Love for the Sunnah of the Great Followers (Tābi‘īn) May Allah Have Mercy on Them and Their Principles and Regulations:
In Sunan Darimi, it is narrated from Janab Qatadah, may Allah have mercy on him, that Ibn Sirin, may Allah have mercy on him, narrated a Hadith of the Prophet from a man, then someone said that so-and-so said such and such. Upon this, Ibn Sirin became angry and said: I am narrating the Hadith of the Prophet to you, and you say so-and-so said this? I will never speak to you again.
The method of understanding religion and teaching the Book and Sunnah was also adopted by the Tabi‘in, the same as that of the Companions, may Allah be pleased with them, because the Tabi‘in were the students of the Companions, and they were deeply influenced by them. Abu Suhail said that his wife vowed to perform I‘tikaf in Masjid al-Haram for three days. He asked Umar bin Abdul Aziz, may Allah have mercy on him, and Imam Ibn Shihab Zuhri, may Allah have mercy on him, was also present, whether she should fast along with the I‘tikaf. Zuhri, may Allah have mercy on him, said that I‘tikaf without fasting is not valid.
Upon this, Umar bin Abdul Aziz, may Allah have mercy on him, asked if this was narrated from the Prophet, peace be upon him? It was said no. Umar bin Abdul Aziz asked: Is it narrated from Sayyiduna Abu Bakr, may Allah be pleased with him? No. From Sayyiduna Umar, may Allah be pleased with him? No. From Sayyiduna Uthman, may Allah be pleased with him? No. Then Umar bin Abdul Aziz said: My opinion is that fasting is not obligatory for this woman. When he left, he met Tawus and Ata bin Abi Rabah, may Allah have mercy on them. Tawus said: The fatwa of Sayyiduna Abdullah bin Abbas, may Allah be pleased with him, is that if she did not vow fasting along with I‘tikaf, then fasting is not obligatory on her. Ata bin Abi Rabah, may Allah have mercy on him, said: My opinion is the same.
Sayyiduna Umar bin Abdul Aziz, may Allah have mercy on him, said:
“The Messenger of Allah, peace be upon him, and after him his Caliphs, steadfastly adhered to the Sunnah and demonstrated that adherence to it is in fact confirmation of the Holy Qur’an, obedience to Allah Almighty, and strengthening of the firm religion. Whoever follows it is successful, whoever seeks help from it attains his goal, and whoever resolves to oppose it has chosen the path of rebellion against the believers, the righteous, and the perfect. Allah Almighty will disgrace such people and send them to Hell.”
Thus, in Sunan Tirmidhi it is stated:
«عن ابن عباس أن النبى صلى الله عليه وسلم قلد نعلين، وأشعر الهدي، ثم قال سمعت يوسف بن عيسى يقول: سمعت وكيعا يقول حين روى هذا الحديث فقال: لا تنظروا إلى قول أهل الر أى فى هذا، فإن الإشعار سنة، وقولهم بدعة وقال: سمعت أبا السائب يقول: كنا عند وكيع فقال لرجل عنده ممن ينظر فى الرأي: أشعر رسول الله صلى الله عليه وسلم ، ويقول أبو حنيفة: هو مثلة قال الرجل: فإنه قد روي عن إبراهيم النخمي أنه قال: الإشعار مثلة، قال: فرأيت وكيعا غضب غضبا شديدا ، وقال: أقول لك، قال رسول الله صلى الله عليه وسلم ، وتقول: قال إبراهيم، ما أحقك بأن تحبس ثم لا تخرج حتى تنزع عن قولك هذا»
“Sayyiduna Abdullah bin Abbas, may Allah be pleased with him, said that the Prophet, peace be upon him, branded the sacrificial animal and hung something around its neck. Imam Tirmidhi, may Allah have mercy on him, said: I heard from Yusuf bin Isa that he said: I heard from Waki‘ that when he narrated this, he said: Do not listen to the opinion of the people of reasoning in this matter; branding is the Sunnah of the Messenger, and their saying is an innovation. Abu Sa’ib said that we were sitting with Waki‘, may Allah have mercy on him, and a man who used to give opinions and make analogies was told that the Messenger of Allah, peace be upon him, branded. Abu Hanifah said that branding is an analogy. The man said their evidence is that Ibrahim al-Nakha‘i said branding is an analogy. Abu Sa’ib said I saw Waki‘ become very angry and said: I am telling you that the Messenger of Allah, peace be upon him, said this, and you say that Ibrahim said this. You deserve to be imprisoned and not released until you repent.”
