibn Abi Layla and his lack of restraint in
making it public, we also blame the qadi of Kufa for allowing that criticism
to provoke enmity between them.
Al-Mansur was annoyed by Abu Hanifa. Indeed, he became fed up with him
when he learned of his leaning towards the 'Alawites which was confirmed
by various experiences he had had with him. But he could find no way of
dealing with him because he did not go beyond his teaching circle and he was
not suspect in his deen or his outward actions. He was a firm, reliable,
generous scholar to whom people travelled because of his knowledge,
excellence, guidance and fear of Allah. There was no way to act against him
as long as he took no action or rebelled. An opportunity eventually presented
itself when he offered him the position of qadi and he refused to accept it.
He asked him to be Qadi of Baghdad which would have made him the Chief
Qadi of the state. If he accepted, that would indicate his sincerity or his
absolute obedience to al-Mansur. If he refused, that would provide al-Mansur
with a means to get at him publicly without damaging his religious reputation
because people thought Abu Hanifa righteous and in this case his refusal was
a refusal to accept a necessary duty and he could be impelled to do that by
force. Any harm inflicted was to force him to accept something which would
benefit the general public, not to trick him or wrong him.
He had sometimes criticised the decisions of the qadis and so it was
appropriate for him to sit in the highest seat of judgement in order to guide
the judges to what was obligatory and impel them to what was correct. He
was the faqih whose fatwas decided the correctness or error of judgements. If
he refused that office, it meant that his prior criticism was merely destructive
since he now had the opportunity to be constructive and had refused. Since he
was the foremost faqih in the view of the people of Iraq, the khalif was
correct in wanting to make him the Chief Qadi. If he refused, he could be
forced to accept the post. So when he refused, al-Mansur punished him by
flogging and imprisonment or simply imprisonment, according to which

version of the story is correct. We will see what the sources state.
We read in The Virtues by al-Makki:
When Abu Hanifa was taken to Baghdad, he came out with a shining face
and said, "This man has summoned me to be qadi and I told him that I am not
fit. I know that the claimant must provide evidence while the oath absolves
the one who denies the charge. The only one fit to be qadi is the one whose
personality is such that he can command authority over you, your children,
and your leaders. I am not like that. You summon me and I experience no
relief until I part from you." He said, "You do not accept my gift." I said, "I
have returned whatever money the Amir alMu'minin sent. If that is the gift, I
accept it. The Amir alMu'minin has connected me to the treasury of the
Muslims. I have no right to their money. I am not one of those who fights for
them so that I should take what the fighter takes. I am not one of their
children so as to take what their children take. I am not one of their poor so as
to take what the poor take." He said, "You will be q a d i i n what they need
from you."
Al-Bazzari said in The Virtues,
Al-Mansur imprisoned Abu Hanifa to force him to become Chief Q a d i and
he received 110 lashes. He was released from prison on the basis that he
would stay at home and he was asked to give fatwa regarding the judgements
presented to him. Al-Mansur used to send questions to him but he did not
give fatwa. He ordered him to be reimprisoned. Abu Hanifa was imprisoned
again and was harsh and severe to him.
We read in the History of Baghdad,
Al-Mansur sent for Abu Hanifa, wanting to appoint him qadi, but he refused.
Al-Mansur swore that he would do it and Abu Hanifa swore that he would
not. Al-Mansur swore again that he would do it and Abu Hanifa swore that he
would not. Ar-Rabi,' the chamberlain, said, "Do you not see that the Amir al-
Mu'minin has sworn?" Abu Hanifa said, "The Amir al-Mu'minin can expiate
his oaths better than I can." He refused the appointment therefore al-Mansur
ordered his imprisonment.

Ar-Rabi' ibn Yunus said:
I saw the Amir al-Mu'minun clash with Abu Hanifa over the qadiship. Abu
Hanifa said, "Fear Allah and do not give your trust except to the one who
fears Allah. By Allah, I am safe from favouritism but how can I be safe from
anger? If you threaten to drown me in the Euphrates unless I accept the
appointment, I would prefer to be drowned. You have courtiers who need
those who honour them for your sake. I am not fit for that." Al-Mansur said
to him, "You lie, you are fit." Abu Hanifa retorted, "I have declared myself
unfit so how can it be lawful for you to appoint someone who is a liar as
qadi?"
There are a number of points to be noted in these stories. Firstly, when
Abu Hanifa refused the qadiship, he refused it not only because al-Mansur
appointed him, but because he saw it as a perilous post and thought that
perhaps he would not be strong enough to do it, that his conscience would not
be strong enough to bear its burdens and his will not strong enough to contain
his feelings. He saw the post of qadi as a trial which made all other trials
insignificant. His refusal does not necessarily have a political cause.
Secondly, al-Mansur was suspicious about the cause behind Abu
Hanifa's refusal and did not believe that it was based purely the avoidance of
bearing the responsibility of judgements. That is why he specifically asked
for the reason he had refused the stipend, even if there was no connection
between refusing to be qadi and refusing the stipend, as this question would
indicate. AlMansur believed that his grounds for suspicion were confirmed.
Moreover, the retinue around al-Mansur provoked him when he was
undisturbed and directed his attention to Abu Hanifa.
The third point is that Abu Hanifa was not diplomatic in his replies. He did
not use honeyed words and did not use devices to extricate himself. He was
forthright with the truth and unconcerned about the consequences. He
endured them. So he refused to be qadi and refused to give fatwa and clearly
stated that he refused the stipend because it was from the Muslim treasury
and that it was not lawful for him. Then the khalif took an oath and so did he
without concern. Rather he thought of the ultimate end and of his reward with
Allah.

