ABŪ ISḤĀQ SHĀṬIBĪ HIS LIFE AND WORKS

ABŪ ISḤĀQ SHĀṬIBĪ: HIS LIFE AND WORKSAuthor(s): M. KHALID MAS'UDReviewed work(s):Source: Islamic Studies, Vol. 14, No. 2 (SUMMER 1975), pp. 145-161Published by: Islamic Research Institute, International Islamic University, IslamabadStable URL: http://www.jstor.org/stable/20846950 .Accessed: 26/04/2012 00:01

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ABU ISHAQ SHATIBI: HIS LIFE AND WORKS

M. KHALID MAS'UD

Abu Ishaq Shatibi is one of the most prominent Muslim jurists whose thought, it may be rightly observed, has made fundamental

contribution to the formulation of the conception of law of many a moder nists in the Muslim world. It is however unfortunate that very little is

known about his life. When writing his biography one's attention is

particularly drawn to the absence of any data in his contemporary sources

known to us. This paper, therefore, first attempts briefly to answer

the question of why there should be so little information on such an

outstanding jurist. This is followed by a reconstruction, from the avail

able data, of the information about his life, his teachers, his disputations with other scholars and his works.

Sources

To my knowledge Ahmad BabaV (d. 1036/1626) Nayl al-Ibtihap written about two hundred years after Shatibi's death, contains the first

biographical notice on Shatibl.

Among his contemporaries Lisan al-DIn Ibn al-Khaflb (d. 776/

1374) and Ibn Khaldun (d. 784/1382) wrote at length about Granada and

scholars living there in this period. Ibn al-Khatlb and Shatibl had com

mon teachers3 (and one of the sources even describes Ibn al-Khatib as a

pupil of Shatibl)4 and common friends.5 Ibn Khaldun wrote a treatise6

in response to Shatibi's query addressed to the scholars in the West. It

would be a reasonable assumption that both Ibn al-Khaflb and Ibn Khal

dun would have known Shatibl, nevertheless, neither of these important writers makes mention of Shatibl.

Among the authors of the Tabaqat of the Malikls,7 neither Shatibi's

contemporary Ibn Farhun (d. 799/1369), author of Al-Dibaj al-Mudhah

hab, nor Badr al-Din al-Qarafi(d. 1008/1599), author of Tawshfb al-Dibaj* the complement of al-Dibaj, mention Shatibi. As Alwnad Baba points out in strong language9, Qarafi lacked sufficient knowledge of the Islamic

West.

Atunad Baba is not only the first biographer but also an original

146 M. KHALID MAS'UD

authority in this respect. Almost all of the later scholars who have taken

notice of ShatibI belong to the twentieth century, and depend largely on Ahmad Baba's notice. 10 Ahmad Baba treats of ShatibI in Nyal

al-Ibtihaj as well as in Kifdyat al-Muhttaji i which supplemented the former.

Nayl was written during Ahmad Baba's internment in Morocco, where he was taken as a prisoner after the invasion of the Sudan by the Sultan of

Morocco in 1591. There, Ahmad Baba, though he was without his per sonal collection of sources, was able to use the books in the posession of

Moroccan scholars and in the public libraries.12

Apart from general considerations, Ahmad Baba's high regard for

ShatibI may be suggested as a specific reason why Ahmad Baba mentioned

ShatibI. This esteem is reflected in the honorific titles with which he mentions ShatibI.His regard for ShatibI further manifests itself when

he disputes Abu llamid Makkl's claim for his master Ibn 'Arafa (d. 803

A.H.)i* as "being peerless in tabqlq (the skill of applying general princi ples of (Malik!) school to particular cases)."15

Ahmad Baba mentions ShatibI as one example of scholars who were in no way lesser than Ibn 'Arafa.16 Elsewhere he says,

"Among the people of the ninth century (sixteenth) there are those who assert their attainment of the status of ijtihdd, while Imam al-Shatibi and

yafid Ibn MarzQq (d. 842/1438) declined it for themselves,. It is certain that both of them had more profound knowledge (of SharVa and thus (were)

more deserving of this status than those who claimed it.17

We have dwelt long on the question of why Ahmad Baba first took notice of ShatibI while others did not. Let us now discuss Ahmad Baba's sources for his biography of ShatibI.

Beside the sources mentioned towards the end of Nayl, the most

significant among them being WansharisT,!8 Ahmad Baba used Shatibfs own work Al-Ifadat wa'l Inshadat.19 This work seems to consist of Shati bl's class notes and of anecdotes narrated by his teachers. The extracts

from this work, as quoted by al-Maqqari20 in his Nafb al-Tlb and by Ahmad

Baba in Nayl, indicate that the Ifadat must contain considerable information

about Shatibfs teachers and himself. If that be so, Ahmad Baba's in formation about ShatibI may be taken as first hand.

As to our information in the following pages, it is based mainly on

Nayl. We have used the extracts of Ifadat as quoted in Nayl and Nqfb

ABU ISHAQ SHATIBI 147

We have also used ShatibFs al-Muwafaqat and al-Ftisam. The preface in

al~rti?am explains the circumstances that shaped ShatibFs thoughts on

SharVa and its objectives and as to why he was accused of 'heresy21.

