Tadhkirat al-fuqaha' (book)

Tadhkirat al-fuqaha

Bibliographical Information
Author	Al-'Allama al-Hilli
Original title	تَذکِرَةَ الفُقَهاء
Language	Arabic
Series	1 vol.
Subject	Jurisprudence
Genre	demonstrative jurisprudence
Published	Tehran
Publisher	Al-Maktabat al-Murtadawiyya

Tadhkirat al-fuqahāʾ (Arabic: تَذکِرَةَ الفُقَهاء) was among Twelver Shi'a references in demonstrative jurisprudence written by al-'Allama al-Hilli (d. 726/1325).

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 was among the greatest Shi'a scholars of history. After al-Muhaqqiq al-Hilli who was the authority of Shi'a passed away in 676/1277, people chose al-'Allama al-Hilli for their authority and at the age of 28, he became the leader and authority of Shi'a. His debates and works made Sultan Muhammad Khudabanda convert to Shi'a and promote Shi'a in Iran. Al-'Allama al-Hilli had many works in jurisprudence, Usul, theology, philosophy, logics, supplication, etc.

Importance and Position

This book is among the most important books on comparative discursive jurisprudence and it has been a trustable reference for knowing the opinions and disagreements of Sunni scholars. In this book, al-'Allama al-Hilli often mentioned the opinions of al-Shaykh al-Tusi in al-Khilaf, al-Mabsut, Tahdhib al-ahkam and al-Nihaya and rarely mentioned opinions of other Shi'a scholars.

Goal of Writing

This book was written following the request of Fakhr al-Muhaqqiqin (d. 771/1369), son of al-'Allama al-Hilli.

Content

Like his other books, the author has divided the content of this book into four parts including:

• Acts of worship
• Transactions
• Unilateral Obligations
• Rulings

He then divides every part to chapters and every chapter to some sections and every section to several topics and every topic to subfields.

Chapters

The content of the book is discussed in 15 parts as below:

• Chapter on tahara (cleanness)
• From the beginning of the chapter on prayer until the end of actions
• The rest of the chapter on hajj up to the end of the chapter of Jihad
• From the bay' (sale) with cash and credit up to the end of the book of debts and its topics
• Discussions on mortgage and wardship
• Discussions on the guaranty, suretyship, transfer of debts, agency, confession and amicable settlement
• Chapter on trust keeping and its related issues, deposit, loan, partnership, found property and Ju'ala
• Discussions on hiring, farm letting, crop sharing, competition and arrow shooting
• Discussions on usurpation, reviving barren lands, gifts, charity and religious endowment
• Chapter on wills
• A part of discussions on marriage

Features

• Referring to general ijma' (consensus) in expressions such as 'Ammat al-'Ulama, Jumhur al-'Ulama, Jami' al-Fuqaha and Ajma' Ahl al-'Ilm
• Rejecting principles of Usul such as analogical deduction and juristic preference
• Referring to narrations of Imams (a)
• Referring to speeches of al-Shaykh al-Tusi and other Shi'a scholars such as Ibn Junayd, Ibn Abi 'Aqil, Ibn Barraj, al-Shaykh al-Saduq, Abu l-Salah al-Halabi, Sallar, Ibn Idris, Qutb Rawandi, other.
• Making benefit from the opinions of Companions and Followers in jurisprudence, such as Ibn 'Abbas, Ibn Mas'ud, Ibn Abi Layla, Sufyan al-Thuri, Ibrahim Nakha'i, Hasan al-Basri, Anas b. Malik, Mujahid, 'Ata' b. Abi Ribah.
• Benefiting from some general sources.
• Mentioning opinions of other sects such as Zaydis and Qasimiyya.
• Quoting from Muntaha l-matlab.

Mukhtasar al-Tadhkira

Tadhkirat al-fuqaha' was summarized by Ibn Mutawaj al-Bahrani, one of the greatest students of al-'Allama al-Hilli as Mukhtasar al-Tadhkira.

Copies

• Manuscript in the Ayatollah Mar'ashi Najafi Library with shelf number 3745 belonging to 720/1320, coded with letter (M) and is approved by the author.
• Manuscript in the Library of the Islamic Parliament with shelf number 1139 belonging to 767/1365 - 768/1366.
• The copy in the Library of Faydiyya School with shelf number 7121 belonging to 978/1570-1.
• The copy in the Library of the University of Tehran with shelf number 6666 belonging to 912/1506-7.
• The copy in Nasiri Library in Tehran belonging to 764/1362-3.
• Manuscript in the Library of Malik in Tehran with shelf number 2461 belonging to 916/1510-1.
• Manuscript in the Library of Astan Quds Razawi in Mashhad with shelf number 66.
• The copy in the Library of Faydiyya School with shelf number 70 belonging to 989/1581-2.
• The copy in the Library of Sipahsalar in Tehran with shelf number 2452 belonging to 972/1564-5.
• Another manuscript in the Ayatollah Mar'ashi Najafi Library belonging to 715/1315-6.
• Manuscript in the Library of Sulayman Khan School in Mashhad belonging to 976/1568-9.
• The copy in the Library of the University of Tehran with shelf number 289 belonging to 725/1324-5.
• Another manuscript in the Ayatollah Mar'ashi Najafi Library with shelf number 1611 belonging to 905/1499-500.
• Another copy in the Library of Faydiyya School with shelf number 441 belonging to 870/1465-6.
• The copy in the Library of Majd al-Din Nasiri with shelf number 263.

Printing

This book has been printed several times in Iran and Iraq including a recent edition including the research of Al al-Bayt Institute in Qom of which 12 volumes have been published. Many manuscript copies of it are also available in important libraries of the world. Also, the chapter on sale and a part of chapter on debts were published in 1374/1954 and 1375/1955 in Najaf which contained corrections and marginal notes of Sayyid Murtada Khalkhali and Shaykh Muhammad Rida al-Muzaffar.