370 Journal of the Asiatic Society of Bengal. [June, 1911. 
Ipip. (p. 377). 
To ascribe the original lawfulness of things to the Mu‘tazi- 
lah is at variance with what is stated in books on the Principles 
of Law; for, in the Tahrir of Ibn-al-Hammam it is stated that 
that all things are originally lawful is the authoritative view of 
the Hanafis and Shafi’is generally. Itis also stated in the com- 
mentary on the ‘‘ Principles’ ’(U stl) of al-Bazdawi by al-‘ Allamat- 
al-Akmal: The majority of our doctors as well as the majority 
of the Shafi’i doctors say that all things which it is permissible 
that Law may allow or forbid, are, before the law speaks, 
lawful, for lawfulness is the original property of things; so 
that it has been declared permissible for one who has not heard 
of the law to that effect to eat whatever he likes. And it is to 
this that Muhammad alludes when he treats of compulsion. 
He says: ‘‘ the eating of what is dead and the drinking of wine 
have not become unlawful except by the prohibition.’’ So he 
makes lawfulness to be the original state of things and unlaw- 
fulness only an accident. 
LXXIX. Tue NOr-at-AnwARr (p. 221, Hd. Lucknow). 
And the condition of a valid ijma‘ is the assemblage of all ; 
and the dissent of one is an impediment like the dissent of 
the majority, é.e., if at the time of the meeting of the ima’ 
one man expresses his dissent, his dissent will be taken into 
consideration and the meeting of the ijma‘ will not be held 
because the word “ people ’’ in the saying of the Prophet, ‘“‘ My 
ummah (people) will never agree upon an error ’’ embraces 
all; so it is possible the right be with the dissenter. 
Note.—** Assemblage of all,’’ 7.e., (a) all the Mujtahids ; () 
and it is said that the least number whereby it (valid ijma‘) 
is held is three and al-Sarakhsi inclines to this view because it 
(the number three) is the least number which connotes the idea 
of a multitude (jama‘ah): (c) and it is said that it (the number 
necessary for a valid ijma‘) is two, because it (two) con- 
notes the idea of plurality; (d) and it is said that if only 
one Mujtahid is to be found his opinion will amount to an ijma@ 
because the word (ummah) ‘ people’ becomes applicable to him 
when he is the only Mujtahid ; as God said, ‘‘ Verily Abraham 
was an wmmah (people) devoted to prayer.”’ 
Isp. (Lucknow Ed., p. 83). 
The second kind comprises of the word ‘‘ three” when 
applicable to words which are plural both in form and meaning, 
eg.‘ man, ‘woman,’ when they are common nouns not preceded 
by the definite article denoting a class or species. ‘To this class 
what is plural in meaning only, e.g., nation, 
