Does the ruling followed by the evidence include the student of knowledge who follows?
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The questioner : We mentioned that the affliction is ruling first and then seeking evidence, and it is known that the student takes knowledge from those above him, and the jurists take from those above them?
The Shaykh : We are not speaking about the student of knowledge; we are speaking about the scholar who derives rulings. We say: Do not rule before you seek evidence, lest you go astray. We say: Seek evidence first, then build the ruling upon the evidence. As for the student of knowledge and the layperson, he is unable to seek evidence and then rule; he has nothing but following a scholar without knowing his evidence, until Allah opens the door for him and he becomes a scholar qualified to derive rulings; at that point, he exercises independent legal reasoning.
The questioner : Is he now, O Shaykh, in the stage of a scholar, having taken the ruling beforehand?
The Shaykh : Well, regarding the one who took the ruling previously, we looked at the actions of the scholars (may Allah have mercy on them) and those who are not scholars but made themselves scholars. We observed that he tries to force the texts to fit his belief and his ruling.
This is a great deal! Look now, for example, at the books that compare the statements of the scholars; you will find the most astonishing things.
The Shaykh : We are not speaking about the student of knowledge; we are speaking about the scholar who derives rulings. We say: Do not rule before you seek evidence, lest you go astray. We say: Seek evidence first, then build the ruling upon the evidence. As for the student of knowledge and the layperson, he is unable to seek evidence and then rule; he has nothing but following a scholar without knowing his evidence, until Allah opens the door for him and he becomes a scholar qualified to derive rulings; at that point, he exercises independent legal reasoning.
The questioner : Is he now, O Shaykh, in the stage of a scholar, having taken the ruling beforehand?
The Shaykh : Well, regarding the one who took the ruling previously, we looked at the actions of the scholars (may Allah have mercy on them) and those who are not scholars but made themselves scholars. We observed that he tries to force the texts to fit his belief and his ruling.
This is a great deal! Look now, for example, at the books that compare the statements of the scholars; you will find the most astonishing things.