Alhassanain(p) Network for Heritage and Islamic Thought

CHAPTER 6: QIYAS (ANALOGY)

In religion the meaning of Qiyas is the application of a command in one matter to another matter based on a common ground. This then demands that the order should be the same for the two matters. (Commentary of Sahifa Kamila by Mufti Ja’far Husayn).

You may now be getting tired of all this technical discussions, let me therefore relate to you a light heated story so that you can relax your mind a little.

This is a well known story of Sheykh Chilli. One day, in the midst of the summer heat, he decided to do some gardening. So he went to get his gardening tool which had become quite hot due to the summer heat. As soon as he grabbed hold of the tool his hand got scalded from it. So he asked for advice from someone to take a look at the gardening tool and see what the problem was. So the advisor said mockingly: ‘Your gardening tool has got high fever. The solution is to tie a rope round it and immerse it into the water well so that its fever can come down’. So Sheykh Chilli followed the instructions and lo, the tool cooled down. By coincidence, after a few days his mother fell ill with high fever. So Sheykh Chilli then started thinking that surely there is a similarity here between the two cases. Therefore the same order should be applicable on both the cases. He then tied a rope around his mother’s neck and flung her into the water well. After a few dips when he took her out, the fever was gone, but then so was his mother. I don’t think Sheykh Chilli should be totally blamed for doing what he did as his error can be classified as an ‘error of Ijtihad’.

TYPES OF QAYAS

The Holy Prophet (s.a.w.) said: ‘Every innovation is a sin and the punishment of every innovator is Hell’.

When our elder brothers (Sunnis) looked at this Hadeeth they thought: ‘We are in trouble. Now where are we going to place innovations like the forbidding of Mutah, Nabeedh, As Salaat Khairun Min An Nawm etc.’ Now, their Mujtahids were not going to be left behind anyone, so they put on their inventor’s garb and subdivided Innovation into two types, namely good and bad. And so they classified the above innovations as good innovations as the one who issued this order was also a ‘good’ person. But the Holy Prophet (s.a.w.) had forbidden innovations in its entirety and not only certain kinds of it. And the ‘Writer of our Destiny’ Had written that Sunnis and Shias are brothers and so why should the Shia lag behind in this. And so as soon as the Imams (a.s.) Commanded us to stay away from innovations, they only glanced at it, as their elder brothers had already dealt with this matter beforehand. So they immediately divided Qiyas (Analogy) into three parts.

Mufti Jafar Husayn writes that there are three types of analogies:

1.Qiyas Mansus Ul Ala - As the Holy Prophet (s.a.w.) said that wine if forbidden because it is an intoxicant, it therefore means that every intoxicant is therefore forbidden. (One Mujtahid actually made tobacco unlawful based on this type of analogy).

2.Qiyas Ba Tariq Ul Ala - As Allah (s.w.t.) Has Said in the Holy Quran ‘Do not say UFF to your parents’, it therefore means that we should not harm them in the least.

3.Qiyas Mustanbat Ul Ala - When one does Istinbaat based on one’s opinion and arrives at the order. This Qiyas is incorrect from the Shiite point of view.

Here I would like to say that to divide Qiyas into three types is in itself Qiyas, for there is no such division of it to be found in the statements of the Holy Infallibles (a.s.) who actually forbid Qiyas in its entirety. This subdivision was only done in order to keep their businesses going.

They concluded that if a Holy Infallible gives a particular reason for something then this is the only reason for it. What could also be the case that the Imam (a.s.) actually had more reasons to give but gave us only a particular one for a particular problem. In the same way a doctor knows what to say to a patient and an Imam (a.s.) know what to say to who and when.

So where did these people get the right to use analogies in matters of religion, the interpretation of which is the sole right of an Inafallible imam (a.s.).

The Holy Prophet (s.a.w.) said that wine is forbidden due to the fact that it is an intoxicant. Just like where they have used their analogies in other matters, it is also possible in the absence of reasons other that this one, for them to declare wine to be lawful. I can show you thousands upon thousands of people who, after drinking bottles upon bottles of wine, do not get intoxicated from it. So now if we use these analogies, then based upon the reason for the forbidding of wine being absent, wine would end up being lawful. The people who drink wine would then make the claim as to why wine should be forbidden to them when it does not intoxicate them.

So who gave these people the audacity to make these claims? It was obviously the people who use Qiyas when they regarded the intoxication to be the only reason for its unlawfulness. They did not consider the fact that there could be numerous other reasons such as the effect it would have on their future generations etc.

Let me give you another example, In Islam, two witnesses are required for every crime to be proven, but for adultery four witnesses are required. The Holy Infallibles (a.s.) explained that as for adultery the criminals are two in number, hence twice as many witnesses are required, whilst for other crimes only two are sufficient. So, now, if two people were to murder one person, then according to their Qiyas, would we need to call four witnesses?

For adultery, the reason given was that children would not become impure. If we were to take this reason as the only one, and then consider the case of a person who has had vasectomy done, then according to their rules of Qiyas adultery would be allowable for him as he cannot have children.

O servants of God! For God’s sake have mercy on this religion and do not make it a laughing stock.

ILLUL UL SHARAI

They have named these types of analogies as Illul Shara’i (Reasons for Laws). This has now given them a free license to issue whatever Fatwa they feel like. (The example of the forbidding of Tobacco has been given before). On top of this they have made it obligatory for the people to listen to their Fatwas and act upon them without any question otherwise their deeds would be nullified.

Let us now see what Allah (s.w.t.) and the Holy Infallibles (a.s.) have to say about this.

كُتِبَ عَلَيْكُمُ الْقِتَالُ وَهُوَ كُرْهٌ لَّكُمْ وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَّكُمْ وَعَسَى أَن تُحِبُّواْ شَيْئًا وَهُوَ شَرٌّ لَّكُمْ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ

[Shakir 2:216] Fighting is enjoined on you, and it is an object of dislike to you; and it may be that you dislike a thing while it is good for you, and it may be that you love a thing while it is evil for you, and Allah knows, while you do not know.

This verse has been explained in Tafseer Ul Muttaqeen that: This verse proves that as far as Divine Ordinances and Commandments are concerned, people have no right to act upon their own opinions. Allah (s.w.t.) is the Creator of people and is fully Aware of their nature, and Knows that humans, due to their deficient knowledge, are not capable of differentiating who is good from what is bad, and what is profitable for him and what is not, because no matter how high a person’s intellect might be, there come a limit at which it stops. Above this level, it is up to the Prophet (a.s.) Chosen by Allah (s.w.t.) to provide guidance for them.

Most divince commands tend to be of a very high level and only Allah (s.w.t.) knows them fully. Sometimes people tend to adopt certain reprimands thinking them to be for their benefit, and so Allah (s.w.t.) has not allowed them any right of interference in the divine ordinances.

AL KAFI - H 172, Ch. 19, h16

A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa who has said the following: “Once I asked (Imam) abu al-Hassan Musa, recipient of divine supreme covenant, about the use of analogy and the Imam said, ‘What do you have to do with analogy? Allah will not ask how it was made lawful or unlawful.’”

Now that you are aware of the foundations of Qiyas, let us now see what Allah (s.w.t.) and the holy Infallibles have to say about this. I am now presenting to you nine Divine Verses and eighteen Hadeeth. Now it is up to you and your faith. But, keep two conclusions in mind which we have been through in the chapters before. It is clear from the statements of the Mujtahids themselves that Ijtihad is only done where the religious Commands are not clear, and that with the help of analogy and conjecture the reason of an Order is deduced although Allah (s.w.t.) is the only one Who Knows the real reasons.

يَا أَيُّهَا النَّاسُ كُلُواْ مِمَّا فِي الأَرْضِ حَلاَلاً طَيِّباً وَلاَ تَتَّبِعُواْ خُطُوَاتِ الشَّيْطَانِ إِنَّهُ لَكُمْ عَدُوٌّ مُّبِينٌ

[Shakir 2:168] O men! eat the lawful and good things out of what is in the earth, and do not follow the footsteps of the Shaitan; surely he is your open enemy.

إِنَّمَا يَأْمُرُكُمْ بِالسُّوءِ وَالْفَحْشَاء وَأَن تَقُولُواْ عَلَى اللّهِ مَا لاَ تَعْلَمُونَ

[Shakir 2:169] He only enjoins you evil and indecency, and that you may speak against Allah what you do not know.

Speaking without knowing has been regarded by Allah (s.w.t.) as doing the Taqleed of Shaitan.

AL KAFI - H 96, Ch. 11, h2

Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus ibn 'Abd al-Rahman from 'Abd al-Rahman ibn al-Hajjaj who has said the following: “Imam abu ‘Abd Allah, recipient of divine supreme covenant, once said to me, ‘Beware of two forms of behaviour. It is such behaviours that have led many people to their destruction. Beware of giving fatwa to people on the basis of your own opinion and of following a religion without knowledge.’”

