The Correct Position on the Disagreement of Fatwas Among Scholars
Machine translationRead the Arabic original
Question:
And how, Shaykh, do you say what is the correct position regarding the disagreement of fatwas among scholars?
Answer:
The correct position is that if a person wants to seek a fatwa, he goes to someone he is convinced of, or is certain, is more knowledgeable than others and more mindful of Allah the Exalted. He chooses from among the scholars the one he sees as having more knowledge and being more mindful of Allah the Exalted, and he asks him. Once he asks him, he follows his ruling and is not concerned with the other differences, as long as he has exerted effort in seeking a mufti whom he considers qualified for issuing fatwas and who is mindful of Allah the Exalted. He asks, and praise be to Allah, and he is not concerned if there is disagreement, because this scholar will exert effort in seeking the stronger position and the opinion indicated by the evidence. This is the position: the person seeks out from among the scholars the one who is more knowledgeable, more scrupulous, and more weighty in the sight of Allah the Exalted, and asks him based on those available. I do not say that you are obligated to go to someone like Waki' ibn al-Jarrah, or Imam Ahmad, or Imam al-Shafi'i, or Shaykh al-Islam Ibn Taymiyyah, because they are not present. But the best of those present is the best of those present[Al-Baqarah 2:286]. You also should not ask many questions. If you asked one person, exerted effort, and asked one of the best of those present, do not ask many questions. Do not go ask so-and-so and so-and-so and so-and-so to see their opinions, what so-and-so said, and what so-and-so said. This is absolutely not permissible. One of the best of those present in your view has given you a fatwa, so that is enough. Follow his ruling, and Allah the Exalted will guide everyone and grant everyone success. Yes.
And how, Shaykh, do you say what is the correct position regarding the disagreement of fatwas among scholars?
Answer:
The correct position is that if a person wants to seek a fatwa, he goes to someone he is convinced of, or is certain, is more knowledgeable than others and more mindful of Allah the Exalted. He chooses from among the scholars the one he sees as having more knowledge and being more mindful of Allah the Exalted, and he asks him. Once he asks him, he follows his ruling and is not concerned with the other differences, as long as he has exerted effort in seeking a mufti whom he considers qualified for issuing fatwas and who is mindful of Allah the Exalted. He asks, and praise be to Allah, and he is not concerned if there is disagreement, because this scholar will exert effort in seeking the stronger position and the opinion indicated by the evidence. This is the position: the person seeks out from among the scholars the one who is more knowledgeable, more scrupulous, and more weighty in the sight of Allah the Exalted, and asks him based on those available. I do not say that you are obligated to go to someone like Waki' ibn al-Jarrah, or Imam Ahmad, or Imam al-Shafi'i, or Shaykh al-Islam Ibn Taymiyyah, because they are not present. But the best of those present is the best of those present
Allah does not charge a soul except [with that within] its capacity
لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا
Source
الموقف الصحيح من اختلاف الفتوى بين العلماء — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
