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Islamic Studies (Islamabad) 14:2 (1975)



Abii Ishiiq Sh8tibi 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 modernists 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 available data, of the information about his life, his teachers, his disputations with other scholars and his works.

To my knowledge Ahmad Bibii'sl (d. 103611626) Nayl al-Ibtihcfj2 written about two hundred years after Sh8tibi's death, contains the first biographical notice on Shiitibi. Among his contemporaries Lidn al-DSn Ibn al-Kh8tib (d. 7761 1374) and Ibn Khaldiin (d. 78411382) wrote at length about Granada and scholars living there in this period. Ibn al-Khatib and Shltibi had common teachers3 (and one of the sources even describes Ibn al-Khatib as a pupil of ShiitibQ4 and common friends.5 Ibn Khaldiin wrote a treatise6 in response to Shitibj's query addressed to the scholars in the West. It would be a reasonable assumption that both Ibn al-Khatib and Ibn Khaldiin would have known Shyibi, nevertheless, neither of these important writers makes mention of Shiitibi. Among the authors of the WaqLit of the M8likis,7 neither Shatibi's contemporary Ibn Farhiin (d. 799/1369), author of AI-Dibdj al-Mudhahhub, nor Badr al-Din al-Qarifi (d. 1008!1599), author of Tawshib al-Dibij,fJ the complement of al-Dlbdj, mention Shiitibi. As Ahmad B8bi points 'out in strong language?, Qariifi lacked sufficient knowledge of the Islamic West. Alpnad E b i is not only the first biographer but also an original

authority in this respect. Almost all of the later scholars who have taken notice of Shitibi belong to the twentieth century, and depend largely on Ahmad Bibi's notice.10 A b a d Bibi treats of Shitibi in Nyal al-IbtihGjas well as in K~fiyat al-Mu!ztiij11which supplemented the former. Nayl was written during Ahmad Bibi's internment in Morocco, where he was taken as a prisoner after the invasion of the Sudan by the Sultin of Morocco in 1591. There, Ahmad Bib$ though he was without his personal 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, &mad Bibft's high regard for Shitibi may be suggested as a specific reason why A b d Bib3 mentioned Shitibi. This esteem is reflected in the honorific titles with which he mentions Shitibi.13 His regard for Shiubi further manifests itself when he disputes Abii vimid Makki's claim for his master Ibn 'Arafa (d. 803 A.H.)14 as "being peerless in tdqiq (the skill of applying general principles of (MilikQ school to particular cases)."ls Ahmad Bibi mentions Shitibi as one example of scholars who were in no way lesser than Ibn 'Arafa.16 Elsewhere he says,
"Among the people of the ninth antury (sixteenth) there are those who assert their attainment of the status of Gtihid, whileImilm al-SMtibi and uafid Ibn Mankl (d. 84211438) declined it for themselves,. It is certah that bothof them had more profound knowledge (of S b f ' a and thus (were) more deserving of this status than those who claimed it.17

We have dwelt long on the question of why Ahmad Bib5 first took notice of Shitibi while others did not. Let us now discuss Ahmad Bibi's sources for his biography of Shitibi. Beside the sources mentioned towards the end of Nayl, the most significant among them being Wansharisi,18 Ahmad Bjlbi used Shstibi's own work Al-Ifadit wa? Inshiidiit.19 This work seems to consist of Shitibi's class notes and of anecdotes narrated by his teachers. The extracts from this work, as quoted by al-Maqqarizo in his Nafjt al-Tib and by *mad Bib2 in Nayl, indicate that the IfiuZt must contain considerable information about Shitibi's teachers and himself. If that be so, A h d Bsibi's information about Shiiibi 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 Ifidiit as quoted in Nayl and Nafi.



We have also used Shifibi's al-Muwdfaqdt and al-I'tigdm. The preface in d-I'tipim explains the circumstances that shaped SMtibi's thoughts on Shari'a and its objectives and as to why he was accused of 'heresy721. AEMuwiifaqdt refers to the discussions22 in which Shstibi became involved with other scholars.

Shltibi's Life
His full name is reported as Abii Ishiq Ibriihlm b. Miid b. Muhammad al-lakhmi al-ShBtibT. We know virtually nothing about his family or his early life. This latter nisba has misled some sholars to maintain that Shltibi was born or lived in Shitiba before coming to Granada.23 This is not possible because Shafiba was taken by the Christians a few decades ago, and, according to the chronicles, the last Muslims were driven out of Shitiba in 64511247.24 Shltibi grew up in Granada and acquired his entire training in this city which was the capital of the N a ~ r i kingdom. ShBtibi's youth coincided with the reign of Sultfin Muhammad V al-Ghani Billih, 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 N a ~ r court, names of such scholars as Ibn Khaldiin and Ibn Khabb i being sufficient to illustrate our point.

