The Early Anafiyya and Kufa

Journal of Abbasid Studies 1 (2014) 23-45
brill.com/jas
The Early anafiyya and Kufa

Christopher Melchert
University of Oxford, UK
christopher.melchert@orinst.ox.ac.uk
Abstract
The anaf school of law is conventionally thought to have evolved out of an earlier
Kufan legal tradition, as the Mlik evolved out of an earlier Medinese. I have ques
tioned whether the early anaf school should be characterized as Kufan when Ab
anfa, Ab Ysuf, and Muammad b. alasan alShaybn seem to have all done
their most important work in Baghdad and when Kufan followers of theirs are practi
cally impossible to find, notably in anaf biographical dictionaries. To the contrary,
however, Nurit Tsafrir has insisted that Ab anfa did have numerous Kufan followers
and that anaf law had no need of being introduced to Kufa but evolved there as a
continuing local tradition. Here I survey three bodies of evidence for early anafism:
biographies of persons said to be followers of Ab anfa, the earliest anaf legal lit
erature, and anaf adth literature, mainly collections of adth allegedly transmit
ted by Ab anfa. The object is to come to a full accounting of where anafism was
transmitted. Much evidently depends on how to assess contradictory reports of some
figures friendliness or hostility toward Ab anfa and his doctrine. The biographical
and legal literature reveals no significant anaf presence in Kufa after Ab anfas
departure, but the adth literature is ambiguous.
Keywords
Schools of law biographical dictionaries adth transmission of knowledge
Introduction
The anaf school of law is conventionally thought to have evolved out of an

earlier Kufan legal tradition, as the Mlik evolved out of an earlier Medinese.
At the level of jurisprudence, especially the body of rules upheld by the anaf
school, this seems to be sound. Two of its three leading authorities, Ab anfa
koninklijke brill nv, leiden, 4|doi 10.1163/22142371-12340004

24 melchert
(d. 150/767) and Ab Ysuf (d. 182/798?), were indisputably active in Kufa
before they moved to Baghdad. There has still been little actual research into
the relation between second/eighth-century Kufan doctrine and third/ninth-
century and later anaf, but such as there has been tends to confirm Kufan
precedents for anaf positions.1 On the other hand, caution is suggested by
the way anaf law books do not call attention to a Kufan background as Mlik
law books call attention to a Medinese, also by the way fifth/eleventh-century
and earlier Arabic sources usually refer to anafism as Iraqi, not Kufan. The
present study is an investigation of how far we should consider the early anaf
school as having its centre in Kufa or Baghdad.
Here from 2004 is Nurit Tsafrirs restatement of the conventional wisdom
concerning how local legal traditions evolved into schools of law:2
The famous circles, apart from that of Ab anfa, included that of Ibn
Ab Layl, who is known for his support of reasoning as a legal method,
and those of the traditionists Sufyn alThawr and alasan b. li b.
ayy (d. 167/783). Of all the circles in Kufa, eventually only that of Ab
anfa survived. The spread of Hanafism in Kufa is thus different from its
spread elsewhere. In Kufa Hanafism was not an incoming legal tradition
that achieved dominance over local traditions; rather it was a local tradition
that gained preponderance over, and eventually eliminated, the others.
In a 1999 article, I questioned whether the early anaf school should be char
acterized as absorbing the rest of Kufan jurisprudence from within when Ab
anfa, Ab Ysuf, and Muammad b. alasan alShaybn (d. 189/804-5) all
seem to have done their most important work in Baghdad and when Kufan fol
lowers of theirs are practically impossible to find in early biographical diction
aries. The earliest extant biographical dictionary of the anaf school is that of
the q alusayn b. Al laymar (d. 436/1045). After reviewing the disciples
of Ab anfa, alaymar goes on to list twenty-four other leading figures in
the school up to Ab lasan alKarkh (d. 340/952). As I said in that previous
article,
Only one of the twenty-four seems to have been Kufan, an Egyptian qadi
said to have learnt jurisprudence from Ab Ysuf (therefore very likely, in
fact, Baghdadi in formation). Otherwise, they comprise ten figures from
Baghdad, seven from the Jibal, four from Basra, and one from Old Cairo,
1 For some beginning attempts, see Dutton, Innovation; Haider, Origins, esp. chaps 3-5; idem,
Geography; Sadeghi, Traveling; and Melchert, Basra and Kufa.
2 Tsafrir, History, 17. Cf., for example, Schacht, Schools, esp. 63.

The Early anafiyya and Kufa 25
with two others of whom almost nothing is known. Kufan anafiyya are
not missing only from Ibn Sad, then, for not even anaf sources indicate
a flourishing anaf school in Kufa.3
Tsafrir responds in a note,
But even if later development of Hanafism took place in Baghdad, it must

have originated elsewhere, on the basis of an existing legal tradition.
Baghdad, founded only around the middle of the second/eighth century,
could not provide such a tradition.4
It is, however, not the relation of anaf doctrine to the earlier Kufan tradition
that is here in dispute, rather whether anafism came to Kufa differently from
the way it came to other centers; whether, that is, it came from within or with
out (i.e., from Baghdad).
Tsafrir herself admits that there was significant, even predominating hostil
ity towards anafism in Kufa in the second half of the second Islamic century
(768-815 CE):
Hanafism was associated with Murjiism and with loyalty to the govern
ment. On the other side were the traditionists, who by and large sup
ported the right of the Alids to the caliphate and considered the current
ruler a usurper....The loyalty of the Hanafis in Kufa to the Abbsid gov
ernment, as opposed to the unpopularity of this government in tradition
ist circles, may have been an important motivation for the Abbasids to
sponsor the Hanafis, in spite of the fact that Ab anfas circle did not
enjoy a great deal of popularity in Kufa.5
This seems to me just except for the Hanafis in Kufa: the evidence suggests
strongly that the anafiyya of Baghdad would be more accurate.
The Followers of Ab anfa in the anaf Tradition: Biographies
A great difficulty is to identify the followers of Ab anfa. From the fourth/

tenth century onwards, the study of law was (1) distinct from the study of
3 Melchert, How anafism, 327.

