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2255627/08/2001

The danger of rushing to issue fatwas

Question: 21018

There are some muftis on some satellite channels who answer all questions without exception. Some people in some gatherings, when a question is posed, rush to answer it and each of them wants to speak before the other. What is the Islamic ruling on this?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Ibn al-Qayyim said: 

The salaf, the Sahaabah and Taabi’een, used to regard
it as makrooh to rush to issue fatwas. Each of them would wish that
someone else would take care of it, but if he realized that he had no
alternative but to answer, he would do his utmost to find the ruling
from the Qur’aan and Sunnah or the words of the Rightly-Guided khaleefahs,
then he would give his fatwa. ‘Abd-Allaah ibn al-Mubaarak said: Sufyaan
told us from ‘Ataa’ ibn al-Saa’ib from ‘Abd al-Rahmaan ibn Abi Layla
who said: I met one hundred and twenty of the Companions of the Messenger
of Allaah

(peace and blessings of Allaah be upon him) – and I think he said, in
the mosque – and there was none of them who had to speak but he wished
that his brother would take care of it; there was no one who had to
give a fatwa but he wished that his brother would take care of it. Imaam
Ahmad said: Jareer told us from ‘Ataa’ ibn al-Saa’ib from ‘Abd al-Rahmaan
ibn Abi Layla that he said: I met one hundred and twenty of the Ansaar
from among the Companions of the Messenger of Allaah

(peace and blessings of Allaah be upon him), and there was no man among
them who was asked about something but he would wish that his brother
would take care of it, and there was none who had to speak but he would
wish that his brother would take care of it. 

Maalik said, narrating from Yahya ibn Sa’eed that Bukayr
ibn al-Ashajj told him, narrating from Mu’aawiyah ibn Abi ‘Ayaash that
he was sitting with ‘Abd-Allaah ibn al-Zubayr and ‘Aasim ibn ‘Umar,
when Muhammad ibn Iyaas ibn al-Bukayr came and said, A man from among
the desert people has divorced his wife three times, what do you think?
‘Abd-Allaah ibn al-Zubayr said, This matter is something about which
we know nothing; go to ‘Abd-Allaah ibn ‘Abbaas and Abu Hurayrah, for
I have just left them with ‘Aa’ishah the wife of the Prophet

(peace and blessings of Allaah be upon him), then come and tell us (what
they say). So I went and asked them, and Ibn ‘Abbaas said to Abu Hurayrah:
Give him the answer, O Abu Hurayrah, for here there is a problem. Abu
Hurayrah said: one talaaq makes her divorced, and three makes her forbidden
to him until she has married another husband. 

Maalik narrated that Yahyaa ibn Sa’eed said: Ibn ‘Abbaas
said: Everyone who issues fatwas to the people concerning everything
that they ask him about is crazy. Maalik said: I heard something similar
from Ibn Mas’ood. This was narrated by Ibn Waddaah from Yoosuf ibn ‘Adiy
from ‘Abd ibn Humayd from al-A’mash from Shaqeeq from ‘Abd-Allaah; and
it was narrated by Habeeb ibn Abi Thaabit from Abu Waa’il from ‘Abd-Allaah. 

Sahnoon ibn Sa’eed said: the most audacious of the people
in giving fatwas is the one who has the least knowledge; a man may have
a grasp of one branch of knowledge and he thinks that all the truth
is to be found in this branch. 

I say: being audacious in giving fatwas may be because
of a lack of knowledge or because of an abundance thereof. If he is
lacking in knowledge he gives a fatwa on everything concerning which
he is asked without knowledge. If his knowledge is abundant he will
be able to answer a lot of questions. Hence Ibn ‘Abbaas was one of the
Sahaabah who issued the most fatwas. We have mentioned above that his
fatwas were compiled in twenty volumes. Sa’eed ibn al-Musayyib also
issued a lot of fatwas, and they used to call him al-Jaree’ (the
Bold), as was mentioned by Ibn Wahb from Muhammad ibn Sulaymaan al-Muraadi
from Abu Ishaaq, who said: I used to see a man at that time entering
and asking about some matter, and the people would divert him, sending
him from one gathering to another, until he was sent to the gathering
of Sa’eed ibn al-Musayyib, because they did not like to issue a fatwa.
He said, And they used to call Sa’eed ibn al-Musayyib, al-Jaree’ (the
Bold). 

Sahnoon said: I memorized some issues concerning which
there would be eight opinions from eight of the leading scholars, so
how could I hasten to answer before I am certain which one is correct?
Why should anyone blame me for not giving an answer? Ibn Wahb said:
Ashhal ibn Haatim told us from ‘Abd-Allaah ibn ‘Awn from Ibn Seereen
who said: Hudhayfah said: The one who gives fatwas to the people is
one of three: either he knows what has been abrogated of the Qur’aan,
or he is a leader who has no choice (but to issue a fatwa) or he is
a fool who is doing something that is not his job. He said, perhaps
Ibn Seereen said: I am neither of the first two, and I do not want to
be the third. 

Source

I’laam al-Muwaqqi’een, 1/28, 29

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