A wonderful explanation by the Shaykh (may Allah have mercy on him) regarding the statement of Shaykh al-Islam Ibn Taymiyyah that the consensus of the people of Madinah is on four levels.
Machine translationRead the Arabic original
The questioner : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon the noblest of messengers, and upon his family, his Companions, and the followers. Before anything else, I inform you, O honorable one,The Shaykh : that I love you for the sake of Allah (Mighty and Majestic). Ask Allah (Mighty and Majestic) for success and correctness for us?
The Shaykh : May Allah love you for the sake of which you loved me.
The questioner : The first question: Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says: "The consensus of the people of Madinah is on four levels. The first: what is in the nature of transmission from the Prophet (peace and blessings be upon him), such as their transmission of the measure of the sa' and the mudd. This is what is a proof by the agreement of the scholars. The second: the old practice in Madinah before the killing of 'Umar ibn al-Khattab (may Allah be pleased with him) — to the end of his words — and its implication is that it is a proof according to the four schools. The third: when two pieces of evidence conflict in an issue and it is unknown which is stronger, and one of them is practiced by the people of Madinah, there is disagreement, and the majority is for preferring it. The fourth: the later practice in Madinah, which the scholars of the people hold is not a legal proof." So what is the sayingThe Shaykh : regarding this four-part classification by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him)?
The Shaykh : There is no doubt that it contains what one cannot deviate from adopting, such as the first category. And in order to be mindful of these four categories and to answer well about each one of them, we should remember and mention each category individually. So what is the first category?
The questioner : As for the first, he said: "What is in the nature of transmission from the Prophet (peace and blessings be upon him), such as their transmission of the measure of the sa' and the mudd. He said: 'This is what is a proof by the agreement of the scholars.'"
The Shaykh : This is what I referred to earlier, that there is no way to avoid adopting and building upon it, because it is what the practice was based on by the earliest predecessors, in Madinah, where legislation mostly descended, and the Messenger of Allah (peace and blessings be upon him) passed away on the day Allah completed his religion for him while he was in it. So whatever the practice of the Muslims was in this blessed city, there is no doubt that this practice is a proof without disagreement or contention. But this, naturally, is what Ibn Taymiyyah means if there is no text that contradicts this attributed to the consensus of the people of Madinah, which they inherited from successor to predecessor. The discussion, therefore, revolves around when we do not have anything from the Book or the Sunnah that contradicts the practice of the people of Madinah. In this case, there is no doubt that their practice is a clear proof. He gave an example of that, the measure of the sa', and by this he is referring to a story that was reported, that Malik (may Allah have mercy on him) differed with one of the students of Imam Abu Hanifah regarding the measure of the sa'. What Malik did was order one of those present to bring the sa' that he had inherited from his father, and he from those before him, meaning from the Companions. So this sa' was brought and weighed in the presence of the caliph. The student of Abu Hanifah, and I think it was mostly Abu Yusuf, had no choice but to accept this evidence, because it is something the people of Madinah inherited from their fathers. So this first category is, without doubt, as Shaykh al-Islam Ibn Taymiyyah says, a proof by agreement. What is the second category?
The questioner : "As for the second, the old practice in Madinah before the killing of 'Umar ibn al-Khattab" to the end of it, "and its implication is that it is a proof according to the four schools."
The Shaykh : Yes, in reality, it is objected to this that it is difficult to determine what was before the fitnah and what was after the fitnah. But if it is established, as is the claim of Ibn Taymiyyah, that the practice of the people of Madinah before the fitnah of 'Umar ibn al-Khattab was on something, then it is also a proof with the condition we mentioned earlier in the first category. Is that clear?
The questioner: Yes.
The Shaykh : The third category?
The questioner : "The third category: when two pieces of evidence conflict in an issue and it is unknown which is stronger, and one of them is practiced by the people of Madinah, there is disagreement, and the majority is for preferring it."
The Shaykh : This is also clear, because when the jurist is lacking the evidence that prefers and favors one side over another, he then seeks what he can take comfort in and use to strengthen one of the two evidences. So if there are two conflicting evidences, and there is no way to prefer one over the other except by matching what one of them indicates with the practice of the people of Madinah, then there is no doubt that this will be an acceptable preference. As we say today, for example, if there is an opinion in the interpretation of a hadith, let alone a noble verse, and this interpretation was stated by some of the Salaf, then some of the Khalaf came after them and brought another opinion, and we have nothing to prefer the first opinion over the second except that the first opinion was adopted or explicitly stated by some of the Salaf, then this is sufficient for us to prefer it over the opinion of the Khalaf, as long as they do not have evidence that prefers their interpretation and their opinion in interpreting the text from the Book and the Sunnah over the interpretation of those Salaf. So if the preference here is the practice of the people of Madinah without disagreement among them, then it is, without doubt, as Ibn Taymiyyah mentioned, and it should be the opinion of the majority. But I personally cannot encompass what Ibn Taymiyyah encompassed and say it is the opinion of the majority, or it is not the opinion of the majority. But I say it is an acceptable preference. If it is joined with the fact that it is the opinion of the majority, then it is light upon light. Yes.
