returns, in reality, to customary practice. A given act, for example, may be considered contrary to propriety among one people but not among another; or it may be contrary to propriety in one era but not in another. Since we have referred propriety back to custom—namely, what people conventionally regard as good—the matter is accordingly determined by people’s customs.

For example, the scholars said that it is contrary to propriety for a person to sleep among those who are seated. If he sleeps among them, his propriety is forfeited, because this is contrary to what is customary. Likewise, if he departs from the level of those seated, his propriety is forfeited—for instance, if he moves ahead of or falls behind the row. If he chews gum in front of people, his propriety is forfeited; and if he eats in the marketplace, his propriety is forfeited. Since we have understood that the criterion for propriety is whatever people conventionally regard as good, then that is propriety; and whatever they conventionally regard as ugly is contrary to propriety.

Let us consider these examples: are they contrary to what people are accustomed to? A person may be on an outing with his companions and fall asleep, and it would not be said that this is contrary to propriety. But if he comes to a scholarly gathering and sleeps, that is contrary to propriety. Thus, the matter differs according to circumstance. They say: “Among loved ones, formality in manners falls away.” One may be with his brothers and companions and stretch out his legs; yet one may be in a dignified gathering where he would not stretch out his legs. Were he to do so, everyone would find fault with him. Thus, the matter differs.

It is related that Abu Hanifah, may Allah have mercy on him, was teaching when a man of imposing appearance arrived. The imam had been stretching out his leg among his companions, but when he saw him, he drew it back, thinking that the man was one of the foremost scholars. He then began discussing the fast of Ramadan,