4 Imams on Taqleed

[al-A’raaf, 7:3]
Abu Haneefah (rahimahullaah) said: “When a hadeeth is found to be saheeh, then that is my madhhab.” [Ibn ‘Aabideen in al-Haashiyah (1/63) and in his essay Rasm al-Mufti (1/4 from the Compilation of the Essays of Ibn ‘Aabideen), Shaikh Saalih al-Fulaani in Eeqaaz al-Himam (p. 62) and others. Ibn \’Aabideen quoted from Sharh al-Hidaayah by Ibn al-Shahnah al-Kabeer, the teacher of Ibn al-Humaam] “It is haram (prohibited) for someone who does not know my evidence to give fatwaa (verdicts) on the basis of my words.” Another narration adds, “… for we are mortals: we say one thing one day, and take it back the next day.” [Ibn \’Abdul Barr in Al-Intiqaa\’ fi Fadaa\’il ath-Thalaathah al-A\’immah al-Fuqahaa\’ (p. 145), Ibn al-Qayyim in I\’laam al-Mooqi\’een (2/309), Ibn \’Aabideen in his Footnoes on Al-Bahr ar-Raa\’iq (6/293) and in Rasm al-Mufti (pp. 29, 32) & Sha\’raani in Al-Meezaan (1/55) with the second narration. Similar narrations exist on the authority of Abu Haneefah\’s companions Zafar, Abu Yoosuf and \’Aafiyah ibn Yazeed; cf. Eeqaaz (p. 52). Ibn al-Qayyim firmly certified its authenticity on the authority of Abu Yoosuf in I\’laam al-Mooqi\’een (2/344).] “When I say something contradicting the Book of Allah the Exalted or what is narrated from the Messenger (saaws), then ignore my saying.” [Al-Fulaani in Eeqaaz al-Himam (p. 50), tracing it to Imaam Muhammad and then saying, \”This does not apply to the mujtahid, for he is not bound to their views anyway, but it applies to the muqallid.\”] Imaam Maalik ibn Anas (rahimahullaah) said: “Truly I am only a mortal: I make mistakes (sometimes) and I am correct (sometimes). Therefore, look into my opinions: all that agrees with the Book and the Sunnah, accept it; and all that does not agree with the Book and the Sunnah, ignore it.” [Ibn \’Abdul Barr in Jaami\’ Bayaan al-\’Ilm (2/32), Ibn Hazm, quoting from the former in Usool al-Ahkaam (6/149), and similarly Al-Fulaani (p. 72)] Imaam Shaafi’i (rahimahullaah) said: “The sunnahs of the Messenger of Allah (saaws) reach, as well as escape from, every one of us. So whenever I voice my opinion, or formulate a principle, where something contrary to my view exists on the authority of the Messenger of Allah (saaws), then the correct view is what the Messenger of Allah (saaws) has said, and it is my view.” [Related by Haakim with a continuous sanad up to Shaafi\’i, as in Taareekh Dimashq of Ibn \’Asaakir (15/1/3), I\’laam al-Mooqi\’een (2/363, 364) & Eeqaaz (p. 100).] Abu Haneefah Nu’maan ibn Thaabit, whose companions have narrated from him various sayings and diverse warnings, all of them leading to one thing: the obligation to accept the Hadeeth, and to give up following the opinions of the imaams which contradict it:
1. “When a hadeeth is found to be saheeh, then that is my madhhab.” [2]
2. “It is not permitted [Ar.: halaal] for anyone to accept our views if they do not know from where we got them.” [3]
In one narration, “It is prohibited [Ar.: haraam] for someone who does not know my evidence to give verdicts [Ar.: fatwaa] on the basis of my words.”
Another narration adds, “… for we are mortals: we say one thing one day, and take it back the next day.”
In another narration, “Woe to you, O Ya’qub! [i.e. Imaam Abu Haneefah’s illustrious student, Abu Yoosuf (rahimahullaah)] Do not write down everything you hear from me, for it happens that I hold one opinion today and reject it tomorrow, or hold one opinion tomorrow and reject it the day after tomorrow.” [4]
3. “When I say something contradicting the Book of Allaah the Exalted or what is narrated from the Messenger (sallallaahu ‘alaihi wa sallam), then ignore my saying.” [5]
These are the clear, lucid sayings of the Imaam Abu Haneefah Nu’maan ibn Thaabit, (Allaah Exalted be pleased with him) about sticking to the Hadeeth and forbidding the following of their opinion without clearly- visible evidence, such that mere opinion and interpretation is not acceptable.
