Özet:

This article deals with the book Kitāb Masā’il al-shuyū‘, authored by the famous jurist ‘Abd al-‘Azīz b. ‘Umar b. Māza al-Bukhārī (d. 536/1141), nicknamed as Ṣadr al-Shahīd, who lived in the later period of Karakhanids in Bukhārā. The study consists of two main sections, including an analysis (dirāsa) and a critical edition (taḥqīq) of the book. The analysis section opens with the life and scholarship of Ṣadr al-Shahīd. I have found that the author was a jurist and statesman within the large Burhān family, which reigned the city of Bukhārā for half a century. After studying with many scholars, especially his father, he rose to the rank of Shaykh al-Islām in Bukhārā. He made significant contributions to Islamic culture with his students and more than 20 books on various subjects. Among the several famous students of Ṣadr al-Shahīd are Raḍiyy al-Dīn Muḥammad b. Muḥammad as-Sarakhsī (d. 571/1176), Sharaf al-Dīn ‘Umar b. Muḥammad al-‘Aqīlī (d. 576/1180), Abū al-Ḥasan ‘Ali b. Abū Bakr al-Marghīnānī (d. 593/1197), and Burhān al-Dīn Maḥmūd b. Aḥmad al-Marghīnānī (d. 616/1219). In the study, I have also identified the libraries containing the works of Ṣadr al-Shahīd and reviewed the library records to learn more about the author’s oeuvre. Important books by Ṣadr al-Shahīd include: Sharḥ Adab al-qāḍī (a commentary on Adab al-qāḍī), al-Wāqi‘āt, Sharḥ al-Jāmi‘ al-ṣaghīr (a commentary on al-Jāmi‘ al-ṣaghīr), Sharḥ al-Jāmi‘ al-kabīr (a commentary on al-Jāmi‘ al-kabīr), Sharḥ al-Ziyādāt (a commentary on al-Ziyādāt), Sharḥ Mukhtaṣar ‘Iṣām (a commentary on Mukhtaṣar ‘Iṣām), Sharḥ Kitāb al-Nafaqāt (a commentary of Kitāb al-Nafaqāt), Sharḥ al-Mukhtaṣar al-Kāfī (a commentary on al-Mukhtaṣar al-kāfī), and Sharḥ Mukhtaṣar al-Ṭāḥāwī (a commentary on al-Mukhtaṣar). Ṣadr al-Shahīd died in 536/1141 in the Qaṭwan War between Sultan Sanjar and the Qarakhiṭays. The critical edition section analyzes the book’s content. Though the author could not determine the book’s title, it could be named Kitāb Masā’il al-shuyū‘ based on its content and bibliographical records in historical sources. The author likely wrote the treatise as a supplement to al-Mukhtaṣar al-kāfī, which was written by Ḥākim al-Shahīd (d. 334/945). It is a six-leaf treatise related to the laws of transactions, focusing particularly on shared financial property. In the treatise, the author quotes and conveys the views of Ḥanafi jurists from relevant sources and indicates preferred opinions. The treatise received attention from later Ḥanafi scholars, which is evident by the fact that Ibn Quṭluboghā (d. 879/1474) quoted the treatise in its entirety, with additions, in his Min masā’il al-shuyū‘. Eleven manuscript copies of the treatise exist, but I have reached only seven of them. I have divided these copies into two main groups—the first includes manuscripts preserved at Köprülü Library Fazıl Ahmad Pasha, no. 689, Süleymaniye Library Reisulkuttab, no. 1159, Süleymaniye Library Bağdatlı Vehbi, no. 2088, and Süleymaniye Library Şehid Ali Pasha, no. 1061. All the copies in this group draw upon a copy by Jamāl al-Dīn al-Ḥaṣīrī al-Bukhārī (d. 636/1238). The second group includes Qatar Library, no. 548 (834), Süleymaniye Library Sehid Ali Pasha, no. 2725, and Süleymaniye Library Âtif Efendi, no. 1030. In my study, I chose four copies of the manuscript—three from the first group (Köprülü Library Fazıl Ahmad Pasha, no. 689, Süleymaniye Library Reisulkuttab, no. 1159, Süleymaniye Library Bağdatlı Vehbi, no. 2088), and one from the second group (Qatar Library, no. 548). In the article, I studied Kitāb Masā’il al-shuyū‘ for both its content and style. I checked its references to identify its sources and clarified the concepts that came up in the text.

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