If the issue is one of scholarly disagreement, is it better to tell the layperson that there is disagreement on this issue?
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The Shaykh : Did you understand his question?
The student: I did not.
The Shaykh : He says: If the issue is one of scholarly disagreement, is it better to tell the layperson that there is disagreement on this issue?
And let us suppose there is a great deal of disagreement, like the Night of Decree, where Ibn Hajar mentioned that they differed in determining it with more than forty opinions. A layperson comes and asks, "When is the Night of Decree?" You say, "There are forty opinions." He says to you, "The month of Ramadan is thirty nights, so how can there be forty opinions?"
Yes, that does not make sense. Rather, if you wish, or if you see that one of the opinions is the stronger position, issue a ruling based on it, unless you fear fitnah (trial, discord or temptation). For example, suppose the issue involves a dispute, and you know that the judges will not rule as you see it. In that case, you should avoid it. In fact, it is better to avoid anything involving a dispute. This is an issue where I see that some students of knowledge do not care about this matter. A man comes and asks him about a dispute, whether in a sale, a pledge, an endowment, or something else, and then he issues a ruling for him. This questioner will then say, "So-and-so issued a ruling for me like this, and let us see what the judge rules." This leads to fitnah (trial, discord or temptation). For this reason, we have seen great scholars, when issues involving disputes, or what they suspect to be disputes, are brought to them, refer them to the court, saying, "Go to the court." This is undoubtedly the height of wisdom. First, because the questioner may ask based on what he himself sees, presenting the issue as if he is in the right, and the mufti (a scholar who issues fatwas) will answer according to the question.
Second, suppose the questioner said, "It is just," and you ruled in his favor as he said, and it was exactly just, but then the judge ruled contrary to your fatwa (a scholarly legal ruling) based on circumstances he knew during the dispute, because circumstances in disputes are very important. You would then have given this questioner a weapon to use against whom? Against the judge. And even if people trust the judge more than you, you have exposed your own weakness and that you do not know. So what I direct you to is: avoid issues involving disputes, and praise be to Allah, it is not obligatory for you. Then I tell you: if the questioner asks you and there is a dispute, and you issue a ruling contrary to what he wants, he will not take your word. This is the norm. He will say, "Let us go see the judge, perhaps he will rule differently." Yes.
The student: But this issue...
The Shaykh : Which one? Which one?
The student: Like weighing what is measured by volume.
The Shaykh : By Allah, if they are equal in dryness, the weight is considered.
The student: If, Shaykh, the weight can be equal to the measure, but some... is this permissible?
The Shaykh : No, if they are equal in dryness, the norm is that they are close.
The student: Shaykh, some...
The Shaykh : In any case, if we suppose that the weight and the measure differ, there is no harm in returning to the original standard.
The reader: Praise be to Allah, Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions:
The author (may Allah have mercy on him) transmitted: "From Ibn 'Umar (may Allah be pleased with them both), who said: The Messenger of Allah (peace and blessings be upon him) forbade the sale of fruits until their ripeness becomes apparent, forbidding both the seller and the buyer. Agreed upon by al-Bukhari and Muslim.
And in a narration:Sahih al-Bukhari 1486.
And from Anas ibn Malik (may Allah be pleased with him):Bulugh al-Maram 7:86 Agreed upon by al-Bukhari and Muslim, and the wording is al-Bukhari's.
And from him (may Allah be pleased with him):Bulugh al-Maram 7:87 Narrated by the five except al-Nasa'i, and authenticated by Ibn Hibban and al-Hakim."
The student: I did not.
The Shaykh : He says: If the issue is one of scholarly disagreement, is it better to tell the layperson that there is disagreement on this issue?
And let us suppose there is a great deal of disagreement, like the Night of Decree, where Ibn Hajar mentioned that they differed in determining it with more than forty opinions. A layperson comes and asks, "When is the Night of Decree?" You say, "There are forty opinions." He says to you, "The month of Ramadan is thirty nights, so how can there be forty opinions?"
Yes, that does not make sense. Rather, if you wish, or if you see that one of the opinions is the stronger position, issue a ruling based on it, unless you fear fitnah (trial, discord or temptation). For example, suppose the issue involves a dispute, and you know that the judges will not rule as you see it. In that case, you should avoid it. In fact, it is better to avoid anything involving a dispute. This is an issue where I see that some students of knowledge do not care about this matter. A man comes and asks him about a dispute, whether in a sale, a pledge, an endowment, or something else, and then he issues a ruling for him. This questioner will then say, "So-and-so issued a ruling for me like this, and let us see what the judge rules." This leads to fitnah (trial, discord or temptation). For this reason, we have seen great scholars, when issues involving disputes, or what they suspect to be disputes, are brought to them, refer them to the court, saying, "Go to the court." This is undoubtedly the height of wisdom. First, because the questioner may ask based on what he himself sees, presenting the issue as if he is in the right, and the mufti (a scholar who issues fatwas) will answer according to the question.
Second, suppose the questioner said, "It is just," and you ruled in his favor as he said, and it was exactly just, but then the judge ruled contrary to your fatwa (a scholarly legal ruling) based on circumstances he knew during the dispute, because circumstances in disputes are very important. You would then have given this questioner a weapon to use against whom? Against the judge. And even if people trust the judge more than you, you have exposed your own weakness and that you do not know. So what I direct you to is: avoid issues involving disputes, and praise be to Allah, it is not obligatory for you. Then I tell you: if the questioner asks you and there is a dispute, and you issue a ruling contrary to what he wants, he will not take your word. This is the norm. He will say, "Let us go see the judge, perhaps he will rule differently." Yes.
The student: But this issue...
The Shaykh : Which one? Which one?
The student: Like weighing what is measured by volume.
The Shaykh : By Allah, if they are equal in dryness, the weight is considered.
The student: If, Shaykh, the weight can be equal to the measure, but some... is this permissible?
The Shaykh : No, if they are equal in dryness, the norm is that they are close.
The student: Shaykh, some...
The Shaykh : In any case, if we suppose that the weight and the measure differ, there is no harm in returning to the original standard.
The reader: Praise be to Allah, Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions:
The author (may Allah have mercy on him) transmitted: "From Ibn 'Umar (may Allah be pleased with them both), who said: The Messenger of Allah (peace and blessings be upon him) forbade the sale of fruits until their ripeness becomes apparent, forbidding both the seller and the buyer. Agreed upon by al-Bukhari and Muslim.
And in a narration:
and when it was asked what it meant, the Prophet (ﷺ) said, "Till there is no danger of blight."
كان إذا سُئل عن صلاحها قال : حتى تذهب عاهتهاAnd from Anas ibn Malik (may Allah be pleased with him):
The Prophet (ﷺ) forbade the sale of fruits till they become colorful. He was asked what that meant, he replied, "Till they become reddish and yellowish."
أن النبي صلى الله عليه وسلم نهى عن بيع الثمار حتى تزهي ، قيل : وما زهوها ؟ قال : تحمارَّ وتصفارAnd from him (may Allah be pleased with him):