It is not permissible for a mufti to seek out dispensations for people; rather, he must issue rulings based on the evidence.
Machine translationRead the Arabic original
Question:
The Honorable Shaykh, may Allah grant you success, says: The author of the commentary on *Kashf al-Mukhaddirat* states: “It is recommended to inform the questioner of the opinion of another school if he is eligible for a dispensation, such as one seeking to escape from riba (usury or interest). In that case, refer him to one who holds that it is permissible to dissolve the contract to free himself from it, or to seek khul’ (divorce at the wife's request for compensation) after a suspended divorce has been pronounced. What is the meaning of his statement?”
Answer:
I have not read this, but the one who issues a ruling must follow the evidence. He is not bound by other opinions. He should issue a ruling based on what he believes to be the correct evidence, and he is not bound by other opinions. He should not say, “Go to so-and-so, perhaps he will give you an answer that clarifies the matter for you or permits you to divorce your wife, or something similar.” He must issue a ruling because the person who asks him has placed the responsibility on his shoulders; it becomes his responsibility. Therefore, he should issue a ruling based on what he is certain of, or what he strongly believes to be the truth. He is not concerned with those who disagree. If the questioner wishes to go to someone who lies, that is fine.
The Honorable Shaykh, may Allah grant you success, says: The author of the commentary on *Kashf al-Mukhaddirat* states: “It is recommended to inform the questioner of the opinion of another school if he is eligible for a dispensation, such as one seeking to escape from riba (usury or interest). In that case, refer him to one who holds that it is permissible to dissolve the contract to free himself from it, or to seek khul’ (divorce at the wife's request for compensation) after a suspended divorce has been pronounced. What is the meaning of his statement?”
Answer:
I have not read this, but the one who issues a ruling must follow the evidence. He is not bound by other opinions. He should issue a ruling based on what he believes to be the correct evidence, and he is not bound by other opinions. He should not say, “Go to so-and-so, perhaps he will give you an answer that clarifies the matter for you or permits you to divorce your wife, or something similar.” He must issue a ruling because the person who asks him has placed the responsibility on his shoulders; it becomes his responsibility. Therefore, he should issue a ruling based on what he is certain of, or what he strongly believes to be the truth. He is not concerned with those who disagree. If the questioner wishes to go to someone who lies, that is fine.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1935 -2802] لا يجوز للمفتي تلمس الرخص للناس وإنما يفتيهم بمقتضى الدليل - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
