Aslam

First stage: It is better to give up a matter which has got a weak proof in favour of a matter which has got a strong proof.
The Prophet is reported to have said : A believer sacrifices in the name of God, whether he utters 'Bismillah' of not. This is contradictory to a clear verse of the Quran and some traditions in w4tiek rt~4s sakMha^ to utter the name of God at the time of sacrifices is compulsory. So the former tradition shall have to be given up.

Second stage: It is near baseless conjecture. For instance, to give up eating the young one of an animal found in its womb after lawful sacrifice. There is in authentic Hadis that the sacrifice of mother should be considered as also the sacrifice of its young one in its womb. So the former conjecture is to be given up.

Third stage: A thing is authenticated as legal by only one tradition. It is better not to come to a decision relying on only a ' single Hadis on a particular subject if there are differences of opinion . It is not unlikely that the narrator might have committed mistake in narrating it or he might have committed mistake in hearing it. But there is no reason to oppose the tradition without a cause. There is no mention of a grandson becoming an heir to his grand father in the Quran, but the companions are unanimous in holding that a grandson becomes an heir to his grandfather in absence of his father. When difficulty arises in these matters, one should take decision according to his conscience as it does not dictate without truth.
The Prophet instructed us to take decision according to our conscience in case of doubtful things.

(2) Second kind: If the is greater proof towards illegality, it should be considered as unlawful ; and if there is greater proof towards legality, it should be considered as lawful.

74 The Book of Wordly Usages Vol-II

(3) Third kind: Proof is equal towards legality and illegality and doubt is also equal in both the cases. For instance, a man is to distribute some money among the poor. There are poor persons who have got something but they are not rich. So doubt arises whether such persons are really poor fit for acceptance of the money. This is a very subtle question. In this case if one possesses only necessary things, he can accept the charity but if he possesses more than what is necessary for him, it is prohibited.
There is also no limit to necessity. For this reason, the Prophet said : Give up what raises doubt in your mind and take to what is free from doubt. For this reason, it is written in the Zabur that God revealed to David : Tell the children of Israil : I do not look to your prayers and fasts. I look to the person who gives up a thing when doubt arises in his mind for My sake. I help him with My help- a ncTtake gTdryTof him beforeMyanglesT

SECTION 3

ARGUMENTS AND QUESTIONS