Essential Difference

Foreword
September 28, 2023
Why Jafar al Sadiq?
September 28, 2023

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Essential Difference

 

Before delving into the depth of this research, it would be appropriate to differentiate between the term ‘Jafari School,’ which is written on the cover of this book, and the term ‘school of Jafar al Sadiq.’

The first is an established school at present. It has its own features, symbols, and supporters. Similarly, it has its own terminologies, preferences, and thesis which formed a Fiqhi school of thought with specific peculiarities with regards to Fiqh and beliefs. Sometimes the link to its initial founders (Imams of the school) is strong, while at other times it transcends to other structures and choices which are far from the opinion of the Imam, because of some reasons and considerations necessitated by social and political changes. Therefore, criticizing the school’s structures will not necessarily imply criticism of the Imam, except when it is certainly established that these structures are formed by him, aside from delving into the dispute of the authenticity of attributing the school to Jafar al Sadiq through historical and narrative methods.

However, if the second meaning is intended, i.e. school of Jafar al Sadiq, then, soon the discussion will take place with regards to his personality, ideology, expertise in Fiqh, and intellectual structures which he left behind that are far from the sectarian methods that arose after his demise. Thus, whether Jafar al Sadiq has an established school with pioneers from amongst the distinguished people and is prevalent amongst the masses or it remains scattered in books which are revived from time to time by dogmatic organizations in various places, the matter is the same, because the object of this research will be to judge the Imam of the school alone with regards to his principals, establishments, and structures and not the efforts of his followers or the Mujtahids[1] of the school that came after him. This is not the object of our research here.

This is an essential difference which needs special attention when discussing the Jafari School and its link to Jafar al Sadiq. Very few pay careful attention to this.

The Jafari School is known by this name. It is attributed to Jafar ibn Muhammad ibn ‘Ali ibn al Hussain ibn ‘Ali ibn Abi Talib, famously known as Jafar al Sadiq. He is the 6th in the chain of 12 Imams whom the Imami Ithna ‘Ashari Shia religiously follow and believe in, just as the followers of the prophets believe in their prophets.[2]

According to the Shia belief, Jafar al Sadiq is free of all major and minor sins. In fact, he is free from error and forgetfulness. The sanctity afforded to the Imam of the School is automatically transferred to the Jafari School, which is attributed to him.

Hence, when al ‘Allamah Muhammad Abu Zuhrah rahimahu Llah wrote a book about Jafar al Sadiq rahimahu Llah and expounded the moderate stance of the Ahlus Sunnah towards him, whilst criticizing the beliefs and Fiqhi rulings attributed to him which contradict the Qur’an and Sunnah, the Imami Shia al Sayed Hussain Yusuf Makki al ‘Amili (d. 1397AH) responded to him by saying:

 

مقتضى ما تقدم من كلامه أنه يدعو لأن نعتقد أن المذهب الجعفري ليس كله مقدسا ، وأن فيه آراء لاتعتمد على الكتاب والسنة وأنها قابلة للخطأ حتى لو كان قائلها مثل الإمام الصادق (ع) وهذا ما لانقره عليه لأن الإمام في عقيدتنا معصوم عن الخطأ فلا يجوز عليه أن يُخَطّأ في قول أو رأي ولا يقول قولا يخالف الكتاب والسنة اصلاً فأقواله وآراؤه واقعية يصيبها من يصيبها من العلماء و يُخَطّأ فيها من يخطئ فألخطأ جائز على غيره من العلماء سواء أكانوا من الإمامية أم من غيرهم واعتمدوا في آرائهم على الكتاب والسنة أم على غيرهما فإن من يستنبط من العلماء حكما من الكتاب والسنة قد يكون مخطئا في تطبيقهما على دعواه لتوهمه دلالتهماعلى ما يدّعي مع أنهما لايدلان عليه

According to what he said above, he claims that we should believe that the Jafari School is not sacred; that there are views in the School that do not conform with the Qur’an and Sunnah and that there is a possibility of error in it, even though it is advocated by al Imam al Sadiq. This is something we do not attest to, because an Imam is protected from error. Thus it is not permissible to accuse him of error in any view or opinion. He never utters any word contrary to the Qur’an and Sunnah. Hence, his views and opinions are reality. Those scholars who accept it are correct while those who find error in it are erroneous. To err is possible for all scholars besides him, whether they are from the Imamiyyah or not, and whether they relied on the Qur’an and Sunnah in their opinions or not. This is so because when any scholar formulates a ruling from the Qur’an and Sunnah, there is a possibility of him erring in his implementation for his claim. He might think that they indicate to his claim whereas they do not.[3]

 

The Imamiyyah scholars attribute their School to Jafar al Sadiq in subsidiary Fiqhi rulings and not to any of the other 12 Imams despite their profound belief in the authority of every single Imam, without distinguishing one Imams view from another. This is so because the opportunity to spread the knowledge of the Ahlul Bayt presented itself more to Jafar al Sadiq than any of his forefathers or offspring from amongst the 12 Imams.[4]

With regards to this, al Sayed Muhsin al Amin (d. 1284 AH) states in his book Ayan al Shia:

 

وكتم اهل البيت علومهم عن اكثر الناس ولم يبوحوا بها إلا لخواص أصحابهم خوفاً على دمائهم وقلَ المنتفع بهم والآخذ من علومهم ولكن فى أواخر الدولة الأموية و اوائل الدولة العباسية انتشرت علوم اهل البيت انتشارا عظيما وكثر الرواة عنهم والمقتبسون من علومهم ، لقلة الخوف بسبب ضعف اهل السلطنة و أشغالهم بتأسيس قواعد ملكهم كما هو الشأن في انقراض دولة ابتداء أخرى لا سيما مع كون الثانية هاشمية و ذالك في عصر الإمام محمد الباقر بن علي بن الحسين بن علي بن أبي طالب و ولده جعفر بن محمد الصادق لاسيما في عصر الثاني حتى قال الحسن بن علي الوشا من اصحاب الرضا ادركت في هذا المسجد (يعني مسجد الكوفة) تسعمائة شيخ كل يقول حدثني جعفر بن محمد ولذلك نُسِب مذهب الشيعة في الفروع إليه فقيل المذهب الجعفري كما يقال الحنفي و الشافعي

