A profile on Fatwa and its rulings

Definition of Fatwa:

Fatwa is giving the ruling for the asked question.[1] It is also used for the answer of the Mufty (one who gives the legal ruling).[2]

By this definition, it includes asking about the legal rulings and other things but what is meant here is the legal rulings.

It said: "He gave him a fatwa." that means "answered his question."[3]

The Legal Ruling is:

Allah's Ruling which is connected with the actions of the Mukallaf (those who meet the conditions to be held legally accountable for their actions).[4]

The Seriousness of Giving a Fatwa:

The position of a Mufty is very venerable in Islam, one of the sublime religious professions and a serious job. A Mufty gives a fatwa as if he is the vicegerent of Allah and the one entrusted with His Shari`ah and Religion. This entails maintaining the trust as well as conveying the Shari`ah truthfully. Therefore, the people of knowledge and Fatwa were described as the heirs of prophets and messengers who speak on behalf of Allah and the mediation between Allah and His Servants.

Muhammad ibn Al Munkadir said: "A scholar is the medium between Allah and His Servants, so he should be careful about how to convey the message."[5]

An-Nawawy said: "Let it be known that giving a fatwa is a serious matter, however, it is full of a great reward because a Mufty is an heir to the Prophets of Allah (peace be upon them). It is a collective duty to officiate the position of a Mufty but a Mufty is subject to danger. Therefore, people say: A Mufty is a vicegerent of Allah."[6]

Ibn Al Qayyim explained the status and the responsibilities of a Mufty saying:

"If the position of speaking on behalf of kings is undeniable and one of the highest ranks, so how about the position of speaking on behalf of the Lord of the earth and heavens? It is the duty of those who assume to this position to prepare themselves and get ready for it. They must know the status of this position and do not be afraid to tell the truth because Allah shall help and assist them in such a position. It is a position which Allah has singled Himself with, Allah says: "They ask your legal instruction concerning women, say: “Allâh instructs you about them, and about what is recited to you in the Book." [Surat Al Nisa': 127]. It is enough that Allah Himself has taken the responsibility of that position where He says in the Qur'an: "They ask you for a legal verdict. Say: “Allâh directs (thus) about Al Kalâlah (those who leave neither descendants nor ascendants as heirs)." [Surat Al Nisa': 176].

A Mufty must know that he is a vice-gerent of Allah in giving the legal ruling and he shall be asked about it and shall be standing before Allah.[7]

The Predecessors have warned against giving a fatwa.

The Predecessors used to watch out fatwa and abstain from it:

`Abdur-Rahman ibn Abu Layla said: "I have seen about 120 from the Ansar (the supporters) when one of them was asked a question, he passes it to the next and so on until it returns back to the first person."[8]

He also said: "I have seen about 120 from the Ansar (the supporters) in this Masjid and when one of them was narrating a Hadith, he wished his brother to narrate it instead and when he was asked about a Fatwa, he wished his brother to answer in his place."[9]

`Ata' ibn Al Sa`ib said: "I have seen some people whom when was asked about something, they answered in tremble."[10]

Al A`mash narrated from Abu Wa`il, Shaqiq ibn Salamah that he said: `Abdullah ibn Mas`ud said: "Anyone provides answers for all the questions asked to him, he must be crazy."[11]

Al A`mash[12] said: Al Hakam[13] said to me: "If I had heard this Hadith from you before that time, I would have abstained from answering many of the questions asked to me."

It was reported from Ibn `Abbas the same saying of Ibn Mas`ud.[14]

Abu Hasin `Uthman ibn `Asim said: "There are some people who answer questions easily but if the same questions had presented to `Umar ibn Al Khattab (may Allah be pleased with him), he would have gathered for them the people of Badr (to consult them about)."[15]

Malik ibn Anas used to say: "Anyone answers a question, he must first check to see whether his position shall be in Hell or in Paradise if he answers such a question, then he may answer."[16]

An-Nawawy said: Al Sayramy and Al Khatib said: Everyone is keen to give a fatwa and hasted to give it, they will not be correct in giving Fatwa and will be confused. If they disliked giving Fatwa but there was no other way but to give a Fatwa, they shall be supported by Allah and their Fatwa will be correct.

