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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If the scholars differ on two opinions and the stronger one is not clear, which opinion should one follow?

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The Shaykh : As mentioned previously, when scholars differ on two opinions and the stronger one is not clear between them, some scholars said one should follow the stricter opinion because it is more cautious, while others said one should follow the easier opinion because it is more in accordance with the principles of the Shari'ah and the original state is the innocence of the conscience. This second opinion is closer to the truth, because whenever the path of ease is possible, it is preferable, especially since the original state, as they said, is the innocence of the conscience. Therefore, we do not impose anything except with evidence, and we do not prohibit anything except with evidence. Similarly, if the common people differ regarding the muftis and one of them does not appear stronger to them, should they follow the stricter or the easier? According to these two opinions, or should the common person also be given a choice? Some scholars say he is given a choice, because neither the stricter nor the easier opinion is infallible; both may contain error. So he has the choice: if he wishes, he follows this one, and if he wishes, he follows that one. This applies if the common person did not consult a person who is committed to what he says. If he consulted a person who is committed to what he says, believing it to be the truth, then it is not permissible for him to consult another. Some scholars reported this as a consensus. For example, if I go to a scholar whose opinion I see as closer to the truth and I consult him, and then he issues a ruling that I do not prefer, and I go to someone else and ask him, that is forbidden, because this is a matter of playing with the religion of Allah. However, if I consulted him because I found no one else in that place, and I said, "I will consult him today until I find someone more knowledgeable," then in this case I am allowed to ask, because this is a conditional commitment. Likewise, if I consulted a person committed to his opinion, intending to do so, and then I heard another scholar, more knowledgeable than him, speaking about the issue, explaining its evidence, and saying, "Some scholars said such and such, but the ruling you were given is such and such, the correct view is such and such, its evidence is such and such, and the answer to the first scholar's evidence is such and such," then at that point I am allowed to move to the second opinion. In fact, it is obligatory for me to do so, because it became clear to me, without any action on my part, that the correct view is contrary to the ruling I was given.

The questioner : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions. Al-Bukhari (may Allah have mercy on him) said: Chapter on the Ruler Responding to an Invitation.
Another questioner: The commentary on the seventh hadith...

The Shaykh : Yes, yes.
Source alathar.net

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

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