The Ahlul Bayt concealed their knowledge from most of the people and only disclosed it to their elite companions, out of fear for their lives. Very few benefitted and acquired knowledge from them. However, during the termination of the Umayyad Empire and the inception of the Abbasid Empire, their knowledge spread tremendously. Narrators and capturers of their knowledge also increased because of the lack of fear, due to the weakness of the state leaders and their preoccupation with establishing the basis of their kingdom, as is the case during the decline of one state and the inception of another, particularly because the new state was Hashemite. This transpired during the era of Muhammad al Baqir ibn ‘Ali ibn al Hussain ibn ‘Ali ibn Abi Talib and particularly, his son Jafar ibn Muhammad al Sadiq, to such an extent that Hassan ibn ‘Ali al Washa—one of the students of al Rida—said, “I have met 900 scholars in this Masjid, i.e. Masjid of Kufah, all of them would say that Jafar ibn Muhammad narrated to me. That is why, in subsidiary rulings, the Shia School is attributed to him. It used to be said ‘Jafari School’ just as people would say ‘Shafi’i’ and ‘Hanafi’.[5]

 

On the contrary, al Sayed ‘Ali al Milani claims that the Jafari fiqh spread naturally due to the academic movements of the Imami Shias and its expansion to various regions of the world. However, its final destination reached Jafar al Sadiq, for the formation of its Fiqhi identity. Thus, he states:

 

وتطورت هذه الفرقة وامتدت جذورها الى جميع الأقطار وانتشرت عقائدها في كل مكان واعتنقها طائفة كبيرة من التابعين فمن بعدهم رجعوا إلى أئمة أهل البيت فيما اشكل عليهم من الكتاب والسنة وعندهم درسوا وعنهم أخذوا فكان فيهم المفسرون والفقهاء والمحدثون و الزهاد والعلماء. حتى جاء دور الإمام جعفر بن محمد الصادق فأصل الأصول وشد الأركان فعرف مذهب هذه الفرقةبالمذهب الجعفري

This sect evolved and its roots spread to all regions. Its beliefs spread everywhere. A large group of Tabi’in and those after them embraced it. They would resort to the Imams of the Ahl al  Bayt in difficult matters pertaining to the Qur’an and Sunnah. People studied and acquired knowledge from them. This produced Mufassirin (commentators of the Qur’an), Fuqaha’ (jurists), Muhaddithin (experts in Hadith), ascetics, and scholars from amongst them until the advent of the era of Jafar al Sadiq. He then developed its principles and strengthened its pillars. Thus, this sect became famous as ‘the Jafari School’.[6]

 

What is the link between the school presently known as ‘the Jafari School’ and Ja’far al Sadiq?

I will borrow from al Marja’ al Dini’[7] ( the religious authority), the late al Sayed Muhammad Hussain Fadl Allah (d. 1431 AH) his beautiful expression pertaining to difficult issues which require careful study and research due to some grave concern around it. Thus, I say: There is a great concern which shrouds the narrative, historical, and Fiqhi legacy that formed the Jafari School, which prompts more than just a question mark around attributing this school to Jafar al Sadiq rahimahu Llah and the validity of designating the name ‘Jafari’ specifically to the Imami Ithna ‘Ashari Shias. The Jafaris in reality neither follow any established Fiqh of Jafar al Sadiq alone, nor any Fiqh whose rulings are agreed upon and composed by any infallible Faqih (jurist) according to them. One will see them—in practice—contradicting their view on Imamah and follow the views of their jurists (authority in Taqlid) knowing well that each one of the jurists has an established view, such that the followers of one jurist are not permitted (according to them) to follow another. There are such differences amongst them that it has caused uproar amongst their scholars before the masses.

Here is Abu Jafar al Tusi, who they award the title Sheikh al Ta’ifah (leader of the sect) saying:

 

وقد ذكرت ما ورد عنهم من الأحاديث المختلفة التي تختص الفقه في كتابي المعروف بألإستبصار وفي كتاب تهذيب الأحكام ما يزيد على خمسة آلاف حديث ذكرت في اكثرها اختلاف الطائفة في العمل بها وذالك اشهر من يخفى حتي لو تأملت اختلافاتهم في هذه الأحكام وجدته يزيد على إختلاف أبي حنيفة والشافعي والمالك

I have mentioned more than 5000 Ahadith, narrated from them, which specialize in Fiqh, in my book known as al Istibsar and the book Tahdhib al Ahkam. I have also mentioned the sect’s differences in practicing upon most of the Ahadith. It is too obvious to conceal. If one has to ponder on their differences in these rulings, one would find they exceed the differences between Abu Hanifah, Shafi’i, and Malik.[8]

 

These differences affirm the different sources of its origin as it is not possible that these disputed rulings amongst them—which are in such large numbers that they cannot match the differences between the four Mazhabs—could have originated from one source or Imam.