Eventually the ordeal befell Abu Hanifa. The transmitters agree that he was
imprisoned and that he did not sit to give f a t w a o r teach after that, since he
died during or after this ordeal. Sources d i ffer as to whether he died in
prison after the flogging, which most say, or died in prison by being poisoned
according to those who say that al-Mansur was not content to flog him, but
poisoned the shaykh to hasten his end, or was released before he died and
then died at home while refusing to teach and meet people. These three
versions are mentioned in his biographies and elsewhere.
It is related that he stayed in prison after the flogging until he died, and Da'ud
ibn Rashid al-Wasiti said, "I was present when the Imam was tortured to
force him to accept the appointment as qadi. He was taken out each day and
given ten lashes until he had received 110 lashes. He was told, 'Accept the
qadiship!' and he would reply, 'I am not fit.' The beatings continued and he
said silently, 'O Allah, put their evil far from me by Your power. ' When
he continued to refuse, they poisoned him and so killed him."
Al-Bazzari says that after he was imprisoned for a time, alMansur spoke to
some of his close advisors and brought him out of prison. He refused to give
fatwa, hold audience with people or leave his house and remained so until his
death.
We incline to this final version because it tallies with the course of events and
what we know of al-Mansur which is that al-Mansur did not want to appear
to be an oppressor of knowledge and scholars. When events forced him to
punish Abu Hanifa, he produced a justification which had an adequate logical
basis: to force him to act as qadi. He did not punish him out of simple malice.
When this failed to produce a result, he did not insist on it so as to disclose
his true motive. The general populace had also to be taken into account so he
did not continue with the punishment. Sources agree that he ordered that he
should be buried beside Abu Hanifa's grave. It is reported that al-Mansur
prayed over his grave after his death and al-Mansur would not have done that
if he had died in his prison.
Abu Hanifa died the death of the true men and martyrs in 150 or 153 AH.
The first date is sounder. When he died, he left instructions that he should not
be buried in any land which the ruler had misappropriated. When he heard
this, al-Mansur said, "Who will save me from Abu Hanifa, both when he was

alive and now when he is dead?"
He died in Baghdad and was buried there. Reports agree about that. But did
his teaching circle also move there? No historian mentions that Abu Hanifa
moved his centre of teaching to Baghdad. All reports indicate that he
remained teaching in Kufa until he stopped teaching and giving fatwa. After
his ordeal, he did not resume teaching before his death. This does not mean
that he did not have any teaching circle outside of Kufa. It is related that
when he went on hajj, he gave fatwa, debated and studied, and at times he
had a teaching circle in the Masjid al-Haram. We cannot deny that during the
period in which he went to the Haram on account of the injustice of the
Umayyad governor that he had a teaching circle in which he set forth his
opinions and fiqh, even if the sources do not mention it, one way or the other.
He also had debates with the fuqaha' like those he had with alAwza'i and
there is a record of his studying some of the opinions of f i q h with Imam
Malik and there were also many debates in Basra. Nonetheless, his principal
school was in Kufa which is why he is known as 'the Faqih of Kufa'.
Chapter Two The Knowledge of Abu Hanifa and its
Sources
In the history of Islamic fi q h, there is no man both so highly praised and so
severely criticised as Abu Hanifa, may Allah be pleased with him. This
dichomtomy occurred because he was an independent faqih who had an
independent method of thought as a result of deep study. Such a person must
have admirers and detractors. Most of those who criticised him were
incapable of following the course of his thinking or of understanding his
perception. Many were narrow-minded and considered any method which
involved more than the simple statements of the S a l a f alone as being
rejected innovation.
Some of his critics were very ignorant and knew nothing of his fear of Allah,
integrity, great intellect and knowledge, and were unaware of his high
position with the common and elite alike. It was almost within his own
lifetime that lies were forged about him and that process continued apace
after his death. On the other hand, there were also those who went to excess