Imam Amir bin Sharhabil al-Sha‘bi
said:
«ما حدثوك هؤلاء عن رسول الله فخذ به، وما قالوه برأيهم فألقه فى الحش»
“These people, hold firmly to the Hadith of the Messenger of Allah, peace be upon him, that they narrate to you, and throw away on the rubbish heap whatever they say against the Book and Sunnah by their own opinion.”
Imam Hukm bin Utaybah, may Allah have mercy on him, said:
“Among the people, you may accept or reject anyone’s statement except the Prophet’s, peace be upon him; accepting every word of his is obligatory.”
Shah Waliullah Muhaddith Dehlawi, may Allah have mercy on him, said:
«وكذلك تابعوهم أيضا يرجعون إلى الكتاب والسنة، فإن لم يجدوا نظروا ما أجمع عليه الصحابة، فإن لم يجدوا اجتهدوا، واختار بعضهم قول صحاتي فرآه الأقوى فى دين الله تعالى»
“This was the state of the Tabi‘in as well; they also referred to the Book and Sunnah in jurisprudential matters. If they did not find a matter in the Book and Sunnah, they looked at what the Companions, may Allah be pleased with them, had consensus upon. If they did not find consensus either, they exercised ijtihad on their own. Some Tabi‘in would take the statement of a Companion which they considered stronger for the religion of Allah Almighty.”
The Love of the Noble Imams, may Allah have mercy on them, for the Prophetic Sunnah and Their Principles:
The noble Imams, may Allah have mercy on them, used to have great love for the Book and Sunnah. The foundation of their jurisprudence in religion was based on these principles:
1: The Book of Allah, the Exalted.
2: The Sunnah of the Messenger, peace be upon him.
3: The consensus of the Companions or non-Companions.
4: The traditions of the Companions, especially the Four Rightly Guided Caliphs.
5: Analogical reasoning (Qiyas).
Imam Abu Hanifa, may Allah have mercy on him (died: 150 AH):
Principles of Jurisprudence:
Imam Abu Hanifa, may Allah have mercy on him, has been narrated by Imam Yahya bin Ma’in and Khateeb Baghdadi, etc., that Yahya bin Al-Faris says that a person came to Sufyan Thawri and said: Why are you displeased with Abu Hanifa, may Allah have mercy on him? I have heard him say that he takes rulings from the Book of Allah; if not found there, then from the Sunnah of the Messenger of Allah, peace be upon him; if not found there, then from the sayings of the Companions. In case of disagreement among them, he takes the opinion which he finds more appropriate and leaves the one he wishes. But he does not depart from the sayings of the Companions. However, when the matter reaches the Tabi‘in such as Ibrahim Nakha‘i, Shu‘bi, Ibn Sirin, Hasan al-Basri, ‘Ata bin Abi Rabah, and Sa‘id ibn al-Musayyib, etc., he exercises ijtihad as they did and does not strictly adhere to their sayings.
Hasan bin Salih, may Allah have mercy on him, says: Imam Abu Hanifa searched with great effort for the abrogating and abrogated in hadith. If a hadith of the Prophet or the sayings of the Companions were proven authentic to him, he acted upon it. He was a scholar of hadith and fiqh of the people of Kufa and strictly followed the practice of the people of Kufa. The people of Kufa were the preservers of the last actions of the Prophet, peace be upon him. He used to say that some things in the Book of Allah are abrogated, and similarly, some hadith are also abrogated.
