1c] Why did the Imâms Differ?

1c]
is authentic, then he is mistaken. And that is a vile and detestable mistake.
And no one should say:"Indeed (all) the hadîth were transcribed in books and collected, so how could it be hidden from anyone?" This statement isfar from correct for indeed these transcription of ahâdîth, which are well-known in the books of Sunnah, were only collected after the death and disappearance of these Imâms whom are followed by the people, may Allâh have mercy on them. In spite of this, it is not permissible for it to beclaimed that all of the hadîth of the Messenger ofAllâh(swt) are limited to certain specified books.
And even if one were to limit all of the hadîth of the Messenger of Allâh(swt) to such, then still, everything that was in these books was not known to a scholar, nor can this be attained by anyone. Rather there would be with one man, many records of transcribed ahâdîth and hewould not be able to graspall that was in them. Rather, the ones who existed before these booksof transcribed ahâdîth were collected, were muchmore knowledgeable of the Sunnah than those who came after them. Thisis because a lot of what was conveyed to them andconsidered authentic in their opinion, did not reach us except with a narrator that was unknown or with a cut chain of narration or it wasnot conveyed to us in its complete form. Thus the place where they would transcribe the ahâdîth wasin their hearts – and there would be vast amounts of these recorded transcriptions held within them. This is one matter from the knowledge of legal rulings, of which there is no doubt.
And no one should say:"Anyone that doesn’t know all of the ahâdîth cannot be a mujtahid." This is because if it were a condition for a mujtahid tohave knowledge of everything that the Prophet(saws) said and didconcerning matters relatedto rulings, then this ummah would never see this type of mujtahid. Indeed, the extent of a scholar is only: that he knows a majority or a great part of the ahâdîth, such that there does not remain anything unknownto him except for a few cases from the general whole. It is only then that these few cases from the general whole (that are unknown to him), can oppose what has reached and been conveyed to himfrom knowledge.
1. This is a saying that can be attributed to the Salaf, among them Imâm Mâlik (ra).
2. Translators note: This term refers to the deducing of a verdict based on the lack of there being any evidence to forbid it. This applies to only matters outside the field of belief and worship,such as business, family and social affairs. And Allâhknows best.
3. Al-Albânî said in Irwâ-ul-Ghalîl (no. 1680): “It is reported by Abu Dawûd and At-Tirmidhî from the hadîth of Qabîsah Ibn Dhu’aib in mursal form. It has different paths of narration that are all mursal, including the hadîth of ‘Imrân Ibn Husain.”
5.Reported by Al-Bukhârî in his Sahîh from Abu Sa’îd Al-Khudrî. See Fath-ul-Bârî (11/43).
6. Translators Note: A group of people that saw to it that the blood moneywas properly dispersed and Allâh knows best.
7.Reported by Ahmad, AbuDawûd and At-Tirmidhî, who said it was a hasan sahîh hadîth. See Irwâ-ul-Ghalîl (no. 2649)
8.Ash-Shâfi’î reported it in his Musnad in mursal form and it has other paths of narration in mursal form with this same wording. Ahmad, Al-Bukhârî, Abu Dawûd and At-Tirmidhî reported from ‘Umar(ra) that: “He would not collectthe jizyah (money tribute) from the Majûs until ‘Abd-ur-Rahmân Ibn ‘Awf(ra)bore witness that the Messenger of Allâh took it from the Majûs of Hajr.”
9.This is an area of land located in the last parts of Shâm and the first parts of Hijâz, between Al-Mughîtha and Tabûk.
10.Reported by Ahmad, Al-Bukhârî and Muslim from ‘Abd-ur-Rahmân Ibn ‘Awf
11. Al-Albânî said: “Ahmad,Muslim, Abu Dawûd and At-Tirmidhî reported it, however it is from Abu Sa’îd Al-Khudrî. As for the report of ‘Abd-ur-Rahmân Ibn ‘Awf, then Ahmad, At-Tirmidhî and Ibn Mâjah reported it with the wording:
‘If one of you should get doubt in his prayer, such that he does not know if he has prayed one or two (raka’ahs), then he should make it one...’
And there is no mention of‘casting away the doubts’ and ‘building upon what one is certain of’ as has been stated by the author, may Allâh have mercy on him.”
12. Al-Albânî said:
“It is that which Muslim has reported in his Sahîh from ‘Aa’ishah(ra)that she said: ‘When the wind would blow violently, the Prophet (saw) would say:
‘O Allâh, I ask You for the good of it, the good of what is found in it and the good of what You send with it. And I seek refuge in You from the evil of it, the evil of what is found init and the evil of what Yousend with it.’
And it is what Abu Dawûd and Ibn Mâjah have reported on Abu Hurairah(ra) that he heard the Messenger of Allâh say: :->/ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en

1b] Why did the Imâms Differ?

