[THREAD]

Some rulings related to Taqleed, and following the fatwa of a mujtahid from the Hanbali books of Usul.

Terms:
Mujtahid = One who can make valid ijtihad.
Muqallid = One who follows a scholar.

Ibn An-Najjar, rh, said in his Usul book, Mukhtasar At-Tahreer:

— No one can give a fatwa except a mujtahid.

— It is not allowed for any era to be void of a mujtahid.

— When a Muqallid gives a ruling, he is informing [one] of the math'hab of his Imam, and it is not a fatwa.

— One can rely on his report if he [the muqallid] is trustworthy.

— A layman is allowed to follow [do taqleed of] a mafdool [a scholar who is less superior than another scholar who is more superior].

— He must – if it becomes clear to him that one [mujtahid] is [stronger/more knowledgeable] than another - follow him.

(Then he mentions in his commentary that Imam An-Nawawi says this is debatable, since the lay people used to ask some companions even though other more senior/virtuous companions were available).

— He gives precedence to [a mujtahid] who is more knowledgeable over [a mujtahid] who is more pious.

— He is given the choice if they [i.e. the two mujtahids] are equal [in his eyes].

— He is not obliged to follow a math'hab such that he follows all of its strict rulings—

—and concessions. So he can choose in both scenarios.

— Nor [is he prevented] from leaving a math'hab he acted upon [to another math'hab].

— He is prohibited from seeking out the rukhsahs (He says in his commentary:-

-This means whenever he finds a concession in any math'hab he acts upon it, and he doesn't follow other opinions of that math'hab).

— He becomes a fasiq [sinner] due to this [seeking out the concessions of the mathahib].

— A Mujtahid is obliged to act upon what he believes [to be most correct] whether it is for him or against him.

— If a new incident occurs, and a layperson acted upon the fatwa a mujtahid gave him concerning it, he must follow it [i.e. his fatwa, for that specific incident].

— Otherwise [if he did not act upon it] then he does not have to act upon it, unless he obligates it upon himself to follow it.

— If two different mujtahids give the layperson two different rulings, he can choose (whichever of the opinions he wishes, according to the correct-

-opinion in the math'hab).

Others said: He should follow the opinion of the one more religious and more knowledgeable in his eyes. If they are equal, then he can choose to follow whichever one he wishes.

This was chosen by Ibn Qudamah in Ar-Rawdah.

[Sh. Ahmed ibn Samih]