4 Tsafrir, History, 125, n. 3. This seems unexceptionable; Ab anfa may have taken much
Kufan doctrine to Baghdad, Melchert, How anafism, 346.
5 Tsafrir, History, 27.

26 melchert
adth and (2) led to ones being authorized to give opinions after the doctrine
of one school. Earlier, however, law and adth were less distinct fields of study,
one might study both under multiple teachers, and the law one taught in turn
might be a synthesis of doctrine from several teachers and ones own sense of
things. Biographers were tempted to exaggerate the antiquity of their own
schools, also the number of early adherents. Tsafrir proposes to meet the diffi
culty by distinguishing between (1) real Hanafis, who fully devoted them
selves to spreading the doctrine of Ab anfa, and (2) semiHanafis, who
accepted some of Ab anfas teachings but rejected others. She proposes the
second category to account for persons complacently identified as anaf in
anaf sources but as rejecting anafism in non-anaf sources. It still seems
to me she systematically overcounts her real Hanafis. For example, she states,
In the Kitb alabaqt of Ibn Sad (d. 230/844), the fourth, fifth, and sixth
classes of the Kufis contain the biographies of those who died between
the years 130/747 and 180/796. Nine of them are semi-Hanafis and only
five, or 3% of the total, are Hanafis.6
I know of no earlier biographical source for the identification of the followers

of Ab anfa than this biographical dictionary by Ibn Sad (d. 230/845). These
are the eight men (not fourteen) he identifies with Ab anfa:7
Ab Ysuf d. Baghdad, VII/2, 73-74 VII,

182/798? 330-331
Asad b. Amr alBajal d. Kufa? 190/805-6 VII/2, 74 VII, 331
fiya b. Yazd alAwd d. after 170/786 VII/2, 74 VII, 331
Muammad alShaybn d. near Rayy, 189/804-5 VII/2, 78 VII, 336-337
Ysuf b. Ab Ysuf d. Baghdad, 192/808 VII/2, 78-79 VII, 337
Alusayn b. Ibrhm d. Baghdad, 216/831-2? VII/2, 87-88, VII, 348
b. alurr
Bishr b. alWald alKind d. Baghdad, 238/853 VII/2, 93 VII, 355
AlNar b. Muammad d. 183/800 VII/2, 105 VII, 373
alMarwaz

7 With page numbers in Ibn Sad, abaqt (references to Sachau edition in normal font, to the
Beirut edition italics).

Not one of these is in the section on Kufa. Five (the first three, Ysuf b. Ab
Ysuf, and Bishr b. alWald) were qs in Baghdad, three others are anyway in
Ibn Sads section on Baghdad, while the last is in the section on Khurasan. The
absence of men from Kufa casts doubt on Tsafrirs assertion that In Kufa
Hanafism was not an incoming legal tradition. Most of these eight are recog
nized by the anaf biographical tradition. Ysuf b. Ab Ysuf, alusayn b.
Ibrhm Ishkb, and Bishr b. alWald alKind are described as disciples to Ab
Ysuf.8 AlNar b. Muammad is the exception, absent from alaymars bio
graphical dictionary.9 Although alBukhr (d. 256/870) does not mention that
alNar related adth of Ab anfa, Ibn Ab tim (d. 327/938) does.10 Ibn
ibbn (d. 354/965) mentions that he was a Murji but not that he followed
Ab anfa, just that he practiced jurisprudence according to the doctrine of
the Kufans.11 He is picked up by the anaf tradition with Ibn Ab lWaf,
whose short entry mentions adth but not law.12 As one indication of how
important different persons were to the anaf teaching tradition, I have
counted citations in an index to the massive Mabs of alSarakhs (d. 483/1090-
1?).13 AlNar b. Muammad is never cited there (nor alusayn b. Ibrhm).
From within the nascent anaf school, here is the list of the ab of Ab
anfa reported by Ibn alThalj (Baghdadi, d. 266/880) from an Abdallh b.
Dwd on being asked by Isq (presumably Ibn Rhawayh):14
Ab Ysuf
Zufar d. Basra, 158/774-5
fiya b. Yazd alAwd
Asad b. Amr
Al b. Mushir d. 189/804-5
Yay b. Ab Zida d. alMadyin, 183/799?
AlQsim b. Man d. Ras Ayn, 175/791-2?
Dwd al d. Kufa, 165/781-2
8 aymar, Akhbr, 155 (Bishr only); Ibn Ab lWaf, Jawhir I, 452-454 (Bishr), II, 98-99
(Ishkb), I, 452-454 (Bishr).
9 aymar, Akhbr, 90-169.
10 Bukhr, al-Trkh al-kabr, VIII, 89; Ibn Ab tim, Jar, VIII, 478.
11 Ibn ibbn, Thiqt, VII, 535-536; idem, Mashhr, 197.
12 Ibn Ab lWaf, Jawhir, III, 556.
13 Mays, Fahris. On al-Sarakhs, see Calder, alSarakhs.
14 aymar, Akhbr, 109 (from Ibn alThalj through Ibn Ks).

