And if it is known that the judgments of the jurists differ...
And if it is known that the judgments of the jurists differ with regard to the problems which we face in everyday life, it is necessary that the jurist who is followed should be a’lam (the most learned jurist) who possesses better capacity to understand religious matters as compared with his contemporary jurists. 3. There are three ways of identifying a jurist or the most learned jurist: i) When a person personally believes that such and such person is a jurist or the most learned jurist.
For confirming this he should be a learned person himself and should possess the capacity to identify a jurist or the most learned jurist. ii) When two persons, who are learned and just and possess the capacity to identify a jurist or the most learned jurist, should certify to a person’s being a jurist or the most learned jurist, provided that two other learned and just persons do not contradict them.
And apparently the fact of a person’s being a jurist or the most learned jurist is also proved by the statement of only one person who is reliable. iii) When many learned persons who possess the capacity to identify a jurist or the most learned jurist should certify to a person’s being jurist or the most learned jurist and when one is satisfied by their statement. 4.
If it is not possible to identify the most learned jurist on account of some difference of opinions among the jurists, a person should take precautionary measures and if it is not possible to do so, he should follow that jurist whom he himself considers to be the most learned jurist. In fact even if there is a weak possibility of a person being the most learned jurist and one knows that as compared with him there is no other most learned jurist, one should follow that jurist. 5.
There are four ways of obtaining the judgment of a jurist: i) When a man hears the judgment direct from the jurist himself. ii) When the judgment of the jurist is quoted by two just persons. iii) When a man hears the judgment of a jurist from a person whose statement satisfies him. iv) By reading the judgment of a jurist in a book written by him on various problems ( masa’il ) provided the reader is satisfied about the authenticity of the book. 6.
So long as a person is not satisfied that the judgment of the jurist has been changed, he can act according to what is written in his book. And if there is a possibility that the judgment has been changed, investigation in the matter is not necessary. 7.