The Predecessors’ Caution: The Weight of Issuing a Fatwā

Imām Nawāwī, in the introduction of Sharḥ al-Muhadhdhab mentions:

Know that issuing a fatwā is a weighty responsibility, accompanied with both danger and great virtue. This is because Muftīs are inheritors of the Prophets and bear the burden of this task. While issuing a fatwā is a farḍh al-kifāyah (collective obligation), it also exposes the Muftī to significant risks. This is why scholars refer to issuing a fatwa as “signing on behalf of Allāh.”

A Mufti must be acutely aware of the gravity of issuing a fatwā. This role transcends personal opinions, rational reasoning or implementation of internal emotions. Rather, it is an explanation of the legislation of [Islāmic] laws and rulings which will guarantee their eternal success in the world and the hereafter that Allāh legislated for his slaves, in their personal lives as well as with their collective communities.

The fact that you are acting as a representative of Allāh and His Messenger when elaborating on rulings is sufficient to comprehend the gravity of this position is immense, as  you are essentially signing on behalf of the Lord of the Heavens and the Earth, the Lord of all Creation by issuing fatwā, as noted by Imām Nawāwī and Ibn al-Qayyim.

Ibn Al-Qayyim says: “If the role of serving as a signatory on behalf of earthly kings is a position of undeniable merit and notable stature—one of the highest ranks attainable—then how much greater is the position of serving as a signatory on behalf of the Lord of the Heavens and the Earth? Therefore, it is fitting for the one appointed to this position to prepare himself diligently, equip himself with absolute readiness, and fully recognise the weight of the role he has been entrusted with. He should have no hesitation in his heart to speak the truth and rule by it, for indeed, Allāh is his Helper and Guide. And why would it be otherwise? This is a position that the Lord of all Lords Himself has undertaken.

وَيَسْتَفْتُونَكَ فِى ٱلنِّسَآءِ ۖ قُلِ ٱللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَىٰ عَلَيْكُمْ فِى ٱلْكِتَـٰبِ

They ask you ˹O Prophet˺ regarding women. Say, “It is Allah Who instructs you regarding them. Instruction has ˹already˺ been revealed in the Book…

The dignity and grandeur of something is elevated beyond measure if Allāh the Almighty Himself has undertaken it.

يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَـٰلَةِ ۚ

They ask you ˹for a ruling, O  Prophet˺. Say, “Allah gives you a ruling regarding those who die without children or parents.” 

A Mufti must always be mindful of the who they are representing when issuing a fatwa. They should remember that they will be made to stand in-front of Allāh and held accountable by Allāh [for their rulings].

The Prophet ﷺ warned, “The most eager among you to issue a fatwa is the most eager among you to enter Hellfire.” This profound statement underscores the immense responsibility and potential consequences of issuing religious rulings.

There are numerous reports indicating the extreme fear and caution that the predecessors had when issuing fatwā. and their reluctance to do so whenever possible. Hereunder are a few examples:

1. Ibn ʿAbd al-Barr (may Allāh be pleased with him) records a narration that ‘Uqbah ibn Muslim (may Allāh be pleased with him) said, “I spent thirty-four months with Ibn ʿUmar. I often heard him say, ‘I do not know!’ He would turn to me and warn, ‘Do you know their intention? They seek to use our backs as a means to their path to hell-fire.’”

2. Khaṭīb al-Baghdādī (may Allāh be pleased with him) in his discussion of the importance of caution in issuing fatwas fearing making a mistake, cites the following Quranic verses:

سَتُكْتَبُ شَهَادَتُهُمْ وَيُسْأَلُونَ

Their testimony will be recorded, and they will be questioned.

لِّيَسْأَلَ الصَّادِقِينَ عَن صِدْقِهِمْ

That He may question the truthful about their truth.

مَّا يَلْفِظُ مِن قَوْلٍ إِلَّا لَدَيْهِ رَقِيبٌ عَتِيدٌ

Man does not utter any word except that with him is an observer prepared [to record].

The Companions would often avoid answering questions unless they were directly confronted with a specific situation. They trusted in Allāh’s guidance to provide the appropriate response if a situation were to arise, and every Companion would hope that another Companion would answer the fatwā.

3. Khaṭīb (may Allāh be pleased with him) has recorded with a chain of transmission from Barāʾ Ibn ʿĀzib (may Allāh be pleased with him) saying, “I have witnessed 300 Companions of Badr, every single one of whom hoped another Companion would take the responsibility of issuing fatwā.”

