144 THE GROWTH OF LEGAL TRADITIONS

Shāfi'ī. It was therefore imperative for Mālik to mention a tradition from the Prophet, if he knew one, but he adduces only the alleged opinion of the ancient Medinese scholars Qāsim b. Muhammad and Sālim (Mud. iii. 34),¹ and Mud. adds only a circumstantial but certainly spurious tradition which is set in the time of the Companions. The classical tradition from the Prophet on the problem in question, through Nāfi'—Ibn 'Umar, was still unknown to Mālik and appears for the first time in Shāfi'ī. It is added that Nāfi' related this tradition to 'Umar b. 'Abdal'aziz who gave instructions accordingly; this expresses the attitude of the traditionists.

Ikh. 96: a tradition from the Prophet on an important point of ritual purity, the sound isnād of which Shāfi'ī commends, is still unknown to and not followed by Mālik' (Muw. i. 100; Muw. Shaib. 76).

Traditions originating between Mālik and the Classical Collections

Muw. iii. 134: Mālik adds to the text of a tradition from the Prophet his own definition of the aleatory contracts mulāmasa and munābadha; the same definition appears as a statement of Mālik, not in connexion with any tradition, in Mud. x. 37 f. It is, in fact, a current Medinese formula, ascribed to Rabī'a in Mud. x. 38, and also occurring as an explanatory addition to the text of two parallel versions of the same tradition, where Mālik does not appear in the isnād (ibid.). But this interpretation has become part of the words of the Prophet in Bukhārī and Muslim (see Zurqānī, iii. 134); at the same time, Bukhārī and Muslim relate the same tradition without the interpretation, and in Nasā'ī where the addition is slightly longer, it is clearly separated from the text.

Tr. III, 22: Mālik's own words, technically formulated (Muw. i. 372; Mud. i. 109) and repeated by Rabī' in a discussion which turns on the traditional authority for the doctrine in question, without any suggestion that these words are part of a tradition, have become a tradition from the Prophet in Ibn Māja's collection (quoted Comm. Muw. Shaib. 148, n. 3; also in Ṭaḥāwi, i. 207).

§ 36: Mālik had to rely on a mursal tradition from 'Umar, and on a subsumption which Shāfi'ī refutes as contrary to Arabic usage. There are two traditions from the Prophet with Medinese isnāds in Muslim's collection (quoted by Zurqānī II. 196).

Traditions originating between Abū Yūsuf and Shaibānī

Tr. IX, 29: Auzā'i refers to the alleged instruction of Abū Bakr not to lay waste the enemy country; this invokes the authority of a Caliph and Companion of the Prophet in favour of the doctrine of