more of a jurist, the one more well-versed in recitation is given precedence. He (Ahmad) explicitly stated this based on the report. Ibn Aqil said: The more learned in jurisprudence is more worthy, because he is distinguished by that which is indispensable in prayer. This contradicts the generality of the report, so it is not relied upon. If two jurists gather, one of whom is more knowledgeable regarding the rulings of prayer, and the other is more knowledgeable in other matters, the one more knowledgeable in the rulings of prayer is more worthy, because his knowledge influences the perfection of the prayer, unlike the other.
250 - Issue: He said: (If they are equal, then the eldest among them).
He means the eldest in age; he is given precedence when they are equal in recitation and jurisprudence. The apparent view of Ahmad is that the one who preceded in migration (hijra) is given precedence, then the eldest; because he followed the hadith of Abu Mas'ud, which is ordered in this manner. Al-Khattabi (1) said: Upon this order are found most of the opinions of the scholars. The meaning of giving precedence to migration (2) is that one of them was earlier in migrating from the land of war to the land of Islam, because migration is an act of drawing near to Allah and an act of obedience, so the one who preceded in it is given precedence (3) due to his precedence in obedience. If they are equal in this, either because they migrated together, or because neither of them migrated (4), then the eldest among them is given precedence; due to the statement of the Prophet (peace and blessings of Allah be upon him) to Malik ibn al-Huwayrith and his companion: "Let the eldest of you lead you in prayer." Muttafaq 'alayh (agreed upon) (5). Furthermore, age (6) is more deserving of reverence and precedence. Likewise, the Prophet (peace and blessings of Allah be upon him) said to 'Abd al-Rahman ibn Sahl when he spoke regarding his brother: "Let the eldest speak, let the eldest speak" (7). That is, let the elder speak.
(1) In Ma'alim al-Sunan 1/168. (2) In A and M: "precedence". (3) In A and M: "is given precedence". (4) In M: "neither of them". (5) Its documentation was previously provided in 2/72. (6) In M: "the foundations" [Note: This seems to be a scribal error in the manuscript for 'al-sinn']. (7) Narrated by Al-Bukhari, in: The Chapter on Making Peace and Reconciliation with the Polytheists..., from the Book of Jizya; and in: The Chapter on Honoring the Elder..., from the Book of Etiquette; and in: The Chapter on Qasama, from the Book of Blood Money. Sahih al-Bukhari 4/123, 8/41, 9/11. And Muslim, in: The Chapter on Qasama, from the Book of Qasama and Combatants. Sahih Muslim 3/1291, 1292. And Abu Dawud, in: The Chapter on Killing via Qasama, from the Book of Blood Money. Sunan Abi Dawud 2/484, 485. And Al-Tirmidhi, in: The Chapter on What Has Come Regarding Qasama, from the chapters on Blood Money. 'Aridat al-Ahwadhi = 6/192, 193. And Al-Nasa'i, in: The Chapter on Mentioning the Difference in the Wordings of the Transmitters of the Report of Sahl regarding him, from the Book of Qasama. Al-Mujtaba 8/7-12. And Imam Ahmad, in: Al-Musnad 4/2, 3.