Hence, whoever adhered to whatever of the Sunnah that was proved authentic, even if it opposed some of the Imaams’ sayings, he would not be conflicting with their madhhab, nor straying from their path; rather, such a person would be following all of them and would be grasping the most trustworthy hand-hold, which never breaks. However, this would not be the case with the one who abandoned any of the authentic Sunnah simply because it contradicted their views; nay, such a person would be being disobedient to them and opposing their above mentioned sayings, while Allaah says:
“But no, by Your Lord, they can have no (real) faith, until they make you judge in all disputes between them, and find in their souls no resistance against your decisions, but accept them with the fullest conviction.” [an-Nisaa’, 4:65] He also says:
“Then let those beware who withstand the Messenger’s order, lest some trial befall them or a grievous penalty be inflicted on them.”[an-Noor, 24:63]
Haafiz Ibn Rajab al-Hanbali (rahimahullaah) says: “Therefore it is obligatory on anyone who hears of a command of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) or knows it, to explain it to the Ummah, advise them sincerely, and order them to follow his command, even if it contradicts the opinion of someone great. This is because the authority of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) has the most right to be respected and followed, over and above the opinion of anyone great who has unknowingly contradicted the Messenger’s command in any matter. This is why the Companions and those after would refute anyone who contradicted the authentic Sunnah, sometimes being very stern in their refutation [6], not out of hatred for that person, for they loved and respected him, but because the Messenger of Allaah was more beloved to them, and his command was superior to the command of any other created being. Hence, when the order of the Messenger and that of someone else conflicted, the order of the Messenger would be more fitting to be enforced and followed. None of this would stop them respecting the person they had opposed because they knew that he would be forgiven [7]; in fact, the latter would not mind his instruction being opposed when the command of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) was clearly shown to be opposite.” [Quoted in the notes on Eeqaaz al-Himam (p. 93)]
Indeed, how could they mind that, when they had ordered their followers to do so, as we have seen, and had enjoined on them to abandon any of their views which contradicted the Sunnah. In fact, Imaam Shaafi’i (rahimahullaah) told his companions to attribute the authentic Sunnah to him also, even if he had not adopted it or had adopted something contradictory to it. Hence, when the analyst Ibn Daqeeq al-‘Eid (rahimahullaah) collected together, in a bulky volume, the issues in which one or more of the four Imaams’ madhhabs had contradicted the authentic hadeeth, he wrote at the beginning of it, “It is prohibited to attribute these answers to the Mujtahid Imaams, and obligatory on the jurists who follow their opinions to know of these so that they do not quote them regarding these and thus lie against them.” [Fulaani (p. 99)]

The Imaams’ Followers Leaving their Views if these Contradicted the Sunnah

Due to all that we have mentioned, the disciples of the Imaams, a number of people from those of old, and a few from those of later time [cf. al-Waaqi’ah 56:13-14], would not accept all of their Imaam’s views; they actually ignored many when they found them to be clearly against the Sunnah. Even the two Imaams, Muhammad ibn al-Hasan and Abu Yoosuf (rahimahullaah) differed from their shaikh Abu Haneefah “in about a third of the Madhhab” [8], as the books of masaa’il prove. Similarly is said about Imaam al- Muzani [9] and other followers of Shaafi’i and other Imaams; were we to start giving examples, the discussion would become exceedingly, long, and we would digress from what we set out to do in this Introduction, so we shall limit ourselves to two instances:
1) Imaam Muhammad says in his Muwatta’ [10](p. 158), “As for Abu Haneefah, he did not regard there being a prayer to ask for rain, but we hold that the imaam prays two rak’ahs and then supplicates and holds out his wrapping garment …”
2) We have ‘Isaam ibn Yoosuf al-Balkhi, one of the companions of Imaam Muhammad
To sum up: I sincerely hope that no follower of an Imaam will race to condemn the principles of this Article and abandon benefiting from the sunnahs of the Prophet (sallallaahu ‘alaihi wa sallam) which it contains, with the argument that they are contrary to his Madhhab. I hope that such a person will instead consider what we have given of the exhortations of the Imaams towards the obligation to act on the Sunnah and ignore their sayings contradictory to it. I hope also that he will realise that to condemn the attitude of this Article is to condemn whichever Imaam he is following, for we have taken these principles from those Imaams, as we have explained. Therefore, whoever refuses to be guided by them on this path is in great danger, for such refusal necessitates turning away from the Sunnah, the Sunnah to which we have been ordered to refer in cases of difference of opinion and on which we have been commanded to depend.