إِنَّا أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُواْ لِلَّذِينَ هَادُواْ وَالرَّبَّانِيُّونَ وَالأَحْبَارُ بِمَا اسْتُحْفِظُواْ مِن كِتَابِ اللّهِ وَكَانُواْ عَلَيْهِ شُهَدَاء فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُواْ بِآيَاتِي ثَمَنًا قَلِيلاً وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُونَ

[Shakir 5:44] Surely We revealed the Taurat in which was guidance and light; with it the prophets who submitted themselves (to Allah) judged (matters) for those who were Jews, and the masters of Divine knowledge and the doctors, because they were required to guard (part) of the Book of Allah, and they were witnesses thereof; therefore fear not the people and fear Me, and do not take a small price for My communications; and whoever did not judge by what Allah revealed, those are they that are the unbelievers.

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالأَنفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ

[Shakir 5:45] And We prescribed to them in it that life is for life, and eye for eye, and nose for nose, and ear for ear, and tooth for tooth, and (that there is) reprisal in wounds; but he who foregoes it, it shall be an expiation for him; and whoever did not judge by what Allah revealed, those are they that are the unjust.

وَمِنَ الإِبْلِ اثْنَيْنِ وَمِنَ الْبَقَرِ اثْنَيْنِ قُلْ آلذَّكَرَيْنِ حَرَّمَ أَمِ الأُنثَيَيْنِ أَمَّا اشْتَمَلَتْ عَلَيْهِ أَرْحَامُ الأُنثَيَيْنِ أَمْ كُنتُمْ شُهَدَاء إِذْ وَصَّاكُمُ اللّهُ بِهَـذَا فَمَنْ أَظْلَمُ مِمَّنِ افْتَرَى عَلَى اللّهِ كَذِبًا لِيُضِلَّ النَّاسَ بِغَيْرِ عِلْمٍ إِنَّ اللّهَ لاَ يَهْدِي الْقَوْمَ الظَّالِمِينَ

[Shakir 6:144] And two of camels and two of cows. Say: Has He forbidden the two males or the two females or that which the wombs of the two females contain? Or were you witnesses when Allah enjoined you this? Who, then, is more unjust than he who forges a lie against Allah that he should lead astray men without knowledge? Surely Allah does not guide the unjust people.

وَلاَ تَقُولُواْ لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَـذَا حَلاَلٌ وَهَـذَا حَرَامٌ لِّتَفْتَرُواْ عَلَى اللّهِ الْكَذِبَ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللّهِ الْكَذِبَ لاَ يُفْلِحُونَ

[Shakir 16:116] And, for what your tongues describe, do not utter the lie, (saying) This is lawful and this is unlawful, in order to forge a lie against Allah; surely those who forge the lie against Allah shall not prosper.

مَتَاعٌ قَلِيلٌ وَلَهُمْ عَذَابٌ أَلِيمٌ

[Shakir 16:117] A little enjoyment and they shall have a painful punishment.

Imam Ja’far Al Sadiq (a.s.) has explained Verse 116 thus : ‘If any person were to commit a sin, whether minor of major, then he ends up being expelled from faith and only the word ‘Islam’ is left for him. But when he repents and is forgiven, then he comes back into faith and will not go to unbelief. But if anyone declares what is lawful as unlawful or vice versa based on his opinion, then as far as we are concerned he not only leaves the fold of faith but ceases to be a Muslim as well. He is an unbeliever and his example is of one who goes to the Kaaba and commits a disgraceful act and then comes out and is killed and ends up in Hell’.

From Verse 117 it can be said that those that issue Fatwas based on opinion do get some profit from it.

فَإِن لَّمْ يَسْتَجِيبُوا لَكَ فَاعْلَمْ أَنَّمَا يَتَّبِعُونَ أَهْوَاءهُمْ وَمَنْ أَضَلُّ مِمَّنِ اتَّبَعَ هَوَاهُ بِغَيْرِ هُدًى مِّنَ اللَّهِ إِنَّ اللَّهَ لَا يَهْدِي الْقَوْمَ الظَّالِمِينَ

[Shakir 28:50] But if they do not answer you, then know that they only follow their low desires; and who is more erring than he who follows his low desires without any guidance from Allah? Surely Allah does not guide the unjust people.

This has been commented upon by Imam Musa Al Kazim (a.s.) that this is the person who does not act according to the orders of the Imam (a.s.) of his time and makes his own opinions as being religious ordinances.

وَمَن يَعْشُ عَن ذِكْرِ الرَّحْمَنِ نُقَيِّضْ لَهُ شَيْطَانًا فَهُوَ لَهُ قَرِينٌ

[Shakir 43:36] And whoever turns himself away from the remembrance of the Beneficent Allah, We appoint for him a Shaitan, so he becomes his associate.

وَإِنَّهُمْ لَيَصُدُّونَهُمْ عَنِ السَّبِيلِ وَيَحْسَبُونَ أَنَّهُم مُّهْتَدُونَ

[Shakir 43:37] And most surely they turn them away from the path, and they think that they are guided aright:

In Tafser Saafi it has been narrated from Imam Ali (a.s.) that: ‘Anyone who had decided upon the commission of a sin and turned away from the remembrance of Allah (s.w.t.), and stopped learning religious Commands from the one whom He (s.w.t.) had ordered to learn from, then Allah (s.w.t.) appoints a Shaytan to become his associate’.

Let us summarise the conclusions that we get from the above verses so that we can then move on to the Hadeeth.

1.In the first verse Allah (s.w.t.) has regarded the one who speaks without knowledge as being in the Taqleed of Shaytan.

2.In the second and the third verse, those people that make decisions based on other than what has been revealed, have been declared as unbelievers and unjust. This means not accepting the decisions made by the Holy Infallibles (a.s.) and basing decisions on personal opinions and analogies. On the day of judgement a caller will cry out ‘The curse of Allah (s.w.t.) be on the unjust’.

3.In the fourth verse the word ‘Or were you witnesses when Allah enjoined you this?’ proves that no one is in receipt of revelation and no one is inspired from Allah (s.w.t.) except the Holy Infallibles. And those that issue fatwas based on their own analogies, their actions have been equated to forging lies about Allah (s.w.t.) and leading people astray.

4.The fifth and the sixth verse are quite clear that issuing fatwas based on personal opinion and analogy about the lawful and the unlawful, is like forging lies about Allah (s.w.t.). From this profit is gained in the life of this world but such a person becomes deserving of grievous punishment in the hereafter. And the Holy Imam (a.s.) has actually thrown such a people out of religion altogether.

5.In the seventh verse, for a person who does not act according to Imam (a.s.)’s orders and considers his own opinions as religion, Allah (s.w.t.) has Issued three verdicts. Firstly such a person is gone totally astray, secondly he is unjust and thirdly, such a person cannot be guided. In the books of hadeeth there is a story about a man who used to incur losses in whatever business deal that he transacted, until he became bankrupt and dependent upon others. And so Shaitan appeared to him in human for and said to him; ‘Shall I show you a way to become rich?’ So he replied in the affirmative. Shaytan then advised ‘Then go and invent a religion and invite people towards it. You will get both fame and fortune’. So he did exactly that. The generality of people, as you know, are always on the lookout for any caller who calls out and they run towards him. Soon a large group collected around him and he became their ‘Marja’ and was awash with wealth. One day he had a reflective thought: ‘What have I done? For the sake of a few coins not only have I gone astray but have led others astray as well’. He was overcome with intense regret so much so that one day he tied himself to a wooden pole in the heat of the sun and decided that he would keep himself in this situation until such time as his Lord does not forgive him. Allah (s.w.t.) then said: ‘Even if this person were to stay in that position until such time as his meat melts away and bones decay, I shall not forgive him until each and every person that he has led astray does not repent and asks for forgiveness’. That is why in this verse it is stated that such a person cannot be guided.

6.The eight verses is telling us that the person who closes his eyes to the Imam (a.s.) and issues fatwas based on his personal opinion, then Allah (s.w.t.) appoints a Shaytan for him as a companion.

7.The ninth verse clarifies that the Shaytan that becomes his companion carries out two tasks. Firstly he stops him from ‘Sabeel Allah’ (The Path of Allah (s.w.t.)) (Now this is not the time for an exposition otherwise I would prove with sufficient evidence that the meaning of ‘Sabeel Allah’ here is the person of the Imam (a.s.). The person who diverts attention away from the Imam (a.s.) towards himself and suppresses the statements of the Imam (a.s.) and advertises his own statements, would be the one that would come under the definition of this Verse). The second task that the Shaytan carries out is that he keeps on whispering to him that he is on the right path of guidance (depite the fact that Allah (s.w.t.) has already testified that he has strayed away from ‘Sabeel Allah).

