What is your opinion regarding what was mentioned about al-Shatibi? We were told that al-Shatibi (may Allah have mercy on him) was asked in the first of the *Shatibiyyah Fatawa*, which were extracted from *al-Mi'yar al-Maghribi*, saying:
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The Shaykh : Please, go ahead.
The questioner : I am afraid that eating might hinder [the discussion].
The Shaykh : No, no. If you delay me from the food, that is good of you, because food and filling the stomach may not be beneficial.
The questioner : The point of difficulty in the words of al-Shatibi (may Allah have mercy on him) is what is known of his methodology.
The Shaykh : What is it?
The questioner : I say the point of difficulty in the words of al-Shatibi that the brother Sultan referred to is:
The Shaykh : Yes.
The questioner : what is known of his methodology in adhering to the Sunnahs and rejecting opinions that contradict them.
The Shaykh : Fine.
The questioner : He was asked in the first of the *Shatibiyyah Fatawa*, which were extracted from *al-Mi'yar al-Maghribi*, about a matter in which there are two opinions of the scholars: one is strong and has valid, established evidence, and the other has weak evidence but has a strong legal perspective, and the second one is famous in the country where the mufti wants to issue a fatwa on this matter. Al-Shatibi says: "What I choose is that he should issue a fatwa based on what is famous among the people, even if it contains weakness, for several reasons whose details he did not mention, but among them is the fear of causing confusion among the common people and the matter becoming muddled for them". What is your opinion in such a matter, especially since some of the shaykhs among us prefer it and promote it, and we suffer from it greatly?
The Shaykh : By Allah, if the transmission is precise, I do not see that [as correct], but I am afraid that there is something there that does not lead to what you mentioned. And the fatwa, as you know, is according to the text. So if the text is as you transmitted it, and you are, if Allah wills, trustworthy in your transmission, then we see this as very dangerous.
And in such a case, I see that silence is better than issuing a fatwa contrary to what one considers correct. Silence is based on the rule of his saying (peace be upon him):Sahih Muslim 49a So it is lighter for a person to remain silent and not issue a fatwa contrary to the truth by which he worships Allah than to issue a fatwa with certainty. Therefore, based on what I know of al-Shatibi's knowledge and his religion, I strongly doubt that he would hold this view. Therefore, my certainty of his error obliges me to verify the text of his words. And you, may Allah reward you with good, mentioned to me some books attributed to al-Shatibi. I have not come across them or looked into them. Are these books you referred to printed among you?
The questioner : *The Shatibiyyah Fatawa* were recently printed, and a man extracted them from the book *al-Mi'yar al-Maghribi fi Fatawa 'Ulama' al-Maghrib*.
The Shaykh : And both are printed? *Al-Mi'yar*?
The questioner : Yes, *al-Mi'yar* is printed in fifteen volumes or more, and *The Shatibiyyah Fatawa* were extracted from it and then printed in a small volume of about three hundred pages. And this fatwa, may Allah reward you and forgive you and your parents, is the first fatwa in this collection. And the point of difficulty in it is what you mentioned regarding al-Shatibi's strong, solid methodology in taking the evidence and rejecting what contradicts the correct evidence.
The Shaykh : And therefore, caution obliges us to return to the original source from which it was extracted.
The questioner : Yes.
The Shaykh : Is it clear?
The questioner : Yes.
The Shaykh : And unfortunately, the original and what was extracted from it, as you say, have not reached us.
The questioner : We will send it to you, if Allah wills.
The Shaykh : Are both available in the libraries?
The questioner : Yes, it is available in the libraries, and we will send it to you, if Allah wills.
The Shaykh : May Allah reward you with good. The first book is not completed either?
The questioner : *Al-Mi'yar*?
The Shaykh : Yes.
The questioner : No, it is printed in full.
The Shaykh : It seems to me I heard that fifteen [volumes] means it is not complete?
The questioner : It is more than fifteen.
The questioner : What reached us, what we have now, is fifteen volumes.
The Shaykh : This is my question.
The questioner : I do not know.
The Shaykh : Does the book complete with fifteen [volumes]?
The questioner : Allah knows best, I do not know.
The Shaykh : This is an important matter in reality, and especially since it concerns Imam al-Shatibi. I say: the truth is that this man is among the rare scholars.
The questioner : (may Allah have mercy on him).
The Shaykh : I mean, he is almost like Ibn Taymiyyah in that regard, but Ibn Taymiyyah, may Allah will it, is an ocean with no shore. But in terms of being the owner of thoughts and opinions that we do not find in other books and being successful in them, he is rare, like Ibn Taymiyyah and like this al-Shatibi. Does this person who extracted what he extracted from *al-Mi'yar* attribute every sentence to the original?
