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Masail Min Al-Usul

The second chapter of: Al-Muhallaa Bil

Aathaar

of Al-Imam Ibn Hazm Al-Athari Al-

Dhahiri rahimahu Allah

By: Maktabah Ahl Al-Hadith Wal-Dhahir

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Introduction

Indeed to Allah is All Praise; we praise Him, seek His Assistance, and seek His Forgiveness.

And we seek refuge in Allah from the evil of ourselves and the evil of our actions. He whom

Allah guides, none can misguide, and he whom He misguides, none can misguide. And I bear

witness that none has the right to be worshiped in Truth except Allah alone and that He has no

partners, and I bear witness that Muhammad is His slave and Messenger. As for what comes

after:

The following is a translation of the second chapter of Al-Muhallaa Bil Aathar, titled: Masail

Min Al-Usul, which explains in brief the Usul or Fiqhi principles on which Al-Muhallaa is based,

the subject of the latter being the Fiqh of the Sunnah. Ibn Hazm rahimahu Allah, the author,

followed the way of Ahl Al-Dhahir, or the Dhahiris, in his Fiqh, though this is not to say that he

was a Muqallid of Dawud Bin Ali rahimahu Allah, the founder of the Dhahiri school. Ibn

Hazm rahimahu Allah was a Mujtahid Mutlaq, and did not believe in Taqlid, looking only to the

Quran, Sunnah, and Ijma of the Companions radhi Allahu anhum. Furthermore, the Dhahiri

school was not so much a school as a methodology in Fiqh.

Ahl Al-Dhahir were referred to as such, because they looked to the Dhahir, or apparent, manifest

meanings of the Quran and Sunnah, only reinterpreting the Quran and Sunnah away from what

their apparent meanings suggested when they found evidence that necessitated doing so. While

this was a principle that all of the Fuqaha of the Hadith shared, Ahl Al-Dhahir distinguished

themselves further by rejecting the notion that opinion in all of its forms, including and perhaps

especially Qiyas, can be used as evidence in the Religion.

Ahl Al-Dhahir were a sub faction of the Madhhab of Ahl Al-Hadith. While every Dhahiri was

from Ahl Al-Hadith, not every one of Ahl Al-Hadith was a Dhahiri. Indeed, they were described

as such, and were at times called: Ahl Al-Hadith Wal-Dhahir. In the Tarikh of Al-Dhahabi

rahimahu Allah, we find written in the biographical entry of Abu Al-Qasim Al-Amawi Al-

Qurtubi Al-Baqawi rahimahu Allah, a Dhahiri Faqih, that he would overwhelmingly resort to

the rulings of the Madhhab of Ahl Al-Hadith Wal-Dhahir in his rulings and affairs.1 Similarly,

in the biographical entry of Al-Humaidi rahimahu Allah in Al-Siyar, the student and companion

of Ibn Hazm rahimahu Allah, he is described as a Muhaqqiq in the knowledge of Tahqiq and

Usul upon the Madhhab of Ashab Al-Hadith in accordance with the Book and the Sunnah.2

All of this and more will be mentioned in detail in another publication devoted specifically to the

subject, in shaa Allah. If anything I have said here is correct, it is only from Allah, and whatever mistake there is, it is from the Shaitan and I. That, walhamdulillahi Rabb Al-Aalamin,

wa sallaa Allahu wa sallam wa barak alaa Nabiyyinaa Muhammad, wa alaa Aalihi wa Sahbihi

ajmain.

1 Tarikh Al-Islam of Al-Dhahabi rahimahu Allah, 630-631, p. 203-204, via: Tabaqat Ahl Al-Dhahir, p. 151. 2 Siyar Alam Al-Nubala of Al-Dhahabi rahimahu Allah, 19/120.

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Issue: The Religion of Islam is only taken from the Quran or the Sunnah, 5

Issue: The Mawquf and Mursal Hadith are not proofs, 6

Issue: The Quran abrogates the Quran, and the Sunnah abrogates the Sunnah, 8

Issue: Abrogation and specification is with the Quran and the Sunnah, 9

Issue: The Ijma is that which is certain that all of the Companions of the Messenger of

Allah knew of, 11

Issue: It is not allowed for the people of an era to form an Ijma over a mistake even for an

instant, 12

Issue: The people disagreed or one of them disagreed over an issue, 13

Issue: Qiyas, 14

Issue: The actions of the Prophet are not obligatory except those which are clarifications of

an order, 20

Issue: It is not allowed for us to follow the Shariah of a Prophet before our Prophet, 21

Issue: It is not allowed for anyone to make Taqlid of another person alive or dead, 22

Issue: He asks about who the most knowledgeable person of the Religion in his land is, 24

Issue: There is no judgment upon the mistake nor forgetfulness, 25

Issue: Every obligatory act prescribed that Allah Taaalaa obligated upon the person, 26

Issue: It is not allowed for anyone to perform any action of the Religion before the

prescribed time that it is due, 27

Issue: The Mujtahid who is incorrect is better with Allah Taaalaa than the Muqallid who is

correct, 28

Issue: The Truth is only one among the various differing statements, 29

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Abu Muhammad Ali Bin Hazm rahimahu Allah said:

Issue: The Religion of Islam is only taken from the Quran or the Sunnah

Issue: The Religion of Islam that is obligatory on everyone is not taken except from the Quran,

or what has been authentically established upon the Messenger of Allah sallaa Allahu alaihi wa

sallam: Either through the narration of all the scholars of the Ummah from him alaihi alsalat

walsalam, and this is the Ijma,3 or through the narration of a group of scholars from him alaihi

alsalat walsalam, and it is the [transmission known as:] Al-Naql Al-Kaaffah,4 or through the

narration of Thiqat5 each one narrating from the other such that it reaches the Prophet alaihi

alsalat walsalam,6 and nothing else. Allah Taaalaa said (paraphrased): {And he does not speak

with desire, it is only Divine Revelation that he is inspired with}7, and Allah Taaalaa said

(paraphrased): {Follow that which has been sent down to you from your Lord, and do not follow

besides Him Awliya}8, and Allah Taaalaa said (paraphrased): {On this day I have completed

for you your Religion}9.

And if it seems to a person that two Ayah or two authentic Hadith contradict each other, or that

an authentic Hadith contradicts an Ayah, then what is obligatory is to use them all together,

because obedience to them all is equally obligatory, so it is not allowed to leave one for the other

so long as we are able to use them all together, and this can only be by making an exception that

Ayah or Hadith that contains with it a lesser meaning than the other. And if that is not possible, it

is then obligatory to take that which has an addition in ruling, because its status as being

obligatory is certain, and it is not allowed to leave certainty for assumption.

And there are no problematic issues in the Religion. Allah Taaalaa said (paraphrased): {On this

day I have completed for you your Religion},10 and Allah Taaalaa said (paraphrased): {It (i.e.

the Quran) is a clarification for everything}.11

3 Agreement. See footnote no. 30. 4 The transmission of a narration from a group in such a way that we are certain they have not previously gathered together to purposely decide on doing so, even if, as Ibn Hazm rahimahu Allah says in Al-Fasl (1/123), this group consisted of two narrators or more. (See: Dhahiriyyat Ibn Hazm Al-Andalusi: Nadhariyyat Al-Marifah Wa Manahij Al-Bahth, by: Anwar Al-Zughbi, p. 141.) 5 Trustworthy narrators; those who fulfill the rights of their Religion, and are thus not evil-doers, and they who are of sound memory, such that they can precisely memorize a narration and transmit it as they heard it. 6 Also known as: Al-Khabr Al-Aahad. 7 Al-Quran (53:3-4). 8 Al-Quran (7:3). 9 Al-Quran (5:3) 10 Previous. 11 Al-Quran: (16:89).

