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1
Al-Hafiz al-Bayhaqi in his book "al-Madkhal" and al-Zarkashi
in his "Tadhkirah fi al-ahadith al-mushtaharah"
relate: Imam al-Qasim ibn Muhammad ibn Abi Bakr al-Siddiq
said: "The differences among the Companions of
Muhammad (s) are a mercy for Allah's servants.
Al-Hafiz al-`Iraqi the
teacher of Ibn Hajar al-`Asqalani said: "This is a
saying of al-Qasim ibn Muhammad who said: 'The
difference of opinion among the Companions of Muhammad
(s) is a mercy.
2
Al-Hafiz Ibn al-Athir in the introduction to his "Jami`
al-usul fi ahadith al-rasul" relates the above saying
from Imam Malik according to al-Hafiz Ibn al-Mulaqqin
in his "Tuhfat al-muhtaj ila adillat al-Minhaj" and
Ibn al-Subki in his "Tabaqat al-Shafi`iyya."
3
Bayhaqi and Zarkashi also said: Qutada said: "'Umar
ibn `Abd al-`Aziz used to say: 'It would not please me
more if the Companions of Muhammad (s) did not differ
among them, because had they not differed there would
be no leeway (for us).'"
4
Bayhaqi also relates in "al-Madkhal" and Zarkashi in
the "Tadhkira": Al-Layth ibn Sa`d said on the
authority of Yahya ibn Sa`id: "the people of knowledge
are the people of flexibility (tawsi`a). Those who
give fatwas never cease to differ, and so this one
permits something while that one forbids it, without
one finding fault with the other when he knows of his
position."
5
Al-Hafiz al-Sakhawi said in his "Maqasid al-hasana" p.
49 #39 after quoting the above: "I have read the
following written in my shaykh's (al-Hafiz ibn Hajar)
handwriting: 'The hadith of Layth is a reference to a
very famous hadith of the Prophet (s), cited by Ibn
al-Hajib in the "Mukhtasar" in the section on qiyas
(analogy), which says: "Difference of opinion in my
Community is a mercy for people" (ikhtilafu ummati
rahmatun li al-nas). There is a lot of questioning
about its authenticity, and many of the imams of
learning have claimed that it has no basis (la asla
lahu). However, al-Khattabi mentions it in the context
of a digression in "Gharib al-hadith" . . . and what
he says concerning the tracing of the hadith is not
free from imperfection, but he makes it known that it
does have a basis in his opinion.'"
6
Al-`Iraqi mentions all of the above (1-5) in his "Mughni
`an haml al-asfar" and says: "What is meant by "the
Community" in this saying is those competent for
practicing legal reasoning (al-mujtahidun) in the
branches of the law, wherein reasoning is
permissible."
NOTE:
What `Iraqi meant by saying "the branches wherein
reasoning is permissible" is that difference is not
allowed in matters of doctrine, since there is
agreement that there is only one truth in the
essentials of belief and anyone, whether a mujtahid or
otherwise, who takes a different view automatically
renounces Islam. (Shawkani, "Irshad al-Fuhul" p. 259
as quoted in Kamali, "Principles of Islamic
Jurisprudence" p. 383.) Al-Albani in his attack on the
hadith "Difference of opinion in my Community is a
mercy" ignores this distinction and even adduces the
verse: "If it had been from other than Allah they
would have found therein much discrepancy" (4:82) in
order to prove that differences can never be a mercy
in any case but are always a curse. Al-Albani's point
is directed entirely against those who are content to
follow a madhhab. The only scholar he quotes in
support of his position is Ibn Hazm al-Zahiri, whose
mistake he adopts without mentioning it was denounced
by Nawawi. ("Silsila da`ifa" 1:76 #57)
7
Ibn Hazm said in "al-Ihkam fi usul al-ahkam" (5:64):
"The saying "Difference of opinion in my Community is
a mercy" is the most perverse saying possible, because
if difference were mercy, agreement would be anger,
and it is impossible for a Muslim to say this, because
there can only be either agreement, or difference, and
there can only be either mercy, or anger." However,
Imam Nawawi said in his Commentary on "Sahih Muslim":
"If something (i.e. agreement) is a mercy it is not
necessary for its opposite to be the opposite of
mercy. No-one makes this binding, and no-one even says
this except an ignoramus or one who affects ignorance.
Allah the Exalted said: "And of His mercy He has made
night for you so that you would rest in it," and He
has named night a mercy: it does not necessarily ensue
from this that the day is a punishment."
8
Al-Khattabi said in "Gharib al-hadith": "Difference of
opinion in religion is of three kinds: - In affirming
the Creator and His Oneness: to deny it is kufr
(disbelief);
- In His attributes and will: to deny them is
innovation;
- In the different rulings of the branches of the law
(ahkam al-furu`).
Allah has made them
mercy and generosity for the scholars, and that is the
meaning of the hadith: "Difference of opinion in my
Community is a mercy." Al-Jarrahi cited it in "Kashf
al-khafa" 1:64 #153.
