Answer to an Enemy of Islam

the methods (usûl) and principles (qawâ’id) of their own
madhhabs. In the second grade were the mujtahidi fi ’l-madhhab,
the mujtahids belonging to a madhhab, such as the mujtahids
among al-Imâm al-a’zam’s disciples, who deduced rules from
documents by following the principles set by him. In the third
grade were the scholars called mujtahidi fi’l-masâ’il, who deduced
the rules for the matters that had not been mentioned by the
imâm al-madhhab and his disciples. They could not disagree with
them. The ’ulamâ’ such as at-Tahawî, Abû’l-Hasan al-Karkhî,
Shams al-a’imma al-Halwânî, Shams al-a’imma as-Sarahsî and
Qâdî Khân were in this grade. In the fourth grade were the as-hâb
at-takhrîj, who were not mujtahids. They explained the brief
statements and unclear rules of the mujtahids. Ar-Râzî was one of
them. In the fifth grade were the as’hâb at-tarjîh, who classified
the narrations in the order of their soundness. So were al-Qudûrî
and al-Marghinânî, the author of al-Hidâya. In the sixth grade
were the as’hâb at-tamyiz, who distinguished the qâwî, da’îf, zâhir
and nâdir narrations from one another. The authors of the books
Kanz, Mukhtâr and Wiqâya were among them. Those who were
in the seventh grade could not do any of these; none of them could
issue a fatwâ disagreeing with the madhhab unless there was
urgency or difficulty.
The religion reformer distorts this and claims that it was
prohibited to read or to act upon a book that did not belong to
one’s own madhhab. On the contrary, any Muslim, like the
scholars mentioned above, may read and learn the book of any
madhhab he wishes. He may transfer himself to another madhhab
if he wants to. When there is difficulty, that is, urgent necessity,
everybody can do the easy ways (rukhsas) permitted in his own
madhhab. If he cannot, he may do the easy ways in another
madhhab, thus getting out of the difficult situation. However,
when doing an affair in accordance with another madhhab, he has
to do the commands and abstain from the prohibitions pertaining
to that affair in that madhhab. For this reason, he has to have
learned the points which are necessary in that madhhab. Ibn
’Âbidîn writes at the beginning of the third volume of Radd almuhtâr
that Ibn Humâm was one of the as’hâb at-tarjîh. That is,
contrary to what the religion reformer says, he was, let alone being
a mujtahid mutlaq, not a mujtahid at all. Like any muqallid, he,
too, had to follow a madhhab. The religion reformer said before
that such scholars as Ibn ’Âbidîn were the imitators of the
imitators because they followed such muqallids as Ibn Humâm.
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