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Issue: The Mawquf and Mursal Hadith are not proofs

The Mawquf and Mursal narrations are not proofs, nor is proof that which is narrated through he

whom we do not trust has fulfilled the obligations of his Religion, nor one whom we do not trust

possesses sound memory. And it is not allowed to leave what came in the Quran or what has

been authentically established upon the Messenger of Allah sallaa Allahu alaihi wa sallam for

the statement of a Companion or someone else, this being the case whether or not the

Companion is the one who narrated the Hadith.

And the Mursal narration is that which has between one of its narrators or between the narrator

and the Prophet sallaa Allahu alaihi wa sallam a narrator who is unknown,12 and the Mawquf

narration is that which does not reach the Prophet sallaa Allahu alaihi wa sallam.13 The proof

which invalidates the status of the Mawquf narration as proof itself: Allah Azza wa Jal said

(paraphrased): {So that there not be after the Messengers a proof with Allah}14. So there is no

proof in the statement of anyone besides the Messenger of Allah sallaa Allahu alaihi wa sallam,

and it is not allowed for anyone to attribute any such statement to the Messenger of Allah sallaa

Allahu alaihi wa sallam because that would be an assumption, and Allah Taaalaa has said

(paraphrased): {And indeed assumptions are not a substitute for the Truth},15 and Allah Taaalaa

said (paraphrased): {And do not follow that of which you have no knowledge}.16

And as for the Mursal narration as well as any narration the Isnad17 of which has a narrator

whom we do not trust has fulfilled the rights of his Religion, nor do we trust possesses sound

memory, then the proof of such a narrations invalidity as proof itself is the statement of Allah

Taaalaa (paraphrased): {Of every group (of the believers), only a party should go forth, so that

those who stay behind can learn the Religion, and so that they can warn their people once they

return to them}.18 So Allah has made obligatory the accepting of the warning of a person in order

to learn the Religion, and He said (paraphrased): {O you who believe, if an evil-doer comes to

you with news, then be certain of it, less you harm a people out of ignorance, and thus become

regretful over what you have done}.19 And there is not in the world except one who is just or one

who is evil, and Allah Taaalaa has prohibited us from accepting the news of an evil-doer, so

12 The Mursal narration is more commonly defined as a narration in which a Tabii says: The Messenger of Allah sallaa Allahu alaihi wa sallam said: Such and such. A Tabii, of course, has never seen the Prophet sallaa Allahu alaihi wa sallam, and has only met the Companions radhi Allahu anhum. Therefore, such narrations are considered disconnected and inauthentic insofar as the speech of the Prophet sallaa Allahu alaihi wa sallam is concerned. 13 The Mawquf narration is also commonly known as the narration (or Athar) of a Companion or Tabii. In other words, the final narrator in the Isnad will narrate what he heard a Companion or Tabii say. 14 Al-Quran: (4:165). 15 Al-Quran: (53:28). 16 Al-Quran: (17:36). 17 A Hadiths or narrations chain of transmission, made up of narrators, each of whom narrates from the other, until the final narrator in the Isnad narrates what he heard from the Prophet sallaa Allahu alaihi wa sallam, or in the case of an Athar, what he heard from the Companion or Tabii, which would be a Mawquf narration. 18 Al-Quran: (9:122). 19 Al-Quran: (49:6).

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there is not left except the one who is just, and it has been authentically established that it is he

whose warning we must accept.

And as for the Majhul,20 then we are not upon certainty that he is of the description of he whose

warning Allah Taaalaa ordered us to accept; that description being of one who has learned the

Religion, so it is not allowed for us to accept his warning until we authentically establish his

having learned the Religion as well as the soundness of his memory, such that he can precisely

narrate what he heard exactly as he heard it, and until we authentically establish his innocence of

being an evil-doer as per the Religion, and with Allah Taaalaa is the Success.

And no one from the nations has disagreed that the Messenger of Allah sallaa Allahu alaihi wa

sallam has sent to the kings a messenger a single messenger in every kingdom to call them

to Islam one by one; to every city and to every tribe, like Al-Sanaa, Al-Jund, Hadramawt,

Taimaa, Najran, Al-Bahrain, Amman, and others; to teach them all the rulings of the Religion,

making it obligatory in every direction the messenger went for the people to accept the narration

of their leader and teacher. Therefore, accepting Al-Khabr Al-Wahid: The narration of the Thiqah

from one like him until the Isnad of such a narration reaches the Messenger of Allah sallaa

Allahu alaihi wa sallam,21 has been authentically established.

And he who leaves the Quran or what has been authentically established upon the Messenger of

Allah sallaa Allahu alaihi wa sallam for the statement of a Companion or someone else,

whether or not that Companion or other was the narrator of the Hadith, has left what Allah

Taaalaa ordered him to follow for the statement of he whom Allah Taaalaa has not ordered to

obey or follow at all, and this is in opposition to the Order of Allah Taaalaa. And a

Companions noble status with Allah does not make obligatory the act of making Taqlid22 of that

Companions statement, nor making Tawil23 of it, because Allah Taaalaa has not ordered this,

rather this only obligates the veneration and love of that Companion, and accepting his narration,

because this is what Allah Taaalaa made obligatory.

20 In Hadith terminology, the Majhul is the narrator who is unknown, either with regards to his identity or status as Thiqah. 21 A narration which does not reach the level of what is known in Hadith terminology as Mutawatir. See footnote no. 2 for the latter. Explaining such terms in depth is not feasible here, therefore it is advised to refer to any beginners text on Hadith terminology. 22 Taqlid is the act of following a persons statement without knowing that persons evidence. Here it means to take the statement of the Companion as is while not knowing the evidence which Ayah, or which Hadith on which that Companion based his statement. 23 Tawil is the act of interpreting a statement in a way other than its apparent meaning suggests. In this context, it is to assume that the Companion is actually narrating a Hadith without explicitly mentioning so.

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Issue: The Quran abrogates the Quran, and the Sunnah abrogates the Sunnah

Issue: And the Quran abrogates the Quran, and the Sunnah abrogates the Sunnah and the

Quran. Allah Azza wa Jal said (paraphrased): {We do not abrogate an Ayah nor cause to be

forgotten; We come with better than it or with one like it}.24 Allah Taaalaa said (paraphrased):

{So that you (i.e. the Prophet sallaa Allahu alaihi wa sallam) can make clear to the people what

has been sent down to them}.25 And Allah Taaalaa said (paraphrased): {And he does not speak

with desire, it is only Divine Revelation that he is inspired with}.26 And Allah Taaalaa ordered

the Prophet sallaa Allahu alaihi wa sallam to say (paraphrased): {I only follow what has been

revealed to me}.27 And Allah Taaalaa said (paraphrased): {And if he (i.e. the Prophet sallaa

Allahu alaihi wa sallam) had forged a false saying concerning Us (i.e. Allah), We surely should

have seized him by his right hand, and then certainly should have cut off his life artery, and none

of you could withhold Us from (punishing) him}.28 And it has been authentically established that

everything that the Messenger of Allah sallaa Allahu alaihi wa sallam said is from Allahs

Revelation.29 And abrogation is a part among the parts or means of clarification, and all of that is

from Allah Taaalaa.

24 Al-Quran: (2:106). 25 Al-Quran: (16:44). 26 Al-Quran (53:3-4). 27 Al-Quran: (46:9). 28 Al-Quran: (69:44-47). Retrieved from: www.thenoblequran.com 29 Al-Quran: (53:3-4).

