So there is a question that must be raised, now that you have favored us with this hadith: Is it permissible for a mufti to say "I see" when he finds a text or finds a previous fatwa?
Machine translationRead the Arabic original
The questioner : So there is a question that must be raised, now that you have favored us with this hadith: Is it permissible for a mufti to say "I see" when he finds a text or finds a previous fatwa?
The Shaykh : If the text is explicit.
The questioner : Yes.
The Shaykh : Then he does not say "I see"; if the text is explicit, he says, "This is the ruling of Allah."
The questioner : Yes.
The Shaykh : Based on the saying of Allah the Exalted, or the saying of the Prophet (peace and blessings be upon him). And if the text is not explicit, there is no harm in saying "I see," because the hadith is not explicit regarding what he is saying.
The questioner : Yes.
The Shaykh : And his opinion or understanding of the hadith may not be correct, so in that case he says, "This is my opinion."
The questioner : Yes.
The Shaykh : As for a bare opinion that has no basis, it is not permissible to issue a fatwa based on it under any circumstances. A bare opinion without knowledge is absolutely not permissible for a person to issue a fatwa based on, because if that were the case, he would be among those who speak about the Qur'an with their own opinions. For whoever speaks about the Qur'an with his own opinion, just as he does so to interpret the Qur'an, he also does so to clarify the rulings of the Qur'an and the Shari'ah. Therefore, a bare opinion is not permissible to issue a fatwa based on until it has a basis from a text, or scholarly consensus, or valid analogical reasoning, by which the one holding the opinion becomes one of the people of reflection, analogical reasoning, and knowledge.
The questioner : Yes.
The Shaykh : Yes.
The questioner : And regarding the fatwa, if there is a previous fatwa?
The Shaykh : Likewise, regarding the previous fatwa, he is not obligated to adhere to it.
The questioner : Yes.
The Shaykh : Because error is possible in a previous fatwa, just as it is possible in a subsequent fatwa.
The questioner : Yes.
The Shaykh : Rather, he relies, in what he issues as a fatwa, if he is able, on the Book and the Sunnah.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : If the text is explicit.
The questioner : Yes.
The Shaykh : Then he does not say "I see"; if the text is explicit, he says, "This is the ruling of Allah."
The questioner : Yes.
The Shaykh : Based on the saying of Allah the Exalted, or the saying of the Prophet (peace and blessings be upon him). And if the text is not explicit, there is no harm in saying "I see," because the hadith is not explicit regarding what he is saying.
The questioner : Yes.
The Shaykh : And his opinion or understanding of the hadith may not be correct, so in that case he says, "This is my opinion."
The questioner : Yes.
The Shaykh : As for a bare opinion that has no basis, it is not permissible to issue a fatwa based on it under any circumstances. A bare opinion without knowledge is absolutely not permissible for a person to issue a fatwa based on, because if that were the case, he would be among those who speak about the Qur'an with their own opinions. For whoever speaks about the Qur'an with his own opinion, just as he does so to interpret the Qur'an, he also does so to clarify the rulings of the Qur'an and the Shari'ah. Therefore, a bare opinion is not permissible to issue a fatwa based on until it has a basis from a text, or scholarly consensus, or valid analogical reasoning, by which the one holding the opinion becomes one of the people of reflection, analogical reasoning, and knowledge.
The questioner : Yes.
The Shaykh : Yes.
The questioner : And regarding the fatwa, if there is a previous fatwa?
The Shaykh : Likewise, regarding the previous fatwa, he is not obligated to adhere to it.
The questioner : Yes.
The Shaykh : Because error is possible in a previous fatwa, just as it is possible in a subsequent fatwa.
The questioner : Yes.
The Shaykh : Rather, he relies, in what he issues as a fatwa, if he is able, on the Book and the Sunnah.
The questioner : Yes.
The Shaykh : Yes.