Differences in the studies of the Book and the Sunnah among the Usulists, collection, documentation, and study of Dr. Hisham Muhammad Al-Saeed

A specialized study that enables the student in the fundamentals of jurisprudence to understand precisely what he studies, by linking many details in one thread, so it sharpens the student's mind and grants him accuracy in deduction and strength in observation by making him capable of differentiating between the terminologies of the jurists and the terminologies of other researchers in the sciences of the Qur'an, Hadith, jurisprudence, and others; as well as enabling him to distinguish between ambiguous matters, and to differentiate between rulings in many issues and incidents, making it easy for him to understand the truths of terms and their secrets, the understandings of issues, their sources, their rulings, and their judgments. The book International Standard Book Number ISBN 978-603-8100-65-3 Language: Arabic Binding: Cardboard Type of paper: Japanese Shamua Number of pages: 636 Size: 17 x 24 cm Number of volumes: 1 Edition number: 1 Year of printing: 2014 Introduction Praise be to Allah, who encompassed everything with knowledge, and legislated the laws out of His grace, generosity, and bounty. Blessings and peace be upon the noble, chosen Prophet, the teacher and the selected messenger, and upon his family and companions who guided by truth and guidance. As for after: The science of the roots of jurisprudence is of great value, high status, combining transmission and reason, and accompanied by opinion and legislation, thus it is the measure of understanding and the sun of sciences. The scholars of the nation have taken care to classify and compile in this science, with their methods varying and their sources diverse, until it became established, matured, and completed, encompassing several discussions and various arts. Among the greatest of these arts, most profound in deduction, and most accurate in consideration, is the art of differences; through it, one can uncover the realities of terms and their secrets, understandings of issues, their sources, their rulings, and judgments. It is no wonder that it is among the essential sciences and a cornerstone of understanding. Given the great importance of this art and its vast benefits in the field of foundational studies, I was keen to make it the subject of my research at the master's level, focusing on the two topics of the Book and the Sunnah among the jurists, and thus chose this subject: "Differences in the Discussions of the Book and the Sunnah among the Jurists: Collection, Documentation, and Study." The motivations for choosing it include: 1- The importance of the topic; researching differences in all sciences and arts is among the noblest and most important tasks, because distinguishing between ambiguities and differentiating rulings in many issues and incidents relies on knowing, understanding, and clarifying those differences; concepts may sometimes be confused or similar in perception and understanding, so it is necessary to extract these concepts from such ambiguities caused by overlapping information and similar terminology, which answers many questions among students of the science of roots, whether specialists or others. Undoubtedly, failure to clarify the basis of the difference between two terms or issues may lead to errors and misjudgments. 2- Knowing the differences helps in understanding the sciences and the religious texts, and thus in correctly applying issues to what suits them, as this depends on understanding the differences. 3- These studies enable the learner to understand precisely what he studies, by linking many details in one thread, sharpening the student's mind, and enhancing his accuracy in deduction and strength in observation. 4- This topic differentiates between the terminology of the jurists and that of others in the sciences of the Qur'an, Hadith, jurisprudence, and others, as jurists and others share many terminologies with different intended meanings. Clarifying this reveals the origin of disagreements in many issues, which are based on this, in addition to clarifying the impossibility of dispute in some other issues. 5- The subject is characterized by precision, reliance on extensive reading, and careful observation, which require sharpening the mind, analyzing foundational books, and extracting those differences from their texts, often included in discussions of issues, as well as relating the presented topic to other sciences, namely: sciences of the Qur'an, sciences of the Sunnah, and related sciences of narration, all of which increase the benefit for the researcher by linking these sciences together. 6- The discussions of differences in all arts are rare and valuable, as Abu Hilal Al-‘Asqalani said: "Then I have not seen a type of science or an art of literature except that books have been written about it, gathering its parts and organizing its types, except for speech about differences between meanings that are close until their differences become unclear..." Jamal al-Din Al-Isnawi said: "Discussing issues with similar sources and converging points and different answers that diverge, stimulates the minds of the present and prompts them to grasp new insights, distinguishes the places of the virtues of the scholars, and the positions of the scholars..." Badr al-Din Al-Zarkashi said: "Knowing the collection and the difference, and upon that are the debates of the predecessors." As for the discussions of differences in the science of roots, it appears that the early scholars did not focus on presenting them separately, nor did they dedicate specific issues or chapters to guide to their sources in their writings, unlike other topics, except rarely. Perhaps this research will, God willing, cover part of those discussions, especially concerning the mutually agreed evidences (the Book and the Sunnah). 