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Issue: Abrogation and specification is with the Quran and the Sunnah

Issue: And it is not allowed for anyone to claim that an Ayah or authentic report from the

Messenger of Allah sallaa Allahu alaihi wa sallam is abrogated, or that some of the Dhahir30 of

its wording is specified; nor is it allowed to claim that this Nass31 has a Tawil that is not in

accordance with the Dhahir of its wording, nor that the ruling that is found in the Nass is not

obligatory for us to implement upon its being relayed. To claim as such is only allowed when

another Nass proves that such claims are true, or by a certain Ijma,32 or by the necessity of

sensation which obligates such a claim. Otherwise, one who makes such a claim is a liar. The

clear proof of this is the Statement of Allah Azza wa Jal (paraphrased): {And We have not sent

a Messenger except that he be obeyed by Allahs Permission},33 and Allah Taaalaa said

(paraphrased): {And We have not sent a Messenger except with the language of his nation to

make clear to them},34 and Allah Taaalaa said (paraphrased): {In a clear Arabic tongue}35, and

Allah Taaala said (paraphrased): {And there was a group of them who would hear the Words of

Allah, thereafter they would distort them after having comprehended them}36, and Allah

Taaalaa said (paraphrased): {Then let those who oppose his (the Prophets sallaa Allahu alaihi

wa sallam) order beware of being put to trial or being subject to a severe Punishment}.37

So Allah Taaalas Saying (paraphrased): {And We have not sent a Messenger except that he be

obeyed}38 obligates obeying the Messenger of Allah sallaa Allahu alaihi wa sallam in all that

he orders; and Allah Taaalaas Saying (paraphrased): {Obey Allah}39 obligates obeying the

Quran, and he who claims that an Ayah or report has been abrogated has invalidated the

obligation of obeying them, and is therefore in opposition to the Order of Allah regarding that.

So Allah Taaalas Saying (paraphrased): {And We have not sent a Messenger except with the

language of his nation to make clear to them}40 obligates taking every Nass in the Quran and

reports upon their Dhahir and what they necessitate. And he who interprets them in a way other

than what the Arabic language necessitates has opposed the Statement of Allah Taaalaa and His

Ruling, and has attributed to Allah falsehood and that which opposes the Statement of Allah

Azza wa Jal. And he who claims the intent of the Nass to mean only what some of the Arabic

language necessitates and not all of what it necessitates has invalidated the clarification of the

Nass and rendered void the obligation of obeying it, and such a claim is a lie, and this is to

attribute falsehood to Allah Taaalaa.

30 The apparent or manifest meaning. 31 An Ayah or Hadith. 32 See the upcoming section. 33 Al-Quran: (4:64). 34 Al-Quran: (14:4). 35 Al-Quran: (26:195). 36 Al-Quran: (2:75). 37 Al-Quran: (24:63). 38 Al-Quran: (4:64). 39 Al-Quran: (4:59). 40 Al-Quran: (14:4).

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And part of what the Nass necessitates is not more worthy of restricting obedience to than the

rest of what it necessitates. Allah Taaalaas Statement (paraphrased): {Then let those who

oppose his (the Prophets sallaa Allahu alaihi wa sallam) order beware}41 obligates a threat

being directed to the one who says: Obeying his orders is not obligatory, and it obligates that

all of the Nusus are of the status being obligatory. And he who claims it is allowed to prolong the

obligation of implementing the Order of Allah and His Messenger sallaa Allahu alaihi wa

sallam for any length of time has invalidated the obligation of obeying Allah and his Messenger

sallaa Allahu alaihi wa sallam during that length of time, and this is in opposition to the Order

of Allah Azza wa Jal. But if the Quran or an authentic Sunnah bore witness to some of what we

have just mentioned, either through Ijma or an authentic transmission, the statement of the one

who made such claims is then authentically established, and thus obeying Allah Taaalaa in

doing so is obligatory. The same applies to such claims if the necessity of sensation bore witness

to them as being true, because this is something Allah Taalaa has created within mans self.

Otherwise, such claims allow for the rendering of Islam as void, as well as all of the sciences and

languages. And this is enough to prove the evil of making such claims without the

aforementioned proof. And with Allah Taaalaa is the Success.

41 Al-Quran: (24:63).

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Issue: The Ijma is that which is certain that all of the Companions of the Messenger of

Allah knew of42

Issue: And the Ijma is that which it is certain that all of the Companions of the Messenger of

Allah sallaa Allahu alaihi wa sallam knew of and took as their position, with not a single one of

them disagreeing; like our certainty that all of them radhi Allahu anhum prayed the five prayers

with the Prophet alaihi alsalam as they are in the number of their Ruku and Sujud, or that they

knew that he prayed them like that with the people, and that they all fasted with him, or knew

that he fasted Ramadan with the people while not traveling. And the rest of the Legislations as

well, which we are also certain of. [And the Ijma] is also that which if a person were not to

agree with, he would not be of the believers; and no one disagrees that this is an Ijma. And the

Companions radhi Allahu anhum at the time were all the believers, there not being another

believer on the earth besides them. And he who claims an Ijma other than this has placed a

burden on himself to prove what he claims, and there is no way to do so.

Issue: And whatever disagreement by any one of them that has been authentically established, or

if it is not certain that every one of them radhi Allahu anhum knew of it and took as their

position, then it is not an Ijma, because he who claims an Ijma in such a case has lied, and has

followed that of which he has no knowledge, and Allah Taaalaa says (paraphrased): {And do

not follow that of which you have no knowledge}.43

42 See the section on Ijma in Al-Ihkam Fi Usul Al-Ahkam of Ibn Hazm rahimahu Allah, volume four. Al-Sheikh Al-Albani rahimahu Allah recommended reading it in his book: Aadaab Al-Zifaf Fi Al-Sunnah Al-Mutahharah, p. 339 and elsewhere. 43 Al-Quran: (17:36).

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Issue: It is not allowed for the people of an era to form an Ijma over a mistake even for an

instant

Issue: The Ijma of the people of an era after the Companions radhi Allahu anhum the first of

them from the last of them, over a ruling in the Nass is not certain to be the Ijma of the

Companions, and were it allowed to be certain of an Ijma of a people of an era after the

Companions, the first of them from the last of them, over a ruling in the Nass that is not certain

to be the Ijma of the Companions radhi Allahu anhum, it would have been obligatory to be

certain that it is the Truth and a proof, while it would not have been an Ijma. As for being

certain that it is the Truth and a proof, this is due to what we have previously mentioned with its

Isnad from the statement of the Messenger of Allah sallaa Allahu alaihi wa sallam

(paraphrased): (There will not cease to be a group from my Ummah manifest upon the Truth;

they will not be harmed by those who forsake them, until the Matter of Allah arrives).44 So it has

been authentically established from this that it is not allowed at all for a people of an era to form

an Ijma for even an instant over a mistake; and there is no doubt that one among them will

speak the Truth. And as for this not being an Ijma, this is because the people of every era after

the era of the Companions radhi Allahu anhum are not all of the believers, rather they are some

of the believers, and the Ijma is the Ijma of all the believers, not some of them. And were it

allowed to call an Ijma the agreement of a large group from which one person has been left out,

not knowing whether or not this person has agreed with them, it would then be allowed to call an

Ijma the agreement of a large group from which two, three, or four people have been left out.

And this continues forever, until the matter reaches the point where an Ijma is known as what

one person has agreed to as his position, and this is falsehood. However, there is no way to be

certain of the Ijma of a people of an era after the Companions radhi Allahu anhum in such a

manner. Rather the Companions were of a number of which it would have been possible to take

account and precisely identify their positions in an issue, and with Allah Taaalaa is the Success.

And some people have said: The Ijma of a people of an era after that of the Companions radhi

Allahu anhum can be known through knowing the acceptance of the companions of Malik, Abu

Hanifah, and Al-Shafii with their statements. Ali (Bin Hazm) said: And this is incorrect,

because there is no way for a position to be claimed by those Fuqaha except that it is possible

for there to be among their companions he who disagrees with them in it, even if he agrees with

the rest of their positions.