in his praise.
His contemporary, al-Fudayl ibn 'Iyad, a man renowned for scrupulousness,
said about him, "Abu Hanifa was a faqih, a man known for f i q h, reasonably
wealthy and known for graciousness towards all who visited him. He was
steadfast in teaching knowledge both night and day. He had a good reputation
and was often silent. He was a man of few words. When a question on the
lawful or unlawful would come to him, he was good at pointing out the truth
and he was loath to accept the ruler's money."
Ja'far ibn ar-Rabi' said, "I sat with Abu Hanifa for five years and never saw
anyone silent longer than him. When he was asked a question of f i q h, sweat
poured from him like a river before he spoke outloud."
His contemporary, Malih ibn Waki' said about him, "Abu Hanifa was very
trustworthy. By Allah, he had a noble heart and preferred the pleasure of his
Lord above everything. If swords had been used on him in the Cause of
Allah, he would have endured that. May Allah have mercy on him and be
pleased with him as He is pleased with the pious."
His contemporary, 'Abdullah ibn al-Mubarak, described him as 'the
quintessence of knowledge.'
Ibn Jurayj observed about him at the beginning of his life, "He will have
amazing importance in knowledge." After Abu Hanifa was an adult, he said,
"He is the faqih. He is the faqih."
When Malik was asked about 'Uthman al-Batti, he said, "He was an average
man." When he was asked about Ibn Shibrama, he said, "He was an average
man." When he was asked about Abu Hanifa, he said, "If he had gone to
these columns and formed an analogy which showed that they were made of
wood, you would have thought that they were wood."
We cannot go into all the statements in praise of Abu Hanifa. All of his
contemporaries, supporters or opponents, described him as a faqih. Perhaps
the best description is that of Ibn al-Mubarak who said that he was 'the
quintessence of knowledge'. He had the heart of knowledge and took it as far
as it would go. He deduced questions, reached their essence and learned their
basis and then built on them. He occupied himself with thought, knowledge
and debates. Thus he debated with the m u t a k a l l i m u n and refuted the
erroneous views of some of them and argued against various sects.

There were several treatises ascribed to him. He also has a mus n a d in h a d
i t h ascribed to him. If this ascription is true, he has a position in hadith. So
his position in figh and extrapolation, understanding of hadiths and derivation
of the causes of judgements and building on them is of the highest calibre.
One of his contemporaries said that he did not know anyone with a better
understanding of hadith than him. That was only because he derived the
reasons behind the judgements, so that it was almost as if he did not turn to
the outward words but understood the meanings and derived the intention
behind them and connected that to similar matters and built upon it.
From where did Abu Hanifa obtain all this knowledge? What were his
sources? What was his background? What enabled him to attain the high
place given to him in the history of Islamic knowledge? The necessary
background for turning a person towards distinction in knowledge comprises
four things.
1. Innate qualities, or quasi-innate, or those which can be acquired which
become like personal talents. In general, they are qualities which characterise
a person's psychological disposition and intellectual gifts.
2. The mentors with whom a person studies, their effect upon him, and who
define for him the method he chooses to follow or who show him the various
methods by whose light the path for him to follow becomes clear.
3. Personal life and experiences and the events which touch his life or befall
him which make him proceed in certain directions. Two individuals may
have the same gifts and shaykhs but one will be successful and the other not,
or he will set out on a path which does not lead to success because his
personal life has ordained another path for him, and so the two go different
ways.
4. The era in which he lives and the intellectual environment in which he
liveds and in which his gifts flourishes.
We will look at each of these factors in turn.
Abu Hanifa's Qualities
Abu Hanifa had natural qualities which set him in the highest rank of scholars
and he was characterised by the qualities of the true firm, reliable scholar. He
had self-control and contained his feelings. He did not indulge in unnecessary
or ugly words far from the truth. He once argued about a question on which
Hasan alBasri had given a fatwa. He stated, "Hasan erred." A man said to

him, "You say that Hasan erred, son of a whore!" He did not redden or
blanch. He said, "By Allah, Hasan erred and 'Abdullah ibn Mas'ud was
correct." He used to say, "O Allah, if someone is annoyed by us, our heart is
open to him."
This calmness and tolerance did not issue from a person with no feelings or
stem from lack of emotion. He was a man with a sensitive heart and soul. It is
related that one of those with whom he debated shouted at him, "Innovator!
Heretic!" He rejoined, "May Allah forgive you. Allah knows that I am not
that. I have not turned from Him since I knew Him and I only hope for His
pardon and only fear His punishment." He wept when he mentioned the
punishment. The man told him, "Pardon me regarding what I said." He said,
"If any of the people of ignorance say something about me, I pardon them.
As for the people of knowledge who say something about me, they are sinful.
The slander of the scholars will cause something to remain after them."
So his calm was not an unfeeling one. It was the composure of someone who
knows himself and is tranquil by his fear of Allah and is only concerned
about what is connected to Allah and not what is connected to the dirt of
people, like a clear unsullied sheet to which none of the harmful words of
people stick. His composure was that of one who restrains himself and
endures without attacking and dislikes the tempests which the self can
provoke.
His independence of thought prevented him from losing himself in others'
opinions. His shaykh Hammad recognised this quality in him. He used to
encourage him to examine every case and not to accept any idea without
examining it first. His independent thought made him see things as a free
person, not subject to anything except for a text of the Book or S u n n a or a f
a t w a of a Companion. He thought one could look into the position of the Ta
bi ' un who might err or be right because their opinion did not have to be
followed nor was its imitation part of scrupulousness. He lived in Kufa,
which was essentially a Shi'ite milieu, and met the Shi'ite Imams in his time,
like Zayd ibn 'Ali, Muhammad alBaqir, Ja'far as-Sadiq and 'Abdullah ibn
Hasan, and yet he maintained his high opinion of the great Companions in
spite of his inclination to the noble family of the Prophet and his love for the
People of the House.

