THE CONFLICT OF DOCTRINES IN TRADITIONS 153

ascribed to him; some versions in the classical collections (see Zurqānī, ii. 89 and Comm. Muw. Shaib. 178) make him change his opinion or affirm emphatically that not he but the Prophet says so. The ascetic refinement ascribed to Abū Huraira was unsuccessful and was repelled by traditions which used his own name.

Muw. ii. 103: the first tradition from Ibn 'Umar is a typical counter-tradition, alleging a change in his practice.

The Medinese regard the marriage concluded by a pilgrim as invalid, the Meccans and the Iraqians regard it as valid (Muw. Shaib. 208). Mālik (Muw. ii. 183) has heard that Ibn Musaiyib, Sālim, and Sulaimān b. Yasār, in answer to a question, said that the pilgrim must not marry nor give in marriage.¹ This doctrine was projected back to Ibn 'Umar and, with spurious circumstantial details, to 'Umar (Muw. and Muw. Shaib., loc. cit.). The opposite doctrine was expressed in a tradition to the effect that the Prophet married Maimūna as a pilgrim (Muw. Shaib.). This tradition is related by Ibn 'Abbās who is the traditional authority of the Meccans.² This was countered, on the part of the Medinese, by a mursal tradition related by Sulaimān b. Yasār who was a freedman of Maimūna, to the effect that the Prophet married her in Medina, and therefore not as a pilgrim (Muw.),³ and a more outspoken tradition related by Yazīd b. Aṣamm, a nephew of Maimūna, to the same effect (Ikh. 238). We see that even the details of this important event in the life of the Prophet are not based on authentic historical recollection, but are fictitious and intended to support legal doctrines. There is, finally, in favour of the Medinese doctrine an alleged discussion between Abān b. 'Uthmān and 'Umar b. 'Ubaidallāh with circumstantial detail (Muw., Muw. Shaib. and Ikh.), where Abān invokes the ruling of the Prophet as related by his father 'Uthman and in one version⁴ calls his adversary who died, and presumably lived, in Damascus, 'a rude Iraqian'. We have here a Medinese refinement which can hardly be earlier than the second century.

Muw. iii. 106: Mālik—Dāwūd b. Ḥuṣain—Abū Sufyān the client of Ibn Abī Aḥmad—Abū Sa'īd Khudrī: the Prophet prohibited the muzābana, a kind of aleatory transaction. Ibid. 102: a tradition with the same isnād, only with Abū Huraira instead of Abū Sa'īd Khudrī: the Prophet allowed the sale of 'ārāyā, a transaction on