Tuesday 6 November 2012

Companions of the Imams were mujtahids?

In a previous post (click here), the definition of ijtehad from both the Shia and Sunni perspective was discussed. Further to that, a common claim among the supporters of ijtehad (usulis) is that the foremost companions of the Imams (as) were themselves mujtahids. This post shall examine this claim.


نصوص دروس خارج الفقه/جديد > مفاتيح عملية الاستنباط الفقهي (1)  

Dars al Kharij (advanced fiqh class of Hawza) lecture by Ayatullah Kamal al Haideri

قد يتصور البعض ـ جراء ابتلائه بشبهة مصداقية ـ بأنَّ دراسة وإتقان مفردات البحث الأصولي كافية في صيرورة الشخص فقيهاً، لكن هذا التصور محض توهم ليس إلا؛ فالاجتهاد ليس مقولة متواطئة، بل مشككة، بمعنى أنه قد يكون هناك إنسان مجتهد في زمن الشيخ الطوسي ولكن إذا أتيت به إلى مقاييس الاجتهاد في زماننا فإنه لا يعد مجتهداً بالمرة. 

وهذا ينطبق على الفقهاءالمعاصرين لزمن الأئمة (عليهم السلام)، الذين يعبّر عنهم السيد الخوئي في كتابه (التنقيح في شرح العروة الوثقى) بـ (فقهاء الأئمة [عليهم السلام]) ـ فـزرارة ليس براوي فقط، بل وفقيه أيضاً، ولكن ليس بمعنى أنه يستطيع أن يكتب علم الأصول كما كتبه الشيخ الأنصاري، أو أن يكتب فقهاً كما هو في [جواهر الكلام] للشيخ الجواهري، أو في [مستمسك العروة الوثقى] للسيد الحكيم، أو في [التنقيح في شرح العروة الوثقى] للسيد الخوئي، إنما هو ومن سواه من فقهاء ذاك العصر (فقهاءٌ) بمستوى عملية الاجتهاد التي تكشف عنها أسئلتهم التي سألوها الأئمة والأجوبة التي جاءتهم، وليس أكثر من هذا. فقهاء ليس لديهم من علم الأصول والقواعد الاجتهادية إلا روايتين أو ثلاث أو أربع روايات في باب التعارض، ورواية أو روايتين في باب الاستصحاب. 

وهذا هو بالتحديد ما عبَّر عنه الشيخ الطوسي (رحمة الله تعالى عليه) عندما تحدث قائلاً: إن أكثر الفقهاء حتى زماننا هذا كانت مسائلهم العملية تكتفي بطرح نفس النصوص الواردة في الروايات وتلتزم بها حرفياً

Some people tend to be under the impression, due to what is erroneously considered a fact, that studying and gaining perfection in the jargons of usul al fiqh is sufficient to make one a faqih (jurist), but this is a misconception and nothing else, for ijtehad is not submission/acceptance but constant skepticism/questioning, which means that if someone was a mujtahid in Shaikh Tusi's era then if he were to be judged by the standard of ijtehad in our age he would never at all be considered a mujtahid. 

And this also applies to the fuqaha (jurists) contemporary to the era of the Imams (as), who were considered fuqaha by Ayatullah Khoei in his book "Al Tanqih fi Sharh al Urwatul Wuthqa". So (for example), Zurarah was not just a narrator of ahadith, rather, he was a faqih (jurist) as well. But this does not at all mean that he was capable of writing on the topic of usul al fiqh like Shaikh Murtada al Ansari, or writing on the topic of fiqh as is written (in modern books of fiqh such as) in "Jawahirul Kalam" of Shaikh Jawahiri, "Mustamasak al Urwatul Wuthqa" by Ayatullah Sa'eed al Hakeem, or "Al Tanqih fi Sharh al Urwatul Wuthqa" by Ayatullah Khoei. The level of ijtehad of him and the other fuqaha from that age is limited to asking the Imams (as) questions and receiving the answers, nothing at all more than that. They did not have fuqaha in the field of usul al fiqh and ijtehad, all that can be seen from them in this regard are three or four ahadith on the topic of ta'arudh (ahadith explaining how to resolve apparent conflict/contradictions in ahadith) and a hadith or two on the topic of istishab. 

And this is precisely what Shaikh Tusi stated (in Al Mabsoot, Vol 1 page 21): "Indeed most of the fuqaha up until now are limited in their rulings to deducing them via ahadith itself and clinging to them (ahadith) word to word."

12 comments:

  1. If you don't like ijtehad and mujtahids then why you are going to hawza and attending mujtahids lectures?? Isnt this contradictory??

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  2. I don't think his idiot has ever been to hawza, he probably just reads books by himself and now thinks he's a scholar, even better than our mujtahids.

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  3. ^^^If you don't agree with bhooka then u should try to refute him academically. Don't resort to ad hominem attacks.

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  4. Do you have a problem reading quotes from our books and reading words of scholars?

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  5. Murtada

    I respect scholars, much more than bhooka, and don't have any problem reading their books. But don't try to divert the topic to defend your friend bhooka. It's obvious why me and majority of shias, except for his handful of followers, hate him. Because it is clear that his agenda is not just to "quote" books and scholars to spread knowledge, but his actual aim is to mock and belittle our scholars and lessen their importance in front of impressionable young shias.

    In this post also, like all his other posts, he has tried to prove our scholars wrong. In case you don't know, bhooka was banned from shiachat (which is the largest shia website), it is well known to most shias that he only tries to deviate and misguide people.

