Imam Ash Shafii s great judgement

“Al-Shāfi’ī was sitting at Mālik’s feet one day when a man came in and said: “I sell turtle-doves, and one of my customers returned one of them to me today saying that it does not coo, so I swore to him on pain of divorce that my turtle-dove coos all the time!” Mālik said: “You have divorced your wife and are not to approach her.” Al-Shāfi’ī was fourteen at the time. He said to the man: “Which happens more, your turtle-dove’s cooing or its silence?” The said: “Its cooing”. Al-Shāfi’ī said: “Your marriage is valid and there is no penalty for you [due to your oath].” Whereupon Mālik frowned at him saying: “Boy, how do you know this?” Al-Shāfi’ī replied: “Because you narrated to me from al-Zuhrī, from Abu Salama ibn ‘Abdur-Rahmān from Umm Salama that Fātima bint Qays said: ‘Rasūlullah! Abu Jahm and Mu’āwiya have both proposed to me.’ The Prophet (sa) replied: ‘Mu’awiya is penniless and as for Abū Jahm he does not put down his staff from his shoulder.’¹¹ That is, most of the time ‘Arabs assert the more frequent of two actions [exclusively of the other] because of its constancy. Since this man’s turtledove coos more than it is silent, I can declare it constant in its cooing. Mālik was pleased at his reasoning.”¹²