Introduction
In the introduction to The Idea of Idolatry and the Emergence of Islam, Gerald Hawting gives a brief account of his critical historical methodology, concluding with the words:
Although to some it may seem that the following pages are mainly critical and deconstructive … the message is not intended to be negative. On the contrary, it is hoped that it furthers … more historically persuasive approaches to the emergence of Islam as a religion.Footnote 2
Hawting's important and impressive contribution to the study of early Islam is sometimes viewed as primarily destructive, as he picks through the sources, questioning their reliability. Such a characterization would, I think, be unjust: Hawting, if I understand him correctly, aims to be constructive – aiming to develop a historically persuasive account from the available evidence. When contemporary historical records are scarce (as with the emergence of Islam), the historian's task is to triangulate the evidence and propose credible accounts of historical processes. If subsequent scholarship produces persuasive accounts of the evidence, then one version is replaced by another. The crucial point is that the account is, methodologically speaking, open to revision. Attempting to work within Hawting's method, I present here the analysis and tentative dating of a short passage found in a collection of “early” Shīʿī ḥadīth reports.
In its present published form, the Kitāb Sulaym ibn Qays consists of ninety-one reports attributed to the first Shīʿī Imam, ʿAlī b. Abī Ṭālib (d. 40/661) and transmitted through his disciple, Sulaym b. Qays al-Hilālī (d. 76/678). Sulaym had, in turn, entrusted the book to Abān b. Abī ʿAyyāsh (d. c. 138/755–6) who is, according to the work's exordium (muftatiḥ), responsible for its dissemination. The process whereby the work survived the persecution of the Shīʿa under the famously cruel Umayyad governor of Iraq, al-Ḥajjāj (d. 95/714) and gained its current form is described in the muftatiḥ. Abān invited Sulaym to escape oppression and to leave Iraq for the city of Nawbandegān in southern Fars. When Sulaym arrived, he proceeded to transmit to Abān reports from Imam ʿAlī, the Companions of the Prophet and the early Imams, including reports from Salmān al-Fārisī, Muʿādh b. Jabal and Abū Dharr. Abān was commanded not to pass on the work to anyone outside of trusted individuals (man tathiqu bihi ka-thiqatika bi-nafsika – “those whom you trust as you trust yourself”). One month before his death, Abān gave the book to his pupil ʿUmar b. Udhayna (d. c. 169/784), demonstrating its accuracy by saying that he had not only read it back to Sulaym; he had also read it to the fourth Imam ʿAlī b. al-Ḥusayn al-Sajjād (d. 94/712). The Imam, on hearing the recitation, stated “Sulaym speaks the truth; these are the ḥadīth we know”.Footnote 3 Furthermore, its contents had also been confirmed by the famous al-Ḥasan al-Baṣrī (d. 110/728). It is this work, transmitted through Sulaym, Abān and ʿUmar, which allegedly formed the text of the Kitāb Sulaym, and from which the manuscript tradition of the collection developed. These manuscripts form the basis for the various modern published editions of the Kitāb Sulaym. The first edition was published in 1361 ah (1942) in Najaf and was based on a manuscript supposedly belonging to the great Safavid ḥadīth expert al-Ḥurr al-ʿĀmilī (d. 1104/1693). The most recent edition is a worthy publication by Muḥammad Bāqir al-Anṣārī al-Zanjānī, published in Qum in 1415 ah (1995) in three volumes with continuous page numbering between the volumes. The set comprises a lengthy introduction (volume 1) in which the internal Shīʿī debate as to the work's history and authenticity are introduced; a text, constructed on the basis of fourteen manuscripts (volume 2) and a very useful set of indexes (volume 3). The number of reports within the Kitāb Sulaym is not consistent across the manuscript tradition, and the various editions reflect this; I shall use the numbering from the latest Anṣārī edition. The reports themselves have many variants and versions, and Anṣārī gives the transmission variants in his copious footnotes. I shall use the text in this edition as my principal source in the analysis below, though at times the variant versions of the report are enlightening (and referred to in the footnotes).
