The opinion regarding one in whom the evidence in a matter conflicts and he is unable to prefer one of the two opinions.
Machine translationRead the Arabic original
The questioner: What is the sayingThe Shaykh : regarding one in whom the evidence in a matter conflicts, and he is unable, based on the evidence, to prefer one of the two opinions, and this matter has occurred for him; so what does he do?
The Shaykh: The intent of the question is not clear to me; repeat it for me.
The questioner: What is the sayingThe Shaykh : regarding one in whom the evidence in a matter conflicts; ... .
The Shaykh : Yes.
The questioner: and he is unable, based on the evidence, to prefer one of the two opinions, and this matter has occurred for him; so what does he do?
The Shaykh: He should take the more cautious path, but I mean, I can hardly digest this scenario, meaning he was unable to make a preference; because the methods of preference are many and very many, and he may find an imam with one of these opinions in whom he trusts his knowledge more than others, so this would be a factor of preference for him, but we say: if this description is true - and he is truly confused in making a preference - he should take the more cautious path, as indicated by his saying (peace be upon him): , so the answer is that he should take what clears his conscience, so one says it is lawful, and another says it is forbidden, so leave what causes doubt for what does not cause doubt, and the matter is ended.
Yes.
The Shaykh: The intent of the question is not clear to me; repeat it for me.
The questioner: What is the sayingThe Shaykh : regarding one in whom the evidence in a matter conflicts; ... .
The Shaykh : Yes.
The questioner: and he is unable, based on the evidence, to prefer one of the two opinions, and this matter has occurred for him; so what does he do?
The Shaykh: He should take the more cautious path, but I mean, I can hardly digest this scenario, meaning he was unable to make a preference; because the methods of preference are many and very many, and he may find an imam with one of these opinions in whom he trusts his knowledge more than others, so this would be a factor of preference for him, but we say: if this description is true - and he is truly confused in making a preference - he should take the more cautious path, as indicated by his saying (peace be upon him):
Consult your heart, even if the muftis have given you a ruling
استفت قلبك وإن أفتاك المفتونAnd if the people give you a fatwa ...
وإن أفتاك الناس ...Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.