Discussion of the conditions for transmitting a fatwa from a mufti
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Some students of knowledge have stated that transmitting a fatwa from a mufti is not permissible except with four conditions: First: One must know the ruling in the issue.
Second: One must know the evidence.
Third: One must know the mode of argumentation.
Fourth: One must know the answer to the statement of the one who differed, if there is scholarly disagreement in the issue.
And they attributed this statement to Ibn al-Qayyim.
Is this correct, and if it is correct, what is your guidance?
First: It is said to this transmitter from Ibn al-Qayyim: Prove that this is from Ibn al-Qayyim;Because most of those who say: A hadith from the Messenger came in this, or a statement from the Salaf came, or a statement from some of the scholars came,Then he is deluded in his transmission! It is said: Show us the statement of Ibn al-Qayyim; because the statement of Ibn al-Qayyim may be on a different basis than what was understood.
Then, if this is authentic from Ibn al-Qayyim, it is not conceded; because the transmitter is not a mufti according to the fatwa of the mufti,So there is a difference between saying: He says, "So-and-so the Shaykh said: such and such," and he becomes a transmitter, and between that and being asked by this one who sought the scholar's fatwa, then he issues a fatwa without attributing it to the scholar, this is what requires that a person must know the evidence and the argumentation, and be like a mujtahid exactly.
So there is a difference between attributing the statement to the scholar, and issuing a fatwa relying on the statement of a scholar without attributing it to him, the first is a reporter and transmitter, and there is nothing wrong with it,Except that he is certain that the mufti said: Such and such, and as for the second, he is considered a mufti and a mujtahid, and the mufti who is a mujtahid must know the evidence and know the argumentation, and answer the evidence of the one who differed if there is one who differed.
So you first: Ask him for what he mentioned from Ibn al-Qayyim, and then the ruling in the issue as I told you;Meaning: That there is a difference between reporting; that so-and-so issued a fatwa with such and such, and a person issuing a fatwa as if he is independent in the fatwa, this makes him a mujtahid whose ruling is the ruling of the mujtahids.
Second: One must know the evidence.
Third: One must know the mode of argumentation.
Fourth: One must know the answer to the statement of the one who differed, if there is scholarly disagreement in the issue.
And they attributed this statement to Ibn al-Qayyim.
Is this correct, and if it is correct, what is your guidance?
First: It is said to this transmitter from Ibn al-Qayyim: Prove that this is from Ibn al-Qayyim;Because most of those who say: A hadith from the Messenger came in this, or a statement from the Salaf came, or a statement from some of the scholars came,Then he is deluded in his transmission! It is said: Show us the statement of Ibn al-Qayyim; because the statement of Ibn al-Qayyim may be on a different basis than what was understood.
Then, if this is authentic from Ibn al-Qayyim, it is not conceded; because the transmitter is not a mufti according to the fatwa of the mufti,So there is a difference between saying: He says, "So-and-so the Shaykh said: such and such," and he becomes a transmitter, and between that and being asked by this one who sought the scholar's fatwa, then he issues a fatwa without attributing it to the scholar, this is what requires that a person must know the evidence and the argumentation, and be like a mujtahid exactly.
So there is a difference between attributing the statement to the scholar, and issuing a fatwa relying on the statement of a scholar without attributing it to him, the first is a reporter and transmitter, and there is nothing wrong with it,Except that he is certain that the mufti said: Such and such, and as for the second, he is considered a mufti and a mujtahid, and the mufti who is a mujtahid must know the evidence and know the argumentation, and answer the evidence of the one who differed if there is one who differed.
So you first: Ask him for what he mentioned from Ibn al-Qayyim, and then the ruling in the issue as I told you;Meaning: That there is a difference between reporting; that so-and-so issued a fatwa with such and such, and a person issuing a fatwa as if he is independent in the fatwa, this makes him a mujtahid whose ruling is the ruling of the mujtahids.