The Jurist’s Statement on a Position Preceded by No One

The questioner : Shaykh, is it permissible for later scholars or students of knowledge in these days to state a position on jurisprudential issues that none of the preceding Imams have stated? And Shaykh, we met with one of the brothers and he raised an objection, but without any real right. We went back to most of your books and found that this speech is entirely invalid and unjust, truly. Shaykh, are we allowed to state a position on an issue that no one has preceded us in?

The Shaykh : One of our conditions in fiqh (Islamic jurisprudence) is that we do not state a position that we have not been preceded in.

The questioner : Shaykh, give us an example of that. And even if we acknowledge the scholarly disagreement (khilaf) on the issue, such as the case of fasting on Saturday, for example, in a case other than the obligatory fast, do we have a precedent (Salaf) in this issue?

The Shaykh : Your question makes us qualify our statement. Of course, for Imam al-Shafi'i, if a hadith comes authentically from the Messenger (peace and blessings be upon him) we do not care about something called the opinion of any scholar. But if it is an issue of ijtihad (independent legal reasoning), then this is what we mean by what I said earlier: that we do not state a position on something we have not been preceded in. But as for a hadith like this, or an issue like this where an authentic hadith has come, we give no weight to those who disagree, even if they are the majority. I mentioned in some of my writings that the narrator of the hadith himself says, "The one who fasts on Saturday has neither fasted nor broken his fast." And you know that the Messenger (peace and blessings be upon him) said this statement regarding the one who fasts perpetually: "The one who fasts perpetually has neither fasted nor broken his fast." So, in short, we say that it is our methodology that we do not state a jurisprudential issue unless we are preceded in it, unless the text regarding it is authentic and explicit from the Messenger (peace and blessings be upon him). In that case, we do not care about those who disagree, even if they are the majority. Yes. Is that clear? May Allah reward you with good, O...