They used the Prophetic authentic Hadith as a proof to their saying: "Don't ask for authority because if it is granted for you, you would be commissioned for it (without having the support of Allah), but if you are granted it without seeking to it, you would be helped (by Allah)."[17][18]

Qualities of a Mufty:

An-Nawawy also said: "A Mufty must be pious, religious and knowledgeable. Malik (may Allah bestow mercy upon his soul) used to do what other people cannot stand and used to say: A Mufty will not be characterized by knowledge until he does things of piety which other people can not do. The same saying was reported from his Shaykh Rabi`ah.[19][20]

A Mufty must be careful not to be tricked by Satan in matters which many jurists have fallen in as Ibn Al Jawzy said: "Of which: Satan tricked them by convincing them that Fiqh alone is the knowledge of Shari`ah and when a scholar of Hadith is mentioned to them, they would say: He does not know anything. They have forgotten that Hadith is the source of all knowledge. When a heart-softening speech was mentioned to them, they would say: This is the speech of the preachers. "Of which: Giving a Fatwa without fulfilling its conditions and they may give a fatwa that is contradictory to the Shar`y texts and if they stopped and did not speak in such problem, it would be better."[21]

The literature of a Mufty and Mustafty (the one who asks for a Fatwa):

Of the literature of a Mufty and a Mustafty that the Predecessors used to have is: Abstaining to ask or answer things that have not fallen yet, things that man does not need, things were not ordained by Allah or His Messenger (peace be upon him) and things which may impose hardship to the questioner or may abuse him.

Muslim reported in his Sahih[22] the narration of Muhammad ibn Ziyad from Abu Hurayrah (may Allah be pleased with him) that he said: Allah's Messenger (may peace be upon him) addressed us and said: "O people, Allah has made Hajj obligatory for you; so perform Hajj. Thereupon a person said: Messenger of Allah, (is it to be performed) every year? He (the Holy Prophet) kept quiet, and he repeated (these words) thrice, whereupon Allah's Messenger (may peace be upon him) said: If I were to say "Yes," it would become obligatory (for you to perform it every year) and you would not be able to do it. Then he said: Leave me with what I have left to you, for those who were before you were destroyed because of excessive questioning, and their opposition to their apostles. So when I command you to do anything, do it as much as it lies in your power and when I forbid you to do anything, then abandon it."

Ad-Daraqutny reported the Hadith from another way saying: Allah's saying was revealed: "O you who believe! Ask not about things which, if made plain to you, may cause you trouble…" [Surat Al Ma`idah: 101][23]

It was reported in Sahih Al Bukhari and Sahih Muslim from Anas (may Allah be pleased with him) that he said: The Messenger of Allah (peace be upon him) addressed us. Thereupon, a man said: Who is my father? He said: "so and so." So, the following Ayah was revealed: "Ask not about things..."[24]

Ibn Rajab (may Allah bestow mercy upon his soul) mentioned those Hadiths and others in "Jami` Al `Ulum wAl Hikam".[25] He elaborated well on this point which we shall later mention in length. He says:

"Those Hadiths indicated the prohibition of asking about what is not needed and could harm the questioner such as: Is his final end to Hell or to Paradise? Is his father is the real biological father or someone else? Moreover, questions that are asked for mockery as many hypocrites do.

The similar to this is asking questions for obstinacy as the polytheists and the people of the Scriptures used to ask. `Ikrimah and others said: There was an Ayah revealed in this context.

The similar to this is to ask about things that Allah has concealed from His servants such as the question about the time of the Hour and about the nature of the Soul.

The Ayah also has indicated prohibiting Muslims from asking many questions about the lawful and the forbidden so that it might be a reason for imposing hardship such as asking whether Hajj is obligatory every year or not?