We have gone through the verses of the Holy Quran and the statements of the Holy Infallibles (a.s.) regarding them. The conclusions that have been derived from these have been explained to you clearly. It is now up to you to ponder over these. I hereby pray that you will think over these Verses and will not be entrapped by the one who is ‘blind from the remembrance of Allah (s.w.t.)’.

FATWA

Let us now come to hadeeth and first of all see what the Holy Infallibles (a.s.) have said about those that issue Fatwas.

AL KAFI - H 95, Ch. 11, h1

Muhammad ibn Yahya has narrated from Ahmad and ‘Abd Allah (both) sons of Muhammad ibn ‘Isa from Ali ibn al-Hakam from Sayf ibn ‘Umayra from Mufaddal ibn Yazid who has said the following: “Once, (Imam) abu ‘Abd Allah, recipient of divine supreme covenant, said to me, ‘I like to warn you about two forms of behavior that lead a man to destruction. I prohibit you from dealing with Allah on the basis of falsehood and from giving fatwa (a legal opinion) to people without knowledge.’”

It has been narrated from Imam Ja’far Al Sadiq (a.s.): ‘There will be people who will be ever ready to issue Fatwas and they will also make the claim that whatever need to be questioned should be referred to them although they may not be able to explain a single word correctly. Allah (s.w.t.) does NOT befriend such self-made people’. - AL KHISAL Page 86.

AL KAFI - H 96, Ch. 11, h2

Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus ibn 'Abd al-Rahman from 'Abd al-Rahman ibn al-Hajjaj who has said the following: “Imam abu ‘Abd Allah, recipient of divine supreme covenant, once said to me, ‘Beware of two forms of behaviour. It is such behaviours that have led many people to their destruction. Beware of giving fatwa to people on the basis of your own opinion and of following a religion without knowledge.’”

AL KAFI - H 97, Ch. 11, h3

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Hassan ibn Mahbub from Ali ibn al-Ri’ab from abu ‘Ubayda al-Hadhdha’ from abu Ja’far, recipient of divine supreme covenant, who has said the following: “The angels of mercy and the angels of wickedness condemn those who give to people fatwas without knowledge and guidance. Such people will be held responsible for the sins of all those who have followed such fatwas.”

Please try to understand that the above Hadeeth does not mean that those who follow Fatwas are free from responsibility. One way of explaining this through the example of a man riding a horse but is carrying his own bag on his head whilst riding the horse. The horse is carrying both the weights but the man is still carrying his own.

Imam Ja’far Al Sadiq has said: ‘Flee from issuing Fatwas like you flee from a lion and do not make the people sacrificial lambs for your responsibilities’. - NAHJ MIN BALAGHAT IMAM AL SADIQ (A.S.) SAYING NO. 5.

Please pay attention to the above Hadeeth, especially the last one and then derive the correct conclusion from them.

In the Sermon of Imam Ali (a.s.) titled as ‘Unbelief and its pillars and branches’, he says: ‘Unbelief stands of four things - Sinfulness, Extremism, Doubt and Scepticism.

Sinfulness has four branches:

1.Giving low priority to Divine Commands.

2.Following conjecture. - Standing against the Creator and then Shaytan overcomes him.

3.Incurring loss on ones own self and considering ones deviation as a good deed.

4.Considering one’s own opinion as better than Divine Commadments. He will be disgraced by Allah (s.w.t.).

GHULOO (FANATICISM) - Interfering in the laws of religion by the use of personal opinion.

DOUBT - Quarrelling about the bounties of Allah (s.w.t.). (According to the Holy Infallibles (a.s.) what is mean by bounties here is the Wilayah (Mastership) of Imam Ali (a.s.). This then means to quarrel about Wilayah and establishing one’s own Wilayah.

UNCERTAINTY - To interpose truth and falsehood.

This is found in a similar hadeeth:

AL KAFI - H 2852, CH 163, h 1

Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Ibrahim ibn ‘Umar al-Yamani from ‘Umar ibn ‘Udhaynah from Aban ibn abu ‘Ayyash from Sulaym ibn Qays al-Hilali from Amir al-Mu’minin, Ali ibn abu Talib, recipient of divine supreme covenant, who has said the following: “Disbelief is established on four pillars: Sinfulness, Extremism, Doubt and Skepticism. Sinfulness has four branches: harshness of manners, blindness of heart, neglect, and arrogance. Whoever behaves in a harsh manner belittles the truth, hates the people of profound understanding and persists in great sins. Whoever becomes blind of heart forgets to remember (the truth), follows guesses, opposes his Creator and Satan turns bold toward him. He asks forgiveness without repenting, feeling humble and without being unaware of sin.

AL KAFI - H 101, Ch. 11, h7

Al-Husayn ibn Muhammad has narrated from Mu‘alla ibn Muhammad from Ali ibn Asbat from Ja’far ibn Sama‘a from several persons, from Aban, from Zurara ibn A‘yan who has said the following: “Once I asked Imam abu Ja’far, recipient of divine supreme covenant, ‘What are of the rights of Allah on people?’ The Imam, recipient of divine supreme covenant, replied, ‘They must say what they know and abstain from saying anything that they have no knowledge of.’”

AL KAFI - H 165, Ch. 19, h9

Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Muhammad ibn Hukaym who has said the following: “Once I asked (Imam) abu al-Hassan Musa, recipient of divine supreme covenant, ‘May Allah keep my soul in your service, please make us Faqih (people of proper understanding in religion). Allah has granted us the blessing of your existence among us and has made us independent of other people. This blessing is so great that even if a whole group of us may come to one place, no one needs to ask another a question to prepare an answer for it. Sometimes, however, we may come across an issue for which we have heard nothing from you or from your forefathers. We then look into the best resources available and the closest to your guidance. Can we take such a finding as an authority?’ ‘Never, ever, by Allah, O ibn Hakim, many people have been destroyed in it,’ replied the Imam, recipient of divine supreme covenant. Ibn Hakim has said that the Imam then said, ‘May Allah condemn abu Hanifa who says, “Ali said so and so, therefore, I said so and so.’” Muhammad ibn Hakim has said that he told Hisham ibn al-Hakam, ‘By Allah, I only wanted the Imam to give us permission to use analogy.’”

AL KAFI - H 167, Ch. 19, h11

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al- Washsha’ from Muthanna al-Hannat from abu Basir who has said the following: “Once I asked (Imam) abu ‘Abd Allah, recipient of divine supreme covenant, saying, ‘We may face an issue about which there is nothing said in the book of Allah or in the Sunnah, tradition of the Holy Prophet, recipient of divine supreme covenant, can we use our own opinion in such matters?’ The Imam replied, ‘No, you must not do that. If you, in this way, find the truth you will receive no rewards for it, and if you missed the truth you have forged lies against Allah, the Majestic, the Glorious.’”

This Hadeeth is sufficient to silence all those who claim that they are compelled to do Ijtihad when they cannot find what they want from the Holy Quran and Hadeeth. If anyone has any doubts after this should give a second glance at his own faith.

AL KAFI - H 166, Ch. 19, h10

Muhammad ibn abu ‘Abd Allah has narrated in a marfu’ manner from Yunus ibn 'Abd al-Rahman who has said the following: “Once I asked (Imam) abu al-Hassan the First, ‘How can I prove that Allah is one?’ The Imam replied, ‘O Yunus, do not be an innovator (heretic). One who depends on his personal opinion is destroyed. One who abandons the members of the family of his Prophet goes astray. Whoever abandons the book of Allah and the words of His prophet becomes an unbeliever.’”

AL KAFI - H 173, Ch. 19, h17

Ali ibn Ibrahim has narrated from Harun ibn Muslim from Mas‘ada ibn Sadaqa who has said the following: “(Imam) abu ‘Abd Allah, recipient of divine supreme covenant, has narrated from his father who said that Imam Ali, recipient of divine supreme covenant, has said, ‘Whoever decides to use analogical reasoning as a source of authority, his whole life will remain in confusion. Whoever practices the religion of Allah by means of analogical reasoning his whole life will pass in a drowning condition.’ Imam abu Ja’far, recipient of divine supreme covenant, then said, “Whoever issues Fatwa on the basis of his personal opinion has practiced the religion of Allah by means of what is not knowledge. Whoever practices the religion of Allah without knowledge has opposed Him by making things lawful and unlawful through things he has no knowledge of.’”

AL KAFI - H 178, Ch. 19, h22

A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father in mursal manner (Mursalan) from abu Ja‘far, recipient of divine supreme covenant, who has said the following: “Do not take anyone closely and intimately between yourselves and Allah; if you did so it would cause you to become unbelievers. Every means, ancestral and relative relations and intimacy, innovations (heresy) and doubts will be cut off except what is established in the Holy Quran.”