Al-Muwafaqat refers to the discussions22 in which Shatibi became involved

with other scholars.

ShatibFs Life

His full name is reported as Abu Ishaq Ibrahim b. Musa b.

Muhammad al-Lakhmi al-Shatibi. We know virtually nothing about his

family or his early life. This latter nisba has misled some sholars to main

tain that Shatibi was born or lived in Shatiba before coming to Granada.23

This is not possible because Shatiba was taken by the Christians a few de

cades ago, and, according to the chronicles, the last Muslims were driven out of Shatiba in 645/1247.2*

Shatibi grew up in Granada and acquired his entire training in this

city which was the capital of the Nasri kingdom. ShatibFs youth coin

cided with the reign of Sultan Muhammad V al-Ghani Billah, a glorious

period for Granada. The city had become a centre of learning attracting students and scholars from all parts of North Africa. It is not necessary to list here all the scholars who visited Granada or who were attached to the Nasri court, names of such scholars as Ibn Khaldun and Ibn Khatib

being sufficient to illustrate our point.

Education

We do not know when and what subjects Shatibi studied. What follows in art account of some of his teachers, from which an idea of his education may be drawn. It appears that, according to normal practice, Shatibi started his training with studies in Arabic language, grammar and literature. In these subjects, he benefited from two masters. He

began his studies with Abu 'Abd Allah Muhammad b. 'Ali al-Fakhkhar al-Biri25 who was known as 'the master of grammarians' (Shaykh al-Nufydt) in Andalus. Shatibi stayed with him until the latter's death in 754/1353. ShatibFs notes about al-Fakhkhar in Ifdddt illustrate clearly that he re

ceived a thorough training in matters pertaining to the Arabic language.26

His second teacher in the Arabic language was Abu'l Qasim al Sharif al-Sabti (760/1358), author of the well-known commentary on

Maqsura of Hazim.27 He was called "The Bearer of the Standard of

Rhetoric".2* Fe was chief Qa<JI in Granada in 760/1358.


The famous Andalusian faqlh Abu Sa'Id Ibn Lubb began his lectures in the Madrasa Na?riyya in 754/1353.29 Most probably he had succeeded al-Fakhkhar on the latter's death. Ibn Lubb was well versed in fiqh and was recognized for his "rank of ikhtiydr (decision by preference) in respect to fatwd"** ShatibFs training in fiqh was almost entirely com

pleted with Ibn Lubb. ShatibI owes much to him, but he entered into con

troversy on a number of issues, with Ibn Lubb also.31

We need not recount the names of all of ShatibFs teachers.32

It seems he benefited from all the well-known scholars in Granada as well

as those who visited Granada on diplomatic missions. Among such

scholars mention must be made of Abu 'Abd Allah al-Maqqarl33 who came to Granada in 757/1356 on a diplomatic mission sent by the Marlnl

Sultan Abu 'Inan.34 Maqqarl had an eventful career. Sultan Abu

Tnan chose him as his chief QadI, but soon QadI Abu 'Abd Allah al-Fish

tall succeeded in having him deposed. Maqqarl was sent to Granada

from where he refused to return to Fez. The Na?ri Sultan arrested him

and sent him back. Abu'l Qasim al-Sabti and Abu'l Barakat Ibn al

Hajj al-Balfiql, Qadls of Granada, followed him to Fez to secure his release.

Nevertheless, Maqqarl was tried by al-Fishtall and was convicted.3 *

Maqqarl's academic tastes were versatile. He is the author of a book on Arabic grammar. He was known as holding the rank of "mw

fraqqiq"*6 (expert on the application of general principles of the [MalikI] school to particular cases), in Fiqh.

Maqqarl seems to have acquainted ShatibI with Razism in Usul

al-Fiqh. He started to compose an abridgement of Fakhr al-DIn al-RazFs

(606/1209) al-Mufrassal.*7 He is also the author of a commentary on

Mukhtasar of Ibn Hajib who introduced Razism into MalikI usul al-fiqh.

Maqqarl is also responsible for initiating ShatibI into ?ufism, in a

special Silsila of Shadhiliyya. Maqqarl is known for his book al-Haqa'iq wa 'l-raqd 'iq fi al-tasawwuf.3

8

Mention must also be made of two of ShatibFs teachers who intro duced him to falsafa and kaldm and other sciences which are known in the Islamic classification as the rational sciences (al-'ulum al-'aqliyyd) as

opposed to the traditional sciences (al-'ulum al-naqliyya).

Abu 'All Man?ur al-Zaâw! 39came to Granada in 753/1352. Ibn al-Khatlb praises him highly for his scholarship in traditional as well


as rational sciences. He appears to have run into frequent controversies with the jurists in Granada. He was accused of various things. Finally in 765/1363, he was expelled from the Andalus.40

ShatibI mentions Zawawi quoting his teacher, Ibn Musfir, saying that in his commentary on the Qur'an, Razi relied on four books, all written by the Mu'tazills; in usul al-din on Abu'l Husayn's Kitdb al-Dald% in usul

al-fiqh on his al-Mu'tamad, in usul al-tafsir on Qadi 'Abd al-Jabbar's

Kitdb al-Tafsir (?), in usul al-'Arabiyya and bay an on Zamkhsharfs

KashshdfA1 This comment seems to imply that Zawawi and his teacher saw in Razi a continuation of Mu'tazili kaldm.