On the other hand, the Shia do not possess any book of Jafar al Sadiq, neither in fiqh nor in Hadith, which he authored or penned, or any of his close students compiled, which can be reverted to, being reassured that it is his work.[9] They do not have any reliable source wherefrom they can issue Fatwa except some narrations whose authenticity cannot be proven. In fact, they themselves attest to criticism and doubt in them.[10]

Regarding this, al Ustadh Ramiz Rizq of the Imamiyyah sect states:

 

من المسلم به والمتفق عليه بين علماء الإمامية أن أحدا من الأئمة الإثني عشر لم يترك كتابا في الفقه يمكن العودة اليه وما ينسب من كتب لبعض الأئمة لم تثبت صحته وجرى الجدل حوله دون أن يتوصل المتجادلون الى نتيجة علمية واضحة لذالك فالحديث بداية عن اهمية الأئمة و دورهم في نشوء الفقه هو شيء طبيعي ولكن التأكد من صحة ما نسب إلى كل إمام منهم يظل مسألة نسبية حسب صدق رواة الحديث و عدالتهم

It is an accepted and an undisputed fact, amongst the Imamiyyah scholars, that none of the 12 Imams left behind any book on Fiqh which one can resort to. As for those books which are attributed to some of the Imams, their authenticity is not proven. The controversy surrounding this has continued without the disputing parties coming to a clear intellectual conclusion. Therefore, the discussion about the importance of the Imams and their role in the emergence of Fiqh is a normal thing. However, to ascertain the authenticity of all that which is attributed to the Imams, is a relative matter, dependant on the honesty and integrity of the narrators.[11]

 

He also states:

 

البداية التاريخية لتميّز المذهب الشيعي الإمامي بفقهه وعقائده عن المذاهب الإسلامية الأخرى يمكن تتبعها ابتداء من الغيبة الصغرى سنة ٢٦٠ﻫ في هذه الفترة لم يبق امام معصوم ظاهر بين الناس ليعود اليه الشيعة والأتباع فتولي علماء الدين هذه المهمة واضطروا الى تجميع ما يمكن ان يسمى إرثا إماميا اي تلك المجموعة الهائلة من النصوص المنسوبة للأئمة بما فيها من أحاديث وخطب وحكم و فتاوى…الخ حيث بني عليها أوائل علماء الدين الشيعة إطارا مذهبيا أوليا يمكن التفريق بين ما يمكن أن يسمي فقها بشكله التفصيلي و ما يمكن أن يسمي بدايات لهذا الفقه من خلال التفاسير أو جمع بعض الأحاديث المختلفة دون هدف لها

The historical beginning, when distinguishing the Imami Shia School from other Islamic schools, tracks back to the minor disappearance in 260 AH. During this period there was no infallible Imam amongst the people to whom the Shia and their followers could resort to. Therefore, the scholars took up this task. They were compelled to compile what could be called ‘the Imami legacy’, i.e. that tremendous compilation of Ahadith, lectures, rulings and fatwas, etc., compiled from excerpts that were attributed to the Imams, whereupon the former Shia scholars built the initial religious framework. This made it possible to differentiate between Fiqh, in its detailed form, and what could be regarded as introductions to fiqh in the form of Tafsir (commentary of the Qur’an) or compilation of some different Ahadith with no target.[12]

 

What Ramiz Rizq has mentioned is confirmed by all the Imami books which discuss the role and development of the Imami Fiqh, as the phase when they were compiled by the authors, whose names follow hereunder, is regarded as the foundation and compilation phase of the narrative fiqh:

  • Muhammad ibn Yaqub al Kulayni (329 AH)
  • ‘Ali ibn al Hussain ibn Babawayh al Qummi (329 AH) and his son Muhammad ibn ‘Ali ibn Babawayh al Qummi (381 AH)
  • Jafar ibn Muhammad ibn Quluwayh (368 AH)
  • Al Hassan ibn Abi ‘Aqil al Hadhdha’ al ‘Umani (328 AH)
  • Ibn al Junaid al Iskafi (381 AH)
  • Muhammad ibn No’man al Mufid (413 AH)
  • Al Sharif al Murtada’ (436 AH)
  • Abu al Salah al Halabi (446 AH)
  • Sallar ibn ‘Abdul ‘Aziz (463 AH)

The reality which most are unaware of—Sunni and Shia—is that the name ‘Jafari School’ was not known until the era of the king Nadir Shah (1154 AH). He succeeded in holding a conference in Najaf, wherein some scholars (Sunni and Shia) from Iran and Iraq attended, and compelling them to prepare and organise a charter with the object of uniting the Islamic Mazhabs, and then signing it.

This was later known as ‘the charter of Najaf’, dated 21-24 Ramadan 1156 AH. The first clause included in this charter was to acknowledge the Jafari School as the fifth Mazhab of the Muslims. Thus, this was the first time this name was mentioned, alongside the four Mazhabs, i.e.  Hanafi, Maliki, Shafi’i, and Hanbali.

This name was not known to the Shia Imami scholars or their followers before this. In fact the common name amongst the Imami jurist was ‘Imami Fiqh’ or ‘Imami Mazhab’.

In this regard, al Sharif al Murtada (436 AH), while reporting in his book al Intisar, the peculiarities of this sect compared to the majority of the Muslims, in some Fiqhi rulings which are not known to Jurists of other Mazhabs, mentions the following phrases repeatedly, ‘the Imamiyyah alone hold this view.’ This is how he interprets the peculiarities of the School.

Al Muhaqqiq al Hilli named his Fiqh book al Mukhtasar al Nafi fi Fiqh al Imamiyyah.[13]

Similar is the case of Ibn al Mutahhar al Hilli in all his writings,[14] most famous being Tahrir al Ahkam al Shariah Ala Mazhab al Imamiyyah, concerning which he states in the condensed version, “a very good book. We have extracted subsidiary rulings in it, to which we have not been surpassed, despite its conciseness.”

Muhammad ibn Makki al ‘Amili (786 AH)—known as al Shahid al Awwal (the first martyr)—named his first book in Fiqh al Durus al Shariah fi Fiqh al Imamiyyah and the second book as al Lumah al Dimishqiyyah fi Fiqh al Imamiyyah, the commentary thereof, al Rawdah al Bahiyyah, is regarded as the most important manual in Fiqhi research in present day academic seminaries.

Similar is the case of al Miqdad al Sayuri al Hilli (826 AH). He named his book about the rules of Fiqh as Nadd al Qawaid al Fiqhiyyah ala Mazhab al Imamiyyah.

