If a student of knowledge holds that one opinion is stronger in a legal issue, should he issue a fatwa based on his own view, or on the fatwa of another scholar?
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Question:
I ask Allah to do you good, Your Eminence, father. The questioner says: If a student of knowledge holds that one opinion is stronger in a legal issue, and there are scholars who have issued a fatwa to the contrary, and the fatwa is against his view, then if he is asked about this issue, does he answer with the scholars' opinion or with his own? And is the conscience cleared by mentioning the fatwa of another, when he holds the opposite view in matters of independent legal reasoning?
Answer:
If he is one of those qualified to determine the stronger opinion, who knows the evidence and knows how to compare the opinions, and has the competence for this, then he issues a fatwa based on what he holds to be stronger. He is not bound by what people say, for his conscience is not cleared except by this. He issues a fatwa based on what he holds to be stronger with evidence. It is not a problem for him that so-and-so issued a fatwa this way or that way. The questioner may accept it or not. How can you issue a fatwa that clears your conscience? And it clears the questioner's conscience. If he accepts it, praise be to Allah. If he does not accept it, the responsibility is on him. Yes.
I ask Allah to do you good, Your Eminence, father. The questioner says: If a student of knowledge holds that one opinion is stronger in a legal issue, and there are scholars who have issued a fatwa to the contrary, and the fatwa is against his view, then if he is asked about this issue, does he answer with the scholars' opinion or with his own? And is the conscience cleared by mentioning the fatwa of another, when he holds the opposite view in matters of independent legal reasoning?
Answer:
If he is one of those qualified to determine the stronger opinion, who knows the evidence and knows how to compare the opinions, and has the competence for this, then he issues a fatwa based on what he holds to be stronger. He is not bound by what people say, for his conscience is not cleared except by this. He issues a fatwa based on what he holds to be stronger with evidence. It is not a problem for him that so-and-so issued a fatwa this way or that way. The questioner may accept it or not. How can you issue a fatwa that clears your conscience? And it clears the questioner's conscience. If he accepts it, praise be to Allah. If he does not accept it, the responsibility is on him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2680- 4717] إذا رجح طالب العلم مسألة من المسائل فهل يفتي بما ترجح لديه أم بفتوى غيره من العلماء؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
