Imam Abu Hanifa - His Life, Opinions and Fiqh

said, “Shaykh, the position is as you stated. Go to your city but do not give people a fatwa which will disgrace
your ruler and extend the domain of the Kharijites.”
Here is what we find in al-Kamil by Ibn al-Athir on the events of 148 AH:
The populace of Hamdan were Shi‘ites and al-Mansur decided to send armies to Mosul and
annihilate its inhabitants. He summoned Abu Hanifa, Ibn Abi Layla and Ibn Shibrama and told them,
‘The people of Mosul gave me their word that they would not rebel, and that, if they were to do so,
then their blood and property would be fair game. They have rebelled.’ Abu Hanifa was silent. The
two other men said, ‘If you pardon your subjects, you are worthy of that; and if you punish, it is
because they deserve it.’ He said to Abu Hanifa, ‘I see you are silent, shaykh.’ He replied, ‘Amir al-
Mu’minin, they made a contract they had no right to make. Do you think that if a woman made her
private parts lawful without a marriage contract or ownership, it would be permitted to have
intercourse with her?’ ‘No,’ replied the former. ‘No,’ Abu Hanifa continued, ‘So how can it be
permitted for the people of Mosul ?’ Al-Mansur commanded that Abu Hanifa and his companions
return to Kufa. (pt. 5, p. 217)
There are some mistakes in the details of this account – for instance, mentioning Ibn Shibrama as being
with him on this occasion when the events were in 148 AH whereas Ibn Shibrama died in 144, as Ibn al-Athir
himself says elsewhere.
The second incident which showed his view of al-Mansur’s government is when the latter sent him a gift
to test to see if he would accept and he made an excuse about it. We read in The Virtues by al-Makki:
Al-Mansur sent him a gift of 10,000 dirhams and a slavegirl. ‘Abdu’l-Malik ibn Hamid, al-
Mansur’s wazir, was a noble and generous man. He told Abu Hanifa when he refused it, “I tell you by
Allah, the Amir al-Mu’minin is looking for a way to get at you. If you do not accept, you will confirm
his suspicions about you.” He refused and so ‘Abdu’l-Malik said, “As for the money, give it out in
stipends. As for the slavegirl, accept her from me or make an excuse so that I can excuse you to the
Amir al-Mu’minin.” Abu Hanifa said, “I am too weak for women. I am old and I do not consider it
lawful to accept a slavegirl with whom I cannot have relations and I would not dare to sell a slavegirl
which came from the property of the Amir al-Mu’mimin.”
Similar incidents took place between Abu Hanifa and al-Mansur and so he kept him under surveillance.
There were those in al-Mansur’s retinue who provoked him against Abu Hanifa and made him suspect his
statements and fatwas, but he continued to make statements and fatwas which he believed to be true,
unconcerned about whether people were pleased or angry as long as he was pleasing to Allah, complying to
the Truth and it satisfied his own conscience.
Al-Khatib reported that Abu Yusuf said, “Al-Mansur summoned Abu Hanifa. Ar-Rabi‘, the chamberlain of
al-Mansur, who was hostile to Abu Hanifa, said, ‘Amir al-Mu’minin, Abu Hanifa contradicts your
grandfather, ‘Abdullah ibn ‘Abbas. He stated that when someone swore an oath and then made an exception a
day or two later, the exception was permitted. But Abu Hanifa says that the exception is not allowed unless it
is simultaneous with the oath.’ Abu Hanifa said, ‘Amir al-Mu’minin, ar-Rabi‘ claims that you have no
allegiance from your army.’ ‘How is that?’ he asked. He said, ‘They swear to you and then return to their
homes and make an exception, and so their oaths are invalid.’ Al-Mansur laughed and said, ‘Rabi‘, do not
start with Abu Hanifa!’ When he left, ar-Rabi‘ said, ‘You wanted to spill my blood!’ ‘No,’ he replied, ‘you
wanted to spill mine, and I saved you and saved myself.’”
Al-Khatib also said, “Abu’l-‘Abbas at-Tusi had a bad opinion of Abu Hanifa and Abu Hanifa was aware of
it. Abu Hanifa went to al-Mansur at a time when there were a lot of people present. At-Tusi said, ‘Today I will
finish with Abu Hanifa.’ So he came to him and said ‘Abu Hanifa, the Amir al-Mu’minin commands one of
us to strike off the head of another man without knowing who it is. Is he permitted to do that?’ ‘Abu’l-
‘Abbas,’ the Imam replied, ‘does the Amir al-Mu’minin command what is right or falsehood?’ ‘What is right,’
he replied. Abu Hanifa said, ‘Carry out the right wherever it is and you will not be questioned about it.’ Then
Abu Hanifa said to those near him, ‘This one wanted to bind me so I tied him up.’”
It should be mentioned here that a position taken by Abu Hanifa may have provided al-Mansur with a
means of harming him because Abu Hanifa would annul the judgements of the qadi of Kufa when they were
contrary to his opinion and declare that they were wrong at the time they were issued and to those who had