Al-Sharif al-Tilimsani (d. 771/1369) also seems to have been critical of Razism. He studied with Abil! and specialized in the rational sciences. Ibn Khaldun metnions that Tilimsani secretly taught Ibn *Abd al-Salam the books of Ibn Sina and Ibn Rushd.42 Tilimsani was well-versed in both the traditional and the rational sciences. Contemporary scholars laid

stress on his attainment of the rank of MujtahidA* Ibn 'Arafa lamented

Tilimsanfs death as the death of the rational sciences.44

From the above account of his notable teachers it may be con

cluded that ShatibFs training must have been quite thorough in both the

traditional and the rational sciences. His main interest, however, as we

shall see from the list of his works, concentrated upon the Arabic

language and Usul al-fiqh, particularly the latter.

Shdfibi's Interest in Usul al-Fiqh

Fiqh was a very profitable and hence popular subject, but interest

in usul al-fiqh was rare in the Andalus.45 What induced Shatibi to in

terest himself in usul al-fiqh was his feeling that the weakness of fiqh in

meeting the challenge of social change was due largely to its methodological and philosophical inadequacy. This weakness struck ShatibI very early in his training years. He says:

Ever since the unfolding of my intelligence for understanding (things) and ever since my anxiety was directed towards seeking knowledge, I always looked into its (the shari'a's) reasons and legalities; its roots and its branches. As far as the time and my capacity permitted I did not fall short of any science

among the sciences nor did I single one out of the others.

I exploited my natural capacity or rather plunged myself into this tumul tuous sea.. .so much so that I feared to destroy myself in its depths.. .until


God showed His kindness to me and clarified for me the meaning of Shari'a which had been beyond my reckoning...

From here I felt strong enough to walk on the path as long as God made it easier for me. I started with the principles of religion (usul al-din) in theory and in practice and the branches based on these problems. (It was) during this period (that) it became clear to me what were the bite and what was lawful and what was not. Comparing and collating this with the principles of religion and law (fiqh\ I urged myself to accompany the group whom the

Prophet had called sawddal-a'zam (the majority)46.

One of the most perplexing problems for ShatibI was the diversity of opinion among scholars on various matters. Use of the principle of

mm a'at al-khilaf made the problem even more complex. It was employed to honour differences of opinion by treating them all as equally valid.

Because of this attitude, diversity of opinions was proudly preserved even

from the earliest days of Malik! fiqh. ShatibI himself recalled that the

diversity in the statements of Malik and his companions used to occupy his mind frequently.47

Studying with Abu Sa'id b. Lubb, ShatibI faced such perplexities

very often. He states:

I once visited our master, AbQ Sa'id b. Lubb, the mushdwir, along with my freinds... He said, "I wish to inform you about some of the basic

principles on which I relied in such and such a fatwd, and (to explain) why I intended for leniency in that". We knew about his fatwd... We dis

puted with him on his answer... He said "I want to tell you a useful rule

in issuing a fatwd. This rule is authentically known (and practiced) by the scholars. The rule is to not to be hard on the one who came asking for a

fatwd." Before this meeting various aspects in the statements of Malik and his companions used to confuse me. But now God cleared my mind with the light of this discourse.48

This satisfaction however, did not last long. His disputations with

the scholars on these problems show that Ibn Lubb's clarification no longer convinced him. ShatibI felt that the body of the law was without spirit, its formalism would remain devoid of reality unless the real nature of the

legal theory was investigated.49

His Disputations

The Granadian society had been changing very rapidly and its im

pact on Islamic law was quite conspicuous. Introduction of new educa

tional system, change in the authority pattern of Granadian jurists, per

meation of Ta?awwuf and Theological philosophy in the West and many


other factors had produced a wide range of changes which agitated the

minds of scholars of this period. Shatibl took keen interest in these

developments and wrote to scholars disputing their opinions and practices on certain matters and raising fundamental questions about the goals and

ends of Islamic law.

Reports of some of these disputations have come down to us:

(1) In view of deteriorating financial conditions in Granada, the

Sultan levied a few additional taxes. The mufti of Granada and a few

other jurists declared these taxes as unlawful, not provided for in Sharfa.