AL KAFI - H 175, Ch. 19, h19

Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus from Hariz from Zurara who has said the following: “Once I asked Imam abu ‘Abd Allah, recipient of divine supreme covenant, about lawful and unlawful matters and he said, ‘Whatever the Holy Prophet, recipient of divine supreme covenant, has made lawful will remain lawful forever up to the Day of Judgment and whatever he has made unlawful will remain unlawful forever up to the Day of Judgment. There will be no one other than him and there will come no one other than him.’ He said that Imam Ali has said, ‘No one has established any innovation (heresy) without abandoning an established noble tradition.’”

AL KAFI - H 963, Ch. 86, h 1

A number of our people have narrated from Ahmad ibn Muhammad (from) ibn abu Nasr who has said the following: “About the words of Allah, the Most Majestic, the Most Gracious: ‘Who strays more than one who follows his desires without guidance from Allah? . .’ (28:50), abu al-Hassan, recipient of divine supreme covenant, has said, ‘It refers to those who consider their own opinions as their religion without a true Imam from the 'A'immah (Leaders with Divine Authority).’”

In his Supplication No.20 On Noble Moral Traits Imam Ali IBn Husayn (a.s.) said : ‘Perfect this for me through lasting obedience, holding fast to the community, and rejecting the people of innovation and those who act in accordance with original opinions!’

You have just been through eighteen Hadeeth from the Holy Infallibles (a.s.), but did not realise how great an act worship you have done. However, this act of worship would be incomplete if you were not to ponder over this and arrive at the correct conclusions. I have saved one Hadeeth so that it can be the final word on this matter. But, let us first discuss the above traditions. You already know the decision of the Holy Infallibles (a.s.) about those that issue Fatwas. Let us see what the Holy Infallibles (a.s.) have to say about those that utilize conjecture, analogy and personal opinion;

1.It leads to destruction.

2.Allah (s.w.t.) does not befriend them.

3.They are cursed by both the angels of mercy and punishment.

4.They make people their sacrificial lambs for their own purpose.

5.Wherever there is no religious ordinance then it is better to abstain.

6.It is forbidden to use analogy in the absence of an order.

7.If a Mujtahid issues a correct fatwa there is no reward for it whereas issuance of an incorrect fatwa from him equates to forging a lie against Allah (s.w.t.).

8.A person who does not know religious ordinances and makes use of analogy will always be in a state of doubt and never achieve conviction. (Imam Ali (a.s.) has clearly stated that sleep with conviction is better than a whole night’s worship). One who deliberately makes divine commandments to be doubtful in favour of his own analogy has opposed Allah (s.w.t.).

9.Following someone who applies analogy is polytheism.

10.Acting in a condition of doubt and uncertainty is acting unlawfully.

11.One who extracts religious laws based on analogy is not a believer.

12.It is the Sunnah of the Imam (a.s.) to stay away from (Tabarra) innovators, those who use analogy and personal opinion.

13.One who uses analogy and places the foundation of religion on conjecture is a polytheist.

THE FINAL PROOF

Let me now give you the Hadeeth that I have saved to the last as the final word. This will lift the veils from your eyes and you will be able to see clearly the people who are being referred to in this Hadeeth. Every word of this Hadeeth deserves to be pondered over.

AL KAFI - H 162, Ch. 19, h6

Muhammad ibn Yahya has narrated from certain persons of his people and Ali ibn Ibrahim from his father from Harun ibn Muslim from Mas‘ada ibn Sadaqa from abu ‘Abd Allah, recipient of divine supreme covenant, and Ali ibn Ibrahim from his father from ibn Mahbub in a marfu’ manner from Amir al-Mu’minin Ali, recipient of divine supreme covenant, who has said the following: “Of the most intensely disliked men in the sight of Allah, the Majestic, the Most Glorious, are two kinds of people: A man whom Allah has left all to his own soul and who deviates from the path of justice, and is extremely attracted toward the words of innovation (heresy). He seems a master at performing prayer and fasting but is a mischief-maker to deceive people; he has strayed from guidance of the people before him and misleads those who may follow him in his lifetime and after his death. He carries the responsibility for others’ sins and is a hostage of his own sins. “The other man is one who displays ignorance as knowledge among the ignorant. He receives assistance from the darkness of existing mischief. The people, who appear like people (who in fact have no intelligence), consider him a scholar, but he has not spent even a complete day with scholars. He has made an early effort to accumulate something that in its being of a smaller quantity is better than in larger quantities and in this way he has filled himself with polluted water and has treasured what is of no use. He sits among people as a judge to carry the responsibility of adjudicating what is confusing and uncertain to others. He may even oppose the ruling of the judge before him. One can never tell whether his judgment will remain valid or if a judge after him will overturn it just as he has done to the judgments of the judges before him. If he faces complex and difficult issues he comes up with a great deal of his personal opinions and shapes them up as a clear-cut judgment. In fact, he has dressed himself up with doubtful issues the way a spider weaves his fragile web. He is not sure if he has done the right thing or the wrong one. He does not consider the fact that in an unknown case to have proper knowledge is necessary, and he does not see that beyond his opinion there is a school of law.

He analogizes one thing to the other but it does not matter to him if his opinion will turn out to be a lie. If an issue is dark (not known) to him he hides it to hide his own ignorance so that people will not say he does not know. He then boldly judges and thus he is the key to hazards, a storage of doubts, perplexed in ignorance, and he never regrets his lacking knowledge. The level of his knowledge never rises to absolute certainty so that he could benefit. He blows out Hadith like winds that blow away hay. The legacies weep because of him, the bloods (judging the case of murder) shout against him. The lawful marital relations become unlawful because of his judgment and unlawful ones become lawful. He has no confidence in the judgments he issues and he can never be trusted for judgments that he may make nor was he qualified for what he may have done in the matters in which he claimed to have true knowledge.”

Now read more about this from an extract from Nahju Ul Balagah Sermon No. 17.

He sits among the people as a judge responsible for solving whatever is confusing to the others. If an ambiguous problem is presented before him he manages shabby argument about it of his own accord and passes judgment on its basis. In this way he is entangled in the confusion of doubts as in the spider's web, not knowing whether he was right or wrong. If he is right he fears lest he erred, while if he is wrong he hopes he is right. He is ignorant, wandering astray in ignorance and riding on carriages aimlessly moving in darkness. He did not try to find reality of knowledge. He scatters the traditions as the wind scatters the dry leaves.

May our lives be sacrificed for those Guides and Imams (a.s.) who closed all the doors of deviations from us. They have show use how to save ourselves from going astray by pointing out each and every point of deviation. The only pre-condition is that we should stop following the non infallibles who are prone to error and follow the Holy Infallibles (a.s.) exclusively. Then not only will we find a solution to all our problems, but such doors of knowledge and understanding will open up for us that we have never even dreamt of. This is the only way to sort out our religion and problems of this world. Our Master (a.s.) have already issued warnings to us that this world is full of Shaytan’s traps. If we were to become oblivious from our Imams (a.s.) even for a moment then we are abound to fall into one of these traps, and the biggest of the traps is the following of a non infallible.

Now I am going to give you certain signs from which you should try and draw a picture, then we shall see whose picture it is.

1.He becomes arrogant that he should avail of religious commandments from the Holy Infallibles (a.s.) and differs from him, so that he can establish his own Marja’iat by referring to these commandments as doubtful and divert the people towards his own Fatwas and make them dependent upon them. This is why Allah (s.w.t.) he left him to wander alone.

2.He has strayed from the straight path and regards his own commands as beyond reproach and irrefutable he makes it obligatory upon the people to follow them.

3.Instead of taking commandments from the Holy Quran and basing decisions on correct proofs and understand the truth about religion and call people towards understanding Imam e Zamana (a.s.) (As the Holy Prophet (s.a.w.) has said that anyone who dies without having understood the Imam of his time has died the death of unbelief, hypocrisy and ignorance), he concentrates upon the exoteric ordinances of religion like Prayer, Fast, etc. and diverts the people towards these matters instead of the real reason of life. This is to such an extent that they do not even think about anything else except the procedural matters of these acts and consider these to be the main reason of life.

4.He is a source of mischief for his followers in this life as well as after his death. He has led them astray in this life and will do the same after his death.

5.He entraps others in ignorance. In other words he wishes to keep people in a perpetual state of ignorance.

6.The ignorant among the people consider him to be the most knowledgeable of all.

7.In matters of religion he is always in a state of uncertainty and doubt. Although he never gains sure knowledge or conviction, he still claims that he is removing doubts from the people.

8.He has acquired that whose acquisition is better if it were of less quantity i.e. details of Furoo and that also based on conjecture. You know very well that some people spend their entire lives in the acquisition of this knowledge and are proud of it. If someone were to present the statements of the Infallibles to people then they get told ‘Are you better knowledgeable or those who spend their entire lives in the acquisition of this?’ Oh, only if they had indeed spent their entire lives in acquiring the commandments of the Holy Infallible (a.s.) and had not fallen in love with their own analogies and conjectures, and instead of the exoteric commands they would have directed people towards the true commands which is the understanding of the Holy Infallibles (a.s.).

