Vol. VII, No. 6.] The Wagqf of Moveables. 329 
[V.S.] 
when there is no clear answer from any of them regarding a 
particular case, but the later jurists have unanimously expressed 
an opinion about it, it is to be followed. If, however, they 
differ, es opinion of the majority is to be fo lo wed. 
answer by way of express ruling is found from any 
source weatever: the Mufti should examine the case with care, 
consideration and ijtihad, so that he may deduce a rule concerning 
it which should approach exemption from responsibility. ‘‘The 
Ulema ele delivered fatwas, etc.’’ 
rned base their fatwa (or decision) on the opinion of 
Abi Hantfah in all questions of ‘/badat (or devotional acts) 
ey declare that decisions are to be based on the ‘opinion 
of Muhammad i in all questions relating to distant kindred (7.¢., of 
inheritance). In al-Ashbah in the chapter on the ‘‘ Duties of a 
judge ’’ it is stated that decision is according to the opinion of 
Abu Yusuf in whatever relates to the duties of the judge, 7. 
because he had a fuller knowledge of the subject and becaus 
his practical experience. For a like reason Abii Hanifah hs 
going on pilgrimage and knowing its hardships gave up his 
former opinion that charity is ta meritorious than voluntary 
pilgrimage. It is stated in the commentary of al-Biri, that 
decision -is according to the opinion of Abii Yusuf in questions 
of evidence also, and oe is according to the opinion of 
Zufar in seventeen question 
re are Qiyas (analogy) and Istihsan (favour- 
able construction) regarding a particular case, the practi 
should be in accordance with Ts aaa except in a few 
well-known cases. . When there three views con- 
cerning a case, then the preferred quis is that in the 
beginning or | the end and not that in the middle. It is laid 
down in the Sharh-al- Munyah that when reason is in conformity 
with report, it should not be departed from. This is stated in 
the chapter on the obligatory ceremonials of prayers, where the 
author gives preference to the report concerning the obliga- 
toriness of rising from the posture of bending and prostrating 
the body in prayer, on account of the arguments adduced, al- 
though it is contrary to the well-known report from Abi Hanifah. 
“In the chapter on Wagf of the Bahr, etc.’’ : When of 
two Sg seers opinions, one is more favourable to the wag 
as will be stated in the chapters on Wagqf and Ijarah, the Mujts 
should deliver fatwdé in accordance with that opinion, out of the 
conflicting views of the Ulema, which is more favourable to the 
waq/; and likewise if-one of the two conflicting views is the 
awe. 
** And such like expressions ’ : eg.; their saying, ‘‘ Its prac- 
tice has become current’; ‘ It is the recognized practice.’’ 
**Qur Master”’ : Sabsenien this expression occurs in this book 
peste any further qualification, the most learned doctor 
haykh ithage al-din al-Ramli is meant by it. 