Shatibl opposed the Mufti Ibn Lubb arguing that the safeguard of public interest (maslafia)wsis though essentially the responsibility of the community, this responsibility was, however, transferred to the public treasury to which

they must contribute for this purpose, especially in circumstances similar

to those found in ShatibFs time when the treasury had to pay a heavy tri

bute to the enemy. 5 0

(2) Along with the ?ufis some jurists started claiming submission to shaykh as obligatory. To Shatibl this was a claim to religious authority which only befitted the Holy Prophet. He composed a detailed query and sent it to a nubmer of scholars in North Africa. Three of the res

ponses to this query have come down to us. Those of Ibn Qabbab

(d. 770/1377) and Ibn 'Abbad of Ronda, (d. 792/1389) were preserved by Wansharlsl in his al-MVydr al-mughrib.si The third answer was written

by Ibn Khaldun in Shifd' al-sd*il It tahdhlb al-masd'il.5*

(3) The mention of the ruling sultan or khalifa in khutba as a

symbol of legitimacy had long been accepted in practice. Al-Muwahhi

dun introduced a further addition to this practice: mention of the name of

the ruling caliph after the prayers in congregational invocation.5 3 A few

scholars opposed this practice even at the risk of their lives.54 Shatibl

also publicly opposed it. It appears that for this he was deposed from

imdma and was put to trial.55 The jurists in his time wrote in refutation

of Shatibl and disputation continued throughout Spain and North Africa.

Some names of the scholars who wrote treatises on this subject, have come

down to us: Abu'l Hasan al-Nubahi, the chief qadi of Granada,56 Abu

Sa'id ibn Lubb, rector of Na?riyya madrasa,57 Granada, Muriammad

al-Fishtali,58 the chief qadi in Fez and Ibn 'Arafa the chief qa$i in Tunis.59

ShatibPs disciple Abu Yahya ibn 'A$im who later succeeded al-Nubahi, alone supported Shatibl.60


(4) The most perplexing subject of disputation and which led ShatibI to formulate his doctrine of maqa?id al-Shari'a, was the problem of murd'at aUkhilaf The significance of the problem demands a brief comment.

The principle of mura'at not only admitted the existence of conflic

ting opinions of jurists on a certain point but also stressed the need to

give it full consideration, so as to regard all the varying opinions as valid.

Some jurists even argued that it is obligatory to search for all the differ

ing opinions in a case and then abide by them in such a manner as not to

disregard any of them. This principle in some cases led to free permis

sibility, in some to hardship and in some to mere impossibility.

ShatibI questioned the validity of this principle and wrote to a num

ber of scholars. Among them the names of Ibn Qabbab, Fishtail, Ibn

'Arafa and Sharif TilimsanI are known to us.61 Their explanations, however did not satisfy ShatibI. ShatibI believed that there was no place for conflict of rules in SharVa. To him, "all rules of sharVa originate from

one root, even though there may be a diversity of rules".62

From Shatibfs arguments it appears that he understood Khilaf

essentially as ta'arud al-adilla (contradiction of evidence) while to others

it meant tasdwi al-adilla (equal validity of evidences).

These discussions carried ShatibI into an investigation of the

question of the unity of the origin of the rules of law, intention of the law

giver and the purpose or end of law. The result was his doctrine of

maqdsid al-shari'a which he expounded in his work al-Muwdfaqdt.

Shafibi Accused of Heresy

Sometime during his career ShatibI was accused of introducing innovations (bida1). The exact date of this period of trial is not known.

The inquisitive mind of ShatibI led to discussions and controversies with

other fuqahd'. Most probably the period of trial occured during the time

he was writing his book al-Muwdfaqat, when he corresponded with scholars

about a number of subjects.

Shatibfs verses in reference to this trial indicate how he felt about

these accusations. He says:

O my people you put me to ordeal whereas an ordeal shakes violently,


The one who whirls with it, until it seems to destroy him.

(You condemn me) for preventing wrong, and for attaining any good (maslaba)

May God suffice me in my thought and religion.63

ShatibI recounts the story of this ordeal in Al-Ftisdm in the following words:

I had entered into certain public professions (khutat) such as khafaba (preaching) and imama (leading the prayers). When I decided to straighten

my path, I found myself a stranger among the majority of my contemporaries. The custom and practice had dominated their professions; the stains of the additional innovations had covered the original tradition (sunna).. .6*

I wavered between two choices; one to follow the sunna in opposition to what people had adopted in practice. In that case I would inevitably get what an opponent to the [social] practice would get, especially when the upholders of this practice claimed that theirs was exclusively the sunna...

The other choice was to follow the practice in defiance of the sunna and the

pious ancients. That would get me into deviation [from the true path]... I decided that I would rather perish while following the sunna to find salva tion. .. I started acting in accordance with this decision gradually in certain

matters. Soon the havoc fell upon me; blame was hurled upon me... I

was accused of innovation and heresy.6 5

Shatibi, at this point, enumerates the following charges that were

laid against him.66

(1) Sometimes I was accused of saying that invocations (du'a) serve no purpose ... that was because I did not adhere to the

practice of invocations in congregational form after the ritual

prayer (salat).

(2) I was accused of rafd (extreme shl'ism) and of hatred against the companions ... that was because I did not adhere to the

practice of mentioning the names of the pious Caliphs in the

khutba (Friday sermon)...

(3) I was accused of saying that I favoured rising against the ctimma

(the ruler)... that was becasue I did not mention their names in

the khutba.

(4) I was accused of affirming hardship in religion ... that was

because I adhered to the well-established tradition in duties and

fatwds, while they ignored it and issued fatwds in accordance

with what was convenient to the enquirer...

