Q: A scholar who gives a legal opinion is rewarded for it, two rewards for the one who is correct and one reward for the one who erred. Therefore we say that all imaams are on the right path and can be followed. So why can't we follow these salafi ulama?
A: The Hadith that explains that the one who issues an Islamic ruling and he is correct receives two rewards and if incorrect receives one reward is in reference to a mujtahid. All the four Imaams of fiqh were Mujtahideen. Hence, they can be followed independently in matters of Deen.
Imaam Ahmad bin Hambal (rahmatullahi `alayh) was once asked, “Can a man be called a Faqeeh (mujtahid who extracts Islamic verdicts) if he commits one hundred thousand Ahaadith to memory”? He replied, “No.” The man then enquired: “What about two hundred thousand?” He replied in the negative. He then asked again: “Three hundred thousand?” Imaam Ahmad replied in the negative again. “What about four hundred thousand,” the man asked? Imaam Ahmad gestured with his hand, implying that perhaps this person may qualify to be a jurist and Mujtahid who will issue Fatwas to the people. (I`ilaamul Muwaqqi`een vol. 1, pg. 36)
A similar incident occurred with Yahya bin Ma`een (Rahmatullahi `Alaihi). He also replied in the negative until the questioner inquired about memorizing five hundred thousand Ahaadith. Thereupon he said: “I have hope that such a person may qualify.” (Al-Jaami`u li Akhlaaqir Raawi wa Aadaabis Saami`, pg. 345)
In one narration, five hundred thousand has also been reported from Imaam Ahmad (rahmatullahi `alayh). (Al-Musawwadah, Atharul Hadeethish Shareef, pg. 175)
'Allamah Shihab ar-Ramli (R.A.) (d. 957 A.H.) states: “The person who has a true understanding of what ijtihaad actually means would feel ashamed before Allah from attributing it to anyone of this day and age. In fact, Ibnus-Salah (d. 643 A.H.) and his followers stated that it had become extinct three hundred years ago. Ibnus-Salah himself passed away three hundred years ago, hence, it had become extinct about six hundred years ago.” (Muqaddamah Faidhul Qadeer pg.16)
Allamah Munawi (R.A.) (d. 1031 A.H.) says: The Alim of the Syrian region, (Imam) Ibn Abid-Dam (d. 642 A.H.) writes after mentioning all the conditions of Ijtihad: “It is hardly possible to find these conditions in any scholar of our age. Instead, there is no Mujtahid mutlaq on the surface of the earth today.” (Muqaddamah Faidhul Qadeer pg.16)
From the above it becomes quite clear that the Salafi ’Ulama do not fulfill the criteria of Ijtihaad. Hence, the Hadith you referred to in your question does not apply to them.
عن أبي هريرة قال قال رسول الله صلى الله عليه و سلم إذا حكم الحاكم فاجتهد فأصاب فله أجران وإذا حكم فأخطأ فله أجر واحد (سنن الترمذي 1/247)
Answered by:
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)
Q: Can you please explain to me how you interpreted " إذا حكم الحاكم " as a mujtahid only and not as general as the word is?
A: We understand that this Hadith refers to a mujtahid from the word اجتهد mentioned in the Hadith.
عن أبي هريرة قال قال رسول الله صلى الله عليه و سلم إذا حكم الحاكم فاجتهد فأصاب فله أجران وإذا حكم فأخطأ فله أجر واحد (سنن الترمذي 1/247)
We advise you to study our article on ‘Following one of the four Imaams of fiqh’ (http://ihyaauddeen.co.za/?p=289). We have presented a detailed explanation of this Hadith and the reason why this Hadith refers to only a mujtahid.
Answered by:
Checked & Approved: