السنة المتواترة عند الفقهاء و تطبيقاتُها عند الحنفية

Abstract EN

I have shown in this paper a five-part division of tawatur (multiple-chain transmission) that will help give a precise depiction of mutawatir.

This division exists embedded within the writings of early scholars such as Imams Tahawi and Kasani.

I have defined every part of the division and have clarified its practical examples mentioned in the books of Hanafi law.

The first is mutawatir by wording, which is relayed by a chain of narrators (isnad); its examples are rare due to its stringent conditions.

The second is mutawatir by meaning: for several hadiths to confer a particular shared meaning; this type has many examples.

The third is mutawatir by generation, such as with the transmission of the Qur’an and of legal schools like those of Kufa and Medina; this type greatly effects the Hanafi and Maliki schools since it represents inherited law of the Prophet e and his Companions y.

The fourth type is mutawatir by practice, namely, for the greatest Companions y and Followers to act upon a narration.

According to the Hanafis, a hadith of these four types can establish pillars and conditions, and can specify or add onto [rulings derived from] the Qur’an.

As for the fifth type, I have mentioned it for the sake of consistency and to provide full benefit.

It is merely the succession of narrations that leads to strengthening them.

Imam Tahawi has used this type extensively, so it is important to understand.