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Study on Abadhite waqf and its applications Mzab

Work-based sources Ibadi is an unusual phenomenon too, not to attract attention, It is aware that the study of the world is not Ibadite, in fact, in its initial phase ; indeed, sources still have not "been very little examined, for the simple reason that they are, mostly, or unknown, or even inaccessible to science. The world has so Ibadite, until today, a real field blank, or a series studious research scientists will be needed, to fill gaps innumerable teeming with this section if curious and important field of Islamism. So it is with gratitude that we welcome the work of M. Haberdasher, helping to enrich the knowledge of the law Ibadite, by studying the wakf Ibadite, about which nobody has touched him before.

M. Mercier's work relies primarily on other Ibadi he has, in the third part of his work, texts, traduits in extenso.

Analysis about itself divided into two main parts. The 1st theory is much the entire world Ibadi, West et guides (pp. 33 -103) ; it contains all the observations and remarks derived from the analysis of texts grouped 3 chapters, each considering a side issue of Wakf. Thereby, the first chapter (pp. 33-66) deals with the origins of this institution ; the author seeks to define the principle of Wakf, by reviewing his most memorable characters and forms borrowed for its establishment The 2nd Chapter (pp. 67-90) is devoted to detailed issues relating to persons of the grantor and beneficiaries, and brings these issues into two specific groups. The 3rd last (pp. 91-103), The author dedicates the examination for that can offer the Wakf, and then the administration thereof, all still considered the theoretical point of view. As to the second main part (pp. 105145), it shall inform the practical side of the problem, namely how the Wakf was applied in Ibadi Mzab. The author describes the special character (pp. 105-119), considers the nature of the objects it has in view, and which are defined in the Mzab by themselves hubus and Nuba ; then, he explains (pp. 119-125) the administrative side of this institution and reviews the various types of beneficiaries, all in purely practical point of view, according to the current state of affairs in the Mzab. These materials, he complete (pp. 125-129) with details on the posture of France in the matter of Wakf in Mzab, regulated by an act of the year 1882, still in force. This part is further provided a few acts from Mahatma Ibadi of Gardaja (pp. 131-139), hubus on the nineteenth and twentieth centuries, reproduced in French translation and made more intelligible (pp. 140145) by the author's observations and comments which complements the material of the second part of the second major. The third part (pp. 147-184) contains, as I have already mentioned, the French translation of texts relating to Wakf Ibadi (pp. 147-179), and namely : Chapter IV, sur le hubus testamentaire du Kitab al-Idah du sajh 'Amir b. ‘Ali. Consultation on the hubus sajh Abu'l- Abbas Ahmed ns-Samahi. Consultation on the hubus sajh Sa'id b. Yes and alGadawl. X.VI book, chap. Sur le hubus du Kitab an-Nil du sajh ‘Abd al-Aziz et Sarh Kitab an-Nil, 6and vol, Book XVI, The Wills of sajh Muhammad Atfias. To all the extensive testing above, is still added (pp. 180-184) a fatwa of the year 1924 Gardaja ibadite of the Kadi, relative au hibus, translated into French and Arabic exceptionally accompanied by tests. The book ends with a Conclusion (pp. 185-188) presenting the views of the author, determined by the study of texts.

It begins, secondly, Introduction by (pp. 9-31), embracing also a chapter on the authors and books they, which served as the basis for his work. After some general comments ; from the history of the Ibadi, M. Mercier characterizes the principle of law as it exists at home, as well as the methods used by them in jurisprudence. He lists his sources, gives the biography of the author and try to analyze, the extent of its potential, Ibadi the materials at his disposal. He finally added some general remarks sue the Ibadi legal literature.

If we were to assess the analytical point of view the work of M. Haberdasher, we should recognize that loyally, within the limits of resources available, he has a book full of merit. He conscientiously developed, within these limits, all materials that could be collected on the Ibadi Wakf, consumed as a lawyer who knows how to apply his experiance an objective analysis. But, while holding its fair value the effort of the author and real service he has rendered to science by studying a problem yet completely unknown, we can not accommodate his work as a preliminary survey, which opens the way for a definitive and comprehensive study of the subject. This is just especially when we consider in relation to the entire world Ibadi, that also had to M.Mercier, Judging by the title of his book and the theoretical analysis of the institution of Wakf, recorded in the 1st main part. This restriction, any natural, seems essential, Ibadi legal literature of the field, and the auxiliary edge regions, is still very little known, and even the most inaccessible to European scholars ; whereby M. Mercier was unable to take advantage, largely, the writings of authors Ibadi, Eastern and Western. It is only after all these conditions have been completed and, then, after application to the sources, well known, a judicious criticism, which at the time it would be impossible to leverage its full extent, – only then, we say, the general conclusions gain unshakable scientific value, and all the results obtained in this area can be treated with a synthetic method of wide-scale.