Ibn 'Abdu'l-Barr states in a 1 - I n ti q a ': "Sa'id ibn Abi 'Aruba said, 'I
came to Kufa and attended the gathering of Abu Hanifa. One day he
mentioned 'Uthman ibn 'Affan and prayed for mercy on him. I told him,
"You ask Allah to show him mercy. I have not heard anyone in this city pray
for mercy on 'Uthman ibn 'Aff a n except you.""
He was a profound thinker and went deeply into questions. He did not stop at
the outward meaning of a text but went beyond that to its intentions. His deep
philosophical intellect may have impelled him to that because at the
beginning of his life he was involved in k a l a m. That profound sense of
inquiry may be what led him to study hadiths in a deep manner, seeking the
causes of the judgements they contained by examining the indications of
words, aims of phrases, circumstances and related qualities. When he was
satisfied about the underlying cause, he used analogy based on it and
hypothesised and took that very far indeed.
He was quick-witted and ideas would come to him quickly the moment that
they were needed. His thinking was not restricted or blocked when he
investigated. He was never at a loss for words in debate as long as the truth
was on his side and he had evidence to support it. He had ample devices to
enable him to easily leave his opponent dumbfounded. There are many
extraordinary examples of that in the books of biographies and histories
which depict his life. We will mention some of them which reveal his
excellent technique and subtle approach.
It is related that a man died and he had appointed Abu Hanifa, when he was
absent, as his executor. The case was presented before Ibn Shibrama and Abu
Hanifa mentioned that to him. Abu Hanifa brought the evidence that the man
had died and made him executor. Ibn Shibrama said "Abu Hanifa, do you
swear that your witnesses have testified truly?" He said, "I do not have to
take an oath, I was absent." He said, "Your standards are in error." Abu
Hanifa asked, "What do you say about a blind man with a head wound when
two witnesses testify to that: does the blind man have to testify that the
witnesses spoke the truth when he cannot see?" So Ibn Shibrama ordered the
will to be implemented.
Ad-Dahhak ibn Qays al-Khariji, who rebelled in the Umayyad era, entered
the mosque of Kufa and said to Abu Hanifa, "Repent." "Of what?" he asked.

He answered, "Of your allowing arbitration." Abu Hanifa asked, "Will you
kill me or debate with me?" "I will debate with you," he said. "And if we
disagree on anything in the debate, who will decide between us?" He replied,
"I will accept whomever you wish." Abu Hanifa said to one of adDahhak's
companions, "Sit and judge between us if we disagree." Then he turned and
asked ad-Dahhak, "Are you content for this one to decide between us?"
"Yes," he replied. Abu Hanifa said, "Then you have allowed arbitration, so
desist."
It is related that there was a man in Kufa who stated, ""'Uthman ibn 'Affan
was a Jew," and the scholars could not quiet him or impel him to say other
than what he had said. Abu Hanifa went to him and said, "I will bring you a
suitor." "Who for?" asked the man. "For your daughter. It is a noble man who
is wealthy, generous and who knows the Book of Allah by heart. He prays at
night and weeps frequently out of fear of Allah." "One would be content with
far less than this, Abu Hanifa?" "There is just one thing," said the Imam.
"What is that?" asked the man. "He is a Jew," replied the Imam. The man
exclaimed, "Glory be to Allah! Do you tell me to marry my daughter to a
Jew!" "You will not do it?" asked the Imam. "No," replied the man. Abu
Hanifa continued, "The Prophet, may Allah bless him and grant him peace,
married his daughter to such a Jew," meaning 'Uthman, may Allah be
pleased with him, whom the man claimed to be a Jew. He said, "I ask
forgiveness of Allah. I repent to Allah Almighty."
These reports illustrate the extent of his skill in debate and the excellence of
his dealing with some of the worst and most deleterious groups so that al-
Mansur said to him, "You are the master of devices." It was easy for him to
debate because of the strength of his insight, grasp of people's character, and
his power to open the locks of their hearts and their inner selves. He would
approach them from a direction which they could grasp and were familiar
with so that it would be easy for them to accept the truth.
Abu Hanifa was sincere in the quest for the truth and that is the attribute of
perfection which elevated him and illuminated his heart and insight into the
truth. A sincere heart is the one which is free of bias, taint of the self and
emotion in investigating matters and grasping problems. Allah gave him the
light of recognition and lucid perception and his thoughts were directed in a
straightforward manner in seeking out the truth so that it would be

