Is it correct to say that the Prophet (peace and blessings be upon him) is a conveyor and not a legislator?
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The questioner : The Shaykh, we have passed through the point that some scholars say it is not permissible to say that the Prophet (peace and blessings be upon him) is a legislator, but rather he is a conveyor, as Allah described him in the Qur'an?
The Shaykh : This is not correct.
The questioner : What proves that he is a legislator?
The Shaykh : He is a legislator and a conveyor. The Messenger of Allah (peace and blessings be upon him) said:Sunan Abi Dawud 47Sahih (Al-Albani) or Thus, he made himself a legislator. However, his legislation is legislation from Allah, because Allah’s approval of what he legislates for people to worship their Lord with is legislation from Allah.
The questioner : Do the matters that Allah did not approve of not strengthen this claim?
The Shaykh : They do not strengthen it, because that came from his independent legal reasoning (ijtihad), and Allah clarified to him that this independent legal reasoning was not correct.
The Shaykh : This is not correct.
The questioner : What proves that he is a legislator?
The Shaykh : He is a legislator and a conveyor. The Messenger of Allah (peace and blessings be upon him) said:
Were it not hard on my ummah, I would order them to use the tooth-stick at the time of every prayer.
لولا أن أشق على أمتي لأمرتهم بالسواك عند كل صلاةwith every prayer
مع كل صلاةThe questioner : Do the matters that Allah did not approve of not strengthen this claim?
The Shaykh : They do not strengthen it, because that came from his independent legal reasoning (ijtihad), and Allah clarified to him that this independent legal reasoning was not correct.