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?
0%
Author: Syed Baqir Nisar Zaidi
