Vol. VII, No. 6.) The Wagf of Moveables. 331 
[N.S] 
judgment and examination of the fundamental principles, and 
analogy based on a comparison of similar and parallel cases. 
The fifth class is that of ‘‘ the people of preference ’’ from amongst 
the sectaries, e.g., Abu’l-Hasan al-Qudiri and the author of the 
Hidayah and others like them. Their position is that of giving 
some reports preference over others, like their saying, ‘* This 
is better ‘ This is more correc ect as to report’ * This is 
more lenient to people.’’ (6) The sixth class comprises the sec- 
taries capable of discriminating between ‘‘ the strongest,’’ 
** strong ’’ and ‘‘ weak,’’ between the obvious reports of the 
School and the rare reports, is the authors of authentic texts 
from amongst the later jurists, e.g., the author of the Kanz, 
the author of the Mukhtar, the author of the Wigayah and the 
author of the Majmu‘. Their position is that they do not report 
rejected traditions and weak reports. (7) The seventh class 
Ph ater of oe below the rank of the jurists mentioned 
abo ( 
VL. Amabins Ftujtahide {i.e., of the first rank like Abi 
Hanifah, Malik, etc.] have become extinct. But limited 
Mu jtahids are divided into seven well-known ranks. As for us, 
it is our duty to follow what they have preferred and declared 
correct as we would have followed their fatwa in their lifetime. 
If it is said that sometimes they state opinions without indica- 
ting any preference, and sometimes they differ as to the correct 
view, I reply that we should act as they acted, viz., take into 
ae cate the varying practice, the condition of society, 
which is more lenient, that with regard to which practice 
(Dat amul) becomes manifest, and that smarts reasoning is strong. 
(Durr-al-Mukhtar, vol. i, p. 80. Ed. Const.). 
COMMENTS OF THE RADD-AL-MUHTAR. 
V ‘Without indicating any preference’’: So it 
shall not be departed from without there being an explicit 
preference in favour of the opposite view. The same rule holds 
good when one of the two views occurs in the texts or commenta- 
1 Mawlawi ‘Abd-al-Hayy of Lucknow, in his eon ceagaeseer ag 
-Razi, pupil of Hasan b. Ziyad, Ibn Kamal wel of 
Darky. pe Abi‘l-Su‘iid al-‘Im@di of oi the a comme 
tor of the Qur'an; the author of Bahr.al-Ra'iq amongst 
Humam, the author of Fath-al- Qadi ir. It is is gree said that the 
latter attained the rank ofa Mujtahid. 
