486 REMARKS UPON THE 



MofiUMMUD next according to Zoofur ; and then 

 according to IIusuN BiN-i Ziy'a.d. It is said, tiiat 

 if Aboo Huneefah be of one opir.ion, and his two 

 iliscipies of another, the Mooftee is at liberty tochuse 

 either; but the preceeding rule must be observed, 

 when the Mooftee is not a scientific jurist ; (and there- 

 fore not coinpttent tojud^e of tne opposite opinions.) 

 This is copied from the koonyah *. In judicial de- 

 creees however a preference is given to the doctrine of 

 AbooYoosuf (who was an eiiiinent judge ; for Imam 

 Suriikhsee-^-^ has declared it safe to rely upon Aboq 

 YoosuF in judici;i] matters ; and that the learned have 

 followed him in such cases; though if there be a dif- 

 ference between the two disciples^ which ever agrees 

 with Aboo Huneefah must be preferred. The joint 

 opinion of the disciples may also be adopted, though 

 different from that of Aboo Huneefah, if the dif- 

 ference appear to proceed from a change of human 

 affairs ; (//'/. a change of men, and alteration of times ;) 

 and modern lawyers are agreed, that the doctrine of" 

 the two disciples may be taken for adjudication in all 

 matters of civil justice." 



It appears, however, that the ancient jurists held 

 the authority of Aboo Huneefah to be absolute, 

 although both his disciples might differ from him. 

 This is stated, without reservation, in a chapter, " on 

 the order of authorities to be observed in practise," 



* A law tract often quoted in the Futawa-i Aalumsreeree, not 

 known to b'' at present extant; and by whom composed, has no^ 

 been ascertained. 



|- Shums ool AiMMAH, Aboo Bukr Mohummud, native of 

 Suruk/is. ill Khoramn. Tlie Moheet composed by liim will be men- 

 tioned in a subsequent note. He also wrote a coiDmentary on the 

 Jaina-i Smr/ifrr oi Imam Mohummud ; and a cimment upon the 

 Krfre cnl tiakim, (sVArdm the Kiish/-op'zunoon to have been com- 

 posed by Hakim-1 Shaueed, Mohummud ; but no longer extant,) 

 which is Ciilled Mubsoot-i Saniklnec, and often quoted in ^the 

 Hidaijah. He died, at the place of his nativity, A. H, 483. 



