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former command he embraces and such former command he rejects. For the Prophet has, in his sayings, as it is the case in the Koran, observed the same law, with regard to the abrogating and abrogated precepts-to those adapted to vulgar reception, and those to the better informed-those about which no doubt can arise; and those which are otherwise. And it should be remembered, that his sayings are thus capable of two meanings,-one adapted to the vulgar, and another to the better informed, just as in the case of the Koran. Such are the sources of the variety to be found in the traditions. Let us now see what is to be done, when the authorities appear to be respectable.

فان كان كل واحد اختار رجلا من اصحابنا فرضيا ان يكونا الناظرين في حقهما واختلفا فيما حكما وكلاهما اختلف في حديثكم قال الحكم ما حكم به اعدلهما وافتهما واصدقهما في الحديث واورتهما ولا يلتفت الي ما يحكم به الاخر قال فانهما عدلان مرضيان عند اصحابنا لا يفصل واحد منهما على صاحبه قال فقال ينظر الي ما كان من في ذلك الذي حكما به التجمع عليه من اصحابك فيوخذ به من حكمنا ويترك الشاذ ليس بمشهور عند اصحابك

روايتهم

عنا

فان المجمع عليه لا ريب فيه وانما الامور ثلثة امر بين رشده

فيتبع وامر بين غيه فيجتنب وامر مشكل

یرد

علمه الي

ذلك حلال بين

اخذ بالشبهات

الله والي رسوله . . . قال رسول الله فمن ترك الشبهات نجا من المحرمات ومن ارتكب المجرمات وهلك من حيث لا يعلم قلت فان كان الخبران عنكما مشهورين قد رواهما الثقات عنكم قال ينظروا فما وافق حكمه حكم الكتاب والسنه وخالف العامة فيوخذ به ويترك ما خالف حكمه حكم الكتاب والسنة ووافق العامة قلت جعلت فداك ارايت ان كان الفقيهان عرفا حكمه الكتاب والسنه ووجدنا احد الخبرين من

موافقا للعامة والاخر مخالفا لهم بأي الخبرين يوحد قال ما خالف العامة ففيه الرشاد فقلت جعلت فداك فان وافقها اليه اميل حكامهم ما

هم

الخبران جميعا قال ينظر الي حكامهم الخبرين وقصاتهم فيترك ويوخذ بالاخر قلت فان وافق جميعا قال اذا كان فارجه حتي تلقي امامكم فان الوقوف الاقتحام في الهلكات. عند الشبهات خير من

But sup

posing each of the disputants should choose one of our companions, and these should agree to examine their different positions, but should give different judgments, from the different traditions which they have held. What is then to be done? It was replied: The decision of the most just, learned, true, and abstemious of the two, is to be followed: the other disregarded. But, supposing both of these to be equally respectable with us; what then? He replied, Observe which holds the most generally received tradition, and then follow his judgment; but the other who holds the more doubtful is not to be regarded. In that, in which the majority agree, there can be no doubt. Upon the whole, there are three things to be observed. ONE, the truth of which is apparent. Let this be followed. ANOTHER, doubtful. Let this be avoided. A THIRD, difficult. Let this be left to God and his Prophet-The Prophet has said: That which is lawful

و شبهات بين . حسام الدین is clear, (in the Commentary by

, what is unlawful is clear, and so is what is doubtful), he who gives up what is doubtful, shall escape what is unlawful: but, he who embraces what is doubtful, shall be implicated in sin, and perish; because he acts in ignorance. But supposing both accounts to be equally respectable, and those who have given them worthy of credit. It was replied, In this case let it be seen which agrees best with the Koran, and the general practice of the Prophet, but contrary to vulgar opinion; and then take that: but what is contrary to the Koran, and the general practice of the Prophet, as well as what accords with vulgar opinion, is to be rejected. I am

greatly indebted to you, said the enquirer. But again, suppose the decision of both to agree with the Koran, and the practice of the Prophet, but one of them to fall in with vulgar opinion, but the other to be opposed to it, what is to be done then? It was replied, That which opposes vulgar opinion contains the truth. The enquirer expressed his obligations, and continued: But suppose both have equal authority in every respect, what then? Observe, it was replied, to which of the two the magistrates and judges are most inclined, and let that be rejected, the other received. But it was suggested, Suppose the magistrates are equally inclined to both. Then, said he, wait till your Imám shall make his appearance: for it is better to wait in doubtful cases, than to be hasty where there is danger of destruction.

