The Ruling on Citing Weak Hadiths as Evidence

Question:
This is a questioner for the program who actually sent a set of questions. He begins this page with the first question, saying: Is it permissible for a scholar to issue a fatwa and cite weak hadiths as evidence?

Answer:
Yes, it is permissible for a scholar to issue a fatwa based on the evidence of the Shari'ah. If he cites weak hadiths whose chains of transmission are numerous and which have become hasan li-ghayrihi (good due to supporting chains), there is no harm. However, he must strive and seek the truth through evidence from the Qur'an and the Sunnah. If he occasionally cites some weak hadiths that are not fabricated, but are merely weak and not fabricated, there is no harm. Al-Hafiz al-Iraqi (may Allah have mercy on him) says in his poem:
And they made it easy—meaning: the scholars, the scholars of hadith—:
They were lenient in narrating, other than in matters of fabrication,
without clarifying the weakness, and they saw
His explanation is in the rulings and beliefs
From Ibn Mahdi and more than one other
So if he mentions weak hadiths and cites them regarding the rulings of the Shari'ah, there is no harm, provided he has the evidence upon which he issued the fatwa. But if he cites weak hadiths merely to please the souls and encourage action, that is all good.
As for matters of creed, it is necessary to have authentic evidence from the Qur'an and the Sunnah; a weak hadith is not sufficient.
As for the branches of jurisprudence, if he cites them regarding the rulings of the Shari'ah, there is no harm. But the ruling is not established except by the evidence of the Shari'ah, either by an authentic or good hadith, whether good in itself or good due to supporting chains. Yes.

The presenter: May Allah reward you.