If the scholars differ on an issue with multiple opinions, is it permissible for a scholar to add a new opinion?
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The questioner : Is it permissible for a scholar to introduce a new opinion on an issue where the Companions differed with several opinions?
The Shaykh : What is this opinion?
The questioner : Like what?
The Shaykh : Like what?
The questioner : I swear by Allah, I do not know.
The Shaykh : Well, we say that if the opinion he introduces is included within the existing opinions, there is no harm; if it is outside of them, then it is not permissible. For example, if the Companions differed on an issue, one denying it and the other affirming it, and a person came and distinguished the issue, such as the opinion on the obligation of Witr. Some scholars said that Witr is obligatory, while others said it is not obligatory. He distinguished his statement, and they said: whoever has a regular night prayer, meaning a prayer at night, must perform Witr, based on the statement: "Make the last of your prayer at night Witr." And whoever does not have one, Witr is not obligatory for him. Do you understand? So, for example, if they differed on two opinions, it is not permissible to introduce a third opinion unless the third opinion does not go beyond the two opinions.
The Shaykh : What is this opinion?
The questioner : Like what?
The Shaykh : Like what?
The questioner : I swear by Allah, I do not know.
The Shaykh : Well, we say that if the opinion he introduces is included within the existing opinions, there is no harm; if it is outside of them, then it is not permissible. For example, if the Companions differed on an issue, one denying it and the other affirming it, and a person came and distinguished the issue, such as the opinion on the obligation of Witr. Some scholars said that Witr is obligatory, while others said it is not obligatory. He distinguished his statement, and they said: whoever has a regular night prayer, meaning a prayer at night, must perform Witr, based on the statement: "Make the last of your prayer at night Witr." And whoever does not have one, Witr is not obligatory for him. Do you understand? So, for example, if they differed on two opinions, it is not permissible to introduce a third opinion unless the third opinion does not go beyond the two opinions.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [884] إذا اختلف العلماء في مسألة على أقوال متعددة، فهل يجوز لعالم أن يضيف قولاً جديداً؟ - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.