Can a Muslim adopt the more cautious position in matters of scholarly disagreement, such as the issue of reciting al-Fatihah or not reciting it behind the imam?
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The questioner : Can it be said in matters of scholarly disagreement, such as the issue of reciting al-Fatihah or not reciting it behind the imam, that a Muslim should adopt the more cautious position and say, "I will recite it to avoid the disagreement"? Or, for example...
The Shaykh : No, one example is enough for you, because there was a man who wanted to say two things, so I said, "Stop, you have one, look, the second example was lost, and I am more deserving of being lost." So, well, let us see our luck with you.
The questioner : Or, for example, regarding the validity of bowing: if one catches the bowing, is the rak'ah counted or not?
The Shaykh : But the more cautious position, my brother, is not possible in all scholarly matters. As for the two examples you mentioned just now, what is the more cautious position? Is it to recite in the prayers where the recitation is audible, or not to recite? Tell me the two positions so I can clarify to you that there is no room for caution. What is the more cautious position?
The questioner : I did not understand the question.
The Shaykh : Is the more cautious position to recite behind the imam in the prayers where the recitation is audible, or not to recite?
The questioner : I say he should recite.
The Shaykh : The one who recites, in the view of the scholar who says he should not recite, has contradicted the text of the Qur'an. So, even regarding the issue of bowing, what is the more cautious position? Is it to complete the rak'ah? The one who says that catching the bowing means catching the rak'ah would rule that your prayer is invalid, because you added a rak'ah to a three-rak'ah, four-rak'ah, or two-rak'ah prayer. Not every matter has a cautious position. If it were said, for example, "These meats that come to us from the West, we do not know if they are carrion or ritually slaughtered, and the more cautious position is that we do not eat them," you have not contradicted anything. The more cautious position here, listen, yes?
The questioner : What is the criterion for this rule?
The Shaykh : The rule is that caution is not caution if it involves contradicting something else. But here, if you leave eating the meat, would anyone say, "You left an obligatory duty"? No.
The questioner : No.
The Shaykh : But there, they would tell you that either you left an obligatory duty, such as listening to the imam's recitation, or you added a rak'ah and invalidated your prayer. This is not caution. Therefore, this rule has its places, but it cannot be applied universally by scholars who know the points of disagreement and difference among scholars.
The Shaykh : No, one example is enough for you, because there was a man who wanted to say two things, so I said, "Stop, you have one, look, the second example was lost, and I am more deserving of being lost." So, well, let us see our luck with you.
The questioner : Or, for example, regarding the validity of bowing: if one catches the bowing, is the rak'ah counted or not?
The Shaykh : But the more cautious position, my brother, is not possible in all scholarly matters. As for the two examples you mentioned just now, what is the more cautious position? Is it to recite in the prayers where the recitation is audible, or not to recite? Tell me the two positions so I can clarify to you that there is no room for caution. What is the more cautious position?
The questioner : I did not understand the question.
The Shaykh : Is the more cautious position to recite behind the imam in the prayers where the recitation is audible, or not to recite?
The questioner : I say he should recite.
The Shaykh : The one who recites, in the view of the scholar who says he should not recite, has contradicted the text of the Qur'an. So, even regarding the issue of bowing, what is the more cautious position? Is it to complete the rak'ah? The one who says that catching the bowing means catching the rak'ah would rule that your prayer is invalid, because you added a rak'ah to a three-rak'ah, four-rak'ah, or two-rak'ah prayer. Not every matter has a cautious position. If it were said, for example, "These meats that come to us from the West, we do not know if they are carrion or ritually slaughtered, and the more cautious position is that we do not eat them," you have not contradicted anything. The more cautious position here, listen, yes?
The questioner : What is the criterion for this rule?
The Shaykh : The rule is that caution is not caution if it involves contradicting something else. But here, if you leave eating the meat, would anyone say, "You left an obligatory duty"? No.
The questioner : No.
The Shaykh : But there, they would tell you that either you left an obligatory duty, such as listening to the imam's recitation, or you added a rak'ah and invalidated your prayer. This is not caution. Therefore, this rule has its places, but it cannot be applied universally by scholars who know the points of disagreement and difference among scholars.