7- The novelty of the topic, as it is a delicate type of foundational discussions that no one, to my knowledge, has previously dedicated a comprehensive study to the differences mentioned by the jurists in discussions related to the mutually agreed evidences: the Book and the Sunnah. I saw collecting scattered material from their books and bringing it to the students of knowledge. Previous studies: From my review of related writings on this topic, I found no independent scientific paper or comprehensive research dedicated solely to its issues. The most comprehensive works by earlier scholars are collections of differences, such as Al-Furooq by Al-Qarafi, which mentions some differences related to the evidences without detailed follow-up or analysis. As for modern studies, I have only come across Dr. Abdul Latif bin Ahmed Al-Hamad’s thesis titled "Differences in the Roots of Jurisprudence," which mentions nineteen differences related to the discussions of the Book and the Sunnah among the jurists, and the researcher, with God's help, managed to compile fifty-six differences, more than double the mentioned number. In summary, the discussions of differences in the mutually agreed evidences among the jurists remain worthy of attention and follow-up, and are in urgent need of presentation and study through an independent thesis. Therefore, it is correct, God willing, to pursue these differences from their sources, organize them in one thread, so they are accessible, easy to handle, and contribute to bringing closer this important branch of the science of roots: the foundational differences. This study, God willing, will include a number of aims of authorship: gathering the scattered, clarifying the ambiguous, innovating, and creating. Research plan: This research is organized into an introduction, a prelude, four chapters, and a conclusion, detailed as follows: Introduction: Includes the following: 1. An appropriate opening and an announcement of the topic. 2. The importance of the topic and reasons for its selection. 3. An overview of previous studies. 4. The research plan. 5. The adopted research methodology. Preliminary: Includes the following two sections: First section: An introduction to the science of differences. Contains two points: - The reality and importance of the science of differences. - The origin, development, types, and writings in the science of differences. Second section: An introduction to the science of roots of jurisprudence differences. Contains two points: - The reality and importance of the science of roots of jurisprudence differences. - The origin, development, types, and writings in the science of roots of jurisprudence differences. Chapter One: Differences related to the evidence of the Book. Contains four discussions: First discussion: Differences related to the definition of the Qur'an. Includes four points: - The difference between the Book and the Qur'an. - The difference between the definition of the Qur'an among the jurists and among the theologians. - The difference between the Qur'an and the Noble Hadith. - The difference between the Qur'an and the Sacred Hadith. Second discussion: Differences related to recitations. Includes four points: - The difference between the Mutawatir and the Ahad recitation. - The difference between the seven letters and the seven readings. - The difference between the strange (shadh) reading among the jurists and among the scholars of recitation. - The difference between the strange reading and its evidentiary use. Third discussion: Differences related to the meanings of the Qur'an. Includes five points: - The difference between the clear (muhkam) and the ambiguous (mutashabih). - The difference between the ambiguous in the Qur'an and the ambiguous in rulings. - The difference between the issue of "the Qur'an containing what has no meaning" and "the Qur'an containing what its meaning is not understood." - The difference between Tafsir (exegesis) and Ta'wil (interpretation). - The difference between translating the meanings of the Qur'an and its interpretation. Fourth discussion: Differences related to issues needed by the jurist from the sciences of the Qur'an. Includes four points: - The difference between the reason for the revelation of the verse and the occasion of its revelation. - The difference between Makki and Madani surahs. - The difference between the arrangement of verses and the arrangement of surahs. - The difference between the issue of "stories in the Qur'an about previous nations" and "the legislation of those before us." Chapter Two: Differences related to the evidence of the Sunnah. Contains three discussions: First discussion: Differences related to the reality of the Sunnah. Includes two points: - The difference between the Sunnah among the jurists and others. - The difference between the Sunnah and the Hadith. Second discussion: Differences related to the actions of the Prophet ﷺ. Includes five points: - The difference between the sayings of the Prophet ﷺ and his actions. - The difference between the verbal act and the practical act. - The difference between what the Prophet ﷺ did as worship, as habit, and as innate nature. - The difference between following in the form of the act and following in the place of the act. - The difference between imitation, following, and agreement. Third discussion: Differences related to types of Sunnah. Includes three points: - The difference between the Prophet’s ﷺ handling of judgment, his handling of issuing fatwas, and his