184 LEGAL MAXIMS IN TRADITIONS

same doctrine as applied to particular cases and not in the form of a general maxim. 'Amr b. Yaḥyā Māzinī is the relevant common link in the family isnād. There is a further tradition from the Prophet, on the authority of Abū Huraira, again regarding a particular case, with a strongly worded additional remark of Abū Huraira who blames his audience for their reluctance to accept it; this shows that it had to overcome resistance. The isnād runs Mālik—Zuhrī—A'raj—Abū Huraira, with uncertainties regarding Zuhrī and A'raj,¹ and the tradition seems to have been recent in the time of Mālik. Zurqānī's comment shows that the rule was taken literally, and therefore presumably put into circulation, by the traditionists; it gained general acceptance as a saying of the Prophet, but did not succeed in changing the doctrine of the ancient schools of law who interpreted it as a recommendation.²

The maxim 'restrict ḥadd punishments as much as possible' started as an anonymous saying, was then ascribed to the 'Companions and Successors' in general, then to a number of individual Companions, and finally to the Prophet. These successive stages are recognizable in the words of Abū Yūsuf.³ The maxim cannot be older than the end of the period of the Successors. As an anonymous slogan, the maxim is introduced with the words 'they used to say'; this is one of the formulas used of ancient opinions.⁴

On the maxim 'the two parties to a sale have the right of option as long as they have not separated', see above (pp. 160 f.). It is later than 'Atā', was put into circulation as a tradition from the Prophet by the traditionists, but did not succeed in changing the common doctrine of the Iraqians and Medinese.

A considerable number of legal maxims are Iraqian.⁵ The oldest Iraqian reasoning regarding the position of the slave in the law of inheritance is expressed in the maxim, ascribed to Ibn Mas'ūd (Tr. II, 16 (j)): 'the slave debars and does not cause to inherit [those who are related to the de cuius through a