been many, the memories of his Companions were capacious, and possessed further, as we must recognize with regret, a constructive power that helped the early judges of Islam out of many close corners. But if tradition even—true or false—finally failed, then the judge fell back on the common law of al-Madina, that customary law already mentioned. When that, too, failed, the last recourse was had to the commonsense of the judge—roughly, what we would call equity. At the beginning, therefore, of Muslim law, it had the following sources—legislation, the usage of Muhammad, the usage of al-Madina, equity. Naturally, as time went on and the figure of the founder drew back and became more obscure and more venerated, equity fell gradually into disuse; a closer search was made for decisions of that founder which could in any way be pressed into service; a method of analogy, closely allied to legal fiction, was built up to assist in this, and the development of Muslim jurisprudence as a system and a science was fairly begun. Further, in later times, the decisions of the first four Khalifas and the agreement (ijma) of the immediate Companions of Muhammad came to assume an importance only second to that of Muhammad himself. Later still, as a result of this, the opinion grew up that a general agreement of the jurisconsults of any particular time was to be regarded as a legitimate source of law. But we must return to consider our subject more broadly and in another field.

The fact has already been brought out that the sphere of law is much wider in Islam than it has ever

been with us. By it all the minutest acts of a Muslim are guarded. Europe, also, passed through a stage similar to this in its sumptuary laws; and the tendency toward inquisitorial legislation still exists in America, but not even the most mediaevally minded American Western State has ventured to put upon its statute-book regulations as to the use of the toothpick and the wash-cloth. Thus, the Muslim conception of law is so wide as to reach essential difference. A Muslim is told by his code not only what is required under penalty, but also what is either recommended or disliked though without reward or penalty being involved. He may certainly consult his lawyer, to learn how near the wind he can sail without unpleasant consequences; but he may also consult him as his spiritual director with regard to the relative praiseworthiness or blameworthiness of classes of actions of which our law takes no cognizance. In consequence, actions are divided by Muslim canon lawyers (faqihs) into five classes. First, necessary (fard or wajib); a duty the omission of which is punished, the doing rewarded. Secondly, recommended (mandub or mustahabb); the doing is rewarded, but the omission is not punished. Thirdly, permitted (ja'iz or mubah); legally indifferent. Fourthly, disliked (makruh); disapproved by the law, but not under penalty. Fifthly, forbidden (haram) ; an action punishable by law. All this being so, it will be easily understood that the record of the manners and customs of the Prophet, of the little details of his life and conversation, came to assume a high importance. Much of that was too petty ever