The
Sunna
and Opinion
From the death of the Prophet, may Allah bless him and grant him peace, until the time of ash-Shafi‘i there
were basically two groups of
fuqaha’,
one of which was famous for opinion and the other for transmission.
Among the Companions some were famous for opinion and some for
hadith
and transmission. Such was the
case with the
Tabi‘un
and the generation after them and then the
mujtahid
Imams: Abu Hanifa, Malik and the
fuqaha’
of the various cities. Some were famous for opinion and some for
hadith
. We will now briefly explain
this.
Ash-Shahrastani said in
al-Milal wa’n-Nihal
, “The situations which arise out of acts of worship and daily
life are endless and we know absolutely that there is not a text for every situation, nor is that conceivable.
Because the texts are limited and situations are not, ijtihad and analogy must be considered in order that every
situation may be brought within the compass of the
Shari‘a
. After the death of the Prophet, may Allah bless
him and grant him peace, the Companions were faced with innumerable new situations. They had the Book of
Allah Almighty and the
Sunna
of the Messenger of Allah.
“So in regard to the events which befell them they had recourse to the Book, and, if they found a clear
ruling, they carried it out. If there was no judgement in the Book, they resorted to the
Sunna
of the Messenger
of Allah, and consulted the memories of his Companions to ascertain the ruling of the Prophet in similar
cases. If there was no one who knew anything they exercised
ijtihad
in their opinions. So they proceeded to
examine the case in the light of the Book, then the
Sunna
, and then opinion. ‘Umar stated in a letter to Abu
Musa al-Ash‘ari: ‘Understanding is something which reverberates in your breast which is not in the Book or
Sunna
. Learn similarities and likenesses, and form analogies on that basis.’
“The Companions used opinion but disagreed as to how much it should be used. Some used it more often
than others and some hesitated if there were no text from the Book or a followed
sunna
.
“They were in agreeement about relying on the Book and a known
sunna
if one existed but if they did not
find a known
sunna,
the famous
fuqaha’
used opinion. If any of them were unsure about their recollection of a
hadith
of the Messenger of Allah or of his
fatwa
about a matter, they preferred not to relate it but to give a
decision by opinion, fearing that relating it might involve lies against the Messenger of Allah. It is reported
that ‘Imran ibn Husayn used to say, ‘By Allah, I think that if I had wished, I could have related from the
Messenger of Allah for two consecutive days; but I was deterred from doing so by men of the Companions of
the Messenger of Allah who had heard what I heard and had seen what I saw, and who relate
hadiths
which
are not exactly as they tell them. I fear that I might be confused like them.’”
Abu ‘Umar ash-Shaybani said, “I sat with Ibn Mas‘ud and a year would go by without him saying, ‘The
Messenger of Allah said.’ When he did say, ‘The Messenger of Allah, may Allah bless him and grant him
peace, said,’ he trembled and said, ‘like that, or close to it.’” ‘Abdullah ibn Mas‘ud thus preferred to give a
decision according to his own opinion and to bear the responsibility for it if he was wrong, rather than
possibly lie about something the Messenger of Allah said or did. He said, after deciding a problem according
to his opinion, “I say this from my own opinion. If it is right, it is from Allah. If it is wrong, it is from me and
from Shaytan.” He used to be elated when his opinion accorded with a
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