format_quote Originally Posted by
IbnAbdulHakim
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu
akhi i just want to see the proof for the sahabi's giving fataawa without dalaa'il inshaAllah. this will put my heart to rest
wa iyyakum akhi tabarakAllah
wa alaikum ussalaam wa rahmatullah
:salamext:
sure. Alhamdulilah I found it on net as well. (by the way there are plenty of other as well in books).
IMAAM ABU BAKR BIN ABI SHAYBAH (rahmatullahi alaih)
One of the benefactors of Hanafi Fiqh was a Buzrook by the name of Imaam Abu Bakr bin Abi Shaibah (rahmatullahi alaih). He passed away in 235 A.H. He had compiled a voluminous Hadith Kitaab, which spanned 16 volumes.
Nevertheless, there are two very important points regarding this Kitaab.
This Kitaab has a compilation of Fiq`hi Fataawa of more than 30 000 Sahaba (radhiAllaahu anhum) and Taabi`een (rahmatullahi alaihim). There does not appear any Qur`aanic proof from the Sahabi or Taabi`i providing the Fatwa. Nor is there any Hadith cited in support of the Fatwa given. There is also no record of objectors to these Fataawa.
This proves that during the era of the Sahabah and Taabi`een, Fataawa were given without and proof being cited from Qur`aan Shareef or Ahadith. The people practised upon these Fataawa without seeking any such proof. There is no evidence of anyone refuting these continuous practises. This is called Taqleed.
(some more good info., if you have interest in it)
The analysis of the differences Imaam Ibn Shaibah had with Hanafi Fiqh is as follows:
It is stated in ‘Inaaya’, which is the commentary of ‘Hidaya’, that the total number of Hanafi Fiqhi Masaa`il exceeds 1 260 000 (i.e. more than one million, two hundred and sixty thousand). Imaam Ibn Shaiba has differed upon only 125 Masaa`il. If we assume that his differences were exactly this (i.e.125), then the ratio between correctness and incorrectness of the Hanafi Masaa`il, would be one incorrect one to every 10 160 correct ones. Therefore, (according to one Hadith), there will be two rewards for every one of the 10 160 correct rulings and one reward for every one incorrect. It is very possible that there is no Muhaddith, who has attained this ratio of incorrect to correct rulings, ever.
When we study the differences of Imaam ibn Abi Shaibah, we note that there are atleast 60 Masaa`il, where there appears Ahadith on both sides. According to Imaam ibn abi Shaibah one Hadith is preferred and according to Imaam Saheb (rahmatullahi alaih) another Hadith is preferred. Imaam Saheb (rahmatullahi alaih) used to say: “If a Hadith is authenticated, then that is my Mazhab.” [Shaami]. Hence, we see that the Hadith he has preferred is an authentic one.
Imaam Sufyaan Thauri (rahmatullahi alaih) said that Imaam Abu Hanifah (rahmatullahi alaih) only used authentic Ahadith, where the narrators were completely reliable. He was also well aware of ‘Naasikh Mansookh’ (i.e. which Hadith was abrogated and which was abbrogatory). He was also very particular to ascertain which action was the one executed by Nabi (sallallahu alaihi wasallam) during his last stages. He also kept his views in agreement to the majority of the Ulama of his time. [Al Khairaatul Hasanaat, page 30].
In those Ahadith where there existed ‘contradictions’, Imaam Saheb used to take that Hadith which he and other Muhadditheen accepted as the most authentic one. It is also apparent that he accepted the ‘replacement’ Hadith over the abrogated one and he considered those actions of Nabi (sallallahu alaihi wasallam) which were done at the last part of his life. It is also apparent that Imaam ibn Abi Shaibah did not apply that much attention to authentic Ahadith, therefore the Muhadditheen have place his Kitaab in the third category. He also did not pay that much attention to ‘Naasikh Mansookh’.
Hence, we can safely conclude that in the 60 odd differences raised by Imaam ibn Abi Shaibah, the view of Imaam Saheb is more correct and preferred.
Besides this, there are approximately a dozen Ahadith, where Imaam ibn Abi Shaibah has presented a ‘Khabar Waahid’ (Hadith related by a single person), whereas Imaam Saheb has presented Qur`aanic text in support of his view. It is clear that proof from the Qur`aan Shareef is most preferred.
There are approximately 1 ½ dozen Masaa`il where, Imaam ibn Abi Shaibah uses ‘Khabar Waahid’ whereas Imaam Saheb uses ‘Khabar Mash -Hoor’ (‘Famous’ Hadith). It is apparent that ‘Khabar Mash-Hoor’ holds preference over ‘Khabar Waahid’.
There are approximately 1 ½ dozen Masaa`il, where Imaam Ibn Abi Shaibah refutes these Masaa`il, whereas these Masaa`il are not even proven to be directly from Imaam Saheb. These are not even recorded in the Hanafi Fiqh Kitaabs. Here Imaam ibn Abi Shaibah has also erred.
There are approximately ten Masaa`il where there is a difference of opinion regarding the interpretation of the Hadith. Imaam ibn Abi Shaibah interprets it in one way and Imaam Saheb in another. It is apparent that there is no consideration given to difference in interpretation of Ahadith, whereas difference of opinion in Fiqh is taken into cognisance.
[Jaami` Bayaanul Ilm, page 131, vol.2 / Zail Jawaahir, page 485, vol.2 / Al-Khairaatul Hisaan, page 61].
Imaam Tirmidhi (rahmatullahi alaih) said: “He (Imaam Saheb) was a great Aalim in interpreting the Ahadith.” [Tirmidhi, page 118, vol.1].
There is a consensus of opinion amongst the Ummat that Imaam Saheb was a Mujtahid.
Nevertheless, there remains a dispute in six or seven Masaa`il.
The condition of Allaah Ta`ala’s acceptance is such that, even after Imaam ibn Abi Shaiba has written his Kitaab, there are still millions of people who follow the Mazhab of Imaam Abu Hanifah (rahmatullahi alaih). There is not a single person, the world over who is a Muqallid of Imaam ibn Abi Shaibah.
Allaamah Abdul Qadir Qurashi, Allaamah Qaasim bin Qutlobugha and Allaamah Kawthari have written detailed refutations regarding this section in Imaam ibn Shaibah’s Kitaab.
It is recorded in the Ghair Muqallid periodical, “Al-I`tisaam”:
“Imaam A`zam (rahmatullahi alaih) has indeed, kept the conditions and needs of the civilisation of his era before him, and according to the Qur`aanic method of Mashwera, he formulated Fiqh according to sound Islamic principles. In reality, this is great achievement. It is impossible to refute this greatness and necessity (of his work).” [8 July 1960, page 5, column 1]