The Book of Hajj-07b
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The reciter: And Muhammad ibn al-Muthanna, and Ibn Bashshar, narrated to us. Ibn al-Muthanna said: Muhammad ibn Ja'far narrated to us. Shu'bah narrated to us from al-Hakam from 'Amirah ibn 'Amir from Ibrahim ibn Abi Musa from Abu Musa: .
The Shaykh : This is independent legal reasoning in opposition to an explicit text, and it is not acceptable. This was presented to the Messenger of Allah (peace and blessings be upon him). It was said to him: Is the entire valley of Hudaibiyyah permissible? He said: Yes. They said: Shall we go out to Mina with our private parts dripping with semen? He said: Yes.
So 'Umar (may Allah be pleased with him) exercised independent legal reasoning and erred in this matter, but how much correctness he had! This error is not counted against him in any way.
That he used to issue rulings permitting tamattu'. A man said to him: Hold back on some of your rulings, for you do not know what the Commander of the Believers has innovated regarding the rites of pilgrimage. Later, he met him and asked him. 'Umar said: I know that the Prophet (peace and blessings be upon him) did it, and his Companions did it, but I disliked that they would remain encamped with them in the acacia trees, then go out for Hajj with their heads dripping.
أنّه كان يفتي بالمتعة ، فقال له رجل : رويدك ببعض فتياك ، إنّك لا تدري ما أحدث أمير المؤمنين في النّسك بعد ، حتّى لقيه بعد ، فسأله ، فقال عمر : قد علمت أنّ النّبيّ صلّى الله عليه وسلّم قد فعله ، وأصحابه ، ولكن كرهت أن يظلّوا معرسين بهنّ في الأراك ، ثمّ يروحون في الحجّ تقطر رءوسهمThe Shaykh : This is independent legal reasoning in opposition to an explicit text, and it is not acceptable. This was presented to the Messenger of Allah (peace and blessings be upon him). It was said to him: Is the entire valley of Hudaibiyyah permissible? He said: Yes. They said: Shall we go out to Mina with our private parts dripping with semen? He said: Yes.
So 'Umar (may Allah be pleased with him) exercised independent legal reasoning and erred in this matter, but how much correctness he had! This error is not counted against him in any way.