The Kitāb Sulaym ibn Qays (also referred to as the Aṣl Sulaym, and the Kitāb al-Saqīfa in subsequent Shīʿī tradition) has been the subject of some dispute within the tradition, and has received a recent flourish of scholarly comment in the secondary literature. Within the Shīʿī tradition, the debate primarily concerns the authoritativeness of the work (that is, whether it can be trusted as a source of doctrine).Footnote 4 Part of the argument for the work's doctrinal authority is, of course, linked to its authenticity and correct attribution. Consequently, scholars within the Imāmī tradition have investigated the evidence supporting (or contradicting) the claims which the work makes for itself in its muftatiḥ. There are, however, separate and discrete questions to be addressed when discussing the authenticity of Kitāb Sulaym, and these are rarely distinguished by writers within the tradition. First, there is the issue of whether or not the material is attributable to ʿAlī; then there are questions concerning individual reports within the work and whether any can be individually traced back to Sulaym, and beyond him to Imam ʿAlī; then there are the issues of when and how this material was collected, and the extent of editing which occurred either during or before the process of collection in a single volume entitled Kitāb Sulaym or some other locution. There are those within the Imāmī tradition who are not willing to concede authenticity on any of these levels;Footnote 5 there are many who have trusted the work and considered it a sound source of religious doctrine;Footnote 6 and there are various possible positions between these two extremes. Western scholarship, from Goldziher onwards, has been almost unanimously sceptical concerning the work.Footnote 7 Recently Modarressi has stated that the work is early (and in that sense it is an “authentic” expression of early Shīʿī thought), but not traceable to ʿAlī through Sulaym. Modarressi dates it to the period before Abān's death (that is, before 138/755–6), and speculates that perhaps he is responsible for its contents. The person of Sulaym b. Qays, however, is, for Modarressi, a fiction, invented to give the anti-Umayyad critique an early provenance. For him, the material in the Kitāb Sulaym in its current form represents the views of rank and file Kufan Shīʿa in the (late) Umayyad period. Though the text has been subject to addition and emendation over time (occasionally unorthodox content has been “corrected”), Modarressi argues, at least part of the original text can be restored.Footnote 8 A similar position has been adopted by Dakake.Footnote 9 Amir-Moezzi, in a thorough bibliographical note, is a little less hasty than Modarressi to dismiss the early history as a total fabrication; on the other hand, he is less sanguine about the possibility of recovering the original text since the alterations have effectively made the original unrecoverable.Footnote 10 Modarressi considers the insertions and interpolations to be easily recognizable;Footnote 11 Amir-Moezzi considers it difficult, perhaps impossible, to recover the original text, such is the volume of accretions and alterations.Footnote 12
Given that the work as a whole is problematic (or at least viewed as so), a productive (though certainly time-consuming) approach might be to explore the history of individual elements of the Kitāb Sulaym, in order to build up a picture of the development of the material within the book before its collection. Crone has begun such an enterprise with her examination of the twenty-third report within the Kitāb Sulaym.Footnote 13 She concludes the report is a fabrication, as indicated by not only the anachronistic references to the Black Banners of the ʿAbbāsids but also the Hashimite form of Shiism advocated in the text. She opts for a composition date of sometime between the ʿAbbāsid's coming to power and 762, “but in any case not after the 780s”.Footnote 14 As a tentative continuation of this approach, I have selected the first portion of the tenth report in which Imam ʿAlī is asked by Sulaym about the opinions current amongst the people concerning the interpretation of the Quran and the transmission of reports from the Prophet (min tasfīr al-qurʾān wa-min al-riwāya ʿan al-nabī).Footnote 15 The report (or a version of it) is not only to be found within the Kitāb Sulaym. Variants can also be located in other early sources such as al-Kulaynī’s (d. 329/939) al-Kāfī, Ibn Bābawayh's (d. 381/991) al-Khiṣāl and the Kitāb Tuḥaf al-ʿUqūl of Ibn Shaʿba al-Ḥarrānī (fl. fourth/tenth century), always attributed to Sulaym, and transmitted through Abān. In the following analysis, I make reference to these variants of the report, together with a version in the surviving fragment of the Mukhtaṣar ithbāt al-rajʿa of al-Faḍl b. Shādhān (d. 260/874).Footnote 16 A version of the report makes an appearance in the Nahj al-Balāgha (originally “collected” by al-Sharīf al-Raḍī (d. 406/1015)) as sermon 201 of Imam ʿAlī, though there is extensive abbreviation and also some embellishment in that version.Footnote 17 A textual analysis of the report, alongside its variants, set against the early history of Muslim hermeneutics, enables us to propose, tentatively, a composition date for this part of the tenth report of Kitāb Sulaym ibn Qays.
Kitāb Sulaym ibn Qays: Report ten (First part)
In report 10 of the recent Anṣārī edition of Kitāb Sulaym, Imam ʿAlī is asked about the differences in transmission and Quranic interpretation found amongst the people.Footnote 18 In response, he lists the four (and only four) types of transmitter he has identified. These I have named the hypocrite, the presumptuous, the mistaken and the reliable, and in the report each is given a short description of their characteristics. These descriptions are significant for, as we shall see, they presume a certain level of hermeneutic awareness. Only the fourth (the reliable) can be trusted to transmit the reports; only this fourth type has mastery of the hermeneutic skills necessary to ensure accurate transmission. The first part of the report ends with a general summary of the hermeneutic categories within the speech of the Prophet, which are (so Imam ʿAlī claims) identical with those of God's speech (i.e. the Quran). The second part of the tenth report tells of ʿAlī’s relationship with the Prophet, and how he collected knowledge from him; and also affirms Sulaym's probity as a transmitter. The two parts were probably originally separate and have been brought together within the Kitāb Sulaym. The first part of the report constitutes for al-Sharīf al-Raḍī in the Nahj al-Balāgha, a separate integral unit which can be cited on its own merits and does not need the second part found in the Kitāb Sulaym version in order to make a doctrinal contribution.
The version of this report in the Kitāb Sulaym begins:
[Sulaym relates:] I said to ʿAlī, “O Prince of believers, I have heard from Salmān, Miqdād and Abū Dharr about the interpretation of the Quran and reporting from the Prophet.Footnote 19 Then I heard from you a confirmation of what I had heard from them. I saw amongst the people many things concerning the interpretation of the Quran and the ḥadīths from the Prophet which differ from what I have heard from you. You claim that these are false (bāṭil, or invalid).Footnote 20 Do you think the people have being fabricating, lying intentionally about the messenger of God, and have interpreted the Quran according to their own opinion?”
