HANEFÎLERE GÖRE HABERİN KIYASA AYKIRI OLMASI DURUMUNDA RÂVİNİN FAKİH OLMA ŞARTI

When the topic of the conditions of isolated tradition (khabar al-wahid) to be acceptable is being examined in usul al-fiqh works written in modern period, it is pointed out that Hanafîs stipulated three extra conditions in addition to generally accepted stipulations. One of these extra conditions is that a transmitter of a hadith needs to be a faqih, i.e. an expert in law, if the case in question is in conflict with qiyas, that is, the general rules and principles of law. In the context of one example provided in usul texts, this article shall examine the emergence of this stipulation, its historical background, style of justification and some objections to this condition articulated in usul al-fiqh works.