Sunday 30 January 2011

What to do when faced with an issue for which you do not know the religious ruling?


What is the best course of action for one who is faced with an issue for which he does not know the religious ruling and there is no one available to guide him?

Uyun akhar ar redha:

حدثنا علي بن أحمد بن عبد الله بن أحمد بن أبي عبد الله البرقيو محمد بن موسى البرقي و محمد بن علي ماجيلويه و محمد بن علي بن هاشم و علي بنعيسى المجاور رضي الله عنهم قالوا حدثنا علي بن محمد بن ماجيلويه عن أحمد بن محمدبن خالد عن أحمد بن محمد السياري عن علي بن أسباط قال قلت للرضا ( ع ) يحدث الأمر لاأجد بدا من معرفته و ليس في البلد الذي أنا فيه أحد أستفتيه من مواليك قال فقالايت فقيه البلد فاستفته في أمرك فإذا أفتاك بشي‏ء فخذ بخلافه فإن الحق فيه


Told Ali b. Ahmad b. 'Abdullah b. Ahmad b. Ahmad b. Abi 'Abullah al Barqio Muhammad b. Musa al Barqi and Muhammad b. Ali Majiloyeh and Muhammad b. Ali b. Hashim and Ali Bina'see al Majaawar radhi Allah Anhum said "Told Ali b. Muhmmad b. Majiloyeh from Ahmed b. Muhammad b. Khalid from Ahmed b. Muhammad al Sayyari from Ali b. Asbaat said to Imam ar Redha(as) "Sometimes an issue/affair occurs and I don't have recognition/knowledge(of its ruling) and in the town I live there's no mawali(of ahlul bayt) who I can ask." Imam(as) replied "Ask the fatwa from the town's faqih(i.e. the town's non shia mufti) about the issue and whatever fatwa he gives do the opposite for haq(truth) is in it(i.e doing opposite of the mufti's fatwa)."

11 comments:

  1. Salam
    Can you please give a complete reference for this?
    I need to show it to someone

    ReplyDelete
  2. Walaykum assalam Qasim,

    This hadith is from Uyun akhbar ar redha (by Shaikh Sadooq), vol 1, chapter 28, p 275, hadith no. 10. You can find it here:
    http://www.al-shia.org/html/ara/books/lib-hadis/auon_reza01/a19.htm

    Just to let you know, this hadith can also be found in Illal ul sharai (by Shaikh Sadooq), vol 2, chapter 315, p. 531-532, here:
    http://www.yasoob.com/books/htm1/m012/09/no0996.html

    ReplyDelete
  3. so, this tradition goes against of Taqleed?

    and if this mufti tells according to the QURAN o SUNNAH??

    ReplyDelete
  4. Salam anonymous,

    This tradition doesn't exactly go against taqlid(although there aren't any authentic traditions which call for it either), but this one is basically telling us to do the opposite of what the mukhalif/aami(SUNNI) mufti says. And if you know the ruling is as per qur'an and sunnah, then why would you go to that mufti in the first place.

    BTW, you may want to read this post which has a hadith which orders us that we must do opposite to the sunnis/wahabis:
    http://realtashayyu.blogspot.com/2011/02/doing-opposite-of-sunniswahabis.html

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  5. أحمد بن محمد السياري

    what a man you are ... one side you are saying that <<(although there aren't any authentic traditions which call for it either)

    and on the other side you yourself quoting on your BLOG traditions from أحمد بن محمد السياري

    <>

    do you know about all ruling of quran o sunnah ... definetly NO ...

    so if u will go to FAQIHI(sunni) and he tells you as per ruling of quran so what will you do????

    ReplyDelete
  6. Salam anonymous,

    First of all, about taqlid, the only explicit ahdith which tell us to follow a righteous faqih originate from tafsir askari. Besides, faqih doesn't mean marja anyway.

    Secondly, I do agree that sayyari is weak, but this hadith is backed by other ahadith. I'd already posted the link for one of them in the 4th comment. There's another very long hadith in kafi which also mentions similar, here it is(I'm only quoting the relevant part):
    ما خالف العامة ففيه الرشاد
    http://www.al-shia.org/html/ara/books/lib-hadis/al-kafi-1/03.htm#04
    (It's on page 67).
    This hadith has been graded by majlisi: موثق تلقاه الصحاب بالقبول
    (Miratul uqool, vol 1, p 221)
    As for sunni faqih telling the ruling as per Qur'an, if the issue has been explicitly stated in Qur'an then one wouldn't need to go to the sunni faqih in the first place and if it's not stated explicitly but the sunni faqih is just doing qiyas(which they always do) then that's invalid and in this case by doing the opposite of what he says we're safe since we're following hadith from the Imam(as) which tells us to do so.

    ReplyDelete
  7. The chain of the hadeeth in Al-Kaafee is weak as well because of a majhool narrator.

    Here is the chain in al-Kaafi:
    محمد بن يحيى، عن محمد بن الحسين، عن محمد بن عيسى، عن صفوان بن يحيى، عن داود بن الحصين، عن عمر بن حنظلة قال: سألت أبا عبدالله (عليه السلام)

    The majhool narrator is `Umar bin Handhalah, as per Shaheed Al-Thaanee in his book Al-Bidaayah he said Umar bin Handhalah's hadeeth are "maqbool", so Al-Majlisi took this opinion. But Al-Khoei rejects this, and says that `Umar bin Handhalah is majhool, which in fact he is majhool.

    There is no tawtheeq for `Umar bin Handhalah from any classical work on Rijaal.

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  8. @Nader: I see, so perhaps that's why Bahbudi has graded this hadith da'eef.

    We do have a whole chapter dedicated to the obligation of opposing the mukhalifeen in illal ul sharai though.

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  9. Yes, for sure. I agree with the usool (principle) of opposing the mukhaalifeen narrations. That is because of the taqiyyah that our Imaams had to employ.

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  10. What if I didn't know hoe do hajj and I went to the sunni faqih and he said I must do tawaf 7 times? Should I do it 8 times?

    What kind of nonsense is this?

    ReplyDelete
  11. @Anonymous: Salam,

    That's not what the hadith is saying. The hadith is saying if you're faced with an unknown issue and find no shia to answer it, then refer to this method (i.e. it's a last resort for emergencies), not to learn the fundamentals of religions by opposing the non shia.

    So for a pillar such as hajj, one is supposed to learn about it before he goes for it. Especially since it's obligatory to do it only once if you can afford it, one may defer it until he has learned its rules from a shia. And if one has gone for hajj and is suddenly faced with an unknown issue, it's unlikely that he'll not find any other shia there on the occasion of hajj.

    Lastly, I don't know how the opposite of the sunnis doing tawaf 7 times is to do it 8 times. A better example would be that sunnis don't do tawaf un nisa while we do. So if a shia is in doubt and asks sunni faqih about it and he says it is not wajib, then he should do it as wajib.

    Wassalam

    ReplyDelete