بسم الله الرحمن الرحيم فقه الخلاف the etiquettes of differing

بسم الله الرحمن الرحيم

فقه الخالف

The Etiquettes of Differing

Chapter 1: Destined to Differ

Chapter 2: Differences of Variety

Chapter 3: Differences of Opposites

Chapter 4: Coming Full Circle


ل�ا و� ل� ل� � ف��ا ل ل� و� ل�ا ة� ل� ح� ل�ا ة� �� ل ف�ا ��ا ل ح�ا �ف ل��ا ا� �ل ل�ا ل�ا ل�ح ح�ي ل"ا ح�ي و# ف$ �ل وي ل% ل& ح' ف) ل� ل( ب% ‌,� ل ح�ن و. ل) ل/ ل0 ة� ل" ح ل�

�ل ف�� ح ل� و2 ل3And mankind was not but one community [united

in religion], [but] then they differed. And if not for a word that preceded from your Lord, it

would have been judged between them [immediately] concerning that over which they

differ. [Soorat Yoonus, verse 19]


�ل ف�� ل4ا ل3 ل�ا ل� � ة� ل� ح� ل�ا ة� ل�� ف�ا �ل �ا� ل ا� ل6 ل7 ل8 ل� ل( ف�% ل,‌ ل9 ل:ا و� ل� ل�لن ح�ي ح ل� و2 ل( ۞ف� ح� ذل> ح� ل� ل( � ف�% ل,‌ ل# ح� ل�,‌ ل�ن ل��ا ح�ا

و# ف$ ل) ل …ل�And if your Lord had willed, He could have made

mankind one community; but they will not cease to differ. Except whom your Lord has given

mercy, and for that He created them. [Soorat Hood, verse 118-119]


The prophet said:

Verily, the Jews have divided into 71 sects, and the Christians have divided into 72 sects, and this Ummah will divide into 73 sects. They are all in the Fire except one; the Jamaa‘ah.

[Abu Dawud (4596), at-Tirmidhi (2640), Ibn Majah (3991), Ahmad, & Abu Ya‘la]

In the narration of al-Haakim (1/128):

What I am upon and my companions.

The prophet said:

Indeed, whoever lives of you (after me) will see much differing, so adhere to my Sunnah, and the Sunnah of the rightly guided caliphs after me. Bite onto it with your molar teeth, and beware of the newly invented matters, for every innovated matter is a misguidance.

[Authenticated by at-Tirmidhi]


Are We to Surrender to Fate?

• We flee from what Allah destined to what Allah destined!• We were commanded to follow the sharee’ah & believe in fate.• It could even reach disbelief to abandon sharee’ah & blame fate.• Fate is hidden from us, and being destined to differ does not

necessitate all places and times.• We were commanded to strive towards unity:

وا ر0 ق. ت2ف2 و2ال2 يع8ا م; ج2 ه; اللـ0 بAل; ب;ح2 م.وا و2اعAت2ص;And hold firmly to the rope of Allah altogether

and do not become divided. [Soorat Aali ‘Imraan: verse 103]

م. اء2ه. ج2 ا م2 ب2عAد; م;ن وا ت2ل2ف. Aو2اخ وا ر0 ق. ت2ف2 ك2ال0ذ;ين2 ت2ك.ون.وا و2ال2

الAب2يVن2ات.And do not become like the ones who became divided and

differed after the clear proofs came to them. [verse 105]


� ة� ب� ب� ب‌ ‌ر ر‌ي ح� ب� ح� ب�� ح� ر� ر� ب� ح� ر� ح� ب�� ح� ر� ر�ي �ح ب�� ب ��ر ر� ح ر� ب"ا ر# ب$ ح� ب�� ح% ر" ب% ر�ي ب�ا ب" ر& ‌ب ب' ب) ر( ب�ا ح* ر+� ر, ر� ب‌ ب.-ا ب� ب/ة( .يا ب ب�� ر� ب0 ب2ا ب0 ر( بيا ر3 ب/ ح4 ر5 بي ح� 6. ب %�ب ب/

So its expiation is the feeding of ten needy people from the average of that which you feed your (own) families or clothing

them or the freeing of a slave. But whoever cannot find (or afford) it, then fasting 3 days is (required).

[Soorat al-Maa’idah, verse 89]

The prophet said:

He who spends a pair in the way of Allah will be called from the gates of Jannah: ‘O slave of Allah! This is better [for you].’ – If he was of the people of Salaah, he will be called from the Gate of Salaah, and if he was from the people of Jihad, he will be called from the Gate of Jihad, and if he was of the people of Sadaqah, he will be called from the Gate of Sadaqah, and if he was from the people of Sawm, he will be called from the Gate of ar-Rayyaan.