(5) I was accused of enmity against the awliyd' of Allah (friends


of God)...that was because I opposed some of the innovating

$ufls who opposed the sunna...

ShatibI was accused of bid'a (heresy) mainly because he opposed the

practices of the fuqahd\ Particularly, as mentioned above,67 one of the

controversial problems was that of mentioning the name of the Sultan

in the khutba and praying for him towards the end of the ritual prayers. ShatibI called this practice a bid'a. His action shook the foundations

of the political power of the religious elite. On this issue, it is interesting to note that he was opposed by all the qaÎs in Spain and North Africa as well as by some dignitaries holding government offices.68

Disciples

Among his disciples, Ibn 'A?im is noteworthy. He became the

cheif qadl of Granada. He is known for his Tultfat al-l?ukkam, a comp endium of fiqhi rules compiled for qadis. He also wrote an abridgement of Shatibfs al-Muwafaqat**.

His Death

ShatibI died on eighth of Sha'ban in 790 A.H.7?

HIS WORKS

1. Sharh 'ala al-khula?a fi al-nahw.

A commentary on Alfiya of Ibn Malik, in four parts.

Mentioned in:

0 Al-Maqqarl, Nafb al-Tlb, VII, 275; (fl) Kahhala, Mu'jam al'Mu'allifin 1,118; (Hi) Sarkls, Mu'jam Mafbu'at al-'Arabiyya, 1090; (iv) Fihris al-Azhariyya, IV, 255; (v) Nayl, 48; (vi) Al

Makhluf, Shajarat al-Niir aUZakiyyat 231; (viii) Zirkall, al A'lam, 1,71.

Ms. al-Azhariyya/1487/10806. Beginning:

Four volumes containing Parts 1, 11, 111, and V, written

in old naskh. Copyist's name: 'Umar b. 'Abd Allah al-Man?arawI. The

completion of the third part by the copyist is dated 868 and the fifth 872 A.H. Each page contains 27 lines: 27 cm.71

2. 'Unwan al-ittifaq 'ilm al-ishtiqaq.

Mentioned in:

0 Nayl 48; (ii) Al-A'lam, 1,71; (Hi) Shajara, 231; (iv) Kafchala,

ABU ISHAQ SHAHBI 155

Mu'jam, 1,118; (v) Iddb al-maknun [Al-BaghdadI, Iddb al-Mak nun (cairo, 1945)] 127.

3. Kitab n?ul al-nahw.

Mentioned in;

0 Nayl, 49; (ii) Al-A'lam, 1,71; (Hi) Shajara, 1,231. Shatibl men tions both of the above books (i.e. nos. 2, and 3) in his Shark

al-Alfiya but Ahmad Baba recalls reading elsewhere that Sha

tibl destroyed both of those works in his life-time.73

4. Al-Ifadat wa'l inshadat / insha'at.

Mentioned in:

/) Nafb, VII, 187-192, 276-301; X, 139-140; (//) Nayl 48; (Hi) Sarkls, Mu'jam, 1090; (iv) Al-A'lam, 1,71 (v) Kahhala, Mu'jam, 1,119;

(vi) Shajara 231, (vii) Nwiya; Ibn 'Abbad, 252. As mentioned earlier, the extracts of this work in Nafb and Nayl show that

this was Shatibl's collection of class notes and discussions.7 3

Maqqarl and Ahmad Baba, both have used it as a source of in

formation about the scholars whom Shatibl mentioned in this work.74

5. Kitab al-majalis. A commentary on the chapter of sale (buyu4) in the $ablb of

al-Bukharl.

Mentioned in:

/) Nayl, 48; (ii) Shajara 231; (Hi) Sarkls, Mujam, 1090; (iv) Al A'ldm, 1,71.

6. Al-Muwafaqat.

The original title being 'Unwdn al-ta'rif bi asrdr aUtaklif An

epitome of this work was done by Qadi Abu Bakr b. 'A?im (d. 829 A.H.)75 Published: (a) First published in 1302/1884 in Tunis by the Tunis Govern

ment Press, edited by ?alih al-Qa'iji, 'AH al-Shanufl and Ahmad al-War

tatanl. (b) Reprint of the first part of the above in Kazan in 1327/1909 with an introduction in Turkish by Musa Jar Allah, (c) Third (in fact, the second complete) print in 1341/1923 in Maltba' Salafiyya, Cairo, edited

by Muhammad al-Khidr Husayn, the rector of Al-Azhar, and partly by

Mufcammad Flasnayn al-'AdawI, the administrator of the Religious


Department, Government of Egypt, (d) Fourth print in Matba' Mu?tafa Muhammad (n.d.), edited with extensive notes by Shaykh *Abd Allah Daraz. (e) Fifth print in Matba4 Muhammad 'All, Cairo, in 1969, edited

by Muhammad Muhiy al-DIn 'Abd al-Hamid.

7. Kitab al-Pti?am.

(a) Partly published in Al-Manar XVII, (1333/1913).

(b) Published in Matba' Mu?tafa Muhammad, probably in 1915. This edition was edited by Muhammad Rashld Rida, the editor of Al-Manar.

