SYSTEMATIZING AND ISLAMICIZING 285

the earliest stage of doctrine and reflects the attitude of business- men familiar with working with other people's capital. The opinion of Abū Ḥanīfa and Abū Yūsuf, that the creditor must pay zakāt when he receives his credit back, is the result of a religious scruple and is expressed in a tradition from 'Alī to which Abū Ḥanīfa refers.¹ The Medinese (Muw. ii. 50) hold essentially the same doctrine but adduce different traditions, one from 'Uthmān and another from 'Umar b. 'Abdal'azīz who is alleged to have changed his opinion. Shāfi'ī, while maintaining this later decision in principle, makes a distinction which is already adumbrated in the 'Uthmān tradition,² and judiciously combines the systematic and the religious aspect.

Tr. I, 208-13, 237: Ibn Abī Lailā's decisions show the general tendency to extend the sphere of the ḥadd punishment for qadhf, a qualified kind of slander; this punishment, which was introduced by Koran xxiv. 4, is purely Islamic. It seems as if Ibn Abī Lailā's doctrine represented an early stage in which the private concern for one's reputation and the reputation of one's family caused the commandment of the Koran to be interpreted in the broadest possible way. The contrary and general Islamic tendency to restrict ḥadd punishments as much as possible prevailed among the Iraqians from Abū Ḥanīfa onwards.

Tr. IX, 14, and Ṭabarī, 76: Auzā'ī and the Medinese admitted the lax practice of soldiers taking back food from enemy country, without dividing it as part of the booty, and consuming it at home.³ Under the influence of the religious scruple about dishonest conversion of booty, however, it was stipulated that this food might not be sold and might be taken only in small quantities. But if the food was acquired lawfully in the first place, the restriction on its use was inconsistent, as Abū Thaur realized. The Iraqians⁴ drew the full consequences of the religious scruple, and prohibited the ancient practice altogether. Shāfi'ī, for the first time, introduced strict technical reasoning, as opposed to Abū Yūsuf's common-sense argument, superseding the material religious consideration by systematic