The Great Imams : Sayings Of The Imaams Regarding Following The Sunnah And Ignoring Their Views Contradictory To It
The Great Imams
"Follow (O men!) the revelation given to you from your Lord, and follow not, as friends and protectors, other than Him. Little is it you remember of admonition."19
1) Abu Haneefah (rahimahullaah)
1. "When a hadeeth is found to be saheeh, then that is my madhhab."20
2. "It is not permitted21 for anyone to accept our views if they do not know from where we got them."22
In one narration, "It is prohibited23 for someone who does not know my evidence to give verdicts24 on the basis of my words."
Another narration adds, "... for we are mortals: we say one thing one day, and take it back the next day."
In another narration, "Woe to you, O Ya'qub25! Do not write down everything you hear from me, for it happens that I hold one opinion today and reject it tomorrow, or hold one opinion tomorrow and reject it the day after tomorrow."26
3. "When I say something contradicting the Book of Allaah the Exalted or what is narrated from the Messenger (sallallaahu 'alaihi wa sallam), then ignore my saying."27
2) Maalik ibn Anas (rahimahullaah)
1. "Truly I am only a mortal: I make mistakes (sometimes) and I am correct (sometimes). Therefore, look into my opinions: all that agrees with the Book and the Sunnah, accept it; and all that does not agree with the Book and the Sunnah, ignore it."28
2. "Everyone after the Prophet (sallallaahu 'alaihi wa sallam) will have his sayings accepted and rejected - not so the Prophet (sallallaahu 'alaihi wa sallam)."29
3. Ibn Wahb said: "I heard Maalik being asked about cleaning between the toes during ablution. He said, 'The people do not have to do that.' I did not approach him until the crowd had lessened, when I said to him, 'We know of a sunnah about that.' He said, 'What is that ?' I said, 'Laith ibn Sa'd, Ibn Lahee'ah and 'Amr ibn al-Haarith narrated to us from Yazeed ibn 'Amr al-Ma'aafiri from Abu 'Abdur-Rahman al-Hubuli from Mustawrid ibn Shaddaad al-Qurashi who said, 'I saw the Messenger of Allaah (sallallaahu 'alaihi wa sallam) rubbing between his toes with his little finger.' He said, 'This hadeeth is sound; I had not heard of it at all until now.' Afterwards, I heard him being asked about the same thing, on which he ordered cleaning between the toes."30
3) Shaafi'i (rahimahullaah)
1. "The sunnahs of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) reach, as well as escape from, every one of us. So whenever I voice my opinion, or formulate a principle, where something contrary to my view exists on the authority of the Messenger of Allaah (sallallaahu 'alaihi wa sallam), then the correct view is what the Messenger of Allaah (sallallaahu 'alaihi wa sallam) has said, and it is my view."32
2. "The Muslims are unanimously agreed that if a sunnah of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) is made clear to someone, it is not permitted33 for him to leave it for the saying of anyone else."34
3. "If you find in my writings something different to the Sunnah of the Messenger of Allaah (sallallaahu 'alaihi wa sallam), then speak on the basis of the Sunnah of the Messenger of Allaah (sallallaahu 'alaihi wa sallam), and leave what I have said."
In one narration: "... then follow it (the Sunnah), and do not look sideways at anyone else's saying."35
4. "When a hadeeth is found to be saheeh, then that is my madhhab."36
5. "You37 are more knowledgeable about Hadeeth than I, so when a hadeeth is saheeh, inform me of it, whether it is from Kufah, Basrah or Syria, so that I may take the view of the hadeeth, as long as it is saheeh."38
6. "In every issue where the people of narration find a report from the Messenger of Allaah (sallallaahu 'alaihi wa sallam) to be saheeh which is contrary to what I have said, then I take my saying back, whether during my life or after my death."39
7. "If you see me saying something, and contrary to it is authentically-reported from the Prophet (sallallaahu 'alaihi wa sallam), then know that my intelligence has departed."40
8. "For everything I say, if there is something authentic from the Prophet (sallallaahu 'alaihi wa sallam) contrary to my saying, then the hadeeth of the Prophet (sallallaahu 'alaihi wa sallam) comes first, so do not follow my opinion."41
9. "Every statement on the authority of the Prophet (sallallaahu 'alaihi wa sallam) is also my view, even if you do not hear it from me."42
4) Ahmad ibn Hanbal (rahimahullaah)
1. "Do not follow my opinion; neither follow the opinion of Maalik, nor Shaafi'i, nor Awzaa'i, nor Thawri, but take from where they took."44
In one narration: "Do not copy your Deen from anyone of these, but whatever comes from the Prophet (sallallaahu 'alaihi wa sallam) and his Companions, take it; next are their Successors, where a man has a choice."
