this, or did it, is subject to this threat.”

We know of no disagreement within the Muslim community concerning this, apart from a view attributed to certain Muʿtazilites of Baghdad, such as al-Marīsī and his like: they claimed that a scholar who errs in exercising independent legal judgment is punished for his error.

This is because the application of the threatened punishment to someone who commits a forbidden act is conditional upon his knowing that it is forbidden, or being able to acquire that knowledge. Someone who grew up in the desert or recently embraced Islam, and committed a forbidden act without knowing that it was forbidden, incurs no sin and is not subjected to a prescribed punishment—even if he did not base his belief in its permissibility on any scriptural evidence. Someone whom the hadith prohibiting the act has not reached, and who relies on scriptural evidence for its permissibility, is therefore all the more deserving of being excused.

Indeed, such a scholar is rewarded and praised for his exercise of independent judgment. Allah, Glorified is He, says:

“And David and Solomon”—through to His words—“and knowledge.”

He thus singled out Solomon for understanding, while praising both for judgment and knowledge.

In the two Sahīh collections, ʿAmr ibn al-ʿĀs, may Allah be pleased with him, relates that the Prophet, may Allah bless him and grant him peace, said:

“When a judge exercises independent judgment and is correct, he receives two rewards; when he exercises independent judgment and errs, he receives one reward.”

It is thus clear that a scholar who exercises independent judgment receives a reward despite his error. He is rewarded for his effort, and his error is forgiven, because reaching the correct conclusion in every individual ruling is either impossible or exceedingly difficult. Allah, Exalted is He, says:

“He has placed no hardship upon you in religion.”

He, Exalted is He, also says:

“Allah intends ease for you and does not intend hardship for you.”

The two Sahīh collections also report: “The Prophet, may Allah bless him and grant him peace, said to his Companions in the year of the Battle of the Trench: ‘None of you is to pray the afternoon prayer except among Banū Qurayzah.’ Then the time arrived for the prayer