He said: There is also a well-known letter to al-Layth on the ijmāʿ (consensus) of the people of Madinah. (1)

As for the legal questions, fatwas, and insights that his leading disciples transmitted from him, they are exceedingly numerous. Among the choicest of these treasures are the Mudawwana, the Wāḍiḥa, and other works.

A Mālikī scholar observed, “Ijtihād (independent reasoning) has become rare—indeed impossible—today; therefore, Mālik is the most worthy person to follow,” and he deemed adherence to him preferable.

Another shaykh said, “For the one who commits himself to the taqlīd (emulation) of an imām, that imām is like the Prophet to his community; it is impermissible to depart from his rulings.”

I reply: His assertion that “it is impermissible to differ from him” is merely a claim—an opinion offered without knowledge. A person may in fact leave the view of his own imām for that of another whose proof in a given matter is stronger; indeed, he is obliged to follow the evidence once it becomes clear to him. He must not behave like someone bound to a particular school who, whenever he finds something that pleases his desires in any other school, seizes upon it.

Whoever pursues the dispensations of the schools and the slips of the mujtahids has weakened his religion. As al-Awzāʿī—or someone else—said: “Whoever takes the view of the Meccans on temporary marriage, the Kufans on nabīd (fermented drink), the Medinans on music, and the Syrians on the infallibility of the caliphs has combined every evil.”

The same applies to anyone who, in usurious transactions, follows those who devise stratagems to permit them, or who, in matters of divorce and tahlīl marriage, relies on those who are overly lenient, and the like; such a person has exposed himself to dissolution. We ask Allah for well-being and success.

As for the student, his proper course is first to study a primer in fiqh; once he has memorised it, he should examine it closely and consult the commentaries. If he is intelligent, innately discerning, and has reviewed the proofs of the imāms, then let him be mindful of Allah and safeguard his religion, for the best element of religion is scrupulousness. And whoever avoids doubtful matters,