4. Imām ash-Shafiʿī (may Allāh be pleased with him) says, “I have not encountered anyone whom Allāh blessed with better qualifications to issue fatwas than Ibn ʿUyaynah. Despite this, he was often hesitant to do so.”

5. Sufyān Ibn ʿUyaynah (may Allāh be pleased with him) says, “The most learned scholars are often the most reserved when it comes to issuing fatwas, while those with limited knowledge are often the most eager to offer opinions.”

6. Bishr ibn al-Ḥārith (may Allāh be pleased with him) says, “Those who crave to be asked are not worthy of being asked.”

7. ʿAṭāʾ ibn as-Sāʾib (may Allāh be pleased with him) recounts, “I encountered many people who, when asked a question, would tremble as they spoke.”

8. Ashʿath (may Allāh be pleased with him) relates regarding Muhammad Ibn Sīrīn, “Ibn Sīrīn would undergo a noticeable change in complexion whenever he was asked a question about halal and haram, such that his entire demeanour would change.”

9. One of the students of Imām Mālik (may Allāh be pleased with him) remarked, “By Allāh! When Imām Mālik was asked a question, it felt as though he stood between Paradise and Hell.”

10. Muhammad al-Munkadir (may Allāh be pleased with him) says, “A scholar stands between Allāh and His creation. Therefore, one must exercise extreme caution in this role.”

11. ʿAbdullāh Ibn ʿUmar (may Allāh be pleased with them both) rebuked, “You pose questions to us as if we will not be held accountable for the fatwas we issue.”

12. Imām Abū Ḥanīfah (may Allāh be pleased with him) states, “Whoever speaks on matters of knowledge and is followed thereafter, believing that Allāh will not hold them accountable, asking them, “How did you give fatwā regarding the religion of Allāh?’’, then, his Nafs and his Dīn has become superficially easy on him.”

13. Imām Abū Ḥanīfah (may Allāh be pleased with him) also states, “Were it not for the fear of Allāh that knowledge would be lost, I would never have issued a fatwā. The ease of an issued fatwā lies with the questioner, but the consequences fall upon the one who gives it.”

14. Muhammad Ibn Wāsiʿ (may Allāh be pleased with him) states, “The jurists will be among the first to be held accountable on the Day of Judgment.”

15. Sufyān ibn ʿUyaynah (may Allāh be pleased with him) observed, “An ignorant person may be forgiven seventy times before a scholar is forgiven for a single sin.”

16. Ibn Khaldah says to Rabīʿah Ibn ʾAbī ʿAbd ar-Raḥmān (may Allāh be pleased with them both), “I see the people surrounding you. Remember, when someone asks you a question, your primary goal should not be to solve their problem. Rather, focus on safeguarding yourself from potential consequences.”

17. Imām Mālik relates from Ibn Hurmuz (may Allāh be pleased with him): Men would come to him to ask him a question, after initially providing an answer, he would send someone to call the inquirer back, saying, “I gave you a hasty response. Please do not accept my answer until you come back to me [and I provide a more considered one].”

18. Imām Mālik says, “He was known for his reluctance to issue fatwās from the scholars of Madinah.”

19. Imām Mālik (may Allāh be pleased with him) says, “An Allāh-fearing person is fundamentally different from one who is not.”

20. Imām Mālik (may Allāh be pleased with him) would also say, “If you possess knowledge, share it with others and guide them. If you are uncertain about something, remain silent. Beware of setting a negative example for the people.”

21. Abū Saʿīd ʿAbd as-Salām (may Allāh be pleased with him) – one of the leading Māliki jurists and author of the Mudawwanah, who was given the title Suḥnūn, (sharp-witted” or “keen-minded)[1] – says, “The most unfortunate of people is one who sacrifices their eternal hereafter for worldly gain. Even more unfortunate is one who sacrifices their hereafter for the worldly gain of another.”

22. Ḥāfiẓ Ibn Ṣalāḥ (may Allāh be pleased with him), reflecting on the statement “the one who sacrifices their hereafter for the worldly gain of another,” suggests that this refers to the Muftī. He explains that a person might consult a Mufti regarding a broken oath related to their wife or slave girl. The Muftī – out of a desire to please the questioner, – might issue a lenient ruling by saying, “there is nothing on you”, thereby the man will go back and take enjoyment from his wife or slave despite having broken his oath. The Muftī thus compromises his own hereafter well-being for the temporal worldly benefit of another.

