Is an authentic hadith a proof in itself, or does it require someone to testify to it from among those who act upon it?
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The questioner : In a question regarding the issue that the one who did not perform the Tawaf of Farewell on the Day of Sacrifice returns in a state of Ihram, you mentioned that this hadith, which al-Tahawi narrated in Ma'ani al-Athar, and Abu Dawud, is authentic, and that it is not a condition for acting upon a hadith that the jurists have acted upon it, because al-Bayhaqi said that it is difficult regarding this hadith that the jurists...
The Shaykh : Who said that?
The questioner : Al-Bayhaqi said that the jurists did not act upon it. So, is it a condition for acting upon this hadith that, for example, one of the Imams acted upon it, or that the action of this matter is narrated from some of the Companions?
The Shaykh : First, we have said in answering such a question about such a hadith that Allah, Blessed and Exalted is He, has guaranteed to the Muslims that He will preserve their Shari'ah for them, and the Shari'ah is nothing but the Book and the authentic Sunnah. Our Lord, Mighty and Majestic, has not guaranteed to preserve for this Ummah who said with a specific hadith from among the authentic hadiths. So, there may be a hadith and we do not know who among the Salaf acted upon it, and that does not mean that no one among the Salaf acted upon it. Therefore, Imam al-Shafi'i stated in his valuable treatise, which is called al-Risalah, that the mere fact that a hadith is established and authentic is sufficient for the obligation of acting upon it, even if we do not know who among the scholars said it, because the Sunnah is an independent source, and it is not required of us to know who acted upon it. Second, there has been found those who acted upon this hadith, as I mentioned, I believe, in the treatise on the rituals of Hajj and 'Umrah, that some of the Salaf acted upon this hadith, among them, and perhaps 'Urwah ibn al-Zubayr. Yes. Therefore, in my opinion, al-Bayhaqi's statement when he mentioned the jurists does not mean, for example, the four Imams, or does not mean the seven jurists, but rather it means something broader than that. If he means a specific number, then we say, and claims are not to be accepted unless you establish clear evidence for them, and their claimants are false claimants. If 'Urwah, who is the son of the noble Companion, al-Zubayr, acted upon this hadith, then that is sufficient for reference, not for proof, because the matter, as we said, is that the hadith is a proof in itself and does not need someone from among those who act upon it to testify to it. But since there has been found here someone who acted upon it, it is sufficient for us to say that the hadith, after its establishment, must be acted upon. And whoever does not feel reassured about acting upon a hadith of which he does not know an actor, we have presented to him someone who acted upon it, and this is sufficient for proof with this hadith.
The Shaykh : Who said that?
The questioner : Al-Bayhaqi said that the jurists did not act upon it. So, is it a condition for acting upon this hadith that, for example, one of the Imams acted upon it, or that the action of this matter is narrated from some of the Companions?
The Shaykh : First, we have said in answering such a question about such a hadith that Allah, Blessed and Exalted is He, has guaranteed to the Muslims that He will preserve their Shari'ah for them, and the Shari'ah is nothing but the Book and the authentic Sunnah. Our Lord, Mighty and Majestic, has not guaranteed to preserve for this Ummah who said with a specific hadith from among the authentic hadiths. So, there may be a hadith and we do not know who among the Salaf acted upon it, and that does not mean that no one among the Salaf acted upon it. Therefore, Imam al-Shafi'i stated in his valuable treatise, which is called al-Risalah, that the mere fact that a hadith is established and authentic is sufficient for the obligation of acting upon it, even if we do not know who among the scholars said it, because the Sunnah is an independent source, and it is not required of us to know who acted upon it. Second, there has been found those who acted upon this hadith, as I mentioned, I believe, in the treatise on the rituals of Hajj and 'Umrah, that some of the Salaf acted upon this hadith, among them, and perhaps 'Urwah ibn al-Zubayr. Yes. Therefore, in my opinion, al-Bayhaqi's statement when he mentioned the jurists does not mean, for example, the four Imams, or does not mean the seven jurists, but rather it means something broader than that. If he means a specific number, then we say, and claims are not to be accepted unless you establish clear evidence for them, and their claimants are false claimants. If 'Urwah, who is the son of the noble Companion, al-Zubayr, acted upon this hadith, then that is sufficient for reference, not for proof, because the matter, as we said, is that the hadith is a proof in itself and does not need someone from among those who act upon it to testify to it. But since there has been found here someone who acted upon it, it is sufficient for us to say that the hadith, after its establishment, must be acted upon. And whoever does not feel reassured about acting upon a hadith of which he does not know an actor, we have presented to him someone who acted upon it, and this is sufficient for proof with this hadith.
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