This is based on an incomplete Ms. from the library of Shanqltl.

(c) The book was briefly reviewed by D.S. Margoliouth in J.R.A.S. 1916.

8. A Medical treatise.

Ms. University Leiden: 139r-140r; CCO 1367; Warn/Or. 331-(3b).

The University of Leiden holds this Ms.7 7 The treatise is not men

tioned by any major authorities on Shatibl. The catalogue, however, attributes this treatise to Shatibl and significantly enough, it describes

it as having been written down by his (ShatibFs) pupil Ibn al-Khatlb.78

The probability that Shatibl was the author of this treatise is heigh tened by the following points. Among ShatibFs teachers, there is men

tion of one al-Shaqurl.79 We have no further information about him.

From other sources we know that a family from Shaqura was known as

a family of physicians, Among them Abu Tamam Ghalib al-Shaqurl and Abu 'Abdullah al-Shaqurl are known as the authors of medical trea

tises.80 We also know that Ibn al-Khatlb was associated with both of

these men. He is also the author of certain medical treatise.81

From these facts, it might conceivably be argued that Shatibl having been taught by one of these Shaqurls, had an education in medicine and

hence could be the author of a medical treatise.

9. ShatibFs Fatawa.8*

1. Preserved in Al-Wansharlsl, Al-Mi'yar al-mughrib'an fatawd 'ulama' Ifriqiya wa'l-Andalus wa'l Maghrib (Fas, 1314-1315 A.H.), I, 22

24, 229, 267-68; II, 230, 401-403; III, 163; IV, 146, V, 17-19, 50-51, 186 189, 192; VI, 254, 279; VII, 68-74; VIII, 235; IX, 163-165, 181, 478; 12. 31-37, 82-83, 87, 88-91, 96-98, 107-111; XII, 6-8, 11, 16, 19, 28, 201, 211.


2. Mss. Mentioned in Caisiri, Bibliotheca Arabica Hispana Escuralenisis, I, 460/No: 1,096.

3. Mentioned in Nayl al-Ibtihaj (Cairo 1251 A.H.), pp. 49f; and Shatibl al-Muwafaqdt and aLrti$am.

NOTES 1. This is Ahamd Baba (d. 1036/1626), the author of Nayl al-Ibtihdj. For details on

his life and works see M. Cheneb, "Ahmed Baba" in El (1st ed.), Vol, 1,191-2; Levi Provencal, "Ahmad Baba", El; (2nd ed.) Vol. 1,279-280; J.O. Hunwick, "Ah mad Baba and the Moroccan Invasion of the Sudan (1591), Journal of Historical Society of Nigeria, II (3, 1962), 311-28; same author, "A New source for the Bio graphy of Ahmad Baba al-Tinbukti (1556-1627)", Bulletin of the School of Oriental and African Studies, XXVII (1964), 568-593; Muhammad MakhlQf, Shajarat al-Nur al-Zakiyya (Cairo, 1349 A.H.), Vol. 1,298.

2. Available to us in two editions; in Maghribi script, (Fas: Matba'Jadida 1317 A.H); second edition, printed on the marign of Ibn FarhOn, Al-Dtbdj al-Mudhahhab (Cairo, 1351). (Henceforth the reference Nayl will refer to the latter edition). The question of Ahmad Baba's sources for Nayl has been dealt with by scholars with varied competence. To my knowledge the best review is still that by Cher bonneau which is mainly a re-enumeration of the sources which Ahmad Baba himself mentions towards the end of Nayl (p. 361). Cf. the following: 1. E. Fagnan, "Les Tabaqat Malikites" in D.F. Saavedra, Homenaje a D.F. Codera

(Zaragoza, 1904), 110.

2. Cherbonneau, "Lettre a M. Defremery sur Ahmad Baba le Tombouctien Auteur du Tekmitet ed-Dibddj", Journal Asiatique, 5e serie, 1(1853), 93-100.

3. Ibn al-Fakkhar al-Biri, Abu 'Abd Allah al-Maqqari, Aba 'Abd Allah al-Tilimsani

and Abu'l Qasim al-Sabti are some of such common teachers. Cf. Maqqari, Nafb

al-Tib, (Cairo: Matba' Sa'ada, 1949), VII, 187 gives an extract from al-ShatibPs Ifadat where al-Shatibi mentions Ibn al-Khatib among others who attended with him al-Maqqari's lectures in 757 A.H.

4. Cf.n.77.

5. Ibn Zumruk whom Ibn al-Khatib patronized and who later replaced Ibn al-Khatib when the latter defected to Tlemcen, was a close friend of al-Shatibi. See Nafh al Tib, X, 139 and F. de la Granja, "Ibn Zamrak", in EJ. (2nd ed.) Vol. HI, 972-73

6. Ibn Khaldun's Shifd' al-Sdll li Tahdhib aUMasd'il, ed. by Muhammad b. Tavit al-Tanji (Instambul, 1957) was written in response to Shatibf s query sent to scholars in the west of whom the names of Ibn Qabbab and Ibn 'Abbad are confirmed by

Wansharisl. The attribution of this treatise to Ibn Khalclan has been doubted by scholars (see: Talbi, "Ibn Khaidun", El (2nd edition), Vol. Ill, p. 828. Tanji, the editor of this work, however, argues in detail in favour of such attribution. He is of the opinion that it was Shatibl whose taqyid (query) is referred to in this treatise. See his Introduction, p.t.