I ask Allaah to make us among those about whom He says,
“The answer of the believers, when summoned to Allaah and His Messenger, in order that he may judge between them, is no other than this: they say, “We hear and we obey” – it is such as these that will attain Success. It is those who obey Allaah and His Messenger, and fear Allaah, and keep their duty to Him, who will triumph.” [an-Noor] 24:51-52
FOOTNOTES:
[1] This is the sort of taqleed (blind following ) which Imaam Tahaawi was referring to when he said, “Only someone with party-spirit or a fool blindly follows opinion” – quoted by Ibn ‘Aabideen in Rasm al-Mufti (vol. 1, p. 32 from the Compilation of his Essays).
[2]
“When a hadeeth contrary to the Madhhab is found to be saheeh, one should act on the hadeeth, and make that his madhhab. Acting on the hadeeth will not invalidate the follower’s being a Hanafi, for it is authentically reported that Abu Haneefah said, ‘When a hadeeth is found to be saheeh, then that is my madhhab’, and this has been related by Imaam Ibn ‘Abdul Barr from Abu Haneefah and from other imaams.”
This is part of the completeness of the knowledge and piety of the Imaams, for they indicated by saying this that they were not versed in the whole of the Sunnah, and Imaam Shaafi’i has elucidated this thoroughly (see later). It would happen that they would contradict a sunnah because they were unaware of it, so they commanded us to stick to the Sunnah and regard it as part of their Madhhab. May Allaah shower His mercy on them all.
[3] Ibn ‘Abdul Barr in Al-Intiqaa’ fi Fadaa’il ath-Thalaathah al- A’immah al-Fuqahaa’ (p. 145), Ibn al-Qayyim in I’laam al- Mooqi’een (2/309), Ibn ‘Aabideen in his Footnotes on Al-Bahr ar-Raa’iq (6/293) and in Rasm al-Mufti (pp. 29,32) & Sha’raani in Al-Meezaan (1/55) with the second narration. The last narration was collected by ‘Abbaas ad-Dawri in At- Taareekh by Ibn Ma’een (6/77/1) with a saheeh sanad on the authority of Zafar, the student of Imaam Abu Haneefah. Similar narrations exist on the authority of Abu Haneefah’s companions Zafar, Abu Yoosuf and ‘Aafiyah ibn Yazeed; cf. Eeqaaz (p. 52). Ibn al-Qayyim firmly certified its authenticity on the authority of Abu Yoosuf in I’laam al-Mooqi’een (2/344). The addition to the second narration is referenced by the editor of Eeqaaz (p. 65) to Ibn ‘Abdul Barr, Ibn al-Qayyim and others. If this is what they say of someone who does not know their evidence, what would be their response to one who knows that the evidence contradicts their saying, but still gives verdicts opposed to the evidence?! Therefore, reflect on this saying, for it alone is enough to smash blind following of opinion; that is why one of the muqallid shaikhs, when I criticised his giving a verdict using Abu Haneefah’s words without knowing the evidence, refused to believe that it was a saying of Abu Haneefah!
[4] This was because the Imaam would often base his view on Qiyaas (Analogy), after which a more potent analogy would occur to him, or a hadeeth of the Prophet (sallallaahu ‘alaihi wa sallam) would reach him, so he would accept that and ignore his previous view. Sha’raani’s words in Al-Meezaan (1/62) are summarised as:
“Our belief, as well as that of every researcher into Imaam Abu Haneefah (radi Allaahu ‘anhu), is that, had he lived until the recording of the Sharee’ah, and the journeys of the Preservers of Hadeeth to the various cities and frontiers in order to collect and acquire it, he would have accepted it and ignored all the analogies he had employed. The amount of qiyaas in his Madhhab would have been just as little as that in other Madhhabs, but since the evidences of the Sharee’ah had been scattered with the Successors and their successors, and had not been collected in his lifetime, it was necessary that there be a lot of qiyaas in his Madhhab compared to that of other imaams. The later scholars then made their journeys to find and collect ahaadeeth from the various cities and towns and wrote them down; hence, some ahaadeeth of the Sharee’ah explained others. This is the reason behind the large amount of qiyaas in his Madhhab, whereas there was little of it in other Madhhabs.”
