he narrated from the Prophet, peace and blessings be upon him, and which is recorded in both Sahih collections; the opening supplication of Ali ibn Abī Tālib, which Muslim narrated; Umar’s opening supplication, which he would recite aloud in the Prophet’s prayer niche, peace and blessings be upon him, to teach it to the people—this is agreed upon, and it is narrated in the Sunan as traced back to the Prophet, peace and blessings be upon him—and other opening supplications (1).

The same applies to the various formulas for seeking refuge, the various supplications offered at the end of prayer, and the various remembrances recited while bowing and prostrating, alongside the prescribed glorification.

The same applies to voluntary prayer: one may choose between standing and sitting, and, at night, between reciting aloud or quietly (2), as well as other such matters.

The same applies to the pilgrim’s choice between departing early (3) after two of the days at Minā and delaying departure until (4) the third day.

This variation is of two kinds. In the first, (5) a person may choose between the two forms without exercising judgment as to which is more beneficial. In the second, the choice depends on what the person considers beneficial.

The discretion granted to one who acts on behalf of another belongs to this latter category—for example, the guardian of an orphan, the administrator of an endowment, an agent, the managing partner in a profit-sharing venture, a business partner, and others of this kind who exercise such authority (6)