The Four Imams did not order Anyone to follow Them blindly in All Things

The Four Imams did not order Anyone to follow Them blindly in All Things


Question :

There is a difference of opinion surrounding many matters in Fiqh between the Muslim scholars - I mean, the four Mathhabs. So what is the position of a person who belongs to one particular Mathhab, if he finds something in another Mathhab which suits him in a certain matter? For example, the Zakah payable on jewellery which is used for adornment - I follow a Mathhab which does not oblige the payment of Zakah upon it, but I hear from many other scholars that the payment of Zakah upon it is mandatory. In short, is it permissible for the Muslim to follow one Mathhab and take from the opinion of another Mathhab, bearing in mind that he has a good knowledge of matters of Islamic jurisprudence?


Answer:

There is no doubt that the Muslim intends to find the truth and act upon it when he seeks it and that the four Imams may Allah have mercy on them did not oblige anyone to follow them blindly in all things; they only informed us of their preference and what they saw as the preponderant view, and they ordered others to take the truth wherever they found it in the sayings of others. Therefore, no one is required to blindly follow the saying of a particular Imam in everything, and it is not allowed for him to follow the concessions, nor the slips and mistakes of the scholars, seeking to make things easier or following one's personal whim.

Although most of the scholars hold the view that there is no Zakah payable on jewellery, what caused them to reach this conclusion was the comparison of jewellery with items that one uses, as well as narrations from some of the Companions about not paying Zakah on it.

But in authentic Hadiths attributable to the Prophet it is confirmed that the payment of Zakah on it is obligatory, as well as the threat for those who do not pay the Zakah due upon it. This evidence is of greater weight than the Qiyas and narrations (of the Companions), therefore it is the preferred opinion of those who strive to ascertain the truth.


Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 1 Pages 374-375

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