Abul-Hasanaat Al-Lucknowi quoted his words in full in An- Naafi’ al-Kabeer (p. 135), endorsing and expanding on it in his footnotes, so whoever wishes to consult it should do so there.
Since this is the justification for why Abu Haneefah has sometimes unintentionally contradicted the authentic ahaadeeth – and it is a perfectly acceptable reason, for Allaah does not burden a soul with more than it can bear – it is not permissible to insult him for it, as some ignorant people have done. In fact, it is obligatory to respect him, for he is one of the imaams of the Muslims through whom this Deen has been preserved and handed down to us, in all its branches; also, for he is rewarded under any circumstance: whether he is correct or wrong. Nor is it permissible for his devotees to continue sticking to those of his statements which contradict the authentic ahaadeeth, for those statements are effectively not part of his Madhhab, as the above sayings show. Hence, these are two extremes, and the truth lies in between. “Our Lord! Forgive us, and our brethren who came before us into the Faith; and leave not, in our hearts, any rancour against those who have believed. Our Lord! You are indeed Full of Kindness, Most Merciful.” (Al-Hashr 59:10)
[5] Al-Fulaani in Eeqaaz al-Himam (p. 50), tracing it to Imaam Muhammad and then saying, “This does not apply to the mujtahid, for he is not bound to their views anyway, but it applies to the muqallid.”
Sha’raani expanded on that in Al-Meezaan (1/26):
“If it is said: ‘What should I do with the ahaadeeth which my Imaam did not use, and which were found to be authentic after his death?’ The answer which is fitting for you is: ‘That you act on them, for had your Imaam come across them and found them to be authentic, he would have instructed you to act on them, because all the Imaams were captives in the hand of the Sharee’ah.’ He who does so will have gathered all the good with both his hands, but he who says, ‘I will not act according to a hadeeth unless my Imaam did so’, he will miss a great amount of benefit, as is the case with many followers of the Imaams of the Madhhabs. It would be better for them to act on every hadeeth found to be authentic after the Imaam’s time, hence implementing the will of the Imaams; for it is our firm belief about the Imaams that had they lived longer and come to know of those ahaadeeth which were found authentic after their time, they would have definitely accepted and acted according to them, ignoring any analogies they may have previously made, and any views they may have previously held.”
[6] Even against their fathers and learned men, as Tahaawi in Sharh Ma’aani al-Aathaar (1/372) & Abu Ya’laa in his Musnad (3/1317) have related, with an isnaad of trustworthy men, from Saalim ibn ‘Abdullaah ibn ‘Umar, who said:
“I was sitting with Ibn ‘Umar (radi Allaahu ‘anhu) in the mosque once, when a man from the people of Syria came to him and asked him about continuing the ‘Umrah onto the Hajj (known as Hajj Tamattu’). Ibn ‘Umar replied, ‘It is a good and beautiful thing.’ The man said, ‘But your father (i.e. ‘Umar ibn al-Khattaab) used to forbid it!’ So he said, ‘Woe to you! If my father used to forbid something which the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) practised and commanded, would you accept my father’s view, or the order of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) ?’ He replied, ‘The order of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam).’ He said, ‘So go away from me.’ Ahmad (no. 5700) related similarly, as did Tirmidhi (2/82) and declared it saheeh.
