Zemahşerî’nin 'Ruûsu’l-Mesâil' İsimli Hilâf Türü Eserinin Tahlil Edilmesi

Abdülkadir TEKİN

Article Details

Zemahşerî’nin 'Ruûsu’l-Mesâil' İsimli Hilâf Türü Eserinin Tahlil Edilmesi

Authors:

Abdülkadir TEKİN

Publisher:

Hitit University

Main Topics:

Sociology and anthropology

Journal:

Journal of Divinity Faculty of Hitit University 2019 Vol.18 Issue 36, pp.465-496

Document Type:

Article

Publication Date:

12/2019

Document Language:

Turkish

Document ID (Org No.):

2000447785

Frequency:

Bi-Annual

eISSN:

2757-6949

Abstract:

 


Arap dili ve belâgatı konusunda otorite kabul edilmiş
bir şahsiyet olan Zemahşerî (ö.538/1143) çok yönlü bir âlimdir. Tefsir, fıkıh,
hadis ve kelâm gibi disiplinlerde de geniş bir ilme sahip olan Zemahşerî
itikatta koyu bir mu’tezilî olup, amelde ise Hanefî mezhebine mensuptur. Onun
fıkıhla ilgili kaleme almış olduğu “Ruûsu’l-mesâil” isimli eseri hilâf ilmi
açısından önemli bir yere sahiptir. Zemahşerî bu eserinde, mensubu olduğu
Hanefî mezhebinin Şâfiî mezhebinden farklı olan hükümlerini çoğunlukla herhangi
bir tercihte bulunmadan karşılıklı deliller bağlamında mukayeseli olarak
okuyucuya sunmaktadır. Bu yönüyle Zemahşerî’nin yaygın olarak bilinen diğer
yönlerinin yanında iyi bir fakîh olduğunu söylemek mümkündür. Zira iki tarafın
delillerini ortaya koymak suretiyle Hanefî ve Şâfiî mezhepleri arasındaki
ihtilafları muhtasar bir biçimde ortaya koyan bir eser kaleme almak, her iki
mezhebe de vâkıf olmayı gerektirir. Diğer eserlerinde itikâdî olarak mu’tezilî
taraftarlığı dikkat çeken ve bu yönde muhaliflerini sert bir dille eleştirdiği
göze çarpan Zemahşerî’nin bu eserinde amelde mensubu olduğu Hanefî mezhebi
noktasında aynı üslubu takip etmediği ve daha müsamahakar bir çizgi izlediğini
görmekteyiz. Müellifin bu yönüyle okuyucuya fürû’ fıkıhta mezhep taassubundan
uzak çok yönlü bir fıkıh düşüncesi kazandırmayı amaçladığını söylemek
mümkündür. Bu çalışmada fıkhın alt disiplinlerinden uzmanlık gerektiren hilâf
türünde muhtasar olarak kaleme alınan “Ruûsu’l-mesâil” isimli eseri bağlamında
Zemahşerî’nin fıkıhçılık yönü tespit edilmeye çalışılmıştır.


.

 


 Zamahsheri, a figure recognized as an
authority on the subject of Arabic language and literature, is a versatile
scholar. Zamahsheri, who has extensive knowledge in science such as commentary,
fıqh, hadith and kalam, is a dark Mutazıla in the belief and a member of the
Hanafi denomination in practice. His work titled “Ruus al-mashail”, which he
received a remnant of relevance to the jurisprudence, has an important place in
the science of the Dispute. In this work, Zamahsheri presents to his readers
the comparative provisions of the Hanafi sect, whose members are different from
those of the Shafi sect, mostly without any preference, in the context of
mutual proofs. It is possible to say that this aspect is a good jurist besides
other widely known aspects of Zemahsharı. In his other works, we see that he
did not follow the same style in the Hanafi sect, which is a member of the
operative in this work of Zemahsari, who is attracted to the mu'tazilian
supporters and criticized his opponents hardly, and is more tolerant. It is
possible to say that the author intends to make a multi-faceted fıqh thought
away from the confession of the reader in this direction. In this study, it was
tried to determine the direction of Zemahshari's fiqhism (jurisdiction) in the
context of his work "Ruus al-mashaıl", which in the field of dispute
science, which requires expertise from the subordinate disciplines of fiqh.