Abu Hamza al-Askari, may Allah have mercy on him, says: I heard Abu Hanifa, may Allah have mercy on him, say that if a hadith from the Prophet, peace be upon him, is established with an authentic chain, then I take it. Among the various sayings of the Companions, I adopt one. I do not follow the sayings of the Tabi‘in but exercise ijtihad like them and do not depart from their opinions.
Imam Abdullah bin Mubarak, may Allah have mercy on him, says that I heard Abu Hanifa, may Allah have mercy on him, say: When a hadith from the Prophet, peace be upon him, is found, it is accepted wholeheartedly; if the sayings of the Companions are found, among their various sayings we adopt one; if the sayings of the Tabi‘in appear, then we also exercise ijtihad like them.
Sayings:
1: «إذا صح الحديث فهو مذ ہبي»
“That my madhhab is the authentic hadith.”
2: «إِذَا رَأَيْتُمْ كَلَامَنَا يُخَالِفُ ظَاهِرَ الْكِتَابِ وَالسُّنَّةِ فَاضْرِبُوا بِكَلَامِنَا الْحَائِط»
“Whenever you see that our statements are against the Quran and Hadith, then act upon the Quran and Hadith and reject our statements.”
3: «قال الإمام أبو حنيفة لا تقلدني ولا تقلدن مالكا ولا غيره وخذ الأحكام من حيث أخذوا من الكتاب والسنة كذا فى الميزان وغيره»
“Hazrat Imam Abu Hanifa, may Allah have mercy on him, said, do not follow me, nor follow Malik, may Allah have mercy on him, nor follow anyone else blindly; take the rulings of religion from where they took them, that is, from the Book and the Sunnah.”
4: «حرام على من لم يعرف دليلى أن يفتي بكلامي»
“It is forbidden to issue a fatwa based on my statement until the evidence for my statement is known.”
5: Imam Abu Hanifa, may Allah have mercy on him, said:
«لا أقلد التابعى لأنهم رجال ونحن رجال ولا يصح تقليده»
“I do not follow any Tabi‘i because they are also human like us; their following is not permissible.”
6: The Hadith of the Prophet, peace be upon him, takes precedence over the statement of Imam (Abu Hanifa).
7: «لا يحل لأحد أن نا خذ بقولنا ما لم يعلم من أين أخذناه.»
“It is not permissible for anyone to act according to our statement until he knows the source of our statement.”
You also have this statement attributed to you:
8: You once addressed your student Rashid Qazi Abu Yusuf and said: “Alas for you, O Ya‘qub! Do not write down every statement you hear from me, because today I adopt one opinion and tomorrow I abandon it, and tomorrow I adopt another opinion and the day after I leave it.”
You also have this directive attributed to you:
9 : «إذا قلت قولا يخالف كتاب الله تعالى وخبر الرسول فاتركوا قولي»
“When my statement is against the Book of Allah and the Hadith of the Messenger, peace be upon him, then abandon my statement.”
10: Abu Hanifa, may Allah have mercy on him, said to Abu Yusuf, may Allah have mercy on him: “Avoid discussing the principles of religion, that is Kalam, with common people, because they will follow you blindly and get trapped in it.”
Imam Malik, may Allah have mercy on him (died 179 AH):
Principles of Jurisprudence:
Similarly, from Imam Malik, may Allah have mercy on him, the principles and regulations of the Prophet were transmitted by the trustworthy scholars of the Imams. Mutarrif bin Abdullah says that I heard Imam Malik, may Allah have mercy on him, say that the Prophet Muhammad, peace be upon him, established Sunnahs, and after him, the scholars and rulers established some Sunnahs. Adherence to all of these is following the Book of Allah and completing obedience to Allah. Moreover, it is a source of strength for the religion that no one has the right to alter or change them, nor should anyone look towards anything else against them. Whoever takes guidance from them is guided. Whoever seeks help from them is victorious and successful. Whoever abandons these Sunnahs has followed a path contrary to the way of the believers. Allah will leave him to his own choice and will cast him into the evil abode of Hell.
