JOURNAL OF ARABIC AND ISLAMIC STUDIES

JAIS
ONLINE
school. 86
Felicitas Opwis
doctrine; the ruling itself is still valid. In this instance, it seems likely
that al-ʿAbbaldī is unwilling to dismiss al-Karābīsī’s view because the
latter is deemed an important transmitter not only of the eponym’s legal
teachings, but also his political doctrines. He is the reference, for
instance, of al-Shāfiʿī’s affirmation of the caliphate of Abū Bakr who,
according to al-Shāfiʿī, was the most excellent person after the death of
the Prophet. Al-ʿAbbādī interprets al-Karābīsī’s report to mean that the
leadership of the excelled candidate is not legitimate (imāmat al-mafḍūl
lā tajūz). 85 Al-Shāfiʿī’s position on the caliphate, as reported by al-
Karābīsī, ties in with other references al-ʿAbbādī includes throughout the
book that seem to be intended to fend off accusations of Shīʿī tendencies
directed against al-Shāfiʿī. The Shīʿī claim that ʿAlī deserved the
caliphate after the death of the Prophet because he was the most suitable
person is clearly rejected as falling outside the teachings of the Shāfiʿī
We also find instances in which al-ʿAbbādī explicitly points out the
‘correct’ Shāfiʿī position. Yūnus b. ʿAbd al-Aʿlā, who, as noted above,
may not have known al-Shāfiʿī’s final doctrine on killing women and
children of infidels in combat, nevertheless also transmits legal views on
authority of al-Shāfiʿī that al-ʿAbbādī deems correct. He is credited with
relating from al-Shāfiʿī the following ruling: When, among a group of
people, a woman does not have a legal guardian, she can transfer her
affairs to a man of that group in order that he can give her in marriage
because it is a necessity 87 – the presumption is that no near male relative
or judge is at hand to fulfill the function of guardian to give the woman
in marriage. The transmission (riwāya) of this view is rejected by some
Shāfiʿīs and by others accepted. Al-ʿAbbādī sides with the latter, calling
it correct (wa-huwa al-ṣaḥīḥ). 88
Sometimes, however, al-ʿAbbādī objects not just to a particular view a
Shāfiʿī jurist holds, but also rejects all of that person’s transmissions. He
mentions under the entry of Abū ʿAbd al-Raḥmān al-Shāfiʿī (d. after
221/836; we are told he received this nisba because he was a student
[tilmīdh] of the eponym) that al-Shāfiʿī himself prohibited him from
85 Al-ʿAbbādī, Kitāb Ṭabaqāt, 24.
86 Throughout the Kitāb Ṭabaqāt, al-ʿAbbādī repeatedly mentions that al-
Shāfiʿī embraced the legitimacy of the first three caliphs and that he did not elevate
ʿAlī above other Companions. See ibid., 17, 24, 35, 57, and 61.
87 Al-ʿAbbādī does not use a technical term here but says: idhā ḍāqa (alamr)
ittasaʿ (ibid., 19).
88 Ibid., 19.
21