one of them, the starter is determined by drawing lots; the same applies if the stake is supplied by the ruler or by an outsider.

Al-Shāfiʿī has another opinion: the one who puts up the stake designates the starter. According to that view, if he appoints a person for all the volleys, the appointment stands; but if he appoints him without qualification, is the appointment confined to the first volley or does it cover them all? Both possibilities have been transmitted. (1)

Section

Al-Shāfiʿī’s followers report that he hesitated over whether this contract should be governed by analogical reasoning (qiyās) or by the customary practice of archers. Imām al-Ḥaramayn al-Juwaynī and others found this puzzling, asking: “How can a legitimate proof be set aside in favor of a non-legal custom?” They then differed in resolving the problem.

Al-Ṣaydalānī (2) said: “His hesitation should be interpreted as referring to the practice of those archers who are themselves mujtahid scholars.”

Abū Muḥammad al-Juwaynī said: “By custom he meant the mutual understanding that arises from their wording.” He rejected al-Ṣaydalānī’s statement on the grounds that if their practice conforms to analogy, then the decisive proof lies in