It is reported in the Sahih from Sa`d (may Allah be pleased with him) that the Prophet (peace be upon him) said: "The most sinful person among the Muslims is the one who asked about something which had not been prohibited, but was prohibited because of his asking."[26]

When the Messenger (peace be upon him) was asked about Li`an (a form of separation that happens between a husband and wife after an oath which is taken by both couple if any of them accuses the other of committing adultery), he disliked that people ask about such things. Later on, the questioner was afflicted with Li`an.[27]

The Prophet (peace be upon him) used to prohibit vain talk, asking too many questions and wasting of money.[28]

The Prophet (peace be upon him) did not give permission to anyone to ask questions but to bedouins and delegations in order to draw them nearer to Islam. As for the migrants and the Ansar (Helpers) who were living in Madinah and whose faith was firm, they were prohibited to ask about unseen matters as reported in Sahih Muslim[29] from Al Nuwwas ibn Sam`an who said: I have stayed with Prophet (peace be upon him) in Madinah for a year but I couldn't travel because I had to ask the permission of the Prophet (peace be upon him). Anyone who wished to travel, would ask the Prophet's permission to that.[30]

Anas[31] also narrated: We were forbidden that we should ask anything (without the genuine need) from the Prophet. It, therefore, pleased us that an intelligent person from the dwellers of the desert should come and asked him (the Prophet) and we should listen to it.

The Messenger (peace be upon him) denoted in this Hadith that busying oneself with fulfilling his commands and staying away from his prohibitions, will suffice the questioner from asking such questions. He said: "When I forbid you to do something, avoid it and when I command you to do something, do it as much as you can."

The thing which a Muslim should care for is to search for the commands of Allah and His Messenger (peace be upon him), exerting efforts in understanding these commands, then believe in such things if they are scientific. If it is one of the practical things, a person exerts himself to do what he was told and avoid the prohibitions.

Thus, were the Prophet's Companions and those who followed them righteously regarding seeking beneficial knowledge from the Qur'an and the Sunnah.

If the concern of the listener is directed to hear the commands and prohibitions of things that might happen in the future or might not and neglect the other authentic revealed commands, that will be included in the prohibition.

A man asked Ibn `Umar about touching the black stone? He said to him: I saw the Prophet (peace be upon him) touching and kissing it. The man said to him: What about if I could not reach it or was blocked from it? Ibn `Umar said: Forget about the word "what about". I have seen the Prophet (peace be upon him) touching and kissing it. (Recorded by At-Tirmidhy).[32]

The meaning that Ibn `Umar wanted to explain was: Do not engage yourself but in following the Prophet (peace be upon him). There is no need to suppose inability or the presence of hardship because it weakens one's determination. Seeking religious knowledge and asking about knowledge in general are praised if they were for application not for argument and dispute.

It was reported from `Ali (may Allah be pleased with him) that he mentioned trials would be at the end of time, thereupon, `Umar told him: When that will take place, O `Ali? He said: If knowledge was learn for other than religion and the world was sought through the actions of the Hereafter.[33]

Ibn Mas`ud (may Allah be pleased with him) said: What will happen if there is a trial that causes the young to be old, the old to grew older and this has become a regular action and changes for a day, it is said: this is strange? They said: and when that will happen? He said: when your trustworthy people are few in number, your emirs are many, your jurists become few, your reciters become many, knowledge is learnt for other than religion and the world is sought through the actions of the Hereafter. (Recorded by `Abdul-Razzaq in his book).[34]

Therefore, many Companions and those who followed them used to hate asking about the coming events before they take place and would not answer the raised question about them.

