The statements of some Shafi'i jurists regarding the ruling on taqlid (following a scholar without knowing his evidence).
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The Shaykh : Now we move on to some of the well-known Shafi'i jurists. Al-Nawawi says, after mentioning the statements of the Imams such as "If the hadith is authentic, it is my madhhab (school of jurisprudence)" and similar phrases: "And our companions acted upon this in the issue of the second adhan (the call to prayer) and the condition of exiting ihram (the consecrated state of pilgrimage) due to an excuse such as illness, and other matters that are well-known in the books of the madhhab. Among those from whom it is reported that he issued a fatwa (a scholarly legal ruling) based on a hadith is Abu Ya'qub al-Buwayti from our companions," and so on. After that, he says: "Abu 'Amr said..." Who is Abu 'Amr? It is Ibn al-Salah, the well-known Shafi'i hadith scholar. "So if a Shafi'i finds a hadith that contradicts his madhhab, he should look into it." Look at this detail: "If the tools of ijtihad (independent legal reasoning) are complete in him, either absolutely, or in that chapter, or in that specific issue, then he has the independence to act upon it." A man who follows the Shafi'i madhhab finds a hadith that contradicts the madhhab of Imam al-Shafi'i. Ibn al-Salah says: "He should look into it. If the tools of ijtihad are complete in him absolutely," meaning he is able to exercise ijtihad in all the rulings of the Shari'ah (Islamic sacred law), "or in that chapter," or more specifically, in the issue: "then he has the independence to act upon the hadith, contradicting his madhhab in it. And if they are not complete," meaning he is not a mujtahid (a scholar qualified to derive rulings), as people today wish to be. "And if it is difficult for him to contradict the hadith after he has researched and found no satisfactory answer to the one who contradicted it, then he may act upon it, if an independent Imam other than Imam al-Shafi'i acted upon it. And this would be an excuse for him in leaving the madhhab of his Imam here. And this is what he said is good and necessary." This is the statement of Imam al-Nawawi after quoting the words of Ibn al-Salah. He says: "And this which Ibn al-Salah said is good and necessary," meaning it is an obligatory matter that is required. "I say: There is another scenario that Ibn al-Salah did not address, which is if he did not find anyone who acted upon the hadith, what should he do?" Takiyy al-Din al-Subki answered this in his treatise on the meaning of Imam al-Shafi'i's statement: "If the hadith is authentic, it is my madhhab." What did al-Subki say? "And the better opinion in my view is to follow the hadith, and let a person place himself before the Prophet (peace and blessings be upon him) as if he had heard it directly from him. Is it permissible for him to delay acting upon it? No, by Allah." This is how al-Subki swears: "No, by Allah, it is not permissible for him to leave acting upon this hadith, and every person is obligated according to his understanding."The Shaykh : Abu 'Amr, who is Abu 'Amr? It is Ibn al-Salah, the well-known Shafi'i hadith scholar. So, if a Shafi'i finds a hadith that contradicts his school, he should look into it. Note this detail: "If the tools of independent legal reasoning are complete in him, either absolutely, or in that specific chapter, or in that specific issue, he has the independence to act upon it." A man who follows the Shafi'i school finds a hadith that contradicts the school of Imam al-Shafi'i. Ibn al-Salah says: "He should look into it. If the tools of independent legal reasoning are complete in him absolutely," meaning he is able to exercise independent legal reasoning in all the rulings of the Shari'ah, "or in that chapter," or, more specifically, in the issue: "he has the independence to act upon the hadith, contradicting his school in it. And if they are not complete," meaning he is not a scholar qualified to derive rulings, as people today wish to be. "And if it is difficult for him to contradict the hadith after he has researched and found no satisfactory answer to its opponent, then he may act upon it, if an independent imam other than Imam al-Shafi'i has acted upon it. And this would be an excuse for him in leaving the school of his imam in this case. And this is what he said is good and necessary." This is the statement of Imam al-Nawawi after he quoted the words of Ibn al-Salah. He says: "And this which Ibn al-Salah said is good and necessary," meaning it is an obligatory matter that is required. "I say: There is another scenario that Ibn al-Salah did not address, which is if he did not find anyone who acted upon the hadith, what should he do?" Taqi al-Din al-Subki answered this in his treatise on the meaning of Imam al-Shafi'i's statement: "If the hadith is authentic, it is my school." What did al-Subki say? "The better opinion in my view is to follow the hadith, and let a person place himself before the Prophet (peace and blessings be upon him) as if he had heard it directly from him. Is it permissible for him to delay acting upon it? No, by Allah." This is how al-Subki swears: "No, by Allah, it is not permissible for him to leave acting upon this hadith, and every person is obligated according to his understanding."
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