28 melchert
Muammad alShaybn is an odd, glaring omission, although another list

from Ibn alThalj describes him as the first of Ab Ysufs disciples.15 Ab
Ysuf, fiya alAwd, and Asad b. Amr, the Baghdadi qs, have been men
tioned already. Zufar is strongly associated with Ab anfa in Kufa; for exam
ple, in an anecdote of his sitting on one side of Ab anfa, Ab Ysuf on the
other, debating all morning.16 He is quoted fairly often in anaf law books. But
the anaf tradition also credits him with introducing anafism to Basra while
saying nothing of his teaching anaf doctrine in Kufa.17 Al b. Mushir is said
to have conveyed Ab anfas books to Sufyn alThawr for copying, against
his wishes.18 This is apparently the only evidence, besides appearing on Ibn
alThaljs list, of his being a disciple to Ab anfa. He came from Kufa and
related adth of Kufans, but he was appointed q for Mosul.19 He returned
to Kufa on losing his eyesight, perhaps by deliberate application of inappropri
ate medication (in order to have an excuse to resign).20 It seems impossible
that he should have been a significant exponent of anaf doctrine in Kufa.
Yay b. Ab Zida was a notable Kufan traditionist and q said in anaf
sources to have sat much with Ab anfa and Ibn Ab Layl.21 Other sources
discuss only his prominence in adth.22 He is never cited by alSarakhs.
AlQsim b. Man is the one man on this list who may be plausibly reckoned
a anaf active in Kufa, where he was q for the last five or six years of his life.
He had some reputation as a traditionist, appearing in two of the Six Books,
also as a littrateur Ibn alNadm lists him among the Kufan grammarians,
not the anaf jurisprudents.23 Neither Ibn Sad nor alBukhr mentions any
connection with Ab anfa.24 However, in a hostile source (alFasaw, d.
277/890), alQsim b. Man is warned that he will learn from Ab anfa only
opinion (ray), not jurisprudence (fiqh).25 Wak (d. 306/918) reports that he
15 aymar, Akhbr, 98 (through aw).

16 aymar, Akhbr, 95 (from Ibn Ks).
17 On which see Tsafrir, History, 31-33.
18 aymar, Akhbr, 152.
19 Ibn Sad, abaqt, VI, 270 VI, 388.
20 Yay b. Man, Trkh, II, 423.
21 aymar, Akhbr, 150 (from Ibn Ks); Ibn Ab lWaf, Jawhir, III, 585-586.
22 E.g., alKhab alBaghdd, Trkh, XIV, 114-119 XVI, 172-181.
23 Ibn alNadm, Fihrist, 69, fann 2, maqla 2.
24 Ibn Sad, abaqt, VI, 267 VI, 384; Bukhr, alTrkh alkabr, IV, 170.
25 Fasaw, Marifa, II, 790.

was willing to be identified among the ghilmn of Ab anfa;26 while he

shortly appears in the anaf biographical tradition.27 AlSarakhs cites him
three times in the Mabs, confirming that he contributed to the anaf legal
tradition, although in a minor way. Dwd al was a famous renunciant
who sat with Ab anfa but then became disillusioned by the worldliness of
his circle and withdrew to his house.28 Dwd, like Yay, must appear on Ibn
alThaljs list for the sake of adding luster to Ab anfas reputation, not
because he spread his legal doctrine in Kufa (or elsewhere alSarakhs never
cites him, either).
Tsafrir goes through various other third/ninth-century biographical diction
aries, as well, to measure the proportion of anafiyya among the Kufans. She
finds that only a minority are anafiyya. Even at a generous estimate of who
adhered to anafism, she confirms the assertion of Schacht that the anafiyya
comprised only some of the Kufans but concludes that we should look for an
explanation other than the dominance of Ab anfa for the fact that the
Abbsids provided support to the Hanafis rather than to some other Kufi legal
circle.29 Once again, she insists on Kufan circles rather than Baghdadi, despite
the evidence that most of them were active elsewhere than Kufa.
The anaf biographical tradition clearly indicates that Ab Ysuf studied
under Ab anfa in Kufa: I was disciple to (aibtu) Ab anfa for seven
teen years, not parting from him at either of (the festivals of) fastbreaking and
sacrifice except from illness.30 It also remembers Ab Ysuf as spreading the
doctrine of Ibn Ab Layl, presumably also learnt by him in Kufa: If not for
Ab Ysuf, neither Ab anfa nor Ibn Ab Layl would be remembered. He
published their ilm (adth) and spread their qawl (juristic opinions).31 Zufar
also apparently learnt from Ab anfa in Kufa. However, alaymar does not
depict alShaybn as studying jurisprudence under Ab anfa in Kufa. Rather
he states that he was born in Wasit, heard adth, then went to Baghdad, where
all the following stories are set.32
26 Wak, Akhbr, III, 176.

27 Ibn Ab lWaf, Jawhir, II, 709, from alaw from Ibn Ab Imrn.
28 aymar, Akhbr, 109-119; Ab Nuaym, ilya, VII, 335-367.
29 Tsafrir, History, 20, citing Schacht, Introduction, 57.
30 aymar, Akhbr, 93 (from Ibn Ks).
31 Ammr b. Ab Mlik (not further identified by me), apud aymar, Akhbr, 92 (from Ibn
Ks).
32 aymar, Akhbr, 120-130.