He finds himself, and with good reason , the difficulties in the synthesis of materials (pp. 17-18) he had access, the difficulties arising from the special nature of the interpretation of the law Ibadi, Contrary to the orthodox interpretation "no longer obeys rules as stringent". M. Mercier noted that the mechanism of this science is distorted by Ibadi, and that, under these conditions, "It is extremely dangerous to release any theory or doctrine, considered the problem ".

Whatever the accuracy of observations of our author, I do not have the least hope that these difficulties can lose up to a certain degree, their acuity, once the circumstances enumerated above have truly found their application.

Let us now review the materials M. Mercier has used for his work. Note that starting, 1and, all authors belong to the Western and Ibadi, 2and, the period average and new literature, the list of the last (p. 7) even being contemporary.

There remains no doubt today that the Ibadi literature, should not be considered as a single whole, that has, undeniably, equal importance for the entire world Ibadi. When the Ibadi themselves, qu'épars well to the extreme limits of the Muslim world, they form a linked unit close ties. Awareness of this unit, since the formation of many homes the Ibadi Ibadi sources have never ceased to emphasize. The evidence is teeming up today. This community had infallibly increase primarily in the intellectual sphere. It can be seen, indeed, the whole literary Ibadi, legal and religious, comes from common tradition,which were crystallized at dawn yet Islam, particularly in Basra. This is where the work began, developing result in 'Uman or, vers the fin two III H., he put some order in the traditions and elaborated to some extent dogmatic system of law Ibadi. Thereby, Ibadi all literary works, since the earliest times including the time of Tahart, disappeared almost complement, had to start, and yet today this very ancient literature which is, therefore, the primordial source.

It is therefore natural that the materials put to use by M. Haberdasher, we encounter, as usual, writers' quotes or Oriental, either Western ; and also, as in this particular case, of references drawn from the primary sources, that is to say, the work of the ancient times, base primitive de la littérature ibadite. We meet, not only single quotes, but whole passages from both authorities of the East : Abu'l-Murug that Abd Allah b. Abd al-Aziz (Both the H II . ) , especially the latter , found in the source or M . Mercier frequently drew, dans le Kitàba al – Idàh – This also proves the point yet and thinks our author (in. pp . 23 and 24 ) the materials he uses is quite sufficient for theoretical illustration of Wakf also East, ie throughout the world ibadit. We even see,all work and authorities cited, Materials in M. Mercier dating back to ancient literature Ibadi, are from Eastern Europe and more than once, if he does not mention the source, whole passages, this can be verified, are also often borrowed from Eastern writers. A statement that makes Mercier, Former couple. de la définition du wakf, he only met with Atfias (p. 44) est empruntée au Diwan de Abu Ganim, that the author suspects besides himself with reason (p. 45). The Kitab-year Nile exception seems to be the material M. mercier, as it provides much of the summary of work Western writers ; but these turn, as we shall see, not to be served, almost exclusively, that work oriental authors.

However, despite the general community of the literature

Ibadi that, the surplus is mainly based on primary sources and other Eastern, it is essential to consult directly works precisely Oriental writers, whose names are not on the list of sources M. Haberdasher. This need is all the greater, the Wakf belongs to one of these exceptional properties in the legal field or there was in the world Ibadi, some divergence between East and West. This discrepancy had to produce different interpretations, resulting in that the Kuran (S. IV) put into question the legality of the institution of Wakf. Here, then, Oriental Ibadi materials are necessary and directly, especially, without quoting other authors of the first importance of II and III H, Diwan of Abu Ganim, a copy is in exceptionally Mzab. This would allow M. Mercier to give a more complete picture of the development of ideas about the institution of waqf in the East, and also to a fuller understanding of how it was applied. Although this essential difference seems to disappear later, Where, X H. l'Occident adopt the thèse orientale, as we learn from the author himself (p. 34) - Nevertheless drawn from the new Eastern literature materials are also necessary, car subir l'Orient, along the west, reformist currents also exerted their influence on the works of jurisprudence. Under these conditions, a source such as Salimi would not Atfias less important than if the author has benefited greatly. In addition, the use of oriental materials, primarily from new era cast a brighter light on the very organization of the institution of waqf in its final form in the West, or the author finds himself (in. p. 24) in his texts Nile, of Atfias, al-Gadawi, "Example frequent contradictions that must be understood and explained by the simultaneous influence of ancient writers and lawyers renewed". it might be possible to enter, these contradictions in their basic patterns.

