In the period of the Imams’ presence...

In the period of the Imams’ presence, however, people tried as far as possible to refer to the original sources of the Imams. Similarly, even the jurisprudents, bearing in mind distances and other difficulties, used to place their own problems before the Imams whenever they could.

Second , in the formal, classified jurisprudence, we are limited to the period of the minor occultation, for none of the actual books in jurisprudence from that period has reached us, or, if any have, I have no information about it. All the same, amongst the Shias there were great jurisprudents during the days of the holy Imams, whose value can become apparent and determined by comparing them with the jurisprudents of their period from other sects.

The Sunni, ibn Nadin writes in his book Fihrist about Husein ibn Sa’id Ahwazi and his brother, both notable Shia jurisprudents. They were the best of those of their time in knowledge of jurisprudence, effects (i.e. writings and compilations) and talents,” and, about ‘Ali ibn Ibrahim Qumi he writes, “Amongst the ‘ulema and jurisprudents,” and, about Muhammad ibn Hasan ibn Ahmad ibn Walid, “And he has amongst books the book Jam’e fil-fiqh “.

Apparently, these books were compiled of traditions on the varying subjects of jurisprudence that the compilers considered to be reliable, and to which they acted in accordance, together with the comments of the compilers. The scholar Hilli, in the introduction to his book M’utabar , wrote, “Bearing in mind that our jurisprudents (God be pleased with them) are many and their compilations numerous and to narrate the names of them all is not possible.

I will content myself with those who are the most famous in merit, research, and good selection, and with the books of those paragons whose ijtihad is mentioned in other undoubtedly books as reliable. “Those I will mention include, from the ‘earlier’ period (i.e.

the period of access to the Imams), Hassan ibn Mahboub, Ahmad ibn Ali Nasr Bazanti, Husayn ibn Sa’id, Fadl ibn Shathan, Yunis ibn ‘Abd ur-Rahman and, from the later period, Muhammad ibn Babawayh Qumi (Shaykh Saduq), and Muhammad ibn Yaqub Kulayni and from the authors of verdicts (fatwas) Ali ibn Babawayh Qumi, ibn Jamid Iskafi, ibn Ali ‘Agil, Shaykh Mufid, Syed Morteza.’Alam ul Huda and Shaykh Tusi . . .

” Notice that although the first group is quoted as having their own views and good selection and ijtihad , they are not mentioned as being masters of verdicts.