Likewise (1), there is the ijazah given to a living or as-yet-unborn person that is conditioned on the will (2) of someone else; for instance, he might say, “I authorize you if so-and-so wills,” or, “I authorize whomever so-and-so wills,” but (3) not, “I authorize you if you yourself will.”
This—(4) according to (5) the soundest opinion in all such cases—is invalid.
Al-Khatib nevertheless deemed it permissible to narrate on the basis of all these forms except the ijazah to an unknown recipient (6)—so long as (7) the identity intended has not been clarified—and he reported that view from a number of his own teachers (8).
Among the early scholars who actually used an ijazah for one not yet in existence (9) were Abu Bakr ibn Abi Dawud (10) and Abu ʿAbd Allah ibn Mandah (11).
(1) In manuscripts A, B, and C the reading is wa-kadha (“and likewise”).
(2) The word mashiyyati (“will”) is missing from B, C, T, Y, and M. One copy in the margin of Y has bi-mashiyyat al-ghayr (“by the will of another”). The adopted text follows al-Qari’s Sharh Sharh al-Nukhba, p. 691.
(3) Manuscripts B and C read illa (“except”). Al-Qari states in Sharh Sharh al-Nukhba, p. 691: “illa an yaqula: ajaztu laka (‘except that he say: I authorize you’); a sound copy has la an yaqula, and both convey the same sense.”
(4) Manuscript T reads wa-hakadha (“and thus”).
(5) Manuscripts W and Z read fi (“in”).
(6) Manuscript A has al-majhula (“the unknown” – fem.).
(7) Manuscripts W and Z read yubayyin (“he clarifies”).
(8) The author also wrote a booklet on this subject entitled Ijazat al-Majhul wa-l-Ma‘dum (Authorization of the Unknown and the Non-existent); it has been published. See al-Kifaya, p. 325.
(9) Manuscript H reads bi-l-ma‘dum (“to the non-existent”).
(10) This refers to Abu Bakr, Abd Allah ibn Sulayman ibn al-Ash‘ath al-Sijistani, the hafiz (d. 316 AH/928 CE). See Siyar A‘lam al-Nubala, 13:221. Al-Khatib records his words in Ijazat al-Majhul wa-l-Ma‘dum, p. 45, quoting Ahmad ibn Ibrahim ibn Shadhan: “I heard Abu Bakr ibn Abi Dawud—when asked about ijaza—say, ‘I have authorized you, your children, and habl al-habala,’ that is, those who are not yet born.”
(11) The person meant is Abu Abd Allah, Muhammad ibn Ishaq Ibn Manda, the hafiz (d. 395 AH/1005 CE). See Siyar A‘lam al-Nubala, 17:28. The statement attributed to him is cited by Ibn al-Salah in Ma‘rifat Anwa‘ Ulum al-Hadith, p. 155.