The Distinguished jurist’s primer (Bidäyat Al-Mujtahid and Nihäyat Al-Muqtasid)

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It is another one of the “Ibn Rushd” (Averroes)’s valuable books which has been written in Arabic. This book includes the juridical subject which the author intends to relate and study the juridical injunctions that the scholars have disagreement or agreement about it. This book in its kind is a unique book. Both on subject and its brevity, the author mentions (in it) the different scholars’ words about each juridical subject and specifies which this specific opinion belongs to which group of scholars, specific to the Zahirites, Egypt scholars, etc. After citing the opinions, he ####chooses one of them and mentions it. At the beginning of the book, the author explains the ways of understanding the legal injunctions and mentions the causes of disagreement between the scholars. This book is in two volumes which each two volumes has been printed in one volume. The book, in spite of its importance, including the faults which its describers have later solved them, for example:
1- In this book the traditions have been related without documents, while knowing the document of tradition, its correctness and incorrectness, in documentation to tradition has considerable importance.

2- Sometimes are mentioned the traditions which are different with the word of whatever have been related in the tradition’s books.

One of this book’s explanations was written by Abdullah Al-Ebädi and published by the “Där Al-Islam Lel-Tabaqät wa Al-Bashar wa Al-Tozih” publishers, in 1992A.D. (1371S.H.).

The author’s brief biography:
Abu Al-Valid Mohammad the son of Ahmad Ibn Rushd, famous to Ibn Rushd was born in Cordoba one of the thought and science centers in Spain in 1126A.D./530A.H. He was trained in a family which was the cradle of science and “Sagacity” (the state of being learned in jurisprudence). His father and his father’s ancestor, both of them, were in charge of judge of all judges’ position in Andalusia. In the youth Ibn Rushd learned many sciences of his time and in mathematics, physics, astronomy, logic, philosophy and medicine got master. In 1153A.D. (548A.H.) he went to the Morocco by the invitation of Abdol Mo’men who intended to found the scientific schools, and at that place he wrote a book on General Medicine called “Al-Koliyät” (generalities). As it shows, Ibn Rushd by the Ibn Tufayl’s recommendation in the time of Abu “Yaqub”(Jacob) [the son and successor of Abdol Momen] who was educated and knew the philosophy explained the Aristotle’s words. His most famous book is his commentary on the Aristotle’s metaphysics book. In 1170A.D. (565A.H.) he got the judge of Seville and after two years, returned to Cordoba and took the change of the judge of judges position. After Abu Yaqub’s death in 1184A.D. (580A.H.) his son Abu “Joseph” (yusef) also called Al-Mansur got his successor. At first, he treat Ibn Rushd respectfully who gained high position, but after 10 years due to the public opinion’s pressure and or because of personal animates, Ibn Rushud was accused of heresy and atheism and suddenly lost the favor of caliph, therefore (caliph) ordered to burn his books. Then he with a group of philosophers and scholars was exiled to the Jewish clan, in 50-km of south – east of Cordoba called “Al-Siyäne”. Of course Ibn Rushd later was forgiven by caliph with the intercession of a group of great men of Seville and was invited to the Morocco. He died at the age of 72 in Morocco, in 12.1198A.D. (595.2). After three month his body was carried to the Cordoba and he was buried there.

The book structure:
1st volume: 399pages

-the book of purity’s invalidating [means the invalidate of “Wudu” (partial ablution) and “Ghusl” (full ablution) ],
-the book of “Wudu” (ritual partial ablution),
-the book of “Ghusl” (ritual full ablution),
-the book of “Tayammum” (ablution with earth or sand instate of water),
-the book of purity from impurity
-the book of “salät” (prayer),
-the book of dead person injunctions
-the book of “zakät Al-Fitr” (alms as prescribed by Islam),
-the book of fasting
-the book of jihad
-the book of “vows or swear” (ayman)
-the book of “taking oaths” (nuzur),
-the book of Immolations
-the book of slaughters
-the book of hunting
-the book of “Aqiqeh” (menas sacrifice of an animal on the occasion of a child’s birth),
-the book of eating and drinking

*2nd volume: 404 pages
-the book of marriage
-the book of divorce
-the book of “Vows of Abstention” (Iyl'a), [Iyl'a in a general word meaning oath, but in jurisprudence it has a special meaning, which is that in order to annoy his wife, a man recites a contract swearing that he will not have sexual intercourse with her ever again or for a fixed period (four months or more)].
-the book of “zahar” (kind of divorce means husband saying to the wife you are like the rear of my mother to me),
-the book of “L’än” (cursing in marriage),
-the book of "buying and selling" (boyu),
-the book of “Sarf” (buy in advance),
-the book of “Salam” (means buying or selling on credit),
-the book of “bey’ Al-khiyär” (option transition),
-the book of “bey’ murabaha” (kind of transaction),
-the book of “Ja’le” (Reward), [Reward in its essence is similar to the hiring of people. In hire, however, a specific person is hired to do a specific work in return for a specific sum, whereas in reward no certain person is hired. Instead, the hirer simply announces that whoever does a certain work for him (like finding his missing child, for example) will be paid a certain sum as a reward].
-the book of “AL-Qräz” (debts),
-the book of “Mosaqat”(agricultural partnerships for orchards),
-the book of partnership
-the book of “shofa’e”(right of precedence of one partner to buy the share of the other),
-the book of division
-the book of “rahons” (mortgages),
-the book of “hajr” (prohibition),
-the book of “sulh” (peace) [peace have concerns property affairs- it differs with the peace in political agreements],
-the book of bail (kefalat),
-the book of hawale (kind of liability or transfer), [hawale literally means transfer or change from a locality to another locality or form a person to another person or from a situation to another situation. Legally means a contract through which a debtor is released from a debt by another person who becomes responsible for it],
-the book of “wakalat” (representatives),
-the book of “ariyah” ( lending),[ Ariyah is that a person receives the property a second person in order to benefit from its benefits],
-the book of “qhasb” (“Misappropriation” ),
-the book of "esthqhäe ahkäme"(means rights’ injunctions),
-the book of “hebät” (giving or gift),
-the book of “farä’ez” (here means: inheritance),
-the book of freeing of slaves (itq),
-the book of “ketabat” (kind of acquiring freedom by purchase, by this way a slave settles an agreement with his owner that by paying a sum [or agreeing to pay a sum in the future] he will become free),
-the book of “maidservant who giving birth” (omahät oläd),
-the book of “crimes” (jenäyat),
-the book of “financial Recompense of souls” (diayat fi Al-Nofus),
-the book of “financial Recompense of the body organs” (diyät fimä don al-nofus),
-the book of “Al-qesäme” (swearings),
-the book of “adultery injunctions” (zenä),
-the book of qazf”(false accusation of intercourse- charging someone with adultery),
-the book of “serqat” (robbery),
-the book of “Al-qaziye” (arbitration).

Sources

The Distinguished jurist’s primer (Bidäyat Al-Mujtahid and Nihäyat Al-Muqtasid) by Abu Al-Valid Mohammad Ibn Rushd

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