9.He has invalidated the Fatwa of the previous one and replaced it with his own, although he knows that the next person will come and invalidate his one and replace it with another one. He considers Sharia as his slave so that whosoever wishes can issue any command that he feels like.

10.The truth of religion is totally different from his conjecture and analogy.

11.If there is a similarity between two matters then he applies the same ruling on both of them and does not consider this to be wrong.

12.In matters that he knowS not, he still audaciously issues a verdict on it.

13.He demeans the hadeeth of the Infallibles (a.s.) so that he can find a way for his analogy and conjecture.

14.He is not worthy of the knowledge that he claims to possess nor is he worthy that people should sort out their problems through him.

15.He himself does not know that the verdict he has issued is correct or not. If it is right then he still doubts that it might be wrong and vice versa. (You can collect all the Fatwas of the Mujtahids and you will see that they will end with the words ‘Allah Knows best’. The simple meaning of this is that ‘I have issued this verdict based on my analogy but only Allah (s.w.t.) Knows what the correct verdict is).

16.Those who do not endeavor to acquire religious knowledge for themselves live an ignorant life and die in a state of straying.

17.Imam Ali (a.s.) has defined their characteristics as : ‘When the true meaning of the Holy Quran as presented to them they consider it to be worthless, whilst if meanings are derived from it by manipulation of verses then this becomes the most valuable thing for them’. (Refer to Ayatullah Ali AL Haeri’s statements on Surah Al Tawba).

THE END RESULT OF FATWAS

This chapter is coming to an end but will remain incomplete if I do not explain the end result of all these Fatwas that are being issued. These are not my words but those of Allama Hilli. This is so famous that it does not require any evidence.

After the death of Allama Hilli some good people saw him in a dream and asked him as to what had transpired with him after his death. He replied: ‘Had I not written the books ‘AL FEYN’ and ‘ZIYARAT AL HUSAYN’, then my Fatwas would have destroyed me.

The truth has been delivered to you. My proof over you is now completed. Who will be able to guide the one whom Allah (s.w.t.) has left alone?

CHAPTER 4: IJTIHAD

Before I start discussing this important topic I think it is better if I were to mention a few points.

The majority of us, in fact the majorities of the majority are of the understanding that whatever you hear you should accept and not try to find out what the reality is. That is why when someone tries to explain the reality to them, they are surprised when it contradicts with their beliefs which they know nothing about, and then they start arguing. Therefore it is better for me to explain a few things beforehand so that it would cut out unnecessary arguments later on.

IJTIHAD

Ijtihad is the maximum efforts of a jurist to enable him to get the presumption of a Sharia law - Allama Asad Haider.

This is not my definition but one that I have taken from a Mujtahid and therefore am free from any blame. Anyhow, I thank Allah (s.w.t.) that in the very beginning it has reached the minds of my readers that Ijtihad has nothing to do with certainty. If the foundation of Sharia law were to be set on Ijtihad, which permits conjecture, then the result would be subject to doubt.

Let me quote another Mujtahid, Allama Bakhshahi of Tehran from his book ‘Imam Ja’far Al Sadiq (a.s.) Peshwa U Mazhab’, where he states: ‘The significance of Ijtihad in relation to Islamic Law is such that a Mujtahid takes the raw material of information and then processes it in his factory by doing Ijtihad and then supplies the final product to the Islamic Society. This is why the thinker Agha e Mutahhari has referred to Ijtihad as the engine that drives Islam.

Apparently it cannot be refuted that during the times of the Inafallibles (a.s.) the term Ijtihad was not there, and even in the traditions it has never been used like it is being done today in reference to the Shia and the Sunni jurists. This term was neither used to refer to the Infallibles (a.s.) nor did they use it for any of their companions who were scholars.

He goes on to say that, ‘We also see that until the 4th and the 5th century Hijra, the scholars use to make use of the term Ijtihad in reference to analogy and opinion. For example Sheikh Tusi in his book ‘Uddat Ul Usool’, in one of his arguments has referred to Ijtihad to mean analogy’.

Let us take a breather here and let this sink in for a while.

1.The terms Ijtihad and Mujtahid have nothing to do with the Holy Infallibles (a.s.) and they never used these words in the manner that is being done today.

2.The Infallible Imams (a.s.) never appointed any Mujtahid to be a guide for the people and therefore a Mujtahid can never be a NAIB-E-IMAAM. (Appointed representative).

3.The terms used by the Infallbile Imams (a.s.), like scholar or jurist can never be taken to mean Mujtahid.

4.In both the Sunni and Shia schools the terms Ijtihad and Mujtahid are both being used in the same meaning.

5.Ijtihad and analogy are two names of one thing.

It is my view the term Ijtihad has been clarified sufficiently, but for the contentment of the mind I would like to refer to Mufti Ja’far Hussain’s commentary on Nahj Ul Balagah’s Sermon No. 18:

‘It is the view of the Imamia Sect that Allah (s.w.t.) has not authorized anyone to make laws of Sharia nor did He (s.w.t.) Command anyone to act according to a Mujtahid’s opinion.  There are no two Orders for that same issue. Whichever the opinion that the Mujtahid finally concludes, is regarded as sufficient both for himself as well as his emulators. But, this is regarded as an apparent command which is in replacement of the actual command. He has dived into the sea of knowledge and tried to get to the pearl, but ended up with only its shell, but he does not say that his emulators should consider it as a pearl and get its value accordingly. It is another thing that the valuer would value it at half its value so that his efforts do not go to waste and his courage does not break.

I have only mentioned the above so that their viewpoint can be understood. I shall be analyzing this and pointing out its shortcomings at its appropriate place.

QIYAS (ANALOGY)

In religion the meaning of Qiyas is the application of a command in one matter to another matter based on a common ground. This then demands that the order should be the same for the two matters. -  (Commentary of Sahifa Kamila by Mufti Ja’far Husayn)

ISTAMBAAT

This means the extraction of religious law based on the application of logic by the Jurist. (Al-munjid)

Now that these three definitions have been explained, we now come back to the main topic of this book, Ijtihad.

BEGINNING OF IJTIHAD IN SHIA SECT

Whenever you wish to know about something then you have to look at its inception, otherwise you will not be able to understand its conclusion. Its like trying to untangle a knot, one has first to look for one of its ends and then try and untangle it.

That is why my Master the Commander of the Faithful (a.s.) has said: When you are in doubt about a matter, you can understand it ending by looking at its beginning. Therefore it is necessary that we look at the inception of Ijtihad so that its reality may dawn upon us.

I have pointed out in Chapter 2 how Ijtihad entered among the Sunnis. In practical life this started during the era of the 1st caliphate and then the second and carried on to the extent that those who were considered to the companions used to think that it was their birth right to use their own opinion in matters of religion. This is why the Sunnis regard all companions to be Mujtahids and cover up their mistakes by regarding it as an ‘error of Ijtihad’. It was later on, at the time of Abu Hanifa that Ijtihad was done in an organized manner, when he started commenting on the Holy Quran based on his opinion and declared some Hadeeth to be of a doubtful nature. This gave him an open field to play in. Later on many others followed on from him and created their own sects. They also created the principles of jurisprudence which formed the basis of Sharia law. (Al Risalat Ul Ilmiya Fi Akhbar Ul Ma’sumeen - Al Risala for short) It has been quoted from Rawdat Ul Jannat by Muhammad Baqir Khonsari: ‘It is the unanimous view of all the scholars that the first one to set the principles of jurisprudence was Imam Shafei of the Sunnis’.

I am only delving into this for the sake of understanding it and not to narrate the history of Ijtihad among the Sunnis. This has nothing to do with us. It’s their affair. We are only interesting in finding out where this plague came from and how it was established among the Shias.

Allama Bakhshashi has quoted his book, ‘Imam Ja’fer Al Sadiq (a.s.) Peshwa O Raees E Mazhab’ that the first Shiite scholar who used the term Ijtihad in the other meaning was Allama Hilli (died 726 AH) who in his book, in the chapter of Ijtihad used the term Ijtihad in the same meaning that it is being used today in. This was the time period in which the term Ijtihad accepted the Shiites or, shall I say, the Shiites accepted Ijtihad.

Well, that was the 8th Century AH. Let us now go back a little. Allamah Muhammad Baqir Kamrohi’s book, in his preface of Sheykh Saduq’s book Al Khisal he says: Among the Shiites, until the end of the 4th CenturyAH, on the Holy Quran and the Traditions of the Infallibles used to be the source of law. But, when they started following the scholars of other sects, they started writing books on Principles and Jurisprudence; they introduced Consensus and Evidence of reason also as sources of law. When it was pointed out to them that this was against the teachings of the AHl Ul Bayt (a.s.), they tried to explain it away by saying that the consensus includes the person of the Infallible Imam (a.s.), whilst the evidence of reason on its own is not a source but is part of the evidence which forms the law. This then led to the introduction of analogy (Qiyas) in the Shiite sect.

