based on what we decided then, and this is based on what we decide now. He judged on the issue of the grandfather with various rulings, and did not overturn the first. This is because it leads to overturning a judgment with its equivalent, and this leads to the judgment not being established at all; because the second judge contradicts the one before him, and the third contradicts the second, so no judgment would ever stand. If it is said: It has been narrated that Shurayh judged regarding two paternal cousins, one of whom was a maternal half-brother, that the wealth belongs to the brother. This was referred to 'Ali, may Allah be pleased with him, who said: "Bring me the slave." He was brought to him. He said: "In which book of Allah did you find that?" He replied: "Allah the Almighty said: {And those of blood relationship are more entitled to one another in the Book of Allah}." 'Ali said to him: "But Allah the Almighty said: {And if a man or woman is inherited as a kalalah, and he has a brother or a sister, then for each of them is a sixth}." And he overturned his judgment. We say: It has not been established for us that 'Ali overturned his judgment, and even if it were established, it is possible that 'Ali, may Allah be pleased with him, believed that he had contradicted the explicit text of the Book in the verse he cited, so he overturned his judgment for that reason.

Section: If his ijtihad changes before judgment, he must judge according to what his ijtihad has changed to, and it is not permissible for him to judge based on his first ijtihad; because if he were to judge, he would be judging by what he believes to be incorrect. This is just as we said regarding one whose ijtihad changes regarding the qiblah after he has prayed; he does not repeat it, but if it is before he has prayed, he prays toward the direction to which his ijtihad has changed. Similarly, if it becomes apparent that witnesses are corrupt before the judgment, he does not judge based on their testimony, but if it becomes apparent after the judgment, he does not overturn it.