102 ANALOGY, SYSTEMATIC REASONING,

more meticulous interpretation of the Koranic verses and also tends to extend the sphere of the obligatory gift, though not quite as far as Khair and Zuhrī do, is expressed in a tradition related by Nāfī' from Ibn 'Umar. This tradition, and one from another Companion in favour of the obligatory gift, were put into circulation between Zuhrī and Mālik, in whose Muwatta' they appear for the first time. Shāfi'ī follows the tradition from Ibn 'Umar and attacks the current Medinese doctrine as systematically inconsistent. All Medinese opinions, starting with the ra'y of Tauba and Khair, share the tendency to impose the obligatory gift in a wider range of cases than the Iraqians (Muw. Shaib. 262); these last give the Koranic verses a narrow interpretation, which is also the natural one, and their doctrine probably represents the oldest stage.

Pp. 348-52: a considerable number of decisions given by the same Khair b. Nu'aim are reported; it is evident from the context that they are regarded as the result of his own discretion, and no references to traditions are given in this connexion.

It is significant that this kind of information ceases soon afterwards.

The position of ra'y in Muhammadan jurisprudence immediately after the end of the Umaiyad period is discussed at length by Ibn Muqaffa' in his Risala fil-Sahaba, which can be dated about A.H. 140.¹ According to Ibn Muqaffa', the Caliph, whatever the flatterers may say, cannot interfere with the major duties of religion, and a wrongful order coming from him must not be obeyed. But he possesses supreme authority and can give binding orders at his discretion (ra'y) on military and civil administration and generally on all matters on which there is no precedent (athar), basing himself on Koran and sunna.² No one but the Caliph has this right (pp. 122 f.). Reason and personal opinion ('aql and ra'y) have a restricted but necessary function in religion. The final discretionary decision belongs only to the ruler, but he must endorse and carry out the positive commandments and sunnas (p. 123). Systematic reasoning (ra'y) ruthlessly pursued leads to the drawing of remote conclusions which are based neither on Koran nor on sunna, are acceptable to no one except their author, and lead to disagreement (p. 126).