30 melchert
The Followers of Ab anfa in the anaf Tradition: Law
Here is Tsafrirs list of the qs of Kufa, 150-250 AH (ca. 765-864 ce):33
148-53/765-770 Ubayd b. bint Ab Layl

153-69 (or 170)/770-85 (or 786) Shark b. Abdallh (sH)
169 (or 170)-175/785 (or 786)-791 AlQsim b. Man (H)
175-181?/791-7? N b. Darrj (sH)
181?-94/797-809 af b. Ghiyth (sH)
194-8?/809-13? Alasan b. Ziyd alLulu (H)
198?/813? im b. mir alBajal (mentioned
by Wak, not Al. b. Amad)
-208?/-823? Isml b. ammd b. Ab anfa (H)
208?-18?/823?-33? Bakr b. Abd alRamn b. Ab Layl
218?-35/833?-49 Ghassn b. Muammad alMarwaz (H?)
235-49 (or 250)/849-63 (or 864) Jafar b. Muammad b. Ammr (H)
249 (or 250)/863 (or 864) Amad b. Budayl (sH)
(H) indicates a anaf, those...whom we know to have both studied under

Hanafi teachers and to have had Hanafi students, and also those...whom we
know to have written Hanafi law books, or to have subscribed exclusively to
Hanafi law. (sH) indicates what Tsafrir calls a semi-anaf, meaning some
one with an entry in the anaf biographical dictionary of Ibn Ab lWaf
(d. 775/1373) but mainly known as a traditionist.34 Some are independently
known for hostility to Ab anfa. On the above list, for example, Tsafrir says
of Shark b. Abdallh,
Shark b. Abdallh (d. 177/793), the traditionist q of Kufa, appears in

the Jawhir as a companion and student of Ab anfa, and is reported to
have praised him. But Shark was a fierce and well-known opponent of
the Murjii dogma, of which Ab anfa was a leading supporter. Shark
carried his opposition to the point of refusing to allow prominent Murjii
Hanafis to testify in court. Among those he rejected as witnesses were
Ab anfas son ammd (d. 176/792) and the two foremost pupils of
Ab anfa, Ab Ysuf and alShaybn. Sharks opposition to Ab
anfas legal methods is also documented: he is reported to have said, for
33 Tsafrir, History, 30; Amad, Ilal, II, 456 II, 21.


example, that if every quarter of Kufa contained a wine merchant it

would still be better than if every quarter contained a follower of Ab
anfas ray.35
It seems dubious whether Shark should be called even a semi-anaf.

However, he does appear once in the Mabs. One of the others, alQsim b.
Man, appears three times, N b. Darrj once, and all the rest never, except of
course for alasan b. Ziyd alLulu, indisputably a major Baghdadi anaf.
Tsafrir follows her sources in continually referring to study circles. For
example,
The circle of Zufar was probably active until his death. About a decade
after Zufars death, names of Hanafis begin to appear among the promi
nent scholars of Basra. A five-person delegation that presented itself
before alMahd towards the end of his reign, in order to submit the com
plaints of the Basris about their qadi Khlid b. alq, included at least two
Hanafis: Muammad b. Abdallh alAnr and Ysuf b. Khlid
alSamt....These indications probably reflect a situation in which Hanafi
scholars already led circles and had followers, and some sympathy for
them developed in Basra.36
An fifth/eleventh-century source tells us specifically of Zufars circle, Zufar

succeeded Ab anfa in his circle when he died. Ab Ysuf succeeded after
him, then Muammad b. alasan after them.37 This is plainly not a descrip
tion of continual meetings by a regular group, since Zufar left Kufa for Basra
and Ab anfa for Baghdad, but rather a conventional way of referring to
authority. As for these two alleged anafiyya in particular, Muammad b.
Abdallh b. alMuthann (d. 215/830), q for a time in Basra, then Baghdad,
then Basra again, seems the more securely identified with anafism. Ibn Sad
mentions judicial appointments but no connection with anafism. AlKhab
alBaghdd describes him as learning jurisprudence from Sawwr b. Abdallh
(d. 156/772-3), Ubayd Allh b. alasan alAnbar (d. 168/785), and Uthmn
alBatt (d. 143/760-1), all Basran adherents of ray and Ab anfas opposite
numbers, not followers.38 However, Wak recounts that his appointment to
the judgeship in about 167/783-4 was opposed on the ground that he followed
35 Tsafrir, History, 3. More on Sharks opposition to anafism, ibid., 23.

37 Ibn Abd alBarr, Intiq, 174.
38 AlKhab alBaghdd, Trkh, V, 408 III, 405.

32 melchert
Ab anfas disapproval of waqf foundations.39 This need mean no more than

that, although there were Basrans on both sides of the question, identifying
disapproval with the outsider Ab anfa was a good way of discrediting it.
AlSj, an admittedly hostile source, relates that Muammad b. Abdallh, as
q, ruled after the precedent of his predecessor Mudh b. Mudh (d. 196/812)
in direct opposition to Ab anfa, explaining, I used to look into the books of
Ab anfa. When there came up entering Heaven and Hell, we found no posi
tion but that of Mudh b. Mudh.40 Ibn Kmil quotes the Mlik Isml b.
Isq (d. 282/896) as counting him among the ab of Zufar and Ab Ysuf.41
Altogether, he sounds as though he should be no more than one of Tsafrirs
semi-anafs. Ysuf b. Khlid alSamt (d. 189/805?) was a Basran said to have
collected adth in Basra, Kufa, and Medina. The earliest extant biographies
mention no connection with Ab anfa, but a hostile source from the early
fourth/tenth century does, stating that he was the first to bring Ab anfas
opinion to Basra.42 Half a century later, another hostile source identifies him as
one of the followers (ab) of Ab anfa.43 Later in the fourth/tenth century,
a anaf source reports the story that he went from Basra to Kufa and there
learnt jurisprudence from Ab anfa. When he returned to Basra, he disre
garded Ab anfas advice not to put himself forward by trying to establish his
own study circle promoting the opinion of Ab anfa, for which the Basrans
put him out of the mosque. Later, Zufar was more successful at popularizing
the opinion of Ab anfa by joining existing study circles and arguing for Ab
anfas position as it was relevant to one of their discussions.44 AlSarakhs
cites him four times, confirming that he contributed to the anaf legal tradi
tion, although in a minor way.
I have several times proposed here to measure how important someone was
to the development of anafism by how often the mature tradition cited his
legal opinions. In a sample of 189 pages from a ninth/fifteenth-century anaf
handbook, by Badr alDn alAyn (d. 855/1451), the early authorities most
often cited are these, in descending order:
39 Wak, Akhbr, II, 131.