The questioner : To the original, yes.
The Shaykh : Did he return to the original?
The questioner : No, I did not return to it.
The Shaykh : What... my brother, you, health and well-being.
The questioner : I am afraid that eating might hinder [the discussion].
The Shaykh : No, no. If you delay me from the food, that is good of you, because food and filling the stomach may not be beneficial.
The questioner : The point of difficulty in the words of al-Shatibi (may Allah have mercy on him) is what is known of his methodology.
The Shaykh : What is it?
The questioner : I say the point of difficulty in the words of al-Shatibi that the brother Sultan referred to is:
The Shaykh : Yes.
The questioner : what is known of his methodology in adhering to the Sunnahs and rejecting opinions that contradict them.
The Shaykh : Fine.
The questioner : He was asked in the first of the *Shatibiyyah Fatawa*, which were extracted from *al-Mi'yar al-Maghribi*, about a matter in which there are two opinions of the scholars: one is strong and has valid, established evidence, and the other has weak evidence but has a strong legal perspective, and the second one is famous in the country where the mufti wants to issue a fatwa on this matter. Al-Shatibi says: "What I choose is that he should issue a fatwa based on what is famous among the people, even if it contains weakness, for several reasons whose details he did not mention, but among them is the fear of causing confusion among the common people and the matter becoming muddled for them". What is your opinion in such a matter, especially since some of the shaykhs among us prefer it and promote it, and we suffer from it greatly?
The Shaykh : By Allah, if the transmission is precise, I do not see that [as correct], but I am afraid that there is something there that does not lead to what you mentioned. And the fatwa, as you know, is according to the text. So if the text is as you transmitted it, and you are, if Allah wills, trustworthy in your transmission, then we see this as very dangerous.
And in such a case, I see that silence is better than issuing a fatwa contrary to what one considers correct. Silence is based on the rule of his saying (peace be upon him):
He who amongst you sees something abominable should modify it with the help of his hand; and if he has not strength enough to do it, then he should do it with his tongue, and if he has not strength enough to do it, (even) then he should (abhor it) from his heart, and that is the least of faith.
من رأى منكم منكراً فليغيره بيده فإن لم يستطع فبلسانه فإن لم يستطع فبقلبه وذلك أضعف الأيمانThe questioner : *The Shatibiyyah Fatawa* were recently printed, and a man extracted them from the book *al-Mi'yar al-Maghribi fi Fatawa 'Ulama' al-Maghrib*.
The Shaykh : And both are printed? *Al-Mi'yar*?
The questioner : Yes, *al-Mi'yar* is printed in fifteen volumes or more, and *The Shatibiyyah Fatawa* were extracted from it and then printed in a small volume of about three hundred pages. And this fatwa, may Allah reward you and forgive you and your parents, is the first fatwa in this collection. And the point of difficulty in it is what you mentioned regarding al-Shatibi's strong, solid methodology in taking the evidence and rejecting what contradicts the correct evidence.
The Shaykh : And therefore, caution obliges us to return to the original source from which it was extracted.
The questioner : Yes.
The Shaykh : Is it clear?
The questioner : Yes.
The Shaykh : And unfortunately, the original and what was extracted from it, as you say, have not reached us.
The questioner : We will send it to you, if Allah wills.
The Shaykh : Are both available in the libraries?
The questioner : Yes, it is available in the libraries, and we will send it to you, if Allah wills.
The Shaykh : May Allah reward you with good. The first book is not completed either?
The questioner : *Al-Mi'yar*?
The Shaykh : Yes.
The questioner : No, it is printed in full.
The Shaykh : It seems to me I heard that fifteen [volumes] means it is not complete?
The questioner : It is more than fifteen.
The questioner : What reached us, what we have now, is fifteen volumes.
The Shaykh : This is my question.
The questioner : I do not know.
The Shaykh : Does the book complete with fifteen [volumes]?
The questioner : Allah knows best, I do not know.
The Shaykh : This is an important matter in reality, and especially since it concerns Imam al-Shatibi. I say: the truth is that this man is among the rare scholars.
The questioner : (may Allah have mercy on him).
The Shaykh : I mean, he is almost like Ibn Taymiyyah in that regard, but Ibn Taymiyyah, may Allah will it, is an ocean with no shore. But in terms of being the owner of thoughts and opinions that we do not find in other books and being successful in them, he is rare, like Ibn Taymiyyah and like this al-Shatibi. Does this person who extracted what he extracted from *al-Mi'yar* attribute every sentence to the original?
The questioner : To the original, yes.
The Shaykh : Did he return to the original?
The questioner : No, I did not return to it.
The Shaykh : What... my brother, you, health and well-being.