handling of leadership. - The difference between the issue of "whether the address directed to the Prophet ﷺ includes his nation" and "whether the address to a member of his nation includes others." - The difference between Hadiths of virtues and Hadiths of rulings. Chapter Three: Differences related to the topic of abrogation (Naskh). Contains three discussions: First discussion: Differences related to the reality of abrogation. Includes three points: - The difference between abrogation among the early scholars and the later scholars. - The difference between considering abrogation as lifting and considering it as clarification. - The difference between abrogation and increasing upon the text. Second discussion: Differences related to abrogation and its connection to other matters. Includes two points: - The difference between abrogation and Badaa (divine beginning). - The differences between abrogation, specification, exception, and restriction. Third discussion: Differences related to the faces of abrogation. Includes four points: - The difference between abrogating general rulings and abrogating specific ones. - The difference between abrogating recitation without ruling and vice versa. - The difference between abrogating the Qur'an by the Sunnah and vice versa. - The difference between abrogation to a substitute and to a non-substitute. Chapter Four: Differences related to the sciences of narration (Riwaayah). Contains four discussions: First discussion: Differences related to the reality of narration. Includes three points: - The difference between news (khabar) and command (amr). - The difference between narration and testimony. - The difference between narration and ijtihad. Second discussion: Differences related to the narrator. Includes four points: - The difference between criticism and praise. - The difference between an unknown person and an unknown state. - The difference between a narrator who is a jurist and one who is not. - The difference between the saying of the companion: "This is from the Sunnah" and the saying of the Tabi’i that: "This is from the Sunnah." Third discussion: Differences related to the narrated. Includes seven points: - The difference between mutawatir and ahad. - The difference between authentic (sahih) news for itself and for others, and good (hasan) news for itself and for others. - The difference between consideration, witness, and follow-up. - The difference between odd (shadh) and the increase of trust. - The difference between the Mursal (disconnected) among the jurists and the Muhaddithin. - The difference between the Mursal of the companion and that of non-companions. - The difference between narrating Hadith by meaning and omitting some of the Hadith. Fourth discussion: Differences related to methods of narration (acceptance and performance). Includes six points: - The difference between acceptance and performance. - The difference between "حدثنا" (we narrated to us), "حدثني" (he narrated to me), "أخبرنا" (we informed), and "أخبرني" (he informed me) in narration words. - The difference between listening and presentation. - The difference between "سمعت" (I heard), "قال" (he said), and "أمرنا" (we were commanded). - The difference between the sanad (chain) with explicit narration and the chain with ambiguous narration. - The difference between dissimulation of the sanad, dissimulation of teachers, and dissimulation of equalization. Conclusion: It will, God willing, reveal the most important results and recommendations. Sources verified. Indexes: 1. Index of verses. 2. Index of Hadiths and sayings. 3. Index of poetry. 4. Index of personalities. 5. Index of sects and schools. 6. Index of terms and concepts. 7. Index of topics. Research methodology: My approach to studying this subject follows the following methodology: First: The methodology of writing on the subject itself, which is clarified through the following: A - Research methodology, which includes: 1. Relying on authentic sources for each discussion as appropriate, benefiting from contemporary books when appropriate. 2. Maintaining academic integrity in transmission and documentation, acknowledging predecessors in establishing differences, citing evidence, discussing, or giving examples, either within the main text or in footnotes with source references, even if not quoted verbatim, with care to understand what I transmit, attribute, and cite to the eminent scholars. 3. Ensuring the connection between chapters and their titles, and the comprehensiveness of the chapter title for its discussions, and the comprehensiveness of the discussion for its points, with logical sequence throughout the entire thesis. 4. Prefacing each chapter, section, or point with clarifying remarks if needed. 5. Making each point start with "The difference between such and such," possibly comparing two or more similar items, which I have classified as differences among elements with some shared features requiring differentiation, then organizing them into chapters according to the order of evidences: the Book, then the Sunnah, then abrogation, then narration, considering them as common topics between the Book and the Sunnah, then dividing each chapter into several discussions containing several points, assigning each difference to a point. 6. If the difference involves two or more terms, I start by defining them linguistically, including morphological and derivational aspects and their linguistic meaning, then provide their technical definition, including definitions from scholars, explanations, and clarifications, leading to the chosen definition and its rationale. 