M. Mercier was thus limited to the materials of Western authors and the average and new literary period, as I have already indicated. We must therefore find the absence of more remote sources such as written Ja'Kub Abu al-warglant and foremost the Diwan al-Msa'ih, a M. Mercier himself had more than once regretted ignorance. Had he known, he would probably have been easier to identify him, in detail, the primitive attitude of Western Ibadi in the issue of Wakf. The silent part, we must recognize that the choice of materials within the strict limits of the oldest Western literature is quite successful. For one thing, materials such as Idaho set, to some extent, primitive opinions Ibadi on the issue of Wakf, while the text of the following Sainahi and make us attend to change this view ; and, secondly, the texts of the latest literary period allowed the author to consider the current reformers in the West, mainly in their final phase.

Travel Now what are the materials cited in the authorities which uses M. Haberdasher. It gives brief information from both sources (p. 23), and that : Abul-à à Murug that Abd Allah b. 'Abd al-Aziz, both Eastern goshawks, you II H. Il fait enHaberdasherention (p. 29) of his book Tug of 'Abd al-Aziz, Western writer, and finally he mentions (pp. 50 and 80) Abu Ishak Ibrahim al- Hadrami, oriental author. And revenge, unfortunately, it provides no information on a variety of other sources quoted in its texts. Comme il s'en rapporte, an indirect manner to some of these sources (pp.54, 76 etc.) analyzing the data it draws from, and that these are books and authors quite unknown to the scientific world, would have had to include at least some minimal evidence. By bridging this gap, I was able to convince me, that share the tag of 'Abd al-Aziz and rare citations of same materials of M. Haberdasher, all cited sources of ancient Eastern texts.

Abû Ganim (cit. Atfias, p. 163) - Whose name, established integer, est Abû Ganim Basr b. Ganim al Hurasani, visita le Tahartsous l 'Imam' Abd al- Wahhab, who reigned between the years 163 H. (780) to about 200-205 H. (815-820) (exact dates can not be set) ; therefore it belongs to the 2nd half of the H II. Author considerable work, compound 12 parties, en manuscrit, nommé le Diwan, the oldest known in the general case treated, according to the teaching of Adu 'Muslim Ubajda, and Dammam, passed through his disciples. Ms. or M'zab, but older and more correct is, and then I realize it, Zuara à en Tripolitaine. (Salimi, al-Lam’a, pp. 186 197 – 198 ; Dargini, Tabakat, ff. 106 in. 108 r. ; Samahi, Siar, p. 228).

Abû ‘Abd Allah Muhammad b. Mahbub al-‘ArsI (cit. Abû ’l-‘Abbas as-Samahi; p. 157) de l'Human, in the 1st half of the H III. it has played an important political role; he was one of the chief proponents of as-Salt b. Malik (237-273 H) during his inspHllation as imam ; from 249 H. (863) Chief Kadi in Sahhar until his death in the same place 260 H. (873) Atfias (Risala, p. 179) erred in placing in 2nd half of III H. The great work Sira Author, containing, to what is claimed, 70 paries, lost to most likely I do have some fragments or are the religious prescriptions written instructions imposed on imams are the faithful and, generally, all directors of the spiritual life of believers. (Salim, al-Lam’a, pp. 182, 200 ; Slimi, Tahfa al-Ajan, I, p. 127 and monitoring, Siar al-Umanja, ff. 268 r., 272 R.V.)

Ibn Gafar. His name leaves establish full ; Abu Gabir Muhammad b. Gafar al-Azkawi de l’Umam, roach one 281H. He belonged to the party of Imam al-Salt b. Malik, also taking part, apart from his work as a scholar, political events of the time. Auteur du kitub al-Gami, usually named Gami Ibn Gafar to distinguish it from other works titled Gami, in three volumes, en manuscrit. There is one comment, rédigé par Abu Muhammad Abd Allah b. Baraka (Salimi, al-Lam’a, p. 210 ; Siar al-Umamja, f. 271 r.).

Abû’l Hawari (cité Atfas, pp. 167 -168). His full name : Abû’l Hawrl Muhammad b. al-Hawari, of the fin two III H., distinguished himself in the political existence of the'' Uman. Author of two books : al-Gami, a large volume manuscript deals with issues of belief and jurisdiction ; et de Sira ilâ Ahl Hadramawt, trafficking event 'Uman, also manuscript (Salimi, al-Lam’a, p. 218 ; Salimi, Tahfa al-Ajan, p. 153 ; Siar of 'Umânija, f. 268 r).