This was the time when referring to the Holy Quran and the traditions as sources of law, came to an end. Those than hung on to these two weighty things as the only sources of law lost the attraction of the scholars and the attention of the people.

Let me clarify the claim that ‘by consensus we mean that the Infallible Imam (a.s.) is included therein’. Now it is up to you if you wish to accept this claim without any evidence, however, it does not make sense. If you were to look at the discussions of these scholars you will see that they differ vigorously among themselves on many small and big issues. This proves that the person of the Infallible Imam (a.s.) is not present among them and part of their differences. The purpose of the Infallible Imam (a.s.) is to remove differences and not to create them.

Furthermore, since they started to create a parallel system in contrast to the unconditional obedience to the Infallible Imam (a.s.), how is it possible for the Infallible Imam (a.s.) to be part of this discussion and be agreeable to their analogies?

It has been clarified that the Shiite Sect was clean from the impurities of Ijtihad up until the end of the 4th Century AH.

Now, it is said that ‘Excuse for the sin is worse than the commission of it’. In this way they have sacrificed the Traditions of the Holy Infallibles (a.s.) at the altar of the rules which they took from the Sunnis. Their assertion that the evidence of reason and consensus are the tools with which they uncover the sayings of the Holy Infallibles (a.s.) is also invalid, because these two tools can have something to do with Imam Shafei of the Sunnis since he was the one who made these up, but they cannot have anything to do with the Holy Infallibles (a.s.) since they (a.s.) neither mentioned nor commanded the use of them.

We are discussing the period of the 4th Century AH, but this matter goes further. As I have said before, Marjaiat is an intoxicant like none other. Even at the time of the minor occultation, despite having respect for the last of the Imams (a.s.), they had started thinking about establishing their Marjaiat. The first thing they did was to introduce the term ‘Naaib e Imam’ (Representative of Imam) and adopt it for themselves. They were soon reprimanded for this from the letters that came of Imam (a.s.), and so the Shias were kept safe from the deceptive traps of Satan.

As soon as the major occultation started, the desires of these deceitful people came to fruition. What they then did was to refer the four messengers of the Imam (a.s.) as ‘the four representatives’ and made them well known as such, despite the fact that these four noble people never used this term for themselves. There is no mention anywhere in history of the usage of this terminology for these four noble people. Al Kafi was compiled during the minor occultation and does not refer to this term anywhere. Man La Yahzur Ul Faqih was written immediately after the start of the major occultation and there is not mention of this terminology anywhere in it either. Is it not strange that the Shias of that time had neither heard of these ‘representatives of the Imam’ nor had any knowledge of the ‘four representatives’. It was centuries later that some people had ‘revelations’ that these terms should be pasted onto these four messengers of the Imam (a.s.) so that they should begin to be known as such among the people. This was done so strongly that if today someone were to try and uncover the veil in order to explain reality, then the people would oppose him vehemently. The whole purpose of this was that sometimes in the future they themselves would be able to adopt these terms for themselves and there would be no objection from the people. One twist in this tale is that those that referred to the four noble messengers of the Imam (a.s.) as the four ‘special representatives’ (Naaib e Khaas), and adopted for themselves the term ‘general representatives’ (Naaib e Aam) were neither Mujtahids themselves, nor were they issuing any verdicts (Fatwas), nor did they believe in the principles of jurisprudence, nor did they ever invite people to emulate them (do their Taqleed). These ‘special representatives’ only used to convey the commands of the Imams (a.s.) and that’s it. So, they did not profit from this policy and so let us see why they did it.

There are too many veils that have covered the events during the minor occultation and it is no easy task to lift these and come to know the reality. If you were to listen to the statements of these people or peruse their books you will feel that (God forbid) the period of the minor occultation was devoid of guidance. Only a few of his letters and miracles will be seen, as if the whole of his (a.s.) network was engaged in the sole activity of the collection of Khums. Someone will be seen to be bringing Khums in a canister of oil or someone will be bringing it concealed in a piece of cloth.

When they had looked at the profitability of the situation, they then had the audacity to declare themselves as being representatives of the Imam, and these days even Imams.Ijtihad and the principles of Jurisprudence were systematically introduced among the Shias from the Sunnis.

You may be astounded by this colourful display. These are not my words, but those of Allamah Syed Baqir Musavi Khownsari from his book ‘Rowzat Ul Jannat Fi Ahwal E Ulama O Sadaat’.

Muhammad Bin Junaid who was a resident of Baghdad, and was known by the title of KATIB (Writer), was the first person who laid the foundation of Ijtihad in the Shiite world by adopting the principles of Jurisprudence from the adversaries. He followed Hasan Bin Aqeel Nu’mani in this concept and lived at the time of Muhammd Bin Yaqoub Kulayni. These two jurists are known as the Two Old Ones. Sheykh Toosi was the first one to follow the footsteps of Ibn Junaid who issued a number of religious commands against Yaqoub Kulayni, prompting the other scholars to try and affect a compromise between the two in order to prove both of them to be correct.

In this regard those that went against the companions of the Infallible Imams (a.s.) by using the evidence of reason, the art of theology and the analogy, were Muhammad Bin Junaid and Hasan Bin Aqeel Nu’mani. Then came Sheykh Mufeed, who made conjecture a beloved thing from what he wrote, and his companions Syed Murtadha and Sheykh Toosi who forwarded the method of Ibn Junaid and Ibn Abi Aqeel to the next generation. After this, Allama Hilli made the principles of the adversaries an obligation and got the aggressive support of both the Shaheed E Awwal and Shaheed E Thaani.

The first one to make the claim that the majority of Traditions are such that they have been derived from those books which were written on the instructions of the Infallible Imams (a.s.), upon which the Shias used to act and will continue to do so during the major occultation, was Sheykh Ali.

The Mujtahid Muhammad Idris Hilli was the first one to declare that any tradition which has only one narrator cannot be relied upon and no knowledge can be gained from it, because they do not contain any law from which a decision can be concluded. Sheykh Ta’ifa, Syed Murtadha, Sheykh Toosi all acted upon this regulation.

You have just seen what an old Mujtahid Allamah Muhammad Baqir Khonsari has explained above. Now let us see what conclusions can be drawn from all this.

1.The Mujtahid Ibn Junaid is the founder of Ijtihad in the Shia Sect, but he was himself in the Taqleed of Hasan Bin Abi Aqeel Nu’mani and they both were at the time of the Minor Occultation.

2.These two elders are referred to as the ‘Two Old Sheykhs’ (Qadeemain’).

3.Ibn Junaid is the first Shia Mujtahid to not only adopt the principles of Jurisprudence of the Sunnis but also made these a part of the Shia Sect.

4.The great Mujtahid who completed the adoption of these principles as part of religion was Sheykh Toosi.

5.Ibn Junaid lived at the time of Sheykh Yaqoub Kulayni the narrator of traditions, and openly opposed him.

6.The words, ‘Some Mujtahideen tried to make a compromise between the two and try and prove both of them to be correct’ testifies that there were some scholars who had the same Ijtihad mentality.

7.The vehement opposition to Sheykh Yaqoub Kulayni shows that the process of Ijtihad had already started and the road to the guidance of Infallible Imam Mahdi (a.s.) was being blocked. These people were backed by the government of that time because Ibn Junaid was a minister of Mo’iz Ud Dowla in the Buyid period.

8.The Mujtahids of that time stopped following the traditions and started opposing the great collector of traditions Sheykh Yaqoub Kulayni, who presented to us his monumental book ‘Al Kafi’, which is based on the original principles of religion and is regarded as a reliable book, vehemently opposed him in opposition to the Traditions of the Holy Infallibles (a.s.) started following their own opinions based on conjecture and analogies and gave preference to Ijtihad.

If this religion of the Mujtahids were to be analysed, what would be the criteria for it? Personal opinions, personal choice, personal circumstances or the words of an Infallbile?

Certainly those that are aware and love their religion would say that the criteria should be the words of the infallible Imam (a.s.). So, without any hesitation I would like to quote one tradition from Al Kafi and let you decide.

Imam Jafar (a.s.) said, “People have been ordered to get our understanding, and to turn to us (rujoo) and obey what we say. If these people fast , offer prayers , and give testimony of allah but have this thing in their heart that they would not turn to us , they would become polytheists” - AL KAFI.

Now look at some more from Rowzat Ul Jannat :

1.The first person to say that truth can only be reached by four sources - The Holy Quran, Coincidental traditions (Hadees), The Evidence of Reason (Aqal) and Consensus (Ijma), was Abu Huzaifa Wasil Bin Ata who was the first one to be referred to as a Mu’tazilite. He is the leader of the misguided and the father of the Mu’tazilites. He used to live in Medina and has the title Abu Huzaifa Ghazali.

2.It is the unanimously accepted view of all the scholars that it was Imam Shafei who first made up the principles of jurisprudence.