Ishaq bin Isa, may Allah have mercy on him, narrates that Imam Malik, may Allah have mercy on him, said: Whenever someone comes to argue, will we abandon the religion revealed to Muhammad, peace be upon him, through Gabriel, peace be upon him?
Laith bin Saad, may Allah have mercy on him, sent a letter to Imam Malik, may Allah have mercy on him, from which it is also evident how strictly and diligently Imam Malik, may Allah have mercy on him, sought and followed the traces of the Companions, may Allah be pleased with them all, especially the Companions of Medina.
Sayings:
1: «إنما أنا بشر أخطئ وأصيب فانظروا فى رأى كلما وافق الكتاب والسنة فخذوه وكلما لم يوافي الكتاب والسنة فا تركوه.»
“I am a human! Both error and correctness are possible from me. Always verify everything I say; act upon what is in accordance with the Book and Sunnah, and reject what is contrary to them.”
2: Imam Qanabi, may Allah have mercy on him, who was among your special students, saw tears flowing from the eyes of the respected Imam and asked the reason. The respected Imam said, “Qanabi! If I do not weep, then who will? I wish I were whipped for every juristic ruling I made by analogy.” This crying continued, his lips moved, and in this state, the soul was taken by the Creator of life. Thus, he passed away at the age of 86 in 179 AH.
3: Imam Malik, may Allah have mercy on him, said that there is no person except the Prophet Muhammad, peace be upon him, whose words can be accepted or rejected at will. Only and only the Prophet Muhammad, peace be upon him, is such that accepting every word of his is obligatory.
4: Imam Ibn Wahb, may Allah have mercy on him, says that I was with Imam Malik, may Allah have mercy on him, when someone asked about the ruling on cleaning between the toes during ablution. Imam Malik said هذا ليس بشبي “that this is nothing,” meaning there is no hadith on this matter. Imam Ibn Wahb says that when people left and Imam Malik was alone, I went to him and said, “Respected teacher! We have received a hadith with its chain regarding this.” حدثني ليث بن سعد وابن لهيعة وعمرو بن حارث All three narrated this hadith to me from Yazid bin Amr, who narrated from Abu Abdur Rahman al-Hubali, who narrated from Masturad bin Shaddad, may Allah be pleased with him. I saw the Messenger of Allah, peace be upon him, cleaning between his toes with his little finger. Imam Malik said: This hadith is good. Abdullah bin Wahb, may Allah have mercy on him, says that after this, when someone asked Imam Malik again about this matter, he said: Yes, cleaning between the toes is the Sunnah of the Messenger of Allah, peace be upon him.
Imam Shafi’i, may Allah have mercy on him (died 204 AH):
Principles of Jurisprudence:
Imam Shafi’i, may Allah have mercy on him, has clearly explained his principles in his own writings. Also, trustworthy scholars have narrated many golden principles from him. His sayings are more frequently quoted than those of other Imams regarding the principles of following and the Sunnah because, in his time, sectarianism regarding schools of thought and scholars’ opinions had intensified. Similarly, in the time of Imam Ahmad ibn Hanbal, sectarianism had also become severe, which is why many sayings on this issue are also narrated from him.
Imam Shafi’i, may Allah have mercy on him, says: The fundamental sources are the Qur’an and Sunnah; if the solution to issues is not found in both, then analogical reasoning (Qiyas) should be applied to them. If a hadith is established with a sound chain of narration from the Prophet Muhammad, peace be upon him, then that is the Sunnah. Consensus (Ijma’) is stronger than reports, meaning hadith and the actions of the Companions. Hadith should be understood according to its apparent meaning. If there is ambiguity in several meanings, the most apparent meaning should be taken. If there is a conflict among several hadiths, the one with the most authentic chain is preferred. Any hadith with a broken chain, except for the disconnected narration of Sa’id ibn al-Musayyib, is weak.