40 Ibn ajar, Tahdhb, IX, 276.
41 AlKhab alBaghdd, Trkh, V, 412 III, 410.
42 Ibn Sad, abaqt, VII/2:47 VII, 392-393; Bukhr, alTrkh alkabr, VIII, 388; alSj (the
hostile source), apud Ibn ajar, Tahdhb, XI, 412.
43 Ibn Ad alQan, Kmil, VIII, 490.
44 aymar, Akhbr, 104, 150.

Ab anfa
AlShaybn
Ab Ysuf
Zufar b. alHudhayl
Alasan b. Ziyd alLulu d. Baghdad, 204/819-20
Bishr alMars d. Baghdad, d. 219/834-5?
No other disciples or disciples of disciples are named.45 Alasan b. Ziyd

alLulu was another Baghdadi q, said to have learnt jurisprudence especially
from Ab Ysuf and Zufar but also to have heard directly from Ab anfa.46
Bishr b. Ghiyth alMars also learnt jurisprudence from Ab Ysuf.47 He was
closely associated with the doctrine of the created Quran.48 Admittedly, the
anaf tradition of legal writing is generally less concerned to present its own
history than the Shfii, Mlik, and anbal. Still, there is again no trace here
of a continuing anaf school in Kufa after Ab anfas transfer to Baghdad.
Here is a listing with all the names cited at least twice in alSarakhs,
alMabs, up to Ab l-asan alKarkh; the total number of citations is found
in the right hand column:
Ab anfa d. Baghdad, 150/767 2015

Zufar d. Basra, 158/774-5 446
N b. (Ab) Maryam Marwazi, d. 173/789-90 3
Al-Layth b. Sad Egyptian, d. 175/791 2
Mlik b. Anas d. Medina, 179/795 147
Abdallh b. al-Mubrak Marwazi, d. 181/797 11
Ab Ysuf d. Baghdad, 182/798? 1792
Asad b. Amr al-Bajal Baghdadi, d. 188/803-4? 16
AlShaybn d. Ranbuyah, 189/804-5 1795
Ysuf b. Khlid al-Samt Basran, d. 189/805 4
Al b. amza alKis, d. Rayy? 189/804-5? 5
Yay b. Sad al-Qan Basran, d. 198/813 3
Ab Bakr al-Aamm Basran, d. 200/815-16 3
Ab Sulaymn al-Jzajn Baghdadi, d. 204/819-20? 37
Al-asan b. Ziyd al-Lulu Kufan, l. Baghdad, d. 204/819-20 218
(Continued)
45 Ayn, Binya.
46 aymar, Akhbr, 131-133; Ibn Ab lWaf, Jawhir, II, 56-57.
47 aymar, Akhbr, 156; Ibn Ab lWaf, Jawhir, I, 447-450.
48 Van Ess, irr b. Amr, 30-39.

34 melchert
Table (Continued)
Al-asan b. Ab Mlik Baghdadi, 204/819-20 15

Al-Shfi d. Old Cairo, 204/820 887
Abdallh b. Wqid Ab Qatda, Harrani, d. 210/825-6 5
Ab Ima Im b. Ysuf d. Balkh, 210/825-6? 8
Ibrhm b. Rustam Marwazi, d. Nishapur, 211/826 16
Muall b. Manr Baghdadi, d. 211/826-7 12
Khalaf b. Ayyb Balkhi, d. 215/830-1? 2
Ab af al-Kabr, Amad b. af d. Bukhara, 217/832 39
Ab Nuaym al-Fal b. Dukayn, d. 218/833-4? 6
Kufan
Bishr b. Ghiyth al-Mars Baghdadi, d. 219/834-5? 23
s b. Abn d. Basra, 220/835? 44
Muammad b. Sama d. Baghdad, 233/847-8 77
Yay b. Man d. Medina, 233/848? 2
Isq b. Ibrhm b. Rhawayh Nishapuran, d. 238/853? 4
Ab Thawr Baghdadi, d. 240/854 2
Amad b. anbal d. Baghdad, 241/855 3
Yay b. Aktham Baghdadi, d. 243/857? 3
Muammad b. Muqtil al-Rz d. Rayy, 246/860-1? 18
Amr b. Bar al-Ji d. Basra, 255/869-70 4
Al-Khaf Baghdadi, d. 261/874 7
Muammad b. Shuj al-Thalj Baghdadi, d. 266/880? 19
Nar (Nuayr?) b. Yay Balkhi, d. 268/881-2 3
Muammad b. Salama Balkhi, d. 278/891-2 8
Yazd al-Sulam Damascene, d. 282/895-6 3
Muammad b. al-Nar Nar? Nishapuran, d. 291/903-4 2
Abd al-amd b. Abd al-Azz, d. Baghdad, 292/905 4
Ab Khzim
Muammad b. Sallm Balkhi, d. 305/917-18 2
Ab Sad al-Barda Baghdadi, d. 317/929-30 2
Al-aw d. Old Cairo, 321/933 69
Ab Manr al-Mturd Samarqandi, d. 333/944-5 2
Al-kim al-Shahd, Muammad Marwazi, d. 334/945 28
b. (Muammad b. ) Amad
Ubayd Allh b. al-asan, Ab d. Baghdad, 340/952 52
l-asan al-Karkh

