If a person issues a fatwa (scholarly legal ruling) to someone, and then this mufti (scholar who issues fatwas) later reviews the statements of the scholars and finds that his fatwa was wrong
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The questioner : If a person issues a fatwa to someone, and then this mufti later reviews the statements of the scholars and finds that his fatwa was wrong, what should he do? And is he sinful? We ask for guidance on this.
The Shaykh : If the first fatwa was based on ijtihad (independent legal reasoning) and he was qualified to perform ijtihad, and then after research and discussion it became clear to him that his first ijtihad was wrong, then he owes nothing. The great imams used to do this; you will find that one of them had several opinions on the same issue.
As for if his first fatwa was based on ignorance and not on ijtihad, but he assumed it, and some assumption is a sin, then it is forbidden for him to issue a fatwa based merely on assumption or guesswork, because if he does that, he has spoken about Allah without knowledge, and speaking about Allah without knowledge is among the greatest of sins, as Allah the Exalted said:[Al-A'raf 7:33] He must seek out the person who asked him for a ruling until he informs him that his fatwa was wrong and erroneous. If he does this, I hope that Allah will accept his repentance.
The issue of issuing a fatwa without knowledge is a serious matter, because it does not mislead only the person asking for the ruling, but the person asking may spread it among the people, and thereby a large number of people may be misled, and it is error and misguidance. Yes.
The questioner : May Allah bless you.
The Shaykh : If the first fatwa was based on ijtihad (independent legal reasoning) and he was qualified to perform ijtihad, and then after research and discussion it became clear to him that his first ijtihad was wrong, then he owes nothing. The great imams used to do this; you will find that one of them had several opinions on the same issue.
As for if his first fatwa was based on ignorance and not on ijtihad, but he assumed it, and some assumption is a sin, then it is forbidden for him to issue a fatwa based merely on assumption or guesswork, because if he does that, he has spoken about Allah without knowledge, and speaking about Allah without knowledge is among the greatest of sins, as Allah the Exalted said:
Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know."
قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَThe issue of issuing a fatwa without knowledge is a serious matter, because it does not mislead only the person asking for the ruling, but the person asking may spread it among the people, and thereby a large number of people may be misled, and it is error and misguidance. Yes.
The questioner : May Allah bless you.