The student of knowledge: what is obligatory for him regarding fatwas if he has not reached the stage of preferring one opinion over another?
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The questioner : Your Eminence, may Allah preserve you, many students of knowledge have not reached the stage of maturity in seeking knowledge. They adopt the opinion of so-and-so in some rulings and follow dispensations.
The Shaykh : They adopt the opinion?
The questioner : They adopt, for example, the opinion of so-and-so regarding the dispensations for Friday prayer, and the opinion of so-and-so regarding the zakat of jewelry. So what should the student of knowledge follow if he has not reached the stage of preferring one opinion over another?
The Shaykh : It is obligatory for the student of knowledge, and for the layperson as well, when people differ before him regarding a fatwa, to choose from the fatwas the one he considers closest to the truth. It is well known that a person knows that so-and-so among the scholars is closer to the truth than so-and-so, due to his abundance of knowledge, his scrupulousness, and his religion. This is because we do not rely solely on the abundance of knowledge, for some people have abundant and extensive knowledge but lack mindfulness of Allah and fear of Allah. You find them being lax in issuing fatwas. And some people you find have mindfulness and scrupulousness but are weak in knowledge. So he should choose the one who is more abundant in knowledge and stronger in mindfulness.
If the two men are equal in his estimation, or if he does not know that one is better than the other, it is said that he is given the choice between the two opinions. It is said that he should take the stricter one. It is said that he should take the easier one. The correct view is that he should take the easier one, because the evidence is equal, and because the original state is that the conscience is not burdened; the original state is that the conscience is free from blame.
As for following dispensations deliberately, if he is issued a fatwa and it does not suit him, he says, "I will ask so-and-so the second," and if that does not suit him, he says, "I will ask the third." This is not permissible, because this is a matter of playing with the religion of Allah. The scholars, may Allah have mercy on them, have explicitly stated that whoever follows dispensations is an open sinner. Some of them went further and said: "Whoever follows dispensations becomes a Zindiq", because he does not worship Allah by following guidance, but worships Him by following his desires. Yes.
The Shaykh : They adopt the opinion?
The questioner : They adopt, for example, the opinion of so-and-so regarding the dispensations for Friday prayer, and the opinion of so-and-so regarding the zakat of jewelry. So what should the student of knowledge follow if he has not reached the stage of preferring one opinion over another?
The Shaykh : It is obligatory for the student of knowledge, and for the layperson as well, when people differ before him regarding a fatwa, to choose from the fatwas the one he considers closest to the truth. It is well known that a person knows that so-and-so among the scholars is closer to the truth than so-and-so, due to his abundance of knowledge, his scrupulousness, and his religion. This is because we do not rely solely on the abundance of knowledge, for some people have abundant and extensive knowledge but lack mindfulness of Allah and fear of Allah. You find them being lax in issuing fatwas. And some people you find have mindfulness and scrupulousness but are weak in knowledge. So he should choose the one who is more abundant in knowledge and stronger in mindfulness.
If the two men are equal in his estimation, or if he does not know that one is better than the other, it is said that he is given the choice between the two opinions. It is said that he should take the stricter one. It is said that he should take the easier one. The correct view is that he should take the easier one, because the evidence is equal, and because the original state is that the conscience is not burdened; the original state is that the conscience is free from blame.
As for following dispensations deliberately, if he is issued a fatwa and it does not suit him, he says, "I will ask so-and-so the second," and if that does not suit him, he says, "I will ask the third." This is not permissible, because this is a matter of playing with the religion of Allah. The scholars, may Allah have mercy on them, have explicitly stated that whoever follows dispensations is an open sinner. Some of them went further and said: "Whoever follows dispensations becomes a Zindiq", because he does not worship Allah by following guidance, but worships Him by following his desires. Yes.