We do not know when and what subjects Shltibi studied. What follows in an account of some of his teachers, from which an idea of his education may be drawn. It appears that, according to normal practice, Shitibi started his training with studies in Arabic language, grammar and literature. In these subjects, he benefited from two masters. He began his studies with Abii 'Abd AUlh Muhammad b. al-Fakhkhir al-BhW who was known as 'the master of grammarians' (Shaykh al-Nubat) in Andalus. Shltibi stayed with him until the Iatter's death in 75411353. ShitibT's notes about al-Fakhkhir in Ifiddt illustrate clearly that he received a thorough training in matters pertaining to the Arabic language.26 His second teacher in thc Arabic language was Abfi'l Qkim alSharX al-Sabti (760/1358), author of the well-known commentary on MaqpZra of I@zim.27 Hc was called "The Bearer of the Standard of Rhetoric".28 He was chief QBQi in Granada in 76011358.

The famous Andalusianfqih Abii Sa'fd Ibn Lubb began his lectures in the Madrasa Nqriyya in 754/1353.29 Most probably he had succeeded al-Fakhkhiir on the latter's death. Ibn Lubb was well versed in fiqh and was recognized for his "rank of ikhtiyar (decision by preference) in respect to fatwa"30 Shiitibi's training in fiqh was almost entirely completed with Ibn Lubb. Shltibl owes much to him, but he entered into controversy on a number of issues, with Ibn Lubb also., 1 We need not recount the names of all of Shiitibi's 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 Abii 'Abd M l h al-Maqqari33 who came to Granada in 75711356 on a diplomatic mission sent by the Marini Sultln Abii 'Iniin.34 Maqqari had an eventful career. Sulth Abii 'Inln chose him as his chief Qadi, but soon Qldl Abii 'Abd Alllh al-Fishti% succeeded in having him deposed. Maqqari was sent to Granada Sulpn arrested him from where he refused to return to Fez. The N a ~ r i and sent him back. Abii'l Qlsim al-Sabti and Abii'l Barakfit Ibn alHljj al-Balfiqi, Qiidis of Granada, followed him to Fez to secure his release. Nevertheless, Maqqari was tried by al-Fishtdi and was convicted.35 Maqqarh academic tastes were versatile. He is the author of a book on Arabic grammar. He was known as holding the rank of "mubaqqiq"36 (expert on the application of general principles of the [Miilika school to particular cases), in Fiqh. Maqqari seems to have acquainted Shiitibi with Razism in U@l al-Fiqh. He started to compose an abridgement of Fakhr al-Dln al-RaVs (60611209) al-Mu?1av~d.~7He is also the author of a commentary on Mukhtawr of Ibn gljib who introduced Razism into Mlliki qiil d-fiqh. Maqqari is also responsible for initiating ShiitibI into Siifism, in a special Silsila of Shiidhiliyya. Maqqari is known for his book d-flaqd'iq wa'l-raqd 'iq fi d-tamvwuJ 3 8 Mention must also be made of two of Shiitibi's teachers who introduced him to falsafa and kahm and other sciences which are known in the Islamic classification as the rational sciences (al- 'u1ii.m al- 'aqliyya) as opposed to the traditional sciences (d-'ulrSm al-naqlyya). Abii 'Ali Man~iiral-Zawiiwi 39came to Granada in 75311352. Ibn al-Khatib 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 76511363, he was expelled from the Andalus.40 Shitibi mentions Zawiw? quoting his teacher, Ibn Musflr, saying that in his commentary on the Qur'Bn, Rizi relied on four books, all written by the Mu'tazilis; in u@l al-din on Abii'l Husayn's Kitcib al-Dalci'il, in @I al-fiqh on his al-Mu'tarnad, in z@l al-tafsir on Qidi 'Abd al-Jabbir's Kitib al-Tafiir (?), in @I al-'Arabiyya and baycin on Zarnkhshari's KizshshrSf.41 This comment seems to imply that Zawiiwi and his teacher saw in R i d a continuation of Mu'tazill kalcim. Al-Sharif al-Tilimsini (d. 77111369) also seems to have been critical of Razism. He studied with Abilf and specialized in the rational sciences. Ibn Khaldiin metnions that Tilimdni secretly taught Ibn 'Abd al-Salim the books of Ibn Sini and Ibn Rushd.4 2 Tilimsini was well-versed in both the traditional and the rational sciences. Contemporary scholars laid stress on his attainment of the rank of Mujtahid.43 Ibn 'Arafa lamented Tilimsini's death as the death of the rational sciences.44 From the above account of his notable teachers it may be concluded that Shitibi's training must have been quite thorough in both the traditional and the rational sciences. His mzin interest, however, as we shall see from the list of his works, concentrated upon the Arabic language and U~iil al-fiqh, particularly the latter. Shti~ibi's Interest in Upil al-Fiqh Fiqh was a very profitable and hence popular subject, but interest in ugiil al-fiqh was rare in the Andalus.45 What induced Shitib? to interest himself in 1 al$qh 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 Shitibi very early in his training years. He says:
Ever since the unfolding of my intelligence for understanding (things) and ever sin= my anxiety was directed towards seeking knowledge, I always looked into its (the shri'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 tumultuous sea.. .so much so that I feared to destroy myself in its depths.. .until

