Methods for reach agreements and conclusions between hadiths...

Methods for reach agreements and conclusions between hadiths and removing their disagreements have a special position in the al-Shaykh al-Tusi’s fiqh, and has been reflected especially in his Al-Istibsar. Therefore, this book should not be regarded as a mere collection of hadiths and ignore its jurisprudential value. Similar to other books among the Four Books, the order of the chapters of Al-Istibsar is based on the usual order in jurisprudential works.

Although in compiling Al-Istibsar, al-Shaykh al-Tusi has so much relied on his previous work Tahdhib al-ahkam , but Al-Istibsar has its own characteristics regarding the general purpose of compilation as well as the chaptering and the order of hadiths in each chapter and is regarded as an independent work. This independence is clearly seen in a list of the author’s works and in the words of his contemporary scholar, al-Najashi.

Attributes This is the first book which has been published to make an agreement between opposite hadiths. In addition to its great credit, Al-Istibsar has a very good coverage so that Ibn Tawus says, “If there is any disagreement about an issue, it must be mentioned in Al-Istibsar.” At the beginning of every chapter, first the authentic or reliable hadith(s) are mentioned and then other hadiths are listed.

Position This book is among the most authentic Shia hadith books and every faqih or Mujtahid needs to refer to it when judging about rulings. Al-Istibsar is one of the Four Books and at the same level with al-Shaykh al-Kulayni’s Al-Kafi , al-Shaykh al-Saduq’s Man la yahduruh al-faqih and al-Shaykh al-Tusi’s another book, Tahdhib al-ahkam which was written previous to Al-Istibsar.

Regarding the significance and value of Al-Istibsar, its name has always been in the list of references and Shia scholars and faqihs gave permission of narrating its hadiths to each other. Commentaries and Glosses 1. Compiling works as commentary, gloss or marginal notes on Al-Istibsar can be seen particularly since late 10th/16th century, among the most important ones of which are the following: 2. Marginal notes written by Muhammad b. Ali b. Husayn al-‘Amili, author of Madarik al-ahkam (d.

1009/1600-1601) which is kept together with the text of Al-Istibsar in Rawdati copy. 3. Marginal notes written by Hasan b. Zayn al-Din al-‘Amili, author of Ma’alim al-Din (d. 1011/1602-1603). Availability of this marginal notes is reported by Afandi in Riyad al-‘Ulama. 4. Marginal notes written by Muhammad b. Ali b.