Governing property, making the modern state - PSI424

Notes to chapters 2 and 3
question; some of the fetwas of Ebussuud
serve to introduce kanunnames.
41 On Birgevi/Birgili see the article by
Kasim Kufrevi in EI2 and Zilfi: Politics of
Piety, pp. 143–6.
According to ‘Abd al-Ghani al-Nabulusi,
al-Hadiqa al-nadiya (1859), p. 3, in his commentary
on al-Tariqa al-muhammadiya,
al-Barkali was the son of a learned father
of Sufi tradition. After brilliant studies he
worked for Mulla Muhyi ’l-Din Akhizade
and then became an assistant of ‘Abd
al-Rahman Ahmad Kadiasker in the time
of Sultan Süleyman before giving himself
to asceticism and good works. He began to
serve the murshid sheikh ‘Abdullah al-Qarmani
al-Bayrami, who directed him to teach
students. There grew up a great friendship
between him and ‘Ata, the teacher of Sultan
Selim. A school was built for Birgili in the
town of Barkalin. The text of al-Tariqa
al-muhammadiya was published in Istanbul
in 1261AH/1845 and Cairo in 1296/1878–79.
The work was repeatedly translated into
Turkish (see Zilfi: Politics of Piety, p. 176,
n. 58) but no translation seems to have
been made into European languages. There
were also two editions of ‘Abd al-Ghani
al-Nabulusi’s commentary, al-Hadiqa alnadiya
sharh al-Tariqa al-muhammadiya,
a lithograph edition, Cairo, 1276/1859 and
a printed edition, Istanbul, 1290/1893. The
references here are to the earlier edition.
42 Anonymous, SK.Reşid Efendi,
1036/4, fols 36a–41b. Since the last work
cited in the fetwa is Ibn Nujaim’s work
al-Tuhfah al-mardiya of 1552, the fetwa
presumably belongs to the era of Süleyman
I and Ebussuud’s tenure of the office of
sheikh-ul-Islam. It is sandwiched between
a fetwa in Turkish concerning fair levels of
taxation and the relation of the kadi to the
timari in this regard and another in Arabic
directed to the shaikh mashayikh al-islam
concerning when and how the entitlement
of the religious functionaries and the
‘atayat of the diwan were to be paid in
relation to the timing of the harvest.
43 Al-Nabulusi: al-Hadiqa al-nadiya,
244
p. 716, al-tawarru‘ wa-’l-tawaqqi min
ta‘am ahl al-waza’if.
44 Ibid. pp. 729–33.
45 The reference appears to be to a
collection made by ‘Alim ibn ‘Ala’ al-Din
al-Hanafi on the order of the great
Khan Tartarkhan under Muhammad II
Tuqlaq (1324–51) and his successor Firuz
Shah (1351–88) on which a commentary
was written by Burhan al-Din Ibrahim
al-Halabi (d. 1549) al-Fawa’id al-muntakhaba
min al-fatawi ’l-tartarkhaniya. See
Brockelmann, Geschichte der Arabischen
Litteratur (1938), vol. 2, p. 643.
46 Birgili’s text does not pass into
obscurity: it is cited by the important
seventeenth-century jurist al-Haskafi and
forms the basis of a major commentary
by ‘Abd al-Ghani al-Nabulusi, although
neither author takes up its condemnation
of the tapu fee.
47 See Akarlı: ‘Gedik’, pp. 182–3.
48 Tefviz in lieu of temlik/awarding
ownership, ferağ in lieu of bey/sale, and
intikal in lieu of irs/inheritance.
3 Jurisprudential debate in the
17th and 18th centuries
1 For biographies of Hanafi muftis of
Damascus see al-Muradi, ‘Arf al-basham fiman
waliya fatwa Dimashq al-Sham (1988).
2 See Imber: Ebu’s-Su‘ud, pp. 24 and
269–72.
3 This scholar (d. 1020/1611–12) held
posts over three decades culminating in his
appointment as mufti of Üsküb. On the
basis of three copies of the manuscript in
the Süleymaniye Library, the text has been
published, see Akgündüz: Kanunnameler,
vol. 9, pp. 395–483. A copy exists in Damascus:
Fatawi zahir al-qudat fi ’l-qawanin
al-‘uthmaniya, ZAL.10493, fols 80–156.
4 ‘Kanun-i Cedid’, Milli Tetebbular
Mecmuası, i/1–2 (1903), pp. 60–112 and
305–09.
5 İslamoğlu, ‘Les paysans, le marché et
l’état en Anatolie au XVIe siècle’, Annales,
ESC xliii/5 (1988), pp. 1025–43 and Veinstein,
‘Les ottomans: fonctionnarisation