M. KHALID MAS'UD God showed His kindness to me and clarified for me the meaning of SharPa which had been beyond my reckoning.. . From here I felt strong enough to walk on the path as long as God made in It easier for ma. I started with the principles of religion (u~PIaldin) 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 bidd and what was lawful and what was not. Comparing and collating this with the principles of religion and law wqh), I urged myself to accompany the group whom the Prophet had called sowrid at-a'qam (the majority)d6.

One of the most perplexing problems for Shitibi was the diversity of opinion among scholars on various matters. Use of the principle of murE'Et al-khiliif 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 Maliki jiqh. Shatibi himself recalled that the diversity in the statements of Mdik and his companions used to occupy his mind frequently.*' Studying with Abii Sa'id b. Lubb, Shatibi faced such perplexities very often. He states:
I once visited our master, Abii Sa'id b. Lubb, the rnushriwir, 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 fatwri, and (to explain) why I intended for leniency in that". We knew about his fatwri. . We disputed with him on his answer.. . He said "I want to tell you a useful rule in issuing a fatwri. 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 fatwE." Before this meeting various aspects in the statements of MBlik 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 ~ u b b ' s clarification no longer convinced him. Shitibi 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 impact on Islamic law was quite conspicuous. Introduction of new educational system, change in the authority pattern of Granadian jurists, permeation of Ta~awwufand 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. Shitibi 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 declarcd these taxes as unlawful, not provided for in Shari'a. Sl~iitibi opposed the Mufti Ibn Lubb arguing that the safeguard of public interest (masl&a)was 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 Shatibi's time when the treasury had to pay a heavy tribute to the enemy.50 (2) Along with the ~iifis some jurists started claiming submission to shaykh as obligatory. To Shatibi this was a claim to religious authority which only befitted the Holy Prophet. He composed a detailed query of and sent it to a nubmer of scholars in North Africa. ~ h r e e the responses to this query have come down to us. Those of Ibn Qabbab (d. 77011377) and Ibn 'Abbad of Ronda, (d. 79211389) were preserved by Wansharisi in his al-Mi'yrir al-mughrib.5 1 The third answer was written by Ibn Khaldiin in ShijZ' al-s2il li tahdhib al-mmii'il.5z (3) The mention of the ruling sultan or khalifa in khulba as a symbol of legitimacy had long been accepted in practice. Al-Muwahhidiin introduced a further addition to this practice: mention of the name of the mling caliph after the prayers in congregational invocation.53 A few scholars opposed this practice even at the risk of their lives.54 Shitibi also publicly opposed it. It appears that for this he was deposed from imtima and was put to trial.55 The jurists in his time wrote in refutation of Shatibi and disputation continued throughout Spain and North Africa. Some names of the scholars who wrote treatises on this subject, have come down to us: Abii'l Hasan al-Nubihi, the chief qidi of Granada,56 Abii Sa'id ibn Lubb, rector of Nagriyya madrasa,57 Granada, Muhammad al-Fishtili,58 the chief qidi in Fez and Ibn 'Arafa the chief qi@ in Tunis.59 Shitibi's disciple Abii YahyB ibn '&im who later succeeded al-Nubihi, alone supported Shatibi.60

