332 Journal of the Asiatic Society of Bengal. { June, 1911. 
ries, or happens to be the view of the Imam (Abu Hanifah) or 
there is Istihsan regarding cases other than those excepted, or it 
happens to be more favourable to the wagf. (Vol. I, p. 80). 
VIII. ‘‘ His School’’: A Hanafi giving judgment accord- 
ing to the school of Abi Yusuf or Muhammad gives judgment 
according to his own school. 
‘* Contrary to his school’’: i.e., the fundamental basis of 
his school, e.g., when a Hanafi gives judgment according to the 
school of al-Shafi‘l, etc... ... But if a Hanafi gives judgment 
according to the school of Abi Yisuf or Muhammad or any 
other companion of the Imam like them, the judgment will not 
be contrary to his opinion (Durar), i.c., because the companions 
of the Imam never gave expression to an opinion which was not 
originally held by the Imam himself. (Radd al-Muhtar, iv, 
518. Ed. Const.). 
IX. Tue ‘Umpat-at-Ri‘AyaAn, COMMENTARY ON THE SHARH- 
AL-WIQAYAH, INTRODUCTION By ‘ABD-AL-Hayy. 
(Ed. 
_ The fact of the matter is that our greatest Imam said, “‘ It 
is not permitted to any one to accept our dictum so long as he 
is not aware of its source, either from the Book, the Sunnah, the 
consensus of the people, or manifest analogy with regard to 
any particular case.”” (‘Umdat-al-Ri‘ayah, p.\14, Ed. Lucknow). 
Al-Shafi‘i said, ‘‘ When a hadith is found to be correct con- 
trary to my dictum, throw my dictum over the wall, and act on 
the sound hadith.’’ (Ibid., p. 14). 
__ In the chapter of the Ashbah on the Duties of a Judge, it is 
laid down that the Mufti should base his fatwdé on what he con- 
siders to be advantageous. The same view is stated in the 
chapter on Dower of al-Bazzaziyyah. . . . . It is laid down also 
in the Ashbah that the fatwd regarding a wagf should be based 
on what is most favourable to it. The same view is stated in the 
Sharh-al-Majma‘ and the Hawi-al-Qudsi. (Ibid., p. 15). 
__ By the words ‘‘ Imam ”’ and ‘‘ the greatest Imam ’’ occur- 
ring in the works of our leading jurists, the founder of the School 
Abu Hanifah is‘meant. And he is also meant by the expres- 
sion ‘‘ founder of the School.’’ By the phrase, ‘‘ Two com- 
panions,’’ Abii Yisuf and Muhammad are meant, and by ‘‘ Two 
Shaykhs,’’ Abi Hanifah and Abi Yisuf ; by ‘‘ Two sides,”’ 
Muhammad and Abi Hanifah. By the ‘‘ Second Imaim,’’ Abi 
Yusuf is meant; by the ‘‘ Divine Imim,’’ Muhammad ; by their 
expression, *‘ according to our three Imams,’’ Aba Hanifah, 
Muhammad and Abi Yisuf; and by ‘‘ four Imams,’’ Abi 
Hanifah, Malik, al-Shafi‘i and Ahmad, the founders of the well- 
al-A’immah al-Sarakhsi is meant. (‘Umdat-al-Ri‘ayah, p. 16) 
