What is the grade of the hadith (Whoever issues a fatwa without a solid basis, the sin is upon the one who issued it)? And what is its meaning?

The questioner : Shaykh, regarding the hadith "Whoever issues a fatwa without a solid basis, the sin is upon the one who issued it," what is the authenticity of this hadith?

The Shaykh : The hadith is weak, but its meaning is correct.

The questioner : Its meaning is correct and the hadith is weak. So does this mean the principle people mention, like the saying we have, "Tie it to the head of a scholar and you will come out safe"?

The questioner : "Tie it to the neck of a scholar and you will come out safe," we have this proverb.

The Shaykh : In any case, this second statement has no value. We brought you the hadith that its meaning is correct. If the meaning is like the meaning of the proverb, then the proverb has a correct meaning; otherwise, one fears there is some exaggeration in it, because of the phrase "Strike the neck of a scholar and you will come out safe."

The questioner : This, Shaykh, is well known and always mentioned. It has no significance.

The questioner : This is not something to look for evidence for, Shaykh. So how, Shaykh, is this saying and the proverb they use in colloquial speech?

The Shaykh : Leave the proverb, brother, it is none of our concern.

The questioner : Okay, a brief explanation of the meaning of the hadith.

The Shaykh : It means if a non-scholar asks a scholar about an issue and he issues a fatwa for him, and he goes and acts on that fatwa, and the fatwa was actually wrong, then the sin is upon the one who issued the fatwa. Because the non-scholar cannot evaluate it; he cannot distinguish right from wrong, or truth from falsehood. That is the meaning. As for your saying that one does not ask for evidence, I feel, without offense, because you know me, I am Al-Albani, these people are a bit harsh. I say frankly, it comes across from your words that the general Muslims are also obligated to look for the evidence. This is an exaggeration in speech that is not sound. Undoubtedly, we always say, as the Lord of the Worlds said, . Insight in religion is on levels: the highest and most elevated is for a man to be knowledgeable of the Book and the Sunnah and know where the issue came from, whether its evidence is in the Qur'an or in the Sunnah or in scholarly consensus or in analogical reasoning, because knowing the differences between these evidences puts a person on the right path. When the evidence is from the Book and the Sunnah, it is not like when the evidence is from scholarly consensus and analogical reasoning, because scholarly consensus may be correct and may be incorrect, and analogical reasoning may be a correct measure and may be incorrect. As for the explicit text from the Qur'an or the Sunnah, it does not accept discussion. So this is the highest level of insight. The followers are also on levels. There is a student of knowledge who is almost a scholar, so he can understand the perspective of the scholar who issued the fatwa for him. It is good for him to know where the opinion the scholar brought, or the fatwa he brought, came from. But the general people cannot do this. The general people's insight does not allow them to put it on their heads and issue fatwas by their own description. Rather, as the Exalted said, , so a man from the people of knowledge, from the people of learning, asked and he issued a fatwa for him, and he acted on his fatwa. This is the obligation for this common man. If it was wrong, then the sin is upon the one who issued the fatwa. Then here is something said: "The sin is upon the one who issued the fatwa." The mufti is either a mujtahid or a follower of a scholar. If he is a mujtahid and he made a mistake, there is no sin on him; rather, he is rewarded. And if he is a follower of a scholar and he issued a fatwaThe questioner : based on following a scholar, the sin comes from here. And in order to be saved from the sin, he has to say, "By Allah, brother, I do not know, but so-and-so the scholar, for example Abu Hanifa, or the Maliki, or the Shafi'i, says such and such." In this form, his conscience is also cleared. But if he comes to issue a fatwa without knowledge and we say he is a scholar, he does not say "so-and-so said such and such," he just puts out the fatwa, then he becomes sinful. If the mufti issues a fatwa to a person, this mufti becomes sinful, and he may not be sinful. But the important thing is that the questioner does not become sinful if he proceeded by adopting a fatwa from his fatwas. This is the meaning of the hadith. This hadith is weak in its chain of narration.

The questioner : Yes, okay, Shaykh, is it preferable that the person from whom you take a fatwa be someone you think is a person of knowledge?

The Shaykh : Of course.

The questioner : Not just anyone.

The Shaykh : Of course.

The questioner : But it is upon us to be careful in the matter of evidence.

The Shaykh : Brother, "Ask the people of knowledge" is for whom? For you! That is it!