?. For details on the literature of Maliki Tabaqat see: E. Fagnan, *Les Tabaqat Mali kites' op. cit.9 pp. 105-113.

8. Still in Manuscript form. (Bibliotheque Nationale de Paris No. 4627, aussi No. 4614; ZaitOna, No. 3245) vide Fagnan, op. cit., p. 111.

9. See for instance Nayl, pp. 51, 88.

10. Among these notices we may mention the following:

Ignaz Goldziher, Streitschrift des Gazdll gegen die Batinijja-Sekte (Leiden, 1916), pp. 32-34, where he discusses Al-Muwafaqat.

D.S. Margoliouth "Recent Arabic Literature" in J.R.A.S. (London, 1916), pp.

397-98, where he reviews al-Vtisdm.

Among the biographical notices: Brockelmann, Supp. II, 374-75; Muhammad MakhlQf, Shajarat al-Nur al-Zakiyya, (Cairo, 1349), p. 231; Isma'il Pasha Baghdad!, Iddb. al-Maknun, supp, to Kashf al-Zunun (Cairo: Bahiyya, 1945), Vol; 11, p. 127; Mahmud IJasan al-Toniki, Mu'jam al-Musannifin, (Beirut, 1344), Vol. IV, p. 448

454; 'Abd al-Muta' a! al-Sa'idi, Al-Mujaddidun fVl-hldm (Cairo, Namudhajiyya, n.d.) pp. 307-12; 'FaoUl b. 'Ashur, A'ldm al-Fikr al-lsldmifi Tarikh al-Maghrib ah \4rabi (Tunis: Najah, n.d.), pp. 70-77; Yusuf IlianSarkis, Mu'jam al-Matbu'dt al

'Arabtyyah wa'l Mu'arraba, Vol. 1, (Cairo, 1928) p. 1090; Khayr al-Din Zirkili, Al-A'ldm Vol. 1 (2nd ed., 1954), p. 71;Kabbala, Mu'jam al-Mu'allijin (Dimashq, 1957), Vol. l,pp. 118-119.

11. The extract of the relevant entry of this work is available to us in Al-Muwdfaqdt (Tunis edition, 1302), Vol. IV, as an appendix, pp. 1-4.

12. Nayl was completed in 1005 A.H. (Fagnan, op. cit.,). For details on this invasion

and Ahmad Baba's life, see the sources mentioned above in n. 1.

13. i\M,p.46.

14. A well-known and influential scholar in Tunis in Shatibi's time. He was imam of Zaytuna mosque for 50 years. He was the foremost among Ibn Khaldun's

rivals when the latter was staying in Tunis. He had correspondence and discus sions with Shatibl on the question of Mura'dt aUKhilaf. See Ibn Maryam, Al

Bustdn fi dhikr al-Awllya' wa'l'ulama'bt Tilimsan, Ed. Muhammad b. Cheneb

(Algiers 1326 A.H.), pp. 194-195.

15. Nayl, p. 277.

16. Ibid.

17. Ibid., p. 217.

18. Abu'l *Abbas Ahmad al-Wansharisi (d. 914/1506), Al-MVyar al-Mughrib wa'l JamV al-Mu'arrab 'an fatawa 'ulamd' Ifriqiya wa'l Andalus wa'l Maghrib, (Fas, 1314 A.H.)

19. See Nayl, pp. 69, 283, 346.

20. Maqqari supplies lengthy extracts from Al-Ifadat in Nafh Vol. VII, pp. 187-192


(regarding Aba *Abd Allah al-Maqqari); p.p. 276-301 (about Ibn al-Fakhkhar al-BIri), and Vol. X, pp. 139-40 (about Ibn Zumruk).

21. Al-VtUdm, op. cit., pp. 9-12.

22. Al-Muwafaqdt, Vol. IV, pp. 150f.

23. 1. Goldziher, Streitschrift des Gazdllgegen die Batinijja-sekte (Leiden, 1916), p. 32, said that Shatibl "dem aus Xativa stammenden, spater in Granada lebenden". The same mistake was carried out by Brockelmann, G.A.L.S. 11, p. 374; "aus Xativa, gest in Granada". Asin Palacios was also misled by the nisba, as he stated that Shatibl lived in Shatiba, sec Asin Palacios transl. by M.L. de Celigny. "Un Pre curseur Hispano-Musulman de Saint Jean de la Croix". Etude Carmelitaines, 1932, p. 121-22, vide p. Nwiya Ibn 'Abbdd, op. cit., p. 173, n. 2.