(4) The most perplexing subject of disputation and which led Shatibi to formulate his doctrine of maqQid al-Shari'a, was the problem The significance of the problem demands a brief of mwZiit al&iIdJ comment.
The principle of murE'dt not only admitted the existence of conflie 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 differing 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 permissibility, in some to hardship and in some to mere impossibility. Shltibi questioned the validity of this principle and wrote to a nurnber of scholars. Among them the names of Ibn QabbBb, Fishtiili, Ibn 'Arafa and Sharif Tilimslni are known to us.61 Their explanations, however did not satisfy Shitibi. Shlfibi believed that there was no place for conflict of rules in Shari'a. To him, "all rules of shari'a originate from one root, even though there may be a diversity of rulesW.6z From ShBtibi's arguments it appears that he understood Khilcf essentially as ta'crud al-adilla (contradiction of evidence) while to others it meant tasiiwi al-adilla (equal validity of evidences). These discussions carried Shllibi into an investigation of the question of the unity of the origin of the rules of law, intention of the lawgiver and the purpose or end of law. The result was his doctrine of maqeid al-shari'a which he expounded in his work al-Muwlifqdt.
Shcitibi Accused of Heresy

Sometime during his career Shitibi was accused of introducing innovations (bida'). The exact date of this period of trial is not known. The inquisitive mind of Shltibi led to discussions and controversies with Most probably the period of trial occured during the time other fuq&'. he was writing his book al-MuwEfaqZt,when he corresponded with scholars about a number of subjects. Shliibi's verses in reference to this trial indicate how he felt about these accusations. He says:
0 my people you put me to ordeal

whereas an ordeal shakes violently,


The one who whirls with it, until it seems to destroy h m i. (You condemn me) for preventing wrong, and for attaining any good (ma+laha) May God suffice me in my thought and religioa6'

Shatibi recounts the story of this ordeal in Al-I'tim in the following words:
I had entered into certain public professions (&hutat)such as khaflTbo (preaching) and i m h a (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 (swura). . .a4

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 s u m . . . 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 s u m to find salvation.. . 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.65

Shfitibi, at this point, enumerates the following charges that were laid against him.66
(1) Sometimes I was accused of saying that invocations (du'c5) serve no purpose ... that was because I did not adhere to the practice of invocations in congregational form after the ritual prayer (~alit). (2) 1 was accused of rafd (extreme shi'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 khufba (Friday sermon)...

(3) I was accused of saying that I favoured rising against the a'imma (the ruler). .. that was becasue I did not mention their names in the khulba.
(4) I was accused of affirming hardship in religion ... that was because I adhered to the wellestablished tradition in duties and farwcis, while they ignored it and issued fatwcis in accordance with what was convenient to the enquirer...

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



of God)...that was because I opposed some of the innovating giifis who opposed the sunna.. .
Shitibf was accused of bid'a (heresy) mainly because he opposed the practices of the fuqahc'. Particularly, as mentioned above,67 one of the controversial problems was that of mentioning the name of the Sulpn in the khufba and praying for him towards the end of the ritual prayers. Shifibi 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 qidis in Spain and North Africa as well as by some dignitaries holding government offices.68 Disciples Among his disciples, Ibn '&im is noteworthy. He became the cheif qi@ of Granada. He is known for his Tulfat al-Bukkiim, a comp endium offiqhi rules compiled for qiidis. He also wrote an abridgement of Shifibf's al-MuwiifaqW9.

Hs Death i
Shifibi died on eighth of Sha'bin in 790 A.H.70

I. Sharh 'all al-khdlsa fi al-@w. A commentary on Alfiya of Ibn Milik, in four parts. Mentioned in :
i) Al-Maqqari, Nafb al-Tib, VII, 275; (ii) Kahhila, Mu* al-Mu'allifrn I, 118; (iii) Sarkfs, Mu'jam Mafbii'iit al- 'Arabiyya, 1090; (iv) Fihris al-Azhariyya, IV, 255; (v) Nayl, 48; (vi) AlMakhliif, Shajarcft al-Niir al-Zakiyya, 231; (viii) Zirkali, alA'l&n, 1,71. Ms. al-Azhariyya/1487/10806. Beginning:
6 1 L

JG Cj,cs



GI 4 1

Four volumes containing Parts 1, 11, 111, and V, written in old nuskh. Copyist's name: 'Umar b. 'Abd AUih al-Manqar8wf. 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. 'Unwin al-ittifiq 'ilm al-ishtiqiq. Mentioned in :
i ) Nayl, 48; (ii) Al-A'liim, 1,71; (iii) Shajara. 231; (iv) Kibhali,



Mu'jam, 1,118; (v) Idcib al-makniin [Al-Baghdidi, Id* niilt (cairo, 194511 127.


