IN THE LITERARY PERIOD 147

as far as he knows the Prophet never blamed the triple divorce; but a tradition condemning it occurs in some classical and other collections (Zurqānī, ibid.).

Traditions originating between Shāfi'ī and the Classical Collections

Tr. 1, 109: Shāfi'ī states explicitly that the oldest authority of the Iraqians for their doctrine on the evidence of non-Muslims, in lawsuits between themselves, is Shuraiḥ; the tradition from the Prophet to the same effect in Ibn Māja (see Comm. ed. Cairo) is later.

Tr. III, 21: Shāfi'ī adduces traditions from others than the Prophet as a confirmation; this shows that the traditions from the Prophet which he mentions are all that he knows. But further traditions occur in the classical and other collections (see Comm. Muw. Shaib. 103).

§ 29 (a): Shāfi'ī is positive that there exists no authority in traditions from the Prophet for a certain ancient doctrine which is based on practice; Rabī' can adduce none, and there is no trace of any in Muw. i. 149 or in Muw. Shaib. 101. But Bukhārī, Muslim, and others know a tradition from the Prophet to this effect (see Zurqānī and Comm. Muw. Shaib., loc. cit.).

§ 29 (c): Zurqānī, i. 155, states correctly that Malik in the whole relevant section does not mention one tradition from the Prophet; neither does Shāfi'ī nor Shaibānī in Muw. Shaib. 128. Zurqānī and Comm. Muw. Shaib. supply several from the classical and other collections. Considering Shāfi'ī's vehement polemics, it is certain that these traditions were still unknown to him and his predecessors.

§ 40: The Medinese follow traditions from 'Umar, through Ibn 'Umar, as against a tradition from the Prophet, through 'Ā'isha; or historically speaking, the Medinese doctrine found its expression in traditions from 'Umar, and the tradition from the Prophet is later. This doctrine was justified by a harmonizing interpretation of the tradition from the Prophet (Muw. Shaib. 197; Ṭaḥāwi, i. 363; Zurqānī, ii. 152), and this interpretation underlies a tradition in Muslim (see Zurqānī, loc. cit.) which must be later than the discussion between Shāfi'ī and Rabi'. Shāfi'ī follows the tradition from the Prophet, through 'Ā'isha, and disregards the traditions from 'Umar on principle; this attitude was also embodied in a tradition in Bukhārī and Muslim (see Comm. Muw. Shaib. 197), according to which Ibn 'Umar decided in keeping with what was the Medinese doctrine, but was contradicted by 'Ā'isha who referred to the example of the Prophet. This, too, is later than Shāfi'ī who would not have failed to refer to it in his polemics with the Medinese, had he known it.