Also, Ibn ‘Asaakir (7/51/1) related from Ibn Abi Dhi’b, who said: “Sa’d ibn Ibraaheem (i.e. the son of ‘Abdur Rahmaan ibn ‘Awf) passed judgment on a man on the basis of the opinion of Rabee’ah ibn Abu ‘Abdur Rahmaan, so I informed him of the saying of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) which was contradictory to the judgment. Sa’d said to Rabee’ah, ‘We have Ibn Abi Dhi’b, whom I regard to be reliable, narrating from the Prophet (sallallaahu ‘alaihi wa sallam) contrary to what I ruled.’ Rabee’ah said to him, ‘You have made your effort, and your judgment has been passed.’ Sa’d said, ‘Most amazing! I enforce the decree of Sa’d, and not the decree of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam)! No, I shall withdraw the decree of Sa’d, son of the mother of Sa’d, and enforce the decree of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam).’ So Sa’d called for the written decree, tore it up and gave a new verdict.”
[7] In fact, he would be rewarded, because of the Prophet’s saying (sallallaahu ‘alaihi wa sallam): “When a judge passes judgment, if he makes his effort (ijtihaad) and rules correctly, he will have two rewards; if he makes his effort (ijtihaad) and rules wrongly, he will have one reward.” (Related by Bukhaari, Muslim & others.)
[8] Ibn ‘Aabideen in Haashiyah (1/62), & Lucknowi gave its source in an-Naafi’ al-Kabeer (p. 93) as Ghazaali .
[9] He himself says at the beginning of his Concise Shaafi’i Fiqh (printed in the margin of Imaam Shaafi’i’s Al-Umm): “This book is a selection from the knowledge of Muhammad ibn Idrees al-Shaafi’i (rahimahullaah) and from the meanings of his sayings, to aid the understanding of whoever wants it, knowing of his forbidding the following of his, or anyone else’s, opinion, so that such a person may carefully look for his Deen in it.”
[10] In which he has explained his opposing his Imaam in about twenty masaa’il (nos. 42, 44, 103, 120, 158, 169, 172, 173, 228, 230, 240, 244, 274, 275, 284, 314, 331, 338, 355, 356 – from Ta’leeq al-Mumajjid ‘alaa Muwatta’ Muhammad (Important Notes on Muhammad’s Muwatta’)
[11] Ibn ‘Aabideen mentioned him among them in Haashiyah (1/74) & in Rasm al-Mufti (1/17). Qurashi mentioned him in Al- Jawaahir al-Madiyyah fi Tabaqaat al-Hanafiyyah (p. 347) and said, “He was a reliable transmitter of Hadeeth. He and his brother Ibraaheem were the two shaikhs of Balakh of their time.”
[12] Al-Fawaa’id al-Bahiyyah fi Taraajum al-Hanafiyyah (p. 116)
[13] Al-Bahr ar-Raa’iq (6/93) & Rasm al-Mufti (1/28).
[14]Al-Fawaa’id … (p. 116); the author then added a useful note: “From this can be deduced the falsity of Makhool’s narration from Abu Haneefah: ‘that he who raises his hands during Prayer, his Prayer is ruined’, by which Ameer, the scribe of Itqaani, was deceived, as has been mentioned under his biography. ‘Isaam ibn Yoosuf, a companion of Abu Yoosuf, used to raise his hands, so if the above-mentioned narration had any foundation, Abu Yoosuf and ‘Isaam would have known about it … It can also be deduced that if a Hanafi ignored the madhhab of his Imaam in an issue due to the strength of the evidence against it, this would not take him outside the ranks of the Imaam’s followers, but this would in fact be proper taqleed in the guise of leaving taqleed; do you not see that ‘Isaam ibn Yoosuf left Abu Haneefah’s madhhab of not raising the hands, but he is stil counted as a Hanafi?… To Allaah I complain of the ignorance of our time, when they insult anyone who does not follow his Imaam in an issue because of the strength of evidence against it, and expel him from the fold of that Imaam’s followers! This is not surprising when those who do this are from the ordinary masses, but it is amazing when it comes from those who imitate men of learning but plod along that path like cattle!”

IMAAM MAALIK IBN ANAS (Rahimahullaah)

Sayings of the Imaam Regarding Following the Sunnah and Ignoring their Views Contradictory To It
It would be beneficial if we gave some of these here, for perhaps this will admonish or remind those who follow the opinion of the Imaams – nay, of those far below the Imaams in rank – blindly, sticking to their madhhabs or views as if these had descended from the heavens! But Allaah, Mighty and Sublime, says:
“Follow (O men!) the revelation given to you from your Lord, and follow not, as friends and protectors, other than Him. Little is it you remember of admonition.”