9
Al-Hafiz al-Suyuti says in his short treatise "Jazil
al-mawahib fi ikhtilaf al-madhahib" (The Abundant
Grants Concerning the Differences Among the Schools):
"The hadith "Difference of opinion in my Community is
a mercy for people" has many benefits among which are
the fact that the Prophet (s) foretold of the
differences that would arise after his time among the
madhahib in the branches of the law, and this is one
of his miracles because it is a foretelling of things
unseen. Another benefit is his approval of these
differences and his confirmation of them because he
characterizes them as a mercy. Another benefit is that
the legally responsible person can choose to follow
whichever he likes among them." After citing the
saying of `Umar ibn `Abd al-`Aziz already quoted (#3
above), Suyuti says: "This indicates that what is
meant is their differences in the rulings in the
branches of the law."
10
The muhaddith al-Samhudi relates al-Hafiz Ibn al-Salah's
discussion of Imam Malik's saying concerning
difference of opinion among the Companions: "Among
them is the one that is wrong and the one that is
right: therefore you must exercise ijtihad." Samhudi
said: "Plainly, it refers to differences in legal
rulings (ahkam). Ibn al-Salah said: "This is different
from what Layth said concerning the flexibility
allowed for the Community, since this applies
exclusively to the mujtahid as he said: "you must
exercise ijtihad," because the mujtahid's competence
makes him legally responsible (mukallaf) to exercise
ijtihad and there is no flexibility allowed for him
over the matter of their difference. The flexibility
applies exclusively to the unqualified follower (muqallid).
The people meant in the saying: "Difference of opinion
in my Community is a mercy for people" are those
unqualified followers. As for the import of Malik's
saying "Among the Companions is the one that is wrong
and the one that is right," it is meant only as an
answer to those who say that the mujtahid is able to
follow the Companions. It is not meant for others.""
11
The author of "al-Fiqh al-Akbar" (attributed to Imam
Abu Hanifa) said: "Difference of opinion in the
Community is a token of divine mercy."
12
Ibn Qudama al-Hanbali said in "Al-`Aqa'id": "The
difference in opinion in the Community is a mercy, and
their agreement is a proof."
Discussion
The decision of `Umar
whereby he gave precedence to `Ubayy ibn Ka`b's
ijtihad over the ijtihad of `Abdullah ibn Mas`ud on
the validity of praying in a single garment is not a
proof that `Abdullah was wrong, rather it is a proof
that `Umar exercised his own ijtihad and authority as
the Greater Imam in settling the question. He
overruled, not invalidated, and if Ibn Mas`ud held his
position from the Prophet (s) he cannot change it even
after `Umar's ruling. This is true of every true
mujtahid at any time: he is obligated to follow the
result of his own ijtihad even if it should differ
with that of every other mujtahid of the past and
present, unless he becomes convinced that he was
mistaken in his previous ijtihad.
According to all the
scholars it is incumbent upon the leader of the
Muslims to be a mujtahid and it is his responsibility
in such cases to settle the question for the sake of
the people of his time, and that is the proper context
of Imam Malik's injuction: "Exercise ijtihad." It is
addressed to the mufti who must establish what is
correct in clearcut fashion, not to the muqallid
(follower) who is only interested in "a way to follow"
(= madhhab) without having to verify its proofs and
inferences. However, another mufti may reach another
conclusion and be followed, and is not bound by that
of the first, nor are those who take their fatwa from
him, and no-one finds fault with the other, as Al-Layth
ibn Sa`d stated.
A clear proof that the
fatwa of the leader overrules but does not invalidate
the opinion of the Companions even if it directly
contradicts it, is the fact that when `Umar ibn al-Khattab
proposed to have all the hadith collected and written
down he consulted the Companions and they unanimously
agreed to his proposal; later he disapproved of it and
ordered that everyone who had written a collection
burn it. Yet `Umar ibn `Abd al-`Aziz later ordered
that hadith be collected and written. Al-Hafiz
al-Baghdadi relates it in his "Taqyid al-`ilm" 49,
52-53, 105-106, and Ibn Sa`d in his "Tabaqat" 3(1):
206, 8:353.
Those who think they
are mujtahid but in reality are unqualified, when
faced by the followers of madhahib, cover up their
ignorance with the flashy claim: "We follow Qur'an and
Sunna, not madhahib." When it is pointed out to them
that to follow a madhhab is to follow Qur'an and Sunna
through true ijtihad, they become upset: "How can the
four madhhabs differ and be right at the same time? I
have heard that only one may be right, and the others
wrong." The answer is that one certainly follows only
the ruling that he believes is right, but he can never
fanatically invalidate the following of other rulings
by other madhahib, because they, also, are based on
sound principles of ijtihad. At this they rebel and
begin numbering the mistakes of the mujtahids: "Imam
Malik was right in this, but he was wrong in that;
Imam Shafi`i was right in this, but he was wrong in
that . . . " This is what they say, and what they hide
in their heart is worse because it includes even the
Companions. This we will never accept. But when they
are rebuked for this blatant disrespect they make it
known that they have been wronged and "They are
arrogant in their sin" (2:206). This is nothing else
than the legacy of the Wahhabi/Salafi movement.
Blessings and Peace on
the Prophet, his Family, and His Companions. May Allah
be well pleased with the Four Mujtahid Imams, and all
the scholars who feared Allah truly. |