What is the Shaykh's ruling on one whose evidence conflicts in a matter and he is unable to prefer one of the two opinions? What should he do?
Machine translationRead the Arabic original
The questioner : What is the Shaykh's ruling on one whose evidence conflicts in a matter, and he is unable, based on the evidence, to prefer one of the two opinions, and this matter has befallen him? What should he do?
The Shaykh : The intent of the question has become clear to me. Repeat it for me.
The questioner : What is the Shaykh's ruling on one whose evidence conflicts in a matter, in a single issue?
The Shaykh : Yes.
The questioner : And he is unable, based on the evidence, to prefer one of the two opinions, and this matter has befallen him, so what should he do? And there is an opinion permitting it.
The Shaykh : He should take the more cautious path. But I mean, I can hardly digest this scenario, meaning he is unable to make a preference, because the methods of preference are many, and very many. He may find an imam who holds one of these opinions and in whom he trusts his knowledge more than others, so this becomes a factor of preference for him. But we say: if this description is true and the man is truly perplexed in making a preference, he should take the more cautious path, as indicated by his saying (peace and blessings be upon him): Sunan ad-Darimi 18:3. So the answer is that he should take what clears his conscience. If one says it is forbidden and another says it is permissible, and no preference is established for him, then leave what causes doubt for what does not cause doubt, and the matter is ended. Yes.
The Shaykh : The intent of the question has become clear to me. Repeat it for me.
The questioner : What is the Shaykh's ruling on one whose evidence conflicts in a matter, in a single issue?
The Shaykh : Yes.
The questioner : And he is unable, based on the evidence, to prefer one of the two opinions, and this matter has befallen him, so what should he do? And there is an opinion permitting it.
The Shaykh : He should take the more cautious path. But I mean, I can hardly digest this scenario, meaning he is unable to make a preference, because the methods of preference are many, and very many. He may find an imam who holds one of these opinions and in whom he trusts his knowledge more than others, so this becomes a factor of preference for him. But we say: if this description is true and the man is truly perplexed in making a preference, he should take the more cautious path, as indicated by his saying (peace and blessings be upon him):