Thus, he enforced the judgment on the basis of the oath and did not rule on the basis of evidence (1).
If, however, it is said that he was inspired with the ruling of the Sacred Law, such a claim must be supported by legal evidence; judgment may not be rendered solely on the basis of inspiration. The person whom the revealed text establishes as having been inspired was Umar ibn al-Khattāb. It is related in the Sahīh that the Prophet (may Allah bless him and grant him peace) said:
“There were inspired people among the nations before you, and if there is one in my community, it is Umar.”
Despite this, Umar was not permitted to issue a fatwa, render judgment, or act solely upon what was cast into his heart until he tested it against the Quran and the Sunnah. If it agreed with them, he accepted it; if it contradicted them, he rejected it (2).
As for the judgment he mentioned in the case of the cow that killed a donkey (3), this
(1) B reads: “on the basis of resemblance.”
(2) This hadith was cited shortly above.
(3) Before this incident, Ibn Taymiyya omitted another incident mentioned by Ibn al-Mutahhar in (K), p. 181 (M). His text reads: “A girl mounted another girl, whereupon a third girl prodded the latter. The rider fell and died. He—peace be upon him—ruled that two-thirds of her blood money should be borne by the girl who prodded and the girl who bucked, and the Prophet—may Allah bless him and his family—confirmed his ruling.”
The account of the cow appears on the same page and reads: “A cow killed a donkey, so their owners brought the dispute before Abū Bakr. He said, ‘One animal killed another; its owner bears no liability.’ They then went to Umar, who ruled likewise. They subsequently went to Ali—peace be upon him—who said, ‘If the cow came upon the donkey while it was sleeping, the cow’s owner must pay the donkey’s value to its owner. But if the donkey came upon the cow while she was sleeping and she killed it, her owner bears no liability.’ The Prophet—may Allah bless him and his family—then said, ‘Ali ibn Abī Tālib—peace be upon him—has judged between you according to the judgment of Allah—Mighty and Majestic.’”