Abu Bakr (radyAllaahu anhu) said: ‘O messenger of Allah, it will suffice anyone to be called from any of these gates, but will anyone be invited to all of these gates?

He replied: ‘Yes, and I hope that you will be one of them.’ [Agreed Upon]


Definition:

Differences wherein no view contradicts the others.

Wisdom Behind This:

1 - Displaying Allah’s mercy, for people’s strengths and zeal vary.

2 – A glue for this Ummah, for we complete one another.

Pitfalls Related to This:

1 – Being preoccupied with a task or duty at the expense of other obligations.

2 – Belittling or mocking the other acts/sciences.

3 – Basing loyalty on names of personalities/movements.


Definition: Differences wherein every view opposes the other and deems it

incorrect or invalid.

A] Between Religions & Creeds◙ Uncontested between the Muslims.◙ Validity of one’s Islam is contingent upon it.

Ibn Qudaamah (rahimahullaah) says: As for what al-Jaahidh mentions, this is absolutely false, and

disbelief in Allah, the Most High, and a responding back to Him and His messenger , for we know without doubt that the prophet commanded the Jews and Christians with embracing Islam and following him, and dispraised them for their persistence… and we know that those who know yet are stubborn are few, and most simply imitate the religion of their forefathers, and don’t know of the miracle of the messenger and his truthfulness. And the explicit verses in the Qur’an regarding this are plenty...

[Rawdat an-Naadhir, p. 194-195]


ح,‌ �ا� ل ا� لن ح� ف<‌�ا ل� ل� لن ح>3 � ل ب� ة6 و3 ل� ل� � ف<‌�ا ل� ل� لن ح>3 �� ل ا ف�ن ل? ل( ح� ذل@That is the assumption of those who disbelieve, so woe to those

who disbelieve from the Fire. [Soorat Saad, verse 27]

�ل ��ف� Aف ل3 ل��ا ح�ا و# Bف �و ح�اThey are only assuming. [Soorat al-Jaathiyah, verse 24]

ة7ا �و Cف �ل ��ف Dح Eو ف3 و# ف$ F� ل ل�ا �ل ف/� Dل Eو ل3 و# Bف ل� ليا Fو ف�� ا� ح� ليا Eل و� ا ح�& و# ف$ في و7 ل0 ل�6 Gل لن ح>3 �� ل ل( ۞ا Hح Iذ ل� ف�ا�ح Jح ل)ا ح� ل� و# ح$ ب% ل,‌ Kح ل3ا آا ح% ف<‌�ا ل� ل� لن ح>3 �� ل ا

Those whose effort is lost in the worldly life, while they think they are doing well in work. Those are the ones who disbelieve in

the verses of their Lord and in meeting Him. ]Soorat al-Kahf, verses 104-105[


B] Between the Muslims◙ Exists; the truth is only 1 from amidst the scholarly views.◙ This applies equally to belief/aqeedah and practice/fiqh.◙ Established by the Qur’an, Sunnah, Ijmaa’ of Sahaabah,

and all the great Imams.

�م� غ�ن ف�يه� ت� �ف�ش� ن �ذ� إ �ح�ر� ث� ال ف�ي �م�ان� �ح�ك ي �ذ� إ �م�ان� �ي ل و�س� و�د�او�ود�اه�د�ين� ش� �م�ه�م� �ح�ك ل (ا �ن و�ك � �ق�و�م �ال. ۞ال و�ك �م�ان� �ي ل �اه�اس� �ف�ف�ه(م�ن�م1ا ل و�ع� �م1ا ح�ك �ا �ن �ي آت

And [mention] David and Solomon, when they judged concerning the field when the sheep of a people overran it [at night], and We were witness to their

judgment. And We gave understanding of the case to Solomon, and to each [of them] We gave judgment and knowledge. [Soorat al-Anbiyaa’, verses 78-79]

The prophet said:

If the judge performs Ijtihaad (i.e. exerts his capacity) and is correct, then for him is two rewards, and if he is mistaken, then for him is a reward. [Agreed Upon]


التضاد اختالفDifferences of

Opposites

سائغ غير اختالفIllegitimate/intolerable

Differences

سائغ اختالفLegitimate/Tolerable

Differences


1] Legitimate/Tolerable DifferencesDefinition:

Differences that don’t oppose a decisive text from the Qur’an or Sunnah, or a previously established consensus, or a clear analogy.

◙ This applies equally to belief/aqeedah and practice/fiqh.

Causes: 1 – The sharee’ah didn’t appoint decisive evidences for

every matter. [Why?]

2 – Understandings vary and perceptions differ, whereby someone can realize something and not another. […Sulayman]

3 – Capacities to travel, investigate, or research vary as well, and each is obligated with his/her own capacity.

