among them from their predecessors, yielding certain knowledge through mass transmission. They must therefore take precedence over analogy and solitary reports, since these do not yield certain knowledge, but only a preponderance of probability, like the testimony of two witnesses.
Mālik invoked this reasoning against Abū Yūsuf when debating him in al-Rashīd’s presence to establish the validity of endowments and charitable trusts. He said: “These charitable trusts and endowments of the Messenger of Allah, peace and blessings be upon him, peace and blessings be upon him, are well known and familiar among us in Medina, transmitted by successive generations from their predecessors, generation after generation.” Abū Yūsuf then said: “Abū Hanīfa held that they were impermissible, whereas I hold that they are permissible.” He immediately abandoned Abū Hanīfa’s position and accepted their permissibility. A similar argument led him to accept the quantities assigned to the sāʿ and mudd measures by the people of Medina and abandon Abū Hanīfa’s position, having witnessed the mass transmission and mutually reinforcing reports that yielded certain knowledge on this matter.
Likewise, matters established through continuous practice in Medina on the basis of analogy and independent juristic reasoning also constitute authoritative proof, just like matters on which they reached consensus through transmission. According to Mālik, they take precedence over solitary reports and any analogy that conflicts with them, because continuous practice can only rest on authoritative instruction. As for their consensus on the ruling for a particular case through independent juristic reasoning, one view holds that it constitutes authoritative proof, taking precedence over the independent reasoning of others and over solitary reports. This is because they are more familiar with the various approaches to independent reasoning and more discerning in the methods of inference and deduction. Their advantage over others lies in their knowledge of the occasions of the Prophet’s addresses, peace and blessings be upon him, the meanings of his words, and the contexts of his statements, having learned these from the great multitude who witnessed his addresses and heard his words.
This applies to their second and third generations, to whom the praise in the Prophet’s saying, peace and blessings be upon him, was directed: “The best generations are my generation, then those who follow them, then those who follow them.” Another view holds that their consensus does not constitute authoritative proof, because they are only part of the Muslim community, whereas protection from error belongs to the community as a whole, as the Prophet, peace and blessings be upon him, said: “My community will never agree upon misguidance.”
On the view that their consensus does not constitute authoritative proof, there are two opinions as to whether it nevertheless has an advantage by which it takes precedence over other independent juristic reasoning and outweighs it. According to the opinion that it has such an advantage, a solitary report is given precedence. On the view