Some of these are not cited as anafiyya; e.g., alShfi, Mlik, and Amad
were outright opponents, alKis is named for his quranic reading, alJi
was a littrateur. Baghdad is well represented throughout this time span, Basra
is well represented through Zufar near the beginning, but not thereafter,
Khurasan appears from fairly early, but Kufa is notably absent. My finding from
alAyn is confirmed: there is no trace in the legal literature of a continuing
anaf school in Kufa after Ab anfas transfer to Baghdad.
The Followers of Ab anfa in the anaf Tradition: adth
Another possible measure of where anafism developed is the record of who

related adth of Ab anfa. A synthesis of fifteen compilations of adths
related by Ab anfa is Muammad b. Mamd alKhwrizm (d. 665/1266-
7?), Jmi masnd alimm alaam. Here they are in chronological order:49
ammd b. Ab anfa (d. 176/792-3), a musnad he related from his father

(Khws 11; Kef, 1681).
Ab Ysuf Yaqb b. Ibrhm al-Anr (d. Baghdad, 182/798), collection called
Nuskhat Ab Ysuf (Khws 9; Kef, 1681; GAS, I, 414; III, 1); possibly to be identi
fied with the Kitb althr allegedly related from Ab Ysuf by his son
Ysuf b. Yaqb b. Ibrhm (IAW, III, 645).
Muammad b. al-asan alShaybn (d. near Rayy, 189/804-5), collection called
Nuskhat Muammad (Khws 10; Kef, 1681).
Idem, collection called al-thr, mainly from Followers (Khws 12; Kef, 1681;
GAS, I, 430, VI).
Related by al-asan b. Ziyd al-Lulu (d. 204/819-20 [1680; GAS, I, 415, 2]).
Musnad collected by Ab Bakr Amad b. Muammad b. Khlid al-Kal (fl. ca.
300/912-13?). His collection comprised entirely traditions he had learnt
from his father (fl. later third/ninth century), his father from his grandfather
(fl. early third/ninth century), his grandfather from Muammad b. Khlid
alWahb (d. before 190/806), Muammad b. Khlid from Ab anfa
(Khwrizm, Jmi, II, 392; not found in IAW; Khws 8; Kef, 1681).
Musnad collected by Umar b. al-asan al-Ushnn (d. Baghdad? 339/951?
[Khws 7; Kef, 1681]).
Ab Muammad Abdallh b. Muammad b. Yaqb al-rith al-Ustdh
alSubadhmn (Bukharan, d. 340/952 [Khws 1; Kef, 1680; GAL, S I, 286, V, 3;
GAS, I, 415, 3]).
49 Khw indicates al-Khwrizms own list of his sources at Jmi, 4-5; Kef = Ktib eleb,
Kashf; IAW = Ibn Ab lWaf, Jawhir.

36 melchert
Ab Amad Abdallh Ibn Ad alQan al-Jurjn (d. Gurgan, 360/970-1? [not

found in IAW; Khws 6; Kef, 1681]).
ala b. Muammad b. Jafar al-Shhid (d. Baghdad, 380/990-1 [Khws 2; Kef,
1680]).
Ab l-usayn Muammad b. al-Muaffar b. Ms b. s b. Muammad (d. ca.
400/1009-10? [not found in IAW; Khws 3; Kef, 1680-1]).
Ab Nuaym al-Ibahn (d. Isfahan, 430/1038 [Khws 4; Kef, 1681; GAS, I, 415, 6]).
Ab Bakr Muammad b. Abd al-Bq b. Muammad al-Anr, q (fl. 5th/11th
cent.? [Khws 5; Kef, 1681]).
Ab Abdallh usayn b. Muammad Ibn Khusraw al-Balkh (d. 522 or 523/1128
or 1129), in 2 vols. (Khws 14; Kef, 1681).
Ab lQsim Abdallh b. Muammad b. Ab l-Awwm al-Sad (fl. 6th/12th
cent.? [Khws 13; Kef, 1681]).
Additionally, some collections of adths transmitted by Ab anfa are known

but not used by al-Khwrizm:
Ab Bakr Muammad b. Ibrhm b. Al b. im Ibn Zdhn alMuqri

(d. 381/991-2 [GAS, I, 415, no 4]).
Ab Abdallh Muammad b. Isq b. Muammad Ibn Manda (Isfahani,
d. 395/1005 [GAL, S I, 286, V, 4; GAS, I, 415]).
Anonymous (fl. 5th/11th cent. [GAL, S I, 286, V, 5]).
Ab lQsim Al b. alasan Ibn Askir (d. 571/1176 [paired with the adth of
Makl (Damascene, d. 118/736-7?); Yqt, Irshd, V, 144 IV, 1751).
usm alDn Al b. Amad Ibn Makk alRz (d. 598/1201-2 [IAW II, 543-4; GAS,
I, 415, no 8]).
Ms b. Zakary b. Ibrhm alakaf (d. Cairo, 650/1252-3 [IAW, II (Hyd.):185-
6; GAL, S I, 286, V, 10; GAS, I, 415, no 9]).
Ab l-Muayyad Muammad b. Mamd al-Khwrizm (d. 665/1266-7?) col
lected zawid; his fifteen collections named (Kef, 1680-1; GAS, I, 415, no 10)
Jaml al-Dn Mamd b. Amad al-Qnaw al-Dimashq (d. 771/1369-70?), a
mukhtaar called al-Mutamad, on which he also wrote a commentary called
alMustanid (Kef, 1680; GAL, I, 97 [81]).
Sayyid b. s b. Muammad b. Muammad alThalib (fl. 8th/14th cent. [GAS,
I, 416, no 12]).
Ab l-Baq Amad Ibn (Ab) iy Muammad al-Qurash al-Haraw alanaf
(d. 854/1450-1), Mustanid mukhtaar al-musnad, an abridgement of
alKhwrizm (Kef, 1681; GAS, I, 415, no 10).
(al-) Qsim Ibn Qulbugh (d. Cairo, 879/1474), the recension of alrith
(alUstdh al-Subadhmn) of that of al-Lulu, arranged topically (Kef,
1680; GAL, S I, 93; GAS, I, 416, no 11).