4 – Methods of learning vary in different places, and Allah disposed the slaves upon leaning to what they’ve learned first.


1] Legitimate/Tolerable DifferencesExamples in Belief/Aqeedah:

◙ The prophet seeing his Lord.

◙ The tafseer of certain verses in the Qur’an.

◙ The infallibility of the messengers.

◙ The prophethood of al-Khadir, or Maryam.

◙ The disbelievers/hypocrites seeing Allah in the Hereafter.

◙ Leaving Islam via the abandonment of 1 of its pillars.

Examples in Practice/Fiqh: ◙ Rinsing Mouth/Nose ◙ Hands on chest/side after Rukoo

◙ Reciting al-Fatihah behind Imam ◙ Hands/Knees first in Sujood?

◙ Jilsat al-Istiraahah ◙ Must a woman cover her face?

◙ Local/Inti’l Moon-Sighting ◙ Including Photos in Prohibition

◙ Nafl during Makrooh times ◙ Meat sold by Jews/Christians


1] Legitimate/Tolerable DifferencesAbsolutely Necessary to Understand:

◙ A matter containing legitimate differences of opinion does not imply the permissibility of each person choosing what suits them of those views. Rather, the scholars unanimously agree on this being Fisq.

◙ Each is obligated to exert their capacity:

- A Mujtahid is obligated to deduce for himself and adopt that result, even if greater scholars have said otherwise. [Ijma’]

- A Muqallid is obligated to seek out the most knowledgeable and trustworthy of those accessible to him, and abide by what they determine to be the strongest view. [Ijma’] [Alluding vs. Enforcing]

◙ Analyzing: ‘Ikhtilaaf being a mercy.’

◙ Opposing the Sunnah using scholarly views is not part of legitimate differences of opinion.


2] Illegitimate/Intolerable DifferencesDefinition:

Differences that oppose a decisive text from the Qur’an or Sunnah, or a previously established consensus, or a clear analogy.

◙ This applies equally to belief/aqeedah and practice/fiqh.

وا ر0 ق. ت2ف2 و2ال2 يع8ا م; ج2 ه; اللـ0 بAل; ب;ح2 م.وا و2اعAت2ص;And hold firmly the rope of Allah altogether and do not become divided.

الAب2يVن2ات. اء2ه.م. ج2 ا م2 ب2عAد; م;ن وا ت2ل2ف. Aو2اخ وا ر0 ق. ت2ف2 ك2ال0ذ;ين2 ت2ك.ون.وا و2ال2And do not become like the ones who became divided and differed after the clear

proofs came to them. [Soorat Aali ‘Imraan, verse 103-105]

ء\ Aي ش2 ف;ي Aم نAه. م; ت2 Aل0س ي2ع8ا ش; ك2ان.وا و2 Aم د;ين2ه. وا ر0 ق. ف2 ال0ذ;ين2 إ;ن0Indeed, those who have divided their religion and become sects - you [Oh Muhammad]

are not [associated] with them in anything.

[Soorat al-An‘aam, verse 159]


2] Illegitimate/Intolerable DifferencesCauses:

1 – Oppression & Competing for Worldly Leadership

Aم ب2يAن2ه. ب2غAي8ا الAب2يVن2ات. م. اء2تAه. ج2 ا م2 ب2عAد; م;ن أ.وت.وه. ال0ذ;ين2 إ;ال0 يه; ف; ت2ل2ف2 Aاخ ا و2م2And none differed over the Scripture except those who were given it - after the clear

proofs came to them - out of jealous animosity among themselves. [Soorat al-Baqarah: 213]

2 – Absence of Knowledge -> Rise of Innovations

Indeed, Allah does not take back knowledge after giving it to you by snatching it from the slaves, but takes it back by taking the scholars. Once He has taken the scholars, the people take up ignorant leaders, who are asked, and pass verdicts without knowledge, so they are misguided and misguide [others]. [Agreed Upon]

Indeed, whoever lives of you (after me) will see much differing, so adhere to my Sunnah, and the Sunnah of the rightly guided caliphs after me. Bite onto it with your molar teeth, and beware of the newly invented matters, for every innovated matter is a misguidance. [Authenticated by at-Tirmidhi]


2] Illegitimate/Intolerable DifferencesCauses:

3 – Blind Loyalty to Names/Personalities.

