322 SHĀFI'Ī'S REASONING

Tr. III, 65: Shāfiʿī fails to understand the Medinese method of arguing; both parties talk at cross-purposes.

Tr. III, 98: Shāfiʿī gives strict systematic reasoning but does not meet the point of Mālik's argument; he seems wilfully ignorant of Mālik's reasoning as implied by Muw. iii. 37, which is sound and consistent as far as it goes.

Tr. III, 111: Shāfiʿī uses a specious argument which would apply equally to his own doctrine; he seems unwilling to understand the idea of 'recommended' (cf. Mud. ii. 159) which, though not expressed in a fixed terminology, was not unknown in his time.¹

Tr. III, 148 (p. 248): See above, p. 314.

Tr. III, 148 (p. 249): Shāfiʿī, without regard for the context, treats a number of examples given by Mālik (Muw. i. 49) as if it were an exhaustive list.

Tr. VIII, 1: Shāfiʿī draws irrelevancies into his otherwise sound argument against Shaibānī.

Tr. VIII, 4: Shāfiʿī succeeds in disposing of most of Shaibānī's systematic arguments,² but his own arguments against Shaibānī are mostly sophistical and unconvincing, and some are mutually exclusive; Shāfiʿī's opinion represents a technical regress from the common ancient doctrine.

Tr. VIII, 13: See below, p. 324.

Tr. IX, 2: Shāfiʿī exaggerates in drawing unjustified conclusions from Abū Yūsuf's doctrine.³

Tr. IX, 15: Shāfiʿī shows himself prejudiced against Abū Yūsuf, and does not succeed in defending Aʿwzāʿī which he declares to be his object; his own doctrine (Umm, iv. 184) agrees in the essentials and in many details with that of Abū Ḥanīfa and Abū Yūsuf; even Shāfiʿī does not arrive at complete consistency.

Tr. IX, 16: Shāfiʿī shows himself prejudiced against the Iraqian doctrine which agrees more naturally than his own with an historical tradition from the Prophet; he has to explain away the resulting difficulty in an artificial manner (Umm, iv. 184).

Ikh. 278 ff.: See below, p. 325.

Ikh. 329 f.: Shāfiʿī uses two mutually exclusive arguments as part of the same reasoning against the same Iraqian opponent.

Ikh. 337: Shāfiʿī tries to minimize the correct statement of his Iraqian opponent that a tradition is not followed by the scholars in Iraq and Ḥijāz, by asking: 'What of the other muftīs in the several countries whose opinions you do not know:⁴ may I presume, holding the best possible opinion of them, that they agree with the tradition