When Ibn al-Mundhir mentions consensus on an issue, does he mean general consensus or something else, such as the consensus of the Shafi'is, for example?

The questioner : May Allah preserve you, when Ibn al-Mundhir mentions consensus on an issue, does he mean general consensus or something else, such as the consensus of the Shafi'is, for example?

The Shaykh : No, it is very clear that he means the consensus of the scholars, not the consensus of a single school of jurisprudence like the Shafi'is, considering that he was one of them. However, what should be noted here regarding such transmitted consensuses is that they are often from matters of dispute. So when a person says, "They agreed on such and such," this is limited to what he has come to know. Often, there are those who contradicted the transmitted consensus, thereby invalidating it with such contradiction. One who looks at the book *Ratbat al-Ijma'* by Abu Muhammad Ibn Hazm and the commentary of Shaykh al-Islam Ibn Taymiyyah on it will find many of the consensuses claimed by Ibn Hazm to be invalidated by Shaykh al-Islam Ibn Taymiyyah's critique of him. With the observation of a very important point: Ibn Hazm is one of the very few scholars who does not expand in claiming consensus on some issues. He often, when researching some jurisprudential issues in his book *Al-Muhalla*, often transmits the claim of some scholars regarding their consensus on what some people held; and he hastens to invalidate that consensus by transmitting from some of the Tabi'un or those below them, with their correct chains of narration, that they said the opposite of that consensus.
And the best in such claims is to say, "The scholars agreed," and not to say, "They reached consensus"; because consensus is very difficult to transmit and to verify its establishment. As for agreement, it means that the words of those whose statements the claimant of agreement reached in the issue were in agreement and concordance. So then, the one who says, "They agreed," is closer to the truth than the one who says, "They reached consensus," in such an agreement.
And in conclusion, I say: Among the wonderful words of Imam Ahmad (may Allah have mercy on him), which are narrated from him with a correct chain, is what his son Abdullah narrated in *Masailuhu 'an Abihi* (His Questions to His Father) that he said: "Whoever claims consensus has lied, and how does he know? Perhaps they differed!" This is the truth regarding what is transmitted in the aforementioned book of Ibn al-Mundhir, that many of the consensuses in it are invalidated by those who came after him; because his knowledge encompassed those whose knowledge Ibn al-Mundhir did not encompass. Therefore, the consensus that cannot be denied is what Ibn Hazm (may Allah have mercy on him) himself expresses when he spoke about consensus in his book *Al-Ihkam fi Usul al-Ahkam*; he mentioned there that there is no consensus except what is equal to what is known from the religion by necessity. This means that all Muslims, their scholars and those below them, are in agreement on something, whether it is lawful or forbidden. This is the consensus known from the religion by necessity. And similar to this—meaning this consensus—is what Imam al-Shafi'i inclined to in his famous book *Al-Risalah* or in others, when he argued for its correctness by saying—Blessed and Exalted is He—: .
The point in this verse is the right of Allah—Blessed and Exalted is He—His saying—Mighty and Majestic—: regarding His saying at the beginning of this verse: , He said—Exalted is He—: , He did not say, "And whoever opposes the Messenger after the guidance has become clear to him, We will turn him to what he has turned to and cast him into Hell, and evil is the destination." Rather, He mentioned between the two sentences His saying—Mighty and Majestic—: ; because the path of the believers is this, the consensus that every Muslim who wants to be from the saved sect described by the Prophet (peace and blessings be upon him) in the famous hadith that says at its end: . They said: Who are they, O Messenger of Allah? He said: . The community are the Companions, as in another narration in the Sunan, *Sunan al-Nasa'i* and others. So this community is the path of the believers, and whoever contradicts them has opposed Allah and His Messenger. And so, the verse provided here a strong indication to the consensus, and whoever contradicts it has exited the community of Muslims and strayed far astray.
Yes.