44 Sunan Al-Tirmidhi, Hadith no. 2229, authenticated by Al-Albani rahimahu Allah.

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Issue: The people disagreed or one of them disagreed over an issue

Issue: And if the people or one of them disagreed over an issue, it is obligatory to return the

matter to the Quran and the Sunnah of the Messenger of Allah sallaa Allahu alaihi wa sallam,

and not to anything else. And it is not allowed to return the matter to the actions of the people of

Madinah or others besides them. The clear proof of this is the Statement of Allah Azz wa Jal

(paraphrased): {O you who believe, obey Allah and obey the Messenger and the people of

authority among you. And if you disagree over something, then return it to Allah and the

Messenger if you believe in Allah and the Last Day}.45 Therefore it is authentically established

that it is not allowed in times of disagreement to return the matter to anything other than the

Speech of Allah and the Sunnah of His Messenger sallaa Allahu alaihi wa sallam. And in this is

the impermissibility of returning the matter to the statement of anyone besides the Messenger of

Allah sallaa Allahu alaihi wa sallam, because he who returns the matter to the statement of a

person besides him alaihi alsalam has opposed the Order of Allah Taalaa in returning the

matter to Him and His Messenger, especially since Allah Taaalaa said (paraphrased): {if you

believe in Allah and the Last Day}.

And Allah Taaalaa has not ordered the returning of a matter to some of the believers apart from

all of them. And the Khulafa radhi Allahu anhum like Abu Bakr, Umar, and Uthman

were in Madinah, and those who worked for them were in Yemen, Makkah, and the rest of the

lands; and those who worked for Umar were in Al-Basrah, Al-Kufah, Misr, and Al-Sham. And

what is certainly falsehood, that which can never be, is that the Khulafa radhi Allahu anhum

folded the knowledge of what is obligatory, permissible, and impermissible away from the rest of

the lands, and specified the people of Madinah with such knowledge. So this is an evil

characteristic that Allah Taaalaa has given them Refuge from. And the kings of Bani Umayyah

took to removing some of the Takbir from the prayer, and giving the Khutbah before the prayer

in the two Eids, this spreading in the lands. So it is authentically established that there is no

proof in the actions of anyone besides the Messenger of Allah sallaa Allahu alaihi wa sallam.

45 Al-Quran: (4:59).

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Issue: Qiyas

Issue: And using Qiyas46 in the Religion is not allowed, nor is opinion, because the Order of

Allah Taaalaa to return matters in issues of disagreement to His Book and to the Messenger of

Allah sallaa Allahu alaihi wa sallam has been authentically established, so he who returns such

a matter to Qiyas, to an Illah47 that he claims as such, or to opinion has opposed the Order of

Allah Taaalaa which ones Iman relates to, and has returned the matter to other than what Allah

Taaalaa ordered returning the matter to, and in this is there is [enough reason to not use Qiyas

and opinion in the Religion]. Ali [Bin Hazm] said: And the Statement of Allah Taaalaa

(paraphrased): {We have neglected nothing in the Book},48 and His Taaalaas Statement

[concerning the Quran that it is] (paraphrased): {A clarification for everything},49 and His

Taaalaas Statement (paraphrased): {That you clarify to the people what has been sent down to

them},50 [and] His Taaalaas Statement (paraphrased): {On this day I have completed for you

your Religion}51 is an invalidation of Qiyas and opinion; because the people of Qiyas and

opinion do not disagree that it is not allowed to use them so long as there is a Nass, and Allah

Taaalaa has borne witness that the Nass has not neglected anything, and that His Messenger

alaihi alsalat walsalam has made clear to the people what has been sent down to them, and that

the Religion has been completed so it has been authentically established that the Nass has

encompassed all of the Religion.

So if the matter is as stated, then there is not a need for anyone to resort to Qiyas nor to his

opinion nor the opinion of someone else. And we ask those who take the position of Qiyas: Is

every Qiyas true, or is it that some are true, while some are false? If he says: Every Qiyas is true,

then that is impossible, because the different Qiyas contradict one another, and invalidate the

other, and it can never be that a thing and its opposite in that which is impermissible and

permissible can both be true; and this is not a subject of abrogation nor specification; like the

conflicting reports which abrogate each other, or specify each other. And if he says: Some are

true, while some are false; it is said to him: Then tell us how it is you come to know the correct

Qiyas from the corrupt? And there is no way for them to ever find that. And if there does not

exist evidence for authenticating the correct Qiyas from the false, then all of it is thus invalidated

and it has become a claim without clear proof.

And if they claim that Qiyas is something that Allah Taaalaa ordered, they are to be asked

where they found this, and if they say: Allah Azza wa Jal said (paraphrased): {Then take

admonition, O you with eyes (to see)},52 it is said to them: The word Al-Itibar does not mean

in the language of the Arabs in which the Quran has been sent anything except wonder; Allah

46 Analogical reasoning. 47 An operative cause: The [Illah] is the specific set of circumstances that trigger a certain law into action. Retrieved from: https://en.wikipedia.org/wiki/Qiyas 48 Al-Quran: (6:38). Retrieved from: www.thenoblequran.com 49 Al-Quran: (16:89). 50 Al-Quran: (16:44). 51 Al-Quran: (5:3). 52 Al-Quran: (59:2). Retrieved from: www.thenoblequran.com

15

Taaalaa said (paraphrased): {And indeed in cattle is a lesson for you},53 i.e. a wonder. And He

Azza wa Jal said (paraphrased): {And in the stories of them was a lesson},54 i.e. a wonder. And

what is amazing is that the meaning of Itibar would be Qiyas, and that Allah Taalaa would

tell us to use Qiyas, thereafter He does not make clear for us what we should use Qiyas with, nor

how to use Qiyas, nor over what we should use Qiyas. There is no way to know this, because it is

not within the capacity of anyone to know something about the Religion except by Allah

Taaalaa teaching him upon the tongue of the Messenger of Allah sallaa Allahu alaihi wa

sallam. And Allah Taaalaa has said (paraphrased): {Allah does not burden a soul beyond what

it can bear}.55

For if they mention Ahadith and Ayat that contain within them likening a thing to another, and

that Allah judged and ruled such-and-such matter due to such-and-such matter, we say to them:

Everything that Allah Azza wa Jal and His Messenger sallaa Allahu alaihi wa sallam have said

concerning that is true and it is not allowed for anyone to oppose it, and it is a Nass that we take

as our position; and everything that you wish to liken with another thing in the Religion and to

make Talil of in that which neither Allah Taaalaa nor His Messenger alaihi alsalat walsalam

have given a Nass for is false and necessarily so, and is a legislation that Allah Taaalaa has not

given permission for. And this invalidates for them their exaggeration in mentioning the Ayah of

Jaza Al-Said56, and [the Hadith, paraphrased]: (Do you see that were you to gargle water)57, and

[the Ayah, paraphrased]: {Due to this We have written for Bani Israil}.58 And every Ayah and

Hadith they disguisedly mention is actually a proof against them in accordance with what we

have made clear in the book Al-Ihkam Fi Usul Al-Ahkam, and in the book Al-Nukat, and in the

book Al-Nadrah, and in the book Al-Nubthah.

Ali [Bin Hazm] said: And we have opposed them in every Qiyas they made with a Qiyas like it

and clearer than it in accordance with their Usul in order to show them the corruption of Qiyas

completely. So one of them disguisedly said: You invalidate Qiyas with Qiyas, and this is from

you a return to Qiyas and using it by you as proof; and you are, in doing so, like the one who

uses as proof the intellect against someone who uses as proof the intellect, and one who uses as

evidence the act of looking into the meanings against one who does the same. Ali [Bin Hazm]

said: So we said: This is a confused argument that is easy to ruin, and to Allah is all Praise. And

we do not use Qiyas as proof in order to invalidate Qiyas, and we seek refuge in Allah from that,

however we showed you that your principle of validating Qiyas which you have affirmed bears

witness to the corruption of all of the Qiyas you use. And there is no statement that is more of a

lie than one which renders itself a lie.