The questioner : The fourth is the later practice in Madinah. Shaykh al-Islam said: "So what the scholars of the people hold is that it is not a legal proof."
The Shaykh : In that case, the practice of the people of Madinah is like the practice of any other city, which has a preference or virtue in some other cities, or with some other scholars, like the practice, for example, of the people of Kufa, because Kufa had many of the great jurists and scholars. So some of them may prefer what the scholars of Kufa were upon, just as preferring what the scholars of Madinah were upon in their later time. This does not benefit anything in the matter, so this school of thought is the weaker position. So what I quoted from Ibn Taymiyyah (may Allah have mercy on him), there is no doubt that it is the truth in what he affirmed first, second, and third, and in what he denied fourth. Yes.
The questioner: His EminenceThe Shaykh : I heard in a previous tape of yours, and one of our brothers, a student of knowledge, asked you about the practice of the people of Madinah, so you answered briefly and with a slight deviation: a Maliki innovation.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings. How?
The questioner : So I mentioned to him, as I remember, and I said: It is a Maliki innovation. So how do we reconcile, O honorable one,The Shaykh : between this and that?
The Shaykh : Yes, there is nothing strange about it after what you have heard and read, because the people of Madinah do not make this distinction, as the Maliki school does not make this distinction. They adopt the methodology of the people of Madinah absolutely. This is found even in the Muwatta, where some statements from the Imam himself are recorded regarding leaving the practice of a certain hadith because it contradicts the practice of the people of Madinah. Then it is established that this practice of the people of Madinah, which he inclined toward, is the later one, and that in the early period in Madinah, people like Sa'id ibn al-Musayyib held views different from what is attributed to the methodology of the people of Madinah. So, we reject what the Maliki school is upon, just as we reject, for example, people who follow the Imams blindly. However, if the Imams agree on something and we have nothing to contradict that, then we here incline toward relying on the saying of Allah the Exalted:[An-Nisa 4:115] So, at the same time that we forbid taqlid (following a scholar without knowing his evidence) and criticize those who practice it, because their plan in taqlid is to contradict the texts of the Shari'ah from the Book and the Sunnah, at the same time we encourage Muslims to follow the ways of the predecessors and not to deviate from them with new opinions or rare jurisprudence and the like. Likewise, we reject the Malikis for setting aside the texts of the Shari'ah merely because it is said that the practice of the people of Madinah is contrary to this text or this hadith. You know, for example, even today—and I mean specifically today, with the existence of what is called today the awakening, which is undoubtedly a reality for which we thank Allah, where there are found in the Islamic world things that did not exist thirty years ago, specifically people who say "the Book and the Sunnah" and who argue with the Book and the Sunnah, even if it contradicts the school of jurisprudence upon which their fathers and grandfathers were. But despite that, you find the Malikis, generally speaking, lower their hands in prayer. Why? They claim that this is the practice of the people of Madinah, and that hadiths like these are contrary to the practice of the people of Madinah. So, the school of adopting the practice of the people of Madinah has become a means to demolish the Sunnah, whether this claimed practice is recent or old. The distinction mentioned by Ibn Taymiyyah is one thing, and what the Malikis are upon is another. So, do not be confused by what you heard in the tape you referred to, and by that, if Allah wills, the contradiction will be resolved.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The Shaykh : May Allah love you for the sake of which you loved me.
The questioner : The first question: Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says: "The consensus of the people of Madinah is on four levels. The first: what is in the nature of transmission from the Prophet (peace and blessings be upon him), such as their transmission of the measure of the sa' and the mudd. This is what is a proof by the agreement of the scholars. The second: the old practice in Madinah before the killing of 'Umar ibn al-Khattab (may Allah be pleased with him) — to the end of his words — and its implication is that it is a proof according to the four schools. The third: when two pieces of evidence conflict in an issue and it is unknown which is stronger, and one of them is practiced by the people of Madinah, there is disagreement, and the majority is for preferring it. The fourth: the later practice in Madinah, which the scholars of the people hold is not a legal proof." So what is the sayingThe Shaykh : regarding this four-part classification by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him)?
The Shaykh : There is no doubt that it contains what one cannot deviate from adopting, such as the first category. And in order to be mindful of these four categories and to answer well about each one of them, we should remember and mention each category individually. So what is the first category?
The questioner : As for the first, he said: "What is in the nature of transmission from the Prophet (peace and blessings be upon him), such as their transmission of the measure of the sa' and the mudd. He said: 'This is what is a proof by the agreement of the scholars.'"
