Ṭūmār (10) Scholarly Reconstruction of Ḥadīth-Based Legal Sources in Imāmī Jurisprudence (2): From Takhrīj and Analysis to Comparison and Synthesis Case Study: al-Masʾala al-Thāmina ‛Ashar (Issue Eighteen) of al-Khilāf by Shaykh Ṭūsī
Document Type : pajoohesh
10.22081/jap.2025.77766
Abstract
This study aims to reconstruct, analyze, and critically hypothesize the Imāmī ḥadīth-based sources underlying Issue Eighteen of the “Ḥudūd” section in al-Khilāf by Shaykh Ṭūsī, where the jurist merely refers to “their reports” (akhbāruhum) without citing specific traditions. Through a circular, multi-step methodology—ranging from textual analysis to conceptual hypothesis—the researcher first engaged deeply with the legal formulation of the issue, its ruling, and Shaykh Ṭūsī’s reasoning, extracting key concepts and reconstructing the conceptual structure of his jurisprudential mindset. Using a specialized methodology of interpretive recovery (istidrāk), combining lexical and conceptual analysis, the study performs takhrīj (source tracing) to identify primary textual roots. This iterative process involves cross-referencing the conceptual elements of the issue with early ḥadīth sources, analyzing textual evolution from early compilations to al-Khilāf, and exploring the causes behind changes in narrative formulation. Ultimately, the author proposes two likely ḥadīth sources: (a) the ḥadīth of ʿAbbād al-Makkī and (b) the ḥadīth of Zurārah. Although the latter aligns with Shaykh Ṭūsī’s fatwā and appears in al-Kāfī and the works of Shaykh Ṣadūq, its absence in Ṭūsī’s own ḥadīth collections disqualifies it as his likely source. In contrast, the ḥadīth of ʿAbbād al-Makkī—transmitted via three distinct chains and conceptually aligned with the Qurʾānic rationale of the fatwā—is posited as the more plausible basis for Ṭūsī’s reference to akhbāruhum.
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