Sharaf al-Dn Isml b. s b. Dawla al-Awghn alMakk (d. 892/1486-7),

Ikhtiyr itimd al-masnd f khtir ba rijl alasnd, an abridgement of
alKhwrizm (Kef, 1681).
Ab Abdallh Muammad b. Isml b. Ibrhm al-anaf (d. ?), an abridge
ment of al-Khwrizm (Kef, 1681).
A notable feature of these collections is how many of them come from persons
outside the anaf school of law. As I have observed elsewhere, of eight fourth/
tenth-century collections called Musnad Ab anfa, only one was by an identi
fiable anaf. Most of the rest evidently came from traditionists who took it as
their duty to name the adth that would support the opinions of a famous juris
prudent.50 It seems unlikely that non-anaf traditionists were massively more
dishonest than anaf, though, likewise that non-anaf traditionists had an
interest in distorting the extent to which Ab anfas teaching had an afterlife
in Kufa. In the first half of the work, al-Khwrizm lists adths in these collec
tions related by Ab anfa, in topical order. In the second half, al-Khwrizm
provides a list of those who related adths directly from Ab anfa in these
compilations, numbering a little over 300, along with about 200 others who
appear in these masnd as earlier or later transmitters.51 Figure 1 shows how
the transmitters directly from Ab anfa are geographically distributed:
30%
25%
20%
15%
10%
5%
0%
rs n pt al ia it a ce ca ia ia d ra fa n
Fa eme Egy Jib tam Was edin vin ec Syr xan hda Bas Ku now
Y o M r o M s o a g k
es
op qP an B Un
M Ira Tr
n &
sa
u ra
Kh
Figure 1 Ge0graphical Distribution of Transmitters from Ab anfa According to
al-Khwrizm (N=311)
50 Melchert, Traditionist-jurisprudents, 396.
51 Khwrizm, Jmi, II, 353-588.

38 melchert
Plainly, Ab anfa was remembered (at least by the sixth/twelfth century) as

having transmitted his learning to men from all over the Islamic world, but to
men from Kufa more than anywhere else.
I suppose that if, say, there are four Baghdadis and four Kufans but the
Baghdadis are responsible for relating ten adth reports altogether, the Kufans
twenty, we should count Kufa twice as important a centre, not just equally
important. Figure 2, then, charts transmitters from Ab anfa in their actual
frequencies of appearance in the masnd synthesized by alKhwrizm.
There are still a significant number of Kufans, but here, when it comes to
actual adth related, Baghdad far outweighs all other centers.
Next, I measured transmitters from transmitters from Ab anfa, again
weighted by number of adth; their geographical distribution is charted in
Figure 3.52
Compared with Baghdad, Kufa seems to have become insignificant in this
generation. However, the very great number of unknowns is disturbing. Ab
anfa had a poor reputation among Sunni adth specialists. Ibn Khaldn
alleges that he related just 17 adth reports.53 Ibn Ab Shaybas Muannaf
has a section near the end refuting the doctrine of Ab anfa concerning
125 questions. Its line of argument is not that Ab anfa inferred his positions
from dubious adths, rather that his positions were simply contrary to
adth.54 (Regrettably, Ibn Ab Shayba does not mention how he learnt of Ab
anfas legal positions.) It is possible that when fourth/tenth-century and
later collectors set down the adths they thought that Ab anfa must have
transmitted, they simply invented names at this point in their chains of trans
mitters. If rather we assume that the names are mostly genuine, then we have
clear evidence here that adth from Ab anfa was overwhelmingly trans
mitted outside the circles of Sunni traditionists documented by alBukhr and
Ibn Ab tim alRz. Indeed, the jump from 15 percent unidentified among
alleged transmitters from Ab anfa to 84 percent among transmitters from
transmitters may be taken to document the pulling away of the two parties,
adherents of adth and ray. In the later second/eighth century, those willing
to relate adth of Ab anfa largely intersected with those whom third/
ninth-century Sunni traditionists relied on as their forbears, whereas they con
52 The sample counted one Wasi (not included in the chart) and no one from Basra, Mecca,
or Transoxania.
53 Ibn Khaldn, Muqaddima, II, 404 444.
54 Ibn Ab Shayba, Muannaf, XIII, 80-195. Sometimes published separately, for which see
Sezgin, GAS, I, 109. The editors of the Muannaf (Introduction, I, 89-90) report that ten of
the positions ascribed to Ab anfa are contrary to what he actually advocated, i.e.,
contrary to what anaf literature says he did.

