The Criterion in Issuing Fatwas and Concealing Knowledge
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Some students of knowledge are asked questions and they fear answering, worrying about issuing a fatwa without knowledge. They also fear not answering, out of caution against concealing knowledge. What is the criterion in this matter so that they may be safe from both?
The criterion in this is that they should be scrupulous and refrain from issuing fatwas unless it is based on knowledge; for Allah has detailed this completely,So he said: [Al-Isra: 36] .
And Allah the Exalted said: [Al-A'raf: 33] .
This is the criterion.
And the salvation from concealing knowledge is that we say: They did not know, so they did not conceal. If they had known that the ruling was such and such, it would have been obligatory for them to clarify it; but they do not have knowledge.
The questioner: Even if being scrupulous applies to some obvious issues?The Shaykh: Sometimes, issues that are obvious to people are not in accordance with the truth.
The questioner: Meaning: it cannot be called a fatwa?The Shaykh: For example: if asked about riba, is it forbidden or lawful?So yes, he says: Forbidden.
The questioner: Or issues in prayer or the like?The Shaykh: Even regarding prayer, are all its issues known?The questioner: Meaning: the ruling on the one who abandons it?The Shaykh: There is no harm. What is known is known; but as long as they have a doubt or hesitation, they must refrain. In this case, they should ask the brother questioners to write down the questions to present them to the scholars of knowledge.
The questioner: And if they transmit the fatwas -I mean: In their own speech - from the scholars?The Shaykh: If they transmit the fatwa from the scholar, and they are certain that the scholar said so in this specific issue, it is permissible for them to do so.
The questioner: And they attribute it to the scholar?The Shaykh: If they attribute it to the scholar, there is no harm,For example, he says: "I heard so-and-so, or Shaykh so-and-so, was asked about this issue and he said: such and such."
The criterion in this is that they should be scrupulous and refrain from issuing fatwas unless it is based on knowledge; for Allah has detailed this completely,So he said:
And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart - about all those [one] will be questioned.
وَلا تَقْفُ مَا لَيْسَ لَكَ بِهِ عِلْمٌ إِنَّ السَّمْعَ وَالْبَصَرَ وَالْفُؤَادَ كُلُّ أُولَئِكَ كَانَ عَنْهُ مَسْؤُولاًAnd Allah the Exalted said:
Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know."
قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالْأِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَاناً وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَThis is the criterion.
And the salvation from concealing knowledge is that we say: They did not know, so they did not conceal. If they had known that the ruling was such and such, it would have been obligatory for them to clarify it; but they do not have knowledge.
The questioner: Even if being scrupulous applies to some obvious issues?The Shaykh: Sometimes, issues that are obvious to people are not in accordance with the truth.
The questioner: Meaning: it cannot be called a fatwa?The Shaykh: For example: if asked about riba, is it forbidden or lawful?So yes, he says: Forbidden.
The questioner: Or issues in prayer or the like?The Shaykh: Even regarding prayer, are all its issues known?The questioner: Meaning: the ruling on the one who abandons it?The Shaykh: There is no harm. What is known is known; but as long as they have a doubt or hesitation, they must refrain. In this case, they should ask the brother questioners to write down the questions to present them to the scholars of knowledge.
The questioner: And if they transmit the fatwas -I mean: In their own speech - from the scholars?The Shaykh: If they transmit the fatwa from the scholar, and they are certain that the scholar said so in this specific issue, it is permissible for them to do so.
The questioner: And they attribute it to the scholar?The Shaykh: If they attribute it to the scholar, there is no harm,For example, he says: "I heard so-and-so, or Shaykh so-and-so, was asked about this issue and he said: such and such."