Kitab ad-Glare (cit. Abu’l-‘Abbas as—Samahi, p. 157and M is reported by Mercier, p. 54) as we find in the catalog of al Barradi (in. Motylinski, Bibliography Mzab, n° 25), without mention of author; the translator does not name either. The author of this book, consists 24 parties manuscript and dealing with matters of religious law, is, probably, Abu Salma b Ibrahil. Muslim as-Shari. He had to live with the decline of IV or V H. : we find the point to sources of direct evidence. He acquired the authority of one of the most famous defenders of tradition fakihs. (Salimi, al-Lam’a, pp.203, 320 ; Siar al-'Umanja, f. 271 r.).

Abû Ishak Ibarahim b. Kajs al-Hadrami (cit. Abû’l-‘Abbas as Samahi, p. 155) lived in 2re half of V H., Hadramawt was born in and spent most of his life. It was long governor. He was also known as eminent fakih. His most important puvrage, which is reported in M. Haberdasher (pp. 50, 84, 86) : Al-Kitab al-Muhtasar Hisal, kind of religious law treaty, was lithographed in Egypt, and also Zanzibar.Sâlimi was transposed to and has printed under the title of al-Kamal Madarig. He is also the author of Diwan did Sajf year- Nakâd publ. A Egypte one 1324 H. and preceded by a biography of the author, composed by al-Sulajman Baruni. The Diwan is a collection of various meters in Kasidas, dealing with contemporary events in the author'' Uman and Hadramawt. (Salimi, to Lam'a, p. 221 ; Tahfa al-A’jan I , pp. 236-239 ; Diwan preface cited above, 8 pages).

These are precisely the sources cited in the text as M. Mercier.il goes without saying that they are far from exhausting all the materials used are the corresponding authors and they spend the sources mention.

I now turn to the authors of the works which leverages M. Haberdasher, and the account he provides us a quantum bio-bibliographical information. If I was considering strictly the purpose that the author has proposed in his book, I would stick to just lHaberdasherction some mistakes him. But I placed another perspective. The Ibadi literature in general, and judicial part especially is so little known and a first so difficult for our science, I thought it useful to complete, within this report, information reported in this category in the book M. Haberdasher. I need to stop especially with emphasis on the person of 'Abd al-' Aziz, car, in the new literature Ibadi, the occupe, specially. Indeed, M. Haberdasher, devoting special attention, compels me himself.

None of jbadites texts gives us the year of the birth of this author. Whereas, however, the year of his death (1223 H.) is not in doubt, nor the fact that he died at a very avancH age., over 90 years (In. Atfias, preface to an incomplete comment Ma'alim ad- From, work of 'Abd al-' Aziz), we teen ^ ter the year 1130 H. as the approximate date of his birth, and not around 1133 H., calculated as M. Haberdasher (p. 25) or even less, 1167 H, as claimed ZEYS. Moreover Motylinski already properly concedes that 'Abd al-' Aziz was born to 1130 (in. Encycl. Of Islam, I , p. 35), and the work of 'Abd al-' Aziz : Takmila an-Nil, published in Tunis 1344 H. Muhammad at-par Tmini , descendant of 'Abd al-' Aziz, this date is mentioned in the foreword.

There is no certainty that our sajh has studied at Garba, as stated M. Haberdasher (p. 25) ; we have evidence of his stay in Wargla, where he spent a long period of his life in his manhood, it still had only basic knowledge. He developed his activity preferably in commerce and agriculture, is exciting for horse racing (in. the preface to 'Abd al-' Aziz in his work : Ta’azum al-Muwaggain ‘ala Marg al Bagrain, en manuscrit). The scientific interest is awakened in him relatively late enough, towards quarantaine (v the preface to 'Abd al-' Aziz in his work Ma 'alim ad-Din, en manuscrit), lors de l’arrivée de Garba à Bani Jasgan du sajh Abû Zakarja’ Jhja b. Salih. It was at this time that 'Abd al-' Aziz went to Bani Jasgan to pursue his studies under the direction of the sajh, who was now his wicked master and scholarship which he lavishes praise (in. p. 3,Preface of 'Abd al-' Aziz sounds in Kitab-Nile). Regarding the disciple himself, not only must be called first among students sajh Abu Zakarja, but happening today, in the opinion of Ibadi, for one of the greatest scientists who ever existed in Mzab (in. Atfias, Sarh Kitab an-Nil, Vol.. p. 15). Though recognized, its still alive, for a scholar éminant, However, he had more experience a reversal of fortune, undergo more than a cruel ordeal. His principal writings were born in an era full of worries and torments (in. p. 4, Preface of 'Abd al-' Aziz sounds in Kitab-Nile ; is Atfias, on. cit, I, p. 20). As a prominent, 'Abd ai-' Aziz was invested with the high office of the sajh azzaba, or president of halka. The Daftars fix the date of this fact 1201 H. It is unclear whether al-Aziz A'bd long fills this function ; online any event, he continued to hold until his death a considerable influence on contemporary society, until a very advanced age forced him to abandon his load (in. Daftars ; in. also the preface to the editor Takmila year-Nil, of 'Abd al-' Aziz). After his resignation, he gave himself entirely to the study and lived for several years, in absolute solitude (in. the preface already quoted the editor Takmila). He had several students, including his nephew, with sajh HAGG Ibrahim al-b. Bahman, deserves special mention. It has a dedicated Kasidas his master or he laments his death and immortalized his memory.

