According to Ibn H. am a qawl of the Prophet is a h.ujjah which can serve as sanad of ijmā‘. This is the same view of the leading Sunnī jurists. His orders are incumbent upon Muslims, as long as there is no indication that they are outside the category of commandment, like alnadb (recommending).165 This is because he is ordered by Allah to explain what has been revealed to him, for example, the h.adīth dealing with zakāh, where he explains when and how it should be paid. Two. Fi‘l (the deed) of the Prophet Ibn H. azm, as well as the Z.āhirīs, says that the Prophet’s deed is not incumbent upon Muslims, but is recommended (mandūb). The deed of the Prophet is only a model (uswah) for the Muslims, except if it is accompanied with his qawl, or there is an indication of its being obligatory (wājib). This is also the view of the Shī‘ī jurist al-T.ūsī.166 In this case it becomes h.ujjah. Ibn H. azm explains this view by saying: We are only recommended to perform the deeds of the Prophet as a model, we do not leave it with the notion of disliking it, but [we leave it] as we leave all what is recommended to us in which if we do it we shall be rewarded. If we leave it, we shall neither be sinful nor rewarded, except the Prophet’s deeds which [serve] to explain an order (amr) or to execute a legal issue (h.ukm). In this case the deeds are obligatory (fard.), for they are preceded by the order. Therefore, they are explanation of the order. 167
For example, if a given deed is intended to execute a certain injunction, then it becomes wājib, as it is in the case of the Prophet’s prayer, for he says: “Pray the way you see me praying,” and the Prophet’s intention to burn the houses of those who failed to attend the congregational prayers.168 165
Ibn H.azm, Ih.kām, vol. 1, p. 138. Abū Zahrah, Ibn H. azm , pp. 298-300. ‘Uddat al-Us.ūl, vol. 2, pp. 3, 53 ff. 167 Ibn H.azm, Ih.kām, vol. 4, p. 422. 16 8For further examples, see Ibid., p. 431; see also idem, Muh.allá, vol. 1, p. 166
101.