The Change of Fatwa with the Change of Time and Place
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. He says: Does the fatwa change with the change of time and place? And is it authentic from al-Shafi'i?
Answer:
It changes in terms of understanding and evidence. It is not based on desire or time that changes the Shari'ah ruling. It is not based on desire or time that changes the Shari'ah ruling. Rather, a person may have an opinion, and then another opinion becomes clear to him later, and the hadith allows for both this and that. This is not a return from the first opinion, but rather adopting another possibility from the hadith.
So this is not a return from the fatwa. Therefore, Imam al-Shafi'i has two madhhabs: the old madhhab and the new madhhab. And Imam Ahmad has several narrations from him according to ijtihad. If a person says, "I have exercised ijtihad, and that is enough," and he freezes, not reflecting and searching, then if something becomes clear to him, he adopts it, even if he had said something different before.
Unless the error becomes apparent to him. If it becomes apparent to him that it is an error, he returns from the error. But as long as the matter is possible that this is correct and that is correct, it is as 'Umar (may Allah be pleased with him) said: "That was according to what we judged, and this is according to what we judge now." Yes.
Honorable Shaykh, may Allah grant you success. He says: Does the fatwa change with the change of time and place? And is it authentic from al-Shafi'i?
Answer:
It changes in terms of understanding and evidence. It is not based on desire or time that changes the Shari'ah ruling. It is not based on desire or time that changes the Shari'ah ruling. Rather, a person may have an opinion, and then another opinion becomes clear to him later, and the hadith allows for both this and that. This is not a return from the first opinion, but rather adopting another possibility from the hadith.
So this is not a return from the fatwa. Therefore, Imam al-Shafi'i has two madhhabs: the old madhhab and the new madhhab. And Imam Ahmad has several narrations from him according to ijtihad. If a person says, "I have exercised ijtihad, and that is enough," and he freezes, not reflecting and searching, then if something becomes clear to him, he adopts it, even if he had said something different before.
Unless the error becomes apparent to him. If it becomes apparent to him that it is an error, he returns from the error. But as long as the matter is possible that this is correct and that is correct, it is as 'Umar (may Allah be pleased with him) said: "That was according to what we judged, and this is according to what we judge now." Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب الإشارة في الصلاة لرد السلام أو حاجة تعرض — islamhouse.com (46:47)
The Arabic text is a machine transcription of the audio recording.
