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(ra'y) to a tradition from the Prophet.' This excludes the use of systematic reasoning as a means of criticizing traditions, a purpose to which it is put by the ancient schools, particularly the Iraqians.¹ Whenever Shāfi'ī disagrees with an opinion he is inclined to call it ra'y, even in cases where his Medinese opponents refer to consensus and practice.² In most cases, however, his rejection of ra'y takes on the more specialized form of rejection of istiḥsān.

Shāfi'ī and istihsān

Ra'y and istiḥsān are the same for Shāfi'ī, and he uses both terms indiscriminately.³ The whole second part of Tr. VII (pp. 270-7) is devoted to the refutation of istiḥsān. No one is authorized to give a judgment or a fetwa unless he bases himself on the Koran, the sunna, the consensus of the scholars, or a conclusion drawn by analogy from any of these, and so it follows that no one may give a judgment or fetwa based on istiḥsān. The Koran (lxxv. 36) declares that man is not left without guidance; but he who uses istiḥsān acts as if he were left without guidance and comes to whatever conclusion he pleases. The Koran in many passages makes it a duty to follow Allah's commandments and to give the right decision; no one can do this unless he knows what the right decision is, and he can know it only from Allah as laid down by Him, either explicitly or by implication, in the Koran and in the sunna of the Prophet; no one can find himself confronted by a problem for which provision is not made by Allah directly or indirectly. To admit opinions not based on a principle or on analogy with a principle -not based, that is, on Koran, sunna, consensus, or reason ('aql)- would be equivalent to admitting the opinions of non-specialists. Moreover, the expert on questions of fact is not authorized to give an arbitrary opinion, or to set aside reasoning by analogy for istiḥsān. If one were authorized to use istiḥsān one would have to acknowledge that others are free to use another istiḥsān, so that every judge and mufti in every town might use his own istiḥsān, and there would be several right decisions and