4Q2 REMAUKS. UPON THE 



cations must be regulated by his recent opinion. This 

 is the doctrine of the two elders (Shy'khy'n, viz. 

 Aboo Huneepah and Aboo YoosuF.i and Ima'm 

 MoHUMMUD agrees with them, provided the se^cnd 

 opinion of the kazec, in such cases be deeined bv otliers 

 preferable to the first. It is further stated ;by Taha'- 

 vee), that if the ancient jurists have formed different 

 opinions upon any point, and their successors have 

 agreed upon the opinion to be preferred; according 

 to the two elders, this agreement does not remove tlie 

 effect of the former difference ; but Ima'm Mohum- 

 MUD thinks it is removed thereby. Shy'kh ool Is- 

 lam Shums ooL AiMM AH SuRUKHSEE, ref)orts, howc- 

 ver, that all the disciples of Aboo Huneefah agree in 

 opinion upon this ])oint, and that a few of the learned 

 only hold the continuance of the original dissent, not- 

 withstanding tiie subsequent agreement. ' If the lawyers 

 of one age concur in any particular doctrine, and a 

 kazee, in after times, differing in opinion from them, 

 with an upright intention, pass an opposite judgment; 

 some hold his so doing to be legal, provided there were 

 an original difference amono: the learned upon the doc- 

 trine in question ; whilst orhers deem it illegal, not- 

 withstanding such origuial difference ; but all agree 

 upon the illegality of the opposite judgment, supposing 

 no difference of opinion to have been at any time en- 

 tertained upon the subject. In the Futaiva-i Itabiyah* 

 it is stated, that if a kazee take an exposition of the law 

 from a Mooftee^ and differ in opinion from the latter, 

 he is to pass sentence in the case according to his own 

 judgment; provided he be a person of understanding 

 and knowledge ; and that if the sentence be passed 



* The author of" this work, Aboo Nusr Ahmud bin'-i-Mohum- 

 MU-D OOL IxALER, of B.)k/iar./, is rnuntioaed in the Knsnf oo Znnoon 

 a^ havin<4 also wriUfi) 3 commentary on the Jama-t Sng/iecr oI'Imi 

 AM MoHUMMUD. He died A- 1:1.585, 