And Allah Taaalaa has given a Nass concerning this, for He Taaalaa has said (paraphrased):

{And the Jews and the Christians have said: We are the children of Allah and His loved ones.

53 Al-Quran: (16:66). 54 Al-Quran: (12:111). 55 Al-Quran: (2:286). 56 Al-Quran: (5:95). 57 Sunan Abi Dawud, Hadith no. 2385, authenticated by Al-Albani rahimahu Allah. 58 Al-Quran: (5:32).

16

Say: Then why does He punish you for your sins}.59 So this is not a validation of their claim that

they are the children of Allah and His loved ones, however it is a means of obligating them to

what falsifies their statement. And in doing so we are not as you mentioned: The likes of one

who uses the intellect as proof to invalidate the use of intellect as proof. On the contrary, the one

who does this validates his use of the intellect as proof, thus does his contradiction become

readily apparent. And the one who makes such statements has no other proof than this, so the

falseness of their claim becomes clear. And as for us, then we have never used a Qiyas that we

validate as proof to invalidate Qiyas; instead, we render as void Qiyas by the Nusus and the clear

proof of the intellect. Thereafter we clarify further by showing its internal corruption by pointing

to its contradictions, and the Qiyas that we contradict your Qiyas with. We acknowledge its

corruption and the corruption of your Qiyas which is like it and even weaker than it.

Just as we use as proof against the people of every false position their own statements whose

correctness they bear witness to; like the Mutazilah, Rafidah, Murjiah, Khawarij, Jews,

Christian, and Dahriyyah, showing them their corruption and contradictions. And you use that as

proof against them just as we do; and neither we nor you are of those who agree to those

statements which we use as proof against them. Rather they are, according to us, the pinnacle

falsehood and corruption. And similar to this is our using as proof against the Jews and

Christians the books that are in their hands. And we do not validate them; rather we say that they

are distorted and altered. However we do this to show them the contradictions of their principles

and branches of knowledge. Especially since all of the people of Qiyas differ over their Qiyas.

You can hardly find an issue except that every group among them uses a Qiyas they deem

correct which contradicts the Qiyas of the other. Yet they all acknowledge as a point of Ijma

that not every Qiyas is correct nor is every opinion true. Therefore we say to them: Bring, then,

that which distinguishes the correct Qiyas and correct opinion from the corrupt Qiyas and corrupt

opinion; and bring that which distinguishes the correct Illah which you only use Qiyas with

from the corrupt. Ali [Bin Hazm] said: And this is a (proverbial) place which, if they find to be

constricting, makes apparent the corruption of their statements completely. And they will never

have an answer to make understandable such a way. And with Allah Taaalaa is the Success.

And if they use as evidence a Nass, we say: The Nass is true and that which you intend to add to

the Nass with your opinions is falsehood, and in this you have opposed the Nass. And such is the

case without end. And if they claim that the Companions radhi Allahu anhum made an Ijma

over the position of Qiyas as proof, it is said to them: You have lied, rather the truth is that they

made an Ijma over its falsehood. The clear proof of their lie is that there is no way for them to

ever find a Hadith of any one of the Companions radhi Allahu anhum in which they spoke of

Qiyas as proof in absolute terms, except in a forged letter falsely attributed to Umar radhi

Allahu anhu, and in it is the following: Know things by their similarities, and use Qiyas with

the issues. And this letter has not been narrated except by Abd Al-Malik Bin Al-Walid Bin

Madan from his father,60 and he is untrustworthy without disagreement, and his father even

59 Al-Quran: (5:18). 60 Ahmad Shaker rahimahu Allah mentions: It has come through more than one Isnad, among them: A Wjadah of the level of Jayyid that is of the strength of a Sahih Isnad, if not stronger than it. See: Al-Muhallaa (1/60), with his

17

more so or the same as him. So how can this be, while in this letter itself are things that they

have opposed Umar radhi Allahu anhu in, and among those things his statement: [And Ibn

Hazm mentions rahimahu Allah them, among them: And the Muslims are just, except he who is

whipped as part of a legislated punishment, then says:] And they do not take this as their

position; meaning: All of those present of the people of companions of Qiyas: The Hanafis,

Shafiis, and Malikis among them. And if the statement of Umar were it to be authentic in

this letter, that is a proof, then his statement as well that the Muslims are all just except he

who is whipped as part of a legislated punishment is also a proof, and if his statement in that is

not a proof, then his statement in Qiyas is not a proof either. That is if it were authentic, so

consider this knowing that it is not authentic.

And as for the clear proof of the correctness of our statement on the Ijma of the Companions

radhi Allahu anhum over the falsehood of Qiyas, then no two people disagree that all the

Companions believe in the Quran, in which there is (paraphrased): {On this day I have

completed your Religion for you and completed My Favor upon you}61, and (paraphrased):

{And if you disagree over something, then return it to Allah and the Messenger if you believe in

Allah and the Last Day}.62 So it is of falsehood that can never be that the Companions radhi

Allahu anhum know of this and believe in this, thereafter in times of disagreement they return

the matter to Qiyas or opinion. This is something that someone of intellect does not assume, so

how can this be, while it has been authentically established upon Al-Siddiq radhi Allahu anhu

that he said: What land will carry me, and what sky will give me shade, if I were to speak about

an Ayah in the Book of Allah with my opinion or with what I do not know. And it has been

authentically established upon Al-Faruq radhi Allahu anhu that he said: Do not act on the

Religion with opinion, and indeed opinion from us is assumption and a burden. And from

Uthman radhi Allahu anhu who said in a Fatwa he gave: It was an opinion that I had; so he

who wishes may take it, and he who wishes may leave it. And from Ali radhi Allahu anhu:

Were the Religion to be understood with opinion, the sole of the Khuff would have been more

worthy of wiping than its surface.

And from Sahl Bin Hunaif radhi Allahu anhu: O people, do not act upon your Religion with

your opinions. And from Ibn Abbas radhi Allahu anhumaa: He who spoke of the Quran

with his opinion, then let him take his seat in the Fire. And from Ibn Masud radhi Allahu

anhu: I will speak of this with Ijtihad and opinion, so if it is correct then it is from Allah, and if

it is incorrect, then it is from the Shaitan and I, while Allah and His Messenger are innocent of

it. And from Muath Bin Jabal in the Hadith: Words not found in the Book of Allah Azza wa

Jal nor are they from the Sunnah of the Messenger of Allah sallaa Allahu alaihi wa sallam will

be innovated, so beware of them, for indeed they are innovations and misguidance. And in this

sense was every opinion issued from some of the Companions radhi Allahu anhum: It was not

commentary rahimahu Allah. Ibn Hazm rahimahu Allah, however, does not authenticate Hadith that have come by way of Wjadah. 61 Al-Quran: (5:3). 62 Al-Quran: (4:59).