`Amr ibn Murrah said: `Umar came out to people and said: I forbid you to ask me about things that have not taken place yet because we have to work hard to fulfil what have been ordained before.[35]

Ibn `Umar said: Do not ask about things that haven't taken place for I heard `Umar cursing the one who asked about things that will take place in the future.[36]

When Zayd ibn Thabit was asked about something, he used to say: Did that happen? If they said: No, he would say: Do not ask about it until it happens.[37]

Masruq said: I asked Ubay ibn Ka`b about something and he said: Did that happen? I said: No. He said: Forget about it until it takes place and when that takes place, we would give you a Fatwa.[38]

Al Sha`by said: `Ammar was asked about something, so he said: Have that taken place yet? They said: No. He said: Do not ask about it until it takes place and when it does, we will give you an answer to that.[39]

As-Salt ibn Rashid said: I have asked Tawus about something? He reproached me and said: Did that happen? I said: Yes. He said: Allah? I said: Allah. He said: Our Companions have told us form Mu`adh Ibn Jabal that he said: O people, Do not haste for trials before them comes down here and there. If you do not rush affliction before it comes down, there will be among Muslims a group of people who will answer you correctly about things that you ask.[40]

People differed in this regard to many types: Some people of Hadith did not ask until the knowledge of the prescribed punishments were revealed to the Prophet (peace be upon him) and became a carrier of knowledge but without knowledge. Some jurists of Ahl Al Ra`y (People who follow analogical deduction) have gone too far in generating questions before actions take place. They busied themselves with searching for the answers and disputed about that until they differed. They did that for the sake of boasting and that is what has been prohibited by scholars and the Sunnah denoted its prohibition. As for the jurists among the scholars of Hadith, most of them care only for searching for the meanings of the Qur'an and the authentic Sunnah (Hadith compilations classified by jurisprudential themes) and the speech of the Companions and their followers to explain them. They also searched for the Sunnah of the Messenger of Allah (peace be upon him) and tried to distinguish the authentic Hadiths from the weak, understand it, then examine the speech of the Companions and their followers in different kinds of sciences such as Tafsir (explanation of the Qur'an), Hadith, the issues of lawful and prohibition, foundations of the Sunnah, asceticism, emotional exhortation...etc. This is the way of Imam Ahmad as well as the scholars of Hadith. Engaging oneself in such matters will hinder him from other important matters and will lead to dispute, erupting many rivalries, and idle talk. When Imam Ahmad was asked about the new matters which have no ruling in Shari`ah, he used to say: forget about those innovated mattes. The best thing that was said in such matters is the saying of Yunus ibn Sulayman Al Saqty: I have thought in matters and I found that there is a Hadith and an opinion. When I thought about Hadiths, I found them contain the mentioning of Allah (may He be Glorified and Exalted), His Lordship, Mighty, Greatness, the Throne, the description of Paradise and Hellfire, prophets and messengers, the lawful and the prohibition, preserving the ties of kinship, and all kinds of goodness. However, when I looked into opinions, I found deception, treachery, tricks, cutting the ties of kinship and all kinds of evil.[41]

Ahmad ibn Shabbawayh said: who wants to know what is going on in the grave, he should see the remnant of the past people and who wants to know just how to live in this world, he should follow opinions.[42]

Those who went on their way to pursuit knowledge as we explained, they will be able to understand most of the current events because they are found in those referred to principles. Following that way must be behind the imams whose uprightness is beyond doubt such as Al Shafi`y, Ahmad, Ishaq, Abu `Ubayd and those who followed their path. Those who claim to follow that way without following their track have fallen into trials, followed a way that should not be followed and deviated from the straight path. The only important thing is to do it for the sake of Allah by Knowing what has been revealed to His messenger, following his path, act according to his teachings and calling the people to his teachings. Anyone who does this, Allah will guide him, provide him with success, taught him what he did not know and was among the scholars who were praised in Allah's saying: "It is only those who have knowledge among His slaves that fear Allâh." [28] He shall be one of those well-established in knowledge.