:

(Note D. Ib.) If it could be shown that any reliance at all is to be placed upon the traditions, the next point, as in the above Notes, would be to enquire, which of the traditions are to be taken for there can be no doubt that they differ very considerably on these points. And as it will be difficult to say to which the greatest authority is to be attached, true wisdom must suggest, as above, that the matter be deferred, and that the accounts for the present be not received.

As the word has occurred in the above extracts, and has there been translated practice, it will be necessary here to ascertain its precise meaning. Pococke, and others, who have followed him, have translated it by tradition. See Specim.

or book of كتاب التعريفات Hist. Arab. p. 201. In the

definitions, we have this account of the word in question.

السنة .... في الشريعة هي الطريقة المسلوكة في الدين من غير افتراض ولا وجوب فالسنة ما واظب النبي عليه السلام عليها مع الترك احياناً فان كانت المواظبة المذكورة علي سبيل العبادة فسنن الهدي وان كان علي سبيل العادة فسنن الزواريد فسنة الهدي ما يكون اقامتها تكميلا للدين وهي التي التي تتعلق بتركها كراهة او اساة وسنن الزوائد هي

اخذها

هدي اي اقامتها حسنة ولا يتعلق بتركها كراهة ولا اساءً Al كسير النبي عليه السلام في قيامه وقعوده ولباسه

Sonna is, in law, the observance of religion in matters, respecting which there is no positive and necessary command: also the general practice of the Prophet, with some few exceptions. Now this general practice in matters of religion, is called, the Sonna of guidance; but in those of common occurrence, the Sonna of excess*. The Sonna of guidance is that, by the due performance of which, religion is rendered complete; and the dereliction of which is either detestable or sinful. The Sonna of excess is that, to embrace which constitutes guidance; that is, its performance insures good works, but the dereliction of which is neither detestable nor sinful; as for instance, the custom of the Prophet in his rising, sitting, or putting on his clothes, (i. e.) the Prophet's practice in these respects is not binding.

In the margin we have this note.

السنة ما واظب النبي عليه السلام والواجب ما شرع لاكمال الفرض والسنة لاكمال The Sonna is that which was الواجب والادب لاكمال السنة .

constantly practised by the Prophet. That which is of canonical obligation, has been legislated for the fulfilment of the positive precepts. The Sonna, therefore, is for the fulfilment of that which is of canonical obligation: and discipline is for the fulfilment of the Sonna." I understand the Sonna, therefore, to

حدیث mean, the general practice of Mohammed; and the

,

Hadith, to signify the accounts in which a description of that practice is said to be preserved. See also D'Ohsson's Tableau de l'empire Ottoman, Introd. pp. 2. 11-12.

Sonna.

These are called by D'Ohsson the constant and inconstant

TRANSLATION

OF

MR. MARTYN's FIRST REPLY

TO THE FOREGOING TRACT.

THE Christian Minister thanks the celebrated Professor of Islamism for the favour he has done him in writing an answer to his enquiries; but confesses, that after reading it a few doubts occurred to him, on account of which, and not for the mere purpose of dispute, he has taken upon himself to write the following pages.

That a miracle is something which exceeds common experience is certainly true for the very object of a miracle is to shew, that he who performs it has been sent from God: and this cannot be known except by some act exceeding human power: nor can human power be known but by human experience. Human experience, however, is not confined to any particular tribe or people, to the exclusion of any individual: for there may be something which one man may do, which others cannot, and yet not exceed human

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