تحقيق قسم المحظورات والمكروهات من كتاب الحاوي للفتاوىلأبي بكر الحصيري ومقارنته بكتاب عمدة الفتاوى للصدر الشهيد

Among the three sub-genres of Hanafi füru fiqh literature, works such as fatwa and nawazil have an important place. Because this literature shows that the fiqh istidlal and ijtihad activities within the madhab were carried out vividly without hesitation, in terms of containing the views of the faqihs belonging to the madhab in the later periods on issues that were not included in the founding texts of the first period. After the Hanafi school of law revealed its establishment and first texts in the Iraqi region where it first emerged, it gained widespread acceptance in the regions of Māwaraunnehir and Khorasan. In addition to the commentary of the founding texts, the jurists of this region have put forward a scientific work that can be felt within the madhab, especially on fatwa and nawazil. The works written by two great scholars on the fatwa literature of the Hanafi madhab in the region of Māwaraunnehir in the fifth century of the Hijri gained an important place in the Hanafi jurisprudence of the later period. One of them, Abu Bakr al-Hasîrî (v. 500), is still in manuscript with his work al-Hâwî fi'l-fatâwâ. The other of these works is the book called Umdatu'l-fatawa by Abu Hafs al-Sadr al-Shahid In this study, in addition to analyzing the part of al-Hasiri's work called al-Makrûhat wa'l-mahzûrat, we tried to address the issue of whether the sources, style and subjects of the fatwa are similar and different in the Hanafi fiqh thought of Mâwaraunnehir by comparing the section in question with the section in Sadrushshahid's work that contains the same subjects. Our research consists of an introduction and four chapters. The first chapter is devoted to Imam al-Hasiri and in this chapter the person of al-Hasiri and his work al-Hâwî fi'l-fatawa will be introduced. During this introduction, topics such as the sources used by al-Hasiri, the content he included, the way and style he handled the subjects, and the preferences in his fatwas will be emphasized. In the second part of the research, the personality of al-Sadr as-Shahid and his work called Umdetu'l-fatâva will be introduced. The third chapter is devoted to the comparison of the relevant parts of the works of al-Hasîrî and al-Sadr al-Shahid. The fourth part, which constitutes one of the main parts of our study, consists of the analysis of the part of the work called al-Hâwî fi'l-fatâwâ titled al-Makrûhat wa'l-mahzûrat. In our study, al-Hasîrî's work; In terms of the richness of its content, the abundance of its sources, and the choices it made not only to convey the fatwa, it has been determined that it appeared earlier than the relevant part of al-Sadr al-Shahidd's work. However, it has also been determined that both works have an important place in the fatwa literature as well as the general furu works of the later period.