understood and grasped.
Abu Hanifa freed himself of every appetite except the desire for sound
perception and he knew that such figh is the deen or true understanding of the
deen. It cannot be sought by someone dominated by prejudice for that is a
barrier in the way of the truth. The desire for the truth was the over-riding
concern which motivated him. Due to his sincerity, he did not claim that his
opinion was the truth, but said, "This is our opinion. It is the best we can
determine. If anyone comes with a better position, he is more entitled to be
correct than we are."
It was said to him, "Abu Hanifa, this fatwa which you give is the truth about
which there can be no doubt." He said, "By Allah, I do not know. Perhaps it
is falsehood about which there can be no doubt." Zafar said, "We used to go
regularly to Abu Hanifa with Abu Yusuf and Muhammad ibn al-Hasan ash-
Shaybani and write down what he said. One day he said to Abu Yusuf, "Woe
to you, Ya'qub! Do not write down all that you hear from me. I may have an
opinion today and then leave it tomorrow. I may have an opinion tomorrow
and leave it the following day." His sincerity in seeking the truth might well
lead him to retract his opinion if his opponent mentioned a h a d i t h he had
which was not impaired or mentioned a fatwa of a Companion.
Zuhayr ibn Mu'awiya said, "I asked Abu Hanifa about safeconduct granted
by a slave. He said, 'If he is not a fighter, his safeconduct is invalid.' I said,
"""Asim al-Ahwal transmitted that alFudayl ibn Yazid ar-Raqashi said, "We
were laying siege to the enemy when an arrow was shot to them with a safe
conduct attached to it." They said, "You have given us safe conduct." We
replied, "It was given by a slave." They said, "By Allah, we do not know the
slave from the free man among you." So we wrote that to 'Umar ibn al-
Khattab and 'Umar wrote back, "Allow the safeconduct of the slave." "" Abu
Hanifa was silent. Then he was absent from Kufa for ten years. When he
returned, I went to him and asked him about the safe-conduct of the slave,
and he replied giving 'Asim's account. He had retracted his original
statement and so I knew that he followed what he had heard." He was asked,
"Do you diverge from the Prophet, may Allah bless him and grant him
peace?" He replied, "May Allah curse the one who diff e r s from the
Messenger of Allah, may Allah bless him and grant him peace. Allah
honoured us with him and we seek salvation by him."

All these qualities were combined with another quality through which all of
these qualities were made manifest which is a gift which Allah gives to some
people. That quality was strength of personality, influence, the capacity to
instil awe and affect others by charisma, charm and spiritual vigour. But in
spite of this he did not impose his opinion on his many students. Sometimes
used to discuss with them and ascertain the opinions of the important ones
among them and debate with them as an equal, not as a superior. Sometimes
used to conclude with an opinion and all would be silent to listen to him but
some of them would keep their own opinions. In both cases, Abu Hanifa was
consistent with his position and his personality.
Abu Hanifa's circle of companions was described by his contemporary,
Mis'ar ibn Kidam, who said, "They used to separate to see to their needs after
the morning prayer. They would then gather to him and sit with him. Some
would ask and some would debate. These was a great deal of talking because
of the amount of evidence that was offered." (al-Makki, pt. 2, p. 36)
These are some of the attributes of Abu Hanifa: some are natural and some
are acquired. They are the key to his personality and what enabled him to
make use of all the spiritual nourishment he obtained. They are the tools
which were used to process the material which he had contact with. It is
through them that there occurred his interaction with the time in which he
lived, his shaykhs and his experiences. These attributes were supported by a
new method of thought and opinion which involved profound investigation
and study and had far-reaching effects on individuals and indeed whole
generations. It is by these qualities that Abu Hanifa won his supporters and
provoked the spite of his envious detractors.
His Shaykhs
Abu Hanifa said of his scholarly training and his studies of fiqh, "I was in a
lode of knowledge and fiqh. I sat with its people and devoted myself to one
of their fuqaha.""
His words clearly indicate that he lived and grew up in a scholarly
environment and that he sat with scholars, studied with them, and learned
their methods of investigation. Then he chose a faqih among them who

