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“Such issues of Ijtihad are not to be forbidden (physically) using the hand, and no one has the right to force others to follow him in them (i.e. to adopt his v

18 January 2023 • 2.2K views
[Majmoo’ Al-Fataawaa (30/80)] He also said: «مسائل الاجتهاد من عمل فيها بقول بعض العلماء لم ينكر عليه ولم يهجر، ومن عمل بأحد القولين لم ينكر عليه». “Issues of ijtihad are those which if a person adopts the view of some of the scholars (in that matter), he is not to be censured or boycotted (due to that), and anyone who adopts either one of the two views is not to be censured.” [Majmoo’ Al-Fataawaa (20/207)] Example: The scholars differed concerning Qaabeel; the son of Adam عليه السلام who murdered his brother Haabeel; was he a disbeliever or not? Sheikh Yahya was refuted for this issue even though it is an issue of differing amongst the scholars: Ibnul Jawzi rahimahullah (D. 597H) mentioned in his tafseer: «وهل كان قابيل كافراً أو فاسقاً غير كافر؟ فيه قولان». “Was Qaabeel a disbeliever or a sinful believer? There are two views pertaining to this.” [Zaadul Maseer fi ilm At-Tafseer] Similarly, Ibn ’Atiyyah said in Al-Muharrar: «اختلف العلماء في قابيل هل هو من الكفار أو من العصاة». “The scholars differed concerning Qaabeel; was he from the disbelievers or from the disobedient ones?” Here Sheikh Yahya discusses this difference of opinion and concludes that there's no clear evidence to state whether he was a disbeliever or not: https://t.me/jarah2588/333 Note: Sheikhul Islam Ibn Taymiyyah held the view that Qaabeel was a disbeliever [see Majmoo Al-Fataawaa (7/495)] The second category: Sheikh Yahya was criticised for matters founded on false premises. Example: Sheikh Yahya holds the opinion that calling two Adhans for Salatul Jumu'ah is an innovation that was first introduced by Uthman radhiyallahu anhu, as is proven by the following report: Narrated As-Saa'ib ibn Yazeed: During the lifetime of the Prophet (ﷺ), Abu Bakr and ’Umar, the Adhan for Jumu'ah prayer used to be called when the Imam sat on the pulpit. But during the Caliphate of ’Uthman when the Muslims increased in number, a third Adhan at Az-Zaura' was added (3 = 2 Adhans + the Iqaamah).” [Sahih al-Bukhari, 912] We can clearly see from this report that this Adhan did not exist during the Prophet's lifetime, nor Abu Bakr's, nor Umar's. But it was introduced by Uthman raḍhiyallāhu anhu during his caliphate. So Sheikh Yahya has merely stated the obvious. What's more, he said it's an innovation due to what was authentically reported from Ibn Umar radhiyallahu anhu that he described this additional Adhan as an innovation; this is also the opinion of Sheikh Muqbil and Sheikh Albani amongst others. However, there's a difference between one who says this additional Adhan is an innovation; which is what Sheikh Yahya said, and asserting that the one who introduced this Adhan is an innovator; which is what they falsely accuse Sheikh Yahya of. [Listen to Sheikh Yahya, Sheikh Muqbil and Sheikh Albani explaining this https://t.me/jarah2588/260] So what does Sheikh Yahya say about Uthman raḍhiyallāhu anhu? He says what every other Salafi says; Uthman is the third Caliph, the Prophet ﷺ married him off to not one, but two of his daughters, etc...but in terms of this additional Adhan Uthman exercised Ijtihad and made a mistake, so he only receives one reward. Another example: They accuse Sheikh Yahya of compiling the errors of the sahabah. There's a knowledge-based issue concerning a particular hadeeth, that “my sahabah are like stars, whichever of them you follow you will be guided” (words to this extent)...so in his weakening of this hadeeth, Sheikh Yahya mentions several angles; one of which was the fact that individual sahabah are not