The following is a draft translation of a section of the book ‘Teyseer al wusool Ila al-Usul’ (To make understanding Usul easy) by Sheikh Ata ibn Khalil Abu al-Rishta (May Allah protect him). Please refer to the original Arabic for accurate meanings.
Islam has forbidden us from following any path other than the path of ‘Ilm (knowledge): ‘And follow not that of which you have no knowledge. Verily! The hearing, and the sight, and the heart, of each of those you will be questioned (by Allah).’ [17:36 ]
Taqleed does not bring us to any definite knowledge or preponderant view; and that is why many scholars did not allow it, except for the weak and compelled. He is the layman who does not have the tools of ijtihaad. This is what they obliged and permitted him to ask for a fatwa and imitate that.
As for the rest, the basis is they should exert the effort to deduce the Hukm, this is better to do, though it is allowed for them to make taqleed as we have clarified previously.
Those who do not have the ability for ijtihaad are of two types:
The question which arises is: If the Muqallid makes taqleed in a specific matter; is it allowed for him to make taqleed to someone else in the same matter?
The answer is that the Hukm of the Sharee’ah in respect to the muqallid is the hukm shar’i that has been deduced by the mujtahid he is making taqleed to. This means the issue is as follows:
1. When the action of the muqallid is linked to the issue (mas’alah) he has imitated, then it is not allowed for him to follow another rule, because he has bound himself to a Sharee’ah rule and acted upon it.
Definition of mas`alah (issue): what is meant by mas`alah is every action or actions, which have no more other (actions) that depend for their correctness on it (mas’alah).
As for a part of the issue, it is any action, which is necessary for the correctness of the issue, such as the shuroot (conditions) and arkaan (pillars).
Examples:
Wudu: It is actions, upon which the correctness of other than it depends. . This is because the correctness of Salah depends on wudu; and therefore wudu is not a mas`alah according to the definition, but considered a part of the salah, for it is necessary to insure the salah is correct.
Salah: It is actions upon which other things do not depend. Thus, it is a mas`alah. Anything that is necessary for the correctness of the salah is considered part of the salah, such as the pillars (arkan) and the conditions (shurut) of siHHat (correctness), like purity (tahaarah) and facing the Qiblah.
The niyyah (intention) of fasting: It is an action on which the correctness of something else depends. The correctness of the fast depends on the intention. That is why the intention (niyyah) is not a mas`alah but part of another mas`alah.
The fast (al-sawm): It is an action on which nothing else depends for its correctness. It is a mas`alah. Anything that is necessary for its correctness is considered a part of it, such as the intention (niyyah) and abstinence from food. So, if a person followed a mujtahid in salah, then he should follow all of its parts, such as wudu (ablution), bath from major impurity, Tayammum (dry ablution), facing the Qiblah and the arkaan of the Salah. If he has followed a mujtahid in fasting, then he must make taqleed in all its parts, such as the intention (niyyah) and the obligation of making it fort every day or for the whole month, is it correct to make the niyyah during the day or should it be made during the night, muftiraat (what breaks the fast) and the dispensations for breaking the fast (rukhsas). However, it is allowed to follow a mujtahid in another matter.
All of this applies as long as the person is a muqallid (a follower); but if he acquires the ability to judge the evidences and to outweigh them, in this case, it is allowed for him to leave the mujtahid he made taqleed to and follow the stronger daleel.
Arabic Source
Islam has forbidden us from following any path other than the path of ‘Ilm (knowledge): ‘And follow not that of which you have no knowledge. Verily! The hearing, and the sight, and the heart, of each of those you will be questioned (by Allah).’ [
From this it becomes clear that the basis in every matter of the Sharee’ah, whether we are ordered to do something or forbidden from a matter, is that we should arrive at knowledge of its hukm through one of the paths of knowledge. If the mukallaf (legally responsible) is unable to do that, then he is obliged to study the matter to arrive at a preponderant view in an issue.
Taqleed does not bring us to any definite knowledge or preponderant view; and that is why many scholars did not allow it, except for the weak and compelled. He is the layman who does not have the tools of ijtihaad. This is what they obliged and permitted him to ask for a fatwa and imitate that.
As for the rest, the basis is they should exert the effort to deduce the Hukm, this is better to do, though it is allowed for them to make taqleed as we have clarified previously.
Those who do not have the ability for ijtihaad are of two types:
1. The follower (muttabi’). He is the one who has knowledge of the some of the recognized disciplines in the Sharee’ah but it is not enough for him to make ijtihaad. That is why it is allowed for him to make taqleed, but with knowledge of the daleel used by the Mujtahid he follows.
2. The layman who does not have even some of the recognized disciplines in legislation, for him the fatwah of an Imam is sufficient. He can ask him for hukm and get an answer as to either it is halal or haram…
The question which arises is: If the Muqallid makes taqleed in a specific matter; is it allowed for him to make taqleed to someone else in the same matter?
