Statement of the consensus of the scholars of the present age on matters in which no prior consensus has been reached
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The questioner:
That they contradict the previous consensus of the principles, especially the consensus on detailed specific cases. And if the answer is a negation, this means that his consensus is the best in matters where there is no prior consensus.
The Shaykh:
Yes, indeed. In matters where there is no prior consensus, it is not permissible to distort them; rather, it is obligatory to use them as evidence. As for issues in which no prior consensus has been reached, the scholars of the present age may exercise independent legal reasoning (ijtihad) in them. So if they agree, that is, if the scholars of the present age agree on such and such in matters where no consensus preceded them—new and emerging issues, and we are witnesses to them—then if the scholars of the Muslims in the various regions agree on a ruling, it becomes a consensus, specifically in that issue. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Yes, and even if it is based on probability, it must be acted upon, unless a contradicting opinion appears. If a contradicting opinion appears, the apparent view is that they obey, as long as no contradicting opinion has appeared, the apparent view is that they are in consensus, and we have nothing but the apparent view. Yes. Welcome. In terms of reality only, but in terms of evidence, there is no doubt that consensus is used as evidence, even if it is implicit.
The questioner:
And the Shaykh said, may Allah grant you success.
The Shaykh:
Good. 'Abd al-Barr, the noble Imam, a preserver among the preservers of the world, may Allah have mercy on him. Yes.
That they contradict the previous consensus of the principles, especially the consensus on detailed specific cases. And if the answer is a negation, this means that his consensus is the best in matters where there is no prior consensus.
The Shaykh:
Yes, indeed. In matters where there is no prior consensus, it is not permissible to distort them; rather, it is obligatory to use them as evidence. As for issues in which no prior consensus has been reached, the scholars of the present age may exercise independent legal reasoning (ijtihad) in them. So if they agree, that is, if the scholars of the present age agree on such and such in matters where no consensus preceded them—new and emerging issues, and we are witnesses to them—then if the scholars of the Muslims in the various regions agree on a ruling, it becomes a consensus, specifically in that issue. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Yes, and even if it is based on probability, it must be acted upon, unless a contradicting opinion appears. If a contradicting opinion appears, the apparent view is that they obey, as long as no contradicting opinion has appeared, the apparent view is that they are in consensus, and we have nothing but the apparent view. Yes. Welcome. In terms of reality only, but in terms of evidence, there is no doubt that consensus is used as evidence, even if it is implicit.
The questioner:
And the Shaykh said, may Allah grant you success.
The Shaykh:
Good. 'Abd al-Barr, the noble Imam, a preserver among the preservers of the world, may Allah have mercy on him. Yes.
Source
شرح العقيدة الواسطية [ صالح الفوزان ] [ الشرح القديم ]، من علامات أهل السنة الاتباع وليس الابتداع — islamhouse.com (1:13:58)
The Arabic text is a machine transcription of the audio recording.