As the work of this famous character, M. Mercier notes (in. p. 26) that "the work of this great saint is abadhite ; it has several significant works, among which ten are particularly important ". He then gives a list of titles (traduite en français) ten of his work obtained from Kadi Gardaja (Bufara), "Marking with an asterisk those already reported". Or, it can be said without fear of error that, as it is most significant works, must fix the number 12 and authenticity in this doubt. Some scholars Mzab still join this list, I will list the titles below, an astronomical dissertation (Kitab al-Falak), which also is unknown to me. There are also some less extensive tracts, that is attributed to 'Abd al-' Aziz with a certain probability ; tel par ex. the little poem I published in the RO, II, pp. 260 -268. Born anmoins, nor that one or for any other, we have no certainty.

Other scholars, avant M. Haberdasher, had listed the work of 'Abd al-' Aziz ; are ZEYS, Motylinski an en dernier, l’éditeur du Takmila an-Nil (in. his preface), Muhammad at-Tamini. List ZEYS (Legislation Mozabite, p. 46) should not be taken into account. Not only it is not complete and the sins of a few titles inexpctitude, but it also contains other errors. She admits eg. Nos. 7 and 8 (enumerating ZEYS) as two distinct works, while there is only one book (in. No. 5 ma liste). Only, List Motylinski (Encycl. of Islam, I, p. 35) generally reproduced accurately Arab titles, but without exhausting all.

As M. Mercier addresses itself the question of the work of 'Abd al-' Aziz, I think it is useful to reproduce the list again, but accurately, accurately and completely absolutely with Arab titles. More, as the work of 'Abd al-' Aziz eminently compilatif character (Abstracts for most other compilations huge and difficult access), I feel it necessary to state at the same time all sources. Regarding his main work,- Kitab an-Nil, -M. Mercier says good sources (pp. 27 – 28), but it limiteppour note that most authors' names obtained by his own admission, de Si Bufara. Or, This had already been the subject of a brief study of sajh Atfias (v.op. cit preface, pp. 27-28), or are listed authors, without specification of the works used as sources Kitab an-Nil, I will list, online parenthèse du Kitab in-Nile, the sources that have been specified by either or Atfias, therefore, of M. Haberdasher.

Kitab an-Nil wa Sija al-‘Alïl, AUTOGROS. A Egypte, I-II, 1305 H., (§ X as the source : Kitab an- Wedding, du sajh al-Ganawani, AUTOGROS. Cairo with marginal glosses of Abu Muhammad sajh Satta, 1 flight. Le § seventeenth provient two Kitab al-Ahkam, du sajh al-Ganawani, en manuscrit. The XIX § must, I believe, have to source the Kitab as-Sira fi d-Dima, et le du Kitab § XXII Tabjin Afal-Ibad, both of sajh Abul-Abbas Ahmad al-Bakri, en manuscrit. Le § XXI du Kitab al Faraid, du sajh al-Gajtali, AUTOGROS. Cairo, 1 flight. 1305 H., avec glose marginale du sajh Jusuf al-Masabi. Le 2de hassija, unfinished was composed by Atfias. The third also unfinished, du sajh Ibrahim b. Bakr, – manuscript in both).

Other works of Abd al'Aziz, indicating their sources.

Kitab al-Takmil libad I Ahalla bihi Kitab an-Nil, or briefly : Kitab Takmila'n-Nil, 1 vol., is a supplement to the Kitab an-Nil, ed. A Tunis 1344 H. Source Sa est le principale in Usul al-Kitab Aradin du sajh Abu'l-Abbas Ahmed al Bakri, en manuscrit.

