The ruling on issuing a fatwa based on what is most likely, without recalling the evidence
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Question : This resembles the shaykh, may Allah bless you. If a person is asked about an issue and he has prior knowledge of it, but he does not recall the evidence, and he is not fully certain of the statement, yet it is most likely in his opinion that this is the stronger position, and if the evidence were presented to him, would he refrain from ruling on the basis that he does not have established knowledge?
Answer : If it is possible to delay, that is better. And if necessity presses for issuing the fatwa immediately, there is no harm in issuing a fatwa based on what he knew to be the stronger position, even if he did not recall the evidence at the time of the fatwa. Let us open the way, O Shaykh. That is sufficient, because matters of the Shari'ah may be certain or may be based on probability.
Answer : If it is possible to delay, that is better. And if necessity presses for issuing the fatwa immediately, there is no harm in issuing a fatwa based on what he knew to be the stronger position, even if he did not recall the evidence at the time of the fatwa. Let us open the way, O Shaykh. That is sufficient, because matters of the Shari'ah may be certain or may be based on probability.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 4033 - 4600 إذا سئل رجل عن مسألة ولم يكن ملماً بها مع الدليل لكنه يعلم القول الراجح...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
