he is mistaken but excused, and is rewarded for his independent judgment and for acting upon what appeared to him to be the stronger evidence. His error is forgiven. The ruling that holds in reality is binding, but only if one is able to ascertain it; whoever is unable to ascertain it is not held accountable for failing to follow it.
If “error” means sin, then the jurist exercising independent judgment does not err. Rather, every such jurist is correct, obedient to Allah, and doing what Allah has commanded him to do. If it means failing to know the truth as it actually is, then only one is correct, and he receives two rewards. This is like those who independently determine the direction of the Kaaba and then pray in four different directions: the one who correctly faces the Kaaba—only one does so, and he receives two rewards for his independent judgment and his action—attains greater excellence than the others. The strong believer is more beloved to Allah than the weak believer. Whoever Allah grants greater knowledge and deeds, He grants greater reward in proportion to that increase in knowledge and deeds. The Most High says:
“That was Our argument which We gave Abraham against his people. We raise in degrees whom We will.”
Mālik reported from Zayd ibn Aslam that this means: “Through knowledge.” Likewise, He says in the account of Joseph:
“He could not have taken his brother under the king’s law unless Allah had willed it. We raise in degrees whom We will, and above everyone endowed with knowledge is one more knowing.”
It has thus become clear that all jurists exercising independent judgment spoke on the basis of knowledge and followed knowledge, that “jurisprudence” is among the noblest branches of knowledge, and that they are not among those who follow nothing but conjecture. Some of them, however, may possess knowledge that others lack, either because they heard something the others did not hear, or because they understood something the others did not understand. As the Most High says:
“And remember David and Solomon, when they judged concerning the field into which the people’s sheep had strayed by night. We were witnesses to their judgment.”