What is the meaning of their saying, "This is a matter of ijtihad"?
Machine translationRead the Arabic original
The questioner : What is the meaning of their saying, "This is a matter of ijtihad"? Do they mean that there is no evidence in it at all, or do they mean that there is no explicit text in it, though there may be a general or apparent evidence?
The Shaykh : As for a matter in which there is no evidence for it or against it at all, that cannot be what is intended. The intention is that there is no explicit text that resolves the disagreement, and the matter remains one where disagreement is permissible and allowed. This is unlike another matter in which there is a text in the Shari'ah; in that case, the disagreement persists not because the evidence supporting one side of the disagreement is unclear, but because of the persistence of madhhab (school of jurisprudence) partisanship. In that case, one does not say the matter is a matter of ijtihad as long as there is a text for it. As for a matter in which the perspectives differ in understanding a unified text, where there is no other text to help determine the intended meaning of the single text, this is what we understand from the phrase mentioned.
The questioner : For example, some people say, for instance, that ijtihad matters may be of different types. For example, as I mentioned or referred to, there may be texts in the matter that appear to contradict each other, so one person leans toward one text and another leans toward another text. Sometimes, the text may be clear in prohibition or prevention, but the text is left aside, or, for example, the text is left aside for a stronger maslahah (public benefit), for example, for a stronger maslahah.
The Shaykh : The text is left aside for a maslahah
The questioner : that is stronger
The Shaykh : stronger than what?
The questioner : For example, if a person is presented with the option of going to Hajj, for example, or to 'Umrah, but he cannot do so except by imagining that... and so on. For example, he considers performing the obligation of Hajj, for example, more important in his view. He considers this a matter of ijtihad because he is imagining, and the texts in it are clear. Is it appropriate for this to be an example of a matter of ijtihad?
The Shaykh : First, my brother, the issue of a matter of ijtihad is only said regarding scholars. As for the general people, this matter does not apply to them. The ruling for the general people is to implement the word of Allah, Blessed and Exalted is He:[An-Nahl 16:43] As for letting me call it philosophy, this philosophy is for other people who do not know; it is not required of the masses of Muslims. Rather, they must consult a scholar in whose knowledge, righteousness, and taqwa (mindfulness of Allah) they trust, and they must adopt whatever he rules for them. As for "this is a matter of ijtihad," this returns to scholars or strong students of knowledge.
The questioner : ... Scholars, I mean, when, for example, they differ in the images, some may prohibit, saying, "I cannot do this Hajj due to this Shari'ah obstacle, which is the presence of images, for example."
The Shaykh : So, if he fears Allah, Mighty and Majestic, in that, and he is truly from the people of knowledge, he is not the first to differ from others. Such disagreement occurred among the earliest Salaf.
The questioner : So, what is the meaning of the Salaf saying, for example, "I say in this with my opinion"?
The Shaykh : That he does not have an explicit text regarding it.
The questioner : But
Another questioner : And is it permissible for him to say in the matter, "with my opinion"?
The Shaykh : And is it permissible for him to do otherwise?
Another questioner : Yes, he stops.
The Shaykh : How does he stop?
Another questioner : He stops in such a way that he does not issue a fatwa in this matter while he does not know, saying, "Allah knows best."
The Shaykh : So here is a discussion: Is opinion one category, or is it more than one category, as it appears to you?
The questioner : It appears to me that it is more than one category.
The Shaykh : Well, are all these categories equal in blame or praise?
The questioner : No
The Shaykh : So the answer is in your answer.
The Shaykh : As for a matter in which there is no evidence for it or against it at all, that cannot be what is intended. The intention is that there is no explicit text that resolves the disagreement, and the matter remains one where disagreement is permissible and allowed. This is unlike another matter in which there is a text in the Shari'ah; in that case, the disagreement persists not because the evidence supporting one side of the disagreement is unclear, but because of the persistence of madhhab (school of jurisprudence) partisanship. In that case, one does not say the matter is a matter of ijtihad as long as there is a text for it. As for a matter in which the perspectives differ in understanding a unified text, where there is no other text to help determine the intended meaning of the single text, this is what we understand from the phrase mentioned.
The questioner : For example, some people say, for instance, that ijtihad matters may be of different types. For example, as I mentioned or referred to, there may be texts in the matter that appear to contradict each other, so one person leans toward one text and another leans toward another text. Sometimes, the text may be clear in prohibition or prevention, but the text is left aside, or, for example, the text is left aside for a stronger maslahah (public benefit), for example, for a stronger maslahah.
The Shaykh : The text is left aside for a maslahah
The questioner : that is stronger
The Shaykh : stronger than what?
The questioner : For example, if a person is presented with the option of going to Hajj, for example, or to 'Umrah, but he cannot do so except by imagining that... and so on. For example, he considers performing the obligation of Hajj, for example, more important in his view. He considers this a matter of ijtihad because he is imagining, and the texts in it are clear. Is it appropriate for this to be an example of a matter of ijtihad?
The Shaykh : First, my brother, the issue of a matter of ijtihad is only said regarding scholars. As for the general people, this matter does not apply to them. The ruling for the general people is to implement the word of Allah, Blessed and Exalted is He:
So ask the people of the message if you do not know.
فاسألوا أهل الذكر إن كنتم لا تعلمونThe questioner : ... Scholars, I mean, when, for example, they differ in the images, some may prohibit, saying, "I cannot do this Hajj due to this Shari'ah obstacle, which is the presence of images, for example."
The Shaykh : So, if he fears Allah, Mighty and Majestic, in that, and he is truly from the people of knowledge, he is not the first to differ from others. Such disagreement occurred among the earliest Salaf.
The questioner : So, what is the meaning of the Salaf saying, for example, "I say in this with my opinion"?
The Shaykh : That he does not have an explicit text regarding it.
The questioner : But
Another questioner : And is it permissible for him to say in the matter, "with my opinion"?
The Shaykh : And is it permissible for him to do otherwise?
Another questioner : Yes, he stops.
The Shaykh : How does he stop?
Another questioner : He stops in such a way that he does not issue a fatwa in this matter while he does not know, saying, "Allah knows best."
The Shaykh : So here is a discussion: Is opinion one category, or is it more than one category, as it appears to you?
The questioner : It appears to me that it is more than one category.
The Shaykh : Well, are all these categories equal in blame or praise?
The questioner : No
The Shaykh : So the answer is in your answer.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.