[ʿAlī] came over and said to me, “You have asked, so understand the answer. In the hands of the people there is both valid and invalid (ḥaqq anwa-bāṭil an), truthfulness and falsity (ṣidq anwa-kidhb an), abrogating and abrogated (nāsikh anwa-mansūkh an), general and particular (ʿāmm anwa-khāṣṣ an), decisive and ambiguous (muḥkam anwa-mutashābih an), preservation and whimsy (ḥifz anwa-wahm an).”Footnote 21
It could be argued, at the very outset, that the concern for understanding the Quran and the transmission of the Prophetic Sunna must stem from a time when these two had been established as the prime and indubitable pair of sources for legal deduction. The dating of this has been much debated, but central to their establishment as sources was, of course, Muḥammad b. Idrīs al-Shāfiʿī (d. 204/820). Without wishing to enter into that particular debate, the focus on Quran and Sunna within this report would at least push a likely context for its emergence to the latter half of the eighth century ce.Footnote 22
Turning to the report's text in detail, the listings of category pairs are a common means of presenting the findings of hermeneutic reflection. Most of the pairings given here were taken up within the later hermeneutic tradition and given technical definitions: ṣidq/kidhb, nāsikh/mansūkh, ʿāmm/khāṣṣ and muḥkam/mutashābih.Footnote 23 They are well known and regularly found located together (often with supplements, such as ẓāhir/bāṭin, ḥaqīqa/majāz and muṭlaq/muqayyad) in later tafsīr and uṣūl works. The muḥkam/mutashābih pairing is, of course Quranic (Q. 3:7);Footnote 24 the notion of naskh is less explicitly (or easily) traced within the Quran;Footnote 25 and while the other terms exist within the Quran, they do not appear as hermeneutic categories, either individually or in pairs. I would argue that the collocation of the categories here, as a list of pairings into which revelatory material can be placed, probably reflects a mature hermeneutic science, rather than any rudimentary exegetical theory of the first century ah. This apparent anachronism hints at the report being considerably later than the period of “Sulaym”. An examination of whether the terms (either individually or in pairs) are used in a manner congruent with later conceptions of (say) abrogation and particularization also indicate a point of formulation sometime after the turn of the second century ah (late eighth century ce).
The claim that the Prophet's message, like the understanding of the Quran, has been misunderstood, warped, or fabricated, is a common motif in Shīʿī argumentation, and (it could be argued) forms the basis of the Shīʿī position concerning the deviant direction taken by the early Muslim community. Even the Prophet himself knew about his message being changed by some of his supposed followers:
During the Prophet's time, there were lies spread about him, such that when he rose to give a sermon amongst them and said, “O people. The untruth told about me has increased. He who tells an untruth about me, intentionally, will occupy his own place in the fire.” Then there was also untruth told about him after his death.
Here, the way in which one can avoid misrepresenting the Prophet's message is to be found through distinguishing between the various hermeneutic categories listed above.
ʿAlī lists four ḥadīth “transmitter types”: hypocrite, presumptuous, mistaken and reliable. One could see the whole system of transmitter categorization as fitting in with a developing science of ḥadīth criticism, something which only really became widespread after al-Shāfiʿī.Footnote 26 Early lists of transmitter categories establish abstract qualities of the transmitter combined with an assessment of whether their ḥadīth can ever be trusted. Clearly the categorization scheme in Kitāb Sulaym is part of a Shīʿī polemic against their opponents, foregrounding the notion of a single true transmitter of the Prophet's Sunna. It becomes, then, another expression of the Shīʿī election motif and the total rejection of their opponents’ positions. For this polemic to be maximally effective, however, it presents itself as a twist on the existing categorization scheme, indicating again a ninth-century ce development.Footnote 27
When we focus on the exegetical theory which the report assumes, the obvious qualities of a trustworthy memory are supplemented by other qualities. As will become clear, reliable transmitters should be able to understand and assess the significance of the material they are transmitting. It is in the description of these exegetical skills that the report reveals a hermeneutic science assumed in the background.
Imam ʿAlī begins his description of the various categories with the statement:
The transmitters (muḥaddithūn) are four: only four individual types of people who will bring you reports – there is not a fifth.Footnote 28
The description of the first category – the hypocrite – is almost entirely polemic, and clearly aimed at the opponents of the Shīʿa:
He is a man who is a hypocrite, who is outwardly faithful, acting out his Islam. He does not shun evil, nor does he restrain himself with regard to sinning such that he intentionally lies about the Prophet. If the Muslims knew he was a deceitful (kadhdhāb) hypocrite, they would not accept anything from him, and would not affirm him as honest. But, they say, “This is a companion of the Prophet. He saw him, and listened to him and he does not lie, and does not consider it permitted to lie about the Messenger”.Footnote 29 God has informed you about the hypocrites with what he said, and he described them as he did. God said “When you look at them, their bodies enthral you, and when they speak, you listen to their words” (Q. 63:4).
After [the Prophet], they are still present and have drawn close to the leaders of error, the ones who summon people to the fire with falsehood, lies, hypocrisy and slander. They made them officers and judges over the people's necks, and through them, they have consumed of the world. Except for those whom God has protected, people will only support the kings of this world. This is the first of the four types.