He also said: It is not permissible for anyone to issue a ruling on the permissibility or prohibition of something without knowledge, and the sources of knowledge are the Qur’an, Sunnah, consensus, and analogical reasoning.
Elsewhere, he said that the sources of knowledge are the Qur’an, Sunnah, consensus, reports, and analogical reasoning according to the stated method. It is not permissible to act upon someone’s ijtihad (independent reasoning) without proper grounds.
Then he said that there are two methods of knowledge:
(1) Following (Itba’)
(2) Deduction (Istinbat)
Following means: acting upon the Book of Allah; if an issue is not found in the Book of Allah, then acting upon the Sunnah of the Prophet; if not found in the Sunnah, then acting upon the sayings of the Salaf (early generations). If none of these are available, then analogical reasoning based on the evidence of the Book of Allah; if not, then analogical reasoning based on the evidence of the Sunnah; if not, then analogical reasoning based on the agreed-upon sayings of the general Salaf. It is not permissible to speak without analogical reasoning if all these evidences are absent.
And for those for whom analogical reasoning is permissible, if there is a difference in analogical reasoning and ijtihad among them, each should act according to his own ijtihad; it is not permissible to act upon another’s ijtihad.
He further said: The proof is in the Book and Sunnah and the reports of the Companions. It is in the consensus of the Muslims’ sayings. If not, then analogical reasoning based on the mentioned proofs is also proof.
He also said: Only that which is established from the Book and Sunnah or the proven reports from the Companions or consensus will be accepted.
He further said: There is no excuse for not following the rulings found in the Book and Sunnah. In any case, following them is obligatory. If not found in the Book and Sunnah, then the consensus sayings of the Companions will be taken. If there is no consensus, then following Abu Bakr, Umar, and Uthman, may Allah be pleased with them, is most preferable for us.
He further said: We have found the method of the Imams to be that when they had to say something, they would ask people about the knowledge of the Book and Sunnah. If they found a report contrary to their own opinion, they would accept the report of the Book and Sunnah. Due to their piety, they would refer to the Book and Sunnah and would not reject it. If we do not find the research of the Imams, then due to the high status of the Companions, their sayings will be taken. Following the Companions is preferable to following later people. There are several levels of knowledge:
First level:
The Book and authentic Sunnah.
Second level:
Consensus where the Book and Sunnah are not found.
Third level:
The saying of a Companion if there is no opposition to it.
Fourth level:
Various sayings and opinions of the Companions.
Fifth level:
Analogical reasoning, provided it is based on the aforementioned levels.
But remember, it is not permissible to take any other evidence while the Book and Sunnah exist. Despite this, Imam Shafi’i, may Allah have mercy on him, used analogical reasoning in cases of necessity and emergency. He said that we will decide by consensus, then by analogical reasoning. This attribution of consensus to analogical reasoning is a very weak proof but is for emergency situations. It is not permissible to use analogical reasoning in the presence of a report (hadith), just as tayammum (dry ablution) is not permissible when water is available. Similarly, proofs after the Sunnah of the Prophet, peace be upon him, will only be proof when the Sunnah is not found.
Sayings:
1 : Imam Shafi’i, may Allah have mercy on him, said: When I say something and the command of the Messenger of Allah, peace be upon him, is against my statement, then know that only that which is authentically attributed to the Messenger of Allah, peace be upon him, is worthy of following. Therefore, do not imitate me.
2 : «قال الشافعي : إذا قلت قولا وكان النبى قال خلاف قولي فما يصح من حديث النبى أولى فلا تقلدوني »
“Imam Shafi’i, may Allah have mercy on him, said: When I explain an issue and the Messenger of Allah, peace be upon him, has spoken against my statement, then the issue established by hadith is superior. So do not imitate me.”
