If the most learned jurist gives a judgment about some...
If the most learned jurist gives a judgment about some matter his follower cannot act in that matter on the judgment of another jurist.
However if he does not give a judgment and says that according to precaution ( ihtiyat ) a man should act in such and such a manner, for example if he says that as a precautionary measure in the first and second Rak’at (unit) of the prayers he should read a complete Chapter ( Surah ) after the Chapter of ‘ Hamd’ , the follower may either act on this precaution which is called obligatory precaution (ihtiyat wajib ) or he may act on the judgment of another jurist whom it is permissible to follow.
Hence if he (the second jurist) considers only Surah Hamd to be enough, he (the person offering the prayers) may drop the second Surah. The position will also be the same if the most learned jurist says that the matter needs deliberation ( ta’ammul ) or is objectionable ( ishkal ). 8.
If the most learned jurist observes precaution after or before giving a judgment about a matter – for example if he says that if an impure vessel is washed once with Kurr water (about 388 litres) it becomes pure, although as a precautionary measure it should be washed thrice, his follower can abandon acting according to the precaution. This precaution is called recommended precaution ( ihtiyat mustahab ). 9.
If a jurist, who is followed by a person, dies and the follower has committed his judgments to memory, he can act on them as he acted during his lifetime. However, if he had not committed his judgments to memory or has forgotten them, he must refer to a jurist who is alive. 10.
If a person commits to memory the judgments of a jurist about some problems and after the death of that jurist he follows a living jurist in that matter according to his duty he cannot act again upon the judgments of the jurist who has passed away. 11. It is obligatory for a follower to learn the judgments about the problems which are usually faced by him. 12.
If a person faces a problem about which the orders are not known to him, it is necessary for him to observe precaution or to follow a jurist according to the conditions mentioned above.
However, if he is aware of the difference of opinions between the most learned jurist and the jurist, and it is not possible to postpone the matter or to act according to precaution, and it is also not possible to approach the most learned jurist, it is permissible to follow a jurist who is not the most learned jurist. 13.