You make the call of Jaahiliyyah while I’m still between you?! Leave it; for it is

rotten! [Saheeh Muslim]

ر. ون2 م.Aي2أ ل;ي2اء.ب2عAض\ Aو

أ2 Aم ه. ب2عAض. ن2ات. ؤAم; الAم. و2 ن.ون2 ؤAم; الAم. �و2pئ;ك2 أ.ولـ2 و2ر2 س.ول2ه. الل0ـه2 الز0ك2اة2و2ي.ط;يع.ون2 ة2و2ي.ؤAت.ون2 الص0ال2 الAم.نك2ر; و2ي.ق;يم.ون2 �ب;الAم2عAر. وف;و2ي2نAه2وAن2ع2ن;

ة# حMي ل� ة4 ح34 Nل ل I � ل ا� �ل� ح�ا � ف I � ل ا� ف# ف$ ف" ل� و<‌ لي ل0The believing men and believing women are allies of one another. They

enjoin what the right, forbid the wrong, establish prayer, give Zakah, and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise. [at-Tawbah, verse 71]

;ثAم; Aاإل ع2ل2ى ن.وا ت2ع2او2 و2ال2 pو2ى Aالت0ق الAب;رV و2 ع2ل2ى ن.وا ت2ع2او2 �و2الAع.دAو2ان; و2

And cooperate in righteousness and piety, but do not cooperate in sin and transgression. [Soorat al-Maa’idah, verse 2]


2] Illegitimate/Intolerable DifferencesExamples that entail Kufr:

◙ Atheists/Pantheists ◙ Extreme Qadriyyah/Jabriyyah ◙ Extreme Raafidah ◙ Those Dismissive of Sharee’ah ◙ Universalists

Examples that entail Kufr/Bid’ah:

◙ Mu’tazilah ◙ Khawaarij ◙ Raafidah ◙ Qadriyyah ◙ Sufis

Examples that entail Bid’ah:◙ Asha’irah ◙ Matureediyyah ◙ Murji’ah ◙ Mufaddilah Shiites

Examples in Practice/Fiqh:◙ Mut’ah Marriage ◙ Marriage w/o a Wali ◙ Drawing Animates◙ Ringed Gold for Women ◙ Disregarding Pros/Cons in Denouncing Evil ◙ Shaving the Beard ◙ Coming to a standstill in Rukoo’/Sujood ◙ Obligation to Fast the Day of Doubt◙ Congratulating on Kafir Festivals ◙ Disliked to Fast 6 of Shawal


2] Illegitimate/Intolerable DifferencesOur Scholars that Held False Views

◙ Mistakes resultant from Ijtihaad never result in defamation – when they come from those known for their virtue.

◙ Scholars of Sunnah & Defenders of Deviance can never equate.

◙ adh-Dhahabi: ‘When water reaches 2 Qullas, it remains pure.’

◙ This doesn’t necessitate our approval/silence about their error.

◙ Remember: The gauge is opposing the clear text or consensus!

◙ No one, past or present, can say: ‘How invalid when so and so…’

◙ At the same time, we allow no one to violate their sanctity.

Necessary Counterparts For Application

** The permissibility to denounce.

** How does one classify a difference as legitimate/illegitimate?

Coming Full Circle

The Differences

1. Variety – Impermissible to denounce or strive towards removing, should be appreciated & invested while avoiding certain pitfalls.

2. Opposing –Legitimate/Tolerable – Obligatory to tolerate

what our righteous predecessors tolerated, while understanding its definition and verifying each matter is of this category, via the principles of Ahl as-Sunnah.

Illegitimate/Intolerable - Obligatory to treat by denouncing innovations and false views, uniting upon the methodology of Ahl as-Sunnah, which necessitates having detailed understanding of this manhaj in matters of creed, action, da‘wah, and method of change.

Coming Full Circle

Consensus (Non-Negotiable)

1. A Muqallid does not possess knowledge, and knowledge is knowing the truth with its evidence. [Ibn ‘Abd al-Barr]

2. Whoever the Sunnah of the messenger of Allah becomes clear to, it becomes impermissible for him to leave it for the view of anyone, irrespective of who they are. [Narrated by al-Bayhaqi via Imam ash-Shafi‘i]

3. Fatwa Shopping, or touring between the scholars for a convenient view, deems a person Faasiq. [Ibn ‘Abd al-Barr in al-Jami‘]

4. The Salaf disagreeing on a set number of views, and not accusing one another of Kufr/Fisq/Bid’ah, indicates their consensus on the permissibility of differing in this matter, and that it isn’t a decisive issue. [Ibn Taymiyyah, al-Ghazali]

5. The Salaf disagreeing on a set number of views necessitates the impossibility of correctness being found contradictory to them all.

6. Impermissible for a Mujtahid to imitate a superior Mujtahid that views other than what his Ijtihaad lead him to. [Ibn Hazm in al-Ihkaam]

بسم الله الرحمن الرحيم فقه الخلاف the etiquettes of differing

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