Imam Abu Hanifa - His Life, Opinions and Fiqh

gift, I accept it. The Amir al-Mu’minin has connected me to the treasury of the Muslims. I have no
right to their money. I am not one of those who fights for them so that I should take what the fighter
takes. I am not one of their children so as to take what their children take. I am not one of their poor
so as to take what the poor take.” He said, “You will be qadi in what they need from you.”
Al-Bazzari said in The Virtues,
Al-Mansur imprisoned Abu Hanifa to force him to become Chief Qadi and he received 110 lashes.
He was released from prison on the basis that he would stay at home and he was asked to give fatwa
regarding the judgements presented to him. Al-Mansur used to send questions to him but he did not
give fatwa. He ordered him to be re-imprisoned. Abu Hanifa was imprisoned again and was harsh and
severe to him.
We read in the History of Baghdad,
Al-Mansur sent for Abu Hanifa, wanting to appoint him qadi, but he refused. Al-Mansur swore that
he would do it and Abu Hanifa swore that he would not. Al-Mansur swore again that he would do it
and Abu Hanifa swore that he would not. Ar-Rabi,‘ the chamberlain, said, “Do you not see that the
Amir al-Mu’minin has sworn?” Abu Hanifa said, “The Amir al-Mu’minin can expiate his oaths better
than I can.” He refused the appointment therefore al-Mansur ordered his imprisonment.
Ar-Rabi‘ ibn Yunus said:
I saw the Amir al-Mu’minun clash with Abu Hanifa over the qadiship. Abu Hanifa said, “Fear
Allah and do not give your trust except to the one who fears Allah. By Allah, I am safe from
favouritism but how can I be safe from anger? If you threaten to drown me in the Euphrates unless I
accept the appointment, I would prefer to be drowned. You have courtiers who need those who
honour them for your sake. I am not fit for that.” Al-Mansur said to him, “You lie, you are fit.” Abu
Hanifa retorted, “I have declared myself unfit so how can it be lawful for you to appoint someone
who is a liar as qadi?”
There are a number of points to be noted in these stories. Firstly, when Abu Hanifa refused the qadiship, he
refused it not only because al-Mansur appointed him, but because he saw it as a perilous post and thought that
perhaps he would not be strong enough to do it, that his conscience would not be strong enough to bear its
burdens and his will not strong enough to contain his feelings. He saw the post of qadi as a trial which made
all other trials insignificant. His refusal does not necessarily have a political cause.
Secondly, al-Mansur was suspicious about the cause behind Abu Hanifa’s refusal and did not believe that
it was based purely the avoidance of bearing the responsibility of judgements. That is why he specifically
asked for the reason he had refused the stipend, even if there was no connection between refusing to be qadi
and refusing the stipend, as this question would indicate. Al-Mansur believed that his grounds for suspicion
were confirmed. Moreover, the retinue around al-Mansur provoked him when he was undisturbed and directed
his attention to Abu Hanifa.
The third point is that Abu Hanifa was not diplomatic in his replies. He did not use honeyed words and did
not use devices to extricate himself. He was forthright with the truth and unconcerned about the consequences.
He endured them. So he refused to be qadi and refused to give fatwa and clearly stated that he refused the
stipend because it was from the Muslim treasury and that it was not lawful for him. Then the khalif took an
oath and so did he without concern. Rather he thought of the ultimate end and of his reward with Allah.
Eventually the ordeal befell Abu Hanifa. The transmitters agree that he was imprisoned and that he did not
sit to give fatwa or teach after that, since he died during or after this ordeal. Sources differ as to whether he
died in prison after the flogging, which most say, or died in prison by being poisoned according to those who
say that al-Mansur was not content to flog him, but poisoned the shaykh to hasten his end, or was released
before he died and then died at home while refusing to teach and meet people. These three versions are
mentioned in his biographies and elsewhere.
It is related that he stayed in prison after the flogging until he died, and Da’ud ibn Rashid al-Wasiti said, “I
was present when the Imam was tortured to force him to accept the appointment as qadi. He was taken out