The answer is that the Hukm of the Sharee’ah in respect to the muqallid is the hukm shar’i that has been deduced by the mujtahid he is making taqleed to. This means the issue is as follows:
1. When the action of the muqallid is linked to the issue (mas’alah) he has imitated, then it is not allowed for him to follow another rule, because he has bound himself to a Sharee’ah rule and acted upon it.
2- If, however, his action is not linked to that issue, then he can follow someone else.
Definition of mas`alah (issue): what is meant by mas`alah is every action or actions, which have no more other (actions) that depend for their correctness on it (mas’alah).
As for a part of the issue, it is any action, which is necessary for the correctness of the issue, such as the shuroot (conditions) and arkaan (pillars).
Examples:
Wudu: It is actions, upon which the correctness of other than it depends. . This is because the correctness of Salah depends on wudu; and therefore wudu is not a mas`alah according to the definition, but considered a part of the salah, for it is necessary to insure the salah is correct.
Salah: It is actions upon which other things do not depend. Thus, it is a mas`alah. Anything that is necessary for the correctness of the salah is considered part of the salah, such as the pillars (arkan) and the conditions (shurut) of siHHat (correctness), like purity (tahaarah) and facing the Qiblah.
The niyyah (intention) of fasting: It is an action on which the correctness of something else depends. The correctness of the fast depends on the intention. That is why the intention (niyyah) is not a mas`alah but part of another mas`alah.
The fast (al-sawm): It is an action on which nothing else depends for its correctness. It is a mas`alah. Anything that is necessary for its correctness is considered a part of it, such as the intention (niyyah) and abstinence from food. So, if a person followed a mujtahid in salah, then he should follow all of its parts, such as wudu (ablution), bath from major impurity, Tayammum (dry ablution), facing the Qiblah and the arkaan of the Salah. If he has followed a mujtahid in fasting, then he must make taqleed in all its parts, such as the intention (niyyah) and the obligation of making it fort every day or for the whole month, is it correct to make the niyyah during the day or should it be made during the night, muftiraat (what breaks the fast) and the dispensations for breaking the fast (rukhsas). However, it is allowed to follow a mujtahid in another matter.
All of this applies as long as the person is a muqallid (a follower); but if he acquires the ability to judge the evidences and to outweigh them, in this case, it is allowed for him to leave the mujtahid he made taqleed to and follow the stronger daleel.
Arabic Source
Comments
So, my question is how will I understand that I have the ability to judge the evidences and to outweigh them?
As we also acknowledge there are two types on taqleed where by a person fully commits to one particular mujtahid in all issues and second in particular issue a different mujtahid.
For person who takes a opinion of mujtahid in one mas'ala and other opinion in different issue, what is the requirement for an indiivdual to be able to select an opinion as it is required for an individual to have the necessary knowledge(tools) of how to do Qiyas and principle before he selects an opinion.
For example a person by mere reading and understanding the opinion in english or any other text is enough ? or he needs to have arabic capability to select an opinion in different issue or can he select an opinion by mere trust of scholar's reputation or knowledge .
What should be the motivation behind selecting an opinion , for people may take the opinion as pillow in pursuit of following their nafs.
Secondly: If there is a matter whihc has three different opinion haram , makrooh and mubah and a person selected for himself the opinion of mubah although he recognises the opinion whihc he follows is sunnah too and doesnt undermines the other opinions but if he was told that you should prefer taqwa over fatwa then what lies on individual.'coz as we know that the person who follows a particular opinion that opinion is the hukum shari for him and is it proper to tell that the opinion whihc he follows should judged on the basis of taqwa.And if a person who was following a mubah opinion and realises by following it he is missing a sunnah then can he change his opinion .If yes, does he needs to do tarjeeh and who can do tarjeeh of evidences ?
As I understand it, also from reading the article "Clarifying issues of taqleed", this ability is called tarjeer and you would have to be a mujtahid to be able to do that. Only a mujtahid can perform tarjeeh, which is outweighing the evidence.
There is a difference between "understanding the reasonings behind an opinion" and actually "being capable of studying the evidences from the point of their relevancy and stregths and being capable of detecting their weaknesses". Tarjeer is only related to the latter.
Understanding the reasonings behind an opinion, ie. explanations of the mujtahid, and choosing the one that makes most sense is not "outweighing", but is still taqleed.
However, this "choosing the one that makes most sense" is permitted because that is the layman who knows the sharia rules and the evidences by attending lessons on fiqh, or by reading and studying, etc. As the article says: "Another qualification is that the layman knows the shari'a rules and the evidences by attending lessons on fiqh, hadith etc. At that point he is able to distinguish between rules and their evidences. This person outweighs in taqleed according to his acquaintance with the evidence."
Please correct me if I am mistaken. Jzk!