Ash-Shafi'i is without question one of the greatest figures in the history of law. Perhaps he had not the originality and keenness of Abu Hanifa; but he had a balance of mind and temper, a clear vision and full grasp of means and ends that enabled him to say what proved to be the last word in the matter. After him came attempts to tear down; but they failed. The fabric of the Muslim canon law stood firm. There is a tradition from the Prophet that he promised that with the end of every century would come a restorer of the faith of his people. At the end of the first century was the pious Khalifa, Umar ibn Abd al-Aziz, who by some accident strayed in among the Umayyads. At the end of the second came ash-Shafi'i. His work was to mediate and systematize and bore especially on the sources from which rules of law might be drawn. His position on the positive side may be stated as one of great reverence for tradition. "If you ever find a tradition from the Prophet saying one thing," he is reported to have said, "and a decision from me saying another thing, follow the tradition." An absolutely authentic—according to Muslim rules of evidence—and clear tradition from the Prophet he regarded as of equally divine authority with a passage in the Qur'an. Both were inspired utterances, if slightly different in form; the Qur'an was verbally inspired; such traditions were inspired as to their content. And if such a tradition contradicted a Qur'anic passage and came after it in time, then the written law of the Qur'an was abrogated by the oral law of the tradition. But this involved grave difficulties. The speculative jurists

had defended their position from the beginning by pointing to the many contradictory traditions which were afloat, and asking how the house of tradition could stand when so divided against itself. A means of reconciling traditions had to be found, and to this ash-Shafi'i gave himself. We need not go over his methods here; they were the same that have always been used in such emergencies. The worship of the letter led to the straining of the letter, and to explaining away of the letter.

But there lay a rock in his course more dangerous than any mere contradiction in differing traditions. Usages had grown up and taken fast hold which were in the teeth of all traditions. These usages were in the individual life, in the constitution of the state, and in the rules and decisions of the law courts. The pious theologian and lawyer might rage against them as he chose; they were there, firmly rooted, immovable. They were not arbitrary changes, but had come about in the process of time through the revolutions of circumstances and varying conditions. Ash-Shafi`i showed his greatness by recognizing the inevitable and providing a remedy. This lay in an extension of the principle of agreement and the erection of it into a formal source. Whatever the community of Islam has agreed upon at any time, is of God. We have met this principle before, but never couched in so absolute and catholic a form. The agreement of the immediate Companions of Muhammad had weight with his first Successors. The agreement of these first Companions and of the first generation after them, had determining weight in the early church.