of doing so, but it ultimately becomes clear (1) to him that he was not capable. This is an exercise of independent judgment for which the person concerned is rewarded for his good intention and for doing what he was commanded to do. Even though he erred, he receives one reward; it is not the kind of independent judgment for which he receives two rewards, for that occurs only when his judgment accords with Allah’s ruling in reality.

As the Prophet—may Allah bless him and grant him peace—said:

“When a judge exercises independent judgment and errs, he receives one reward; and when he exercises independent judgment and is correct, he receives two rewards.” (2)

Another matter involving independent judgment is when the ruler—or his deputy—is given a choice between two or more courses of action (3). This choice requires him to seek the course most conducive to the common good, rather than to follow personal desire. Thus, according to most scholars, the ruler may choose among executing captives, enslaving them (4), releasing them graciously, and accepting ransom for them.

For Allah Most High’s words,

“Then afterward, either release them graciously or for ransom,”

have not been abrogated. The same applies to the discretion granted to one whose judgment the enemy agrees to accept. Thus, Banū Qurayza agreed to accept the judgment of the Prophet—may Allah bless him and grant him peace—and their allies from al-Aws asked him to release them graciously, just as he had released Banū al-Nadīr, the allies of al-Khazraj. Thereupon, the Prophet—