As for Imaam Maalik ibn Anas, he said:
1. “Truly I am only a mortal: I make mistakes (sometimes) and I am correct (sometimes). Therefore, look into my opinions: all that agrees with the Book and the Sunnah, accept it; and all that does not agree with the Book and the Sunnah, ignore it.”
2. “Everyone after the Prophet (sallallaahu ‘alaihi wa sallam) will have his sayings accepted and rejected – not so the Prophet (sallallaahu ‘alaihi wa sallam).” [1]
3. Ibn Wahb said: “I heard Maalik being asked about cleaning between the toes during ablution. He said, ‘The people do not have to do that.’ I did not approach him until the crowd had lessened, when I said to him, ‘We know of a sunnah about that.’ He said, ‘What is that ?’ I said, ‘Laith ibn Sa’d, Ibn Lahee’ah and ‘Amr ibn al-Haarith narrated to us from Yazeed ibn ‘Amr al-Ma’aafiri from Abu ‘Abdur-Rahman al-Hubuli from Mustawrid ibn Shaddaad al-Qurashi who said, ‘I saw the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) rubbing between his toes with his little finger.’ He said, ‘This hadeeth is sound; I had not heard of it at all until now.’ Afterwards, I heard him being asked about the same thing, on which he ordered cleaning between the toes.”
These are the clear, lucid sayings of the Imaam Maalik (Allaah Exalted be pleased with him) about sticking to the Hadeeth and forbidding the following of their opinion without clearly- visible evidence, such that mere opinion and interpretation is not acceptable.
Hence, whoever adhered to whatever of the Sunnah that was proved authentic, even if it opposed some of the Imaams’ sayings, he would not be conflicting with their madhhab, nor straying from their path; rather, such a person would be following all of them and would be grasping the most trustworthy hand-hold, which never breaks. However, this would not be the case with the one who abandoned any of the authentic Sunnah simply because it contradicted their views; nay, such a person would be being disobedient to them and opposing their above mentioned sayings, while Allaah says:
“But no, by Your Lord, they can have no (real) faith, until they make you judge in all disputes between them, and find in their souls no resistance against your decisions, but accept them with the fullest conviction.”[an-Nisaa’, 4:65]He also says:
“Then let those beware who withstand the Messenger’s order, lest some trial befall them or a grievous penalty be inflicted on them.”[an-Noor, 24:63]
Haafiz Ibn Rajab al-Hanbali (rahimahullaah) says: “Therefore it is obligatory on anyone who hears of a command of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) or knows it, to explain it to the Ummah, advise them sincerely, and order them to follow his command, even if it contradicts the opinion of someone great. This is because the authority of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) has the most right to be respected and followed, over and above the opinion of anyone great who has unknowingly contradicted the Messenger’s command in any matter. This is why the Companions and those after would refute anyone who contradicted the authentic Sunnah, sometimes being very stern in their refutation [2], not out of hatred for that person, for they loved and respected him, but because the Messenger of Allaah was more beloved to them, and his command was superior to the command of any other created being. Hence, when the order of the Messenger and that of someone else conflicted, the order of the Messenger would be more fitting to be enforced and followed. None of this would stop them respecting the person they had opposed because they knew that he would be forgiven [3]; in fact, the latter would not mind his instruction being opposed when the command of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) was clearly shown to be opposite.” [Quoted in the notes on Eeqaaz al-Himam (p. 93)]
Indeed, how could they mind that, when they had ordered their followers to do so, as we have seen, and had enjoined on them to abandon any of their views which contradicted the Sunnah. In fact, Imaam Shaafi’i (rahimahullaah) told his companions to attribute the authentic Sunnah to him also, even if he had not adopted it or had adopted something contradictory to it. Hence, when the analyst Ibn Daqeeq al-‘Eid (rahimahullaah) collected together, in a bulky volume, the issues in which one or more of the four Imaams’ madhhabs had contradicted the authentic hadeeth, he wrote at the beginning of it, “It is prohibited to attribute these answers to the Mujtahid Imaams, and obligatory on the jurists who follow their opinions to know of these so that they do not quote them regarding these and thus lie against them.” [Fulaani (p. 99)]

