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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the layperson's position regarding the disagreement among scholars?

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Question : May Allah keep you safe. This question consists of two parts. The first part says: O Shaykh, what is the layperson's position regarding the disagreement of the scholars on a certain issue, when each of the scholars has evidence for the issue and he considers it correct? What does the layperson do?

Answer : The layperson is, by his name, a layman, and laymen are like flies; he does not know the evidence, nor does he know the indication, nor does he know how to derive an argument.
His obligation is to ask the people of knowledge, for Allah says:
So ask the people of the message if you do not know.فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ
[An-Nahl 16:43]
So it is obligatory for the layperson to ask the people of knowledge, not to prefer one opinion of the scholars over another. Why do we prevent him from preferring one over the other? Because he does not have the tool for preference, and he does not know. If you asked them, "Where is your elbow from your wrist?" Do they know or not? Fine, who will explain to me his elbow from his wrist? One person. Just this. It means the one I have is a layman. Fine, between the ball and the socket, you. Yes. Where are you? You put two fingers here, this is the elbow, which one? The one next to the little finger. Fine, what is this? The elbow. Fine, and the wrist is the one next to the thumb. You are right that you do not know your elbow from your wrist. Come on. Fine. The wrist is in the hand, this makes the elbow in the hand and the wrist in the leg. Wait, wait, so that his time does not pass. I like things. There is a poem that says, the poet says: "The bone next to the thumb is the elbow, and what is next to his little finger is the wrist, and the wrist is not in the middle." Be careful, my brother, and you, O... The bone next to the thumb is the elbow, and what is next to his little finger is the wrist, and the wrist is not in the middle. Fine, the one next to the thumb is this, and the one next to the little finger is this, and the wrist is the middle between them, and the bone next to the thumb of the leg is called the ankle, so take knowledge and beware of mistakes. Come on. Did you memorize the poem? "The bone next to the thumb is the elbow. And what is next to his little finger is the wrist, and the wrist is not in the middle. And the bone next to the thumb of the leg is called the ankle, so take knowledge and beware of mistakes." In any case, there is no harm, when they know from all speed, we are done, my brothers. What does he say? I say that the layperson is not in a position that qualifies him to prefer one opinion of the scholars over another. So what does he do if two scholars disagree with him? We can know the answer to this question by a question I direct to you: What does the patient do if two doctors disagree with him regarding the prescription of treatment? He sees the one closer to the truth. Fine, so we say: If two scholars disagree with you in a fatwa, then look at whom you see as closer to the truth in his knowledge, his trustworthiness, and his religion, and follow his opinion, for this is the utmost you can do. And Allah the Exalted said:
So fear Allah as much as you are ableفَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ
[At-Taghabun 64:16]
But if the two men are equal in your view, or you do not know which one is closer to the truth because you are ignorant of their condition, what do you do? Some scholars said: Take the easier one. And some scholars said: Take the stricter one. And some scholars said: You have a choice. Those who said take the easier one said that the easier one is the one that conforms to the Islamic religion, for this religion is ease, and as long as the argument has not been established against us with the stricter one, let us take the easier and simpler one. And those who said take the stricter one said that the stricter one is safer, and the Prophet (peace and blessings be upon him) said:
Leave that which makes you doubt for that which does not make you doubt.دع ما يريبك إلى ما لا يريبك
Sunan an-Nasa'i 5711Sahih (Darussalam)
, and he (peace and blessings be upon him) said:
Both lawful (Halal) and unlawful things (Haram) are evident but in between them there are doubtful things·and most people have no knowledge about them. So he, who saves himself from these doubtful things, saves his religion and his honor (i.e. keeps them blameless). And he who indulges in these doubtful things is like a shepherd who pastures (his animals) near the Hima (private pasture) of someone else and at any moment he is liable to get in it.الحلال بين والحرام بين وبينهما أمور مشتبهات لا يعلمهن كثير من الناس فمن اتقى الشبهات فقد استبرأ لدينه وعرضه ومن وقع في الشبهات وقع في الحرام
Bulugh al-Maram 16:32
. And those who say that he has a choice say that this man has not clarified to him which of the two men is more correct, so he has a choice between them. And what appears to me is that the easier and simpler one is preferred, for it is the most in accordance with the Islamic religion, and the original state is the innocence of the conscience from the stricter one until evidence is established that it is the ruling of the Shari'ah.
Source دروس وفتاوى المسجد الحرام لعام 1412 هـ - 15 — binothaimeen.net (59:42)

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

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