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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it prescribed to issue a fatwa on this?

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The questioner : Shaykh, may Allah bless you, is it prescribed to issue a fatwa on this?

The Shaykh : No, no. Take this rule, may Allah bless you: If people are acting out of caution, do not open the door for them. However, this benefits you in cases of hardship. If a person comes to you after finishing his tawaf and sa'y and says that he broke his wudu' during the tawaf, do not order him to repeat it, because you would be imposing severe hardship on him without knowledge. Keep this in mind. Leave people alone in any matter where they are acting out of caution and it is not forbidden. But if you are asked for a ruling in a state of hardship and difficulty at that moment, issue the ruling as you see it.

The questioner : For example, if someone says a word or something similar, and then speaks about the sunnahs and obligations of tawaf, should he use a phrase that leads the common people to understand that it is obligatory?

The Shaykh : I see that you should not open the door. As long as people are acting out of caution, let them continue to do so.

The questioner : Now, Shaykh, many books have started publishing this opinion, and people are asking about it. And whenever someone speaks, they say, "How can you say this, so-and-so says this?"

The Shaykh : In any case, that is a separate matter.

The questioner : Has this become well-known, Shaykh?

The Shaykh : What has become well-known?

The questioner : That wudu' is not obligatory for tawaf?

The Shaykh : Well, praise be to Allah. If it becomes well-known that wudu' is not required, I praise Allah that He is spreading it. But I, especially a recognized scholar whose fatwa is taken, do not issue a fatwa on this. If we were asked now, and we see that wudu' is not obligatory, which is better: wudu' or not? Wudu'. Well, do we open the door for them to give up the better option? No. But if the situation occurs, Allah will provide a solution, if Allah wills.

The questioner : Some common people ask, "Is it obligatory or not? Is it forbidden or not?"

The Shaykh : Well done. They always ask this. If we tell them, "Do not do it," they say, "Is it forbidden?" I tell them, "Do not do it." Every time they ask, "Is it forbidden?" I say, "Do not do it." It is not necessary for us to say "forbidden." Yes, if I know that a man has fallen into the issue, then I issue a ruling as I see it. This is if people are acting out of caution. But if they are acting contrary to caution, then you must clarify. You must clarify. Do you understand the difference? For example, now some people see the permissibility of riba in paper transactions, both riba al-nasi'ah and riba al-fadl. It has become well-known among people, and you know that this is forbidden, and you have evidence that it is forbidden. Likewise, it has become well-known among people that it is permissible for a person to choose a specific item and say to the merchant, "So-and-so, I want this specific item, and I do not have money." Then the merchant says, "I will buy it and then sell it to you with a profit." It has become well-known among people that this is a halal murabahah. This must be clarified, because in this matter, did people follow the path of caution or the path of leniency? The path of leniency. We say, keep this in mind. And when the fatwa appeared from some recognized scholars that the face of a woman does not have to be covered, some scholars who taught us and whom we consider, may Allah have mercy on them, from our shaykhs, said: "It is amazing that this mufti issues this fatwa while people are acting on covering their faces. Covering the faces is better, even the one who issued the fatwa for the permissibility of uncovering the face says that covering is better." He says, "It is amazing how he turns people from something they are doing out of caution and which is better, until they turn away from it." And this is truly education. It has not harmed us except that some people deal with Muslims in the sciences based on the view only, without education. Although if a person reflects on the Qur'an, the Sunnah, and the guidance of the Salaf, he finds that they pay great attention to education. Did you understand?

The questioner : Yes

The Shaykh : Yes, Salim.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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