The Ahadith that are mentioned in support of the authority of Qiyas from the holy Prophet do not support them but some of them are mentioned below for examination:

 (1) There is the Hadith from Ma’adh who has said that when the holy Prophet decided to send me as a judge to Yemen, the holy Prophet asked, "By what means will you judge if you did not find instructions in the book of God and the Sunnah of His messenger?" I said, "I will do my best to use my own opinion… " The holy Prophet then said, " Praise be to Allah who has helped the messenger of the messenger of Allah to do what is agreeable to the messenger of Allah".

 According to the supporters of Qiyas in this Hadith the holy Prophet has established the basis for Ijtihad in the use of ones’ opinion. In the Ijtihad of opinion it is necessary to reflect back to the origin, the ‘asl, otherwise, it would be an open ended opinion which is not valid, thus, it must be Qiyas.

 The answer is as follows:

1. Firstly, the Hadith from the narrating point of view is Mursal, not authentic which renders it without authority. This is because the narrator is Al-harith Ibn ‘amr Ibn Akhi Al-mughayrah Ibn Sha’bah who has narrated from ‘anas from people of Hams. Besides, Al-harith himself is unknown and no one knows who he is and this is the only Hadith from him.
2. This Hadith contradicts another Hadith, which speaks of the same event that says, " The holy Prophet said, "Never judge and never give preference unless you have the knowledge, if a case becomes difficult for you stop until you find out or write to me". (see also the works of Ibn Hazm invalidating Qiyas.

With the existence of the second Hadith the former Hadith should be considered as a forged one.

Besides this there is no way to apply the Excluded Middle law to limit the meaning of the former Hadith to mean Qiyas because doing one’s best may take any form or shape or the use of any of the valid sources of the Shari’s. such as the universal principles or universal connotations of some text of Shari’a

(2) Another Hadith is that which is from Al-khuth’amiyah who asked the holy Prophet about performing Hajj on behalf of her father who had missed this duty, as to whether it would benefit him or not and to which the holy Prophet replied, "What if your father owed some money to some one and you paid on his behalf would it be a pay off of his debt or not?" And she said, "yes, it would be a pay off and free him from debts". The holy Prophet then said, " Ones’ endebtness to Allah has greater priority to be paid off".

 According to the supporters of Qiyas the holy Prophet has carried the rule for the debts of human beings for the debts to Allah and that is what Qiyas exactly does.

 This is also not a valid argument because of the following points:

1. The fact is that the holy Prophet does not need to seek help from Qiyas. It is not a valid argument to suppose that he did not know the rule for Hajj and discovered it through the use of Qiyas. The holy Prophet who received instruction and revelation from God did not need the help of Qiyas
2. The holy Prophet simply applied the general rule to one of the applicable cases .The obligation of paying debts is of universal nature and one case is the duty of Hajj which has a greater priority over the debts to human beings. There is no doubt that the application of a general rule to particular cases is not new legislation and it is not a Qiyas in any sense.

3. One more Hadith is that about the sale of fresh dates for dried dates in which the holy Prophet asked, " Does drying up cause any reduction in the quantity?" The answer was yes. to which he said, "No, it is not permissible."

 This Hadith also does not support the argument of the supporters of Qiyas because it is just like that in (2), that is, applying a general rule to particular instances.

Further more, the above Ahadith, assuming them in favor Qiyas, they are contrary to the Ahadith that openly prohibit the use of Qiyas before the holy Quran and Sunnah.