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DEVELOPMENT OF JURISPRUDENCE

"Some of my injunctions abrogate others," or "The Jann were created of a smokeless flame," or whatever it might be. What has just been said suggests that it was at first indifferent whether traditions were preserved orally or in writing. That is true of the first generation; but it must be remembered at the same time, that the actual passing on was oral; the writing merely aided the memory to hold that which was already learned. But with time, and certainly by the middle of the second century of the Hijra, two opposing tendencies in this respect had developed. Many continued to put their trust in the written word, and even came to pass traditions on without any oral communication. But for others there lay grave dangers in this. One was evidently real. The unhappy character of the Arabic script, especially when written without diacritical points, often made it hard if not practically impossible, to understand such short, contextless texts as the traditions. A guide was necessary to show how the word should be read, and how understood. At the present time a European scholar will sometimes be helpless before even a fully vocalized text, and must take refuge in native commentaries or in that oral tradition, if it still exists and he has access to it, which supplies at least a third of the meaning of an Arabic book. Strengthening this came theological reasons. The words of the Prophet would be profaned if they were in a book. Or, again, they would be too much honored and the Qur'an itself might be neglected. This last fear has been justified to a certain extent by the event. On these grounds, and many more,

TRADITIONS IN LITERATURE

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the writing and transmitting in writing of traditions came to be fiercely opposed; and the opposition continued, as a theological exercise, long after many books of traditions were in existence, and after the oral transmission had become the merest farce and had even frankly dropped out.

It is to the formation of these books of traditions, or, as we might say, traditions in literature, that we must now turn. For long, the fragmentary sahifas and private collections made by separate scholars for their own use sufficed. Books dealing with law (fiqh) were written before there were any in that department of literature called hadith. The cause of this is tolerably plain. Law and treatises of law were a necessity for the public and thus were encouraged by the state. The study of traditions, on the other hand, was less essential and of a more personal and private nature. Further, under the dynasty of the Umayyads, who reigned from A.H. 41 to A.H. 132, theological literature was little encouraged. They were simple heathen in all but name, and belonged, and recognized that they belonged, not to Islam but to the Jahiliya. For reasons of state, they encouraged and spread—also freely forged and encouraged others to forge—such traditions as were favorable to their plans and to their rule generally. This was necessary if they were to carry the body of the people with them. But they regarded themselves as kings and not as the heads of the Muslim people. This same device has been used after them by all the contending factions of Islam. Each party has sought sanction for its views by representing them in traditions

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