"Our belief, as well as that of every researcher into Imaam Abu
Haneefah (radi Allaahu `anhu), is that, had he lived until the
recording of the Sharee'ah, and the journeys of the Preservers of
Hadeeth to the various cities and frontiers in order to collect and
acquire it, he would have accepted it and ignored all the
analogies he had employed. The amount of qiyaas in his
Madhhab would have been just as little as that in other
Madhhabs, but since the evidences of the Sharee'ah had been
scattered with the Successors and their successors, and had not
been collected in his lifetime, it was necessary that there be a lot
of qiyaas in his Madhhab compared to that of other imaams. The
later scholars then made their journeys to find and collect
ahaadeeth from the various cities and towns and wrote them
down; hence, some ahaadeeth of the Sharee'ah explained others.
This is the reason behind the large amount of qiyaas in his
Madhhab, whereas there was little of it in other Madhhabs."
Abul-Hasanaat Al-Lucknowi quoted his words in full in An-
Naafi' al-Kabeer (p. 135), endorsing and expanding on it in his
footnotes, so whoever wishes to consult it should do so there.
Since this is the justification for why Abu Haneefah has
sometimes unintentionally contradicted the authentic ahaadeeth
- and it is a perfectly acceptable reason, for Allaah does not
burden a soul with more than it can bear - it is not permissible to
insult him for it, as some ignorant people have done. In fact, it is
obligatory to respect him, for he is one of the imaams of the
Muslims through whom this Deen has been preserved and
handed down to us, in all its branches; also, for he is rewarded
under any circumstance: whether he is correct or wrong. Nor is it
permissible for his devotees to continue sticking to those of his
statements which contradict the authentic ahaadeeth, for those
statements are effectively not part of his Madhhab, as the above
sayings show. Hence, these are two extremes, and the truth lies
in between. "Our Lord! Forgive us, and our brethren who came
before us into the Faith; and leave not, in our hearts, any rancour
against those who have believed. Our Lord! You are indeed Full
of Kindness, Most Merciful." (Al-Hashr 59:10)
27 Al-Fulaani in Eeqaaz al-Himam (p. 50), tracing it to Imaam Muhammad and
then saying, "This does not apply to the mujtahid, for he is not
bound to their views anyway, but it applies to the muqallid."
Sha'raani expanded on that in Al-Meezaan (1/26):
"If it is said: `What should I do with the ahaadeeth which my
Imaam did not use, and which were found to be authentic after
his death?' The answer which is fitting for you is: `That you act
on them, for had your Imaam come across them and found them
to be authentic, he would have instructed you to act on them,
because all the Imaams were captives in the hand of the
Sharee'ah.' He who does so will have gathered all the good with
both his hands, but he who says, `I will not act according to a
hadeeth unless my Imaam did so', he will miss a great amount of
benefit, as is the case with many followers of the Imaams of the
Madhhabs. It would be better for them to act on every hadeeth
found to be authentic after the Imaam's time, hence implementing
the will of the Imaams; for it is our firm belief about the Imaams
that had they lived longer and come to know of those ahaadeeth
which were found authentic after their time, they would have
definitely accepted and acted according to them, ignoring any
analogies they may have previously made, and any views they
may have previously held."
28 Ibn `Abdul Barr in Jaami' Bayaan al-'Ilm (2/32), Ibn
Hazm, quoting from the former in Usool al-Ahkaam (6/149), &
similarly Al-Fulaani (p. 72)
29 This iswell known among the later scholars to be a saying of Maalik.
Ibn `Abdul Haadi declared it saheeh in Irshaad as- Saalik
(227/1); Ibn `Abdul Barr in Jaami' Bayaan al-'Ilm (2/91) & Ibn
Hazm in Usool al-Ahkaam (6/145, 179) had narrated it as a
saying of Al-Hakam ibn `Utaibah and Mujaahid; Taqi ad- Deen
as-Subki gave it, delighted with its beauty, in al- Fataawaa
(1/148) as a saying of Ibn `Abbaas, and then said: "These words
were originally those of Ibn `Abbaas and Mujaahid, from whom
Maalik (radi Allaahu `anhu) took them, and he became famous
for them." It seems that Imaam Ahmad then took this saying
from them, as Abu Daawood has said in Masaa'il of Imaam
Ahmad (p. 276): "I heard Ahmad say, `Everyone is accepted and
rejected in his opinions, with the exception of the Prophet
(sallallaahu `alaihi wa sallam)'."
30 From the Introduction to
Al-Jarh wat-Ta'deel of Ibn Abi Haatim, pp. 31-2.
31 Ibn Hazm
says in Usool al-Ahkaam (6/118):