Ktab al-Ward alBassam fi Rijad al Ahkam, ed. Tunis, 1 flight. 1345 H. This is a specific case of, devoted mainly to questions of judgment and procedure ; it also complements the Kitab an-Nil. The main source is the Kitab al-Ahlam (3 parties ff. 140 en manuscrit), integral part of the great Diwan al-Masa'ih.

Ma'alim Kitab ad-Din, en manuscrit, 12 notebooks 2 parties ; rationale of the Ibadi faith, containing a refutation of the argument provided by the supporters of other sects. The sources of this book are rather unknown to me. The sajh Atfias that death prevented him from finishing the commentary on this book, says nothing about its sources. Seulement al-Tamin (in. ed. Du Takmil, introduction, p. The ibadites in Arabia and Africa) cites as a source the Kitab al-Mawafik, du sajh al-‘Adud.

Kitab al-Misbah, min Kitabaj Abi Mas’ala wa’l-Alwah, or briefly : al-Misbah, en manuscrit, about 12 notebooks, is devoted to inheritance. This is a summary of Kitab al-Alwah, en manuscrit, et du Kitab-Help Mas'al, otherwise al-Gami, ed. A Zanzibar, 1318 H., 1 flight. 145 pp. (Atfias a écrit un hasija, 2 Wholesale. Flight. en manuscrit), whose author is the Sajha Abul-Abbas al-Bakri.

Kitab ‘AIkd al-Gawagir al-Mahuda min Bahr al-Kanatir, or briefly : Kitab 'al-Ikd Gawahir dedicated to the worship of God and religion in general, as a summary of the known work : Kanatir al-Hajrat, du sajha al-Gajtali, AUTOGROS. Cairo, 1307 H., 3 Wholesale flight. (494 + 459 +566 pp.).

Kitab at-Tag Hukuk fi al-Azwah, a large flight. in manuscript addresses the rights and duties of spouses. I can not say, somehow, what is the source of this work. According shall Avis des sajhs ibadites, is a compendium of some parts of the voluminous treatise of jurisprudence, nommé Minhag al-, du sajh Hamis al-Wastani, en manuscrit. Others insist on two treaties : Covers the Kitab an-Nikah at-Talak, integral parts of the large Diwan al-Masa'ih, en manuscrit. It is possible, Diwan that it is served as the main base and 'Abd al-' Aziz has also benefited from al-minhag in which there is a special section dedicated to Nikah.

Kitab Tag al-Manzum min Durar al-Minhag (Minhag or minhag, or Manhag) al-Ma’lum, (in M. Haberdasher, which indicates that for this single book, source : « el-menham du cheikh Akhemis », probably there is a misprint), or briefly : Kitab as-Sirag, 4 Wholesale flight. en manuscrit, is the abstract of a book case volumieux, entitled : Minhag at-Talibin wa Bulag ar-Ragibin, du sajh Hamis al-Wastani, en manuscrit.

Kitab Ta’azum al-Muwaggain ‘ald Marg al-Bahrain, or, as Atfias named this book, Du n-Nurain ‘ala Marg al-Bahrain, un vol. on manuscrit. This is an unfinished commentary Marg book entitled al-Bahrain, du sajh Abu Ja’kub Jusf al-Warglani, en manuscrit, devoted to philosophy, logic and geometry Some parties in Dalil found in wa'l-Burhan, t, II0, pp. 85-111.

Kitab alAsrar an-Nuranija ‘ala Sarh al-Manzuma ar-Ra’ija, or briefly al-Asrar-year Nuranija, AUTOGROS. Cairo, 1306 H. avec le clean up en Ra, 1 vol., 460 pp., devoted to prayer and rituals attached to them, is an abbreviated commentary commentary entitled al-Azhar ar-Rijadija 'ala'l Manzuma-ar-Ra'ija, en manuscrit ; it is the sajh 'Umar b. Ramadan at-Tlati sur le clean up en Ra, named ar-Ra'ija, du sajh Abu Nasr Fath b. Nuh.

Kitab an-Nur, AUTOGROS. one Egypte, 1306 H., 1 wholesale vol., 536 pp., discusses the major tenets of the religion and contains a refutation of the argument of the supporters of the creation of Kure year. This is an abstract and commentary on the alternate comment sajh Umar did Talati, en manuscrit, sur le en Nuh clean up, Nommela an Numja-fi Usul ad-Din, du sajh Abu Nasr Fath b. Nuh.

