How does a Muslim act when two scholars disagree on the ruling of an issue?
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Question : May Allah reward you. The questioner says: If the statements of two scholars conflict on a single issue, which one do we follow? Do we follow the easier one or the more cautious one?
Answer : This is an issue that occurs frequently. When the fatwa of two scholars conflicts, the scholars referred to are those trusted in their knowledge and religion. Not everyone who issues a fatwa is correct, for a young student of knowledge who knows only a little of the science may be found offering to issue fatwas and ruling without knowledge, or rather with only what little knowledge he has grasped. In reality, his statement does not conflict with the statements of scholars trusted in their knowledge and trustworthiness. His statement is disregarded unless he brings evidence from the Book and the Sunnah and presents this evidence from the Book and the Sunnah to the scholars and they approve it. The truth is more deserving of being followed, for we hear fatwas from boys in knowledge, meaning young ones, who issue rulings on hadiths that are either anomalous, contradicting the authentic hadiths, or hadiths that no scholar has adopted. The deviation of the scholars of the Muslims from them and from acting upon them indicates that they are not authentic, or for other reasons. But the discussion now is about what happens when the fatwa of two scholars trusted in their knowledge and religion conflicts. Which one do we take? Listen, some scholars said that a person is given a choice; if he wishes, he takes the statement of this one, and if he wishes, he takes the statement of that one. It is known that if we say he is given a choice, I think it is not possible for two fatwas from two scholars to be equal in every respect. There must be an inclination in the person's heart toward the fatwa of one of them; this is the norm. And some scholars said, take the easier of the two.
Take the easier of the two, because it is more in accordance with the Shari'ah, for this Islamic Shari'ah is built upon what? Upon ease. And as long as the matter has not become clear, it is better to take the easier one. And some scholars said, rather, take the stricter one, because it is more cautious. But the closest opinion to me is that he takes the easier one, as long as the ruling has not become clear from the Book and the Sunnah, let him take the easier one. This is after what is equal in his view?
After the two muftis are equal in his view. But if one of them is more prominent in his view, and he says, "This one who issued the fatwa is more knowledgeable and more pious," then let him take his fatwa. The analogy is a sick man who went to two doctors and they differed in prescribing the medicine. Which one's statement does he take? Of course, he will take the one who is more prominent in his view as being more correct.
Answer : This is an issue that occurs frequently. When the fatwa of two scholars conflicts, the scholars referred to are those trusted in their knowledge and religion. Not everyone who issues a fatwa is correct, for a young student of knowledge who knows only a little of the science may be found offering to issue fatwas and ruling without knowledge, or rather with only what little knowledge he has grasped. In reality, his statement does not conflict with the statements of scholars trusted in their knowledge and trustworthiness. His statement is disregarded unless he brings evidence from the Book and the Sunnah and presents this evidence from the Book and the Sunnah to the scholars and they approve it. The truth is more deserving of being followed, for we hear fatwas from boys in knowledge, meaning young ones, who issue rulings on hadiths that are either anomalous, contradicting the authentic hadiths, or hadiths that no scholar has adopted. The deviation of the scholars of the Muslims from them and from acting upon them indicates that they are not authentic, or for other reasons. But the discussion now is about what happens when the fatwa of two scholars trusted in their knowledge and religion conflicts. Which one do we take? Listen, some scholars said that a person is given a choice; if he wishes, he takes the statement of this one, and if he wishes, he takes the statement of that one. It is known that if we say he is given a choice, I think it is not possible for two fatwas from two scholars to be equal in every respect. There must be an inclination in the person's heart toward the fatwa of one of them; this is the norm. And some scholars said, take the easier of the two.
Take the easier of the two, because it is more in accordance with the Shari'ah, for this Islamic Shari'ah is built upon what? Upon ease. And as long as the matter has not become clear, it is better to take the easier one. And some scholars said, rather, take the stricter one, because it is more cautious. But the closest opinion to me is that he takes the easier one, as long as the ruling has not become clear from the Book and the Sunnah, let him take the easier one. This is after what is equal in his view?
After the two muftis are equal in his view. But if one of them is more prominent in his view, and he says, "This one who issued the fatwa is more knowledgeable and more pious," then let him take his fatwa. The analogy is a sick man who went to two doctors and they differed in prescribing the medicine. Which one's statement does he take? Of course, he will take the one who is more prominent in his view as being more correct.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[18 من 46] كيف يعمل المسلم إذا اختلف عالمان في حكم مسألة؟!! الشيخ ابن عثيمين - مشروع كبارالعلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
