The Reason for the Disagreement of the Imams: Malik, al-Shafi'i, and Ahmad
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Fatwa number ( 4875 )
Q: Whatis the reason for the disagreement among the imams:Malik, al-Shafi'i, and Ahmad ibn Hanbal(may Allah have mercy on them)?
A: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions... And to proceed: The reasons for the disagreement of the jurists (the four Imams) and others are many, and books have been authored on this topic, including: (Raf' al-Malam 'an al-A'immah al-A'lam) by Shaykh al-Islam Ibn Taymiyyah , and (al-Tamhid fi Takhrij al-Furu' 'ala al-Usul), by 'Abd al-Rahim al-Asnawi , and (al-Insaaf fi Bayan Asbab al-Ikhtilaf) by Wali
Allah al-Dahlawi , and (Asbab Ikhtilaf al-Fuqaha) by 'Ali al-Khafif , and (al-Insaaf fi al-Tanbih 'ala al-Asbab allati Awjibat al-Khilaf) by 'Abd Allah ibn Sayyid , and (Bidayat al-Mujtahid) by Ibn Rushd, for he mentions the issues where there is consensus, then mentions the points of disagreement and explains their origin. Nevertheless, we will mention to you some of these reasons: 1- The sharing of a word between two or more meanings: such as al-quru' in the saying of Allah the Exalted:[Al-Baqarah 2:228], so al-quru' is used for menstruation and for purity. Some held that the divorced woman observes her waiting period by counting periods of purity, while others held that she observes it by counting periods of menstruation, and each has evidence that confirms the meaning they chose. 2- The conflict of evidence: The jurists differ in their view on preferring one over the other or reconciling them, for example: the hadith prohibiting prayer after 'Asr until the sun sets, and the hadith prohibiting one who enters the mosque from sitting until he prays two rak'ahs as a greeting to the mosque. The jurists differed in applying this to one who enters the mosque at a time when prayer is prohibited. Some preferred the hadiths prohibiting prayer, while others preferred the hadith of the greeting to the mosque, and each has evidence for preferring what they chose.
Among them is: that a hadith reaches one of them and not the other, and among them is: disagreement regarding abrogation. The fatwa does not allow for detailing such matters, so refer to the books mentioned above if you are a student of knowledge to benefit from them. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Q: Whatis the reason for the disagreement among the imams:Malik, al-Shafi'i, and Ahmad ibn Hanbal(may Allah have mercy on them)?
A: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions... And to proceed: The reasons for the disagreement of the jurists (the four Imams) and others are many, and books have been authored on this topic, including: (Raf' al-Malam 'an al-A'immah al-A'lam) by Shaykh al-Islam Ibn Taymiyyah , and (al-Tamhid fi Takhrij al-Furu' 'ala al-Usul), by 'Abd al-Rahim al-Asnawi , and (al-Insaaf fi Bayan Asbab al-Ikhtilaf) by Wali
Allah al-Dahlawi , and (Asbab Ikhtilaf al-Fuqaha) by 'Ali al-Khafif , and (al-Insaaf fi al-Tanbih 'ala al-Asbab allati Awjibat al-Khilaf) by 'Abd Allah ibn Sayyid , and (Bidayat al-Mujtahid) by Ibn Rushd, for he mentions the issues where there is consensus, then mentions the points of disagreement and explains their origin. Nevertheless, we will mention to you some of these reasons: 1- The sharing of a word between two or more meanings: such as al-quru' in the saying of Allah the Exalted:
Divorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلاثَةَ قُرُوءٍAmong them is: that a hadith reaches one of them and not the other, and among them is: disagreement regarding abrogation. The fatwa does not allow for detailing such matters, so refer to the books mentioned above if you are a student of knowledge to benefit from them. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.