satisfied his scholarly inclination and devoted himself to him alone. He did
not shun other scholars but sometimes used to debate with them, his devotion
to his own teacher not preventing him from sitting with them. All sources
agree that he was the student of Hammad ibn Abi Sulayman, the shaykh of
Iraqi fiqh in his time. But he also learned from others, related from many and
debated with many, especially after Hammad's death. When he visited the H
a r a m after leaving Kufa because of the Umayyad governor, Ibn Hubayra,
he met many shaykhs.
Before dealing with those shaykhs, or at least those we know of, and their
legal orientation in particular, we must point out three points:
· Abu Hanifa's shaykhs were from different persuasions and disparate sects.
They were not all fuqaha' of the main sunni community and they were not
only people of opinion. Some of them were h a d i t h scholars and some
taught the fi q h of the Qur'an and the knowledge of the great Qur'anic
commentator, 'Abdullah ibn 'Abbas. When he stayed in Makka for about six
years, which is understood from some of the books we have cited, he must
have studied with the Ta b i ' u n there who had learned the knowledge of Ibn
'Abbas from him or from his students.
Many of those he sat with in Iraq were from among the sects of the Shi'a
with all their differences. They included the Kaysanites, the Zaydites, the
Twelver Imams and the Isma'ilis. Each had an effect on his thought, even if
he did not follow their leanings except in respect of his love for the House of
the Prophet. He took in all those disparate elements and assimilated them to
reach his final conclusion. Abu Hanifa utilised all these elements, taking the
best from them, and then produced a new way of thinking and an upright
opinion.
. Abu Hanifa moved away from these different studies and learned the f a t w
a s of the Companions who were famous for ijtihad, excellent opinion and
intelligence.
We read in the History of Baghdad: "One day Abu Hanifa went to al-Mansur
when 'Isa ibn Musa was with him. He told al-Mansur, 'This is the foremost
scholar of the world today.' He asked him, 'Nu'man, from whom did you
take knowledge?' He replied, 'From the companions of 'Umar from 'Umar,

from the companions of 'Ali from 'Ali, and from the companions of
'Abdullah (ibn Mas'ud) from 'Abdullah, and in the time of Ibn 'Abbas none
had more knowledge than him.' He said, 'You have made sure of yourself.""
Abu Hanifa learned the f a t w a s of those majestic Companions and based
himself on following their f a t w a s, or at least what he had from the Tabi'un
from whom he learned, because he took it from their companions without
intermediary.
. All the books of virtues mention that he met some Companions. Some of
them state that he related hadiths from them. This would put him in the rank
of the Tabi'un, and thus give him an excellence above the fuqaha'
contemporary with him like Sufyan ath-Thawri, al-Awza'i, Malik and others.
Sources do not disagree that Abu Hanifa met some Companions who were
contemporary with him and lived to the end of 100 AH or close to that or
were alive in the 90s. They mention several Companions he met and saw,
including Anas ibn Malik, (d. 93), 'Abdullah ibn Abi Awfa (d. 87), Wathila
ibn al-Asqa' (d. 85), Abu't-Tufayl ibn Wathila, (d. in Makka in 102), the last
Companion to die, and Sahl ibn Sa'id (d. 88).
There is disagreement about whether he transmitted from them or not. Some
scholars said that he related from them and they mention h a d i t h s which
he reported, but knowledgeable hadith scholars consider their isnad to be
weak.
Most scholars state that even if Abu Hanifa met some Companions, he did
not relate from them. They argue that when he met them he was not at the age
of someone who learns knowledge, retains it and transmits it because that
could only have happened at the beginning of his life while he was going to
the markets before he became involved with knowledge.
We incline to this view and accept that Abu Hanifa met some Companions,
but did not relate from them. So was he a Tabi'i or not? Scholars disagree
about the definition of a Tabi'i. Some say that it applies to anyone who met a
Companion, even if he did not keep his company; simply having seen him is
enough to make a man a Tabi'i according to that view. By that criterion Abu
Hanifa is a Ta b i ' i. Some scholars, however, say that it is not enough to

simply have seen the Companion but it is also necessary to have kept his
company and learnt from him and so by that reckoning Abu Hanifa could not
be said to be one of the Tabi'un.
Whatever the case, scholars are unanimous about the fact that he met a
number of the Ta b i ' u n and sat with them, studied with them, related from
them and learned their fi q h at an age which allowed learning and
transmission. Some of them were known for transmission, like ash-Sha'bi,
and many were famous for opinion. He took from 'Ikrima, the transmitter of
the knowledge of Ibn 'Abbas, Nafi', the bearer of the knowledge of Ibn
'Umar, and 'Ata' ibn Abi Rabah, the fa q i h of Makka, with whom he had a
lengthy relationship. He used to debate with him about tafsir and learn from
him.
We read in a 1 - Inti q a ': "Abu Hanifa said, 'I asked 'Ata' ibn Rabah,
"What do you say about the words of Allah Almighty, 'We re s t o red his
family to him, and the same again with them' (21:84)?" He said, "He gave
him his family and the like of his family." I answered, "Is it permitted to
attribute to a man what is not from him?" He asked, "What is your position?"
I replied, "Abu Muhammad, it means the reward of his family and the like of
their reward." He said, "It is like that, but Allah knows best.""" If this is true,
it indicates two things. One is that Abu Hanifa sat with 'Ata' ibn Abi Rabah,
studied with him and took from him. 'Ata' died in 114 AH and so he must
have gone on h a j j and studied with the Makkan scholars while he was
Hammad's student. The second is that 'Ata' used to teach tafsir of the Qur'an
in Makka and that the school of Makka had inherited the Qur'anic knowledge
of 'Abdullah ibn 'Abbas.
The shaykhs to whom he was connected, each of whom had a specific
intellectual quality, deserve consideration, in order to ascertain the sum of the
sources from which he took.
The most prominent of his shaykhs was Hammad ibn Sulayman. He was an
Ash'ari by clientage since he was a client of Ibrahim ibn Abi Musa al-
Ash'ari. He grew up in Kufa and learned his fiqh from Ibrahim an-Nakha'i,
the most knowledgeable of the proponents of opinion. He died in 120 AH. He
not only studied with an-Nakha'i but also studied f i q h with ash-Sha'bi.
Both of them took from Shurayh, 'Alqama ibn Qays and Masruq ibn alAdja'.

