Is there a difference between knowledge and jurisprudence? And does everyone who carries some jurisprudence become a jurist?
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The Shaykh : Yes, now we begin with the questions.
The questioner : O honorable Shaykh, is there a difference between knowledge and jurisprudence? And does everyone who carries some knowledge become a jurist?
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad and upon his family and all his Companions.
Yes, there is a difference between knowledge, jurisprudence, and understanding; these are three things: knowledge, understanding, and jurisprudence. Which comes first? Knowledge, then understanding, then jurisprudence.[Sad 38:29] This is understanding. [Sad 38:29] This is jurisprudence. So jurisprudence is for a person to know the sources and resources of the Shari'ah, its wisdoms, and its secrets, so that he has a strong aptitude for acting in accordance with the Shari'ah. Not every scholar is a jurist, and not every intelligent person is a person of sound mind. Some of the common people think that these things mean the same thing, but they are different. For this reason, it is narrated from Ibn Mas'ud (may Allah be pleased with him) that he said: "How will it be with you when your readers are many and your jurists are few?" "How will it be with you when the readers are many and the jurists are few?" So the jurist is not the scholar. The jurist has knowledge, and he has an apprehension of matters, an evaluation of them, and a knowledge of the secrets and rulings of the Shari'ah. For this reason, you will find two scholars asked the same question; one issues a fatwa that is the requirement of knowledge, but the other issues a fatwa that is the requirement of jurisprudence, because he looks at the fact that if we issue this fatwa based on the knowledge we have, it will cause harm to the people.
We give you an example. The Prophet (peace and blessings be upon him) said to Aisha (may Allah be pleased with her):, because the Messenger knew the foundations of Ibrahim, but he left that out of fear of what? Out of fear of fitnah (trial, discord or temptation), out of fear of fitnah that the people would be led astray from their religion if the Ka'bah were altered. This is jurisprudence; this is from jurisprudence.
The triple divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar: the three were one. If a man divorced three times and said to his wife, "You are divorced three times," or said, "You are divorced, you are divorced, you are divorced," it was one. This became common among the people; it became common among the people, so 'Umar (may Allah be pleased with him) saw that the people were playing with this matter, and that the triple divorce with one word or with consecutive words is not permissible. So he said: "I see the people playing with a matter in which they used to be deliberate, so if we were to enforce it upon them" So he enforced it upon them, and he said: "Whoever divorces three times has accepted final separation for himself, so he cannot take her back" This is from jurisprudence.
For this reason, a student of knowledge should have the amount of jurisprudence that makes his fatwa sound, so that he does not issue fatwas to the people with a matter that will cause harm to them and to himself.
As for understanding, a person may be understanding but not have knowledge, and a person may have knowledge but not have understanding. For this reason, you will find a verse from the Book of Allah or a hadith from the Messenger of Allah (peace and blessings be upon him) read by two men of knowledge; one of them understands from this hadith or this verse what the other does not understand. Yes.
The questioner : O honorable Shaykh, is there a difference between knowledge and jurisprudence? And does everyone who carries some knowledge become a jurist?
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad and upon his family and all his Companions.
Yes, there is a difference between knowledge, jurisprudence, and understanding; these are three things: knowledge, understanding, and jurisprudence. Which comes first? Knowledge, then understanding, then jurisprudence.
[This is] a blessed Book which We have revealed to you, [O Muhammad], that they might reflect upon its
كتاب أنزلناه إليك مبارك ليدبّروا آياتهand that those of understanding would be reminded.
وليتذكّر أولوا الألبابWe give you an example. The Prophet (peace and blessings be upon him) said to Aisha (may Allah be pleased with her):
If not that your people had recently been in disbelief, I would have built the Ka'bah on the foundations of Ibrahim
لولا أن قومك حديثو عهد بكفر لبنيت الكعبة على قواعد إبراهيمThe triple divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar: the three were one. If a man divorced three times and said to his wife, "You are divorced three times," or said, "You are divorced, you are divorced, you are divorced," it was one. This became common among the people; it became common among the people, so 'Umar (may Allah be pleased with him) saw that the people were playing with this matter, and that the triple divorce with one word or with consecutive words is not permissible. So he said: "I see the people playing with a matter in which they used to be deliberate, so if we were to enforce it upon them" So he enforced it upon them, and he said: "Whoever divorces three times has accepted final separation for himself, so he cannot take her back" This is from jurisprudence.
For this reason, a student of knowledge should have the amount of jurisprudence that makes his fatwa sound, so that he does not issue fatwas to the people with a matter that will cause harm to them and to himself.
As for understanding, a person may be understanding but not have knowledge, and a person may have knowledge but not have understanding. For this reason, you will find a verse from the Book of Allah or a hadith from the Messenger of Allah (peace and blessings be upon him) read by two men of knowledge; one of them understands from this hadith or this verse what the other does not understand. Yes.