Mentioned in; i) Nayl, 49; (ii) Al-A 'lim, 1,7l; (iii) Shajara, 1,231. Shifibi mentions both of the above books (i.e. nos. 2, and 3) in his Sharb al-Alfiya but Ahmad B i b i recalls reading elsewhere that Shitibi destroyed both of those works in his life-time.72 4. Al-Ifidst wa'l inshid& 1 inshi'it. Mentioned in: i) Nafb, VII, 187-192, 276-301; X, 139-140; (ii) Nayl, 48; (iii) Sarkk, Mu*, 1090; (iv) Al-A'lim, 1,71 (v) Kahhila, Mu'jm, 1,119; (vi) Shajara 231, (vii) Nwiya; Ibn 'Abbcid, 252. As mentioned earlier, the extracts of this work in Nafb and Nayl show that this was ShBtibi's collection of class notes and discussions.73 Maqqari and Ahmad Bibi, both have used it as a source of information about the scholars whom Shifibi mentioned in this work.74

5. Kit2b a1 majais. A commentary on the chapter of sale (buyii') in the Sahib of al-Bukhiri.
Mentioned in: i) Nayl, 48; (ii) S G a r a 231 ; (iii) Sarkis, M u m , 1090; (iv) AlA'Zh, 1,71. 6. Al-Muwifiqat. The original title being 'Unwcin al-ta'rif bi asrcir al-taklif. An epitome of this work was done by Qadi AbCl Bakr b. 'Asim (d. 829 A.H.)75 Published: (a) First published in 130211884 in Tunis by the Tunis Government Press, edited by Sdih al-Qa'iji, 'Ali al-Shanfiff and Ahmad al-Wartaanf. (b) Reprint of the first part of the above in Kazan in 132711909 with an introduction in Turkish by Miisi J i r Allih. (c) Third (in fact, the second complete) print in 134111923 in Matba' Salaiiyya, Cairo, edited by Muhammad al-Khidr Uusayn, the rector of Al-Azhar, and partly by Muhammad Uasnayn al-'Adawi, the administrator o the Religious f

Department, Government of Egypt. (d) Fourth print in Matba' Musfaf& Muhammad (n.d.), edited with extensive notes by Shaykh 'Abd Allah Dariiz. (e) Fifth print in Matba' Muhammad 'Mi, Cairo, in 1969, edited by Muhammad Muhiy al-Din 'Abd al-Hamid.

(a) Partly published in AEMamir XVII, (133311913).7 6

(b) Published in Matba' Mustafii Muhammad, probably in 1915. This edition was edited by Muhammad Rashid Rid&,the editor of Al-Mmiir. This is based on an incomplete Ms. from the library of Shanqci.

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

8. A Medical treatise. Ms. University Leiden : l39r-14Or; CCO 1367; Warnlor. 331-(3b). The University of Leiden holds this Ms.77 The treatise is not mentioned by any major authorities on Shitibi. The catalogue, however, attributes this treatise to Shiitibi and significantly enough, it describes it as having been written down by his (Shatibi's) pupil Ibn al-Khatib.78 The probability that Shiitibi was the author of this treatise is heightened by the following points. Among ShBtibi's teachers, there is mention of one al-Shaqiiri.79 We have no further information about him. From other sources we know that a family from Shaqiira was known as a family of physicians. Among them Abii Tamim Ghalib al-Shaqiir? and Abii 'Abdullfih al-Shaqiiri are known as the authors of medical treatises.80 We also know that Ibn al-Khatib was associated with both of these men. He is also the author of certain medical treatise.8 1 From these facts, it might conceivably be argued that Shiitibi having been taught by one of these Shaqiiris, had an education in medicine and hence could be the author of a medical treatise. 9. Shiitibi's FatBwB.82 1. Preserved in Al-Wansharisi, Al-Mi'yiir al-mughrib'an fatiiwli 'ulamd' Ifriqiya wa'l-Andalus wa'l Maghrib (Fas, 1314-1315 A.H.), I, 22 24, 229, 267-68; 11, 230, 401-403; 111, 163; IV, 146, V, 17-19, 50-51, 186189, 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, 21 1.



