Ali Ibn Abi Talib - Volume 1 of 2

540 Financial and judiciary institutions at the time of 'Ali
2. If the Companion voiced an opinion, and the others agreed
with him, it is not subject to debate because there is
consensus in that case.
3. If he voiced an opinion and it became widespread, and no
one opposed it, then this is regarded as silent consensus.
4. They agreed that the opinion of a Companion is not
binding if another Companion disagreed with him.
5. They agreed that if the opinion of a Companion is based on
the Qur'an or Sunnah or consensus, then it is binding in
that case because of what he referred to.
6. They agreed that if the Companion recanted his view, it is
no longer binding.
The point of dispute is where the Companion voiced an
opinion concerning an issue that is subject to ijtihid, and we do not
know of anyone who disagreed or agreed, or whether it became
widespread or not, or whether he differed with someone else
concerning this matter or not.347
The scholars differed concerning that, and there are a number
of opinions:
1. The first opinion is that it is binding. This is the view of
Maik and of ash-Shifa'i in his old madh-hab; it is also the
view of *mad according to one report narrated from him.
It is the view of most of the scholars and jurists among the
Hanafis; Ibn 'Aqeel among the Hanbalis; al-'~lZ'i~~~ and
al-Khateeb al-Baghdadi among the Shifa'is. It was the
view favoured by Ibn al-Qayyim in I'lcim al-
Muwaqqi'een, ash-ShZtibi in al-Muwcifaqcit, and Ibn
~a~rni~ah.~~~
2. The second opinion is that it is not binding. This is the
view of ashSh2faSi, according to one of his two opinions,