154 THE CONFLICT OF DOCTRINES AS REFLECTED

Dates which falls under the definition of muzabana. Both traditions represent opposite doctrines and were only later harmonized artificially by Mālik and Shāfi'ī (Ikh. 322). One of the two had the isnād of the other grafted on it; this seems to have been the tradition against muzabana, because it occurs also as a mursal through Mālik—Zuhrī—Ibn Musaiyib from the Prophet (Muw. iii. 106).¹ This then is the oldest authority in the form of a tradition; it was countered by the tradition in favour of the sale of 'arāyā, and finally acquired the isnād of the latter.

The Medinese (Muw. iv. 48) hold that a person who has committed murder by guile, is to be executed by the authorities on grounds of public policy, and base themselves on a tradition from 'Umar. The Iraqians (Āthār Shaib. 87 and Tr. VIII, 17) counter this conclusion from the 'Umar tradition which they recognize and follow in another respect,² by a different tradition according to which 'Umar intended to execute a murderer who had been pardoned by one of the next-of-kin, but desisted on hearing Ibn Mas'ūd's reasoned objection.

Muw. Shaib. 87: Ibrāhīm Nakha'ī doubts the decisive character of a tradition from the Prophet, transmitted by 'Alqama b. Wā'il from his father, as being perhaps an isolated occurrence and unknown to Ibn Mas'ūd and his Companions.³ But two other persons of the name of 'Alqama, 'Alqama b. Qais, and 'Alqama b. Yazīd, belong to the Companions of Ibn Mas'ūd,⁴ and 'Alqama b. Yazīd appears in the isnād of a tradition from Ibn Mas'ūd in favour of the usual Iraqian doctrine in Mud. i. 68. 'Alqama b. Wā'il's tradition from the Prophet is a counter-tradition against the Iraqian doctrine, and was in its turn countered by the reference to Ibrāhīm Nakha'ī; nothing of this is authentic.

Muw. Shaib. 190: Ibn 'Umar protests against untrue statements regarding the actions of the Prophet and gives the alleged correct information. The wording shows this to be a counter-tradition. It was harmonized with the opposite doctrine in a tradition with the isnād Mālik—Nāfi'—Ibn 'Umar—'Umar (Muw. Shaib., loc. cit.).

The common ancient doctrine that prayer without recitation of the Koran is valid, is expressed in traditions from 'Ali (Tr. II, 3 (k)) and from 'Umar (Tr. III, 84; Mud. i. 65). Against this is directed the composite and polemically worded tradition from the Prophet in Āthār A.Y. 1, and the sweeping maxim 'no prayer [is valid] without recitation', which Shāfi'ī (Tr. III, 84) knows as a tradition