The History of the Ahl Al-Bayt (a) Jurisprudential: <\/strong>An important point about the history of the Ahlul-Bayt (a) jurisprudential sect is that it is divided into different stages. Each stage will be described.<\/p>\n THE FIRST STAGE<\/strong> THE SECOND STAGE<\/strong> THE THIRD STAGE<\/strong>
\nThis is the stage of the narration of traditions from the Im\u0101ms (a). This stage starts from the beginning of Islam and ends at the lesser occultation in the 260th year after the great migration.
\nJurisprudence, in this stage, was narrating traditions. Companions would hear a tradition from one of the infallibles (a) and spread it to their communities without organizing them into different subjects.
\nThis first text that was written, other than what the commander of the faithful (a) wrote, was written by Ab\u012b R\u0101fi\u201b, a companion of the prophet (s) and Im\u0101m \u201bAl\u012b (a). He wrote a book called Kit\u0101b al-Sunun wa al-Ahk\u0101m wa al-Qad)\u0101y\u0101.
\nHis son, \u201bAl\u012b bin Ab\u012b R\u0101fi\u201b, the commander of the faithful\\’s (a) scribe, wrote a book using the different sections of jurisprudence, for example w\u016bd)\u016b and prayer.
\nJurisprudential texts increased during the imamate of Im\u0101m B\u0101qir and S)\u0101diq (a) due to the weakness of the Umayyad dynasty during its last days and power being shifted to the Abbasid dynasty.
\nJurisprudential texts continued to grow, so much so that during the time of H)urr al-\u201b\u0100mul\u012b there were 6600 texts. 400 of these texts became famous and were called the 400 principles. The four great books of the Shia written by the three great scholars[23] were compiled from these books.
\nThe city of Medina was the center of Islamic studies for the Ahlul-Bayt (a) during this period until Im\u0101m S)\u0101diq (a) moved to Kufa and the second center of Islamic studies was formed.
\nAl-Ha)ssan bin \u201bAl\u012b al-Wash\u0101\\’ said: “I saw 900 scholars who all said that they heard so and so from Ja\u201bfar bin Muh)ammad (a) in this mosque (Masjid al-K\u016bfa).”[24]
\nThe Im\u0101m had great companions in K\u016bfa, such as Ab\u0101n bin Taghlib who related 30,000 traditions and Muh)ammad bin Muslim who related 40,000.
\nWhen we say that jurisprudence in this stage was just compiling and spreading traditions rather than organizing them into different sections, we do not mean that this includes the big scholars of the time. Each one of them was an ocean in themselves, like Muh)ammad bin Muslim, Zar\u0101rah ibn A\u201byan and Ab\u012b Bas)\u012br. Im\u0101m S)\u0101diq (a) said: “Bur\u012bd bin Mu\u201b\u0101w\u012byyah al-\u201bAjal\u012b, Ab\u012b Bas)\u012br Layth al-Bakhtar\u012b al-Mur\u0101d\u012b, Muh)ammad bin Muslim and Zar\u0101rah will be given the glad tidings of Heaven. They believe in Allah about the obligatory actions and forbidden ones. The line of prophethood would be cut if it were not for them.”[25]
\nThe Im\u0101m considered them mujtaheds who had the power of deriving verdicts from the Qur\u0101n and prophetic traditions. Sometimes he (a) would order them practice it, for example he (a) said: “It is on us to tell you the principles and it is on you to branch them out.”[26] He (a) also told people to refer to some of his companions in religious rulings, like Y\u016bnis bin \u201bAbd al-Rah)m\u0101n. Someone asked the Im\u0101m: “It is not possible for me to come to you and ask everything that I need about religious sciences. Is Y\u016bnis bin \u201bAbd al-Rah)m\u0101n trustworthy; can I take whatever I need from him?”
\nThe Im\u0101m answered: “Yes.”[27]
\nHe (a) also ordered some of his companions to give religious verdicts, such as Ab\u0101n bin Taghlib. The Im\u0101m (a) told him: “Sit in Medina\\’s mosque and give religious verdicts to the people. Verily I love to see my Shia like you.”[28]<\/p>\n
\nThis stage started at the minor occultation, the 260th year after the great migration, and lasted until the age of Shaykh T)\u016bs\u012b who was born in the 385th year after the great migration and died in the 460th year.
\nIn this stage the Ahlul-Bayt (a) jurisprudential sect transformed from only relating traditions without organizing them into different sections into writing jurisprudential books without adding anything to the traditions or changing their terminology. This is clear in the book Shar\u0101ya\u201b which was written by \u201bAl\u012b bin B\u0101b\u016bway for his son Muh)ammad. It is said that when someone needed a tradition they would find it in this book.
\nOther similar books are al-Maqna\u201b and al-Had\u0101yah by Shaykh S)ad\u016bq, Muh)ammad bin \u201bAl\u012b bin B\u0101b\u016bway and al-Nah\u0101yah by Shaykh T)\u016bs\u012b.