Once he said: "Following45 means that a man follows what comes from the Prophet (sallallaahu 'alaihi wa sallam) and his Companions; after the Successors, he has a choice."46
2. "The opinion of Awzaa'i, the opinion of Maalik, the opinion of Abu Haneefah: all of it is opinion, and it is all equal in my eyes. However, the proof is in the narrations (from the Prophet (sallallaahu 'alaihi wa sallam) and his Companions)."47
3. "Whoever rejects a statement of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) is on the brink of destruction."48
These are the clear, lucid sayings of the Imaams (Allaah Exalted be pleased with them) about sticking to the Hadeeth and forbidding the following of their opinion without clearly- visible evidence, such that mere opinion and interpretation is not acceptable.
Hence, whoever adhered to whatever of the Sunnah that was proved authentic, even if it opposed some of the Imaams' sayings, he would not be conflicting with their madhhab, nor straying from their path; rather, such a person would be following all of them and would be grasping the most trustworthy hand-hold, which never breaks. However, this would not be the case with the one who abandoned any of the authentic Sunnah simply because it contradicted their views; nay, such a person would be being disobedient to them and opposing their above mentioned sayings, while Allaah says:
"But no, by Your Lord, they can have no (real) faith, until they make you judge in all disputes between them, and find in their souls no resistance against your decisions, but accept them with the fullest conviction."49.
He also says:
"Then let those beware who withstand the Messenger's order, lest some trial befall them or a grievous penalty be inflicted on them."50
Haafiz Ibn Rajab al-Hanbali (rahimahullaah) says:
"Therefore it is obligatory on anyone who hears of a command of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) or knows it, to explain it to the Ummah, advise them sincerely, and order them to follow his command, even if it contradicts the opinion of someone great. This is because the authority of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) has the most right to be respected and followed, over and above the opinion of anyone great who has unknowingly contradicted the Messenger's command in any matter. This is why the Companions and those after would refute anyone who contradicted the authentic Sunnah, sometimes being very stern in their refutation51, not out of hatred for that person, for they loved and respected him, but because the Messenger of Allaah was more beloved to them, and his command was superior to the command of any other created being. Hence, when the order of the Messenger and that of someone else conflicted, the order of the Messenger would be more fitting to be enforced and followed. None of this would stop them respecting the person they had opposed because they knew that he would be forgiven52; in fact, the latter would not mind his instruction being opposed when the command of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) was clearly shown to be opposite."53
Indeed, how could they mind that, when they had ordered their followers to do so, as we have seen, and had enjoined on them to abandon any of their views which contradicted the Sunnah. In fact, Imaam Shaafi'i (rahimahullaah) told his companions to attribute the authentic Sunnah to him also, even if he had not adopted it or had adopted something contradictory to it. Hence, when the analyst Ibn Daqeeq al-'Eid (rahimahullaah) collected together, in a bulky volume, the issues in which one or more of the four Imaams' madhhabs had contradicted the authentic hadeeth, he wrote at the beginning of it, "It is prohibited to attribute these answers to the Mujtahid Imaams, and obligatory on the jurists who follow their opinions to know of these so that they do not quote them regarding these and thus lie against them."54
The Imaams' Followers Leaving their Views if these Contradicted the Sunnah
1) Imaam Muhammad says in his Muwatta'58(p. 158), "As for Abu Haneefah, he did not regard there being a prayer to ask for rain, but we hold that the imaam prays two rak'ahs and then supplicates and holds out his wrapping garment ..."
2) We have 'Isaam ibn Yoosuf al-Balkhi, one of the companions of Imaam Muhammad59 and a servant of Imaam Abu Yoosuf60, who "would give verdicts contrary to Imaam Abu Haneefah because he did not know the latter's evidence, and other evidence would present itself to him, so he would give verdicts using that."61 Hence, "he would raise his hands on bowing (in prayer) and on rising from it"62, as is the mutawaatir sunnah of the Prophet (sallallaahu 'alaihi wa sallam); the fact that his three Imaams (i.e. Abu Haneefah, Abu Yoosuf and Muhammad) said otherwise did not prevent him from practising this sunnah. This is the approach which every Muslim is obliged to have, as we have already seen from the testimony of the Four Imaams, and others.
