328 Journal of the Asiatic Society of Bengal. { June, 1911. 
al-A’immah al-Sarakhsi may be mentioned. It is known as the 
Mabsut of al-Sarakhsi. According to the most learned doctor 
al-Tarsiisi, whatever is opposed to the Mabsit of al-Sarakhst 
should not be acted upon; no fatwdé should be given except in 
accordance with it, and no reliance should be placed except 
upon it. The Muntagd, also by him, is also one of the books of 
the school . . . Know that there are numerous copies of the 
Mabsut reported from Muhammad, the clearest of which is the 
Mabsut of Abi Sulayman al-Jawzjini. A number of later jurists 
have commented upon the Mabsit, e.g., the Shaykh-al-Islam 
Bakr, better known as Khwaherzaidéh, his commentary being 
called the Mabsit-al-Kabir; and Shams-al-A‘immah al-Halwa‘i 
and others. Their Mabsits are really commentaries interwoven 
with the Mabsut of Muhammad, as the commentators of the 
Jami‘-al-Saghir have done, e¢.9., Fakhr-al-Islam, Qadi Khan 
and others. Thus it is said, ‘‘ Qadi Khan has mentioned it in 
the Jami‘-al-Saghir,’’ his commentary being intended thereby. 
Similarly in other works. . . . This should be carefully remem- 
bered, for it is as important to remember this as the classifica- 
tion of the Masters of the School which we shall mention shortly. 
In the chapter of the two ‘Ids of the Bahr and Nahr it is stated 
that the Jami‘-al-Saghir was written by Muhammad after the 
Asl, therefore what it contains is reliable. The Nahr also states 
that the dsl was designated Asi, because it was composed first 
of all, then the J ami‘-al-Saghir, then the Kabir, then the Ziyadat. 
Thus it is laid down in the Ghayat-al-Bayan. 
‘* Dictum of the Imam’’: The Mufti gives fatwd in accord- 
ance with the dictum of the Imam, because, says ‘ Abd-Allah b. 
Mubarak, he had seen the Companions of the Prophet and 
had given fatwés contemporaneously with the successors of the 
companions, therefore his dictum is more correct and stronger 
so long as there is no change of time and age. ; 
* the Hawi al-Qudsi, etc.’’ : I say that this is indicated 
by the statement of the Sirdjiyyah to the effect that the first 
view is more correct when the Mufti is not a Mujtahid. ‘Thus it 
is explicit that the Mujtahid (i.e., one fit to examine the 
argument, proof) should follow, out of the various dicta, that 
which has the strongest proof. Otherwise the order stated 
above will be followed. Owing to this you will find that some- 
p , 
there are conflicting reports, that which has the strongest argu- 
ment is followed, as is laid down in the Hawi. Then he says, 