23. Khaṭīb (may Allāh be pleased with him) after recounting some of these narrations says, “When someone eagerly pursues the task of giving religious rulings (fatwā) with a competitive or forceful attitude, it’s rare that they will find true success or divine guidance in the process. Instead, they often end up feeling more confused about the rulings they give. On the other hand, if a person feels reluctant to give religious rulings, doesn’t seek out the responsibility, and only does so when there is no other choice, often deferring to others when possible, they are more likely to receive complete support and guidance from Allāh.”

Khaṭīb used the following authentic narration as a proof for his statement: “Do not seek leadership. If you are given a position because you asked for it, you will be left to handle it on your own. But if you are appointed without seeking it, you will receive Allāh’s assistance in fulfilling it.”

24. Imām Nawāwī reports a saying of ʿAbd ar-Raḥmān Ibn ʾAbī Laylā (may Allāh be pleased with them both): “I met 120 companions from the ʾAnṣār. Whenever one of them was asked a question, he would refer the questioner to another companion, and this continued until the question came back to the first person.” In another narration, “None of them, when narrating a ḥadīth, wished to be the one telling it—instead, they preferred that their brother narrate it. Similarly, none of them liked to be asked a question; rather, they hoped their brother would suffice them by answering it.”

25. Khaṭīb narrates a story from ʿUmayr Ibn Saʿīd (may Allāh be pleased with them both). He recounts asking ʿAlqamah (may Allāh be pleased with him) a religious question, only to be directed to ʿAbīdah (may Allāh be pleased with him). When he approached ʿAbīdah, he was, in turn, directed back to ʿAlqamah. He responded, ‘‘ʿAlqamah sent me to you!’’ So ʿAbīdah sent him to Masrūq (may Allāh be pleased with him), who suggested that he ask ʿAlqamah the question. He responded, ‘‘ʿAlqamah sent me to ʿAbīdah who sent me to you!’’ Finally, Masrūq directed him to ʿAbd ar-Raḥmān Ibn ʾAbī Laylā (may Allāh be pleased with him). When ʿAbd ar-Raḥmān Ibn ʾAbī Laylā expressed reluctance to answer the question, I returned to ʿAlqamah and informed him of what occurred. He commented, ‘It would be said, “The most eager to give fatwas are those who know the least.”

26. Nawāwī, citing the authority of Ibn Masʿūd and Ibn ʿAbbās (may Allāh be pleased with them all), states, ‘Anyone who issues a fatwa for every question posed to them is insane.’

27. Shaʿbī, Ḥasān, and Abī ’l-Ḥusayn (may Allāh be pleased with them) all noted, “When you give a fatwā on a religious ruling, consider this: if the same question had been posed to ʿUmar ibn al-Khaṭṭāb, he would gather all those who participated in Badr to discuss the answer.”

28. From Sufyān Ibn ʿUyaynah and Suḥnūn (may Allāh be pleased with them both): “The most courageous in giving fatwas are those who know the least.”

29. Imām ash-Shāfiʿī (who was known for his cautious approach to issuing fatwas) when questioned regarding a religious ruling, remained quiet (to pause and reflect). When questioned about his hesitation, he replied, “I am considering whether it is wiser to remain silent or to respond.”

30. Imām Dārimī (may Allāh be pleased with him), in the introduction to his Sunan, has dedicated a chapter to those scholars who were extremely cautious about issuing fatwas and avoided innovation. In this chapter, Imām Dārimῑ has narrated from:

• Zubayd that he said: “I did not ask ʾIbrāhīm an-Nakhaʿī about anything except that I could see the discomfort in his face.”

• ʿAmr Ibn ʾAbī Zāʾidah says: ‘I have never seen anyone say “I do not have knowledge of it” in response to a question more often than Ash-Shaʿbī.’
• Ibn ʿAwn said, “Al-Shaʿbī was so cautious that he would feel fearful when faced with a question, while Ibrāhīm would respond endlessly.” Abū ‘Ᾱṣim states, “According to Ibn ‘Awn, in this matter, Al-Shaʿbī held a better position than Ibrāhīm.”
• Jaʿfar ibn ʾIyās said to Saʿīd ibn Jubayr, “Why do you remain silent about ṭalāq (divorce)?” Saʿīd replied, “I’ve received questions on the topic, but I do not want to declare what is unlawful as lawful, or the other way around.”