Nafi` ibn Yazid It was said: Those who are well-grounded in knowledge: those who humble themselves before Allah, and who humble themselves for the sake of Allah. They do not show off over their superiors and do not humiliate their inferiors.[43]

This is certified by the Prophet's saying: "The people of Yemen have come to you. They are the purest hearts, and tender-hearted. Faith is Yemenite, Fiqh is Yemenite and wisdom is Yemenite".[44]

This is an indication to Abu Musa Al Ash`ary and those who followed his path from the people of Yemen, then to a people such as Abu Muslim Al Khawlany, Uways Al Qarny, Tawus, Wahb ibn Munbih and the rest of the scholars of Yemen. All those scholars are the true scholars who fear Allah. Some of them are more knowledgeable about the rulings of Allah and Shari`ah than the others. They were not distinguished from people by gossip, search or arguing. Likewise, Mu‘adh ibn Jabal (may Allah be pleased with him) who was the most knowledgeable of lawful and prohibition.[45]

It is he who shall be gathered on the Day of Recompense before scholars because of his status.[46]

He did not know how ample the issues will be. Moreover, He abhorred speaking about things that shall take place in the future. He was a scholar who knew Allah and the principles of religion. It was said to Imam Ahmad: Whom shall we ask after you? He said: `Abdul-Wahhab Al Warraq. It was said to him: He does not have much knowledge as you have. He said: He is a pious person and such a person is getting support from Allah to find out the truth.[47]

He was asked about Ma`ruf Al Karkhy? He answered: He had the core of knowledge which is the fear of Allah.[48]

This is supported by the saying of some Predecessors: Fear of Allah is sufficient and deceiving oneself with Allah's forgiveness is a mere ignorance.[49]

This is a wide scope which we can elaborate later. Let's get back to explain the Hadith of Abu Hurayrah (may Allah be pleased with him).[50] He who does not busy himself with the issues which are not included in the Qur'an and the Sunnah but rather engage himself with understanding the words of Allah and His Messenger in order to obey his instructions and avoid his prohibitions, he shall be of those who obey the Messenger's instructions according to this Hadith. As for those who do not care to understand the words that Allah has revealed to His Messenger and busied himself with innovated matters that may or may not happen, providing answers to them with mere opinion, they may be in conflict to the meaning of this Hadith. Let it be known that eruption of issues that have no origin in the Qur'an and the Sunnah, is part of forgetting about the commands of Allah and His Messenger and avoiding their prohibitions. If the person who wants to commit an action asks about what Allah has legislated to comply with and asks about the prohibited matters to avoid, the events will happen according to the teachings of the Qur'an and the Sunnah. The one who gives a fatwa acts according to his own opinion, therefore, accidents take place. Moreover, it would be difficult to refer them to the rulings which are mentioned in the Qur'an and the Sunnah because they are too far. In general: He who obeys the instructions of the Prophet (peace be upon him) in this Hadith, avoids what he has forbidden and busies himself to do that, they will be saved in this world and in the Hereafter. Anyone does otherwisely and busies himself with his own thoughts, they have committed what the Prophet (peace be upon him) warned against which is to be like the people of the Scriptures who asked many questions, disagreed with their prophets and did not obey their messengers." End of the quotation of Ibn Rajab (may Allah be merciful with him).

Does Fatwa change according to time and space? The Muslim world admires the west; its power and material culture. This dazzle has led them to seek the materialism of the west and wished to lead a long life except for a few of them. The west has opened the doors of lawful and unlawful worldly desires before Muslims. Those who pursuit things that Allah has forbidden and avoid things that he has permitted is like the holder of burning coal. What makes things worse is the eminence of number of Mufty who misuses the difference in opinions concerning some disputable matters - a way to say their own opinions away from the schools of fiqh. They used the concessions of scholars to form a new doctrine which they claim to remove hardships from Muslims in spite of the opinion that was sustained by evidence. Abu Idris, `A'idh Allah ibn `Abdullah the Khawlany (may Allah be merciful with him) has mentioned that Yazid ibn `Umayrah told him that whenever Mu`adh (may Allah be pleased with him) sat in an assembly to mention Allah, he used to say: Allah is a just ruling, Blessed is His Name, ruined are those who doubt. One day when Mu`adh ibn Jabal was sitting in an assembly, he said: You still have many trials during which money will be abundant, the Qur'an will be read by the faithful and the hypocrite, the free and the slave, men and women; old and young. One will say: why do not people follow me[51] and I have read the Qur'an? By Allah, they will not follow me until I fabricate one of the like. So, beware of innovated matters because things that will be added to religion in the future are serious errors. Beware of the error of a wise person because Satan may put words on his tongue and a hypocrite may say the words of truth. He said: I said to him: May Allah be Merciful with you, how could I know that a wise person says the word of error and that the hypocrite says the word of truth? He said: Avoid the ambiguous words of the wise about which you say: What are these? Do not keep away from him because of that for he may retract his error and follow the truth if it becomes clear to him because truth is always clear.[52]

