حلقة مفقودة قبل ظهور أدبيات الفتوى في المذهب الحنفي: وكتابه "المسائل" 32 (أبو حفص الكبير البخاري)ت. 217

The 3rd/9th century is considered a period in which few works were written in the field of fiqh, and about the Ḥanafī madhhab in particular, a period in which the works of the founding imams from the 2nd/8th century were narrated. However, some people accept that there were works of fiqh and usūl al-fiqh in the 3rd/9th century and characterize this period as a "missing period" in Islamic sciences based on the fact that the majority of these works have not survived to the following periods/present day. Recent studies in the field support this view. In this study, we have identified fifteen works titled "masāʾil" most of which belong to the 3rd/9th century and they were written before Abu'l-Lays as-Samarkandī (d. 373/983), who is considered the founding figure of Ḥanafī fatwā literature. All these works are attributed to the students of Abū Yūsuf, Mohammad b. al-Hasan, and Hasan b. Ziyād or the disciples of their students. This suggests that these works and the legal issues they contain belong to the first and second generations of the Ḥanafī "mashāyikh" group. In this respect, these works that contain issues of the "fatāwā/wāqiʿāt type" in the triple hierarchical classification of masāʾil within the Ḥanafī madhhab, are the earliest examples of this type. This study aims to provide a complete inventory of these "masāʾil" works and to shed light on their nature, and to identify the names to which they are attributed. Another main objective of this study is to uncover the location and position of Abū Ḥafs al-Kabīr al-Bukhārī, a highly influential figure among Ḥanafīs in Central Asia, especially in the field of fatwā, which is relatively less known within his sphere of influence. Specifically, elucidating the nature of his work known as Masāʾil Abū Ḥafs, which we have identified as a "personal compilation of fatwās," and revealing its contribution to Ḥanafī fatwā literature, are also among the focal points of this research. In addition, the approximate dating of Abu Ḥafs' return to Bukhārā after finishing his scholarly journey in ʿIrāq, which is important in terms of the composition dates of some of the founding texts of the Ḥanafī School, is also included in the secondary objectives of our research. In order to realize these objectives, the works that we call "carrier-texts," some of which belong to the furū and some of which belong to the fatwā literature, were examined and the quotations from the Masāʾil works identified. We accept these quotations as a source of data in this research and analyze them in detail. Based on these analyses, we define the work and author/content owner, their nature, and their identities. In this context, our study includes a table shows the reference of Masāʾil Abū Ḥafs, which we examined as an example of this literature in Māwarāannahr, to the Ḥanafī fatwā literature that emerged afterwards. Additionally, in order to give an idea of Abū Ḥafs al-Kabīr's position in the field of fatwā, a selection of his fatwās some of which are provided in his work titled "Masāʾil" (which is sometimes referred to by other names in the sources) has been compiled. The evaluation of this selection led to the following conclusions about Masāʾil Abū Ḥafs: - The issues in Masāʾil Abū Ḥafs belong to the third category of the triple hierarchical classification of masāʾil, which is called fatwās/wāqiʿāt. - Based on the quotations we have identified, it can be said that Masāʾil Abū Ḥafs was compiled before Kitâb an-Nawāzil by Abu'l-Lays al-Samarḳandī, the first work in fatwa literature. Considering other works with the same titles, it is highly probable that Masāʾil Abū Ḥafs was compiled by him or his students in the 3rd/9th century. - Masāʾil Abū Ḥafs was used as a source in the Ḥanafī fatwā literature compiled especially in Central Asia. In this respect, Abū Ḥafs al-Kabīr's fatwās attributed to him without naming the source or under other names, such as fatāwā and fawāʾid, must have been based on Masāʾil Abū Ḥafs. In the 3rd/9th century, in which Masāʾil Abū Ḥafs was composed, there were two types of composition in the field of fiqh and usūl al-fiqh: Works devoted to a single subject and works that are not inclusive and systematic, In the subsequent century, the 4th/10th century, more advanced works were authored in both of these aspects. At the same time, these works were written in a way that incorporated the works of the missing period (3rd/9th century) by using them as sources. In our view, this situation, particularly in the field of fiqh, partly explains why works from the 3rd/9th century did not, in many cases, reach later centuries or the present day. Indeed, in this case, the inclusive and systematic works of the 4th/10th century prevented the works of the previous century, which mostly lacked these two qualities, from reaching the next generation, even if unintentionally. We argue that the scholarly accumulation of the 3rd/9th century, which is accepted as the period of the missing links in Islamic sciences, should be researched and brought to light through the quotations made in the works written in the following centuries, which have the feature of "carrier-text," is important for our history of science. In our study, we hope to uncover the "masāʾil literature" of this century in general and Masāʾil Abū Ḥafs in particular, as an example of the missing links of the missing period. [ABSTRACT FROM AUTHOR]