everything we believe the Prophet, may Allah bless him and grant him peace, said would be attributed to every scholar, since he accepts the Prophet’s message. Yet since we do not attribute to a scholar what he denies the Messenger said—even if it necessarily follows from his position—the distinction becomes clear between an implication he has not denied and one he has denied. A scholar’s explicit statement of a ruling does not necessarily mean that he denies an implication of his position, for the two statements may result from separate exercises of scholarly judgment at different times.

The distinction between scholars and followers of desires—despite inconsistencies in the statements of both—is that the scholar has fulfilled what he was commanded to do in sincerity of intent and diligent inquiry. On the basis of the evidence available to him, he is commanded to believe what that evidence supports, even if it does not correspond to reality; his belief, however, is not one of certainty. Likewise, a judge is commanded to accept the testimony of two upright witnesses, even if, in reality, they have erred or lied. Similarly, a mufti is commanded to accept the report of an upright, accurate informant, or to follow what is apparent. He therefore believes what this indicates, even if that belief does not correspond to reality. Thus, the belief required is what appears most probable on the basis of what people are commanded to follow, even though it may not correspond to reality. Yet they are never, in actual truth, commanded to hold a belief that does not correspond to reality.

If a scholar holds two contradictory beliefs concerning one or two issues, while intending to reach the truth and following what he has been commanded to follow of the Book and wisdom, he is excused for what he did not know. This is the error for which we are not held accountable. The followers of desires, however, are different, for:

“They follow nothing but conjecture and what their souls desire.”

They assert with certainty what they say on the basis of conjecture and desire