18

that they were imposed, nor that they were the Truth.63 However, they were issued out of

compassion, or agreement, or out of wanting to keep away from the impermissible, and were not

issued to obligate the people with. And the Hadith of Muath in which there is mention of

performing Ijtihad with opinion is not authentic, because it has not been narrated except by Al-

Harith Bin Amr, and he is Majhul, we do not know who he is; and from him a man from the

people of Hims who has not been named, who narrates it from Muath. And we have mentioned

all of the Asanid of these Ahadith in our previously mentioned book, and to Allah Taaalaa is

All Praise. Ahmad Bin Qasim narrated to us, Abu Qasim Bin Muhammad narrated to us, my

grandfather Qasim Bin Asbagh narrated to us, Muhammad Bin Ismail Al-Tirmidhi reported to

us, Nuaim Bin Hammad reported to us, Abd Allah Bin Al-Mubarak reported to us, Isa Bin

Yunus Bin Abi Ishaq, from Jarir Bin Uthman Bin Abd Al-Rahman Bin Jubeir Bin Nufair, from

his father, from Awf Bin Malik Al-AshjaI, who said: The Messenger of Allah sallaa Allahu

alaihi wa sallam said (paraphrased): (My Ummah will split into (a certain number) of sects, the

worst of them upon my Ummah will be a group who will use Qiyas in matters with their

opinions, so they will make permissible the impermissible, and make impermissible the

permissible).64

Ali [Bin Hazm] said: And all of the Shariah is either obligatory such that one who does not

perform an action has sinned, or impermissible such that one who does perform an action has

sinned, or permissible, such that one who performs an action does not sin, nor does one sin if one

were to not perform this action. And this status of permissibility is made up of three categories:

Either a permissible action is recommended, such that one who performs it is rewarded, incurring

no sin if one were to leave it; or hated, such that one who does not perform it is rewarded,

incurring no sin were one to perform it; or it can be such that one is not rewarded for performing

it nor is one sinning for performing it. And Allah Azza wa Jal said (paraphrased): {He created

for you everything that is on the earth},65 and He Taaalaa said (paraphrased): {And He has

explained in detail for you what is impermissible for you},66 so it has been authentically

established that everything is allowed except that whose impermissibility has been explained in

detail in the Quran or the Sunnah.

Abd Allah Bin Yusuf narrated to us, Ahmad Bin Fath narrated to us, Abd Al-Wahhab Bin Isaa

narrated to us, Ahmad Bin Muhammad narrated to us, Ahmad Bin Ali narrated to us, Muslim

Bin Al-Hajjaj narrated to us, Zuhair Bin Harb reported to me, Yazid Bin Harun narrated to us,

Al-Rabi Bin Muslim Al-Qurashi narrated to us, from Muhammad Bin Ziyad, from Abi

Hurairah, that the Messenger of Allah gave a Khutbah, so he said (paraphrased): (O people,

indeed Allah has obligated upon you the Hajj, so perform the Hajj. So a man said: Every year,

O Messenger of Allah? So he became quiet, until the man repeated the question three times. So

the Messenger of Allah sallaa Allahu alaihi wa sallam said: Were I to say yes, it would have

been obligatory upon you, and you would not have been able to. Leave me with what I have left

63 I.e. some of their statements radhi Allahu anhum were correct, while some were not, while everything of the Quran and Sunnah is true. 64 Both Ahmad Bin Hanbal and Yahia Bin Main rahimahumaa Allah declared this Hadith to be without origin. 65 Al-Quran: (2:29). 66 Al-Quran: (6:119).

19

you with, for indeed those before you were destroyed due to their excessive questioning and

differing with their Prophets, for if I order you to do something, then do of it as much as you are

able, and if I prohibit you from something, then leave it.)67 Ali [Bin Hazm said]: So this Hadith

has gathered all of the rulings of the Religion, the first of them to the last of them. For in it is that

what the Prophet sallaa Allahu alaihi wa sallam remained silent on, such that he does not order

the people to do it nor does he prohibit them from it, is allowed and not impermissible nor is it

obligatory. [And in the Hadith] is that what he ordered is obligatory, and that what he prohibited

is impermissible, and that what we are obligated with concerning what he ordered is that which

we are able to do only, and that we perform it once such that we carry out what has been

obligated upon us, and that we are not obligated to repeat it. So what need is there for Qiyas or

opinion in light of this clear clarification? And we thank Allah for His Great Favors.

For if someone were to say: It is not allowed to render void the position of Qiyas until you show

us a Nass in the Quran where it has been made impermissible, it is said to them: We have

shown you the clear proof in the form of a Nass regarding this, and that in a disagreement a

matter is not to be returned except to the Quran and the Sunnah only, and Allah Taaalaa said

(paraphrased): {Follow that which has been sent down to you from your Lord, and do not follow

besides Him Awliya},68 and Allah Taaalaa said (paraphrased): {So put not forward similitudes

for Allah (as there is nothing similar to Him, nor He resembles anything). Truly! Allah knows

and you know not.},69 and Qiyas is to put forward a similitude in the Religion of Allah Taaalaa.

Then it is said to them: Were the Rawafid to oppose you with similar to this, and say to you: It

is not allowed to invalidate the position offollowing the Imam unless you find for us the ruling

for its impermissibility in the form of a Nass; or were someone else of every other position of

making Taqlid of a specific person were to say this to you, with what will you respond? Rather

the Truth is that it is not allowed to say that Allah Taaalaa has made something impermissible,

permissible, or obligatory except with a Nass and only that. And with Allah Taaalaa is the

Success.

67 Sahih Muslim, Hadith no. 1337. 68 Al-Quran: (7:3). 69 Al-Quran: (16:74). Retrieved from: www.thenoblequran.com

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Issue: The actions of the Prophet are not obligatory except those which are clarifications of

an order

Issue: And the actions of the Prophet sallaa Allahu alaihi wa sallam are not obligatory, except

those which are clarifications of an order, and in such cases they are an order, however emulating

him alaihi alsalam even in such cases is good. And the clear proof of this is the report which we

previously mentioned, in which it is found that nothing is obligatory upon us except that which

we have been ordered with or prohibited from, and that what he is silent on is a mercy and left

aside for us. And He Azza wa Jal said (paraphrased): {And indeed in the Messenger of Allah

there is a good example for you}.70

70 Al-Quran: (33:21).

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Issue: It is not allowed for us to follow the Shariah of a Prophet before our Prophet

Issue: And it is not allowed for us to follow the Shariah of a Prophet before our Prophet sallaa

Allahu alaihi wa sallam. Allah Azza wa Jal said (paraphrased): {To each among you, We have

prescribed a law and a clear way}.71 Ahmad Bin Muhammad Bin Al-Jasur narrated to us, Wahb

Bin Masarrah narrated to us, Muhamamd Bin Waddahh narrated to us, Abu Bakr Bin Abi

Shaibah narrated to us, Hushaim narrated to us, Sayyar reported to us, from Yazid Al-Faqir, Jabir

Bin Abdillah reported to us, that the Prophet sallaa Allahu alaihi wa sallam said (paraphrased):

(I have been given five things that none before me have been given: (they are mentioned, after

which the Prophet sallaa Allahu alaihi wa sallam says) and a Prophet used to be sent

specifically to his nation, while I have been sent to all the people).72

Therefore if it has been authentically established that the Prophets alaihim alsalam were not

sent to anyone except their nations specifically, then it has been authentically established that

their Shariah are not obligated except upon those whom they were sent to only. And if they

were not sent to us, then they have not addressed us at all with anything, nor have they ordered

us nor prohibited us. And were they to order, prohibit, and address us, our Prophet sallaa Allahu

alaihi wa sallam would not hold more favor over them regarding this. And he says the

aforementioned has rendered this Hadith false, and rendered void this favor that the Prophet

sallaa Allahu alaihi wa sallam holds, which Allah Taaalaa has specified him with. So if it has

been authentically established that the Prophets alaihim alsalam did not address us with

anything, then it has been authentically established with certainty that their Shariah does not

obligate us. And with Allah Taaalaa is the Success.

