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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on issuing fatwas by following a scholar without knowing his evidence for one who has not reached the rank of independent legal reasoning

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Question:
Peace be upon you. Is it permissible for a man to be given [something] in the incense? For most of the supplication today is on this; they gave it to him from the year thirty.

Answer:
The one who is unable to perform independent legal reasoning issues fatwas by following a scholar without knowing his evidence, if he is unable to perform independent legal reasoning. We do not know of anyone today who possesses the qualification for independent legal reasoning. However, a student of knowledge, if he has knowledge of the evidence, presents the opinions of the jurists to it and takes what is the stronger position, acting and issuing fatwas based on what is the stronger position for him by evidence. As for if he does not know the evidence, but only knows the words of the scholars, and does not know the evidence, and does not know the stronger and weaker positions, he does not issue fatwas. He refers the questioner to someone more knowledgeable than him, except in a case of dire necessity, where there are no scholars in the place and the issue is urgent and does not accept delay. Then he tells him, "I read in the words of the scholars such and such," and gives him what he read, temporarily, meaning a temporary solution. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 04 من 15 / شرح أصول الإيمان / حتى إذا فزع عن قلوبهم/ صالح الفوزان / العقيدة/ كبار العلماء — youtube.com (1:09:19)

The Arabic text is a machine transcription of the audio recording.

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