To sum up: I sincerely hope that no follower of an Imaam will race to condemn the principles of this book and abandon benefiting from the sunnahs of the Prophet (sallallaahu 'alaihi wa sallam) which it contains, with the argument that they are contrary to his Madhhab. I hope that such a person will instead consider what we have given of the exhortations of the Imaams towards the obligation to act on the Sunnah and ignore their sayings contradictory to it. I hope also that he will realise that to condemn the attitude of this book is to condemn whichever Imaam he is following, for we have taken these principles from those Imaams, as we have explained. Therefore, whoever refuses to be guided by them on this path is in great danger, for such refusal necessitates turning away from the Sunnah, the Sunnah to which we have been ordered to refer in cases of difference of opinion and on which we have been commanded to depend.
I ask Allaah to make us among those about whom He says,
"The answer of the believers, when summoned to Allaah and His Messenger, in order that he may judge betweeen them, is no other than this: they say, "We hear and we obey" - it is such as these that will attain Success. It is those who obey Allaah and His Messenger, and fear Allaah, and keep their duty to Him, who will triumph."63
Footnotes
[18]This is the sort of taqleed (blind following ) which Imaam Tahaawi was referring to when he said, "Only someone with party-spirit or a fool blindly follows opinion" - quoted by Ibn 'Aabideen in Rasm al-Mufti (vol. 1, p. 32 from the Compilation of his Essays).
[19]al-A'raaf, 7:3
[20]Ibn 'Aabideen in al-Haashiyah (1/63), and in his essay Rasm al-Mufti (1/4 from the Compilation of the Essays of Ibn 'Aabideen), Shaikh Saalih al-Fulaani in Eeqaaz al-Himam (p. 62) & others. Ibn 'Aabideen quoted from Sharh al-Hidaayah by Ibn al-Shahnah al-Kabeer, the teacher of Ibn al-Humaam, as follows:
"When a hadeeth contrary to the Madhhab is found to be saheeh, one should act on the hadeeth, and make that his madhhab. Acting on the hadeeth will not invalidate the follower's being a Hanafi, for it is authentically reported that Abu Haneefah said, 'When a hadeeth is found to be saheeh, then that is my madhhab', and this has been related by Imaam Ibn 'Abdul Barr from Abu Haneefah and from other imaams."
This is part of the completeness of the knowledge and piety of the Imaams, for they indicated by saying this that they were not versed in the whole of the Sunnah, and Imaam Shaafi'i has elucidated this thoroughly (see later). It would happen that they would contradict a sunnah because they were unaware of it, so they commanded us to stick to the Sunnah and regard it as part of their Madhhab. May Allaah shower His mercy on them all.
[21]Ar.: halaal
[22]Ibn 'Abdul Barr in Al-Intiqaa' fi Fadaa'il ath-Thalaathah al- A'immah al-Fuqahaa' (p. 145), Ibn al-Qayyim in I'laam al- Mooqi'een (2/309), Ibn 'Aabideen in his Footnotes on Al-Bahr ar-Raa'iq (6/293) and in Rasm al-Mufti (pp. 29,32) & Sha'raani in Al-Meezaan (1/55) with the second narration. The last narration was collected by 'Abbaas ad-Dawri in At- Taareekh by Ibn Ma'een (6/77/1) with a saheeh sanad on the authority of Zafar, the student of Imaam Abu Haneefah. Similar narrations exist on the authority of Abu Haneefah's companions Zafar, Abu Yoosuf and 'Aafiyah ibn Yazeed; cf. Eeqaaz (p. 52). Ibn al-Qayyim firmly certified its authenticity on the authority of Abu Yoosuf in I'laam al-Mooqi'een (2/344). The addition to the second narration is referenced by the editor of Eeqaaz (p. 65) to Ibn 'Abdul Barr, Ibn al-Qayyim and others.
If this is what they say of someone who does not know their evidence, what would be their response to one who knows that the evidence contradicts their saying, but still gives verdicts opposed to the evidence?! Therefore, reflect on this saying, for it alone is enough to smash blind following of opinion; that is why one of the muqallid shaikhs, when I criticised his giving a verdict using Abu Haneefah's words without knowing the evidence, refused to believe that it was a saying of Abu Haneefah!
