Ikhtilaf Abi Hanifa wa Ibn Abi Layla

Ikhtilaf Abi Hanifa wa Ibn Abi Layla (Arabic: اختلاف أبي حنيفة وابن أبي ليلى) is an 8th-century classical Islamic legal text attributed to Abu Yusuf. The work records points of disagreement between two main legal authorities of the time, Abu Hanifa and Ibn Abi Layla, both of whom Abu Yusuf studied under. It is considered the earliest known Islamic text to record legal cases along with their reasoning and also serves as an example of jurisprudential development during the formative period of Islamic legal schools. The text was mainly preserved through oral transmission and citations in later works, while the original manuscript largely disappeared as it became incorporated into broader school doctrines. A single manuscript was discovered by Abul Wafa al-Afghani and republished in Hyderabad in 1938.

The text was transmitted from Abu Yusuf by Muhammad al-Shaybani. Al-Sarakhsi suggested that additions might have been made by al-Shaybani, but later scholars such as Muhammad Abu Zahra and Mahmud Matlub found no evidence of modifications.^[1] A version of the text is also preserved at the end of Al-Shafi'i's Kitab al-Umm, under the title Hatha makhtalafa fihi Abu Hanifa wa Ibn Abi Layla an Abi Yusuf.^[1] Passages from the text are also cited in Al-Tahawi's Ikhtilaf al-Ulama.^[2]

Abul Wafa al-Afghani republished the Hyderabad manuscript in 1938, noting that only one copy could be located despite extensive searches.^[3] An abridged version was included in al-Hakim al-Shahid al-Marwazi’s Mukhtasar, accompanied by commentary in al-Sarakhshi’s al-Mabsut.^[4] Al-Sarakhshi confirmed that the original text was composed by Abu Yusuf and compiled by Muhammad al-Shaybani. The abridged version preserves ninety-three cases in the same sequence as Abul Wafa’s edition.^[4]

In modern scholarship, Mehmet Boynukalin’s edition of al-Shaybani’s Al-Asl reproduces two chapters from the text—on items lent for use (Kitab al-Ariya) and deposits for safekeeping (Kitab al-Wadi'a)—closely matching Abul Wafa’s version. These chapters likely belonged to the original Al-Asl, although they are missing from surviving manuscripts.^[4]

The text contains thirty-five chapters documenting 263 points of legal disagreement between Abu Hanifa and Ibn Abi Layla.^[3] Each chapter begins with 'qala Abu Yusuf' ('Abu Yusuf said') and presents legal cases, usually starting with Abu Hanifa’s opinion. Abu Yusuf’s preferred view is often indicated by the phrase 'wa-bihi nakhudh' ('and we adopt this opinion'). The reasoning behind the opinions is sometimes included, either as a report (khabar) or as a line of legal argument.^[5]

Chapter titles generally indicate the first issue of that chapter, but additional unrelated issues may appear. The arrangement is inconsistent; for instance, the text begins with cases on lease (ijarah) without a chapter title, inheritance issues appear in the middle, and legal punishments (hudud) conclude the text. The book focuses exclusively on cases where the two Imams disagreed rather than covering all issues within a topic.^[6]

Abu Yusuf presents each issue by stating the matter, giving Abu Hanifa’s opinion, noting his own agreement if applicable, then presenting Ibn Abi Layla’s view, followed by his own if he agrees with Ibn Abi Layla and differs from Abu Hanifa. In some cases, he adds his own opinion, differing from both teachers.^[7] Detailed evidence is generally not provided; in some cases, reasoning from only one party is mentioned, while in others, justifications from both parties are included. The selection of evidence varies depending on the issue.^[8]

• Abdel-Ghaffar, Omar Khaled (2022). "A Summary of "Form, Function, and Historical Development of Ikhtilāf al-Fuqahāʾ as a Genre"". Journal of Islamic Law. 3 (1). ISSN 2475-7977.

• Ikhtilaf Abi Hanifa wa Ibn Abi Layl at Internet Archive