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]