Mentioning some of the ijtihad of 'Umar ibn al-Khattab during his caliphate.
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The questioner : Ibn al-Qayyim (may Allah have mercy on him) attributed to 'Umar (may Allah be pleased with him) a position that, on its surface, appears to contradict 'Umar (may Allah be pleased with him) in some of the aforementioned rulings, such as the execution of divorce, the tamattu' form of Hajj, and the non-amputation of the hand of a thief, among other things. He also mentioned increasing the hadd to eighty lashes, stating that this is part of the ta'zir (discretionary punishment) in which a ruler may exercise leniency for the sake of public benefit. They understood from the Prophet (peace and blessings be upon him) that the Shari'ah endorses such ta'zir, and therefore it is not considered a contradiction by the Companions (may Allah be pleased with them).
The Shaykh : You do not know my opinion regarding tamattu'. Tamattu' is not something I have erred in. It is not that I am saying 'Umar ibn al-Khattab erred when he implemented the triple divorce as three immediate divorces. The triple divorce as three is undoubtedly a contradiction of the Sunnah in that regard, but he had an excuse for it and a very noble objective, and so on. However, I say that it should not be made into a Shari'ah.
The questioner : There is no doubt.
The Shaykh : We have made it a Shari'ah today. Until the last few years, we had some muftis, and it is not necessary to name them, but some judges used to fight Al-Albani for his adherence to the Sunnah, one of which was his fatwa that a divorce pronounced with the phrase "three" takes effect as one divorce, contrary to the judicial practice in place there. The judicial practice in all Islamic countries is based on what? It is based on 'Umar's ta'zir. Let us say that I do not view 'Umar's ta'zir as a timeless ruling, but rather a temporary ruling. However, this temporary ruling, due to the taqlid (blind following) that settled in people's hearts, became an eternal Shari'ah. And the Shari'ah, which is the eternal Shari'ah, was forgotten. But our topic now is that it is not surprising that if 'Umar was preaching to a gathering of people and teaching them the teaching of the Messenger, and then he struck it down like a wall with these explicit texts that clarify that the Messenger taught them this teaching during his lifetime, and then they understood from him that this teaching differs in this specific detail, I gave these examples to approximate the distant to the mind of the one who objects to how 'Umar ibn al-Khattab taught people this teaching. I said that Ibn 'Umar would do such and such, and so on, and he understands this, so let him understand this and that, and this is easier than that. As for whether there is a perspective of 'Umar's ijtihad, undoubtedly there is, and we always say: "There were among those before you people who innovated; if there are any in my Ummah, it is 'Umar." What Ibn al-Qayyim mentioned is part of the fiqh that many people are ignorant of.
The questioner : Shaykh, I truly benefited not directly from *Ighathat al-Lahfan*, even though I have it, but I benefited from this from *Nizam al-Talaq* by Shaykh Ahmad Shakir (may Allah have mercy on him).
The Shaykh : (May Allah have mercy on him). This *Nizam al-Talaq* is also a book. Where isThe Shaykh : 'Abd al-Rahim?
The Shaykh : You do not know my opinion regarding tamattu'. Tamattu' is not something I have erred in. It is not that I am saying 'Umar ibn al-Khattab erred when he implemented the triple divorce as three immediate divorces. The triple divorce as three is undoubtedly a contradiction of the Sunnah in that regard, but he had an excuse for it and a very noble objective, and so on. However, I say that it should not be made into a Shari'ah.
The questioner : There is no doubt.
The Shaykh : We have made it a Shari'ah today. Until the last few years, we had some muftis, and it is not necessary to name them, but some judges used to fight Al-Albani for his adherence to the Sunnah, one of which was his fatwa that a divorce pronounced with the phrase "three" takes effect as one divorce, contrary to the judicial practice in place there. The judicial practice in all Islamic countries is based on what? It is based on 'Umar's ta'zir. Let us say that I do not view 'Umar's ta'zir as a timeless ruling, but rather a temporary ruling. However, this temporary ruling, due to the taqlid (blind following) that settled in people's hearts, became an eternal Shari'ah. And the Shari'ah, which is the eternal Shari'ah, was forgotten. But our topic now is that it is not surprising that if 'Umar was preaching to a gathering of people and teaching them the teaching of the Messenger, and then he struck it down like a wall with these explicit texts that clarify that the Messenger taught them this teaching during his lifetime, and then they understood from him that this teaching differs in this specific detail, I gave these examples to approximate the distant to the mind of the one who objects to how 'Umar ibn al-Khattab taught people this teaching. I said that Ibn 'Umar would do such and such, and so on, and he understands this, so let him understand this and that, and this is easier than that. As for whether there is a perspective of 'Umar's ijtihad, undoubtedly there is, and we always say: "There were among those before you people who innovated; if there are any in my Ummah, it is 'Umar." What Ibn al-Qayyim mentioned is part of the fiqh that many people are ignorant of.
The questioner : Shaykh, I truly benefited not directly from *Ighathat al-Lahfan*, even though I have it, but I benefited from this from *Nizam al-Talaq* by Shaykh Ahmad Shakir (may Allah have mercy on him).
The Shaykh : (May Allah have mercy on him). This *Nizam al-Talaq* is also a book. Where isThe Shaykh : 'Abd al-Rahim?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.