Ibn Majah

Commentary:
(1)
It is obligatory upon the common person to ask the scholars regarding religious matters, and it is incumbent upon the scholars to respond in the light of the evidences from the Qur’an and Hadith.

(2)
Issuing a fatwa (legal verdict) solely on the basis of intellect, without evidence, is sinful because the questioner places his trust in the scholar; if the scholar gives an incorrect fatwa, then the responsibility for the mistake of the questioner will be upon the scholar.

Benefits and Issues:
Benefit: When giving advice contrary to goodness in ordinary matters is considered a betrayal, then to issue an incorrect fatwa (religious verdict) in religious and Shari'ah matters, or to mention a weaker opinion in place of the stronger one, is a far greater betrayal.

Hadith Authentication:
Its chain is Hasan (good).
Both Hakim and Dhahabi have declared it authentic according to the conditions of the two Shaykhs (Bukhari and Muslim)!

Jurisprudence of the Hadith:
➊ There are two types of people:
First: Those who explain religious matters, i.e., the scholars.
Second: Those who ask about religious matters, i.e., the general public.
➋ From this hadith, it is understood that issuing a legal verdict (fatwa) without evidence (such as the Qur’an, hadith, and consensus) or, in the absence of evidence, without personal ijtihad (such as reasoning from the reports of the pious predecessors, reasoning from general principles, sound analogy (qiyas), and other ijtihadi proofs) is not permissible; rather, it is wrong and prohibited.
➌ The one who gives an incorrect fatwa is sinful, and the burden of that fatwa is upon him.
◄ Sayyiduna Abdullah ibn Abbas radi Allahu anhu said:
«من أفتي بفتيا يعمي فيها فإنما إثمها عليه»
“Whoever gives such a fatwa in which deception is involved, then its sin is upon the one who gave that fatwa.” [جامع بيان العلم وفضله 2؍132 ح859 وسنده حسن، سنن الدارمي : 162]
➍ Giving a fatwa without knowledge is prohibited, as has been explained in point 1.
➎ One should always give the best advice with an open heart.
➏ Concealing the truth is haram (forbidden).
➐ Giving advice is a trust (amanah); therefore, when someone seeks advice, one should give beneficial advice. One should not commit treachery by giving wrong advice or advice contrary to goodwill.

Benefits:
➊ To fabricate a lie against the Messenger of Allah (sallallahu alayhi wa sallam) is a major sin. For details, see: [شرح حديث؛163]
➋ From the aforementioned hadith, it is understood that consultation is a trust (amanah); whoever is asked for advice should give it with trustworthiness.

In one hadith it is stated:
It is narrated from Sayyiduna Abu Hurairah (radi Allahu anhu) that the Noble Prophet (sallallahu alayhi wa sallam) said to Abu’l-Haytham: “Do you have a servant?” He replied: No. The Prophet (sallallahu alayhi wa sallam) said: “When captives come to us, come to me.” (Afterwards) two captives were brought to the Noble Prophet (sallallahu alayhi wa sallam). Abu’l-Haytham came to him, so the Noble Prophet (sallallahu alayhi wa sallam) said to him: “Choose one of these two.” He said: O Messenger of Allah! You choose for me. The Noble Prophet (sallallahu alayhi wa sallam) said: “Indeed, the one who is consulted is a trustee. Take this one, for I have seen him performing prayer.” [سلسله الصحيحه، رقم؛1641۔ ادب المفرد، رقم؛256]

It is thus understood that whoever is asked for advice should give correct advice, and should give such advice as is better for the person’s worldly life and Hereafter.

Allah, the Exalted, commanded the Prophet (sallallahu alayhi wa sallam) to consult with the Companions, saying:
«وَشَاوِرْهُمْ فِي الْأَمْرِ» [3-آل عمران:159]
“And consult them in the affairs.”

And among the qualities of the noble Companions (radi Allahu anhum) is also this:
«وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ» [42-الشورى:38]
“Their affairs are (conducted) by mutual consultation among themselves.”

Benefits
From the aforementioned hadith, it is understood that one should exercise caution when issuing a fatwa; if someone is asked about a religious issue and, without knowledge, gives an incorrect fatwa, and an uninformed person acts upon that fatwa, then the sin of the wrong action will be upon the one who issued the fatwa.

The expert scholars have stated that
«لَا اَدرِي» that is, saying “I do not know” is also a matter of knowledge or is half of knowledge, since the accountability of the Hereafter is extremely severe.

Hafiz Ibn Hajar rahimahullah al-Asqalani rahimahullah writes:
“Issuing a fatwa is the true sovereignty of the domain of knowledge, and giving a fatwa without knowledge is extremely blameworthy and deserving of abhorrence.” [فتح الباري؛ 1/236]

Allamah Ibn Khaldah, while advising Imam Rabi’, said:
O Rabi’! When you give fatwas to people, your intention should not be to provide ease for the questioner, rather you should be concerned for your own salvation—how will I be freed from the whirlpool of this issue? [الفقيه والمتفقه؛2/357]

Benefit:
In this hadith, the condemnation of lying upon the Messenger of Allah (sallallahu alayhi wa sallam) has been mentioned. Also, see the explanation of the previous hadith.

Imam Ibn Hibban rahimahullah has deduced from this hadith:

‘Chapter: The obligation of entering the Fire for one who attributes something to the Chosen One (sallallahu alayhi wa sallam) while he does not know its authenticity.’
(The statement regarding the obligation of entering Hellfire for the person who attributes something to the Prophet (sallallahu alayhi wa sallam) and does not even know its authenticity.) (Sahih Ibn Hibban)

From this, it is understood that it is obligatory to verify a hadith before narrating it. Regrettably, in the present era, most preachers, teachers, and authors are unfamiliar with the science of al-jarh wa al-ta'dil (the science of criticism and accreditation), the sciences of hadith, and the discipline of referencing and verification. A person who is ignorant of these sciences does not possess the skill to verify any hadith; so how has he become an inheritor of the pulpit and the mihrab? He should fear Hellfire and acquire thorough expertise in the religious sciences, lest he attribute fabricated narrations to the Prophet (sallallahu alayhi wa sallam), for this is a major sin.