488 REMARKS UPON THE 



of legal science ; the latter for the authenticity of par- 

 ticular traditions. If a case arise to which none of the 

 traditions, derived from the Prophet, may be applicable, 

 let the kd-zee determine it according to the concurrent 

 opinion of the Sahahah (companions), for their con- 

 currence affords a just and obligatory rule of conduct. 

 If there be a difference of opinion among the compa- 

 nions, let the ka%,ee compare their respective arguments, 

 and follow thosewhich.cn investigation, may appear 

 to hi:n preferable ; supposing him quiilihed to enter 

 into such a disquisition. He is not authorized to reject 

 the whole of the- e o:Mnions, and adopt a judgmenc of 

 his own, altogether novel. For the companions have 

 agreed upon this point, that although they may differ 

 fro!n each other, ii is not lawful to institute new doc- 

 trines, at variance w-th the whole of them. Khusup * 

 holds tht contra'v opinion, that when the companions 

 differ, the ka%ee may adopt a judgment altogether 

 distinct, as their dissention affords ground for disqui- 

 sition : but what is above stated has the best founda- 

 tion. When the companions have agreed upon a 

 point, in which one of their followers (kibiieen) has 

 dissented from them; if the dis5*enter was not their 

 contemporary, his opposition has no weight ; and a 

 judgment given conformably thereto, against the con- 

 current oninion of the companions, would be invalid : 

 but if he were contemporary with them, and then 

 expounded the law m opposition to their opinions, 



* Imam Aboo Rukr, Ahmud rin-i Omuu, surnanud Ivhusaf,. 

 or the f inier. He conjprsed tiie niost celebrated <4 thtr w;.rks 

 known u^.d^^r t'.ie tide o'> Adah nol Kazee, or duties of the Kazec ; 

 and Is sufed, in the Kndif co Zuncon, to have died A. H. 26l. A 

 hiiih f-nfirnium is added upon his composition ; which is said to 

 consist of 120 Chapters, replete with u>.elu! information. Sevenil 

 le;.rn>'(', men fi.ive written commentaries u;onit, of which tlie 

 mr t esteemtd is that of Imam Omiir Bin-f-Abd-ool-areez, 

 cammunly called Hoosam, the maityr, A. H. 526. 



