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

Whenever you do not find the ruling regarding something in God’s Book or in the Practice of the forefather of the Commander of the Faithful, Muḥammad the Messenger of God, may God, the Lord of all Generations, bless him and his family, seek it among the opinions of the Imams from his pure progeny, the devout and rightly guided ones, the forefathers of the Commander of the Faithful, may the blessings of God be upon them all, to whom God entrusted the safeguarding of His religion, in whom He deposited the treasures of His knowledge and the secrets of His revelation, and whom He made guides for the believers, a light for all lands, lamps shining in the murk, leading out of the labyrinth of blindness and the gloom of perdition, the exemplary path to be followed in all matters, both spiritual and mundane.

      34 Whenever something continues to perplex you and thus be difficult for you, and remains obscure and thus intractable, refer it in the final instance to the Commander of the Faithful, so that he might direct you to the correct ruling on the issue, so that you might adopt it and act upon it accordingly, for he is the remnant of the Caliphs who were guided by God and the descendant of the Rightly Guided Imams, for God, exalted and sublime be His praise, has decreed that people consult them, draw from their knowledge, and refer matters of importance to them. God said: «Had they referred it to the Messenger and to the Ones in Authority among them, then those who derived it from them would have known it.»⁷⁴ He, glorious be His name, said: «So ask the People of Knowledge if you do not know.»⁷⁵ The eloquent Prophet and the truthful Messenger, Muḥammad, said, “I have left among you two weighty matters, the Book of God and my progeny, the People of my House. You will not go astray as long as you hold fast to them, for they will not separate until they approach the heavenly pool.”⁷⁶ He who adopts as guides God’s Wards in His earth has been led to the correct path, has grasped the strongest link, and has earned the fullest share of the blessings of this world and the next.

      35 Open your door to litigants: remove obstacles between them and you, address them in a welcoming manner, extend your sessions for them, call yourself to patience with their disputes and conflicts, and avoid showing aversion for the opposing parties or vexation in your verdicts. Treat high and low alike with regard to access to your person, permission to approach you, and the obligation to maintain distance from you, and also with regard to your mien, your manner of speech, and the ways in which you listen, inquire, and explain. Do all this so that your impartiality and your justice might encompass and include them all. The powerless litigant should feel secure against injustice on your part, confident that you will treat him fairly, and reassured that his proof will not be blocked before you, while the powerful litigant should despair of your favoring him and so lose all hope of attaining what is not rightly his.

      36 Be firm in your words and deeds. Advance slowly and surely in your affairs and eschew haste; proceed deliberately and avoid carelessness. Watch over the condition of your lower soul to keep your carnal instincts in check. Examine your performance in order to perfect it, to your credit, and in order to safeguard your verdicts from flaws that will prevent their being upheld. Let those by whose 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,