3 :«إنه كان يقول إذا صح الحديث فهو مذبسبي إذا رأيتم كلامي يخالف الحديث فاعملوا بالحديث واضربوا بكلامي الحائط»
“Imam Shafi’i, may Allah have mercy on him, used to say: When an authentic hadith is found, then know that my madhhab is that (and) when you see my statement contradicting hadith, (beware) act upon the hadith and disregard my statement.”
Imam Shafi’i, may Allah have mercy on him, said in the presence of Imam Ahmad:
4 : «أنتم أعلم بالحديث والرجال مني ، فإذا كان الحديث الصحيح فا علموني به أى شيء يكون كوفيا أو بصريا أو شاميا حتى أذهب إليه»
“You have more knowledge regarding hadith and narrators attributed to me. Therefore, according to your research, whenever a hadith is authentic, inform me as well whether it is Kufan, Basran, or Shammi, so that in case the hadith is authentic, I may also act accordingly.”
You used to say this much:
5 : «إذا رأيتموني أقول قولا وقد صح عن النبى خلافه، فاعلموا أن عقلي قد ذهب»
“When you see that I am saying something and it is proven against the Prophet, peace be upon him, then know that my intellect has failed.”
Imam Shafi’i, may Allah have mercy on him, also said:
6 : «كل ما قلت فكان عن النبى خلاف قولي مما يصم فحديث النبى أولى فلا تقلدوني»
“Every statement of mine which is proven against by an authentic command of the Prophet, peace be upon him, do not imitate me but act upon the command of the Prophet, peace be upon him.”
Imam Shafi’i says:
7 :«أجمع المسلمون على أن من استبان له سنة عن رسول الله لم يحل له أن تدعها لقول احد»
“Muslims are unanimous that when the Sunnah of the Messenger of Allah, peace be upon him, becomes clear before someone, it is not permissible for him to abandon the Sunnah of the Messenger, peace be upon him, due to anyone’s statement.”
8 : كل العلوم سوى القرآن مشغلة
إلا الحديث وإلا الفقه فى الدين
العلم ما كان فيه قال حدثنا
وسوى ذاك من وسواس الشياطين
“Besides the Quran, hadith, and jurisprudence in religion, all other sciences are distractions and occupations. Knowledge is that in which it is known that so-and-so narrated this hadith; otherwise, they are only satanic whispers.”
9 : Imam Shafi’i, may Allah have mercy on him, said:
“Sometimes the Sunnah of the Messenger of Allah may remain hidden from a person, so when I say something or state a principle and it contradicts the command of the Messenger of Allah, peace be upon him, then accept the command of the Messenger of Allah, peace be upon him; that is my statement.”
10 : Imam Shafi’i, may Allah have mercy on him, said:
«ففرض الله على الناس اتباع وحبه وسنن رسوله »
“Allah Almighty has made it obligatory upon people to follow His revelation and the Sunnah of His Messenger.”
11 : Imam Shafi’i, may Allah have mercy on him, said:
«كل ما قلت وكان عن النبى صلى الله عليه وسلم خلاف قولىٰ مما يصح فحديث النبى صلى الله عليه وسلم أولى، ولا تقلدوني»
“Every statement of mine which contradicts an authentic hadith of the Prophet, peace be upon him, leave it; therefore, the hadith of the Prophet, peace be upon him, is most worthy of following, so do not imitate me.”
12 : Imam Muzani, may Allah have mercy on him, said:
«اختصرت هذا الكتاب من علم محمد بن إدرئيس الشافعي رحمه الله ومن معنى قوله لأقربه على من أراده مع اعلامية نهيه عن تقليده وتقليد غيره، لينظر فيه لحديثه ويحتاط فيه لنفسه»
“I have summarized this book (Imam) Muhammad ibn Idris al-Shafi’i’s knowledge so that whoever wants to understand it may do so easily. Along with this, I declare that Imam Shafi’i forbade his own imitation and that of others so that a person may keep his religion in view and take precaution for himself.”
