Using the hadith "I am only a human being" as evidence to reject the statement of a scholar and the ruling of a judge
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The questioner:
May Allah be with you, Your Eminence, the father. The questioner says: Some people have used the hadithSahih Muslim 572j as evidence to reject the statement of a scholar, the ruling of a judge, and the criticism of the critic. May Allah reward you. Some people have used the hadith Sahih Muslim 572j as evidence to reject the statement of a scholar,
The Shaykh:
For.
The questioner:
to reject the statement of the scholars.
The Shaykh:
Quick.
The questioner:
A good rejection.
The Shaykh:
It is not rejected unless it contradicts the Book and the Sunnah. The ruling of the judge is not rejected unless it is clear that it contradicts the Book and the Sunnah and that it is an error; in that case, it is rejected. Therefore, the Court of Cassation looks into cases and remains silent; if they find a contradiction, they reject it. However, if the ruling is in accordance with the Book and the Sunnah, or if it is not clear that it contradicts the Book and the Sunnah, it is not permissible to transfer it or to interfere with it. Otherwise, rulings would be corrupted and everyone would act arbitrarily.
May Allah be with you, Your Eminence, the father. The questioner says: Some people have used the hadith
Ibrahim b. Suwaid-reported: 'Alqama led us in the noon prayer and be offered five rak'ahs; when the prayer was complete, the people said to him: Abu Shibl, you have offered five rak'ahs. He said: No, I have not done that. They said: Yes (you said five rak'ahs). He (the narrator) said: And I was sitting in a corner among people and I was just a boy. I (also) said: Yes, you have offered five (rak'ahs). He said to me: O, one-eyed, do you say the same thing? I said: Yes. Upon this he turned (his face) and performed two prostrations and then gave salutations, and then reported 'Abdullah as saying: The Messenger of Allah (ﷺ) led us in prayer and offered five rak'ahs. And as he turned away the people began to whisper amongst themselves. He (the Holy Prophet) said: What is the matter with you? They said: Has the prayer been extended? He said: No. They said: You have in fact said five rak'ahs. He (the Holy Prophet) then turned his back (and faced the Qibla) and performed two prostrations and then gave salutations and further said: Verily I am a human being like you, I forget just as you forget. Ibn Numair made this addition:" When any one of you forgets, he must perform two prostrations."
إنما أنا بشر مثلكمIbrahim b. Suwaid-reported: 'Alqama led us in the noon prayer and be offered five rak'ahs; when the prayer was complete, the people said to him: Abu Shibl, you have offered five rak'ahs. He said: No, I have not done that. They said: Yes (you said five rak'ahs). He (the narrator) said: And I was sitting in a corner among people and I was just a boy. I (also) said: Yes, you have offered five (rak'ahs). He said to me: O, one-eyed, do you say the same thing? I said: Yes. Upon this he turned (his face) and performed two prostrations and then gave salutations, and then reported 'Abdullah as saying: The Messenger of Allah (ﷺ) led us in prayer and offered five rak'ahs. And as he turned away the people began to whisper amongst themselves. He (the Holy Prophet) said: What is the matter with you? They said: Has the prayer been extended? He said: No. They said: You have in fact said five rak'ahs. He (the Holy Prophet) then turned his back (and faced the Qibla) and performed two prostrations and then gave salutations and further said: Verily I am a human being like you, I forget just as you forget. Ibn Numair made this addition:" When any one of you forgets, he must perform two prostrations."
إنما أنا بشر مثلكمThe Shaykh:
For.
The questioner:
to reject the statement of the scholars.
The Shaykh:
Quick.
The questioner:
A good rejection.
The Shaykh:
It is not rejected unless it contradicts the Book and the Sunnah. The ruling of the judge is not rejected unless it is clear that it contradicts the Book and the Sunnah and that it is an error; in that case, it is rejected. Therefore, the Court of Cassation looks into cases and remains silent; if they find a contradiction, they reject it. However, if the ruling is in accordance with the Book and the Sunnah, or if it is not clear that it contradicts the Book and the Sunnah, it is not permissible to transfer it or to interfere with it. Otherwise, rulings would be corrupted and everyone would act arbitrarily.
Source
شرح عمدة الأحكام، كتاب الأيمان والنذور -باب النذر -أول كتاب القضاء — alfawzan.live (1:06:25)
The Arabic text is a machine transcription of the audio recording.