Arap dili ve belâgatı konusunda otorite kabul edilmiş bir şahsiyet olan Zemahşerî (ö.538/1143) çok yönlü bir âlimdir. Tefsir, fıkıh, hadis ve kelâm gibi disiplinlerde de geniş bir ilme sahip olan Zemahşerî itikatta koyu bir mu’tezilî olup, amelde ise Hanefî mezhebine mensuptur. Onun fıkıhla ilgili kaleme almış olduğu “Ruûsu’l-mesâil” isimli eseri hilâf ilmi açısından önemli bir yere sahiptir. Zemahşerî bu eserinde, mensubu olduğu Hanefî mezhebinin Şâfiî mezhebinden farklı olan hükümlerini çoğunlukla herhangi bir tercihte bulunmadan karşılıklı deliller bağlamında mukayeseli olarak okuyucuya sunmaktadır. Bu yönüyle Zemahşerî’nin yaygın olarak bilinen diğer yönlerinin yanında iyi bir fakîh olduğunu söylemek mümkündür. Zira iki tarafın delillerini ortaya koymak suretiyle Hanefî ve Şâfiî mezhepleri arasındaki ihtilafları muhtasar bir biçimde ortaya koyan bir eser kaleme almak, her iki mezhebe de vâkıf olmayı gerektirir. Diğer eserlerinde itikâdî olarak mu’tezilî taraftarlığı dikkat çeken ve bu yönde muhaliflerini sert bir dille eleştirdiği göze çarpan Zemahşerî’nin bu eserinde amelde mensubu olduğu Hanefî mezhebi noktasında aynı üslubu takip etmediği ve daha müsamahakar bir çizgi izlediğini görmekteyiz. Müellifin bu yönüyle okuyucuya fürû’ fıkıhta mezhep taassubundan uzak çok yönlü bir fıkıh düşüncesi kazandırmayı amaçladığını söylemek mümkündür. Bu çalışmada fıkhın alt disiplinlerinden uzmanlık gerektiren hilâf türünde muhtasar olarak kaleme alınan “Ruûsu’l-mesâil” isimli eseri bağlamında Zemahşerî’nin fıkıhçılık yönü tespit edilmeye çalışılmıştır.
Zamahsheri, a figure recognized as an authority on the subject of Arabic language and literature, is a versatile scholar. Zamahsheri, who has extensive knowledge in science such as commentary, fıqh, hadith and kalam, is a dark Mutazıla in the belief and a member of the Hanafi denomination in practice. His work titled “Ruus al-mashail”, which he received a remnant of relevance to the jurisprudence, has an important place in the science of the Dispute. In this work, Zamahsheri presents to his readers the comparative provisions of the Hanafi sect, whose members are different from those of the Shafi sect, mostly without any preference, in the context of mutual proofs. It is possible to say that this aspect is a good jurist besides other widely known aspects of Zemahsharı. In his other works, we see that he did not follow the same style in the Hanafi sect, which is a member of the operative in this work of Zemahsari, who is attracted to the mu'tazilian supporters and criticized his opponents hardly, and is more tolerant. It is possible to say that the author intends to make a multi-faceted fıqh thought away from the confession of the reader in this direction. In this study, it was tried to determine the direction of Zemahshari's fiqhism (jurisdiction) in the context of his work "Ruus al-mashaıl", which in the field of dispute science, which requires expertise from the subordinate disciplines of fiqh.
Zamahsherı who came to the forefront with his competence in the fields of language, eloquence and commentary, has many works in different fields and especially fame with his exegesis called “al-Khessâf”. Zamahsherı has written his work called “Ruus al-mashail” which contains controversial issues between Hanafi and Shafi'i sects. His work titled “Ruus al-mashail”, which he received a remnant of relevance to the jurisprudence, has an important place in the science of the Dispute. There is no hesitation when this work belongs to Zamahsherı. The only manuscript of this work dated a.h. 576 by Abdullah Nazır Ahmad has been printed. This work is a rare work that reflects and reveals his relatively more background-like jurist personality. This work reveals that Zamahsherı is also a competent jurist among other widely known aspects. Because, by revealing the evidence of the two sides, to obtain a work that reveals the controversies between the Hanafi and Shafi sects in a clear form requires that both sects have a claim. In this work, which was written at a time when there was a strong sectarian commitment, we witnessed that Zamahsherı displayed a permissive attitude and a mutilated approach without showing any commitment to the Hanafi sect.
Zamahsherı used the sources in his work; “Qur'an-Sunnah/ Hadith-Sahaba Narratives, Companions of Sahaba and Reason” we can be grouped into five groups. He used 126 ruling verses and 347 ruling hadiths as sources / evidence in his work. He also included companions and natural narratives in his book and conveyed 77 different narratives in total.
Zamahsherı didn’t deal with all the subjects of fürû-i fiqh in his concise work called Ruû'u’l-mesâil. He presented the main controversial issues between Hanafi and Shafi'i sects in a comparative, easy, understandable and concise manner for both the beginners of fiqh and the students who have come a long way in this field. With these aspects, it is a precious work in which readers can have a multi-faceted opinion about hundreds of issues and gain a general idea of fiqh. In addition, we can clearly see that Zamahsherı pursues goals such as education and abolish sectarianism and opening the door to exploiting the views of other sects in daily practice. Moreover, it is seen that the Issues which are in different chapters and which have similar provisions are gathered under a single chapter. These features also show that the work is written for educational purposes, it is a method that provides great benefit in the memory of the student's important provisions appear.
While studying the subjects under the title of Zamahsherı after submitting the verdict of Hanafi and Shafi sect, he presents the evidence of both sides. While doing this, first of all the views of Abu Hanifa, then Shafi. But, in rare cases, he mentioned the views and proofs of Shafi and then Abu Hanifa. He approached Zemahshari issues objectively, conveyed the views and evidences of both denominations as they are. He made no choice and didn’t enter into a dispute or argument between the evidence. However, due to Zamahsherı Hanafi, he tried to answer the objections against Hanafi views on the procedural grounds in the framework of scientific-logical measures and tried to put forward some reasons for not pursuing the sect. In this context, he also complied with the tradition of controversy, which is the general characteristic of implicit caliphate books, which made comparisons between evidences in some Issues.
Zamahsherı presented the matter with his style of asking questions and stripped from the general method he followed in very few places, and then answered this.
In addition to Abu Hanifa and Shafi, in his work, It also included the views of Abu Yusuf and Muhammad al-Shayban and Enes the son of Malik. If there is a dispute about the provision in the Hanafi sect, it did not include this conflict within the sect. However, Zamahsherı mentions the issues that Abu Yusuf and Muhammad al-Şhayban agree with Shafi, unlike Abu Hanifa, together with the evidence.
He after giving some proofs on the subject in some of issues, if there is a closedness in them, the conflict between Hanafi and Shafi sects and the explanation of this issue made it easier to understand the issue. He also explained some of the issues by making comparison with only the mental evidence. Furthermore, the fact that the Hanafi and Shafi sects are separated from each other by not only mentioning all the evidences of the two sides shows that Zamahsherı aims to give the reader a broad idea of fiqh instead of teaching sectarian views.
Publication Date : December 30, 2019
|ISNAD||Teki̇n, Abdülkadir . "Zemahşerî’nin 'Ruûsu’l-Mesâil' İsimli Hilâf Türü Eserinin Tahlil Edilmesi". Hitit Üniversitesi İlahiyat Fakültesi Dergisi 18 / 36 (December 2019): 465-496 . https://doi.org/10.14395/hititilahiyat.569949|