The Ruling on Issuing Fatwas Without Qualification and Clarifying the Occurrence of Divorce by Verbal Pronouncement
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Question:
The question consists of two parts. We seek advice from Your Eminence the Shaykh regarding those who claim affiliation with knowledge and students of knowledge who issue anomalous fatwas. We also seek clarification on the ruling concerning the issue of divorce, as some have spoken and stated that it does not occur by verbal pronouncement unless it is written by the judge.
Answer:
It is not permissible for a person to issue a fatwa unless he is a scholar. If he is a scholar who knows the Shari'ah ruling from the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him), and there is a need for a fatwa, and there is no one better or more knowledgeable than him, then he issues the fatwa in this case out of necessity, so that the issue does not remain without an answer while people are in need of an answer. As for a person who has no qualification, but is merely a student of knowledge, or reads in books and pretends to be a scholar while he has no knowledge, reading in books and following others, merely repeating what is in them, it is not permissible for him to issue a fatwa. He is safe if he leaves the fatwa to those who are qualified for it. The fatwa is a responsibility before Allah (Glorified and Exalted is He). Do not think that you have issued a fatwa and the matter is over; you will be brought before Allah on the Day of Resurrection and asked about it. Also, if you issue a wrong fatwa, you mislead the one seeking the ruling and cause him to fall into error, and you will bear that on the Day of Resurrection. So, O brothers, the fatwa is a great responsibility. It is not permissible for a person to enter into it unless he has scholarly qualification, and he fears Allah (Mighty and Majestic), and he does not issue a fatwa except based on what the Book and the Sunnah indicate. He does not issue a fatwa based on his desires or on what is permissible for people and suitable for them, seeking out dispensations and ways out. This is not permissible. So the fatwa is a great responsibility, and it is not permissible for a person to enter into it and burden himself with what he cannot bear, misleading the seekers of rulings and causing them to fall into error.[An-Nahl 16:25] The mufti, the mufti, if he is asked, if he is asked, he should keep in mind his standing before Allah, and how he will answer on the Day of Resurrection if Allah asks him about it? He keeps this in mind and does not put himself into destruction and difficult situations, and Allah has spared him from that. As for divorce, if one pronounces it, it occurs, unless he has no mind, has no mind, or he was forced to do so. In these two cases, it does not occur: in the case where he has no mind, or in the case where he was forced and could not escape except by pronouncing the divorce. In these two cases, the divorce does not occur, because it did not come from a sane person or a person of free will. As for everything else, it occurs even if it is not written. This fatwa is one hundred percent wrong. And it is misleading for the people.
The question consists of two parts. We seek advice from Your Eminence the Shaykh regarding those who claim affiliation with knowledge and students of knowledge who issue anomalous fatwas. We also seek clarification on the ruling concerning the issue of divorce, as some have spoken and stated that it does not occur by verbal pronouncement unless it is written by the judge.
Answer:
It is not permissible for a person to issue a fatwa unless he is a scholar. If he is a scholar who knows the Shari'ah ruling from the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him), and there is a need for a fatwa, and there is no one better or more knowledgeable than him, then he issues the fatwa in this case out of necessity, so that the issue does not remain without an answer while people are in need of an answer. As for a person who has no qualification, but is merely a student of knowledge, or reads in books and pretends to be a scholar while he has no knowledge, reading in books and following others, merely repeating what is in them, it is not permissible for him to issue a fatwa. He is safe if he leaves the fatwa to those who are qualified for it. The fatwa is a responsibility before Allah (Glorified and Exalted is He). Do not think that you have issued a fatwa and the matter is over; you will be brought before Allah on the Day of Resurrection and asked about it. Also, if you issue a wrong fatwa, you mislead the one seeking the ruling and cause him to fall into error, and you will bear that on the Day of Resurrection. So, O brothers, the fatwa is a great responsibility. It is not permissible for a person to enter into it unless he has scholarly qualification, and he fears Allah (Mighty and Majestic), and he does not issue a fatwa except based on what the Book and the Sunnah indicate. He does not issue a fatwa based on his desires or on what is permissible for people and suitable for them, seeking out dispensations and ways out. This is not permissible. So the fatwa is a great responsibility, and it is not permissible for a person to enter into it and burden himself with what he cannot bear, misleading the seekers of rulings and causing them to fall into error.
That they may bear their own burdens in full on the Day of Resurrection and some of the burdens of those whom they misguide without knowledge. Unquestionably, evil is that which they bear.
لِيَحْمِلُوا أَوْزَارَهُمْ كَامِلَةً يَوْمَ الْقِيَامَةِ وَمِنْ أَوْزَارِ الَّذِينَ يُضِلُّونَهُم بِغَيْرِ عِلْمٍ أَلَا سَاءَ مَا يَزِرُونَ
Source
قناة «العلامة الدكتور صالح الفوزان»، ما النصيحة لمن يفتي فتاوى شاذة وينتسب لطلبة العلم؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