2. Mss. Mentioned in Caisiri, Bibliofheca Arabica Hispana Xscuralenisis, I, 460/N0 : 1,096.

3. Mentioned in Nayl al-Zbtihiij (Cairo 1251 A.H.), pp. 49f; m d Shittibl al-Muwrifaqclt and al-l'ti$rim.

1. This is Ahamd BBW (d. 1036/1626). the author of Nayl al-Zbtifij. For details on his life and works see M. Cheneb, "Ahmed MbB" in E (1st ed.), Vol, 1,191-2; Z Levi Provencal, "&mad BBW', El; (2nd ed.) Vol. 1,279-280; J.O. Hunwick. "Ahmad JZG and the Moroccan Invasion of the Sudan (1591), Journal of Historical Society of Nigeria, I1 (3, 1962). 311-28; same author. "A New source for the Eiography of Ahmad BiibB al-Tinbukti (1556-1627)", Bulletin of the School of Oriental and African Studies. XXVII (1964). 568-593; Mubarnmad hiakhliif, Shajarat al-Niir al-Zakiyya (Cairo, 1349 A.H.), Vol. 1,298.
2. Available to us in two editions; in Maghribi script, (FBs: Matba'Jadida 1317 A.H); second edition, printed on the marign of Ibn Farhfin, AI-Dibcij ol-Mudhahhab (Cairo, 1351). (Henceforth the reference Nayl will refer to the latter edition). The question of &mad BiibB's sources for Nayl has been dealt with by scholars with varied competence. To my knowledge the best review is still that by Cherbonneau which is mainly a reenumeration of the sources which Alpnad BBbB himself mentions towards the end of Nayl (p. 361). C f . the following: 1. E. Fagnan, "Les Tabaqst Malikites" in D.F. Saavedra, Homenaje a D.F. Codera (Zaragoza. I*), 110.

2. Cherbonneau. "Lettre a M. Defremery sur Abmad B&bl le Tombouctien Auteur du Tekmilet ed-DibZ&', Journal Asiatique, 5e serie, 1(1853), 93-100.
3. Ibn al-FakkhFtr al-Biri, Abii 'Abd Allah al-Maqqari. Abii 'Abd AlEh al-Tilimslni and Abii'l QBsim al-Sabti are some of such common teachers. C f . Maqqari, Nafi aCpb, (Cairo: Matba' Sa'Bda, 1949), VII, 187 gives an extract from al-ShBtibi's Zfiddt where al-ShBtibi mentions Ibn al-Khatib among others who attended with h al-Maqqari's lectures in 757 A.H. i m

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-ShBtibi. See Nafh al716, X , 139 and F. de la Granja, "Ibn Zamrak", in E.Z. (2nd ed.) Vol. III, 972-73
6. Ibn Khaldiin's Sh$i' al-Sci'il li Tahdhib al-Mmci'il, ed. by Muhammad b. TBvit al-Tanji (Instambul, 1957) wa5 written in response to Shtitibi's query sent to scholars in the west of whom the names of Ibn QabbBb and Ibn 'AbbBd are confirmed by Wansharisi. The attribution of this treatise to Ibn Khaldiin has been doubted by Z scholars (see: Talbi. "Ibn Khaldiin". E (2nd edition). Vol. III, 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 Sh5tibi whose taqyid (query) is referred to in this treatise. See his Introduction. p.t.