31. Ibn ʿAbd al-Barr reports that Ibn ʿAwf was with Qāsim Ibn Muḥammad when a man approached him with a question. Qāsim replied, “I don’t know the answer properly.” The man insisted, “I have been sent to you, and I don’t know anyone else.” Qāsim responded, “Don’t be deceived by the length of my beard or the number of people around me; By Allāh! I don’t know the answer properly.” An elder from the Quraysh sitting nearby said, “O my nephew, stick with him. By Allāhʾ I have never seen you in a more noble gathering than the one you stand in today.” Qāsim replied, “By Allāh, I would prefer my tongue to be cut off than to speak on something I have no knowledge of.”

32. Numerous narrations about Imām Mālik highlight his fear when issuing fatwā. Qāḍī ʾIyāḍ discusses these in detail, and here are a few notable examples:

• ʿAbd ar-Raḥmān al-ʿUmarī recounts that Imām Mālik once said to him, “There are times when certain questions I receive prevent me from eating, drinking, and sleeping.”

• Ibn Al-Qāsim reported: “I heard Imām Mālik say, ‘I have been pondering over a particular question for almost ten years, and I have still not reached a definitive conclusion.’”

• Ibn Mahdī reported: “I heard Imām Mālik say, ‘Sometimes a question is posed to me, and I spend most of the night contemplating it.’”

• Ibn ʿAbd al-Ḥakam reported that when Imām Mālik was asked about an Islamic ruling, he would often say to the questioner, “Come back later, so I may have time to look into it.” The questioner would leave, and Imām Mālik would immerse himself in researching the matter. Once, we asked him about this practice, and he began to weep. He then said, “I fear that the questioner might come to me one day (the Day of Judgment) — and what a terrifying day it is.” Meaning: the questioner might say, “You gave me this ruling, and it was incorrect,” and Imām Mālik would then be held accountable for the ruling he provided.

• Ibn ʿAbd al-Ḥakam adds that when Imām Mālik would sit, he kept his head lowered, constantly moving his lips in the remembrance of Allāh. He would neither look to the right nor to the left. When questioned about an Islamic ruling, his reddish complexion would visibly change to a yellowish pallor. He would lower his head, moving his lips, and then say, “Whatever Allāh wills. There is no might nor power except with Allāh.” At times, he would be asked fifty questions, yet he would not respond to any of them.

• Some people of his time would say, “By Allāh, when Imām Mālik was asked about a particular issue, it was as if he were standing between Heaven and Hell.”

• Mūsā Ibn Dāwūd said, “I have not seen any scholar who more frequently said, ‘I do not know the answer to this ruling properly’ than Imām Mālik.”

• Ibn Mahdī recounted that a man once travelled a distance of six months from the western regions to ask Imām Mālik about a ruling. When he mentioned this to Mālik, the Imām responded, “Tell the one who sent you that I do not have knowledge of this matter.” The man then asked, “Who, then, would know it?” Imām Mālik replied, “Whoever Allāh has chosen to grant knowledge.”

• On another occasion, a man came with a question sent by people from the western Muslim world. Imām Mālik replied, “I do not know the answer. We have not encountered this issue in our city, nor have I heard any of my teachers discuss it. However, you may return to us when we have an answer.” The next day, the man returned with his camel packed and reins in hand, exclaiming, “My question!” Imām Mālik replied again, “I do not know the answer.” In frustration, the man cried, “O Abū ʿAbdillāh! I have left behind people who believe that there is no one on earth more knowledgeable than you!” Imām Mālik calmly replied, “When you return, tell them that I do not have the expertise [to answer every question].”

• On yet another occasion, a man said to him, “O Abū ʿAbdillāh! Please answer me!” Imām Mālik responded, “What is wrong with you? Do you wish to make me the evidence between you and Allāh? I myself must consider how I might save myself, and only then will I worry about saving you.”

• Ibn ʾAbī Ḥāzim reports that Imām Mālik said, “When someone asks you a question, begin by reflecting on yourself and safeguarding your own self.”

• Khālid Ibn Khirāsh said, “I traveled from Iraq to ask Imām Mālik forty questions, but he only answered five of them.”