The more you look into these Mujtahideen the more shocking revelations you will come across and you realize that the reins of this matter are in the hands of the adversaries.

The main problem is that the Shiites have been impressed by the general appearance of these Mujtahids who have adopted the apparent religion of the Infallible Imams (a.s.), but follow their adversaries. The Shias, when they look at their turbans and cloaks that they wear, get easily influenced by them and consider their words as being the guidance of the Holy Infallibles (a.s.).

EVIDENCE OF IJTIHAD FROM THE HOLY QURAN

It has now become clear from the words of the Jurists themselves that Ijtihad, by its word and its meaning has been taken from the Sunnis and it has nothing to do with the religion of Ahl Ul Bayt (a.s.). The focus of the people has been turned away from the Ahl Ul Bayt (a.s.) and towards the Jurists. They quote from the Holy Quran in order to justify their misdirection and quite surprisingly the Shiites have believed them. This is the result of staying away from religion that every one tends to lend his ear to anyone who calls to them and ends up mortgaging his intellect to him. They not only lose their religion to them but their wealth as well. They then end up making enemies out of those who reject the fallibles and only follow the Infallibles (a.s.), and only emulate those whose obedience has been commanded by Allah (s.w.t.) and they do not include others in this matter.

Anyhow, let us now examine the Verses which are presented as proofs of the establishment of ijtihad. Incidentally, these verses are the same that are presented by the Sunnis for the justification of their Ijtihad.

The verse is from Sura Tawbah (Repentance) 9:122:

وَمَا كَانَ الْمُؤْمِنُونَ لِيَنْفِرُوا كَافَّةً فَلَوْلَا نَفَرَ مِنْ كُلِّ فِرْقَةٍ مِنْهُمْ طَائِفَةٌ لِيَتَفَقَّهُوا فِي الدِّينِ وَلِيُنْذِرُوا قَوْمَهُمْ إِذَا رَجَعُوا إِلَيْهِمْ لَعَلَّهُمْ يَحْذَرُونَ

[Yusuf Ali] Nor should the Believers all go forth together: if a contingent from every expedition remained behind, they could devote themselves to studies in religion and admonish the people when they return to them― that thus they (may learn) to guard themselves (against evil).

[Mohsin Khan] And it is not (proper) for the believers to go out to fight (Jihâd) all together. Of every troop of them, a party only should go forth, that they (who are left behind) may get instructions in (Islâmic) religion, and that they may warn their people when they return to them, so that they may beware (of evil).

[Pickthal] And the believers should not all go out to fight. Of every troop of them, a party only should go forth, that they (who are left behind) may gain sound knowledge in religion, and that they may warn their folk when they return to them, so that they may beware.

[Shakir] And it does not beseem the believers that they should go forth all together; why should not then a company from every party from among them go forth that they may apply themselves to obtain understanding in religion, and that they may warn their people when they come back to them that they may be cautious?

Now, some of you will be of those who recite the Holy Quran quite regularly and some of you might have even read some of these commentaries. Tell me the truth, from the above translations; can you even catch a glimpse of the permission of Ijtihad or the justification for it?

Let me now quote from Syed Ali Haeri’s book where he has referred to the above verse as, ‘In Sura Tawbah it has been revealed that it is not the responsibility of all the believers to travel for the sake of acquiring knowledge, but a group from among them should endeavor to gain the knowledge of jurisprudence and wisdom so that when they return to their people and warn them then maybe they will fear the punishment of Allah (s.w.t.)’.

He then comments on this that ‘Therefore, a few matters can be proven from this verse. Firstly, the acquisition of knowledge is a collective responsibility and not an individual one.

Secondly, there is no need for the general public to indulge in this exercise as they are handicapped by simply being members of the general public. It is now obligatory on the educated ones to teach the ignorant about matters of religion.

Thirdly, the warning has to be based upon the knowledge of the allowed and the forbidden and the Commands of Allah (s.w.t.). This warning deals with logic and verdicts because the Mujtahid talks without mentioning the Divine Verses and Hadeeth. Ijtihad is therefore necessitated because until such time as the Mujtahid is well versed in religious matters it is not possible for him to warn the people, and if he does, without being well versed, then he cannot be relied upon.

Fourthly the words ‘Maybe they will fear’ prove Ijtihad, because the public is listening to them without any proofs and act upon these bears testimony that they have the fear of God in them. They themselves do not possess the ability to acquire this knowledge because they are emulators (Muqalliden). Ijtihad is thus proven.

I am convinced that your eyes will have been opened after listening to the above arguments. The way Ijtihad has been proven by the above points makes me feel as if someone is telling me that ‘The day has dawned, the sun is shining, there is also a cool breeze and the branches of the tree are in motion, this therefore proves that there is a crow sitting on the tree’.

The following points are actually proven from this discussion:

1.The words ‘Obtaining understanding in religion’ has been translated as ‘The knowledge of Jurisprudence’.

2.Acquisition of knowledge is only for a few and not for all.

3.The whole of the Shiite world has been described as illiterate, and this is what actually suits the Mujtahids as illiteracy of the people is profitable for their business.

4.The verdicts of the Mujtahids have been considered as the Commands of Allah (s.w.t.).

5.‘Warning’ has been taken to mean Ijtihad and these warnings can only be done by logic and verdicts.

6.The idiocy and stupidity of the people has been made the reason for Ijtihad as they neither ask for any proofs nor for any references. They just bow their heads to the statements of the Mujtahids and follow them blindly.

7.The Mujtahids have been declared as being ‘well versed in knowledge’.

If you go through the above points again you will realize that this mujtahid has placed certain accusations on none other than the Words of Allah (s.w.t.) i.e. the Holy Quran Itself.

1st Accusation

The acquisition of knowledge is only for some people and not for all whereas Allah (s.w.t.) and the Holy Prophet (s.a.w.) have commanded us to do otherwise. Not only in the verse under discussion, but in the entire Holy Quran there is no indication for the acquisition of religious knowledge incumbent upon only a few. This audacious attitude is only being promoted for the preservation of the institution of Marja’iat and to keep people ignorant in opposition to the Commands of Allah (s.w.t.) and the Holy Prophet (s.a.w.).

2nd Accusation

Not only in this verse, but in the entire Holy Quran, Allah (s.w.t.) has never referred to the believers as illiterate, or stupid or dishonorable people like this Mujtahid has. In the Holy Quran words like ‘Ignorant’ etc. may have been used for the unbelievers, polytheists and the hypocrites but not for the believers. Allah (s.w.t.) has referred to the believers as ‘people of intellect’ etc. but never used any ugly words for them. Nowhere has it been said that the warner or the one who enjoins good and forbids evil should be a person of a particular level of knowledge. In fact this is proven from the fact that based on the verdicts of the Mujtahids themselves the enjoining of good and forbidding of evil has been included in the branches of religion thereby expecting everyone to perform these acts and not the Mujtahids only. Whosoever knows whatsoever should warn those that are unaware of it and it is not necessary to be a Mujtahid before one can do this.

3rd Accusation

There is nowhere in the Holy Quran anything devoid of evidence or proofs. It is not allowed to issue verdicts without making any reference to Hadeeth as they claim it to be. There are many places in the Holy Quran where we have been told to ask for proofs and to give proofs. Allah (s.w.t.) Himself has given proofs of the claims that He (s.w.t.) has made and asked people to produce their proofs for their claims. So who are these people who consider themselves to be above the provision of proofs or evidence or reference? The Holy Quran has in fact forbidden the religions without proofs or blind imitations, and so from the Holy Quran, neither is Ijtihad proven nor Taqleed.

The reason why the Mujtahids have made use of this verse is because they saw the word ‘Layatafaqqahu’ in it and they thought that it would be a good idea if they were to translate it as ‘Usool Fiqh’ (Principles of Jurisprudence), which were actually made up some 200 years after the passing away of the Holy Prophet (s.a.w.). In this way they altered the meaning of the verse to allow them to place a lot of weight behind jurisprudence, so that the people would think that the Jurisprudence of the Mujtahids has actually been commanded by Allah (s.w.t.). This was despite the fact that this word has been used in many places in the Holy Quran to denote ‘understanding’.

If we were to look at the statements of the Holy Infallibles (a.s.) then we would see that this word has been used in the same manner. For example when Imam Husayn (a.s.) wrote a letter to Habib Ibn Mazahir to invite him for help then he addressed it as ‘From Abu Abdillah Al Husayn to a man of understanding (Rajool Un Faqih) Habib Ibn Mazahir’.

Can someone now tell me as to which Usool Fiqh did Habib Ibn Mazahir study or whether he used to issue any verdicts (Fatwas)? When you study the whole of Imam Husayn (a.s.)’s letter you will realize the connotation of the epitaph ‘Man of Understanding’ that he (a.s.) used for Habib Ibn Mazahir. He (a.s.) says in his letter ’O Habib! You are aware of our station and position, therefore come to our help’. It is now established that according to Imam Husayn (a.s.) the ‘Faqih’ is one who understands the position and the station of the Imam (a.s.). This word has no relationship with the branches (Furoo) of religion.

