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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on using a mursal report as evidence? And can it be strengthened?

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The Shaykh : ... The issue is regarding using the mursal as evidence and its critique, not if there is a ... witness that strengthens it from another mursal ... or ... mawquf; therefore, it is excluded from the hadith scholars who denied using the mursal hadith as evidence that ... Imam al-Shafi'i is among them, rather, Imam al-Shafi'i agrees with them, but he clarified that if a witness comes for it, it is strengthened by it, and this statement of his does not contradict the hadith scholars who held that a weak hadith is strengthened by the multiplicity of chains.
As for the claim that Imam Malik is from the people of hadith and that he used the mursal as evidence; the answer to that is from two angles: The first is that the intended meaning of "hadith scholars" is those who distinguished themselves from other scholars by their affiliation to hadith ... in that Imam Malik is to be among the hadith scholars, but jurisprudence predominated over him; therefore, he became one of the four imams of jurisprudence; thus, it becomes clear by this that Imam Malik using the mursal as evidence does not contradict our previous statement that the imams of hadith do not use the mursal as evidence, and Imam Malik is more of a jurist than a hadith scholar, so what is the correct position from this disagreement that we mentioned recently?
We have no doubt that the correct position is with the hadith scholars, and that is for two reasons:
The first reason is that it is obligatory to refer to the specialists in every science; so if there are jurists and hadith scholars, and one who has no knowledge of hadith or jurisprudence wants to ... there is no doubt that he referred to the specialists in each of the two sciences, hadith and jurisprudence, and our current discussion is naturally a hadith discussion, so if we know that the hadith scholars held that the mursal is not used as evidence and the jurists contradicted them; then it is clear and evident that the evidence here is for what the specialists held, and they are the people of hadith.
As for the other angle by which we prefer that the mursal is not evidence; it is that it necessitates - as Imam Ibn Hibban said - it necessitates that those who say using the mursal as evidence must bring any mursal, even if it is from the end of time; meaning, if we use the mursal of the Tabi'un as evidence, the question arises here: why do we not use the mursal of the Tabi' al-Tabi'in as evidence? And we love, as we say, using the mursal as evidence is trusting the one who sent it, which is the Tabi'i here, so as long as this sender, the Tabi'i, is trustworthy, we have a good opinion of him, and we say: either he heard this hadith from the Companions, or he heard it from a trustworthy person among the Tabi'un who received it from a Companion; if this is the argument of those who say using the mursal hadith as evidence, then what we indicated earlier is necessitated for them; which is using the mursal as evidence, even if it is from the end of time, they approved it by logic, a Tabi' al-Tabi'i said: The Messenger of Allah (peace and blessings be upon him) said, and he is trustworthy, we should use his mursal as evidence for the same reason that those who said the mursal of the Tabi'i is used as evidence, and so a Tabi' al-Tabi'i comes and says: The Messenger of Allah (peace and blessings be upon him) said, and we use his hadith as evidence; because he is trustworthy, so it proceeds without us lengthening the speech, so-and-so said: The Messenger of Allah (peace and blessings be upon him) said; we should use it as evidence, even if it were not for the people of hadith at all, based on the fact that he is a trustworthy, noble imam, and so on, Ibn Hibban said finally: And by that, the entire science of hadith is destroyed!!
... We say, any narrator, whether he is a Tabi'i or below him: "The Messenger of Allah said," and he is trustworthy with us; then it is obligatory, according to the method of those who used the mursal as evidence, that we use every mursal on earth as evidence ... truly that ... with the mursal hadiths ... for the experts in hadith, it is impossible to use the mursal as evidence because it is mursal.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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