[23]Ar.: haraam
[24]Ar.: fatwaa
[25]i.e. Imaam Abu Haneefah's illustrious student, Abu Yoosuf (rahimahullaah).
[26]This was because the Imaam would often base his view on Qiyaas (Analogy), after which a more potent analogy would occur to him, or a hadeeth of the Prophet (sallallaahu 'alaihi wa sallam) would reach him, so he would accept that and ignore his previous view. Sha'raani's words in Al-Meezaan (1/62) are summarised as:
"Our belief, as well as that of every researcher into Imaam Abu Haneefah (radi Allaahu 'anhu), is that, had he lived until the recording of the Sharee'ah, and the journeys of the Preservers of Hadeeth to the various cities and frontiers in order to collect and acquire it, he would have accepted it and ignored all the analogies he had employed. The amount of qiyaas in his Madhhab would have been just as little as that in other Madhhabs, but since the evidences of the Sharee'ah had been scattered with the Successors and their successors, and had not been collected in his lifetime, it was necessary that there be a lot of qiyaas in his Madhhab compared to that of other imaams. The later scholars then made their journeys to find and collect ahaadeeth from the various cities and towns and wrote them down; hence, some ahaadeeth of the Sharee'ah explained others. This is the reason behind the large amount of qiyaas in his Madhhab, whereas there was little of it in other Madhhabs."
Abul-Hasanaat Al-Lucknowi quoted his words in full in An- Naafi' al-Kabeer (p. 135), endorsing and expanding on it in his footnotes, so whoever wishes to consult it should do so there.
Since this is the justification for why Abu Haneefah has sometimes unintentionally contradicted the authentic ahaadeeth - and it is a perfectly acceptable reason, for Allaah does not burden a soul with more than it can bear - it is not permissible to insult him for it, as some ignorant people have done. In fact, it is obligatory to respect him, for he is one of the imaams of the Muslims through whom this Deen has been preserved and handed down to us, in all its branches; also, for he is rewarded under any circumstance: whether he is correct or wrong. Nor is it permissible for his devotees to continue sticking to those of his statements which contradict the authentic ahaadeeth, for those statements are effectively not part of his Madhhab, as the above sayings show. Hence, these are two extremes, and the truth lies in between. "Our Lord! Forgive us, and our brethren who came before us into the Faith; and leave not, in our hearts, any rancour against those who have believed. Our Lord! You are indeed Full of Kindness, Most Merciful." (Al-Hashr 59:10)
[27]Al-Fulaani in Eeqaaz al-Himam (p. 50), tracing it to Imaam Muhammad and then saying, "This does not apply to the mujtahid, for he is not bound to their views anyway, but it applies to the muqallid."
Sha'raani expanded on that in Al-Meezaan (1/26):
"If it is said: 'What should I do with the ahaadeeth which my Imaam did not use, and which were found to be authentic after his death?' The answer which is fitting for you is: 'That you act on them, for had your Imaam come across them and found them to be authentic, he would have instructed you to act on them, because all the Imaams were captives in the hand of the Sharee'ah.' He who does so will have gathered all the good with both his hands, but he who says, 'I will not act according to a hadeeth unless my Imaam did so', he will miss a great amount of benefit, as is the case with many followers of the Imaams of the Madhhabs. It would be better for them to act on every hadeeth found to be authentic after the Imaam's time, hence implementing the will of the Imaams; for it is our firm belief about the Imaams that had they lived longer and come to know of those ahaadeeth which were found authentic after their time, they would have definitely accepted and acted according to them, ignoring any analogies they may have previously made, and any views they may have previously held."
[28]Ibn 'Abdul Barr in Jaami' Bayaan al-'Ilm (2/32), Ibn Hazm, quoting from the former in Usool al-Ahkaam (6/149), & similarly Al-Fulaani (p. 72)
[29]This is well known among the later scholars to be a saying of Maalik. Ibn 'Abdul Haadi declared it saheeh in Irshaad as- Saalik (227/1); Ibn 'Abdul Barr in Jaami' Bayaan al-'Ilm (2/91) & Ibn Hazm in Usool al-Ahkaam (6/145, 179) had narrated it as a saying of Al-Hakam ibn 'Utaibah and Mujaahid; Taqi ad- Deen as-Subki gave it, delighted with its beauty, in al- Fataawaa (1/148) as a saying of Ibn 'Abbaas, and then said: "These words were originally those of Ibn 'Abbaas and Mujaahid, from whom Maalik (radi Allaahu 'anhu) took them, and he became famous for them." It seems that Imaam Ahmad then took this saying from them, as Abu Daawood has said in Masaa'il of Imaam Ahmad (p. 276): "I heard Ahmad say, 'Everyone is accepted and rejected in his opinions, with the exception of the Prophet (sallallaahu 'alaihi wa sallam)'."