Imam Ahmad bin Hanbal, may Allah have mercy on him (died 241 AH):
Principles of Jurisprudence:
Similarly, the trustworthy Imams also transmitted the principles of Imam Ahmad bin Hanbal, may Allah have mercy on him, and they continued to follow them. Athram, may Allah have mercy on him, says that among the issues and matters we heard from Ahmad bin Hanbal and also observed was that if there was a hadith on a matter, he would not take the statement of any companion or follower against it. And if he found different sayings of the Companions, may Allah be pleased with them, he would prefer and accept one of them. Likewise, if neither the Sunnah of the Prophet, peace be upon him, nor the sayings of the Companions were found, he would adopt the saying of one of the followers. Like the hadith of Amr bin Shu’aib and Ibrahim al-Hijri, even if there was some weakness in the hadith, he would accept it if no stronger hadith was found. Similarly, if there was no hadith against a mursal hadith, he would accept it.
Abu Muhammad Rizq Allah Tamimi, mentioning the principles of Imam Ahmad, wrote that Imam Ahmad, may Allah have mercy on him, said that the rulings of Shariah and those matters in which apparent knowledge does not intervene have five fundamental principles:
First principle:
It is the Book of Allah. And he used to recite this verse:
مَّا فَرَّطْنَا فِي الْكِتَابِ مِن شَيْءٍ
“We have not left out anything in the Book.”
Second principle:
It is the Sunnah of the Messenger of Allah, peace be upon him. As evidence, he used to recite this verse:
فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ
“If you differ in anything, refer it back to Allah and the Messenger.”
Referring back to the Messenger of Allah, peace be upon him, after his death means referring to his Sunnah. He also narrated the hadith of عليكم بسنتي and used to recite this verse:
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا
“Whatever the Messenger gives you, take it, and whatever he forbids you, abstain from it.”
Third principle:
It is the consensus of the scholars of any era, provided they do not differ among themselves. If even one scholar disagrees, consensus is not established. One form of consensus is when a saying is famous among some scholars, others know of it, but no one denies it.
The first level of consensus is that of the Companions, may Allah be pleased with them, and later generations must follow it.
Fourth principle:
It is the saying of a single Companion that is well-known among people and no Companion has rejected it.
Fifth principle:
It is analogy (Qiyas).
The definition of analogy is: if the ruling of a matter is established, then the ruling is applied to another similar matter based on a common cause, and if there is no common cause between the two matters, analogy is not permissible.
The Imam, may Allah have mercy on him, considered such analogy permissible but regarded analogy as a necessity, like eating dead meat or performing tayammum with dust when water is not available.
Allama Ibn Qayyim, may Allah have mercy on him, explaining the principles of Imam Ahmad, says that the foundation of his fatwas was based on five principles and rules:
First rule:
There are texts. He gave fatwas according to the texts and did not pay attention to anything against them. He did not prefer anyone’s opinion, reasoning, analogy, the saying of a Companion, or even the claim of consensus that many scholars preferred over authentic hadith. In fact, Imam Ahmad used to reject those who claimed such consensus. He did not consider it permissible to prefer such consensus over hadith.
Second rule:
There are fatwas of the Companions. If a Companion’s fatwa existed and no other Companion opposed it, he would not abandon that fatwa. In fact, he did not call such a saying consensus but said that he was unaware of any opposing fatwa.
Third rule:
In matters where the Companions differed, he adopted the one closest to the Book and Sunnah but did not go beyond the sayings of the Companions. If the preference of any saying was not apparent to him, he would mention all the sayings without adopting any one.