71 Al-Quran: (5:48). Retrieved from: www.thenoblequran.com 72 Also see: Sahih Al-Bukhari, Hadith no. 335.

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Issue: It is not allowed for anyone to make Taqlid of another person alive or dead

Issue: And it is not allowed for anyone to make Taqlid of another person, neither alive nor dead,

and it is upon everyone to perform Ijtihad according to their level. So he who asks about his

Religion wants to know about what Allah Azza wa Jal obligated upon him in this Religion, so if

he is the most ignorant of the people it is obligatory upon him to inquire about the most

knowledgeable person of the Religion which the Messenger of Allah sallaa Allahu alaihi wa

sallam came with. So if he finds such a person, he asks him. And if he is given the Fatwa, he

asks him: Is this what Allah Azza wa Jal and His Messenger sallaa Allahu alaihi wa sallam

said? For if he says: Yes, the questioner takes that ruling and acts upon it always. And if he

says instead: This is my opinion, or: This is Qiyas, or: This is the statement of so-and-so,

and he mentions a Companion, Tabii, or a Faqih of the past or present; or remains silent,

rebukes him, or says: I do not know; it is not allowed for the questioner to accept that Fatwa,

rather he asks someone else. The clear proof of this is the Statement of Allah Azza wa Jal

(paraphrased): {Obey Allah and obey the Messenger and the people of authority among you}.73

So Allah Azza wa Jal did not order us at all to obey only some of the people of authority;

therefore he who makes Taqlid of a scholar or group of scholars has neither obeyed Allah

Taaalaa nor His Messenger sallaa Allahu alaihi wa sallam nor the people of authority. And

since such a person has not returned the matter to those whom we mentioned, he has then

opposed the Order of Allah Azza wa Jal. And Allah Azza wa Jal has not ordered at all the

obedience of some of the people of authority and not others.

For if it is said: Allah Azza wa Jal said (paraphrased): {So ask Ahl Al-Thikr if you do not

know},74 and Allah Taaalaa said (paraphrased): {So that they may learn the Religion and to

warn their people},75 we say: Yes, and Allah Azza wa Jal has not ordered that in order to learn

the Religion we should accept from a person his opinion, nor that Ahl Al-Thikr should have their

opinion obeyed nor what they legislate in the Religion of which Allah Azza wa Jal has not given

permission for. Rather Allah Taaalaa ordered that Ahl Al-Thikr be asked about what they know

of the Thikr revealed from Allah only; not about what one without authority to be listened to or

obeyed said. Allah Taaalaa ordered to accept the warning of the warner to learn the Religion

when that warning is what he learned of the Religion of Allah Taaalaa which the Messenger

sallaa Allahu alaihi wa sallam came with, not when it is a religion Allah Azza wa Jal did not

legislate. And he who claims that a common persons Taqlid of the Mufti is obligatory has

claimed falsehood and has spoken that which no Nass from the Quran or Sunnah, nor an Ijma

or Qiyas has ever come with. And so long as this is the case, then it is falsehood, because it is a

statement without evidence, rather the clear proof has invalidated it. Allah Taaalaa said,

disparaging a people who said (paraphrased): {We obeyed our leaders and elders, so they

misguided us from the path}.

And the meaning of Ijtihad is to struggle in seeking the Religion of Allah Azza wa Jal which He

obligated upon His slaves. And every person of sound sense knows by necessity that the Muslim

73 Al-Quran: (4:59). 74 Al-Quran: (16:43). 75 Al-Quran: (9:122).

23

is not a Muslim until he accepts that Allah Taaalaa is his Lord and that none has the right to be

worshiped in Truth but He, and that Muhamad is the Messenger of Allah sallaa Allahu alaihi

wa sallam in this Religion to him and others besides him. And since there is no doubt about this,

then every questioner on earth who inquires of a situation concerning his Religion should ask

about the judgment of Allah Taaalaa concerning that situation. And since there is no doubt

about this, then it is obligatory upon him to ask upon receiving the Fatwa: Is this the judgment

of Allah and the judgment of His Messenger sallaa Allahu alaihi wa sallam? And no one who

knows of Islam is incapable of doing thisand with Allah is the Success.

24

Issue: He asks about who the most knowledgeable person of the Religion in his land is

Issue: And if it said to the one who asks about who the most knowledgeable person of the

Religion in his land is: This is a companion of the Hadith of the Prophet sallaa Allahu alaihi

wa sallam, and this is a companion of opinion and Qiyas, then he should ask the companion of

Hadith, and it is not allowed for him to ask the companion of the Hadith. The clear proof of this

is the Statement of Allah Azza wa Jal (paraphrased): {On this day I have completed for you

your Religion},76 and His Taaalaas Saying (paraphrased): {So that you make clear to the

people what has been sent down to them}.77 So this is the Religion; there not being a Religion

besides it, and opinion and Qiyas are assumptions, and assumptions are falsehood.

Ahmad Bin Muhammad Bin Al-Jasur narrated to us, Ahmad Bin Said narrated to us, Ibn

Waddahh narrated to us, Yahia Bin Yahia narrated to us, Malik narrated to us, from Abi Al-

Zinad, from Al-Araj, from Abi Hurairah, that the Messenger of Allah sallaa Allahu alaihi wa

sallam said (paraphrased): (Beware of assumptions, for indeed assumptions are the most lying of

speech).78

Yunus Bin Abdillah narrated to us, Yahia Bin Malik Bin Aith narrated to us, Abu Abdillah

Bin Abi Hanifah reported to us, Abu Jafar Ahmad Bin Muhammad Bin Salamah Al-Tahawi

reported to us, Yusuf Bin Yazid Al-Qaratisi narrated to us, Said Bin Mansur reported to us, Jarir

Bin Abd Al-Majid reported to us, from Al-Mughirah Bin Miqsam, from Al-Shabi, who said:

The Sunnah is not understood through Qiyas.

Muhammad Bin Said Bin Nabat narrated to us, Ismail Bin Ishaq Al-Basri reported to us,

Ahmad Bin Said Bin Hazm reported to us, Muhammad Bin Ibrahim Bin Haiwan Al-Hijazi

reported to us, Abdullah Bin Ahmad Bin Hanbal reported to us, and said: I heard my father say:

The Daif79 Hadith is more beloved to us than opinion.

Hamam Bin Ahmad narrated to us, Abbas Bin Asbagh reported to us, Muhammad Bin Abd Al-

Malik Bin Aiman narrated to us, Abdullah Bin Ahmad Bin Hanbal said: I asked my father about

a man in a land in which only a companion of Hadith who does not know the authentic from the

inauthentic, and a companion of opinion can be found. So a situation occurs whom should he

ask? So my father said: He asks the companion of Hadith, and does not ask the companion of

opinion; the Daif Hadith is stronger than the opinion of Abi Hanifah.

76 Al-Quran: (5:3). 77 Al-Quran: (16:44). 78 Also see: Sahih Al-Bukhari, Hadith no. 5143. 79 Daif: Weak.

25

Issue: There is no judgment upon the mistake nor forgetfulness

Issue: And there is no judgment upon the mistake nor forgetfulness, except in such specific cases

when a judgment is prescribed for them in the Quran or the Sunnah. Allah Taaalaa said

(paraphrased): {And there is not upon you any sin in that which you are mistaken, except in what

your hearts intended thereby},80 and Allah Azza wa Jal said (paraphrased): {Our Lord, do not

hold us accountable if we forget or make a mistake}.81

80 Al-Quran: (33:5). 81 Al-Quran: (2:286).

26

Issue: Every obligatory act prescribed that Allah Taaalaa obligated upon the person

Issue: And every obligatory act that Allah Taaalaa obligated upon a person is obligatory to

perform if he is able to, and if he is unable to perform the act in its entirety then he is released

from that obligation, and if he is able to perform some of it and not the rest, that which he is

unable to perform is no longer required of him, while he is obligated to perform of it that which

he is able, whether it is the least of it or most. The clear proof of this is the Statement of Allah

Azza wa Jal (paraphrased): {Allah does not burden a soul beyond what it can bear},82 and the

statement of the Messenger of Allah sallaa Allahu alaihi wa sallam (paraphrased): (If I order

you to do something, then do of it as much as you are able).83 And we have mentioned this

Hadith previously along with its Isnad. And with Allah Taaalaa is the Success.