The object here is that the name ‘Jafari School’ is an invented name. It was neither known nor approved by the leaders of the Shia, let alone it being prevalent and accepted during the era of Jafar al Sadiq or his followers.

 

NEXT⇒ Why Jafar al Sadiq?


[1] A legist formulating independent decisions in legal and theological matters, based on the interpretations and application of the four Usul, as opposed to a muqallid.

[2] In affirmation of this, Ayatollah Muhammad Asif Muhsini states in Sirat al Haqq (3/273):

متابعة اهل البيت النبي  واجبة على جميع الأمة كوجوب متابعة النبي الأكرم والأخذ بأقوالهم سواء اسندوها الي النبي الأكرم ام لا فرض علي عامة المكلفين فلوعارضه نقل صحابي او قوله يسقطان لامحالة كمل يسقط ما عارض من قول النبي الأكرم فلا يجوز للمسلمين الرجوع في دينهم الى غىر هؤلاء كائنا من كان بل لابد من الإقتصار على أقوالهم والعمل بآثارهم وحدها وهذا دليل آخر على حقية مذهب الشيعة وبطلان مذهب الجمهور في أصولهم و فروعهم

To follow the Ahlul Bayt is compulsory on the whole Ummah just as it is compulsory to follow the Prophet salla Llahu ‘alayhi wa sallam. To accept their views, whether it is linked to the Prophet salla Llahu ‘alayhi wa sallam or not, is compulsory on every obliged person. If any Companion’s radiya Llahu ‘anhum transmission or view contradicts their view then it will definitely be rejected, just as it would be rejected if it contradicted the Prophet’s salla Llahu ‘alayhi wa sallam view. Therefore it is not permissible for the Muslims to resort to anyone besides them (Ahlul Bayt), whoever it may be. In fact it is necessary to suffice on their views and practice on what is transmitted from them only. This is another proof for the validity of the Shia School and the falsehood of the Schools of the majority, in Fundamental and subsidiary rulings.

‘Abbas Yazdani states in al Aql al Fiqhi (pg. 48):

ان فقهاء الشيعة لا يرون علم الإمام من قبيل الإجتهاد بل بتعليم النبي والإلهام من قبل الله تعالى ولذالك فإن كلماتهم بمنزلة الوحي الإلهي

The Shia jurists do not regard the knowledge of the Imam as Ijtihadi (acquired through scholarly discretion), but through the teaching of the Prophet salla Llahu ‘alayhi wa sallam and divinely inspired. Therefore their speech is on the level of Divine Revelation.

[3] Aqidat al Shia fi al Imam al Sadiq, pg. 17-18.

[4] Wa Rakabtu al Safinat, pg. 535.

[5] Al Husun al Maniah, pg. 17; Ayan al Shia, 1/25

[6] Dirasat fi al Kitab al Abaqat, printed with Khulassat Abaqat al Anwar, 1/14, 15.

[7] Al Marja’ al Dini or Ayatollah al ‘Uzma in the terminology of the Ithna ‘Ashariyyah Shia refers to that person who has reached the stage of Ijtihad in deducing Shar’i rulings and embarks upon issuing Fatwa to the masses by spreading his Fiqhi views in a treatise known as al Risalah al Amaliyyah which he directs to all his followers throughout the world. It is necessary for them to follow and practice on its laws in the light of what the Marja’ adopted. Usually these Fiqhi rulings are preceded with the phrase, ‘any action of a common person without Taqlid and Ihtiyat is void’, emphasising the meaning that any good action carried out by a common person that is not assigned to a reliable Marja (religious authority) or Ijthad of a Mujtahid , is void even though it conforms with the Shari’ah. We have mentioned earlier, the difference between the titles Ayatollah and Ayatollah al ‘Uzma. The first refers to a Mujtahid who has no followers, whereas a Mujtahid who has followers is referred to as ‘al Marja’ al Dini.

[8] Al Uddah fi Usul al Fiqh, 1/138.

[9] Except that which is called al Usul al Arbaah Mi’ah. Concerning this, a detailed discussion will follow.

[10] Usturat al Mazhab al Jafari, pg. 910.

[11] Qira’ah fi Tarikh al Fiqh al Imami wa Tatawwurihi, pg. 6.

[12] Ibid., pg. 8.

[13] He says in the forward, “In this condensed version, I will present the synopsis of the Mutabar (reliable) School with deep words and liberated phrases, which will successfully lead you to its elite and connect you to its members, sufficing on the paths that open up to me and proofs that become evident. If you adorn your mind with its melodies and focus your view on its meanings, you will definitely succeed in your quest and you will be amongst the bearers of the School.”

One can see that what he terms as Mu’tabar School, refers to the Imami Mazhab, which is the title of his book.

[14] It is stated in the forward of Nihayat al Ihkam: This is a book called Nihayat al Ihkam fi Marifat al Ahkam. In it I have summarised the fatwas of the Imamiyyah briefly.

It is stated in the forward of Tadhkirat al Fuqaha’: In this book called Tadhkirat al Fuqaha’, we intend summarising the fatwas of the scholars and mention the principles of the jurists in the most correct way, with the most reliable proofs; and the most truthful and clear views. This is the method of the Imamiyyah, who receive their Din through Divine revelation and knowledge, not through opinion and Qiyas (reasoning) or through Ijtihad of people, in a brief and concise manner whilst abstaining from prolongation and making it voluminous.

It is stated in Muntaha al Matlab: When Allah subhanahu wa ta ‘ala bestowed upon us the opportunity to discuss the Shari’ah and religion of Muhammad salla Llahu ‘alayhi wa sallam in the most correct and truthful manner, the most complete and reliable way known, which is the way of the Imamiyyah, who hold onto the views of the Imams that are free from mistakes in their  speech and action, we desired to write a constitution in this field which encompasses its objectives and includes its benefits, in a concise and brief way without prolonging it. Together with this, we will mention the differences amongst our companions and indicate to the school of the famous opposition.

