Where are the Legal Ḥadīth? A Study of the Muṣannaf of Ibn Abī Shayba

Abstract

Muṣannaf of Ibn Abī Shayba provides unparalleled access into the legal thought of the “Companions of ḥadīth” in 2nd/8th and early 3rd/9th century Iraq. his article consists of a quantitative analysis of 3628 narrations found in the Muṣannaf in the books on zakāt, divorce, and ḥadd crimes. It demonstrates that the Prophet Muḥammad was an important authority in the Muṣannaf, but that he appears in only 8.7% of the narrations examined. Furthermore, it shows that the “Companions of ḥadīth” relied upon the legal opinions of many of the same Companions and Successors whom Joseph Schacht identified as the primary authorities for the “Companions of raʾy”. It also identifies a division within the “Companions of ḥadīth” between those who, like Ibn Abī Shayba, categorically reject the opinions of post-Successor jurists, and others who accept them.