Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is the person of legal capacity bound to a single opinion in matters of scholarly disagreement?

Machine translationRead the Arabic original
The questioner : The questioner asks: Is the person of legal capacity bound in matters of scholarly disagreement to choose whichever opinion he wishes? Is it the case that every opinion claimed with evidence is free from blame, or is it not? We ask for clarification, and may Allah reward you with good.

The Shaykh : This question is very important, especially in this time when people have become acquainted with the opinions of scholars and have come to hear or read about the disagreement among the people of knowledge. We say first that it is obligatory for the scholars who differ in these matters not to make this disagreement a cause of enmity, hatred, discord, and division, for that is not the way of the Muslims. Allah, Blessed and Exalted is He, said:
And do not be like the ones who became divided and differed afterوَلَا تَكُونُوا كَالَّذِينَ تَفَرَّقُوا وَاخْتَلَفُوا مِن بَعْدِ مَا
[Ali 'Imran 3:105]
came their wealth
the clear proofs had come to them. And those will have a great punishment.الْبَيِّنَاتُ وَأُولَٰئِكَ لَهُمْ عَذَابٌ عَظِيمٌ
[Ali 'Imran 3:105]
And Allah the Exalted said to His Prophet:
Indeed, those who have divided their religion and become sects - you, [O Muhammad], are not [associated] with them in anything. Their affair is only [left] to Allah; then He will inform them about what they used to do.إِنَّ الَّذِينَ فَرَّقُوا دِينَهُمْ وَكَانُوا شِيَعًا لَّسْتَ مِنْهُمْ فِي شَيْءٍ إِنَّمَا أَمْرُهُمْ إِلَى اللَّهِ ثُمَّ يُنَبِّئُهُم بِمَا كَانُوا يَفْعَلُونَ
[Al-An'am 6:159]
.
And what we see and hear, unfortunately, is that these people who differ take their disagreement as a path to conflict, discord, and the division of the Ummah, saying, "You are with me and not with so-and-so?" and the like of the speech we hear. This is an error. It is obligatory that if a person knows that the other’s intention is good, that he seeks the truth, and that he has not contradicted an explicit text, but rather has differed in a matter where independent legal reasoning is permissible, then it is permissible. It is not befitting to be hostile toward him for this, nor to take his disagreement as a means to divide the Muslims. For this reason, the Companions (may Allah be pleased with them) differed in many matters while they were on the heart of one man; there was no conflict among them and no disagreement. This is regarding those who differ. As for those who hear these differing opinions, it is without a doubt...
...that it is better for a man to follow the one he sees as closer to the truth, the one he sees as closer to the truth. For the man who has heard the disagreement is in the position of a patient for whom two or more doctors have prescribed a treatment for his illness; he will undoubtedly take the opinion of the doctor he sees as closer, either in his knowledge or in his advice. Likewise, matters of Islamic jurisprudence are medicine for the hearts. So a person should, when he hears the disagreement of the scholars, take the one he sees as closer to the truth, either for the breadth of his knowledge or for his religion and trustworthiness. And I say that it is sufficient, and I should say it is not obligatory, because some of the scholars hold that it is obligatory to take the opinion of the one one sees as closer to the truth, the one one sees as closer to the truth. But I do not see that it is obligatory. This is because if a dispute occurs between two scholars, and one is closer to the truth in his statement, it does not necessitate that he is closer to the truth in every matter. For we find that great scholars err in a matter, and one who is below them in knowledge is more correct than they. Therefore, we do not see that it is obligatory for a person to take the statement of the more knowledgeable in every matter. And because if we made that obligatory, we would make obligatory the following of other than the Messenger (peace and blessings be upon him) and the imitation of other than the Messenger (peace and blessings be upon him). And this is the matter by which the affliction occurred for the Islamic Ummah in the division into the schools of jurisprudence that arose after the time of the Messenger (peace and blessings be upon him). As for if the two scholars are unknown to this questioner or to this listener, and he does not know which of them is closer to the truth in his knowledge or trustworthiness, the scholars have also differed on whether it is obligatory for him to take the stricter opinion because it is safer, or to take the easier opinion because it is in accordance with the Shari'ah. For the Shari'ah in its entirety, as the Prophet (peace and blessings be upon him) said, is ease. And the Prophet (peace and blessings be upon him) never chose between two things except that he chose the easier. So if you are ignorant of the state of the two differing scholars, some of the scholars hold that you take the stricter because it is safer, and some hold that you take the easier because it is more in accordance with the spirit of Islam. And knowledge is with Allah.
Source دروس وفتاوى المسجد الحرام لعام 1406هـ - 1 — binothaimeen.net (19:23)

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

Flag this fatwa