The Imaams’ Followers Leaving their Views if these Contradicted the Sunnah

Due to all that we have mentioned, the disciples of the Imaams, a number of people from those of old, and a few from those of later time [cf. al-Waaqi’ah 56:13-14], would not accept all of their Imaam’s views; they actually ignored many when they found them to be clearly against the Sunnah. Even the two Imaams, Muhammad ibn al-Hasan and Abu Yoosuf (rahimahullaah) differed from their shaikh Abu Haneefah “in about a third of the Madhhab” [4], as the books of masaa’il prove. Similarly is said about Imaam al- Muzani [5] and other followers of Shaafi’i and other Imaams; were we to start giving examples, the discussion would become exceedingly, long, and we would digress from what we set out to do in this Introduction, so we shall limit ourselves to two instances:
1) Imaam Muhammad says in his Muwatta’ [6](p. 158), “As for Abu Haneefah, he did not regard there being a prayer to ask for rain, but we hold that the imaam prays two rak’ahs and then supplicates and holds out his wrapping garment …”
2) We have ‘Isaam ibn Yoosuf al-Balkhi, one of the companions of Imaam Muhammad
To sum up: I sincerely hope that no follower of an Imaam will race to condemn the principles of this Article and abandon benefiting from the sunnahs of the Prophet (sallallaahu ‘alaihi wa sallam) which it contains, with the argument that they are contrary to his Madhhab. I hope that such a person will instead consider what we have given of the exhortations of the Imaams towards the obligation to act on the Sunnah and ignore their sayings contradictory to it. I hope also that he will realise that to condemn the attitude of this Article is to condemn whichever Imaam he is following, for we have taken these principles from those Imaams, as we have explained. Therefore, whoever refuses to be guided by them on this path is in great danger, for such refusal necessitates turning away from the Sunnah, the Sunnah to which we have been ordered to refer in cases of difference of opinion and on which we have been commanded to depend.
I ask Allaah to make us among those about whom He says,
“The answer of the believers, when summoned to Allaah and His Messenger, in order that he may judge between them, is no other than this: they say, “We hear and we obey” – it is such as these that will attain Success. It is those who obey Allaah and His Messenger, and fear Allaah, and keep their duty to Him, who will triumph.” [an-Noor] 24:51-52
[1] This is well known among the later scholars to be a saying of Maalik. Ibn ‘Abdul Haadi declared it saheeh in Irshaad as- Saalik (227/1); Ibn ‘Abdul Barr in Jaami’ Bayaan al-‘Ilm (2/91) & Ibn Hazm in Usool al-Ahkaam (6/145, 179) had narrated it as a saying of Al-Hakam ibn ‘Utaibah and Mujaahid; Taqi ad- Deen as-Subki gave it, delighted with its beauty, in al- Fataawaa (1/148) as a saying of Ibn ‘Abbaas, and then said: “These words were originally those of Ibn ‘Abbaas and Mujaahid, from whom Maalik (radi Allaahu ‘anhu) took them, and he became famous for them.” It seems that Imaam Ahmad then took this saying from them, as Abu Daawood has said in Masaa’il of Imaam Ahmad (p. 276): “I heard Ahmad say, ‘Everyone is accepted and rejected in his opinions, with the exception of the Prophet (sallallaahu ‘alaihi wa sallam)’.”
[2] Even against their fathers and learned men, as Tahaawi in Sharh Ma’aani al-Aathaar (1/372) & Abu Ya’laa in his Musnad (3/1317) have related, with an isnaad of trustworthy men, from Saalim ibn ‘Abdullaah ibn ‘Umar, who said:
“I was sitting with Ibn ‘Umar (radi Allaahu ‘anhu) in the mosque once, when a man from the people of Syria came to him and asked him about continuing the ‘Umrah onto the Hajj (known as Hajj Tamattu’). Ibn ‘Umar replied, ‘It is a good and beautiful thing.’ The man said, ‘But your father (i.e. ‘Umar ibn al-Khattaab) used to forbid it!’ So he said, ‘Woe to you! If my father used to forbid something which the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) practised and commanded, would you accept my father’s view, or the order of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) ?’ He replied, ‘The order of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam).’ He said, ‘So go away from me.’ Ahmad (no. 5700) related similarly, as did Tirmidhi (2/82) and declared it saheeh.
