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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The position of the one seeking a ruling when the opinions of the muftis differ

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This questioner, Ahmad Kashuqa from Amman, Jordan, says: Your Eminence, if the scholars differ in the ruling on a certain issue, with some saying it is disliked, some saying it is forbidden, and some saying it is not permissible, is the best opinion among these rulings that it is forbidden? Is this always the case? And if they differ on an issue, with some saying it is permissible, recommended, or there is no harm in it, is the best opinion that it is recommended? Is this always the case? Please guide us in this matter, may Allah reward you.
Answer: This requires detail. The one seeking a ruling should look into the matter and seek out who is closest to goodness, knowledge, and virtue, and closest to hitting the truth, so that he may take his fatwa. If he exercises caution and the issue is such that one says it is forbidden and another says it is not forbidden, and he exercises caution and leaves it, that is good; due to the saying of the Prophet (peace and blessings be upon him):
Leave that which makes you doubt for that which does not make you doubt.دع ما يريبك إلى ما لا يريبك
Sunan an-Nasa'i 5711Sahih (Darussalam)
So he, who saves himself from these doubtful things, saves his religion and his honorمن اتقى الشبهات فقد استبرأ لدينه وعرضه
Bulugh al-Maram 16:32
However, if it is easy for him to seek out who is more knowledgeable, who is more scrupulous, and who is closer to the correct opinion so that he may take his statement, until his heart is at ease, just as he (peace and blessings be upon him) said:
Consult your heartاستفت قلبك
Righteousness is that which the soul is at ease with and the heart is at ease with. If the fatwas differ for him, if the fatwa differs, the believer looks and reflects and does not rush. He seeks out who is closest to the people in hitting the truth from among the people of knowledge, insight, and scrupulousness, and who he judges in his heart to be closest to goodness and closest to hitting the truth. And so it is with recommendations; if they differ, whether it is a sunnah or permissible, he seeks out. If it prevails in his heart and his heart is at ease with the statement of the one who said it is recommended, he acts as one who performs a recommended act. And if your heart is at ease that it is merely permissible, treat it as a permissible matter.
The point of all this is that the one seeking a ruling or the listener looks and reflects and does not rush, and looks at the state and conditions of the muftis, and looks at what is closest to goodness in terms of their scrupulousness, their seeking of the truth, their good reputation, and so on.
The presenter: May Allah reward you with good.
Source binbaz.org.sa

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

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