“كتاب الرسالة” – Kitāb al-Risāla (“The Book of the Epistle”) by Imam Abu Abdullah Muhammad ibn Idris al-Shafi‘i (767–820 CE), founder of the Shafi‘i school of Islamic law – English translation of al-Shafi‘i’s Risala – with a comparison between his principles of Islamic law and the principles of Jewish law. Extremely rare. Apparently never printed.
A complete and extensive manuscript containing a full English translation of Kitāb al-Risāla by Mordechai Eliash, including halakhic comparisons between Islamic law and Jewish law. The Arabic text sources used by Eliash were Egyptian printed editions from the 19th–20th centuries, with the content based on the chain of transmission from the 11th century. Written in the 1920s.
Kitāb al-Risāla is the foundational work of Imam al-Shafi‘i (767–820), considered the cornerstone of the science of the principles of Islamic jurisprudence (Usul al-Fiqh). Written in the 9th century, it was the first systematic framework for determining the sources of Sharia and the order of their application: the Qur’an as the supreme source, the Sunna (the words and deeds of the Prophet), consensus (ijmā‘), and legal analogy (qiyās). In addition, it addresses the rules of interpretation, the acceptance of hadith traditions, and the resolution of contradictions between sources. The Risala had a profound influence on all Sunni schools and has remained a central tool in shaping Islamic law for over a thousand years, with notable impact also in the field of comparative legal studies.
Mordechai Eliash (1892–1950) – jurist, public figure, and diplomat during the Yishuv period and the early years of the State of Israel. He served as the first envoy of the State of Israel to Britain. Eliash lived in Jerusalem and became one of the most prominent lawyers in the Land of Israel during the British Mandate. He was chairman of the Bar Association (the body that preceded the Israel Bar Association). A passionate Zionist, Eliash frequently provided legal services to the institutions of the Yishuv, served as legal adviser to the Jewish National Council, and was counsel for many members of the Haganah organization. He also served as legal adviser to the Chief Rabbinate. In 1949 he was appointed Israel’s first envoy to Britain. He passed away in March 1950 while serving in London and was buried in the Sanhedria Cemetery in Jerusalem, in a funeral attended by many public figures.
82, X, VII leaves. A complete handwritten work, including the index pages, Bound with a cord and in the original cardboard binding. all intact.
