Once this is clear, every jurist exercising independent judgment is correct—neither sinful nor mistaken—if “error” is understood to mean sin, in accordance with Ibn ‘Āmir’s reading. No error, in this sense, proceeds from a jurist exercising independent judgment. This is what those who say, “Every jurist exercising independent judgment is correct,” intended. They maintain that error and sin are inseparable: for them, the word “error” is equivalent to “sin,” in accordance with Ibn ‘Āmir’s reading. They acknowledge that some knowledge beyond his ability to attain remains hidden from him, but they do not call this an error, since it was not required of him. They may, however, call it an error in a relative sense: he has missed something which, had he known it, he would have been obliged to follow, and which would then have constituted Allah’s ruling applicable to him.
However, the Companions, the four Imams—may Allah be pleased with them—and the majority of the early generations apply the word “error” to what is unintentional, even when it involves no sin. The Quran and Sunnah explicitly use it this way in several places. Thus, the Prophet, may Allah bless him and grant him peace, said in an authentic hadith:
“When a judge exercises independent judgment and is correct, he receives two rewards; when he exercises independent judgment and errs, he receives one reward.”
More than one Companion, including Ibn Mas‘ūd, said:
“I shall give my own considered opinion on this matter. If it is correct, it is from Allah; if it is mistaken, it is from me and Satan. Allah and His Messenger are free of it.”
In the case of the woman whom ‘Umar summoned and who consequently miscarried, ‘Uthmān and ‘Abd al-Rahmān—may Allah be pleased with them both—told him, “You were acting to discipline her, and no liability rests upon you.” ‘Alī then said:
“If they exercised independent judgment, they erred; if they did not exercise independent judgment, they have given you dishonest counsel.”