Syrian
Basran 3% Transoxanian
5% 2%
Khurasani
6%
Meccan
6%
Baghdadi
Unknown 48%
15%
Kufan
15%
Figure 2 Geographical Distribution of Transmitters from Ab anfa According to

al-Khwrizm (weighted by number of adths; N=381)
Syrian
1% Egyptian
Kufan 1% Khurasani
1% 2%
Baghdadi
11%
Unknown
84%
Figure 3 Transmitters from Transmitters from Ab anfa According to al-Khwrizm

(weighted by number of adths; N=288)
sidered it entirely dispensable to rely on those willing to relate adth of Ab

anfa in the earlier third/ninth century. I have mentioned Amad b. anbal
himself as an example of a traditionalist who studied for a time under Ab
Ysuf, then withdrew, suggesting a terminus post quem for the bitter split
between adherents of adth and ray.55
55 Melchert, Formation, 6-7.

40 melchert
I have thought to check the data of alKhwrizm against an extant musnad,

mainly the one by the traditionist Ab Nuaym alIbahn, apparently a Shfi
in law. This comprises somewhat more than 650 adth reports, including vari
ant asnd. A randomly-chosen sample of chains of transmission came up with
an identification of transmitters from Ab anfa as charted in Figure 4.
Wasit
6% Syria
Kufa 21%
9%
Basra
10%
Baghdad 21% Khurasan

10%
Unknown
23%
Figure 4 Transmitters from Ab anfa According to Ab Nuaym (N=87)
Ab Nuaym reports equal numbers of adth reports from Baghdadis and

Kufans, about as many from unknowns. Almost exactly half of the adth
reports in the sample are transmitted from Ab anfa by shaykhs who have
entries in Ibn Ab lWafa, alJawhir almuiyya. A randomly-chosen sample
came up with this identification of transmitters from transmitters from Ab
anfa:
Mecca
Khurasan 1%
Wasit 1% Egypt
3% 1%
Kufa
13%
Baghdad
14% Unknown
67%
Figure 5 Transmitters from Transmitters from Ab anfa According to Ab Nuaym (N=94)

Kufa seems to be almost equally important with Baghdad, here, unlike in

the sample from al-Khwrizm, much as in the first generation; however, we
again have the overwhelming majority of this generation unknown (63%), as
in the sample from alKhwrizm.
Finally, in order to see whether biographical data collected by a anaf show
a different pattern from adths collected by anafiyya and others, I have
checked al-Khwrizm and Ab Nuaym against a third source: al-Muwaffaq b.
Amad alBakr Khab Khwrizm (d. Khwrizm, 568/1172-3), Manqib alimm
Ab anfa.56 My sample is not quite random, rather comprising the first item
on each page if there was found an intelligible isnd. Here is the distribution of
transmitters from transmitters from Ab anfa:
Kufa
9%
Baghdad
19% Unknown
46%
Khurasan
26%
Figure 6 Transmitters from Transmitters from Ab anfa According to al-Bakr
There is a notably high proportion here from Khurasan, perhaps as befits a

biographer from the Islamic Northeast. (The existence of Khurasani anafism
in the early third/ninth century has never been questioned, although it may
not have been self-sustaining till the fourth/tenth century.) There are scarcely
half as many Kufans as Baghdadis but still a substantial number of them, a
larger proportion than in alKhwrizm. Again, there is a preponderance of
unknowns (46%).
56 Bakr, Manqib; note, however, that alBakr also relies heavily on non-anaf sources, for
although he apparently draws the most heavily on alaymar and his sources, after that
come Ibn Manda and alKhab alBaghdd.

42 melchert
Conclusions
First, there is no evidence in either the biographical literature or legal, anaf

or non-anaf, of a vital anaf legal tradition in Kufa after Ab anfa left for
Baghdad. The anaf absorption of Kufan jurisprudence from within seems to
exist only by unexamined assumption. anaf law spread from Baghdad, so far
as the legal sources make out to Kufa as well as elsewhere. Secondly, however,
there is evidence in the adth literature, both anaf and non-anaf, that
adth transmitted from Ab anfa was equally prevalent within Kufa and
elsewhere. But then it further transpires that whereas those identified as direct
transmitters of adth from Ab anfa are mostly known from the biographi
cal literature, third/ninth-century transmitters from them in turn are over
whelmingly not known from the biographical literature. This holds equally for
third/ninth-century transmitters in anaf and non-anaf adth collections.
Much the same evidently goes for biographical information about Ab anfa.
The evidence of adth transmission is difficult to interpret. Are the prepon
derant unknown transmitters a sign that the reported transmission of anaf
adth is mostly imaginary? Are they a sign that adth from Ab anfa circu
lated in Kufa independently of anaf law? Are they a sign that Kufan anafism
was a vital but intensely local phenomenon, haughtily overlooked by the
anaf school of Baghdad? Do they simply show up the limits of our biographi
cal sources (neither contradicting nor confirming either of the previous two
possibilities)?57 In the end, I would continue to maintain that Schacht and
Tsafrir overestimate the strength of Kufan anafism after Ab anfa left for
Baghdad. However, I would also concede that much uncertainty remains as to
just how strong it was. This uncertainty is probably related in large part to the
very uncertainty of school allegiance in the period before the crystallization of
guild schools in the fourth/tenth century. Much uncertainty remains also
because the anafiyya took less care than the Shfiiyya, Mlikiyya, and
anbila to record their own history.
57 Cf. Jonathan Brockopp concerning contemporary Africa: the transmission records of

manuscripts preserve the names of many scholars who have been forgotten by the
biographers. As encyclopedic as these dictionaries are, the many unidentifiable names in
these manuscripts demonstrate that the biographical dictionaries offer us only a selective
view of the scholarly community of 9th-century Kairouan (Contradictory, 128).

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Journal of Abbasid Studies 1 (2014) 23-45