رسالة د. كهلان الخروصي

… The second feature is the practice what was later to become known as ijtih~d when there is no textual evidence.⁽¹⁾ There are many examples of this ‘controversial’ feature in the work of >th~r al-Rab‚`، some of which may well involve the use of qiy~s (analogy). Somebody told J~bir that his father prevented him from performing ˆajj. J~bir asked him: how many prayers do you have to perform every day? The man said: five. J~bir said: So if your father asked you not to perform one of these five will you omit it? The man said: No. J~bir said to him: then you have to do ˆajj (Tradition [292]).⁽²⁾

… Thirdly the recognition of necessities and unusual circumstances like performing the prayer sitting instead of standing when performing it in a ship، for example، or not to prostrate if the earth is wet due to bad weather conditions.

… Finally there is flexibility of opinion when good intentions are recognized. A good example of this is tradition [268] regarding someone who had made a mistake in his talbiya of ˆajj and recited the talbiya of `umra instead; J~bir said that this is all right، since the man was intending ˆajj and not `umra، whereas Kufans say that it is according to his statement not to his intention. In other occasions we find this flexibility very apparent with J~bir’s fat~w~ (legal opinions) when there is a necessity as in traditions [298]، [310] and [313].