The passage tells us little about hermeneutics, but instead references a host of established Shīʿī themes: the rejection of the Companions of the Prophet as assumed reliable transmitters, the connection between these false witnesses and political power after the Prophet's death, and the notion of “the ones protected by God” (the Imams and perhaps their Shīʿa also) who are set apart from “the people” (al-nās – perhaps a reference to the non-Shīʿa though this is not the only possible interpretation). The target need not necessarily be the Umayyads, though they would appear the most likely immediate candidate: the repudiation could, though, be general and apply to all those who distort the Prophet's message. It is sentiments such as these which, most probably, persuade Modarressi to classify the Kitāb Sulaym as an “anti-Umayyad polemic”.Footnote 30
The second type of transmitter is described thus:
Another man hears something from the Prophet, but does not memorize it exactly, and makes a personal presumption about it[s meaning] (wahama fihi). He does not intend to lie whilst the [report] is in his hands; he transmits it and bases his actions on it, saying “I heard this from the Messenger of God”. However, if the Muslims knew he had made this presumption concerning it, they would not have accepted [it]. If he himself knew he had made this presumption about it, he would [also] have discarded it.
Here, the transmitter fails to memorize the report exactly (ʿalā wajhihi – “as it is” or perhaps “as it should be memorized”), but instead presumes he knows what it means and therefore presents his own version of its meaning (his own wahm). He does this in an unthinking manner, unlike the hypocrite; and if he had realized he was presenting it inaccurately he would have rejected it, as would the Muslims if they had known. The implication here is that there is no blame attached to him, but his report is to be rejected. There is a preference for precise verbal transmission (rather than transmission of the assumed meaning of the Prophet's statement), but it is possible that someone who can accurately understand the meaning of the report (i.e. without inserting his own wahm into the transmission) may be able to transmit it in an acceptable form. It is possible, from the above description, that a meaning-related transmission which compromises the precise wording of the report could still be a transmission “ʿalā wajhihi ”. The presentation prefigures, of course, the pairing of lafẓī/maʿnawī (verbal/meaning-based) transmission, though the terminology is not used. I return to this distinction below.
It is in the discussion of the third transmitter type that abrogation comes to the fore. This transmitter, it appears, does not take note of the occurrence of abrogation (naskh):
The third man hears the Prophet order a thing, and then he forbids it, and he [the transmitter] does not know. Or he hears him forbid a thing and then order it, and does not know. He preserves (ḥafiẓa) the mansūkh but does not preserve the nāsikh, but if he had known it was mansūkh, he would have rejected (rafaḍa) it. If the Muslims had known it was mansūkh when they heard it, then they would have rejected it.Footnote 31
Exactly what the transmitter does not know is not clear, but from the context, it seems most likely that he does not know of the Prophet's later order (or prohibition) and hears only the first. It is possible that what is meant here is a more radical misunderstanding of the process of naskh – namely that he hears both order and the prohibition but takes the first because he does not understand the procedure of abrogation, preserving the mansūkh rather than the nāsikh. If he had known it was mansūkh (i.e. if he had known how naskh operates), he would have rejected it. In either case, there is a clear assumption of a developed notion of abrogation: a later ruling abrogates an earlier ruling; the earlier ruling is rejected (rafaḍa). Rejected is, perhaps, stronger than al-Shāfiʿī’s “left/abandoned” (taraka), and may reflect a polemic edge to the rejected ruling.Footnote 32 There is no indication here that the Sunna could abrogate the Quran (or vice versa), and perhaps an implicit rejection of this mode of naskh: the Sunna is portrayed as only abrogating the Sunna. This view (that there is no “inter-source” abrogation), as is well-known, was advocated by al-Shāfiʿī, and was apparently viewed as novel when he proposed it.Footnote 33 There is no explicit reference to one distinction which became central to later theories of naskh: that between text and ruling. In later writings of legal theory (uṣūl al-fiqh) the abrogation of the ruling but not the text was entertained as a possible mode of naskh. This idea was not fully exploited by al-Shāfiʿī, though there are indications that he accepted the possible naskh of the text, but not of the ruling.Footnote 34 In Kitāb Sulaym the text and ruling appear bound up and, if identified as mansūkh, are to be rejected together. For the Muslims who hear the report, on the other hand, it is not so clear whether it is the ruling they are rejecting or the report containing it. The phrase concerning their possible reaction (“If the Muslims had known it was mansūkh…”) is ambiguous.Footnote 35 The distinction does not appear as a universally assumed element of naskh in the presentations of either al-Shāfiʿī or Kitāb Sulaym, perhaps indicating they are working with the same, proto-hermeneutic assumptions. In sum, then, the discourse of the naskh process described in this report in the Kitāb Sulaym reflects the debate as it stood at the time of al-Shāfiʿī, sharing some (though not all) of the emerging technical terminology of Muslim hermeneutics.
