148 THE GROWTH OF LEGAL TRADITIONS

§ 43: Shāfi'ī states that there is no tradition from the Prophet on the weregeld for a Jew or a Christian; but the classical collections (see Zurqānī, iv. 41) have a tradition from the Prophet in favour of a doctrine for which Mālik (Muw. iv. 41) could only refer, without isnād, to 'Umar b. 'Abdal'azīz.

§ 60: Mālik and Shāfi'ī know only one tradition from the Prophet, with a very imperfect isnād, on an important point of ritual (see Zurqānī, i. 70). Several other traditions from the Prophet, with improved isnāds, occur in the classical collections (see Comm. Muw. Shaib. 67).

§ 89 (a): Shāfi'ī is explicit that there is no directly relevant tradition from the Prophet, and only a tradition from Ibn 'Umar, in favour of the Medinese doctrine; but it appears, in the form of a tradition from the Prophet, in the classical collections (see Zurqānī, ii. 151).

§ 111: Mālik and Shāfi'ī know only a tradition through Nāfi' from Ibn 'Umar in favour of a certain practice on the pilgrimage, and Rabi' adds that Mālik alone relates it. The classical collections (see Zurqānī, ii. 257), however, have, (a) a tradition through Nāfi' to the effect that Ibn 'Umar did not regard it as sunna, together with the statement of the transmitter Nāfi' that the Prophet and the Caliphs after him performed it; (b) a version, through Nāfi' — Ibn 'Umar, from the Prophet together with the statement that the practice of Abū Bakr and 'Umar was the same; (c) a tradition to the effect that 'Ā'isha and Ibn 'Abbās did not regard it as sunna, but as an accidental action of the Prophet; and (d) a tradition explaining how the action of the Prophet came about accidentally. All this is later than Mālik and Shāfi'ī.

§ 144: Neither Mālik (Muw. ii. 333), nor Shaibānī (Muw. Shaib. 323), nor Shāfi'ī, nor Rabī' know a tradition from the Prophet which would be decisive; it occurs in Abū Dawūd (see Comm. Muw. Shaib. 323).

§ 146: Shāfi'ī can quote from the Prophet only a tradition on the Prophet and Ibn 'Abbās; but Bukhārī (see Zurqānī, ii. 83) has a more outspoken tradition on the Prophet and Abū Huraira; this was certainly not yet known to Shāfi'ī.

Ikh. 236: Shāfi'ī knows two contradictory traditions from the Prophet, not explicit and with unsatisfactory isnāds; Mālik had contented himself with traditions from Companions (Muw. ii. 103; Muw. Shaib. 181). An explicit tradition from the Prophet occurs in Nasā'ī and other collections (see Zurqānī, ii. 103). A series of gradual stages of the development of traditions, first from Companions and then from the Prophet, can be established with the material given by Zurqānī.