Also, Ibn ‘Asaakir (7/51/1) related from Ibn Abi Dhi’b, who said: “Sa’d ibn Ibraaheem (i.e. the son of ‘Abdur Rahmaan ibn ‘Awf) passed judgment on a man on the basis of the opinion of Rabee’ah ibn Abu ‘Abdur Rahmaan, so I informed him of the saying of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam) which was contradictory to the judgment. Sa’d said to Rabee’ah, ‘We have Ibn Abi Dhi’b, whom I regard to be reliable, narrating from the Prophet (sallallaahu ‘alaihi wa sallam) contrary to what I ruled.’ Rabee’ah said to him, ‘You have made your effort, and your judgment has been passed.’ Sa’d said, ‘Most amazing! I enforce the decree of Sa’d, and not the decree of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam)! No, I shall withdraw the decree of Sa’d, son of the mother of Sa’d, and enforce the decree of the Messenger of Allaah (sallallaahu ‘alaihi wa sallam).’ So Sa’d called for the written decree, tore it up and gave a new verdict.”
[3] In fact, he would be rewarded, because of the Prophet’s saying (sallallaahu ‘alaihi wa sallam): “When a judge passes judgment, if he makes his effort (ijtihaad) and rules correctly, he will have two rewards; if he makes his effort (ijtihaad) and rules wrongly, he will have one reward.” (Related by Bukhaari, Muslim & others.)
[4] Ibn ‘Aabideen in Haashiyah (1/62), & Lucknowi gave its source in an-Naafi’ al-Kabeer (p. 93) as Ghazaali .
[5] He himself says at the beginning of his Concise Shaafi’i Fiqh (printed in the margin of Imaam Shaafi’i’s Al-Umm): “This book is a selection from the knowledge of Muhammad ibn Idrees al-Shaafi’i (rahimahullaah) and from the meanings of his sayings, to aid the understanding of whoever wants it, knowing of his forbidding the following of his, or anyone else’s, opinion, so that such a person may carefully look for his Deen in it.”
[6] In which he has explained his opposing his Imaam in about twenty masaa’il (nos. 42, 44, 103, 120, 158, 169, 172, 173, 228, 230, 240, 244, 274, 275, 284, 314, 331, 338, 355, 356 – from Ta’leeq al-Mumajjid ‘alaa Muwatta’ Muhammad (Important Notes on Muhammad’s Muwatta’)
[7] Ibn ‘Aabideen mentioned him among them in Haashiyah (1/74) & in Rasm al-Mufti (1/17). Qurashi mentioned him in Al- Jawaahir al-Madiyyah fi Tabaqaat al-Hanafiyyah (p. 347) and said, “He was a reliable transmitter of Hadeeth. He and his brother Ibraaheem were the two shaikhs of Balakh of their time.”
[8] Al-Fawaa’id al-Bahiyyah fi Taraajum al-Hanafiyyah (p. 116)
[9] Al-Bahr ar-Raa’iq (6/93) & Rasm al-Mufti (1/28).
[10]Al-Fawaa’id … (p. 116); the author then added a useful note: “From this can be deduced the falsity of Makhool’s narration from Abu Haneefah: ‘that he who raises his hands during Prayer, his Prayer is ruined’, by which Ameer, the scribe of Itqaani, was deceived, as has been mentioned under his biography. ‘Isaam ibn Yoosuf, a companion of Abu Yoosuf, used to raise his hands, so if the above-mentioned narration had any foundation, Abu Yoosuf and ‘Isaam would have known about it … It can also be deduced that if a Hanafi ignored the madhhab of his Imaam in an issue due to the strength of the evidence against it, this would not take him outside the ranks of the Imaam’s followers, but this would in fact be proper taqleed in the guise of leaving taqleed; do you not see that ‘Isaam ibn Yoosuf left Abu Haneefah’s madhhab of not raising the hands, but he is stil counted as a Hanafi?… To Allaah I complain of the ignorance of our time, when they insult anyone who does not follow his Imaam in an issue because of the strength of evidence against it, and expel him from the fold of that Imaam’s followers! This is not surprising when those who do this are from the ordinary masses, but it is amazing when it comes from those who imitate men of learning but plod along that path like cattle!”