The View Of The Majority Of Scholars On Hypothetical Fiqh Issues

1) If Zayd Ibn Thaabit (ra) would be asked regarding an issue, he would first ask, “Has it occurred?” And if they answered no, he would say, “Then leave it until it occurs.”

2) ‘Abdul Maalik Ibn Mirwaan asked Ibn Shihaab about a matter and the latter asked, “Did this happen O leader of the believers?”

He said, “No.”

So Shihaab answered, “Then leave it, for when it comes to pass, Allaah will give us a way out.”

3) On one occasion when Imaam Maalik was ased about an issue he gave the answer to his students, but when one of his students said, “Suppose that it occurred in this way.”

Imaam Maalik became very angry and said, “Are you one of the ‘Supposers’? Did you come here from Iraaq?”

4) Ash-Sha’bee said, “Nothing was more hated to me than ‘suppose’.”

5) Imaam Maalik once said, “People used to give verdicts only for what they heard and knew, and the talk that is prevalent among people today did not exist.”

By this, he was referring to the many hypothetical issues that were being discussed.

Indulging In Hypothetical Fiqh Issues, By Shaykh Mashhoor

Shaykh Mashhoor states:

“Ahlul Hadeeth dislike doubts and hypothetical issues and matters which have not yet occurred… The Madhhab of Ahlul Hadeeth is to worship Allaah, not a Madhhab of imaginary issues which is closer to philosophy.

It is relayed from Zayd Ibn Thaabit, Mu’aadh Ibn Jabal and other Companions that if they were asked about issues which had not yet occurred, they would respond saying: “Leave the issue until it actually happens.“

This was due to their dislike of Ra’y and Qiyaas. There is no need for doubtful matters, hypothetical scenarios and imaginary circumstances and possibilities.

For example, look at the Hawaashee (marginal notes) of some Shaafi’ee jurists to Tuhfatul Muhtaaj, for they mention possibilities which are impossible to arise! To the extent that I even found in some marginal notes to Tuhfatul Muhtaaj wherein they say:

“If a man’s penis is split into different parts and a part of it commits unlawful sexual intercourse, and another part did not and another part did something else – what should be the Hadd punishment of the man?”

What is this?! All of this is imaginary which is impossible to actually occur!

The Madhhab of Ahlul Hadeeth is that they dislike indulging in Ra’y and they seek knowledge for practical intents as a methodology in life with which to worship Allaah.”

[Taken from “The Madhhab Of Ahlul Hadeeth” p.78]

Circumstances Where The Companions Felt It Wasn’t Obligatory To Blindly Follow The Prophet

The Companions would always simply obey the Prophet (saw), not even discussing with him his commands, except in the following circumstances:

(1) When the Prophet (saw) gave his opinion in a worldly matter. For example during the battle of Badr, the Prophet (saw) decided that the Muslims should camp in one location, while Habbaab Ibn Al-Mundhir thought that another location was better, and so he (saw) accepted his view over his own view.

(2) When the Prophet (saw) expressed his opinion in a religious matter before that view was approved or not by Allaah. For example ‘Umar Ibn Al-Khattaab expressed his view regarding what should be done with the prisoners of Badr.

(3) When the Companions found a ruling to be new and strange to them. In such instances, they would discuss the ruling with the Prophet (saw), not to contradict him, but simply to learn the wisdom behind this ruling.

(4) When the Companions thought that an action of the Prophet was specific to him. In such instances, they would not force themselves to follow it.

(5) When the Prophet (saw) would tell them to do something and they felt from the context of his words that he was not commanding them but simply telling them that a certain act was permisible.

Otherwise they would unconditionally follow and obey the Prophet (saw).

[The Sunnah And Its Role In Islamic Legislation” p. 86]