Is it permissible for a Muslim to issue a fatwa based on what he considers the stronger position among the schools of jurisprudence, or should he remain silent?
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The questioner : We are speaking about the aspect of this humble person who does not suffer from those diseases, where one opinion prevails in his mind or he is convinced by the opinion of that group of scholars. So when he is asked, "O Shaykh," what does he say? Does he remain silent out of fear that when he says, for example, the issue involves an obligation and a recommended practice, he states that a certain ruling is obligatory, and then he is asked, "Who are you to say it is obligatory?" Or does he remain silent and say, "Ask the scholars," out of fear of falling into error?
The Shaykh : This is an important question. If he considers himself to be among the people of knowledge, it is obligatory for him to advise the questioner regarding knowledge. However, if he truly sees himself as not being among the people of knowledge, it is sufficient for him to prefer what his soul is at peace with and what brings him comfort. If he is asked about an issue, he says, "I am not a scholar," and Allah says:[An-Nahl 16:43] This is the middle position of justice that I referred to earlier.
He may exercise discernment, but he may not present his knowledge to others, because he does not consider himself to be among the people of knowledge. Otherwise, the saying of the Prophet (peace and blessings be upon him) would apply to him:Riyad as-Salihin 1390 So he may prefer an opinion for his own private benefit, but he may not issue fatwas to the general public; rather, he should refer them to the people of knowledge. This is the answer to the question.
The questioner : And he should not transmit that fatwa?
The Shaykh : That is the meaning of him not transmitting it.
The Shaykh : This is an important question. If he considers himself to be among the people of knowledge, it is obligatory for him to advise the questioner regarding knowledge. However, if he truly sees himself as not being among the people of knowledge, it is sufficient for him to prefer what his soul is at peace with and what brings him comfort. If he is asked about an issue, he says, "I am not a scholar," and Allah says:
So ask the people of the message if you do not know.
فاسألوا أهل الذكر إن كنتم لا تعلمونHe may exercise discernment, but he may not present his knowledge to others, because he does not consider himself to be among the people of knowledge. Otherwise, the saying of the Prophet (peace and blessings be upon him) would apply to him:
He who is asked about knowledge (of religion) and conceals it, will be bridled with a bridle of fire on the Day of Resurrection.
من سئل عن علم فكتمه ألجم يوم القيامة بلجام من نارThe questioner : And he should not transmit that fatwa?
The Shaykh : That is the meaning of him not transmitting it.