The last transmitter type, whose reports alone are to be trusted, is one who memorizes (or preserves) a saying exactly “as it should be” (ḥafiẓa mā samiʿa ʿalā wajhihi), and does not add to or omit anything from what he has heard:
The fourth man does not lie about God, nor does he lie about the Prophet, hating lying out of fear for God and in order to exalt God's messenger; he is not mistaken.Footnote 36 Rather, he preserves what he hears as it should be (ʿalā wajhihi); he brings it just as he heard it; he does not add anything, nor does he take anything away. He preservesFootnote 37 the abrogating from the abrogated, and acts on the abrogating, and discards the abrogated.Footnote 38
The lafẓī/maʿnawī distinction is, once again, the most obvious reference here, though the terminology is not used. It is possible that ʿalā wajhihi (“as it is”, “as it should be”) does not mean precise verbatim transmission, but “in a way that perfectly preserves the meaning” or some such locution. However, the rest of the description, including the phrase “he brings it just as he heard it; he does not add anything, nor does he take anything away”, would indicate, as in the description of the second type, a preference for lafẓī transmission. As already mentioned, the requirement to transmit verbatim rather than by meaning seems to have been a minority position at the time of al-Shāfiʿī. Al-Shāfiʿī has some concerns about it, but he does not dwell on it at length. Indeed, the debate expressed throughout his al-Risala around the ability of reports of limited transmission (aḥād) to act as proof is not so much around the wording/meaning debate (there is an implicit acceptance of wording variants being non-fatal to the epistemological chances of a report). Rather it concerns an acceptance that reports of limited transmission may fail to reach one type of certainty, but have sufficient probative force to be used as legal sources.Footnote 39 That absolute certainty as to precise wording was not a requirement for utility in the later ḥadīth sciences is well knownFootnote 40 and the lafẓī/maʿnawī distinction appears to have been fully discussed (and occasionally problematized) only later in the development of that science.Footnote 41 The lafẓī/maʿnawī discussion is not entirely absent from al-Shāfiʿī’s discussion, however, though the discussion is naturally rather rudimentary compared to the sophistication of the later tradition. For example, al-Shāfiʿī expresses some concern that a transmitter summarizing a report might change meaning:
[The ḥadīth transmitter] should know what might change the meaning of the report from the wording, and that he should be someone who transmit the report according to the words just as he heard [them] (yuʾaddī al-ḥadīth bi-ḥurūfihi ka-mā samiʿa).Footnote 42
The categories of lafẓ and maʿnā, though, are not fully worked out in his al-Risāla, and in other places al-Shāfiʿī indicates that transmission which retains context, even if it is non-verbatim, is preferable to accurate verbal transmission which ignores context and thereby distorts meaning.Footnote 43
The insistence on lafẓī transmission in the Kitāb Sulaym appears, then, as an implicit criticism of (and reaction to) the opinion of the majority who allow maʿnawī transmission. However, the report does not contain the technical terminology which later became standard, and this may indicate the report predates the wholesale incorporation of the terminology (and perhaps also the concepts) of lafẓ and maʿnā into the analysis of juristic thought. Once again, a late eighth or early ninth century ce context is the most natural one for explaining the hermeneutic assumptions within the report.
This fourth reliable transmitter type also has other characteristics: he knows the abrogating and the abrogated, and acts on the former, discarding the latter. This is the characteristic which is lacking in the second transmitter type (referred to and discussed above). When analysing the ideal type of transmitter being constructed here, the individual is portrayed as knowing not only that a later ruling abrogates an earlier ruling (i.e. he is familiar with the theory of naskh); he also knows how to identify which reports abrogate and which are abrogated, and he preserves only the nāsikh. This skill is not simply a matter of knowing the relative dates of the reports; it requires the transmitter to recognize that the two reports cannot possibly be reconciled and are in direct contradiction. For naskh to be operative, the two orders under examination need to address precisely the same legal subject such that accepting one means the rejection of the other. To carry out this identification process requires a certain level of hermeneutic skill, and it was a lack of this skill (rather than a faulty memory or any mendacity) which made the second transmitter type unacceptable. It is, then, presented as a decisive criterion for the acceptability of a transmitter, and establishes that his transmissions are acceptable in contrast to the second and third types.
Furthermore, the phrase “He preserves the abrogating from [or ‘instead of’, or ‘out of’] the abrogated”, (ḥafiẓa al-nāsikh min al-mansūkh) implies that the nāsikh is preserved and the mansūkh is not.Footnote 44 The final phrase of this description maintains that the mansūkh is to be rejected/discarded (wa-rafaḍa al-mansūkh). The idea that there is no need to preserve the abrogated Sunna is not tackled in later uṣūl with quite the same precision as that relating to the abrogated Quran. The abrogated elements of the Quran, of course, have ritual importance as elements of God's revelation, but have no legal relevance. With regard to the Sunna, the discussion was probably not as pressing since very little of the Sunna was (in later terminology) qaṭʿī al-wurūd (“of certain provenance”).Footnote 45 The transmitter here does not even bother to remember the abrogated, because the purpose of the transmitter is not to record everything the Prophet said, but only to record that which is legally relevant. The transmitter, with his knowledge of naskh, becomes the gatekeeper to the Sunna in that he knows what to preserve and what to reject. He has the qualities, then, of a jurist rather than a simple transmitter. As with the lafẓī/maʿnawī distinction, the report rejects a mainstream position – in this case, it was the division between jurists and ḥadīth transmitters which was becoming more widely recognized in the late eighth century.Footnote 46 The report is clearly participating in a debate which emerged much later then the seventh century ce.
