THE IRAQIANS 241

The 'unsuccessful' 'Alī traditions in Tr. II show often a rigorous and meticulous tendency, obviously inspired by religious and ethical considerations. The element of caution inherent in this¹ leads to the seemingly opposite tendency of restricting ḥadd punishments.²

We find this kind of Iraqian tradition from 'Alī corresponding almost regularly to doctrines attested in Medina. The corresponding Medinese doctrines remained sometimes unsuccessful even there,³ but they mostly became the common opinion of Medina.⁴ It agrees with the comparatively later development of the Medinese school⁵ that a body of doctrines which remained unsuccessful in Iraq, where it could not overcome the already established tradition of a school of law, succeeded in gaining recognition in Medina to a considerable extent.⁶

Another group of traditions from 'Alī represent crude and primitive analogies, early unsuccessful efforts to systematize.⁷ Occasionally, this primitive reasoning takes the form of legal 'puzzles', some of which have Sha'bī as a common transmitter in their isnāds.⁸ We can conclude from this that the Kufian 'living tradition', against which the 'Alī traditions were directed, had become connected with the name of Ibn Mas'ūd, or at least his Companions, at a period earlier than this primitive reasoning. Contrary to the former group of 'Alī traditions, which anticipate the activity of the traditionists, these systematic traditions seem to reflect an early stage of Iraqian legal thought.

The Iraqians towards the end of the second century A.H. were able to say with regard to the unsuccessful 'Alī traditions: 'No one holds this opinion',⁹ and to reject them as falling outside the 'living tradition' of the school. At an earlier period, however, they did not disdain to discredit them by scurrilous and exaggerated opinions which they equally attributed to 'Alī.