Disagreements of the Jurists. al-Qadi al-Nu'man

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СКАЧАТЬ attestation you overturn earlier verdicts⁷⁷ be renowned for their trustworthiness and devotion and noted for their veracity and continence, and let those whom you select to assist you in your affairs and to undertake your duties be distinguished by their piety and chastity and reputed for their probity and knowledge of the law.⁷⁸ Scrutinize their actions and conditions at all times, and examine their affairs in such a way that you become apprised of the true state of each one: Does he follow your opinions and practice according to your doctrines, or does he contradict your commands and violate your prohibitions? Do this so that you might recompense him as he deserves for his praiseworthy or blameworthy conduct. Those who are trustworthy and honest will become more perspicacious concerning their affairs and content with their circumstances, while those who have violated their religion, betrayed their trust, ignored their good fortune, and cast away what was best for them will take heed from the punishment of others. Examine well matters of inheritance that are brought before you for judgment. Safeguard the property of orphans that is placed under your control, dispose of it as the law requires, and maintain and guard it against squander and loss. In doing this you should seek the guidance of God in all of your affairs, beseech His assistance, be ever heedful of His wrath, and entrust your affairs to Him in all the various situations that befall you. The Commander of the Faithful beseeches God to grant you the grace of His assistance and guidance, for He is the Munificent and Generous One.

      37 Enscribed on Monday, three days before the end of the month of Rabiʿ al-Awwal, in the year Three Hundred and Forty-Three [August 1, 954]. God bless Muḥammad His Prophet, His Chosen and Elect, and the Pious Ones among his progeny and keep them.

      38 That which the Commander of the Faithful, God bless him, stated, that God set forth in His Book His permitted and forbidden things and His legal rulings, is what has been discussed above, and both the Book of God and the report of the Messenger of God attest to this. The same may be said of what the Imam, may God prolong his exalted status, commanded: That which was difficult and confusing for me should be referred to him. That as well is what the Book of God has pronounced, and the report of the Messenger of God has been cited to that effect above. The case of the Rightly Guided Imams among the People of the House of the Messenger of God was similar, both in ancient times, and in the time of al-Mahdī, God’s blessings be upon him, and those Imams who came after him, with all those whom they appointed as judge. They appointed them on this principle, and the contents of the decree of my appointment by al-Manṣūr, God bless him, were similar:

      39 Adopt as guide the Book of God concerning what He commanded and prohibited, and what He declared permitted and forbidden. Concerning that for which you find no explicit ruling in it, follow the Practice of Muḥammad, God bless him, and the doctrines of the guiding Imams, the People of his House, God bless them. If a question becomes difficult for you and you cannot determine an answer, then bring it to our attention so that we may instruct you what to do concerning it. Seek help from God, and He will help you. Seek guidance from Him, and He will guide you. Ask Him to provide for you, and He will provide what suffices you, for He guards over those who side with Him and provides for those who depend on Him and seek provision from Him. The reward of those who do good works for His sake and earn His approval is never lost with Him.

      40 The Imams, peace be upon them, commanded us to act in accordance with the Book of God and the Practice of His Messenger Muḥammad regarding that which was clear and obvious to appointed officials and to refer to the Imams that which was unclear to them, just as God commanded us to do in His Book and in the utterances of His Messenger. They did not command us to resort to analogy, speculative reason, preference, personal judgment, legal interpretation, or anything else that the Sunnis have professed, commanded, and adopted.

      41 There is no difference of opinion among them about the fact that he who does not know something concerning his religion but knows that someone else knows it must ask that person and learn from him that which he does not know. In such a fashion they acquired what they allege is religious knowledge and derived it from those whom they consider more knowledgeable about it than themselves, because it is neither possible nor permissible for them to inquire about it, or to acquire it, from someone whom they know to be ignorant. For is not he who does not know how to resolve an issue that he faces tantamount to someone who is ignorant of it? How could it be permissible for him to refer the question to himself and to devise his own legal interpretation, as they call it, employ analogy, or resort to preference, selecting whatever view he deems best, and follow that, when beforehand he was utterly ignorant about the question, and when they consider it forbidden to consult and refer to ignorant people? If the true ruling could possibly lie in what a man prefers and considers correct, and arrives at through individual legal interpretation of the issue, then so could the fundamental principles of the religion. Otherwise, how could it be allowed for a minor point of the religious law without also being allowed for one of its fundamental principles? But if that were permissible, then the adherents of every sect, faith, and religion would be on the true path, because all of them would have viewed what they embraced as their faith as preferable, adopted it as a consequence of mere individual interpretation, and arrived at it merely through their own judgment. God the Exalted said,«They consider that they are of sound opinion; nevertheless, they are liars.»⁷⁹

      42 God revealed His Book, gathered together in it all the religious obligations that he imposed on the worshipers, clarified in it that which He saw fit to clarify, and left ambiguous in it that which He saw fit to leave ambiguous. He did this in order to compel the worshipers thereby to need those whom He made superior to them and obedience to whom He imposed as an obligation of the faith, and in order to guide them to the Imams. He taught the Imams exclusively knowledge of the religion, and caused the believers to need the Imams in that regard. Were it not for that fact, people would all be equal in knowledge, and no one among them would be superior or inferior in learning. God said: «These are similes which We coin for the people, yet only the knowledgeable comprehend them»⁸⁰ and «So ask the People of Knowledge if you do not know.»⁸¹ He did not say, “Ask yourselves, O ignorant people,” or, “Refer what you do not know to yourselves.”

      43 The Sunnis have differed in opinion regarding the identity of the People of Knowledge whom God commanded believers to consult, and concerning the Ones in Authority whom God commanded the believers to obey. One group of them said that they are the jurists, meaning their colleagues. One should respond to them: Those whom you have indicated differ concerning that about which they are asked, and some of them consider lawful what others of them consider forbidden. So is it permissible, in your view, that God might command that those who are known to differ in opinion be consulted? If they are asked and then issue differing opinions in response, whose opinion among them should be accepted by the petitioner as correct? Is it permissible that the truth lie in all their opinions, or only in the opinions of some of them? Regarding this point a lengthy discussion is required, and this chapter is not the place to treat it exhaustively. God willing, we will present as much of it as is appropriate in the refutation of those who espouse the use of legal interpretation. We have already mentioned above the words of God in which He censured and prohibited difference of opinion, so how could He possibly command His worshipers to accept opinions from those who differ concerning His religion, when He faults them in His Book?

      44 Others said: «The Ones in Authority» whom God ordered be obeyed are the commanders of military expeditions.⁸² One should respond to them: Obedience to commanders of military expeditions is necessary if they are appointed by someone to whom obedience is obligatory. An order that commanders must be obeyed issued by the one who appoints them commanders over their men actually applies only to the men over whom they were appointed; it should not go beyond them to apply to anyone else who does not belong to the military expedition. This statement by God, however, is generally applicable to all the believers. God said: «O ye who believe! Obey God and obey the Messenger and the Ones in Authority among you.»⁸³ He included all the believers in the command to obey the Ones in Authority, so how could He possibly have meant this command to apply only to some of them—the commanders of military expeditions—as СКАЧАТЬ