Mukhtalaf al-Shi'a (book)

Mukhtalaf al-Shi'a

Bibliographical Information
Author	Al-'Allama al-Hilli
Original title	مُخْتَلَفُ الشّیعَة فی أحْکامِ الشّریعَة
Language	Arabic
Series	9 vol.
Subject	Jurisprudence

Mukhtalaf al-Shīʿa fī aḥkām al-sharīʿa (Arabic: مُخْتَلَفُ الشّیعَة فی أحْکامِ الشّریعَة) is a jurisprudential book in Arabic written by al-'Allama al-Hilli (d. 726/1325). The book is a complete course of comparative, demonstrative jurisprudence (jurisprudence) from issues of tahara (cleanliness) all the way to diyat. Mukhtalaf al-Shi'a is an encyclopedia of different fatwas in Shiite jurisprudence. In addition to issues of rijal and usul al-fiqh, it also discusses the most basic jurisprudential principles and theories a jurisprudent may need. Mukhtalaf al-Shi'a is one of the best-known and the most reliable jurisprudential works of al-'Allama al-Hilli.

Author

Main article: al-'Allama al-Hilli

Abu Mansur Jamal al-Din Hasan b. Yusuf b. Mutahhar al-Hilli, known as al-'Allama al-Hilli, is one of the greatest Shiite scholars. After the death of al-Muhaqqiq al-Hilli, the Shiite authority, in 676/1277-8, people consulted al-'Allama al-Hilli. Thus, he undertook the Shiite authority at the age of 28. His debates and work led Sultan Muhammad Khudabanda to tend towards Shi'ism and the propagation of Shi'ism in Iran. Al-'Allama al-Hilli wrote many books concerning fiqh, usul al-fiqh, beliefs (theology), philosophy, logic, supplications, and so on.

The writing of the book began before 697/1297-8. However, according to al-Dhari'a, the seven parts of the book were written in 10 years, between 699/1299-1300 and 708/1308-9.

Contents

Al-'Allama al-Hilli wrote the book in 7 general parts and 18 books; the parts are:

• Part 1: cleanliness and prayer

• Part 2: zakat, khums, fasting, and parts of hajj to issues of tawaf and sa'y

• Part 3: the rest of hajj and jihad

• Part 4: ijara (renting), gifts and its ancillaries, and parts of marriage to issues of mahr

• Part 5: the rest of marriage, emancipation and its ancillaries, judgeship, swearing and its ancillaries

• Part 6: hunting, slaughtering animals and their ancillaries, judgeship and testimonies, inheritance

• Part 7: hudud, qisas, and diyat.

Division of Volumes

• Volume 1: cleanliness (tahara)

• Volume 2: part of prayer

• Volume 3: the rest of the prayer section, zakat, and fasting

• Volume 4: hajj and jihad

• Volume 5: the business section and part of duyun (debts)

• Volume 6: the rest of debts, trusts, and ijara (renting)

• Volume 7: marriage, divorce and its ancillaries

• Volume 8: emancipation and its ancillaries, swearing and its ancillaries, hunting and its ancillaries, judgeship and its ancillaries

• Volume 9: fara'id, hudud, qisas, and diyat.

Commentaries and Expositions

Because of its significance and its particular methodology, many scholars and jurists wrote commentaries and expositions for Mukhtalaf al-Shi'a.

• Al-Muhaqqiq al-Karaki
• Sultan al-'Ulama'
• Al-Muhaqqiq al-Damad
• Mirza 'Abd Allah b. Mirza 'Isa al-Tabrizi al-Isfahani
• Mir Sadr al-Din b. Muhammad Baqir al-Radawi al-Qummi
• Hasan b. Zayn al-Din al-'Amili
• Muhammad 'Ali b. 'Abbas al-Balaghi al-Najafi
• Muhammad b.Hasan b. Zayn al-Din al-'Amili
• Al-Shaykh al-Baha'i
• Al-Sayyid Rafi' al-Din Muhammad b. Haydar al-Tabatab'i al-Na'ini
• Mulla Murad b. 'Ali Khan al-Tafrishi
• Fayd Allah b. 'Abd al-Qahir al-Husayn al-Tafrishi (Minhaj al-Shari'a)

Features

The book contains a complete course of Shiite jurisprudence in comparison with other works by al-'Allama al-Hilli. It is distinguished by al-'Allama's method of argument and his organization.