[30]From the Introduction to Al-Jarh wat-Ta'deel of Ibn Abi Haatim, pp. 31-2.
[31]Ibn Hazm says in Usool al-Ahkaam (6/118):
"Indeed, all the fuqahaa' whose opinions are followed were opposed to taqleed, and they forbade their companions from following their opinion blindly. The sternest among them in this regard was Shaafi'i (rahimahullaah), for he repeatedly emphasised, more than anyone else, following the authentic narrations and accepting whatever the proof dictated; he also made himself innocent of being followed totally, and announced this to those around him. May this benefit him in front of Allaah, and may his reward be of the highest, for he was the cause of great good."
[32]Related by Haakim with a continuous sanad up to Shaafi'i, as in Taareekh Dimashq of Ibn 'Asaakir (15/1/3), I'laam al- Mooqi'een (2/363, 364) & Eeqaaz (p. 100).
[33]Ar.: halaal
[34]Ibn al-Qayyim (2/361) & Fulaani (p. 68)
[35]Harawi in Dhamm al-Kalaam (3/47/1), Khateeb in Al-Ihtijaaj bi ash-Shaafi'i (8/2), Ibn 'Asaakir (15/9/10), Nawawi in Al- Majmoo' (1/63), Ibn al-Qayyim (2/361) & Fulaani (p. 100); the second narration is from Hilyah al-Awliyaa' of Abu Nu'aim.
[36]Nawawi in Al-Majmoo' (1/63), Sha'raani (1/57), giving its sources as Haakim and Baihaqi, & Fulaani (p. 107). Sha'raani said, "Ibn Hazm said, 'That is, ... found to be saheeh by him or by any other Imaam'." His saying given next confirms this understanding.
Nawawi says: "Our companions acted according to this in the matter of tathweeb (calling to prayer in addition to the adhaan), the conditions on coming out of ihraam due to illness, and other issues well-known in the books of the Madhhab. Among those of our companions who are reported to have passed judgment on the basis of the hadeeth (i.e. rather than the saying of Shaafi'i) are Abu Ya'qoob al-Buweeti and Abu l-Qaasim ad-Daariki. Of our companions from the muhadditheen, Imaam Abu Bakr Al-Baihaqi and others employed this approach. Many of our earliest companions, if they faced an issue for which there was a hadeeth, and the madhhab of Shaafi'i was contrary to it, would act according to the hadeeth and give verdicts based on it, saying, 'The madhhab of Shaafi'i is whatever agrees with the hadeeth.' Shaikh Abu 'Amr (Ibn as-Salaah) says, 'Whoever among the Shaafi'is found a hadeeth contradicting his Madhhab, he would consider whether he fulfilled the conditions of ijtihaad generally, or in that particular topic or issue, in which case he would be free to act on the hadeeth; if not, but nevertheless he found it hard to contradict the hadeeth after further analysis, he would not be able to find a convincing justification for opposing the hadeeth. Hence, it would be left for him to act according to the hadeeth if an independent imaam other than Shaafi'i had acted on it, and this would be justification for his leaving the Madhhab of his Imaam in that issue.' What he (Abu 'Amr) has said is correct and established. Allaah knows best."
There is another possibility which Ibn as-Salaah forgot to mention: what would one do if he did not find anyone else who acted according to the hadeeth? This has been answered by Taqi ad-Deen as-Subki in his article, The Meaning of Shaafi'i's saying, "When a hadeeth is found to be saheeh, then that is my madhhab" (p. 102, vol. 3): "For me, the best thing is to follow the hadeeth. A person should imagine himself in front of the Prophet (sallallaahu 'alaihi wa sallam), just having heard it from him: would there be leeway for him to delay acting on it? No, by Allaah ... and everyone bears a responsibility according to his understanding."
