THE REASONING OF INDIVIDUAL IRAQIANS 303

introduces strong words and vituperative expressions into the discussion with his opponents.¹

In Tr. IX, 6, where Abū Yūsuf pours scorn on Auzā'ī, he is not well informed on the doctrine of his opponent, because Auzā'ī made a distinction which obviates Abū Yūsuf's objection, as appears from Ṭabarī, 57. Abū Yūsuf's attack against Auzā'ī in Tr. IX, 18, is equally pointless, because it appears from Ṭabarī, 97, that Auzā'ī's opinion² was essentially the same as that of Abū Ḥanifa and that of Abū Yūsuf in his earlier period as represented by Tr. IX; it is possible, of course, that Abū Yūsuf picked out the weak point in Auzā'ī's doctrine, but then his criticism, instead of being ill-informed, would be one-sided. Comparing Tr. IX, 13, with Ṭabarī, 87 f., one sees indeed that Abū Yūsuf formulated Abū Ḥanifa's opinions polemically against Auzā'ī by omitting an important distinction. In Tr. IX, 25, Abū Yūsuf tries artificially to establish a contradiction between Auzā'ī's doctrine and Auzā'ī's authority 'Umar b. 'Abdal'azīz.

We have discussed in the preceding section³ a number of cases in which Abū Yūsuf diverged from Abū Ḥanifa, where it could be said in the light of the general development of technical legal thought that Abū Ḥanifa's reasoning was unbalanced and imperfect. Abū Yūsuf, however, was by no means consistent, as can be seen, for instance, from his uncertain reactions to Abū Ḥanifa's rigid formalism;⁴ all we can say is that, generally speaking, he mitigated it. On the other hand, there are a certain number of cases in which Abū Yūsuf, again within the framework of the development of legal thought, can be regarded as having abandoned, by diverging from Abū Ḥanifa, the sounder or more highly developed doctrine.⁵

The differences between Abū Ḥanifa and Abū Yūsuf consist to a great extent in slight modifications and adjustments, improvements and finishing touches which Abū Yūsuf applies to the doctrine of his master, often in order to achieve a greater systematic consistency.

Tr. I, 70: Abū Yūsuf follows Abū Ḥanifa in theory, but in practice falls back on Ibn Abī Lailā's obvious and common-sense solution.