Those and others have stated the saying of some scholars: Fatwa may be changed according to time, space, conditions, intentions and results. They were fascinated with such saying. They thought that they may escape the Shar`y obligations whenever they want. A new claim was proclaimed to renew the religious discourse. However, the scholars who initiated that call intended a meaning different to what other people hold. So, the general rulings which are ordained upon the legally competent people can not be altered or changed. Changing a fatwa does not mean to change those rulings, turning them from lawful to unlawful and from a command into a prohibition or vice-versa. The meaning is to change the legal ruling according to the new conditions of Muslims whether in time, space or people. Al Shatiby (may Allah be merciful with him) said about the perfection of the Shari`ah: "Therefore, you can not find therein abrogation after its perfection, specification for its generality, no limitation to its absolute and no cancel for its rulings; not in regard to the legally competent people, not according to special status of some of them, and not according to time without another or condition without the other. What has been confirmed as a cause will not change and likewise for the condition, the obligatory, the advisable and all rulings. They will not vanish or change even if the ordinances are endless.[53]

From the people who said that the Fatwa changes according to time and space: Ibn Al Qayyim (may Allah be merciful with him). However, he says: "Rulings are of two kinds: A type that does not change not according to time and space or the Ijtihad (juristic effort to infer expert legal rulings) of the scholars; such as the obligations, prohibitions and the prescribed penalties that are ordained by the Shari`ah on crimes and likewise. This kind is unchangeable and no Ijtihad (juristic effort to infer expert legal rulings) can change its type. The second type is: What can be changed according to the need, time, space and conditions such as the amount of Ta`zir (discretionary punishment), their kinds and descriptions where the Shari`ah changes according to benefit."[54]

Shaykh `Ali Haydar said in: "Durar Al Hukkam Sharh Majalat Al Ahkam":[55] "Rulings that change according to time are the ones extracted from `Urf (convention) and customs because people's needs change throughout times. Based upon this change `Urf and custom change and when they change rulings change as we explained previously. Unlike the rulings which are extracted from the Shar`y rulings which are not based on `Urf and custom, they are unchangeable. For example, the punishment of the murderer is killing. This ruling which is not based on `Urf and custom can not be changed according to time and space. As for those rulings that change according to time and space, they are the ones based on `Urf and custom as we said. Here are some examples: According to the earlier scholars, when someone buys a house, it is enough for him to see part of it.[56]

However, according to the latecomer scholars, a person must see the entire house. Such difference is not based on evidence but on `Urf and custom regarding construction. The old convention in constructing houses was: all the houses had to be built according to one style, thus, seeing part of the house like seeing the entire house. In recent times, the rooms of one house differ in shape and size, therefore, each one of them should be seen individually."

Shaykh Mustafa Al Zarqa gave an example to this rule saying: "When justice was dear in those times, people said: we will accept the testimony of the trustworthy then the less trustworthy. They permitted the witnesses to swear when an opponent persists and after the ruler commands due to the corruption of the time."[57]

Dr Muhammad Al Zuhayly mentioned some disciplines for those rulings that won't change because of time and people. He said:

(1) The basic rulings which are stated in the Qur'an and the Sunnah that are confirmed by the original texts of Shari`ah: the commands and prohibitions; such as the prohibition of oppression, adultery, usury, wine drinking and robbery. Another example of the basic rulings are the obligation of consent when concluding a contract and the obligation of fighting crimes and defending the rights. Such rulings can not be changed according to time because they are basics ordained by the Shari`ah appropriate to time and generations but only their means change.

