By N. Coulson

The vintage advent to Islamic legislations, tracing its improvement from its origins,through the medieval interval, to its position in sleek Islam.

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Next, he may have been aware of the Tradition but failed to draw from it the conclusions which were drawn by ashShafi'i, for Tawiis, as quoted by ash-Shafi'i, was concerned with the problem of the recipients of legacies, not their amount; and to attribute to him the same capacity for systematic ·t hought as ash-Shafi'i is to place him in a position some hundred years in advance of his time. lt is by no means axiomatic that the two transactions should have the same legal incidents and ash-Shafi'i himself, as has been noted above, found it necessary to establish the parallel as the first stage in his line of reasoning.

795, had refused to accept the testimony of a person, who had been previously renowned for his moral integrity, because he had excitedly applauded the performance of a singing girl. But such rigorous standards could not always govern the acceptance or otherwise of Traditions. A witness, and consequently a reporter, was presumed to possess moral integrity until the contrary was established, and the accepted practice of screening witnesses for this purpose (ta{krya) could hardly be effectively applied to reporters of Traditions in bygone generations.

AshShafi'i himself, at any rate, quite obviously knew of and accepted the one-third rule from a source other than the six slaves case; for having quoted the case he hegins his argument against the view of Tawiis as follows. " Thus th e indication of the sunna is that the Prophet's grant of freedo m ( to rhe two slaves) at the time of death constillltcs a bequest. fi'i if not the limitation of one-third? From the available ev idence, then, the foiJowing development may be reasonably assumed. In regulating a problem posed by the Qur'anic rules themselves the Prophet set the limit oflegacies at one-third.

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