82 Quran: (2:286). 83 Sahih Muslim, Hadith no. 1337.

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Issue: It is not allowed for anyone to perform any action of the Religion before the

prescribed time that it is due

Issue: And it is not allowed for anyone to perform an action of the Religion before the

prescribed time that it is due. So if it was the beginning of its time and the end of its time, it is

not allowed to perform the action before its time nor after, due to Allah Taaalaas Saying

(paraphrased): And he who transgresses the boundaries of Allah has oppressed himself},84 and

Allah Taaalaa said (paraphrased): {These are the Boundaries of Allah, so do not transgress

them}.85 And the timings are boundaries, so he who transgresses an actions time by performing

it before or after the time Allah Taaalaa prescribed it to be performed has transgressed the

Boundaries of Allah.

Abdullah Bin Yusuf narrated to us, Ahmad Bin Fathh narrated to us, Abdul Wahhab Bin Isa

narrated to us, Ahmad Bin Muhammad narrated to us, Ahamd Bin Ali reported to us, Muslim

Bin Al-Hajjaj reported to us, Ishaq Bin Ibrahim and he is Ibn Rahuyah narrated to us, from

Abi Aamir Al-Aqadi, Abdullah Bin Jafar Al-Zuhri narrated to us, from Sad Bin Ibrahim Bin

Abd Al-Rahman, who said: I asked Al-Qasim Bin Muhammad Bin Abi Bakr Al-Siddiq, who

said: Aishah reported to me that the Messenger of Allah sallaa Allahu alaihi wa sallam said

(paraphrased): (He who performs an action that is not upon our way will have it rejected).86

Ali [Bin Hazm] said: And he whom Allah Taaalaa orders to perform an action at a time He

specified, thereafter he performs it at another time, either before the prescribed time or after, has

in doing so performed an action that is not upon the Way of Allah Taalaa nor that of His

Messenger sallaa Allahu alaihi wa sallam, and therefore it is rejected, falsehood, and

unaccepted; and it is not the action that he was ordered to perform. And if a Nass mentions that

such an action is accepted at another time as well, then that other time is also its time, while the

time in which it is not allowed for an action to be performed is that time in which there is no

Nass. And with Allah Taaalaa is the Success.

84 Al-Quran: (65:1). 85 Al-Quran: (2:229). 86 Sahih Muslim, Hadith no. 1718.

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Issue: The Mujtahid who is incorrect is better with Allah Taaalaa than the Muqallid who is

correct

Issue: The Mujtahid who is mistaken is better with Allah Ta'aalaa than the Muqallid who is

correct. This is specifically for the people of Islam. And as for other than the people of Islam,

then there is no excuse for the Mujtahid who bases his position on evidence nor for the Muqallid,

and both of them are destroyed. The clear proof for this is what we have mentioned previously

along with its Isnad of the statement of the Messenger of Allah sallaa Allahu alaihi wa sallam

(paraphrased): (If the ruler performs Ijtihad and was incorrect, then he has one reward).87 [As

well as the baselessness of Taqlid in its entirety]. Therefore the Muqallid is sinning, while the

Mujtahid is rewarded. And he who follows the Messenger of Allah sallaa Allahu alaihi wa

sallam is not a Muqallid, because he did what Allah Taaalaa ordered him to do. Rather the

Muqallid is he who followed other than the Messenger of Allah sallaa Allahu alaihi wa sallam,

because he did what Allah Taaalaa did not order him to do. And as for other than the people of

Islam, then Allah Taaalaa says (paraphrased): {And he who follows other than Islam as his

religion, then it will never be accepted of him, and he is in the Afterlife among the losers}.88

87 See also: Sunan Al-Nasai, Hadith no. 5396. Authenticated by Al-Albani rahimahu Allah. 88 Al-Quran: (3:85).

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Issue: The Truth is only one among the various differing statements

Issue: And the Truth among the differing statements is only in one of them while the rest are

incorrect, and with Allah Taaalaa is the Success. Allah Taaalaa said (paraphrased): {So what

is after the Truth except misguidance},89 and He Taaalaa said (paraphrased): {And were it from

Allah, there would be found in it much differing},90 and Allah Taaalaa disparaged differing,

such that He said (paraphrased): {And do not be like those who divided and differed},91 and He

said (paraphrased): {And do not dispute (with one another) lest you lose courage and your

strength depart},92 and He said (paraphrased): {A clarification for everything}.93 Therefore it has

been authentically established that the Truth among the differing statements is that which Allah

Taaalaa judged in, and it is only one and does not differ; and that the mistake is that which has

not come from Allah Azza wa Jal. And he who claims that all the statements are true and that

every Mujtahid is correct, has said something that has not come from the Quran, Sunnah, or

Ijma, nor is it supported by sound reason. And what is like this is falsehood, and what

invalidates it as well is the statement of the Messenger of Allah sallaa Allahu alaihi wa sallam

(paraphrased): (If the ruler performs Ijtihad and was incorrect, then he has one reward).94 So he

alaihi alsalat walsalam has given a Nass that the Mujtahid can be mistaken; and he who says

that the people have only been obligated to perform their Ijtihad is mistaken; rather they have not

been obligated except to reach what Allah ordered. Allah Azza wa Jal said (paraphrased):

{Follow that which has been sent down to you from your Lord, and do not follow besides Him

Awliya}95, so He Azza wa Jal obligated following what has been sent down to us, not

following anything besides that, and that we should not transgress His Boundaries. And the

reward of the Mujtahid who is mistaken is one reward in accordance with his intention to seek

the Truth only, and he does not incur a sin by not reaching the Truth. For if he were to reach the

Truth, he would receive another reward, just as he alaihi alsalam said (paraphrased): (If he were

to reach the Truth, he would receive a second reward).96

Abd Al-Rahman Bin Abdillah Bin Khalid narrated to us, Ibrahim Bin Ahmad Al-Farbari

reported to us, Al-Bukhari narrated to us, Abdullah Bin Yazid Al-Muqri narrated to us, Haiwah

Bin Shuraih narrated to us, Yazid Bin Abdillah Bin Al-Had narrated to us, from Muhammad

Bin Ibrahim Bin Al-Harith, from Bushr Bin Said, from Abi Qais the Mawlaa of Amr Bin Al-

Aas, from Amr Bin Al-Aas, that he heard the Messenger of Allah sallaa Allahu alaihi wa

sallam say (paraphrased): (If the ruler judges and performs Ijtihad thereafter is correct, then he

has two rewards, and if he rules and judges and performs Ijtihad thereafter is mistaken, then he

has one reward).97 And judging by assumption is not allowed, due to Allah Taaalaas Saying

(paraphrased): {They follow not except assumptions, and assumptions are not a substitute for the

89 Al-Quran: (10:32). 90 Al-Quran: (4:82). 91 Al-Quran: (3:105). 92 Al-Quran: (8:46). Retrieved from: www.thenoblequran.com 93 Al-Quran: (16:89). 94 Sunan Al-Nasai, Hadith no. 5396. Authenticated by Al-Albani rahimahu Allah. 95 Al-Quran: (7:3). 96 See footnote no. 94. 97 Sahih Al-Bukhari, Hadith no. 7352.

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Truth},98 and due to the statement of the Messenger of Allah sallaa Allahu alaihi wa sallam

(paraphrased): (Beware of assumptions, for indeed assumptions are the most lying of speech).99

And with Allah Taaalaa is the Success.

98 Al-Quran: (53:28). 99 Sahih Al-Bukhari, Hadith no. 5143.