What is the authenticity of the four conditions for transmitting a fatwa from a mufti, which are attributed to Ibn al-Qayyim?
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The questioner : Shaykh, may Allah forgive you, some students of knowledge mentioned that transmitting a fatwa from a mufti is not permissible except with four conditions:
He said that one must first know his evidence, then know the ruling in the issue, then know the evidence, then know the method of deriving the ruling, and then know the answer to the opinion of whoever differed, if there is disagreement in the issue. And he attributed this opinion to Ibn al-Qayyim. Is this correct?
And if it is correct, how is it to be directed?
The Shaykh : First, it is said to this transmitter from Ibn al-Qayyim: prove that from Ibn al-Qayyim, because there are many who say, "There is a hadith from the Messenger of Allah on this," or "There is a statement from the Salaf," or "There is a statement from some scholars," and then it turns out to be a misconception in their transmission. So it is said: show us the words of Ibn al-Qayyim, because the words of Ibn al-Qayyim may be on a different basis than what he understood.
Then, if this is verified from Ibn al-Qayyim, it is not accepted, because the transmitter is not a mufti according to the fatwa of the mufti. There is a difference between saying, "The Shaykh so-and-so said such and such," in which case he is a transmitter, and asking the one who sought the fatwa from the scholar and then issuing a fatwa without attributing it to the scholar. This is what requires a person to know the evidence and the derivation, and to be like a mujtahid exactly. There is a difference between attributing the opinion to the scholar and issuing a fatwa based on a scholar's opinion without attributing it to him. The first is an informer and transmitter, and there is nothing in it except to ensure that the mufti said such and such. As for the second, he is considered a mujtahid mufti, and a mujtahid mufti must know the evidence, know the derivation, and answer the evidence of the opponent if there is an opponent.
So you first ask him for what was mentioned from Ibn al-Qayyim, and then the ruling in the issue, as I told you. And there is a difference between informing that so-and-so issued a fatwa on such and such, and a person issuing a fatwa as if he is independent in the fatwa. This makes him a mujtahid, and his ruling is the ruling of the mujtahids. Yes.
He said that one must first know his evidence, then know the ruling in the issue, then know the evidence, then know the method of deriving the ruling, and then know the answer to the opinion of whoever differed, if there is disagreement in the issue. And he attributed this opinion to Ibn al-Qayyim. Is this correct?
And if it is correct, how is it to be directed?
The Shaykh : First, it is said to this transmitter from Ibn al-Qayyim: prove that from Ibn al-Qayyim, because there are many who say, "There is a hadith from the Messenger of Allah on this," or "There is a statement from the Salaf," or "There is a statement from some scholars," and then it turns out to be a misconception in their transmission. So it is said: show us the words of Ibn al-Qayyim, because the words of Ibn al-Qayyim may be on a different basis than what he understood.
Then, if this is verified from Ibn al-Qayyim, it is not accepted, because the transmitter is not a mufti according to the fatwa of the mufti. There is a difference between saying, "The Shaykh so-and-so said such and such," in which case he is a transmitter, and asking the one who sought the fatwa from the scholar and then issuing a fatwa without attributing it to the scholar. This is what requires a person to know the evidence and the derivation, and to be like a mujtahid exactly. There is a difference between attributing the opinion to the scholar and issuing a fatwa based on a scholar's opinion without attributing it to him. The first is an informer and transmitter, and there is nothing in it except to ensure that the mufti said such and such. As for the second, he is considered a mujtahid mufti, and a mujtahid mufti must know the evidence, know the derivation, and answer the evidence of the opponent if there is an opponent.
So you first ask him for what was mentioned from Ibn al-Qayyim, and then the ruling in the issue, as I told you. And there is a difference between informing that so-and-so issued a fatwa on such and such, and a person issuing a fatwa as if he is independent in the fatwa. This makes him a mujtahid, and his ruling is the ruling of the mujtahids. Yes.