Kitab Muhtasar Hawasi't-Tartib, a large flight. en manuscrit, ABREGE est un-du Kitab Tartib Hawasi't, aussi en manuscrit, qui est une glose marginale du sajh Abu Satta as-Sadujkasi, à l’ouvrage intitulé Turtib fi ‘Um al-Hadit, du sajh Abu Ja’kub Jusuf al-Warglani.

When other authors on the texts which relies M. Mercier everything about the biographies and works of sajhs Abu Sakin Amir did Samahi, et Abul-‘Abbas Ahmad as-Samahi (pp. 23, 24, 2) answers, in M. Haberdasher, the reality of things and each complete with the information we provide to them Bencheneb (in. Encycl. Of Islam, III, p. 317).

Sa’id b. Yes and al-Gadawi, author of a fatwa (in. p. 25), n’(had to leave no work, for there is no hint in the literature Ibadi. This person probably lived around the XI H. This must be the descendant of Abu remarkable sajh Zakarja Jahja al Gadawi, auteur du Kitab al-Wad’ (in. sur lui Samahi, Siar, p. 551), Atfias which gave summary.

When the opening of Sajha Atfias itself (roach one 1914), she is, quantitatively, extraordinarily abundant, and in addition to some works, including the writings of legislative do not occupy the last place ; I give the list in my Essal bio-bibliography Ibadi, I undertake the publication. A duck in Sarh Kitab an-Nil , M. Mercier mentions ( p. 29 ) two works of this Sajh ; are : Commentary on Kur'an and Risala , without the support of any annotation . This would suggest that these are the only works, or remarkable author. Neither this nor that is true.

The general characteristic M. Mercier trace Comment Nile (p.30) is, without contradicting, perfectly fair and objective. However, I must straighten it commits the error saying that the Nile Comment embraces only 8 volumes and is an abbreviated, "As some would have been destroyed by fire". It has actually 10 volumes in 4 . The history of printing is our. The final volumes were in press, Cairo, in the printing of Muhammad b. Jüsuf al Barüni, when he declared a fire that destroyed the last three volumes, so that, any editing, there remained only the first seven. More en 1343 H.. in writing and especially the care of the little brother's son A1tfias, du nom de Abu Ishak Ibrahim Atfias, these volumes were published in Cairo, with the manuscript that had escaped the fire and, naturally, no abbreviation. Thus, of the year 1343 H., all 10 volumes are being.

We must raise some questions encor M.Mercier key in his introduction, and require some corrections or some éclaireissements.

The author notes the lack of comprehensive studies (pp. 22-23), concerning the Companions of the Prophet, the successors of the Companions was, necessary studies to learn about the Orthodox legislation. As it is the right Ibadi, author mark this absence is all the more feel that the most important texts are still little known. But, alas ! we must note that even Ibadi texts, who could give us some hope with respect to Shaba themselves, have provided us, first, That a small amount of facts borrowed from elsewhere, for the most part, the Orthodox sources ; and then, they relate only to part of the Sahaba. It is quite different when it comes successors, and especially successors successors as they belong to as-Sura, the first hero Ibadism.

The Ibadi, ultra-conservative Muslim party, Sahaba recognize not only in principle, in the opinion of the author (p. 23), but they profess to them a vivid and true worship. Even 'Ulman and Ali, according to them, lost nothing of their value until they parted to see the truth, and the author is mistaken (p. 22) when he says that they are never mentioned in the text Ibadi. Far from it we can specify various texts where, not only 'AlI, but even 4utman, more severely condemned as' AlI whose Ibadi consider assassination as fully deserved, are nevertheless both cited. Were it in an accessible text to the rigor, as published by the Ibadi themselves, à savoir al-Gami AS- Sahih, in. t. L., pp. 157, 179 etc..

M. Mercier criminalizes Ibadi, on the basis of ZEYS (in. p. 13 a n. 3) not to admit the Sura of Joseph, "Finding the shameless". The seriousness of this objection would be that the entire Kur'an would be initiated. But this is a false objection ZEYS, as usual, errs. We can not find, in the work of writers Ibadi Eastern or Western, no index that allows us to doubt, this sura is made an integral part of Kur'an. In all Ibadi Tafsir, on the contrary, is equal to the comments of other Suras. I do worth mention, as witness, an easy to verify that the Atfias published by Ibadi themselves Comment (Taf-sir al-Kur’an, 6flight. 1326, in. flight. III, pp. 285-406). The prophet does not only women use this Sura, the testimony of Atfias (on. cit, in. III, p. 285), because it encourages them to sedition. Besides that cettte Sura even often cited, what we can convince in Ibadi legal literature, those Ja'kùb. Jùsuf al-Warglani, Former couple. and other.