The rest of this discussion is given and analysed in I'laam al- Muwaqqi'een (2/302, 370) and in the book of al-Fulaane, (full title:) Eeqaaz Himam ulu l-Absaar, lil-Iqtidaa' bi Sayyid al- Muhaajireen wal-Ansaar, wa Tahdheeruhum 'an al-Ibtidaa' ash- Shaa'i' fi l-Quraa wal-Amsaar, min Taqleed al-Madhaahib ma'a l- Hamiyyah wal-'Asabiyyah bain al-Fuqahaa' al-A'saar (Awakening the Minds of those who have Perception, towards following the Leader of the Emigrants and Helpers, and Warning them against the Innovation Widespread among Contemporary Jurists in the Towns and Cities, of following Madhhabs with Zeal and Party- Spirit). The latter is a unique book in its field, which every desirer of truth should study with understanding and reflection.
[37]addressing Imaam Ahmad ibn Hanbal (rahimahullaah).
[38]Related by Ibn Abi Haatim in Aadaab ash-Shaafi'i (pp. 94-5), Abu Nu'aim in Hulyah al-Awliyaa' (9/106), al-Khateeb in Al- Ihtijaaj bish-Shaafi'i (8/1), and from him Ibn 'Asaakir (15/9/1), Ibn 'Abdul Barr in al-Intiqaa' (p. 75), Ibn al-Jawzi in Manaaqib al-Imaam Ahmad (p. 499) & Harawi (2/47/2) with three routes from 'Abdullaah ibn Ahmad ibn Hanbal from his father that Shaafi'i said to him: ...etc; thus, it is authentic on the authority of Shaafi'i. This is why Ibn al- Qayyim attributed it definitely to him in I'laam (2/325), as did Fulaani in Eeqaaz (p. 152) and then said: "Baihaqi said, 'This is why he - i.e. Shaafi'i - used hadeeth so much, because he gathered knowledge from the people of Hijaaz, Syria, Yemen and 'Iraq, and so accepted all that he found to be authentic, without leaning towards or looking at what he had considered out of the Madhhab of the people of his land when the truth was clear to him elsewhere. Some of those before him would limit themselves to what they found in the Madhhab of the people of their land, without attempting to ascertain the authenticity of what opposed it. May Allaah forgive all of us'."
[39]Abu Nu'aim (9/107), Harawi (47/1), Ibn al-Qayyim in I'laam al-Muwaqqi'een (2/363) & Fulaani (p. 104).
[40]Ibn Abi Haatim in al-Aadaab (p. 93), Abul Qaasim Samarqandi in al-Amaali, as in the selection from it by Abu Hafs al- Mu'addab (234/1), Abu Nu'aim (9/106) & Ibn 'Asaakir (15/10/1) with a saheeh sanad.
[41]Ibn Abi Haatim, Abu Nu'aim & Ibn 'Asaakir (15/9/2).
[42]Ibn Abi Haatim (pp. 93-4).
[43]Ibn al-Jawzi in al-Manaaqib (p. 192)
[44]Fulaani (p. 113) & Ibn al-Qayyim in I'laam (2/302).
[45]Ar.: ittibaa'
[46]Abu Daawood in Masaa'il of Imaam Ahmad (pp. 276-7)
[47]Ibn 'Abdul Barr in Jaami' Bayaan al-'Ilm (2/149).
[48]Ibn al-Jawzi (p. 182).
[49]an-Nisaa', 4:65
[50]an-Noor, 24:63
[51]Even against their fathers and learned men, as Tahaawi in Sharh Ma'aani al-Aathaar (1/372) & Abu Ya'laa in his Musnad (3/1317) have related, with an isnaad of trustworthy men, from Saalim ibn 'Abdullaah ibn 'Umar, who said:
"I was sitting with Ibn 'Umar (radi Allaahu 'anhu) in the mosque once, when a man from the people of Syria came to him and asked him about continuing the 'Umrah onto the Hajj (known as Hajj Tamattu'). Ibn 'Umar replied, 'It is a good and beautiful thing.' The man said, 'But your father (i.e. 'Umar ibn al-Khattaab) used to forbid it!' So he said, 'Woe to you! If my father used to forbid something which the Messenger of Allaah (sallallaahu 'alaihi wa sallam) practised and commanded, would you accept my father's view, or the order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) ?' He replied, 'The order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam).' He said, 'So go away from me.' Ahmad (no. 5700) related similarly, as did Tirmidhi (2/82) and declared it saheeh.
