The Ruling on Transmitting Scholarly Disagreement Without Preferring One View

The questioner : If a scholar transmits the opinions of others, does that mean he is issuing a fatwa based on his own opinion?

The Shaykh : No, sometimes the Shaykh al-Islam transmits the disagreement without preferring one view. He says, "There are two opinions among the scholars on this issue," which means that if a person follows this one or that one, it is permissible.

The questioner : A person asks a scholar about an issue, and the scholar answers by saying, "Shaykh al-Islam said so-and-so," and then he remains silent and does not give his own view.

The Shaykh : Yes, this means that you may follow this opinion, because sometimes the matter is difficult for the scholar, so he transmits the opinion of someone whose opinion he trusts and is content with it.

The questioner : Can we say this is the scholar's opinion?

The Shaykh : No, we say this is a state of confusion because the matter was difficult for him.