7. Presenting information in my style, relying on the meanings from sources rather than their texts unless the context requires quoting verbatim, in which case I quote as is. 8. When studying disputed issues, I follow this approach: - Clarify the point of disagreement. - Present the opinions on the issue, showing the disagreement in light of these opinions, and citing who said each. - List all evidence for each opinion, after presenting the opinions, with an explanation of the evidence's significance. - Address objections and criticisms to the evidence, and respond immediately after citing the evidence. - Weigh the most plausible opinion based on the strength of its evidence or some of them, and the invalidity or weakness of other evidence. - Specify the type of disagreement: is it verbal or substantive, and note the practical implications if substantive. - State the reason for disagreement if possible. B - Methodology of studying differences and clarifying them as follows: 1. Analyzing differences in the works of the jurists, collecting and following them, and compiling from related sciences such as Qur'anic sciences, Hadith sciences, and the science of disagreement, trying to encompass what I can from that. 2. Making efforts to infer differences not explicitly mentioned, with evidence for such inference. 3. Mentioning the two issues or terms to be distinguished, with a general explanation. 4. Clarifying the similarities and agreements between the two issues or terms. 5. Listing the differences, documenting, explaining, and discussing them. 6. Showing scholars' positions on each difference, whether consensus or disagreement, and expressing my opinion on each, with references, discussion, and preference in case of disagreement. 7. Mentioning jurisprudential issues related to the differences, especially those based on the differences. Second: The methodology of commentary and marginal notes, which is clarified through: 1. Attributing verses to their surahs with verse numbers; if a verse is complete, I say: "Verse number (...) from Surah (...)," and if part of a verse, "from verse number (...) from Surah (...)." 2. Indicating who narrated the hadith or the effect with its wording or meaning, mentioning its source if in Sahihain or one of them, with details of the book, chapter, part, page, and hadith or effect number; if not in Sahihain, then from other sources, with the opinions of scholars on its authenticity or weakness. 3. Attributing poetry to its sources, verifying from the poet’s diwan if available, otherwise from accessible literary and language books. 4. Attributing scholars' texts and opinions directly from their books, or through intermediaries if unavailable, considering the age of the books in order. 5. Documenting opinions and schools of thought from their authors’ books or others if unavailable. 6. Documenting meanings linguistically based on dictionaries, referencing the root, volume, and page. 7. Documenting technical meanings from specialized terminology books or related scholarly works. 8. Clarifying unfamiliar words in the margin based on dictionaries and terminology books as above. 9. Introducing notable figures by mentioning their name, lineage, nickname, birthplace, death, and their famous arts and schools, along with their major works and sources of biography. 10. Introducing sects and schools by their well-known names, synonyms, origin, prominent figures, and distinctive opinions based on specialized books. 11. Referencing sources when quoting directly, mentioning volume and page (and details like publication date, place, publisher, etc., to be included in the sources list unless editions differ), and when quoting by meaning, precede with "See." Third: The methodology related to formal and organizational aspects and writing style, which is clarified through: 1. Careful editing of what needs correction. 2. Ensuring linguistic, grammatical, and spelling accuracy, with smooth and elegant style as much as possible. 3. Proper use of punctuation marks and their correct placement. 4. Careful selection of typographical characters as appropriate. 5. Presenting texts as follows: - Qur'anic verses between ﴿…﴾. - Hadiths and prophetic sayings between «…». - Texts from scholars between (…). In conclusion: I can only turn to Allah, the Almighty, for His facilitation, grace, blessing, and generosity, all praise be to Him, praise that matches His blessings and His increasing bounty. To my noble parents, my supplication to Allah, in secret and openly, that He reward them with the best of rewards, the most complete, and grant them abundant goodness and purity, and say: {My Lord, have mercy upon them as they raised me when I was small}. Then I turn to thank this blessed academic edifice: the College of Sharia at Imam Muhammad bin Saud Islamic University, represented by its esteemed professors, headed by: Dean of the College Dr. Ibrahim bin Abdullah Al-Ibrahim, and Head of the Department of Roots of Jurisprudence Prof. Dr. Iyad bin Nami Al-Sulami. Thanks are extended to all, may Allah reward them with His great grace. Special thanks and appreciation go to my noble Sheikh, Dr. Muhammad bin Abdul Razaq Al-Duweesh — associate professor in the Department of Roots of Jurisprudence and supervisor of this research — for his care and love of benefit, despite his many burdens and ongoing work. His thanks are the most generous, his praise the most fragrant, and his supplication the most sincere. May Allah bless him and guide his steps. Thanks also extend to everyone who helped complete this research, facilitated it, and made it easier with a word or phrase, for Allah alone is the bestower of reward with His grace and great kindness. And blessings be upon our Prophet Muhammad, his family, and companions, and all praise be to Allah, Lord of the worlds.