In the closing paragraph of this first section of the report, three scriptural category pairings are said, by ʿAlī, to apply to both elements of revelation, the Quran and the Sunna: nāsikh/mansūkh, ʿāmm/khāṣṣ and muḥkam/mutashābih. There is no engagement with the thorny issue of whether the Quran can abrogate the Sunna referenced above – or the equally widely discussed idea that the two sources can particularize each other (which al-Shāfiʿī discussed in detail in al-Risāla). Nevertheless, the pairings and an established theory (though not fully expressed) underlying them are implied here. Overall, there is a recognition that these categories need to be employed in order to understand what God and the Prophet mean in their statements. The ʿāmm/khāṣṣ distinction receives particular treatment:
The orders of the Prophet and his prohibitions are like the Quran – with abrogating and abrogated, general and particular, decisive and ambiguous.
The speech which comes from the Prophet is of two types. There is the particular speech and general speech, like the Quran.Footnote 47 One who does not comprehendFootnote 48 what God means by it, or what the Messenger of God means by it, [simply] hears [the speech].Footnote 49
From this rather scant description, identifying whether a statement of the Prophet or God is general or particular is central to recognizing the intended meaning. If one is unable to recognize this (and simply “hears” the speech), then the meaning drawn from the statement will not be the same as the intended meaning.Footnote 50 The hermeneutic apparatus to make sense of this statement is relatively developed: there is a meaning which a text has in and of itself (its literal meaning, for want of a better term), and this literal meaning may be different from the intended meaning; to gain access to the former (“literal” meaning), one needs a knowledge of the language (this is what those who simply hear understand by the statement); to gain access to the latter one needs an interpretative skill: the ability to distinguish the ʿāmm from the khāṣṣ. The passage ends with a dig at some of the companions (a recurrent Shīʿī theme) who did not always understand what the Prophet was saying:
Not all the Companions of the Messenger used to ask him questions, and understand. There were amongst them some who asked but did not seek to understand – so much so that they used to love it when a stranger or a bedouin used to come and ask the Prophet [a question] so that they might hear [the answer] from him.Footnote 51
The first part of the statement is a simple rejection of the innate ability of the companions to understand the Prophet's message, and represents a clear element of Shīʿī polemic in the text. The second part, referencing the visit of the Bedouin or stranger, is possibly a continuation of this polemic tone, as the Companions could not understand the Prophet's words, and perhaps were too embarrassed to ask for clarification. Consequently, they were pleased when someone else asked, and they avoided revealing their ignorance. It could be interpreted as exhibiting the belief amongst the early grammarians that the language of scripture (ḥadīth included) was to be understood as an instantiation of the perfect Arabic language, and hence ambiguities and difficulties can be solved through reference to this linguistic corpus. The companions liked it when a bedouin came to ask the Prophet questions, as they would be able to hear him converse with the Prophet and perhaps later ask him what the Prophet meant. The bedouin and the Prophet shared the same linguistic code. The rather dim-witted companions were not blessed with total competence in this ability. An alternative interpretation might be that the bedouin lacked the timidity of the companions when faced with a prophetic statement they did not understand. Under either interpretation, however, the portrayal of the companions is generally negative. While these assumptions became standard grammatical doctrine in later years, the linguistic self-awareness required to carry out such an analysis was really only developing very late in the Umayyad period, and reached the level of maturity displayed in this passage from Kitāb Sulaym only in the early ʿAbbāsid period.Footnote 52
It is of course possible that the description here is a veiled polemic. Perhaps, only the Imam fulfils the criteria of this fourth transmitter type, and the Imam (according to some Shīʿī doctrines) has complete knowledge of the Sunna. The Imam, then, can discard elements of the Sunna without the fear that his judgement as to them being abrogated is potentially incorrect. I would consider such a reading as possible, but unlikely to have been part of the original formulation, as the text appears to be exhorting Sulaym to be choosy about whose reports he selects. If this meant only those transmitted through ʿAlī, one would have expected a more straightforward way of expressing this notion. Furthermore, the emergence of the Imam as the ultimate arbiter of the correct interpretation of the Prophet's Sunna took some time to develop in Shīʿī (particularly Imāmī) thought, and really only became established as mainstream in the late ninth century.