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Essential Difference

 

Before delving into the depth of this research, it would be appropriate to differentiate between the term ‘Jafari School,’ which is written on the cover of this book, and the term ‘school of Jafar al Sadiq.’

The first is an established school at present. It has its own features, symbols, and supporters. Similarly, it has its own terminologies, preferences, and thesis which formed a Fiqhi school of thought with specific peculiarities with regards to Fiqh and beliefs. Sometimes the link to its initial founders (Imams of the school) is strong, while at other times it transcends to other structures and choices which are far from the opinion of the Imam, because of some reasons and considerations necessitated by social and political changes. Therefore, criticizing the school’s structures will not necessarily imply criticism of the Imam, except when it is certainly established that these structures are formed by him, aside from delving into the dispute of the authenticity of attributing the school to Jafar al Sadiq through historical and narrative methods.

However, if the second meaning is intended, i.e. school of Jafar al Sadiq, then, soon the discussion will take place with regards to his personality, ideology, expertise in Fiqh, and intellectual structures which he left behind that are far from the sectarian methods that arose after his demise. Thus, whether Jafar al Sadiq has an established school with pioneers from amongst the distinguished people and is prevalent amongst the masses or it remains scattered in books which are revived from time to time by dogmatic organizations in various places, the matter is the same, because the object of this research will be to judge the Imam of the school alone with regards to his principals, establishments, and structures and not the efforts of his followers or the Mujtahids[1] of the school that came after him. This is not the object of our research here.

This is an essential difference which needs special attention when discussing the Jafari School and its link to Jafar al Sadiq. Very few pay careful attention to this.

The Jafari School is known by this name. It is attributed to Jafar ibn Muhammad ibn ‘Ali ibn al Hussain ibn ‘Ali ibn Abi Talib, famously known as Jafar al Sadiq. He is the 6th in the chain of 12 Imams whom the Imami Ithna ‘Ashari Shia religiously follow and believe in, just as the followers of the prophets believe in their prophets.[2]

According to the Shia belief, Jafar al Sadiq is free of all major and minor sins. In fact, he is free from error and forgetfulness. The sanctity afforded to the Imam of the School is automatically transferred to the Jafari School, which is attributed to him.

Hence, when al ‘Allamah Muhammad Abu Zuhrah rahimahu Llah wrote a book about Jafar al Sadiq rahimahu Llah and expounded the moderate stance of the Ahlus Sunnah towards him, whilst criticizing the beliefs and Fiqhi rulings attributed to him which contradict the Qur’an and Sunnah, the Imami Shia al Sayed Hussain Yusuf Makki al ‘Amili (d. 1397AH) responded to him by saying:

 

مقتضى ما تقدم من كلامه أنه يدعو لأن نعتقد أن المذهب الجعفري ليس كله مقدسا ، وأن فيه آراء لاتعتمد على الكتاب والسنة وأنها قابلة للخطأ حتى لو كان قائلها مثل الإمام الصادق (ع) وهذا ما لانقره عليه لأن الإمام في عقيدتنا معصوم عن الخطأ فلا يجوز عليه أن يُخَطّأ في قول أو رأي ولا يقول قولا يخالف الكتاب والسنة اصلاً فأقواله وآراؤه واقعية يصيبها من يصيبها من العلماء و يُخَطّأ فيها من يخطئ فألخطأ جائز على غيره من العلماء سواء أكانوا من الإمامية أم من غيرهم واعتمدوا في آرائهم على الكتاب والسنة أم على غيرهما فإن من يستنبط من العلماء حكما من الكتاب والسنة قد يكون مخطئا في تطبيقهما على دعواه لتوهمه دلالتهماعلى ما يدّعي مع أنهما لايدلان عليه

According to what he said above, he claims that we should believe that the Jafari School is not sacred; that there are views in the School that do not conform with the Qur’an and Sunnah and that there is a possibility of error in it, even though it is advocated by al Imam al Sadiq. This is something we do not attest to, because an Imam is protected from error. Thus it is not permissible to accuse him of error in any view or opinion. He never utters any word contrary to the Qur’an and Sunnah. Hence, his views and opinions are reality. Those scholars who accept it are correct while those who find error in it are erroneous. To err is possible for all scholars besides him, whether they are from the Imamiyyah or not, and whether they relied on the Qur’an and Sunnah in their opinions or not. This is so because when any scholar formulates a ruling from the Qur’an and Sunnah, there is a possibility of him erring in his implementation for his claim. He might think that they indicate to his claim whereas they do not.[3]

 

The Imamiyyah scholars attribute their School to Jafar al Sadiq in subsidiary Fiqhi rulings and not to any of the other 12 Imams despite their profound belief in the authority of every single Imam, without distinguishing one Imams view from another. This is so because the opportunity to spread the knowledge of the Ahlul Bayt presented itself more to Jafar al Sadiq than any of his forefathers or offspring from amongst the 12 Imams.[4]

With regards to this, al Sayed Muhsin al Amin (d. 1284 AH) states in his book Ayan al Shia:

 

وكتم اهل البيت علومهم عن اكثر الناس ولم يبوحوا بها إلا لخواص أصحابهم خوفاً على دمائهم وقلَ المنتفع بهم والآخذ من علومهم ولكن فى أواخر الدولة الأموية و اوائل الدولة العباسية انتشرت علوم اهل البيت انتشارا عظيما وكثر الرواة عنهم والمقتبسون من علومهم ، لقلة الخوف بسبب ضعف اهل السلطنة و أشغالهم بتأسيس قواعد ملكهم كما هو الشأن في انقراض دولة ابتداء أخرى لا سيما مع كون الثانية هاشمية و ذالك في عصر الإمام محمد الباقر بن علي بن الحسين بن علي بن أبي طالب و ولده جعفر بن محمد الصادق لاسيما في عصر الثاني حتى قال الحسن بن علي الوشا من اصحاب الرضا ادركت في هذا المسجد (يعني مسجد الكوفة) تسعمائة شيخ كل يقول حدثني جعفر بن محمد ولذلك نُسِب مذهب الشيعة في الفروع إليه فقيل المذهب الجعفري كما يقال الحنفي و الشافعي