Also, Ibn 'Asaakir (7/51/1) related from Ibn Abi Dhi'b, who said:
"Sa'd ibn Ibraaheem (i.e. the son of 'Abdur Rahmaan ibn 'Awf) passed judgment on a man on the basis of the opinion of Rabee'ah ibn Abu 'Abdur Rahmaan, so I informed him of the saying of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) which was contradictory to the judgment. Sa'd said to Rabee'ah, 'We have Ibn Abi Dhi'b, whom I regard to be reliable, narrating from the Prophet (sallallaahu 'alaihi wa sallam) contrary to what I ruled.' Rabee'ah said to him, 'You have made your effort, and your judgment has been passed.' Sa'd said, 'Most amazing! I enforce the decree of Sa'd, and not the decree of the Messenger of Allaah (sallallaahu 'alaihi wa sallam)! No, I shall withdraw the decree of Sa'd, son of the mother of Sa'd, and enforce the decree of the Messenger of Allaah (sallallaahu 'alaihi wa sallam).' So Sa'd called for the written decree, tore it up and gave a new verdict."
[52]In fact, he would be rewarded, because of the Prophet's saying (sallallaahu 'alaihi wa sallam): "When a judge passes judgment, if he makes his effort (ijtihaad) and rules correctly, he will have two rewards; if he makes his effort (ijtihaad) and rules wrongly, he will have one reward." (Related by Bukhaari, Muslim & others.)
[53]Quoted in the notes on Eeqaaz al-Himam (p. 93)
[54]Fulaani (p. 99)
[55]cf. al-Waaqi'ah 56:13-14
[56]Ibn 'Aabideen in Haashiyah (1/62), & Lucknowi gave its source in an-Naafi' al-Kabeer (p. 93) as Ghazaali .
[57]He himself says at the beginning of his Concise Shaafi'i Fiqh (printed in the margin of Imaam Shaafi'i's Al-Umm):
"This book is a selection from the knowledge of Muhammad ibn Idrees al-Shaafi'i (rahimahullaah) and from the meanings of his sayings, to aid the understanding of whoever wants it, knowing of his forbidding the following of his, or anyone else's, opinion, so that such a person may carefully look for his Deen in it."
[58]In which he has explained his opposing his Imaam in about twenty masaa'il (nos. 42, 44, 103, 120, 158, 169, 172, 173, 228, 230, 240, 244, 274, 275, 284, 314, 331, 338, 355, 356 - from Ta'leeq al-Mumajjid 'alaa Muwatta' Muhammad (Important Notes on Muhammad's Muwatta'))
[59]Ibn 'Aabideen mentioned him among them in Haashiyah (1/74) & in Rasm al-Mufti (1/17). Qurashi mentioned him in Al- Jawaahir al-Madiyyah fi Tabaqaat al-Hanafiyyah (p. 347) and said, "He was a reliable transmitter of Hadeeth. He and his brother Ibraaheem were the two shaikhs of Balakh of their time."
[60]Al-Fawaa'id al-Bahiyyah fi Taraajum al-Hanafiyyah (p. 116)
[61]Al-Bahr ar-Raa'iq (6/93) & Rasm al-Mufti (1/28).
[62]Al-Fawaa'id ... (p. 116); the author then added a useful note:
"From this can be deduced the falsity of Makhool's narration from Abu Haneefah: 'that he who raises his hands during Prayer, his Prayer is ruined', by which Ameer, the scribe of Itqaani, was deceived, as has been mentioned under his biography. 'Isaam ibn Yoosuf, a companion of Abu Yoosuf, used to raise his hands, so if the above-mentioned narration had any foundation, Abu Yoosuf and 'Isaam would have known about it ... It can also be deduced that if a Hanafi ignored the madhhab of his Imaam in an issue due to the strength of the evidence against it, this would not take him outside the ranks of the Imaam's followers, but this would in fact be proper taqleed in the guise of leaving taqleed; do you not see that 'Isaam ibn Yoosuf left Abu Haneefah's madhhab of not raising the hands, but he is stil counted as a Hanafi?... To Allaah I complain of the ignorance of our time, when they insult anyone who does not follow his Imaam in an issue because of the strength of evidence against it, and expel him from the fold of that Imaam's followers! This is not surprising when those who do this are from the ordinary masses, but it is amazing when it comes from those who imitate men of learning but plod along that path like cattle!"
[63]an-Noor 24:51-52
