as if he contradicted a consensus, or as if he judged based on the testimony of two disbelievers. What they stated is invalidated by what we have narrated from them. If it is said: Does he not, if he prays based on ijtihad toward a direction [qiblah], then it becomes clear to him that he erred, not repeat it? We say: The difference between the two is from three aspects: First, that turning toward the qiblah is waived during an excuse, in the state of intense fighting, fear of an enemy [or a flood], or a beast, or the like, even with knowledge; yet it is not permissible to abandon the truth for something else while having knowledge, in any circumstance. Second, that prayer is among the rights of Allah Almighty, so leniency is permitted in it. Third, that the qiblah is subject to recurring ambiguity, so making up [the prayer] causes hardship. [And] here, if it becomes clear to him that he erred, the ambiguity does not return after that. As for when his ijtihad changes without contradicting a text or consensus, or his ijtihad contradicts the ijtihad of those before him, he does not overturn it due to its contradiction; because the Companions, may Allah be pleased with them, reached a consensus on that. Abu Bakr ruled on issues by his ijtihad, and 'Umar contradicted him, yet he did not overturn his judgments. 'Ali contradicted 'Umar in his ijtihad, yet he did not overturn his judgments; and 'Ali contradicted both of them, yet he did not overturn their judgments. Abu Bakr treated people equally in the distribution of stipends ('ata') and gave [a portion] to the slaves, 'Umar contradicted him and preferred some people over others, and 'Ali contradicted both of them and treated people equally and deprived the slaves [of the stipend], yet not one of them overturned what the one before him did. The people of Najran came to 'Ali and said: "O Commander of the Faithful, your book is in your hand, and your intercession is on your tongue." He said: "Woe to you! 'Umar was sound in judgment, and I will not overturn a judgment that 'Umar passed." Recorded by Sa'id. It is narrated that 'Umar judged in the [issue of] the Musharrakah by excluding the siblings from both parents, then later he allowed them to share, saying: "That was based on what we decided then, and this is based on what we decide now."
(5) In the original, there is an addition: "fīhi" (in it). (6) In the original and [MS] A: "al-musabaqah" (competition). (7) Omitted from [MS] B and M. (8) A necessary completion. (9) In the original: "yantaqidhu" (overturns it). (10) See what preceded in: 9/30. (11) Recorded by al-Bayhaqi, in: The Chapter on He Who Exercises Ijtihad Among the Judges Then His Ijtihad Changes..., from the Book of the Etiquettes of the Judge. Al-Sunan al-Kubra 10/120. (12) In the original: "yushrik" (he makes them share).