If the basic message of the report is that only the Imams can transmit the Prophet's Sunna since only they have knowledge of these categories, then ʿAlī is, effectively, putting himself precisely in this role of a companion who always understood what the Prophet meant. ʿAlī could distinguish the general from the particular and the abrogating from the abrogated, and perhaps the implication here is that the other companions could not. It would seem that ʿAlī (and by implication perhaps the Imams after him) are to be viewed as the archetypal perfect transmitters of the Prophet's Sunna. But even if this is so, there is no indication in the report that the ability to transmit perfectly is exclusively held by the Imams. Indeed reliable transmission seems to consist of (first) a technical (and hence learnable) skill (to remember words as they are spoken), and (second) an intellectual ability (knowledge of the Arabic language and being able to distinguish the general from the specific). The strictly behavioural criterion (i.e. moral probity or ʿadāla), which became a central element in ʿilm al-rijāl, is only hinted at here (viz. the transmitter acts on the basis of the abrogating and not the abrogated, and hence he acts in conformity with the law). There is no indication in the report that some sort of divine knowledge, exclusively available to the chosen Imams, is necessary to transmit the Sunna reliably. As I have argued elsewhere, the need to present the Imam's hermeneutical tools as available for the general community of Shīʿī exegetes is a relatively late development, perhaps coinciding with the period of lesser occultation.Footnote 53
In sum, then, the reliable transmitter in this report is more than simply someone who can memorize the words he hears faultlessly: he has exegetical skills, such as his ability to recognize the processes of abrogation and particularization occurring. Indeed, this ability is what distinguishes him from the other transmitter types, who either mendaciously warp the Prophet's words, or simply fail to understand them. In the report, the ideal transmitter is also an accomplished exegete. The establishment of an intellectual justification for community members other than the Imams being authoritative exegetes is traditionally viewed as a ghayba development (i.e. late ninth, early tenth century). If, as I have argued, this element of the report is best dated as emerging in the late eighth/early ninth century (based on its level of hermeneutic sophistication), then the report becomes indirect evidence for the attempted establishment of an alternative religious authority source (what might be called the proto-ʿulamāʾ amongst the Shīʿa) in the period immediately following the Ismaili schism.Footnote 54 From the perspective represented by this report, the Imams certainly have these exegetical skills, but they do not necessarily have exclusive claim over them; and if others can acquire them, then they cannot just transmit the Sunna but must also offer its correct interpretation. The tension between scholarly authority and that of the Imam, which became a prevalent theme in later Shīʿī jurisprudence and theology, is nascent (perhaps latent) here in the report in the Kitāb Sulaym b. Qays.
The content of the first section of the tenth report appears, then, as a rather audacious attempt to attribute to ʿAlī knowledge and mastery of exegetical techniques and a level of hermeneutic sophistication which came into existence in the late eighth/early ninth century. Having said that, there are points in the text where the fit between the use of technical terminology and concepts within later Muslim hermeneutic understanding and those found in the report is not perfect. This perhaps indicates that the appropriate context in which to view the report is the early formative period of hermeneutic thinking in the Muslim religious sciences (namely the late eighth and early ninth century ce), rather than the fully flourished theoretical awareness one finds in tenth-century works of tafsīr and uṣūl al-fiqh.
The report's isnād
Isnād analysis is an exacting, and at times a rather inconclusive exercise. Nonetheless, it is worth examining whether anything relevant to the dating of the report can be learned from the isnāds available for this report. If one uses every available isnād from every available source, then one has a total of fourteen isnāds attached to segments of variants of report 10 in the Kitāb Sulaym b. Qays. The various isnāds of the report are shown in Figure 1.Footnote 55
The isnāds of the report in the Kitāb Sulaym b. Qays
Following the methodology of Juynboll (itself a disputed approach to isnād analysis),Footnote 56 it would appear that Ibn Udhayna (death date not known, but a companion of either or both Imams al-Ṣādiq (d. 148/765) and Kāẓim (d. 182/798)) is the common link, which would fit with the account of his reception and then distribution of the Kitāb Sulaym from Abān (d. c. 138/755–6) outlined in the introduction. If we are to credit Ibn Udhayna with the report's circulation, this would be some forty to fifty years earlier than the dating, arrived at in the above analysis, based on the report's matn. The two isnāds which branch off from Abān (found in collections by al-Karājikī (d. 449/1057) and al-Ḥaṣkafī (d. 551/1156–57)) should probably be seen as “dives” (pace Juynboll), since Ibn Udhayna is considered “weak”.Footnote 57 Ḥammād b. ʿĪsā (d. 209/824–5 or 208/823–4) possibly acts as a secondary common link: he provided al-Faḍl b. Shādhān, al-Kulaynī (d. 329/941) and Ibn Bābawayh (d. 381/991) with the embellishments noted in the footnotes above. The problem with such an analysis is that al-Faḍl does not count Ibn Udhayna as one of his transmitters, preferring to go with the less popular, but rival third link of Ibrāhīm b. ʿUmar al-Yamānī (who, according to many Shīʿī isnāds relates Imams al-Ṣādiq (d. 148/765) and Kāẓim (d. 182/798), as well as from Sulaym directly). Ḥammād b. ʿĪsā could be the actual common link, and Ibn Udhayna is an apparent common link, in that he provides us with the earliest three versions of the report (al-Faḍl b. Shādhān, al-Kulaynī and Ibn Bābawayh) and it is only later that Ibn Udhayna is made to spawn the versions of al-Ḥaṣkafī, al-Nuʿmānī (d. 360/971) and al-Kashshī (d. c. 340/951). A further complication is al-Ṣaffār's (d. 290/903) isnād found in Baṣāʾir al-Darajāt, a work which predates both al-Kulaynī and Ibn Bābawayh. Though here, it could be argued that his citation is of only a few lines from the middle section of the report and not the report as a whole: the citation is partial and does not relate to the hermeneutic first section discussed above, and so can be disregarded in isnād analysis. The real difficulty is the version found in the Nahj al-Balāgha which, as already mentioned, without an isnād, bears a resemblance to the other versions examined here, but shows extensive rewording and textual adjustment in order to ensure it conforms more obviously with later notions of ʿāmm/khāṣṣ and nāsikh/mansūkh.