24. Levi-Provencal "Shatiba", E.I. (1st ed.) Vol. IV. p. 337.

25. See above note no. 3, and Nafh al-Tib, op. cit.t Vol. VII, p. 275; Shajaraop. cit.t Vol. 1, p. 228.

26. Nafb al-JIb, Vol. VII, pp. 276-278; 297-301.

27. Kahhala, Mu'jam, op. cit.t Vol. VIII, p. 252.

28. Shajara, op. cit.. Vol. 1, p. 233.

29. AM, p. 219.

30. Shajara, p. 230.

31. See Infra note 50.

32. AM, p. 47.

33 Nafbal-Tlb. Vol. VUp.m.

34. Al-Ihafa, Vol. II, p. 139. 35. AM, p. 250.


37. Nafh al-Tib. Vol. VII, p. 206.

38. Ibid., p. 232-249.

39. Nayl. op. cit., p. 245, 346; Shajara, 1, p. 234. Zawftwl was alive until 770 A.H.

40. AM, p. 346.

41. This extract from Shfttibi's al-Ifdd&t is quoted by Ahmad Baba in Nayl, p. 346 and by P. Nwiya, in Ibn 'Abbadde Ronda, p. XXXIX, No. 2.

42. Muhsin Mahdl, op. cit., p. 35, n. 2; Nayl, p. 256.

43. Nayl, p. 256.

44. Nayl, p. 258.

45. The lack of interest in usQl al-Fiqh is observed by Ibn Sa'id as quoted by Maqqari in Nafh al-Tib. Vol. 1, p. 206.

46. Al-I'tisdm, op. cit., Vol. 1, p. 9.

47. Nayl. p. 221.

48. Ibid.


49. AUMuwafaqat, Vol. 1, op. cit., p. 22.

50. Lopez Ortiz, "Fatwas granadinas de los siglos XIV y XV, AUAndalus.Yl (1941), 85; Nayl, 49; MVydr, XI. 101-107.

51. P. Nwiya (Ed.), Ar-Rasd'il as-Sugrd, (Beiruth: Imprimerie Catholique, 1958), pp. 106-115, and Appendice C pp. 125-138, Ibid, Ibn 'Abbad de Ronda, (Beiruth: Im primerie Catholique, 1956), pp. 209-13.

52. Tavtf Janji, op. cit.t (Our references to Shi/a' are based on this edition); P. Khalife (ed.), (Beyrouth, 1958). Ibn KhaldOn, Sifa-us-Sd'il litahzib al-MasdHl

53- A. Bel, " 'Abd al-Wafcid al-Rashid", El (1st ed.) Vol. 1, p. 66.

54. Ibid., pp. 237-8.

55. Al-Wansharisi, AUMVyar, Vol. XI, p. 109.

56. Levi-Provencal, introduction to Al-Nubahi, AUMarqabat al. 'ulyd, p./. 57. Shajara, op cit., p. 231.

58. Nayl, op. cit. p. 266.

59. Wanshairis, AUMVyar. Vol. Vi, pp. 258ff.


61. AUMVyar, op. cit., pp. 254-280.

62. AUMuwafaqat, Vol. IV, p. 118.

63. Nayl. p. 49. op. cit.,

64. AUI'tisdm, op. cit., p. 9f.

65. Ibid., p. 11.

66. Ibid., p. 11 ff.

67. Seep. 182ff.

68. Seep. 183ff.

69. Leon Bercher, (ed. Transl. and Comments on) Ibn 'Acim al-Malikl al-Gharnatif AWAcimiyya ou Tub*fat aUHukkam fi nukat aWuqoud wa'l ah'kam, (Alger, 1958), Introduction, p. III.

70. Nayl, op. cit., p. 49.

71. Fihris Maktaba Al-Azhariya, V (Cairo, 1946), p. 255; also see 'Abd al-âflz MansQr, Fihris Makhfufat aUMaktaba al-Abmadiyya bi Tunis, (Beyrut: Dar al-Fath, 1969), pp. 316-319.

72. Nayl. op. cit,. p. 49.

73. See above. Recently P. Nwiya (Ibn Abbadde Ronda, Beyrouth, 1956), pp. XXXIX, 252), has consulted this Ms. in Morocco. The present writer has, however, failed to locate it.

74. See above notes 20, 41.

75. Shajara, 1, p. 247.

76. These extracts from al-I'tisam were mistaken for extracts from AUMuwafaqat by

1. Goldziher, and the same mistake was carried on in Brockeimann.


77. Voorhoeve, Handlist of Arabic Manuscripts, (Library of University Leiden, Lugduni: Batavorum, 1957), p. 438.

78. Ibid.

79. Nayl, p. 47.

80. See Renaud, "Un medecin du royaume de Granade: Muhammad as-saqun, Hcsperis Vol. XXXIII (1946), pp. 31-64.

81. Renaud, "Deux ouvrages perdus d*Ibn al-Hatib: Identifies dons des manuscripts de Fes-Conclusion sur Ibn Al-ljjatib medecin", Hesperis, XXXIII (1946), pp. 213 225. Also Nayl pp. 264-265.

82. For a detailed analysis of Shatibi's Fatawa, see M. Khaiid Mas'ud, op. cit.9 Ch. V, and Lopez Ortiz, op. cit.

ABŪ ISḤĀQ SHĀṬIBĪ HIS LIFE AND WORKS

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