The book contains many fatwas and jurisprudential theories of scholars such as Ibn Junayd, Ibn Abi 'Aqil, 'Ali B. Babawayh al-Qummi, (al-Shaykh al-Saduq's father). Such views cannot be found in other jurisprudential works. thus, the book counts as a rare source for their views.

The views of some scholars, such as al-Shaykh al-Saduq's father cannot be found in any other works.

Manuscripts

The book has several manuscripts because of its reliability and the significance of its author. Al-Dhari'a refers to several manuscripts of the book, including:

• A number of manuscripts with the handwriting of Shaykh Washshah b. Muhammad b. 'Utayba, some of which were written during the life of al-'Allama al-Hilli between 717/1317-8 and 726/1325-6, and some were written after his death in 728/1327-8. The manuscripts are available in the library of Shaykh Muhammad Jawad al-Jaza'iri in Najaf, the library of 'Allama Sayyid Mahdi Al Haydar al-Kazimi in Kadhimiya, and the library of Astan Quds Razavi in Mashhad.

• The manuscript of endowed books of Shaykh 'Abd al-Husayn al-Tihrani in Karbala with the handwriting of Fadl Allah b. Muhammad in 974/1566-7. Its writer was probably a student of Ahmad al-Muqaddas al-Ardabili.

• A manuscript in the library of Mirza Baqir Shahidzada in Tehran with the handwriting of Washshah b. 'Ali b. Mahmud b. Musa in 724/1323-4.

• A manuscript in the library of Sayyid Muhammad Yazdi in Isfahan up to issues of prayer. It was written in 724/1223-4.

In the preface of Irshad al-adhhan, seven manuscripts are mentioned:

• The manuscript of Dar al-Kutub al-Wataniyya in Tabriz written in 697/1297-8.

• The manuscript of the library of Fakhr al-Din Nasiri in Tehran written by Ibrahim b. Yusuf al-Astarabadi in 702/1302-3. It was transcribed from the original manuscript with the handwriting of the author. Al-'Allama al-Hilli authorized the manuscript after it was read to him.

• The manuscript of the library of the University of Tehran, including the sections of zakat, khums, fasting and parts of hajj. It was written with the handwriting of the author in 700/1300-1.

• The manuscript of the library of Imam Rida (a) written in 701/1301-2.

• Another manuscript in the library of Imam Rida (a) written in 708/1308-9.

• A manuscript of the library of Majlis with the handwriting of Mahmud b. Abu Talib, al-'Allama al-Hilli's student, in 704/1304-5.

• A manuscript in the Library of Ayatollah Mar'ashi Najafi with the handwriting of Ja'far b. Husayn al-Astarabadi in 705/1305-6.

In the published version of the publications of Jami'a Mudarrisin, 7 manuscripts are used:

• The manuscript of the library of Majlis from the Tahara (cleanliness) section to the section of al-amr bi l-ma'ruf wa l-nahy 'an al-munkar (enjoining the good and forbidding the evil).

• Another manuscript in the Library of Majlis with the number 4225 from the Tahara section to the end of the section concerning debts.

• Another manuscript in the Library of Majlis.

• The manuscript of the National Library of Malek in Tehran, associated with the Library of Imam Rida (a).

• Another manuscript in the Malek National Library in Tehran.

• A manuscript in the Library of Fakhr al-Din Nasiri in Tehran with the handwriting of Ibrahim b. Yusuf al-Astarabadi in 702/1302-3 authorized by al-'Allama al-Hilli. The published version mostly relies on this mauncript.

• The previously published versions and its footnotes.