They, in turn, had learned the fiqh of the two Companions, 'Abdullah ibn
Mas'ud and 'Ali ibn Abi Talib.
The fact that these two Companions lived in Kufa meant that they left the
people of Kufa much fiqh. That was the bedrock of Kufan figh. It is from
their fatwas and those of their students who followed their path that this great
legal inheritance was moulded. Hammad learned it, as said, from Ibrahim and
ash-Sha'bi but it is clear that the fiqh of Ibrahim dominated him. Ibrahim was
a proponent of the fiqh of the people of opinion whereas ash-Sha'bi was
closer to the people of tradition even though he lived in Iraq.
As already mentioned, Abu Hanifa stayed with Hammad for eighteen years
and learned the fi q h of the people of Iraq whose core was the fi qh of
'Abdullah ibn Mas'ud. He also learned the fatwas of Ibrahim an-Nakha'i so
that Shah Waliyullah ad-Dihlawi says, "The source of Hanafi fi qh is found
in the statements of Ibrahim an-Nakha'i." This is what he says in Hujjatu'llah
alB a l i g h a: "Abu Hanifa, may Allah be pleased with him, was the
strongest in holding to the school of Ibrahim and his contemporaries and only
exceeded it as much as Allah willed. A very important consideration when
making deduction in his school was precise analysis of the manner of
extrapolation. If you wish to learn the truth of what we have said, there is a
summary of the positions of Ibrahim and his contemporaries in The Book of
Traditions, the Jami' of 'Abdu'r-Razzaq and the M u s a n n a f of Abu Bakr
ibn Shayba. The analogy used in the school of Abu Hanifa does not deviate
from this procedure except in a very few places and even in those few it does
not leave what the fuqaha' of Kufa believed." (p. 146)
When Hammad died, Abu Hanifa continued to study and research, teach and
learn as do all true scholars, conforming with the tradition: "A scholar
continues to seek knowledge. When he thinks that he knows, he is ignorant."
We mentioned his learning in Makka from 'Ata' ibn Abi Rabah the school of
Ibn 'Abbas which came through 'Ikrima. He also took the knowledge of Ibn
'Umar and the knowledge of 'Umar from Nafi', the client of Ibn ' U m a r.
Thus he amassed the knowledge of Ibn Mas'ud and 'Ali from the school of
Kufa and the knowledge of 'Umar and Ibn 'Abbas from those Tabi'un with
whom he studied.
We can state, therefore, that he learned the fi q h of the whole Muslim

community with all its various methods, even though the thinking of the
people of opinion was stronger in him so that he is considered the shaykh of
the people of opinion. Abu Hanifa, however, did not confine himself to those
fuqaha'. He also went to the Shi'ite Imams and studied with them and
supported them. He met Zayd ibn 'Ali, Muhammad al-Baqir and 'Abdullah
ibn al-Hasan, each of whom had a position in figh and knowledge.
Imam Zayd ibn 'Ali Zayn al-'Abidin died in 122 AH. He was a scholar with
extensive learning in many areas of Islamic knowledge. He knew the
Qur'anic readings and all the Qur'anic sciences. He knew fiqh and doctrine
and what was said in them, to the extent that the Mu'tazilites considered him
one of their shaykhs. It is reported that Abu Hanifa was his student for two
years. According to a r-Rawd an-Nadir, Abu Hanifa said, "I saw Zayd ibn
'Ali as much as his family saw him. In his time, I did not see anyone with
more fi q h or knowledge than him nor anyone swifter in reply or clearer in
position. He was unique." He did not devote himself to him but he learned
from him in some encounters.
Muhammad al-Baqir, the son of Zayn al-'Abidin, was the brother of Imam
Zayd and died before him. He was one of the Shi'ite Imams on whom the
Twelvers and Isma'ilis, the two most famous Shi'ite groups, agree. He was
called "al-Baqir" (deep seeker of knowledge) because of the serious way he
sought knowledge. Although he was one of the People of the House, he did
not speak ill of the first three khalifs. It is said some of the people of Iraq
spoke ill of Abu Bakr, 'Umar and 'Uthman in his presence and he became
angry and said, "Are you are among the emigrants who were 'expelled from
their homes and wealth'?" (59:8) "No," they replied. He asked, "So then you
must be among those 'settled in the abode and faith'?" (59:9) "No," they
replied. He said, "Nor are you among those who came after them saying,
'Our Lord, forgive us and our brothers who preceded us in belief.' (59:10)
Leave me. Allah is not near your abode. Affirm Islam. You are not among its
people." He died in 114 AH.
It appears that Abu Hanifa met al-Baqir at the beginning of his development.
He first met him in Madina when he was visiting it. It is reported that al-
Baqir remarked to him, "Are you the one who changes the deen of my
grandfather and his hadiths by analogy?" Abu Hanifa replied, "I seek refuge
with Allah!" Muhammad said "You have changed it." Abu Hanifa said, "Sit

