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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The principle that there is no denunciation in matters of ijtihad

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Question:
He says: Honorable Shaykh, I hope you will clarify the usul principle regarding the lack of denial in matters of ijtihad, and whether there is a distinction between strong and weak disagreement, and I hope you will explain the types of disagreement?

Answer:
This is also not among your concerns; the matter of ijtihad and the multiplicity of opinions is the concern of jurists and scholars. So, if one of the opinions contradicts the Book and the Sunnah, it is rejected and refuted. It is rejected and refuted; that is, if someone holds an opinion that is invalidated by something in the Book of Allah or the Sunnah of His Messenger, then it is rejected and the ijtihad is invalid. But if the ijtihad or the second opinion has a possibility in the evidence—meaning some of the evidences contain possibilities, and some scholars adopted one possibility while others adopted another—this is called variation in disagreement (ikhtilaf al-tanawwu'). Variation in disagreement: each person adopted a possibility from the evidence. There is no denial in this, no denial among the jurists. Therefore, as you know, the four Imams have differences in their schools, but, praise be to Allah, they are not contradictory. Rather, each of them adopts a possibility from what the evidence from the Book and the Sunnah allows. So, they do not consider one another ignorant or misguide one another. Each has his ijtihad that he arrived at, as long as it has a possibility in the evidence. But if it has no possibility in the evidence, it is invalid and rejected. Yes. The word al-qur' came to mean menstruation and to mean purity. This is a possibility. The one who held that it is purity has a possibility, and the one who held that it is menstruation has a possibility. So, we all adopted a possibility, and there is no denial in this. Yes.
Source 75-لقاءات مع الشيخ صالح الفوزان - 12- — archive.org (31:26)

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

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