(2) The pillars of Islam and the established facts by Shari`ah can not be changed or altered. They will remain still as were first ordained in the first generation because they can not be altered or changed.

(3) All the rulings related to worship are not subject to opinion or Ijtihad. They are unchangeable due to time, space, places and people.

(4) The matters of creed are also firm and steady and neither subject to change nor Ijtihad. They are steady since they were revealed since the time of the previous prophets and messengers until the Last Hour is established. They are not subject to the change of time."[58]

Thus, it is clear that there is no ambiguity in this rule and there is no evidence for those who want to permit usury or mixture for instance or cancelling the prescribed penalties and punishments because of the change of time. The mentioned matters are authentically confirmed by the clear texts of the Qur'an and the Sunnah, so there is no way to alter or change them except that a person leaves his religion.[59]

There is nothing new in "the fatwa changes according to time and space" rule but its name, otherwise the old and the young know that some people are excused from some rulings. Some of them are excused in some conditions without the others such as a traveller and the patient when they have the concession to break their fast in Ramadan. Breaking the fast could be obligatory if fasting is hard for them and they could be harmed. The general rule in this is the Prophet's saying (peace be upon him): "Leave me as I leave you, for the people who were before you were ruined because of their questions and their differences over their prophets. So, if I forbid you to do something, then keep away from it. And if I order you to do something, then do of it as much as you can."[60]

Thus, the other Shar`y texts which balance between the benefits and the corruptions such as doing something could be a Sunnah and would be left if there is a resulted corruption as in the Prophet's saying to `Aisha (may Allah be pleased with her): "If your people, had not been newly converts to Islam, I would have spent the treasure of the Ka`ba in the way of Allah and would have constructed its door just on the level of the ground and would have encompassed in it the space of Hijr."[61]

According to this, we can interpret the narration of Salim ibn Abu Al Ja`d from Ibn `Abbas (may Allah be pleased with him) that he said: A man came to him and said: O Abu `Abbas, what is the ruling on a person who killed a believing person intentionally? He said: his recompense is Hell to abide therein; and the Wrath and the Curse of Allâh are upon him... " [Al Nisa': 93].

He said: What if he repented, believed and did righteously then was guided? He said: How come such a person repents? May your mother lose you! He shall come on the Day of Recompense holding his head and his veins are gushing of blood until he is brought before the Throne and would say: O Lord, ask that man why did he kill me?[62]

An-Nawawy (may Allah be merciful with him) mentioned this Hadith of Ibn `Abbas in "Rawdat Al Talibin"[63]

He entitled the Hadith with "A chapter on: A Mufty may give a fatwa with a harsh ruling even if that opinion is controversial as a threat when needed." Then, he explained this by saying: "I said: The intended meaning is: what Al Sayramy and others mentioned: When a Mufty sees that the benefit is to say to the laymen the harsh ruling even if he is not convinced with it is permissible as a way of threat as was reported from Ibn `Abbas (may Allah be pleased with them): that he was asked about the repentance of the murderer? He said: There is no repentance for him. Another person asked him saying: He may repent. then he said: As for the first, I saw the intention of killing in his eyes, so I stopped him. As for the second, he came humbly after he had murdered, so I did not make him despair.

Al Sayramy said: When a person asks a Mufty saying: What is the ruling if I were to kill my servant, shall I be punished? It is proper to say: If you kill him, we will kill you. It was reported from the Prophet (peace be upon him) that he said: "Whoever kills his servant, we will kill him."[64]

There are different meanings for killing. Allah knows the best!"

This denotes that the Mufty should be a tutor before being a Mufty, knowing the benefits and the corruptions that will result from the Fatwa. A Mufty exerts himself in guiding the people and he is not obliged to mention the legal ruling in case he fears to cause confusion to the questioner. There is enough warning when the Mufty advises, directs, admonishes, makes invitation and intimidation rather than mentioning the legal ruling if he fears for the questioner. It was previously mentioned that the Predecessors used to distinguish between things that happened and things that will happen in the future.

Our last call is: Praise be to Allah, the Lord of all the Worlds.