The Ahlul Bayt concealed their knowledge from most of the people and only disclosed it to their elite companions, out of fear for their lives. Very few benefitted and acquired knowledge from them. However, during the termination of the Umayyad Empire and the inception of the Abbasid Empire, their knowledge spread tremendously. Narrators and capturers of their knowledge also increased because of the lack of fear, due to the weakness of the state leaders and their preoccupation with establishing the basis of their kingdom, as is the case during the decline of one state and the inception of another, particularly because the new state was Hashemite. This transpired during the era of Muhammad al Baqir ibn ‘Ali ibn al Hussain ibn ‘Ali ibn Abi Talib and particularly, his son Jafar ibn Muhammad al Sadiq, to such an extent that Hassan ibn ‘Ali al Washa—one of the students of al Rida—said, “I have met 900 scholars in this Masjid, i.e. Masjid of Kufah, all of them would say that Jafar ibn Muhammad narrated to me. That is why, in subsidiary rulings, the Shia School is attributed to him. It used to be said ‘Jafari School’ just as people would say ‘Shafi’i’ and ‘Hanafi’.[5]

 

On the contrary, al Sayed ‘Ali al Milani claims that the Jafari fiqh spread naturally due to the academic movements of the Imami Shias and its expansion to various regions of the world. However, its final destination reached Jafar al Sadiq, for the formation of its Fiqhi identity. Thus, he states:

 

وتطورت هذه الفرقة وامتدت جذورها الى جميع الأقطار وانتشرت عقائدها في كل مكان واعتنقها طائفة كبيرة من التابعين فمن بعدهم رجعوا إلى أئمة أهل البيت فيما اشكل عليهم من الكتاب والسنة وعندهم درسوا وعنهم أخذوا فكان فيهم المفسرون والفقهاء والمحدثون و الزهاد والعلماء. حتى جاء دور الإمام جعفر بن محمد الصادق فأصل الأصول وشد الأركان فعرف مذهب هذه الفرقةبالمذهب الجعفري

This sect evolved and its roots spread to all regions. Its beliefs spread everywhere. A large group of Tabi’in and those after them embraced it. They would resort to the Imams of the Ahl al  Bayt in difficult matters pertaining to the Qur’an and Sunnah. People studied and acquired knowledge from them. This produced Mufassirin (commentators of the Qur’an), Fuqaha’ (jurists), Muhaddithin (experts in Hadith), ascetics, and scholars from amongst them until the advent of the era of Jafar al Sadiq. He then developed its principles and strengthened its pillars. Thus, this sect became famous as ‘the Jafari School’.[6]

 

What is the link between the school presently known as ‘the Jafari School’ and Ja’far al Sadiq?

I will borrow from al Marja’ al Dini’[7] ( the religious authority), the late al Sayed Muhammad Hussain Fadl Allah (d. 1431 AH) his beautiful expression pertaining to difficult issues which require careful study and research due to some grave concern around it. Thus, I say: There is a great concern which shrouds the narrative, historical, and Fiqhi legacy that formed the Jafari School, which prompts more than just a question mark around attributing this school to Jafar al Sadiq rahimahu Llah and the validity of designating the name ‘Jafari’ specifically to the Imami Ithna ‘Ashari Shias. The Jafaris in reality neither follow any established Fiqh of Jafar al Sadiq alone, nor any Fiqh whose rulings are agreed upon and composed by any infallible Faqih (jurist) according to them. One will see them—in practice—contradicting their view on Imamah and follow the views of their jurists (authority in Taqlid) knowing well that each one of the jurists has an established view, such that the followers of one jurist are not permitted (according to them) to follow another. There are such differences amongst them that it has caused uproar amongst their scholars before the masses.

Here is Abu Jafar al Tusi, who they award the title Sheikh al Ta’ifah (leader of the sect) saying:

 

وقد ذكرت ما ورد عنهم من الأحاديث المختلفة التي تختص الفقه في كتابي المعروف بألإستبصار وفي كتاب تهذيب الأحكام ما يزيد على خمسة آلاف حديث ذكرت في اكثرها اختلاف الطائفة في العمل بها وذالك اشهر من يخفى حتي لو تأملت اختلافاتهم في هذه الأحكام وجدته يزيد على إختلاف أبي حنيفة والشافعي والمالك

I have mentioned more than 5000 Ahadith, narrated from them, which specialize in Fiqh, in my book known as al Istibsar and the book Tahdhib al Ahkam. I have also mentioned the sect’s differences in practicing upon most of the Ahadith. It is too obvious to conceal. If one has to ponder on their differences in these rulings, one would find they exceed the differences between Abu Hanifah, Shafi’i, and Malik.[8]

 

These differences affirm the different sources of its origin as it is not possible that these disputed rulings amongst them—which are in such large numbers that they cannot match the differences between the four Mazhabs—could have originated from one source or Imam.