7. For details on the literature of MUci Tabaqat see: E. Fagnan. 'Lcs Tabaqat Malikites' op. cit., pp. 105-113.

8. Still in Manuscript form. (EJibliothique Nationale de P r s No. 4627, aussi No. ai 4614; Zai tiha, 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, Streitschrvt des Gazdli gegen die Batinga-Sekte (Leiden, 1916). pp. 32-34. where he discusses AI-Muwdfaqdt. D.S. Margoliouth "Recent Arabic Literature" in J.R.A.S. (London. 1916), pp. 397-98, where he reviews al-16ti,cdrn. Among the biographical notices: Brockelmann, Supp. 11, 374-75; Mubammad Makhliif, Sh&rat al-hriiral-Zakiyya, (Cairo, 1349), p. 231 ;IsmB'il PBshB BaghdBdi, IGdb al-Makniin, supp, to Karhf al-Zunrin (Cairo: RahiyyB, 1945), Vol. 11, p. 127; M&miid I;Iasan al-Toniki, Muyarn al-Mnsannifin, (Beirut, 1344), Vol. IV, p. 448454; 'Abd al-Muta' B al-Sa'idi, AI-Mujddidin ji"1-Isldm (Cairo, Namiidhajiyya. l ad.) pp. 307-12; 'FBdil b. 'Ashtir, A'ldrn al-Fikr al-lsldrni fi TrIrikh al-Maghrib ai'-4rabi (Tunis: N a j a , n.d.), pp. 70-77; Yiisuf Ilian Sarkis, Muyarn al-Mufbii'dt nl'Arabiyyah wa'l Mu'arroba, Vol. 1. (Cairo, 1928) p. 1090; Khayr al-Din Zirkili, AI-A'lIrn Vol. 1 (2nd ed., 1954), p. 71 ;KabBla, Mii'jam aCMu'allifin (Dimashq, 1957). Vol. 1, pp. 118-119.
11. The extract of the relevant entry of this work is available to us in ACMuwdfidt (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 BBbB's life, see the sources mentioned above in n. 1. 13. Nayl, p. 46. 14. A well-known and influential scholar in Tunis in ShBtibi's time. He was irndm of Zaytiina mosque for 50 years. He was the foremost among Ibn Khaldiin's

rivals when the latter was staying in Tunis. He had correspondence and discussions with ShBtibi on the question of Murd'rSt al-KhildJ See Ibn Maryam, AlBustin nfi dhikr al-Awliyii' ~va'l'ulurnrS'biTilimsdn, Ed. Muhammad b. Cheneb (Algiers 1326 A.H.), pp. 194-195.
15. Nayl, p. 277. 16. Ibid. 17. Ibid., p. 217. 18. Abii'l 'AbbBs A b a d al-Wansharisi (d. 914/1506). AI-Mi'ydr al-Mughrib wa'l Jdmi' al-Mu'arrab 'an fatdwI 'ularnd' Ifriqiya w d Andalus wa'l Maghrib, (FBs, 1314 A.H.) 19. See Nayl, pp. 69,283,34620.

Maqqari supplies lengthy extracts from AI-Ifidit in Naf! Vol. VII, pp. 187-192



(regarding Abii 'Abd Allah al-Maqqari); p.p. 276-301 (about Ibn al-Fakbkhar al-Biri). and Vol. X, pp. 139-40 (about Ibn Zumruk).
21. Al-l'ti+n, op. cit., pp. 9-12. 22. ACMuwdfaqdt, Vol. IV, pp. 1SOf. 23. 1. Goldziher, Streitschrift des Gaz&ligegendie Batingo-sekte widen, 1916), p. 3 5

said that Shalibi "dem aus Xativa stammenden, spater in Granada lebenden". Thesame 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 nisbo, as he stated that Shatibi lived in Shtitiba, see Asin Palacios transl. by M.L. de Celigny. "Un P r e curseur Hispano-Musulman de Saint Jean de la Croix". Etude Carmelitaines, 1932, p. 121-22, videp. Nwiya Ibn 'AbbZd, op. cit., p. 173, n. 2.

2. Levi-Provencal "Shatiba". E.I. (1st cd.) Vol. IV.p. 337. 4

25. See above note no. 3, and N@ al-pb, op. cit., Vol. VII, p. 275; Shajara op. clt., Vol. 1, p. 228.
26. NUB 01-pb, Vol. W ,pp. 276-278; 297-301. 27. IW@la. Mu%m, op. cit., Vol. VILI, p. 252.

2 . Sh&ra, op. cit.. Vol. 1. p. 233. 8 29. Nayl, p. 219. 30. Shqiara, p. 230.
31. See Infra note 50. 32. Nayl, p. 47. 33 Nafi 01-pb. Vol. Yn p. 134. 34. AI-Iv;a, Vol. 1 , p. 139. 1 35. Nayl, p. 250. 36. Shajara, p. 232. 37. Nafi al-pb. Vol. Yn,p. 206. 38. Ibid., p. 232-249. 39. Nayl. op. cit., p. 245, 346; Sh&a, 1, p. 234. Zaw!iwi was alive until 770 A.H.

40. Nayl, p. 346.

41. This extract from Shatibi's al-If&%

is quoted by Abmad Babh in Nay& p. 346 and by P. Nwiya, in Ibn 'Abbddde Ronda, p. XXXDC, No. 2.