• Imām Mālik once said, “I heard Ibn Hurmuz say, ‘It is fitting for a scholar to convey to those around him (as a role model) the practice of saying “I do not know” until it becomes a principle they seek refuge in. When any of them is asked a question he cannot answer, he should confidently say, “I do not know.”’”

• Ibn Wahab said, “Imām Mālik would often respond to many questions he was asked by saying, ‘I do not know the answer.’”

• ʿUmar Ibn Yazīd said, “I asked Imām Mālik why he often replied with ‘I do not know’ to so many questions. He explained, ‘The people of Syria return to Syria, the people of Iraq return to Iraq, and the people of Egypt go back to Egypt. It is possible that I may later need to change a fatwa I previously issued.’ ʿUmar then mentioned this to Layth, who began to weep and said, “By Allāh, Imām Mālik is better than Layth,” or words to that effect.

• Ibn Wahab said, “I asked Imām Mālik about thirty thousand issues that had arisen in his time. He replied to half of them—or perhaps a third of them, or however many Allāh willed—saying, ‘I do not know it properly’ or simply, ‘I do not know.’

• Someone once asked Imām Mālik, “If you, O Abū ʿAbd Allāh, say, ‘I do not know,’ then who does know?” He replied, “Shame on you! What do you truly know of me? Who am I, and what is my status, that I should claim knowledge that you do not have?” Imām Mālik then cited the ḥadīth of Ibn ʿUmar, in which Ibn ʿUmar would often say, ‘I do not know,’ Mālik added, “So who am I (in comparison to Ibn ʿUmar)? Truly, arrogance and a desire for leadership have ruined people, and very few are free from these flaws.”

• Muṣʿāb reported that someone once asked Imām Mālik a question, to which he replied, “I do not know.” The questioner, a person of high status, responded, “It’s a very simple question; I only need it to inform the Amīr (leader).” This made Imām Mālik angry, and he said, “A simple question? There is nothing in knowledge that is simple. Have you not heard the words of Allāh: ‘Indeed, We will cast upon you (O Prophet) a heavy word’? [Muzzammil: 5} All of knowledge is weighty—especially if you are to be questioned about it on the Day of Judgment.”
• Ibn Al-Qāsim said to him, “There is no one more knowledgeable about transactions after the people of Madīnah than the people of Miṣr.” Imām Mālik responded, “How can they know them (the rulings of transactions)?” Ibn Al-Qāsim replied, “They learned them from you.” Imām Mālik then said, “If I myself do not know them (the rulings of transactions), how can they know them?”
• Al-Qaʿnabī says, I entered upon a Mālik and I found him crying. So, I questioned regarding that, so he replied, “Who is more rightful in crying than me? I have not spoken a word but it is written by pen and it is carried to the horizons.”

33. Suḥnūn relates, ‘I was once asked a question and knew exactly where to find the answer in a specific book, page, and line. The only thing that held me back from issuing a fatwa was the hesitation that others would become bold is asserting opinion on verdicts after me.”

34. ʿAllāmah Māwardī al-Shāfiʿī states in Kitāb Adab ad-Dīn wa ’d-Dunyā: “From my personal experience, I urge you to heed the following story: I had written a book on the rulings of transactions, gathering everything I could from various scholarly works. I worked diligently on this book, exhausting myself until it was well-structured and nearing completion. I felt a sense of pride in my research on the rulings of transactions. Then, two bedouins approached me while I was in my gathering and asked about a transaction they had conducted in the desert under certain conditions, which involved four rulings. To my dismay, I could not provide an answer to any of their questions. I covered my mouth, reflecting on my situation and theirs. They asked, ‘Do you not have an answer for what we have asked, and you are the leader of this group?’ I replied, ‘No.’ They retorted, ‘Shame on you,’ and walked away. They then sought out someone whom many of my students had surpassed in knowledge, and he answered them immediately in a way that satisfied them. They left, content with his response and praising his knowledge. This experience served as a humbling lesson for me; my innate disposition was humbled, and the wings of arrogance were clipped because of it.”

[1] The title was a reflection of his exceptional intelligence and insightful legal opinions.

– Translated & Compiled by Mawlana Umar Abdullatif for Siblings Of Ilm.

All effort has been made to ensure accuracy of translation, email info@siblingsofilm to inform us of any corrections or suggestions.