Summary

Zamahsherı
who came to the forefront with his competence in the fields of language,
eloquence and commentary, has many works in different fields and especially
fame with his exegesis called “al-Khessâf”. Zamahsherı has written his work
called “Ruus al-mashail” which contains controversial issues between Hanafi and
Shafi'i sects. His work titled “Ruus al-mashail”, which he received a remnant
of relevance to the jurisprudence, has an important place in the science of the
Dispute. There is no hesitation when this work belongs to Zamahsherı. The only
manuscript of this work dated a.h. 576 by Abdullah Nazır Ahmad has been
printed. This work is a rare work that reflects and reveals his relatively more
background-like jurist personality. This work reveals that Zamahsherı is also a
competent jurist among other widely known aspects. Because, by revealing the
evidence of the two sides, to obtain a work that reveals the controversies
between the Hanafi and Shafi sects in a clear form requires that both sects
have a claim. In this work, which was written at a time when there was a strong
sectarian commitment, we witnessed that Zamahsherı displayed a permissive
attitude and a mutilated approach without showing any commitment to the Hanafi
sect. 

Zamahsherı
used the sources in his work; “Qur'an-Sunnah/ Hadith-Sahaba Narratives,
Companions of Sahaba and Reason” we can be grouped into five groups. He used
126 ruling verses and 347 ruling hadiths as sources / evidence in his work. He
also included companions and natural narratives in his book and conveyed 77
different narratives in total. 

Zamahsherı
didn’t deal with all the subjects of fürû-i fiqh in his concise work called
Ruû'u’l-mesâil. He presented the main controversial issues between Hanafi and
Shafi'i sects in a comparative, easy, understandable and concise manner for
both the beginners of fiqh and the students who have come a long way in this
field. With these aspects, it is a precious work in which readers can have a
multi-faceted opinion about hundreds of issues and gain a general idea of fiqh.
In addition, we can clearly see that Zamahsherı pursues goals such as education
and abolish sectarianism and opening the door to exploiting the views of other
sects in daily practice.  Moreover, it is
seen that the Issues which are in different chapters and which have similar
provisions are gathered under a single chapter. These features also show that
the work is written for educational purposes, it is a method that provides
great benefit in the memory of the student's important provisions appear.

While
studying the subjects under the title of Zamahsherı after submitting the
verdict of Hanafi and Shafi sect, he presents the evidence of both sides. While
doing this, first of all the views of Abu Hanifa, then Shafi. But, in rare
cases, he mentioned the views and proofs of Shafi and then Abu Hanifa. He
approached Zemahshari issues objectively, conveyed the views and evidences of
both denominations as they are. He made no choice and didn’t enter into a
dispute or argument between the evidence. However, due to Zamahsherı Hanafi, he
tried to answer the objections against Hanafi views on the procedural grounds
in the framework of scientific-logical measures and tried to put forward some
reasons for not pursuing the sect. In this context, he also complied with the
tradition of controversy, which is the general characteristic of implicit
caliphate books, which made comparisons between evidences in some Issues. 

Zamahsherı
presented the matter with his style of asking questions and stripped from the
general method he followed in very few places, and then answered this.

In addition
to Abu Hanifa and Shafi, in his work, It also included the views of Abu Yusuf
and Muhammad al-Shayban and Enes the son of Malik. If there is a dispute about
the provision in the Hanafi sect, it did not include this conflict within the
sect. However, Zamahsherı mentions the issues that Abu Yusuf and Muhammad
al-Şhayban agree with Shafi, unlike Abu Hanifa, together with the evidence.

He after
giving some proofs on the subject in some of issues, if there is a closedness
in them, the conflict between Hanafi and Shafi sects and the explanation of
this issue made it easier to understand the issue. He also explained some of
the issues by making comparison with only the mental evidence. Furthermore, the
fact that the Hanafi and Shafi sects are separated from each other by not only
mentioning all the evidences of the two sides shows that Zamahsherı aims to
give the reader a broad idea of fiqh instead of teaching sectarian views.










.

Article Details

Zemahşerî’nin 'Ruûsu’l-Mesâil' İsimli Hilâf Türü Eserinin Tahlil Edilmesi

Authors: Abdülkadir TEKİN

Publisher: Hitit University

Main Topics: Sociology and anthropology

Journal: Journal of Divinity Faculty of Hitit University 2019 Vol.18 Issue 36, pp.465-496

Document Type: Article

Publication Date: 12/2019

Document Language: Turkish

Document ID (Org No.): 2000447785

Frequency: Bi-Annual

eISSN: 2757-6949

Issues

Authors:

Abdülkadir TEKİN

Publisher:

Hitit University

Main Topics:

Sociology and anthropology

Journal:

Journal of Divinity Faculty of Hitit University 2019 Vol.18 Issue 36, pp.465-496

Document Type:

Article

Publication Date:

12/2019

Document Language:

Turkish

Document ID (Org No.):

2000447785

Frequency:

Bi-Annual

eISSN:

2757-6949