مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٣ - FOLLOWING A MUJTAHID
learned jurist: (i) When a person, personally believes that such and
such person is a jurist or themost 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 twopersons, who
are learned and just and possess the capacity to identify a jurist or
the most learned jurist, should certify to a persons being a jurist or
the most learnedjurist, provided that two other learned and just persons
do not contradict them. And apparently the fact of a persons being a
jurist or the most learned jurist is alsoproved 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
shouldcertify to a persons being jurist or the most learned jurist and
when one is satisfied by their statement.
٤. 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 precautionarymeasures 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
possibilityof 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.
٥. There are four ways of obtaining the
judgement of a jurist: (i) When a man hears the judgement direct from
the jurist himself. (ii) When the judgement of thejurist is quoted by
two just persons. (iii) When a man hears the judgement of a jurist from a
person whose statement satisfies him. (iv) By reading the judgement of a
juristin a book written by him on various problems (Masail) provided
the reader is satisfied about the authenticity of the book. ٦. So long as a person is not satisfied that the judgement of the jurist has been changed he can act according to what is written