The Shaykh : This is what I referred to earlier, that there is no way to avoid adopting and building upon it, because it is what the practice was based on by the earliest predecessors, in Madinah, where legislation mostly descended, and the Messenger of Allah (peace and blessings be upon him) passed away on the day Allah completed his religion for him while he was in it. So whatever the practice of the Muslims was in this blessed city, there is no doubt that this practice is a proof without disagreement or contention. But this, naturally, is what Ibn Taymiyyah means if there is no text that contradicts this attributed to the consensus of the people of Madinah, which they inherited from successor to predecessor. The discussion, therefore, revolves around when we do not have anything from the Book or the Sunnah that contradicts the practice of the people of Madinah. In this case, there is no doubt that their practice is a clear proof. He gave an example of that, the measure of the sa', and by this he is referring to a story that was reported, that Malik (may Allah have mercy on him) differed with one of the students of Imam Abu Hanifah regarding the measure of the sa'. What Malik did was order one of those present to bring the sa' that he had inherited from his father, and he from those before him, meaning from the Companions. So this sa' was brought and weighed in the presence of the caliph. The student of Abu Hanifah, and I think it was mostly Abu Yusuf, had no choice but to accept this evidence, because it is something the people of Madinah inherited from their fathers. So this first category is, without doubt, as Shaykh al-Islam Ibn Taymiyyah says, a proof by agreement. What is the second category?
The questioner : "As for the second, the old practice in Madinah before the killing of 'Umar ibn al-Khattab" to the end of it, "and its implication is that it is a proof according to the four schools."
The Shaykh : Yes, in reality, it is objected to this that it is difficult to determine what was before the fitnah and what was after the fitnah. But if it is established, as is the claim of Ibn Taymiyyah, that the practice of the people of Madinah before the fitnah of 'Umar ibn al-Khattab was on something, then it is also a proof with the condition we mentioned earlier in the first category. Is that clear?
The questioner: Yes.
The Shaykh : The third category?
The questioner : "The third category: when two pieces of evidence conflict in an issue and it is unknown which is stronger, and one of them is practiced by the people of Madinah, there is disagreement, and the majority is for preferring it."
The Shaykh : This is also clear, because when the jurist is lacking the evidence that prefers and favors one side over another, he then seeks what he can take comfort in and use to strengthen one of the two evidences. So if there are two conflicting evidences, and there is no way to prefer one over the other except by matching what one of them indicates with the practice of the people of Madinah, then there is no doubt that this will be an acceptable preference. As we say today, for example, if there is an opinion in the interpretation of a hadith, let alone a noble verse, and this interpretation was stated by some of the Salaf, then some of the Khalaf came after them and brought another opinion, and we have nothing to prefer the first opinion over the second except that the first opinion was adopted or explicitly stated by some of the Salaf, then this is sufficient for us to prefer it over the opinion of the Khalaf, as long as they do not have evidence that prefers their interpretation and their opinion in interpreting the text from the Book and the Sunnah over the interpretation of those Salaf. So if the preference here is the practice of the people of Madinah without disagreement among them, then it is, without doubt, as Ibn Taymiyyah mentioned, and it should be the opinion of the majority. But I personally cannot encompass what Ibn Taymiyyah encompassed and say it is the opinion of the majority, or it is not the opinion of the majority. But I say it is an acceptable preference. If it is joined with the fact that it is the opinion of the majority, then it is light upon light. Yes.
The questioner : The fourth is the later practice in Madinah. Shaykh al-Islam said: "So what the scholars of the people hold is that it is not a legal proof."
The Shaykh : In that case, the practice of the people of Madinah is like the practice of any other city, which has a preference or virtue in some other cities, or with some other scholars, like the practice, for example, of the people of Kufa, because Kufa had many of the great jurists and scholars. So some of them may prefer what the scholars of Kufa were upon, just as preferring what the scholars of Madinah were upon in their later time. This does not benefit anything in the matter, so this school of thought is the weaker position. So what I quoted from Ibn Taymiyyah (may Allah have mercy on him), there is no doubt that it is the truth in what he affirmed first, second, and third, and in what he denied fourth. Yes.
The questioner: His EminenceThe Shaykh : I heard in a previous tape of yours, and one of our brothers, a student of knowledge, asked you about the practice of the people of Madinah, so you answered briefly and with a slight deviation: a Maliki innovation.
The Shaykh : And upon you be peace and the mercy of Allah and His blessings. How?
The questioner : So I mentioned to him, as I remember, and I said: It is a Maliki innovation. So how do we reconcile, O honorable one,The Shaykh : between this and that?
The Shaykh : Yes, there is nothing strange about it after what you have heard and read, because the people of Madinah do not make this distinction, as the Maliki school does not make this distinction. They adopt the methodology of the people of Madinah absolutely. This is found even in the Muwatta, where some statements from the Imam himself are recorded regarding leaving the practice of a certain hadith because it contradicts the practice of the people of Madinah. Then it is established that this practice of the people of Madinah, which he inclined toward, is the later one, and that in the early period in Madinah, people like Sa'id ibn al-Musayyib held views different from what is attributed to the methodology of the people of Madinah. So, we reject what the Maliki school is upon, just as we reject, for example, people who follow the Imams blindly. However, if the Imams agree on something and we have nothing to contradict that, then we here incline toward relying on the saying of Allah the Exalted:
And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.
وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًاThe questioner : May Allah reward you with good.
The Shaykh : And beware of that.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.