On the other hand, the Shia do not possess any book of Jafar al Sadiq, neither in fiqh nor in Hadith, which he authored or penned, or any of his close students compiled, which can be reverted to, being reassured that it is his work.[9] They do not have any reliable source wherefrom they can issue Fatwa except some narrations whose authenticity cannot be proven. In fact, they themselves attest to criticism and doubt in them.[10]

Regarding this, al Ustadh Ramiz Rizq of the Imamiyyah sect states:

 

من المسلم به والمتفق عليه بين علماء الإمامية أن أحدا من الأئمة الإثني عشر لم يترك كتابا في الفقه يمكن العودة اليه وما ينسب من كتب لبعض الأئمة لم تثبت صحته وجرى الجدل حوله دون أن يتوصل المتجادلون الى نتيجة علمية واضحة لذالك فالحديث بداية عن اهمية الأئمة و دورهم في نشوء الفقه هو شيء طبيعي ولكن التأكد من صحة ما نسب إلى كل إمام منهم يظل مسألة نسبية حسب صدق رواة الحديث و عدالتهم

It is an accepted and an undisputed fact, amongst the Imamiyyah scholars, that none of the 12 Imams left behind any book on Fiqh which one can resort to. As for those books which are attributed to some of the Imams, their authenticity is not proven. The controversy surrounding this has continued without the disputing parties coming to a clear intellectual conclusion. Therefore, the discussion about the importance of the Imams and their role in the emergence of Fiqh is a normal thing. However, to ascertain the authenticity of all that which is attributed to the Imams, is a relative matter, dependant on the honesty and integrity of the narrators.[11]

 

He also states:

 

البداية التاريخية لتميّز المذهب الشيعي الإمامي بفقهه وعقائده عن المذاهب الإسلامية الأخرى يمكن تتبعها ابتداء من الغيبة الصغرى سنة ٢٦٠ﻫ في هذه الفترة لم يبق امام معصوم ظاهر بين الناس ليعود اليه الشيعة والأتباع فتولي علماء الدين هذه المهمة واضطروا الى تجميع ما يمكن ان يسمى إرثا إماميا اي تلك المجموعة الهائلة من النصوص المنسوبة للأئمة بما فيها من أحاديث وخطب وحكم و فتاوى…الخ حيث بني عليها أوائل علماء الدين الشيعة إطارا مذهبيا أوليا يمكن التفريق بين ما يمكن أن يسمي فقها بشكله التفصيلي و ما يمكن أن يسمي بدايات لهذا الفقه من خلال التفاسير أو جمع بعض الأحاديث المختلفة دون هدف لها

The historical beginning, when distinguishing the Imami Shia School from other Islamic schools, tracks back to the minor disappearance in 260 AH. During this period there was no infallible Imam amongst the people to whom the Shia and their followers could resort to. Therefore, the scholars took up this task. They were compelled to compile what could be called ‘the Imami legacy’, i.e. that tremendous compilation of Ahadith, lectures, rulings and fatwas, etc., compiled from excerpts that were attributed to the Imams, whereupon the former Shia scholars built the initial religious framework. This made it possible to differentiate between Fiqh, in its detailed form, and what could be regarded as introductions to fiqh in the form of Tafsir (commentary of the Qur’an) or compilation of some different Ahadith with no target.[12]

 

What Ramiz Rizq has mentioned is confirmed by all the Imami books which discuss the role and development of the Imami Fiqh, as the phase when they were compiled by the authors, whose names follow hereunder, is regarded as the foundation and compilation phase of the narrative fiqh:

  • Muhammad ibn Yaqub al Kulayni (329 AH)
  • ‘Ali ibn al Hussain ibn Babawayh al Qummi (329 AH) and his son Muhammad ibn ‘Ali ibn Babawayh al Qummi (381 AH)
  • Jafar ibn Muhammad ibn Quluwayh (368 AH)
  • Al Hassan ibn Abi ‘Aqil al Hadhdha’ al ‘Umani (328 AH)
  • Ibn al Junaid al Iskafi (381 AH)
  • Muhammad ibn No’man al Mufid (413 AH)
  • Al Sharif al Murtada’ (436 AH)
  • Abu al Salah al Halabi (446 AH)
  • Sallar ibn ‘Abdul ‘Aziz (463 AH)

The reality which most are unaware of—Sunni and Shia—is that the name ‘Jafari School’ was not known until the era of the king Nadir Shah (1154 AH). He succeeded in holding a conference in Najaf, wherein some scholars (Sunni and Shia) from Iran and Iraq attended, and compelling them to prepare and organise a charter with the object of uniting the Islamic Mazhabs, and then signing it.

This was later known as ‘the charter of Najaf’, dated 21-24 Ramadan 1156 AH. The first clause included in this charter was to acknowledge the Jafari School as the fifth Mazhab of the Muslims. Thus, this was the first time this name was mentioned, alongside the four Mazhabs, i.e.  Hanafi, Maliki, Shafi’i, and Hanbali.

This name was not known to the Shia Imami scholars or their followers before this. In fact the common name amongst the Imami jurist was ‘Imami Fiqh’ or ‘Imami Mazhab’.

In this regard, al Sharif al Murtada (436 AH), while reporting in his book al Intisar, the peculiarities of this sect compared to the majority of the Muslims, in some Fiqhi rulings which are not known to Jurists of other Mazhabs, mentions the following phrases repeatedly, ‘the Imamiyyah alone hold this view.’ This is how he interprets the peculiarities of the School.

Al Muhaqqiq al Hilli named his Fiqh book al Mukhtasar al Nafi fi Fiqh al Imamiyyah.[13]

Similar is the case of Ibn al Mutahhar al Hilli in all his writings,[14] most famous being Tahrir al Ahkam al Shariah Ala Mazhab al Imamiyyah, concerning which he states in the condensed version, “a very good book. We have extracted subsidiary rulings in it, to which we have not been surpassed, despite its conciseness.”

Muhammad ibn Makki al ‘Amili (786 AH)—known as al Shahid al Awwal (the first martyr)—named his first book in Fiqh al Durus al Shariah fi Fiqh al Imamiyyah and the second book as al Lumah al Dimishqiyyah fi Fiqh al Imamiyyah, the commentary thereof, al Rawdah al Bahiyyah, is regarded as the most important manual in Fiqhi research in present day academic seminaries.

Similar is the case of al Miqdad al Sayuri al Hilli (826 AH). He named his book about the rules of Fiqh as Nadd al Qawaid al Fiqhiyyah ala Mazhab al Imamiyyah.

