Bayhaqi 20365 — The ruler's ijtihad in matters open to ijtihad

Murrah narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) concerning the saying of Allah Almighty: "And Dawud and Sulayman, when they were judging concerning the field, when the people's sheep had grazed in it by night" [Surah al-Anbiya: 78], that it refers to grapevines. The grapes had grown and they (the sheep) ruined them, so Dawud (peace be upon him) gave the sheep to the owner of the vineyard. Sulayman (peace be upon him) said: O Prophet of Allah, the judgement is other than this. He said: What is it? He said: Hand the vineyard over to the owner of the sheep, and let him tend it until it is restored; and give the sheep to the owner of the vineyard, so that he may benefit from them. Afterwards the owner of the vineyard gets his vineyard back and the owner of the sheep takes back his sheep. Allah Almighty says: "So We made Sulayman understand it, and to each We gave judgement and knowledge" [Surah al-Anbiya: 79], meaning that We gave Sulayman understanding of the judgement. Allah Almighty prescribed the like of these judgements in such incidents when the Prophet (peace and blessings be upon him) judged concerning the she-camel of Sayyiduna al-Bara bin Azib (may Allah be pleased with him), when it entered a garden of the Ansar at night and ruined the garden. He (peace and blessings be upon him) said: "The garden owners are responsible for guarding by day, and the owners of animals must guard their animals by night."
Imam al-Shafi'i (may Allah have mercy on him) said: Al-Hasan bin Abi al-Hasan said: Were it not for this verse, I would have thought that the rulers had perished. But Allah Almighty praised this one (for his correctness) and praised that one for his effort.