Now let us look at the meaning in which the Mujtahids take to be the meaning of ‘Faqih’.

Al KAFI H 206, Ch. 22, h8

it is reported that: A number of our people have narrated from Ahmad ibn uhammad ibn Khalid from ‘Isma’il ibn Mihran from abu Sa‘id al-Qammat and Salih ibn Sa‘id from Aban ibn Taghlib who has said the following: “Once a man asked a question from Imam abu Ja’far, recipient of divine supreme covenant, who replied to it, and then the man said, ‘The Fuqaha (scholars of law) do not say this.’ “The Imam then said, ‘It is a pity. Have you ever seen a Faqih (a scholar of law)? The real Faqih is one who maintains restraint from worldly matters, who is deeply interested in the life hereafter and holds firmly to the Sunnah (noble tradition of the Holy Prophet, recipient of divine supreme covenant).’”

In AL KHISAL Imam Ja’far Al Sadiq has said: A man becomes a FAQIH by leaving greed and personal desires to the extent that he becomes unaware of what he is wearing or has even eaten.

These traditions have effectively eradicated the definitions of the Mujtahids.

When we read history we see that most of the lives of our Imams (a.s.) have either been spent in prisons or they have lived in their own cities. So then who used to give verdicts (Fatwas) in far flung areas where people did not have the direct contact with the Imams (a.s.)? If people of those areas were in need of Mujtahids then who were the people appointed by the Imams (a.s.) as Mujtahids for those people? If there was no need for the Mujtahids at that time then there is no need for them today. As far as newly occurring problems as time goes on is concerned, God willing, this shall be discussed in the next chapter.

The author of ‘Al Risala’ has indulged in additional discussion on this verse. ‘In this verse two terms ‘Fiqh’ and ‘Tanzeer’ (Warning) are used by these people to prove Ijtihad. I have done the exposition of the term ‘Fiqh” above. Now let us look at the other term ‘Tanzeer’ (Warning). Firstly let us look at the Mujtahideen of today. After the revolution of Iran, now that the government is in the hands of the ‘Ayatullahs’ and the ‘Hujjatullas’, and they have their own schools of learning, it has become obligatory on every group that they should send their representatives to Iran in order to learn Jurisprudence from them so that on their return they can warn their own people who would then be able to save themselves from the ‘punishment of Allah (s.w.t)’.

First of all they should explain to us as to how did the term ‘Tanzeer’ come to mean Ijtihad. This term actually means to warn people of the punishments of the hereafter if they were to indulge in bad deeds. For proof, I hereby refer you to the verse revealed for the day of ‘Be’that’:

وَأَنذِرْ عَشِيرَتَكَ الْأَقْرَبِينَ

[Shakir 26:214] And warn your nearest relations,

I cannot understand which part of this verse indicates that Fatwas should be given based on analogies and consensus. This verse neither proves Jurisprudence nor its principles, nor Mujtahids nor Ijtihad, nor the issuance of Fatwas.

After this illogical struggle of the Mujtahideen let me refer you to explanation of the Holy Infallibles (a.s.) about this verse. Sheykh Saduq has recorded in his book ‘Allal U Sharaai’ that Imam Al Ridha (a.s.) in his explanation of the Pilgrimage (Hajj) said : “ From whatsoever that is there for them in this congregation of Hajj, it is also that they should gain their understanding of religion of the Imams (a.s.) and spread if in every corner of this earth because Allah (s.w.t.) has Commanded in the Holy Quran that why don’t some people from all sects come out and obtain their understanding of religion from the Infallible Imams (a.s.) in whose service Hajj is being done. And when they return back to their people they should relate to them the understanding that they have had from the Infallible Imams (a.s.) and warn them so that they would save themselves from the forbidden things. They must and must be a witness over their own benefits.

I hope that after this it will be clear that this verse 9:122 has nothing to do with Ijtihad or going to a ‘Hawza’ but it is for the annual Pilgrimage where the congregation is to gain knowledge of the traditions of the Infallibles (a.s.) and spread them across the world.

This whole issue of Ijtihad was created from not understanding religion and the misuse of the term ‘Understanding of religions’ (Tafaqqoh Fil Deen). When the meaning of religion will be explained to you it will then the whole game will become clear to you which has been played on the premise of the people being ignorant.

You should know that religion (Deen) is a set of beliefs (Usool) whereas religious laws (Shari’at) is both of the ‘Usools’ and ‘Fur’oos’ put together. This is because the belief never changed because from Adam (a.s.) to The Holy Prophet (s.a.w.) there was only one religion.

إِنَّ الدِّينَ عِندَ اللّهِ الإِسْلاَمُ

[Shakir 3:19] Surely the (true) religion with Allah is Islam,

Since Shari’at is a combination of ‘Usools’ and ‘Fur’oos’, therefore Shari’at keeps changing over time as the ‘Fur’oos’ change. For example let us look at what Allamah Hilli has said in his book ‘Ahsan Ul Aqaaid’ on pages 8 and 9 : ‘In the Glorious Quran the Usool have been referred to as ‘Deen’ and the combination of both the ‘Usools’ and ‘Fur’oos’ has been referred to as Shari’at. Religion has always been one whereas Shari’ats have been five as in the verse:

شَرَعَ لَكُم مِّنَ الدِّينِ مَا وَصَّى بِهِ نُوحًا وَالَّذِي أَوْحَيْنَا إِلَيْكَ وَمَا وَصَّيْنَا بِهِ إِبْرَاهِيمَ وَمُوسَى وَعِيسَى أَنْ أَقِيمُوا الدِّينَ وَلَا تَتَفَرَّقُوا فِيهِ كَبُرَ عَلَى الْمُشْرِكِينَ مَا تَدْعُوهُمْ إِلَيْهِ اللَّهُ يَجْتَبِي إِلَيْهِ مَن يَشَاء وَيَهْدِي إِلَيْهِ مَن يُنِيبُ

[Shakir 42:13] He has made plain to you of the religion what He enjoined upon Nuh and that which We have revealed to you and that which We enjoined upon Ibrahim and Musa and Isa that keep to obedience and be not divided therein; hard to the unbelievers is that which you call them to; Allah chooses for Himself whom He pleases, and guides to Himself him who turns (to Him), frequently.

The Verses clearly show that the religion of all these five great prophets was one whereas they had five different set of laws. In fact all the prophets came with the one and only religion as has been mentioned in the verse before that ‘Surely the religion with Allah is Islam’.

The point to ponder over is this that if there was a Command to ponder over Shari’at then some sort of argument could have been made to delve into the principles of jurisprudence, however, the Command is to ponder on religion (Deen) and therefore it can only mean to try and understand the beliefs. This is why Imam Husayn (a.s.) referred to his Habib Ibn Mazahir as a ‘Man of understanding’ (Rajul Un Faqih). It is now proven that ‘Fiqh’ stands for the understanding of the station and position of the Imam (a.s.) and a Faqih (Jurist) is one who understands the true Imam (a.s.).

I think more than enough has been written about this verse now, that those who reflect over their religious matters just as they do over their worldly affairs, will be able to come to the correct conclusion about it, and this is my aim. As for those that come under the definition of this sermon of the Commander of the Faithful Imam Ali (a.s.): ‘The third group of people is one who responds to every caller and follows him, and change their direction according to whichever way the wind blows’ as well as for those that consider it forbidden upon them to ponder over religious matters or reflect upon their hereafter, and prefer to blindly follow a non-infallible as proof of their religiousness, and those who take pleasure in throwing away their religion and their wealth, then I have nothing to do with these people nor am I addressing them in this book. I am convinced that there is no shortage of people who consider intellect and pondering over matters to be a mark of a human being. If one were to make them aware of the truth then they will not refute it without thinking over it, or consider the weight of evidence or proofs.

The other verse that is used to prove Ijtihad is:

وَإِذَا جَاءهُمْ أَمْرٌ مِّنَ الأَمْنِ أَوِ الْخَوْفِ أَذَاعُواْ بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُوْلِي الأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ وَلَوْلاَ فَضْلُ اللّهِ عَلَيْكُمْ وَرَحْمَتُهُ لاَتَّبَعْتُمُ الشَّيْطَانَ إِلاَّ قَلِيلاً

[Shakir 4:83] And when there comes to them news of security or fear they spread it abroad; and if they had referred it to the Messenger and to those in authority among them, those among them who can search out the knowledge of it would have known it, and were it not for the grace of Allah upon you and His mercy, you would have certainly followed the Shaitan save a few.

I shall deal with this verse in the chapter of ‘Istambaat’ later on. In the next chapter I shall deal with the ‘Usool Fiqh’ (Principles of Jurisprudence) about which you have read earlier on.