The Shaykh’s explanation of the rule: “The one who memorizes is a proof against the one who did not memorize.”

The questioner : For example, there is an old point of scholarly disagreement, and it is regrettable that this disagreement in this issue and similar ones persists despite the clarity of the evidence with those who affirmed it, rather than with those who denied it. For instance, in the prayer, the issue is a simple branch matter, as they say, but unfortunately it has bitter consequences. The disagreement has lasted for over a thousand years between the Hanafis, the Shafi'is, and others regarding raising the hands in prayer. The Hanafi school says it is disliked to raise the hands in prayer except at the opening takbir. The majority says it is a recommended practice (sunnah). The Hanafis have no evidence except a hadith containing a denial, meaning it contains no knowledge. This hadith is narrated from 'Abdullah ibn Mas'ud (may Allah be pleased with him) that he said to his companions one day, “Shall I pray for you the prayer of the Messenger of Allah (peace and blessings be upon him)?” So he prayed, raising his hands and saying takbir, then he did not return to raising them. The Hanafis took this hadith and said that raising the hands is not prescribed. Meanwhile, the majority has many hadiths in the two Sahihs, the Sunans, the Musnads, and other sources from more than twenty Companions, all of whom affirm this raising from the Prophet (peace and blessings be upon him). So if we apply this rule, we are relieved of the disagreement. The one who affirmed the raising means he saw the Prophet (peace and blessings be upon him) raising his hands, so he has knowledge. The one who denied the raising means he did not see the Messenger (peace be upon him). We do not blame him or say to him, “Why did you not see it? How was this hidden from you?” A person has limits and limited capacities. But we say to those who cling to this report denying the raising of the hands: Why do you take the position contrary to the rule that you yourselves acknowledge and establish in the principles of jurisprudence? “The one who memorizes is a proof against the one who did not memorize”. The group of Companions, such as Ibn 'Umar, Malik ibn Huwayris, Anas ibn Malik, and many others, some named and some not, all say that the Messenger of Allah (peace and blessings be upon him) used to raise his hands at the bowing and when rising from it. Ibn Mas'ud did not see that, and therefore it is not established from him that he raised his hands. His Kufan companions followed his path and took his way. So there is no blame on Ibn Mas'ud, for this is what he knew or what reached him. But to be biased in his favor and take his hadith... is contrary to this agreed-upon rule: “The one who knows is a proof against the one who does not know, and the one who memorizes is a proof against the one who did not memorize”. Therefore, Imam al-Bukhari (may Allah have mercy on him) established the proof in his specific treatise that he authored on raising the hands in the disputed issue. He established the proof against those who deny the legitimacy of raising the hands at the bowing... using this rule. He said that this rule is taken from more textual evidence than he mentioned the story of the disagreement between the two noble Companions, one of whom was Ibn 'Umar regarding Bilal, and the other was Ibn 'Abbas. Bilal said to Ibn 'Umar, and 'Umar narrated from him, that he entered with the Prophet (peace and blessings be upon him) into the interior of the Ka'bah, in the middle of the Ka'bah, and prayed two rak'ahs. He described in detail that when he prayed the two rak'ahs, there was about two cubits between him and the wall of the Ka'bah, and there was a pillar to his right and a pillar to his left, so he prayed between the pillars. This description means he had knowledge that he was describing the prayer of the Messenger (peace be upon him) in that pure place in detail. When the Messenger (peace be upon him) came out with his companions, Ibn 'Umar met them and asked Bilal, and Bilal mentioned to him that the Messenger (peace be upon him) had prayed two rak'ahs like this. Ibn 'Abbas said he did not enter the Ka'bah and did not pray except facing the Ka'bah, meaning outside of it, facing it. Both hadiths are in the Sahih of al-Bukhari. Al-Bukhari (may Allah have mercy on him), after narrating the reports from the two noble Companions, both of whom are trustworthy, said: Which report did the scholars take? They took the report of the one who affirmed, because the one who affirmed had knowledge, and the one who denied did not know. So we do not say to him, as we said earlier, “Why did you not know?” But we benefit from the one who knew, in a way we do not benefit from the one who did not know.
From this hadith and similar ones, this rule was established: “The one who knows is a proof against the one who does not know, and the one who memorizes is a proof against the one who did not memorize”. With this rule, many problems are solved. I do not miss the opportunity to say that the issue of disagreement regarding raising the hands is indeed a branch matter and simple, as they say, but very serious things have resulted from it. Among them is that praying behind one who raises his hands is forbiddenly disliked. And from the effect of this opinion, the imams of the Muslims in the mosques have been separated for hundreds of years into more than one imam in the same mosque. This one is a Hanafi, this one is a Shafi'i, and this varies according to the country. If the country is under the dominance and power of one school, there is only one imam. If the dominance and power are of two schools, there must be two imams, otherwise four. This is what we used to see until recently in the Great Mosque here in the Mosque of Banu Umayyah. Four mihrabs, with an imam in each mihrab: a Hanafi, a Shafi'i, a Maliki, and a Hanbali. So where did this division come from? From these disagreements that they call easy and simple. Raising the hands in prayer is forbiddenly disliked because that is what our school says, meaning the Hanafi school. And praying behind one who raises his hands is also disliked, branching from that opinion. So to escape the dislike, we take an imam who prays according to our school... and similar disagreements.
Therefore, the Muslims, their jurists and students of knowledge among them, should try to eliminate such disagreements by returning to the rules and principles on which they agreed, including “The one who knows is a proof against the one who does not know”.