The object here is that the name ‘Jafari School’ is an invented name. It was neither known nor approved by the leaders of the Shia, let alone it being prevalent and accepted during the era of Jafar al Sadiq or his followers.

 

NEXT⇒ Why Jafar al Sadiq?


[1] A legist formulating independent decisions in legal and theological matters, based on the interpretations and application of the four Usul, as opposed to a muqallid.

[2] In affirmation of this, Ayatollah Muhammad Asif Muhsini states in Sirat al Haqq (3/273):

متابعة اهل البيت النبي  واجبة على جميع الأمة كوجوب متابعة النبي الأكرم والأخذ بأقوالهم سواء اسندوها الي النبي الأكرم ام لا فرض علي عامة المكلفين فلوعارضه نقل صحابي او قوله يسقطان لامحالة كمل يسقط ما عارض من قول النبي الأكرم فلا يجوز للمسلمين الرجوع في دينهم الى غىر هؤلاء كائنا من كان بل لابد من الإقتصار على أقوالهم والعمل بآثارهم وحدها وهذا دليل آخر على حقية مذهب الشيعة وبطلان مذهب الجمهور في أصولهم و فروعهم

To follow the Ahlul Bayt is compulsory on the whole Ummah just as it is compulsory to follow the Prophet salla Llahu ‘alayhi wa sallam. To accept their views, whether it is linked to the Prophet salla Llahu ‘alayhi wa sallam or not, is compulsory on every obliged person. If any Companion’s radiya Llahu ‘anhum transmission or view contradicts their view then it will definitely be rejected, just as it would be rejected if it contradicted the Prophet’s salla Llahu ‘alayhi wa sallam view. Therefore it is not permissible for the Muslims to resort to anyone besides them (Ahlul Bayt), whoever it may be. In fact it is necessary to suffice on their views and practice on what is transmitted from them only. This is another proof for the validity of the Shia School and the falsehood of the Schools of the majority, in Fundamental and subsidiary rulings.

‘Abbas Yazdani states in al Aql al Fiqhi (pg. 48):

ان فقهاء الشيعة لا يرون علم الإمام من قبيل الإجتهاد بل بتعليم النبي والإلهام من قبل الله تعالى ولذالك فإن كلماتهم بمنزلة الوحي الإلهي

The Shia jurists do not regard the knowledge of the Imam as Ijtihadi (acquired through scholarly discretion), but through the teaching of the Prophet salla Llahu ‘alayhi wa sallam and divinely inspired. Therefore their speech is on the level of Divine Revelation.

[3] Aqidat al Shia fi al Imam al Sadiq, pg. 17-18.

[4] Wa Rakabtu al Safinat, pg. 535.

[5] Al Husun al Maniah, pg. 17; Ayan al Shia, 1/25

[6] Dirasat fi al Kitab al Abaqat, printed with Khulassat Abaqat al Anwar, 1/14, 15.

[7] Al Marja’ al Dini or Ayatollah al ‘Uzma in the terminology of the Ithna ‘Ashariyyah Shia refers to that person who has reached the stage of Ijtihad in deducing Shar’i rulings and embarks upon issuing Fatwa to the masses by spreading his Fiqhi views in a treatise known as al Risalah al Amaliyyah which he directs to all his followers throughout the world. It is necessary for them to follow and practice on its laws in the light of what the Marja’ adopted. Usually these Fiqhi rulings are preceded with the phrase, ‘any action of a common person without Taqlid and Ihtiyat is void’, emphasising the meaning that any good action carried out by a common person that is not assigned to a reliable Marja (religious authority) or Ijthad of a Mujtahid , is void even though it conforms with the Shari’ah. We have mentioned earlier, the difference between the titles Ayatollah and Ayatollah al ‘Uzma. The first refers to a Mujtahid who has no followers, whereas a Mujtahid who has followers is referred to as ‘al Marja’ al Dini.

[8] Al Uddah fi Usul al Fiqh, 1/138.

[9] Except that which is called al Usul al Arbaah Mi’ah. Concerning this, a detailed discussion will follow.

[10] Usturat al Mazhab al Jafari, pg. 910.

[11] Qira’ah fi Tarikh al Fiqh al Imami wa Tatawwurihi, pg. 6.

[12] Ibid., pg. 8.

[13] He says in the forward, “In this condensed version, I will present the synopsis of the Mutabar (reliable) School with deep words and liberated phrases, which will successfully lead you to its elite and connect you to its members, sufficing on the paths that open up to me and proofs that become evident. If you adorn your mind with its melodies and focus your view on its meanings, you will definitely succeed in your quest and you will be amongst the bearers of the School.”

One can see that what he terms as Mu’tabar School, refers to the Imami Mazhab, which is the title of his book.

[14] It is stated in the forward of Nihayat al Ihkam: This is a book called Nihayat al Ihkam fi Marifat al Ahkam. In it I have summarised the fatwas of the Imamiyyah briefly.

It is stated in the forward of Tadhkirat al Fuqaha’: In this book called Tadhkirat al Fuqaha’, we intend summarising the fatwas of the scholars and mention the principles of the jurists in the most correct way, with the most reliable proofs; and the most truthful and clear views. This is the method of the Imamiyyah, who receive their Din through Divine revelation and knowledge, not through opinion and Qiyas (reasoning) or through Ijtihad of people, in a brief and concise manner whilst abstaining from prolongation and making it voluminous.

It is stated in Muntaha al Matlab: When Allah subhanahu wa ta ‘ala bestowed upon us the opportunity to discuss the Shari’ah and religion of Muhammad salla Llahu ‘alayhi wa sallam in the most correct and truthful manner, the most complete and reliable way known, which is the way of the Imamiyyah, who hold onto the views of the Imams that are free from mistakes in their  speech and action, we desired to write a constitution in this field which encompasses its objectives and includes its benefits, in a concise and brief way without prolonging it. Together with this, we will mention the differences amongst our companions and indicate to the school of the famous opposition.