172 chapter five
Although it helps define Abù-Yùsuf ’s independent thinking, the
difference, by the degree of intensity and frequency, does not cre-
ate a gulf or cause controversy between the student and the teacher.
The tactful student Abù-Yùsuf would conclude his statement with,
“Allah knows best”, when there was an interlocking difference of
opinion between himself and his teacher. As for the caliph, it was
up to him, the ruler, to take the action he saw fit, “I have eluci-
dated the matter to you, commander of the faithful, and it is up to
you, with your wisdom, to take the action that will be beneficial to
Muslims”, we see Abù-Yùsuf invariably stating.
The independence of Abù-Yùsuf ’s thinking, as demonstrated in
the occasional disagreement between him and his teacher, was per-
haps related to, or more a product of, his profession. As a judge,
and later the chief justice to the Caliph Harùn al-Rashìd, he must
have developed independence of thinking that was necessary for the
achievement of fairness and neutrality required by a judge. Also, as
the chief justice Abù-Yùsuf must have acquired through practice the
ability to listen to different points of view, some coming from well
practicing judges, weigh the argument for and against, evaluate the
opinions of others and then finalise his own.
This approach, the approach of a judge, is distinctive in Abù-
Yùsuf ’s book of al-Kharàj. In his book he poses the question, exam-
ines what has been stated in the Qur"àn and the Sunnah, surveys
what has been done by the Rightly Guided caliphs, portrays what
has been told by other jurists, reaches a ruling and formulates an
opinion with an explanation of the basis of his ruling and the sup-
port of opinion. In this respect the book is particularly educational.
With his vast knowledge in ritual precepts, he wrote other books on
prayers, fasting and Zakàh, and his competence in Islamic law, Abù-
Yùsuf with Abù-Œanìfah were declared to be the most learned men
in religious law (from Al-Suyùtì’s Tabaqat al-Huffaz quoted in Ben
Shemesh, 1969).
Abù-Yùsuf seemed to have enjoyed the respect of his caliph. This
is inferred from two points in the introductory chapter of his book.
First, when he referred to the act of being commissioned for the
task by his caliph we find Abù-Yùsuf using the verb “ask”, rather
than “order”, hence, “the Commander of the Faithful has asked
me”, and “has requested” from me. It was only towards the end
that “ordered” appeared. Respect, courtesy, politeness, and the fine
art of diplomacy, are shown to the caliph throughout the book, no