AUTHORITIES OP MOSULMAN LAW. 4^5 



there be only one such Mooftee on the spot, his single 

 exposition may be acted upon, without fear of imputed 

 deficiency. It is thus written in the Budayid *." 



"The legal meaning of Ijtihdd is the diligent exer- 

 cise of the mental faculties in search of the thino- de- 

 sired ; and the requisite qualification of a Moojtahid, is 

 a discriminative knowledge of what is contained in the 

 book of God, and in the traditions from the Prophet, 

 relative to legal rules and ordinances (alikdm.) It is 

 not essential that he should also know the moral pre- 

 cepts and admonitions included therein. It has been 

 likewise declared that a person, whose general rectitude 

 exceeds his deviations from rig^ht, may lawfully prac- 

 tise Ijtihad, or disquisition. But the definition above 

 given is accurate : as stated in the Fosool ool Imadee- 

 yah^. The most correct account given of a Moojta- 

 hid \?i, that he have a comprehensive knowledo^e of the 

 divine book, with tiie different interpretations thereof; 

 a full acquaintance with the traditions, their gradations, 

 textSj and comments ; a right undersianding, or power 



• A commentary on the Tohfut ool Fokaha, of Smykh ola ooDEE^f 

 MoHUMMuD, ot Sumurkund,hy h'ls^w/i], Aboo Bukr, bin-i Mu- 

 soood, o^ Kashan,\i\ Persian Irak. Ttie author of the Kushf oo* 

 Zunoo7t states the death of the hitter to have been A. H. 587; and 

 adds tlie master was so well pleased with the comment of his scho- 

 lar, that he gave in marriage to the latter his dau2;hter pATrMAH, 

 who was also learned in tlie science of jurisjM-udence, The entire 

 name of the commentary is Budayia oo Sunayia fee. turteeh oo Snu- 

 raii'ia. Both the text and comment are quoted us authorities ; but 

 neither is known to be now extant in India. 



f By Abool futh Mohummuh bin-i Aboo Bukr, of Murtrhee- 

 ■nan. He is stated, in the Kushf oo Ziinoon, to liavt composed ttie 

 work qtioted, A. H. 651, at the College founded by Imad ooi.- 

 MooLK, in the suburbs o( Sumurkund. It contains torty sections on 

 civil transactions (MoamuiatJ only ; and bein^ left incomplete at his 

 death, was finished by his son, Jumal oo' deen. A copy is amono' 

 the books of the Nhanuit Adalut, and it is considered a work of au^ 

 thoriiy. 



