For this to happen...
For this to happen, he must rise to the final degree and become a marja` altaqlid, where other qualities besides just his scholarship, e.g., his piety and conformity to the shari`a, cause him to be respected above other mujtahids, and thus to become a source of certainty to his muqallids that in following him they will not deviate from the shari`a.
This is a question of certainty (qat`, yaqin): the evidence for the existence of a precept must be such as to leave no room for any kind of doubt in the mind of the person who models his behaviour according to it; in the case of proofs concerning sensory evidence, the very data themselves are only probablistic, so no proof employing them can arrive at demonstrable certainty.
Therefore, in such a proof, other probabalistic elements such as `aql are admissible, but these cannot be used to derive the precepts of the shari`a. Muhammad Baqir b. Muhammad alBihbihani (11168/17047 1208/17934). The Shaykh Murtada b. Muhammad Amin b. Shams alDin b. Ahmad b. Nur alDin b. Muhammad Sadiq alShushtari alDizfuli alAnsari (1214/1799 1281/1864), whose "Rasa'il", on usul alfiqh were published as "Fara'id alUsul''(Tehran, 1296).
His works in usul and fiqh now form the backbone of the presentday teaching of these subjects. One of the `atabat, the Shi`i sacred towns in Iraq, the site of the battle where the third Imam, alHusayn, and his followers were massacred on 10 Muharram 61/680. It is about 95 kms. S.S.W. of Baghdad. The Shaykh Yusuf b. Ahmad alBahrani (d. 1186/1772), author of ''alHada`iq alNadira Ahkam al`Itra alTahira" (ed. M.T. alIrwani, 20 vols., Najaf, 1377 ). a) Ja`far b. Khidr b.
Yahya alNajafi (1164/751 1227/1812), known as "Kashif alGhita `an Mubhamat alShari`a alGharra" (Tehran, 1271). b) The Sayyid Muhammad Mahdi b. Murtada b. Muhammad b. ` Abd alKarim alHasani alHusayni (11545/17412 1212/1797), known as the Sayyid Bahr al`Ulum. c) The Sayyid Muhammad Mahdi alShahrastani alHa'iri b. Abi'lQasim alMusawi (d. 1216/1801). Muhammad Baqir b. Muhammad Taqi b.
Maqsud `Ali alMajlisi alIsfahani (1037/1627 1111/1700), compiler of the encyclopaedic collection of Shi`i hadith, "Bihar alA nwar" (110 vols, Tehran, 1376 [vol. VIII, Tehran, 1304]) The Sayyid Ni`mat Allah b. `Abdillah b. Muhammad alMusawi alJaza'iri (d. 1112/1700), a pupil of the `Allama alMajlisi (see previous note). Muhammad b. Murtada b. Mahmud Muhsin alKashani (d. 1091/1680).