in your place as is your right until I sit by my right. I respect you as your
grandfather, may Allah bless him and grant him peace, was respected by his
Companions when he was alive." He sat.
Then Abu Hanifa knelt before him and said, "I will present you with three
things to answer. Who is weaker: a man or woman?" "A woman," he replied.
Abu Hanifa then asked; "What is the share of a woman?" "A man has two
shares and a woman one," he replied. Abu Hanifa said, "This is the statement
of your grandfather. If I had changed the de e n of your grandfather, by
analogy a man would have one share and a woman two because the woman is
weaker than the man."
Then he asked, "Which is better: the prayer or fasting?" "The prayer," al-
Baqir replied. He said, "This is the statement of your g r a n d f a t h e r. If I
had changed the d e e n of your grandfather, my analogy would be that,
because the prayer is better, when a woman is free of menstruation she
should be commanded to make up the prayer and not make up the fast."
Then he asked, "Which is more impure: urine or sperm?" "Urine is more
impure," he replied. He said, "If I had changed the deen of your grandfather
by analogy, I would have ordered a ghusl for urine and w u d u ' for sperm. I
seek refuge with Allah from changing the d e e n of your grandfather by
analogy." Muhammad rose and embraced him and kissed his face to honour
him.
Al-Makki mentions this conversation and indicates that it must have been
their first encounter because al-Baqir asked a question of someone who was
famous for analogy. Then Abu Hanifa showed him that he did not replace the
text by analogy and he clarified his method to him. It also shows that Abu
Hanifa was already known for opinion (ra'y) and debate regarding analogy.
As Abu Hanifa was connected to al-Baqir, he was also connected to his son,
Ja'far as-Sadiq, who was the same age as Abu Hanifa. They were born in the
same year, but Ja'far died about two years before Abu Hanifa, in 148 AH.
Abu Hanifa said, "By Allah, I have not seen anyone with more fi q h than
Ja'far ibn Muhammad."
We read in al-Makki, "Abu Ja'far al-Mansur said, 'Abu Hanifa, people are

tempted by Ja'far ibn Muhammad, so prepare some difficult questions for
him.' He prepared forty questions. Abu Hanifa said about his visit to al-
Mansur in Hira, 'I went to him and entered. Ja'far was sitting on his right.
When I saw him, I felt great esteem for Ja'far as-Sadiq which I did not feel
for al-Mansur. I greeted him and he indicated I should sit. Then al-Mansur
turned to Ja'far and asked, 'Abu 'Abdullah, this is Abu Hanifa?' 'Yes,' he
replied. Then he turned to me and ordered, 'Abu Hanifa, present your
problems to Abu 'Abdullah.' I began to present them and he answered them,
saying, 'You say this; the people of Madina say this; and we say this.
Sometimes it is the position of our Follower, sometimes that of their
Follower, and sometimes we diff e r.' He dealt with all forty questions. Then
Abu Hanifa stated, 'The most knowledgeable of people is the one with the
most knowledge of people 's differences." Scholars count Ja'far as one of
Abu Hanifa's shaykhs, even though they were the same age.
Abu Hanifa was also, according to various sources, a student of 'Abdullah
ibn al-Hasan ibn al-Hasan. He was a reliable and truthful hadith transmitter.
Sufyan ath-Thawri, Malik and others related from him. He was respected by
people and performed a lot of worship. He visited 'Umar ibn 'Abdu'l-'Aziz
who honoured him. He also went to as-Saffah at the beginning of the Abbasid
period and he showed him honour and gave him a thousand dirhams. When
al-Mansur came to power, he treated him in the opposite fashion and also
dealt harshly with his sons and family. They were brought in chains from
Madina to al-Hashimiyya and put in prison where most of them died.
'Abdullah himself died in 145 AH at the age of about 75. He was ten years
older than Abu Hanifa.
Abu Hanifa's scholarly links were not confined to the men of the Community
and Imams of the People of the House. Biographies also state that he studied
with some of the people of different sects and it is said that one of his
shaykhs was Jabir ibn Yazid al-Ju'fi. He was an extreme Shi'ite who believed
that the Prophet would return as would 'Ali and the Shi'ite Imams. Ibn
alBazzazi said that his father Yazid was one of the followers of 'Abdullah ibn
Saba' but that is unlikely. It is more likely that he was a Shi'ite but not a
Saba'ite because the Saba'ites claimed that 'Ali was a god or close to a god
and 'Ali disavowed them. Abu Hanifa would not take the knowledge of Islam
from an unbeliever. His claim that 'Ali would return agrees with the
Saba'ites, but also with the Kaysanites, and it is more likely that he was one