Ijtihad

1
Ijtihad Taqleed

• Part II

2
Aims Objectives

• Just as it is legal to derive rulings through
  ijtihad or qiyas, it is also legal to extract an
  illah (basic cause) underlying an incident,
  statement or command mentioned in a Hadith, and
  to act according to that illah instead of the
  literal meaning of the Hadith.
• This will not be considered as acting against the
  Hadith.
• Taqleed of such a ruling is also permissible.

3

• Ibn Umar rachy Allahu anhuma reports that the
  Prophet sallaAllahu alaihi wa sallam said on the
  day of Al-Ahzab, No one should offer the Asr
  prayer except in Banu Quraidha. Thereafter, the
  Asr prayer set in (and was about to lapse) so
  some of them said we will not offer Asr until we
  reach there and some said we will offer it now,
  (because) The Prophet did not mean that. Then
  this was reported to the Prophet and he did not
  reprimand any one of them.

• ??? ? ???? ??? ? ???? ???? ????? ? ???? ? ????
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  ?????? ????
• ??? ???? ????? ??? ???? ???? ???? ?? ???????
  ?????? ??????? ???? ???????

4

• In this Hadith, the second group used their power
  of ijtihad and extracted an illah (basic cause)
  underlying the command, and therefore did not
  take the command literally.
• The illah they extracted was that the objective
  of the Prophet peace be upon him was to emphasize
  the importance of hastening to Banu Quraidha, not
  to delay the prayer.
• The fact that the second group was not
  reprimanded for their ijtihad and taleel
  (extraction of an illah) is a clear proof of its
  permissibility.

5

• The second group was not reprimanded for
  abandoning the explicit and literal command of
  the Prophet peace be upon him since it was based
  on correct and sincere taleel ijtihad.
• They also cannot be considered as abandoners of
  the Hadith of the Prophet peace be upon him.

6

• Ali radhy Allah anhu says, a slave woman of the
  Prophet peace be upon him committed adultery, so
  he ordered me to whip her. When I went to her, I
  found out that she had just started her post
  natal bleeding and I feared that if I whipped her
  she would die. So I mentioned it to the Prophet
  peace be upon him and he said, You did the
  correct thing. And in the another narration, it
  is mentioned, leave her until she recovers.

• ??? ? ???? ??? ?????? ? ???? ? ???? ? ???? ?
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  ?
• ??? ????? ???? ?? ??????? ?????? ???? ????

7

• Even though the command of the Prophet peace be
  upon him was general and unrestricted, Ali radhy
  Allahu anhu with his taleel ijtihad considered
  it to be restricted with the capability to
  withstand the punishment and acted according to
  it.
• The Prophet peace be upon him commended him on
  it.
• Those who do not read Al-Fatiha behind the Imam
  consider the Hadith to be restricted to the case
  of the munfarid based on another Hadith.
• Thus such Scholars cannot be branded as
  abandoners of Hadith.

8

• Ibn Abbas radhy Allahu anhuma says, To camp in
  Al-Abtah is nothing. It is only a stage where the
  Prophet salla Allahu alaihi wa sallam camped
  (coincidentally)

• ??? ? ???? ???? ? ???? ???? ????? ? ???? ? ????
  ??????? ???? ???? ?? ???? ???? ???? ???? ? ????
  ???? ???? ???? ?

9

• Something that the Prophet salla Allahu alaihi wa
  sallam did, is obviously going to be sunnah.
• Over here Ibn Abbas radhy Allahu anhuma and Aisha
  radhy Allahu anha as well through their ijtihad
  do not consider it a sunnah but just something
  that occurred coincidentally.
• On the other hand, Ibn Umar radhy Allahu anhuma
  considered it a Sunnah.

10

• ?? ????? ? ??? ? ????? ? ??? ? ???? ???? ?? ???
  ??? ? ??? ? ?????? ??? ???? ? ????? ? ???? ???
  ?????? ? ???? ???? ?? ???? ????? ?? ????? ?? ?
  ?????????? ? ?????? ??? ????? ??? ??? ??? ????
  ????? ??? ??? ?? ??? ?????? ??
• ??? ??? ????? ??????? ???? ????

• Asma Bint Umais radhy Allahu anha bathed her
  husband Abu Bakr radhy Allahu anhu after his
  demise, then she came out and asked those that
  were present from among the Muhajireen, I am
  fasting and this is a very cold day, do I need to
  take a bath? They replied, No

11

• In a another Hadith, it is stated imperatively
  that a person who bathes a dead body, must take a
  bath.
• The question was based on that, and this also
  proves the legality of taqleed as Asma radhy
  Allahu anha did not ask for proof.
• The Sahaba radhy Allahu anhum who were present
  did not consider the command to be meant
  literally, rather they based it on preferability
  (istihbab)
• Otherwise they would have at least ordered her to
  perform tayammum
• This was not considered abandoning Hadith