What is the meaning of the jurists' statement, "This is a matter of ijtihad"?

The questioner : What is the meaning of their saying, "This is a matter of ijtihad"? Do they mean that there is absolutely no evidence in it, 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 absolutely no evidence for it or against it, 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 sectarian loyalty to a school of jurisprudence. In that case, it is not said that the matter is one of ijtihad as long as there is a text for it. As for a matter in which different perspectives differ in understanding a unified text, where there is no other text to help determine the meaning of that single text, that is what we understand from the phrase mentioned.

The questioner : For example, some people say, for instance, that matters of ijtihad are of different types. As I mentioned or referred to, one type is where there are texts in the matter whose apparent meanings seem to contradict each other, so one person leans toward one text and another toward a different text. Sometimes, the text may be clear regarding prohibition or prevention, but the text is sometimes set aside for a stronger public benefit, for example.

The Shaykh : The text is set aside for a public benefit?

The questioner : A stronger one.

The Shaykh : Stronger than what?

The questioner : For example, if a person is offered the opportunity to go for Hajj or 'Umrah, but he cannot do so except by visualizing images and such, he might consider performing the obligatory Hajj more important in his view and consider this matter one of ijtihad because he is visualizing, even though the texts in this are clear. Is this a suitable example of a matter of ijtihad?

The Shaykh : First, my brother, the issue of a matter of ijtihad is only discussed regarding scholars. As for the general public, this matter does not apply to them. The ruling for the general public is to implement the word of Allah, Blessed and Exalted is He: . Let me call this a philosophy. This philosophy is for other people who do not know; the masses of Muslims are not burdened with it. Rather, they must consult a scholar in whose knowledge, righteousness, and mindfulness of Allah they trust, and they must adopt whatever he rules for them. As for the statement "this is a matter of ijtihad," that returns to scholars or strong students of knowledge.

The questioner : They differ in... some may prohibit it, saying, "I cannot go for Hajj due to this legal impediment, which is the presence of images, for example."

The Shaykh : If he fears Allah, Mighty and Majestic, in that, and is truly one of the scholars, he is not the first to differ from others. Such disagreement occurred among the earliest generations.

The questioner : So what is the meaning of our Salaf saying, "I say in this with my opinion"?

The Shaykh : That is, he does not have an explicit text regarding it.

The questioner : Just.

Another questioner : Is it permissible for me to say in a matter, "I say with my opinion"?

The Shaykh : And is anything else permissible for him?

The questioner : He stops.

The Shaykh : How does he stop?

The questioner : He stops in such a way that he does not issue a ruling in this matter and says, "Allah knows best."

The Shaykh : So here is a question: 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 : Good. And are all these categories equal, whether in blame or praise?

The questioner : No.

The Shaykh : So the answer is in your answer.