Who is the mujtahid? And an explanation of the reality of the scholar.
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The questioner: Your Eminence, the Shaykh, is there a ... between the scholar who is a mujtahid and the mujtahid ... .
The Shaykh: No, there is no disagreement on that. In fact, the mujtahid is a scholar, and a scholar is not a scholar unless he is a mujtahid. If he is asked for a ruling, he is a mufti; if he is not asked, he is not a mufti. However, every mufti must be a scholar; that is, he must be a mujtahid. Is that clear?
That is why it is stated in the books of the Hanafis: "It is not permissible to appoint an ignorant person to the judiciary." This is in the main text, so the commentators, such as Ibn al-Humam, explained the word "ignorant" by saying: it means the one who follows a scholar without knowing his evidence (mقلd). Therefore, the one who follows a scholar without knowing his evidence is not appointed to the judiciary; because the one who should judge between people should be a scholar, and the one who follows a scholar without knowing his evidence is ignorant. Therefore, the scholar is the mujtahid, and applying the term "scholar" to scholars who follow others without knowing their evidence is a matter of leniency or using a figurative expression. Otherwise, the scholar is the one who says: "Allah said, the Messenger of Allah said." He (peace and blessings be upon him) pointed to this reality in his saying.
Another questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
Sahih al-Bukhari 100 , ; that is, those who follow scholars without knowing their evidence; because knowledge is not attained except through knowing the Book and the Sunnah. This hadith applies to the Muslims for a long time; because the only ones who issue rulings for them are ignorant followers of scholars who have no knowledge of the Book and the Sunnah. Therefore, rulings come out that permit what Allah has forbidden = -- And upon you be peace, the mercy of Allah, and His blessings -- = rulings come out today in official positions that permit what Allah has forbidden due to their ignorance of the Book and the Sunnah.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The Shaykh: No, there is no disagreement on that. In fact, the mujtahid is a scholar, and a scholar is not a scholar unless he is a mujtahid. If he is asked for a ruling, he is a mufti; if he is not asked, he is not a mufti. However, every mufti must be a scholar; that is, he must be a mujtahid. Is that clear?
That is why it is stated in the books of the Hanafis: "It is not permissible to appoint an ignorant person to the judiciary." This is in the main text, so the commentators, such as Ibn al-Humam, explained the word "ignorant" by saying: it means the one who follows a scholar without knowing his evidence (mقلd). Therefore, the one who follows a scholar without knowing his evidence is not appointed to the judiciary; because the one who should judge between people should be a scholar, and the one who follows a scholar without knowing his evidence is ignorant. Therefore, the scholar is the mujtahid, and applying the term "scholar" to scholars who follow others without knowing their evidence is a matter of leniency or using a figurative expression. Otherwise, the scholar is the one who says: "Allah said, the Messenger of Allah said." He (peace and blessings be upon him) pointed to this reality in his saying.
Another questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
Allah does not take away the knowledge, by taking it away from (the hearts of) the people, but takes it away by the death of the religious learned men till when none of the (religious learned men) remains, people will take as their leaders ignorant persons who when consulted will give their verdict without knowledge. So they will go astray and will lead the people astray.
إن الله لا ينتزع العلم انتزاعًا من صدور العلماء ، ولكنه يقبض العلم بقبض العلماء ؛ حتى إذا لم يُبقِ عالمًا اتَّخذ الناسُ رؤوسًا جُهَّالًا ، فسُئِلوا فأفتَوا بغير علمٍ ؛ فضلُّوا وأضلُّواThey took ignorant heads.
اتَّخذوا رؤوسًا جُهَّالًاThe questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.