Imam Ahmad, may Allah have mercy on him, was asked: If a person in a town asks about a matter on which people differ, what should he do? He said: Give a fatwa in accordance with the Book and Sunnah and do not give a fatwa that contradicts the Book and Sunnah. It was asked: Is there no fear in this? He said: No.
Fourth rule:
To use mursal and weak hadith as evidence, provided no other hadith contradicts it. He preferred such hadith over analogy. However, weak does not mean false or fabricated hadith, nor does it mean a hadith whose chain contains a narrator accused of lying, from whom it is not permissible to derive rulings. Rather, weak hadith means hadith of the grade Hasan. If no saying of a Companion or consensus contradicts it, acting upon such weak hadith is better than acting upon analogy.
Allama Ibn Qayyim, may Allah have mercy on him, says: All the great Imams agree with Imam Ahmad on this view. Then Ibn Qayyim mentioned several issues from Imam Abu Hanifa, Shafi’i, and Malik, may Allah have mercy on them, in which they used weak hadith as evidence.
Fifth rule:
If the Imam did not have any text from the Book and Sunnah, nor the saying of a Companion or a mursal or weak hadith on a matter, then he used analogy as a necessity. In the narration of Abu al-Harith, the Imam said that there is no need for opinion and analogy; everything is in the hadith. In the narration of Maymuni, he said that the one who speaks about jurisprudence is far from opinion and analogy.
These five principles and rules were the basis and foundation of his fatwas. Sometimes he would refrain from giving a fatwa when the evidences were contradictory, or the Companions differed, or he could not find a fatwa from a Companion or follower on the matter, or there was no effect of the Salaf on the issue. In such cases, he considered giving a fatwa very difficult and strictly forbade giving a fatwa. As he told some of his students: If no Imam before you has given a fatwa on a matter, then do not speak on it at all.
Sayings:
1 :«لا تقلدني ولا تقلد مالكا ولا الشافعي ولا الأوزاعي ولا التورئ وخذ من حيث أخذوا من الكتاب والسنة»
“Never follow me, nor Imam Malik, may Allah have mercy on him, nor Imam Shafi’i, may Allah have mercy on him, nor Imam Awza’i, may Allah have mercy on him, nor Imam Thawri, may Allah have mercy on him, nor anyone else besides them; take rulings from the Book and Sunnah from where they took them.”
2 : Imam Ahmad bin Hanbal, may Allah have mercy on him, used to say:
« عجبت لقوم عرفوا الإسناد وصحته يذهبون إلى ر أى سفيان والله يقول: ﴿فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَن تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ﴾
(24-النور:63) Do you know what fitnah is? Fitnah is polytheism; perhaps when someone rejects part of a statement, something of deviation enters his heart and he perishes.”
I am amazed at those people who know the chains of narration and their authenticity, yet they turn to Sufyan, may Allah have mercy on him, despite the fact that Allah Almighty says:
فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَن تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ
“Listen, O you who oppose the Messenger, lest a severe punishment befall you or a painful torment come upon you.”
3 : Imam Ahmad bin Hanbal, may Allah have mercy on him, said:
«من رد حديث رسول الله فهو على شفا هلكة »
“Whoever rejects the hadith of the Messenger of Allah, peace be upon him, is on the brink of destruction and ruin.”
5 : Imam Abu Dawood As-Sijistani, may Allah have mercy on him, said:
I asked Imam Ahmad: Is Imam Awza’i more adherent to the Sunnah than Imam Malik? He replied:
«لا تقلد دينك أحدا من هؤلاء الخ»
“Do not follow any one of them in your religion. End.”
6 : Imam Ahmad said:
«ليس لأحد مع الله ورسوله كلام»
“No one’s speech holds any truth in comparison to Allah and His Messenger.”
7 : Awza’i, Malik, and Abu Hanifa’s opinions are just opinions; in my view, their status is equal in not being proof or evidence, and the only proof and evidence are the ahadith and athar.