It is different for parties Agarida and that Majmunija, saddle l'opinion of Sahrastani, reject Sura joseph. Although the information from this source does not always inspire confidence as to their accuracy, as regards the Hawarig, this time they seem to be true, consistent with the opinion of the scholars most conscientious Ibadi

The author expresses a natural regret (p. 16) the complete disappearance of texts compiled by Ibadi Motylinski and other scholars, speaking (n. 2) of "this valuable library Motylinski, result of many years of work in Mzab, finally sold to an American university ". It is unfortunate that he does not mention the name of the university. The author ignores we conclude, a small part of the manuscript Motylinski were found in M. Geuthner, who sold them to me precisely. These are : Kitab an-Nil to praise al-alil, du Sajh connu Abd al-Aziz de Bani Jasgan ; Sarh al-Gahalat, du sajh Abu Ammar Abd al-Kafi at-Tanawati ; Kitab ad-Dalil wa l-Burhan, du sajh Abu Jakùb Jùsub b. Ibrahim al-Warglani ; Kaitab Ahbar al-Mardija fi Siar Hajr al-Barija, du sajh Abù l-Abbas Ahmad al-Hakafi. All four complete works that are by now the property of the University of Lwow. The same, a larger collection associated with the name of Motylinski, consisting of eleven manuscripts Ibadi, rests in the library of the University of Algiers. It is true that, according to the annotation drawn on the cover of manuscripts, this collection was bequeathed to the university by Motylinski in the eighties of the last century, at the time he worked in the military interpreter Mzab on character. This collection is unknown in Europe and, You is not me trompe, just ignored near Algiers. These are : Kitab an-Nil to praise al-alil, du sajh Abd al Aziz de BaniJasgan ; Kitab Tulhi alkisma ; Kitab at Tiharat, large part of the known Diwan al-Masa ih work, the sajhs Ihlaftan b. Ajùb an-Nafùsi, Muhammad b. Salih an-Nafùsi alMasnani, Jùusuf b.Mùusa Kantarari, Jusuf b.Amran alMzati, Abd as-Slam b. Arigi, Gabir b. Hammù et Ibruhim b. Abi Ibrahim ; Kitab al-ahkam, also part of the Diwan al-Masa ih, already appointed ; Kitab al-Wisaja, also belonging to the Diwan ; Kawaid al-Islam, du sajh Ismail b. Mùsa al Gajtali ;kitab al-Adl wa'l-Ansaf, Kitab at-Tartib by Allah as-Sahih in HaditRasal, et Kitab-ad-Dalil wa'lBurhab, all three made by sajh Abù Ja'kùb Jusuf did Sadrati ; Kitab as—Sira wa Ahbar al-Aimma, du sajh Abu Zakarja Jahja b.Abù Bakr al-Warglani et kitab at-Tabakat al-Mas ih, du sajh Abu’l-Abbas Ahmad b. Said ad-Dargini.

All this collection the first two copies are older ; others are from 1884, performed mainly by the copyist, about right, Ibrahim b. Sulajman as-Samahi. The most valuable pieces in the collection are two historical works ; first, chronicle Abù Zakarja, with what is more, the I and II complete parts (II partie est, with few exceptions meadows, found in Ibadi) ; and second, chronic ad-Dargini, have the second part is there only. The description of this collection, as well as the entire collection of manuscripts Ibadi, possession of the University of Lwow, I have met and scrutinized during my travels in Northern Africa, I present them in the appendix to my Essay bio-bibliography Ibadi, mentioned.

The author notes (p. 31) that "Kharedjites to call themselves the 'companions of the work', or 'People of Truth' ", etc.. Or, it is more accurate to say the harigites-Ibadi, or simply, the Ibadi, car, lack of accurate data, we do not know if other parts of hawarig had used this name. By cons, it is obviously, that among the various parties hawarig, the badisme absolutely occupies a distinct position, radically distinct from all other. I reserve the right to take another opportunity this problem, in order to elucidate the reasons. The Ibadi themselves, moved by just a tendency to separate completely from any other party

LWOW
POLISH SOCIETY imposes ORJENTALISTYCZNEGO
The benefits MINISTRY In. R. I.O. P
1929
Marcel Mercier, Study on abadhite waqf and its applications Mzab. Algiers, Jules Carbonel, 1927, pp. 191 in -8°.

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