    I am certain that he receives funding from western govt sources because without that it would be impossible to launch such a well organised operation to destroy shiaism from inside (by fooling gullible people like you that what he's saying is from our own books and scholars, while actually bhooka takes everything out of context for his agenda and has got exposed MANY times). He is able to misguide people because our scholars in qom and najaf don't know english and can't refute his propaganda. This way he is attacking the very core of shiaism, that is our central leadership of scholars which makes us different and better than other sects. We shias are considered a strong force in the world because of our leaders, just look at iran and hezbollah!

    Wake up and stop believing this banned member of shiachat.

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  6. Shazia,

    Will you provide me an explicit instance where you claim Bhooka has tried to deviate people and your reasons why you believe that instance is an attack on our religion?

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  7. what the...Bhooka is funded by western governments!?

    Nice to know mi5 are anti-ghulu as well ;)

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  8. Shazia, how do you know Bhooka is funded by western government? Do you yourself work for western government or do you have ilme ghaib?

    Don't make false accusations on an innocent brother.

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  9. Murtada,

    I can provide MANY such examples. I can provide even more if you want.

    The najis pig bhooka insulting Bibi Fatima: http://realtashayyu.blogspot.co.uk/2012/03/fatimah-sayyedah.html

    Insulting biba fatima again: http://realtashayyu.blogspot.co.uk/2012/06/fatima-hujjah-upon-imams.html

    Bhooka insulting the Imams: http://realtashayyu.blogspot.co.uk/2012/01/akhlaq-of-infallibles-as.html

    bhooka mocking Imam Hasan: http://realtashayyu.blogspot.co.uk/2011/11/marriages-and-divorces-of-imam-hasan-as.html

    bhooka calling our marjas kuffar (nauoozubillah!): http://realtashayyu.blogspot.co.uk/2011/12/righteous-beliefs-of-our-classical.html

    Supporting taliban idea of locking women, to make us shias look bad: http://realtashayyu.blogspot.co.uk/2011/02/career-women-vs-hadith.html

    Again taliban idea, discouraging woman education: http://realtashayyu.blogspot.co.uk/2011/02/women-scholars-good-thing.html

    Telling people to not pay khums to marjas, to weaken our leadership: http://realtashayyu.blogspot.co.uk/2011/02/paying-khums-to-marja-obligatory.html

    Look at all the above and decide for yourself. Don't run away now! It is obvious that bhooka is an enemy of shias and attacks our religion undercover. Many times anti shia websites publish things from bhooka's blog to make us shias look bad. Wake up please!

    Ali_Hussain, please look at these lectures by shia scholar Jan Ali Shah Kazmi, he explain the plot by western govt to plant their agents (akhbaris) among us shias, who act as shias but actually want to destroy it from inside. Please watch and think about it:

    http://www.youtube.com/watch?v=o_1_9RAJ_WU

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  10. People saying so-and-so is a western agent, lives in a fairytaleworld, adeventureland or a Hollywood land, Thw west don't need some internet sheikhs to destroy islam that wouldn't even help. Lol these people conquer countries in days and kill mercilessly, I don't think they got time for this i.e. Making agents to infiltrate shia....

    The only time the west infiltrated was actually in 1920 when they used a scholar that was condemned by then big scholars, and made that scholar a big authority and it is was that who founded Taqlid, it wasn't even there before, not even Usoolis did this type of taqleed before

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  11. ^^^What drugs are you on??! So the west founded taqlid? Then what about these hadis:

    Imam-e-Zamana (AS) wrote in a tauqee: “As for events which will occur, turn to the scholars of our traditions, because they are my hujjat to you, while I am the Hujjat of Allah.”
    (Al-Ehtijaj at-Tabrasi - vol. 2 pp. 283)

    Imam Hassan Askari (AS) said: "But among the jurisprudents, whoever is pious, keeper of his faith, pursues reason independent of his own desire, and is obedient to God - it is the duty of common folk to follow him."
    (Al-Ehtijaj at-Tabrasi - vol. 2 pp. 263)


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  12. علي بن إبراهيم، عن أبيه، عن ابن أبي عمير، عن محمد بن حكيم قال: قلت لابي الحسن موسى (عليه السلام): جعلت فداك فقهنا في الدين وأغنانا الله بكم عن الناس حتى أن الجماعة منا لتكون في المجلس ما يسأل رجل صاحبه تحضره المسألة و يحضره جوابها فيما من الله علينا بكم فربما
    Ali b. Ibrahim has narrated from his father from ibn Abu Umayr from Muhammad b. Hukaym who has said the following: I asked Abul Hassan Musa (imam Musa al-Kadhim a.s), May Allah take my soul in your service, Please make us Faqih, people of proper understanding in religion. Allah has granted us the blessing of your existence among us and has made us independent of other people. This blessing is so great that even if a whole group of us would come to one place no one would need to ask an other come up with a question so that the other would prepare and answer for it.

    علي بن إبراهيم، عن محمد بن عيسى بن عبيد، عن يونس بن عبدالرحمن، عن سماعة بن مهران، عن أبي الحسن موسى (عليه السلام) قال: قلت: أصلحك الله إنا نجتمع فنتذاكر ما عندنا فلا يرد علينا شئ إلا وعندنا فيه شئ مسطر وذلك مما أنعم الله به علينا بكم
    Ali b. Ibrahim has narrated from Muhammad .b. ‘Isa from Yunus b. ‘Abd al-Rahman from Sum‘a b. Mihran who has said the following: I said to Abu al-Hassan (imam Musa al-Kadhim a.s), "May Allah keep you well, in our meetings we discuss the issues and find out that for almost every thing there is something in writing with us and that is all because of the blessings of your existence among us."

    Kulayni, "al-Kafi", 1/56-57, Book of Merits of Knowledge, bab 19, hadith 9 and 13
    http://www.al-shia.org/html/ara/books/lib-hadis/al-kafi-1/03.htm#02

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