In the end, though, I am not sure the isnād analysis facilitates even an approximate dating. It could, perhaps, provide some indication of the original circulation of the report by Ḥammād b. ʿĪsā, who was abandoned by a later generation of ḥadīth specialists in favour of ʿUmar ibn Udhayna as the primary source of the report. If Ḥammād is responsible, then his dates (i.e. d. 209/824–5 or 208/823–4) would fit with the matn analysis carried out above. But the result does seem, to me at least, rather speculative.
Conclusions
From the above, a tentative history of the report in question is proposed, from initial circulation in the early ninth century (or at the earliest, the late eighth century), attributed to Sulaym, and subsequently inserted into al-Faḍl b. Shādhān's Mukhtaṣar ithbāt al-rajʿa. This would make the report's origins slightly later than report 23 (in Anṣārī’s edition), if Crone's dating is accepted. Initial circulation was followed by minor adjustments before inclusion in al-Kulaynī’s al-Kāfī and Ibn Bābawayh's al-Khiṣāl. The variants tend to show a greater level of agreement amongst al-Faḍl b. Shādhān, al-Kulaynī and Ibn Bābawayh – and in most cases, these versions show signs of updating to fit in with doctrinal developments (in, for example, the theories of naskh, ʿāmm/khāṣṣ and the evaluation of the transmitter's skills). This would indicate that the Kitāb Sulaym predates these versions.
Isnād analysis could indicate that some of this activity (perhaps the initial circulation, more likely the pre-Kulaynī textual adjustment) was associated with Ḥammād b. ʿĪsā. After the occultation, the text is subjected to extensive rewording as the Shīʿī doctrine (particular legal hermeneutics) stabilizes, with its eventual format being included in al-Sharīf al-Raḍī’s Nahj al-Balāgha.
The primary evidence within this historical sketch is, then, that the hermeneutic awareness found within the report indicates its formulation at, or perhaps just before the revolutionary work of al-Shāfiʿī. This can be gauged by numerous elements. First, there is the assumption that Quran and Sunna are the only sources of law – a position which is intimately associated with al-Shāfiʿī, notwithstanding the attempt to backdate it to earlier jurists. Second, there is the phenomenon of category pairings being listed together, as a sort of summary of the state of the revelatory corpus. Listing the available exegetical tools in this manner reveals a degree of hermeneutic awareness which one finds in embryonic form in the writings attributed to al-Shāfiʿī and, in particular, in his the Kitāb al-Umm.Footnote 58 This might push the report's initial circulation further into the ninth century, but this would, perhaps, be too speculative. It should be noted that I am not, here, arguing that ʿāmm and khāṣṣ as technical terms, and as a pair, were only evident from al-Shāfiʿī onward. I concur with Lowry that they were probably paired sometime in the late eighth century, and entered the juristic vocabulary then.Footnote 59 Rather, my argument is that the listing of these hermeneutic categories together, as a sort of “tool box” for the exegete, shows a level of interpretative self-awareness that is most likely to have emerged contemporary with (and arguably after the impact of) the work of al-Shafiʿī. If these texts of al-Shafiʿī can be securely dated to his lifetime (contra Calder's suspicions of organic growth),Footnote 60 then this report shows a similar (and perhaps even higher) level of hermeneutic sophistication. Hence the most appropriate context against which to understand the report is the late eighth/early ninth century ce, contemporaneous with (or perhaps a little later than) the challenge posed by al-Shāfiʿī’s new hermeneutics.Footnote 61 Second, there is the understanding demonstrated within the report of the hermeneutic mechanisms associated with these terms. Here, there are similarities with the interpretative currency of the tenth century, but also more than a little disjuncture. For example, the earlier versions of the report (Kitāb Sulaym, al-Faḍl, al-Kulaynī, Ibn Bābawayh) indicate an understanding of naskh in which the mansūkh is viewed as useless and hence not preserved by the transmitter. This position contrasts with later theory which consistently holds (across the various schools) that the mansūkh is preserved but cannot form the basis for action. This would indicate that in this early form, the report at least pre-dates the flourishing of legal theory in the tenth century. This and other phrasings which might indicate deviation from standard hermeneutic practice are cleaned up in the version present in the Nahj al-Balāgha.
If this version of the historical development of the report is accepted (even with minor adjustments), then there is an interesting corollary. The report seems to indicate that the activity of accurately preserving the Prophet's Sunna requires not just technical skills of memorization, but also the ability to recognize the legal significance of the material being preserved. This is why the fourth “reliable” transmitter type not only remembers verbatim what was said, but also is able to distinguish the nāsikh from the mansūkh and the ʿāmm from the khāṣṣ. Whilst the Imam may be the only true transmitter of the material implied here, it is not obvious and the mastery of the hermeneutic mechanisms described seems generally available to those who correctly apply themselves to the task. Al-Shāfiʿī himself recognizes that the transmitter does not merely transmit the material – he should be fully cognizant of what he transmits (ʿāqilan limā yuḥaddithu bihi); he should know what changes the meaning of the report from its wording. That is, he should both transmit it word for word, and he should know what it means. This view, unusual as it seems for the time, is congruent with the transmitter described in the report. The report, then, shows signs of an embryonic authority theory for a scholarly elite separate from (and perhaps in competition with) the Imams themselves. This doctrinal development, normally associated with the ghayba period might, on the evidence of this report, have been initiated in the period immediately following the death of Imam Jaʿfar al-Ṣādiq in the early ʿAbbāsid period.Footnote 62