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JOURNAL OF ARABIC AND ISLAMIC STUDIES

JOURNAL OF ARABIC AND ISLAMIC STUDIES

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JAIS<br />

ONLINE<br />

Pavel Pavlovitch<br />

zinā. Thus, the literary analysis of Muqātil’s commentary has shown that<br />

the reference to what was to become the ʿUbāda tradition is intrusive and<br />

was not part of the original narrative.<br />

Isnād-cum-matn analysis seems to contradict the latter conclusion.<br />

Our study of the isnāds and matns in the ʿUbāda cluster has shown the<br />

Baṣran mawlā Shuʿba b. al-Ḥajjāj (born 82–6/702–7, died 160/776) as<br />

the earliest disseminator of the non-revelation tradition. It is therefore<br />

feasible that the tradition was known to Muqātil, who, like Shuʿba, lived<br />

and worked in Basra. If so, isnād-cum-matn analysis belies the results of<br />

the literary analysis by allowing an earlier date of the circulation of the<br />

ʿUbāda tradition. Before one settles on this conclusion, however, one has<br />

231<br />

to look more thoroughly at Muqātil’s narrative. To facilitate the task, I<br />

cite the full matn of the dual-penalty tradition found in Muqātil’s<br />

commentary:<br />

(1) Allāh u akbar! (2) Jāʾa l-lāh u bi-l-sabīl. (3a) Al-bikr u bi-l-bikr i jald u<br />

miʾat in wa-nafy u sana. (3b) Wa-l-thayyib u bi-l-thayyib i jald u miʾat in warajm<br />

un bi-l-ḥijāra.<br />

(1) Allāh is great! (2) Allāh has come with a way. (3a) A virgin with a<br />

virgin [punish them with] one hundred strokes and a year’s banishment<br />

(3b) and a non-virgin with a non-virgin [punish them] with one hundred<br />

strokes and execution with stones.<br />

Before all, one should note that the tradition does not include the<br />

revelation preamble. Neither do the surrounding sentences indicate that<br />

the Prophet’s words are divinely revealed. Like Shuʿba, Hushaym and<br />

al-Qaṭṭān, Muqātil, or the later redactor who ascribed to him the halakhic<br />

commentary, knew only the non-revelation tradition, which, it will be<br />

recalled, developed over the course of the second century AH. This is<br />

however too broad a frame; it does not allow us to determine whether the<br />

prophetic tradition was present in Muqātil’s original narrative.<br />

The opening clauses of the prophetic dictum in Muqātil’s commentary<br />

depart from the established wording of the dual-penalty traditions in a<br />

way that suggests either dissimilar origin or different stages in the<br />

narrative development. Most of the traditions in the ʿUbāda cluster open<br />

with khūdhū ʿan-nī (clause 1) immediately followed by qad jaʿala l-lāh u<br />

la-hunna sabīl an (clause 2). Muqātil’s alternative clause 1 indicates that<br />

khūdhū ʿan-nī may have not been present in the original tradition, which,<br />

therefore, would have been an early legal maxim independent of the<br />

prophetic and scriptural authority. Clause 2 in Muqātil’s tradition is<br />

transitional. Whereas most of the dual-penalty traditions repeat the<br />

wording of Qurʾān 4:15; Muqātil refers to the same verse in paraphrase.

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