\nWe are not saying that there were not scholars that only spread traditions, but we are saying that they were organized into different subjects containing all of the subjects seen today. This is clearly seen in the books al-K\u0101f\u012b by Shaykh Kulayn\u012b and Man L\u0101 Yad)uruhu al-Faq\u012bh by Shaykh S)ad\u016bq.
\nThis is what generally took place in this stage. This does not mean that there weren\\’t any scholars who added to the traditions by using intellectual deductions, for example what is related to al-\u201bUmm\u0101n\u012b and al-Isk\u0101f\u012b.
\nIf one wants to explain more he can say that this stage had three major schools:
\n1. The school of Qum and Ray: This school used traditions but did not use intellectual deductions. Some of the scholars of this school are the two S)ad\u016bqs. This was a strong school and was relied upon by many scholars.
\n2. The school of al-\u201bUmm\u0101n\u012b and al-Isk\u0101f\u012b: This school preferred using intellectual deduction to such an extent that they accepted syllogism and voting. Al-\u201bUmm\u0101n\u012b is al-H)assan bin \u201bAl\u012b bin Ab\u012b \u201bAq\u012bl. It is said that he is the first person to apply his ijtih\u0101d to actions, while mentioning the different sections of jurisprudence and mentioning the reasons behind the verdicts. He wrote the famous book: al-Mustamsik bi-h)abl \u0100l al-Ras\u016bl. Unfortunately this book is not in existence today. Al-Isk\u0101f\u012b is Muh)amamd bin Ah)mad bin al-Junayd who lived after Ab\u012b \u201bAq\u012bl. He wrote jurisprudential books, for example Tahdh\u012bb al-Sh\u012b\u201bah li-ah)k\u0101m al-Shar\u012b\u201bah and al-Ah)mad\u012b f\u012b al-Fiqh al-Muh)ammad\u012b. These two books, also, do not exist today.
\n3. The school of Baghd\u0101d: This is also called the school of Shaykh Muf\u012bd. This school tried to find a common ground between traditions and intellectual deductions. The reason behind this might be Shaykh Muf\u012bd, who was a student of Ibn al-Junayd and Ja\u201bfar bin Muh)ammad bin Q\u016bl\u016bway who was from Qum and a member of the Qum school of thought. Shaykh Muf\u012bd wrote many books, for example al-Maqna\u201bah which was explained by Shaykh T)\u016bs\u012b in his book Tahdh\u012bb al-Ah)k\u0101m.<\/p>\n
\nThis stage started at the age of Shaykh T)\u016bs\u012b and is still prevalent today. In this stage the jurisprudential books changed from imitating the traditions in form and language to writing with different terminology and mentioning different situations that did not occur at the time of revelation. All of this occurred with accepting intellectual deduction perfected by traditions and accepting intellectual principles. The book al-Mabs\u016bt) by Shaykh T)\u016bs\u012b helps us to come to the conclusion that we have about this stage.
\nOther steps that have been made in this stage:
\n1. The sections of jurisprudence have become more specialized.
\n2. More subjects have been made due to time.
\n3. Intellectual deductions have been made stronger and their proofs have become clearer.
\n4. The relationship between jurisprudential rulings and jurisprudential principles has become clearer.
\n5. Putting more effort into the chains of narration.
\n6. Canceling some of the ancient texts which do not have matters that today\\’s world need and writing books with today\\’s world\\’s needs.
\nNotes:<\/strong>
\n[23] Muh)ammad bin Ya\u201bq\u016bb al-Kulayn\u012b \u2013 al-K\u0101f\u012b, Muh)ammad bin \u201bAl\u012b bin al-H)ussayn al-S)ad\u016bq \u2013 Man L\u0101 yah)d)uruhu al-Faq\u012bh, Muh)ammad bin al-H)assan al-T)\u016bs\u012b \u2013 al-Tahdh\u012bb and al-Istabs)\u0101r.
\n[24] Al-Naj\u0101sh\u012b, Rij\u0101l al-Naj\u0101sh\u012b, under al-Wash\u0101\u2019
\n[25] Shaykh T)\u016bs\u012b, Rij\u0101l al-Kash\u012b, under Ab\u012b Bas)\u012br Layth al-Mur\u0101d\u012b
\n[26] Al-H)urr al-\u201b\u0100mul\u012b, Was\u0101\u2019il al-Sh\u012b\u201bah, the 6th chapter of the qualities of a judge, tradition 51
\n[27] Al-H)urr al-\u201b\u0100mul\u012b, Was\u0101\u2019il al-Sh\u012b\u201bah, the 11th chapter of the qualities of a judge, tradition 33
\n[28] Al-Naj\u0101sh\u012b, Rij\u0101l al-Naj\u0101sh\u012b, under Ab\u0101n<\/em>\n<\/p>\n