42. Mulpin M&di, op. cit.. p. 35, n. 2; Nayl, p. 256. 43. Nayl, p. 256. 44. Nayl. p. 258. 45. The lack of interest m ~ $ 0al-Fiqh is observed by Ibn Sa'id as quoted by Maqqari 1 in Naft al-Tlb. Vol. 1, p. 206. 46. Al-l'ri@m, op. cit.,Vol. I, p. 9. 47. Nayl. p. 221.

48. Ibid.



4 . Al-Muwafaqdt, Vol. 1 op. cit., p. 22. 9 . 5 . Lopez Ortiz. "Fatwas granadinas de 10s s i g h XW y XV, Al-Andnlw, VI ( 9 1 . 0 14) 85; Nayl. 49; Mi'yrir. XI. 101-107. E., 98, 5 . P Nwiya ( d ) Ar-Rasci'il os-Sugrd, (Beimth: Imprimerie Catholique. 1 5 ) pp. 1 . l(M115, and Appendice C pp. 125-138,Ibid, Zbn 'Abbdd de Rondn, (Beiruth: Im96. primerie Catholique, 1 5 ) pp. 209-13. 52. Tdvit Tanji, op. cit.. (Our references to Shifi' are based on this edition); P malife . ( . . (Beyrouth, 1 5 ) Ibn Khaldnn, Sqa-w-Sd'il litakib 01-MmZil 4) 98. 53- A. Bel, " 'Abd al-Waid al-Rashid". E (1st e . Vol. 1 p. 66. Z d) ,
54. 5. 5 5. 6 5. 7 58. 5. 9 60. 61. 62. 63.
Zbid., pp. 237-8.

Al-Wansharisi. Al-Mi'ydr, Vol. XI, p. 109. Levi-Provencal. introduction to Al-Nubiihi, Al-Marqobot al. 'dyd, p.t. Shajara, op cit., p. 231.
Nayl, op. cit. p. 266. Wanshairis. Al-Mi'ycir. Vol. Vi. pp. 2 8 f 5f. Shajara. p. 247. Al-Mi'ydr, op. cit.. pp. 254-280. Al-Muwdfaqdt, Vol. IV. p. 1 8 1. Nayl. p. 49.op. cit.. Zbid., p. 11. ZbiuJ. p. 1 1 ff. See p. 182 ff.

64. Al-Z'ti$im, op. cit., p. 9 . f

65. 66. 67. 68. 69.

Seep. 183 ff. Leon Rercher. (ed. Transl. and Comments on) Ibn 'Acim al-Miiliki al-Ghardt5 AI-'Acimiyya ou Tuh'fat 01-Hukkdm fi nukat al-'uqorld wa'l ah'km, (Nger, 1 5 ) 98, Introduction, p. In.

7 . Nayl, op. cit.. p. 49. 0 7 . Fihris Maktaba ACAzhuriya, V (Cairo, 1 4 ) p. 255;also see 'Abd al-I$dig MmpOu; 1 96. Fihris Makhlilcit aCMaktaba al-AIrmadiya bi Tunis, (Beyrut: Dllr al-Fath. 1 6 ) 99, pp. 316-319. 9 72. Nayl. op. cit.. p. 4 . 96. 73. See above. Recently P. Nwiya (Zbn ;4bbddde Ronda, Beyrouth. 1 5 ) pp. XXXIX, 2 2 . has consulted this Ms. in Morocco. The present writer has. however. failed to 5) locate it. 74. See above notes 20.41. 7 . These extracts from al-I'tip8m were mistaken for extracts from ACMuwdfaqdt by 6 1. Goldziier, and the same mistake was carried on in Brockeimann.



77. Vaorhoeve, HandIivt of Arabic Manuscr@ts, (Library of University Leiden. Lugduai: Batavorum. 1 5 ) p. 438. 97. 78. Zbid. 79. Nayl, p. 47. 80. See Renaud. "Un medecin du royaume de Granade: Mulpmrnad as-$aqIln. Hesperis Vol. xIcKILI(1946). pp. 31-64. 81. Renaud, "Deux ouvrages perdus d'Ibn al-batib: Identifies dons des rnani~scripts t d Fes-Conclusion sur Ibn Al-uatib medecin". Hesperis. XXXIII (1946). pp. 213225. Also Nayl, pp. 264-265. 82. For a detailed analysis of Smibi's FaawB, see M. Khalid Mas'ild, op. cit., Ch. V, and L o p a Ortiz. op. cit.