1b]
at the timewhen the wind is blowing." [12]
In these instances, 'Umar did not have knowledge ofthese matters, until those who were not equal to him in terms of knowledge, conveyed it to him. In other instances, theaspect of the Sunnah (which he did not know of)was not conveyed to him and so he ruled or gave a verdict in opposition to it. This is such as when he gave a ruling concerning the blood tribute to be paid for the (loss of one’s) fingers; that they vary according to their uses. In spite of this, Abu Mûsâ andIbn 'Abbâs, who were much lower than him in knowledge, knew that the Prophet(saw) said:
"This and this are equal"
– meaning the thumb and the little finger. [13]
This aspect of the Sunnah was also conveyed to Mu'awiyah during his leadership and so he judged according to it, andthe Muslims found no other alternative but to follow that. So this hadîth was not a sign of deficiency in 'Umar, for thehadîth did not reach him.
Also, he as well as his son 'Abdullâh Ibn 'Umar and other righteous people used to forbid the muhrim (one in state of Ihrâm) from putting on perfume, before going into the stateof Ihrâm and before the Ifâdah to Makkah, after thecasting of the pebbles at 'Aqabah. And the hadîth of 'آ'ishah did not reach themin which she said:
"I perfumed the Messengerof Allâh(swt) for the occasion of his Ihrâm before he performed it andfor his hill (disembarking from the state of Ihrâm), before he did tawâf (circumambulating)." [14]
Likewise, he used to command the one who was wearing khuffs to wipe over them (during ablution), even if he had sandals on, without restricting a fixed period oftime for doing it. Many of the Salaf followed him in that matter and they werenot conveyed the ahâdîth in which the time period (for its validity) is mentioned. And these ahâdîth are authentically transmitted by some of the companions who were not of equivalent status to him in knowledge. Furthermore, information on this matter has been reported on the Messengerof Allâh(swt) through numerous authentic narrations. [15]
The same goes for 'Uthmân for he did not possess knowledge that the woman whose husband passed away wasto complete her 'iddah (waiting period) in her (deceased) husband's home. This was until he heard the hadîth of Furai'ah Bint Mâlik, the sister of Abu Sa'îd Al-Khudrî, in regards to hersituation when her husband died. And it was that the Prophet(saw) toldher:
"Remain in your (husband's) home until thefixed period of time has been completed."
So 'Uthmân based his opinion on this (hadîth). [16]
And one time he was given some hunting game,which was caught just for his purpose, as a gift. So hewas about to eat it, when 'Alî Ibn Abî Tâlib informed him that:
"The Prophet(saw) returned some meat that was presented to him as a gift." [17]
Similarly, 'Alî said:
"Whenever I heard a statement (hadîth) come from Allâh's Messenger, Allâh benefited me with what He willed for me to benefit from it. However, when I heard a statement come from anyone else, I would make him take an oath on it, so if he would swear on it to me, I would then believe him. And onceAbu Bakr related a hadîth to me, and he spoke truthfully…"
Then he mentioned the famous hadîth of the prayer of repentance. [18) ]
Also he, 'Ibn 'Abbâs and others declared the ruling that the woman whose husband dies while she was pregnant, had to complete the longer of thetwo waiting periods. And the Sunnah of the Messenger of Allâh(swt) concerning this matter in the case of Subai'ah Al-Aslamiyyah did not reach them. For when her husband, Sa'ad Ibn Khaulah, died, the Prophet(saw) ruled that
"her waiting period is to endure until she gives birth." [19]
Also, he along with Zaid, Ibn 'Umar and others ruledthat a women that is married to a man while being in another land, if her husband dies, that she receives no dowry. In this example, the Sunnah of the Messenger of Allâh(swt) concerning the case of Barwa' Bint Wâshiqdid not reach them. [20]
Discussion on this topic is extremely vast, such that the reports on the companions of the Messenger of Allâh(swt) concerning it are numerous and many. As for the reports concerning its occurrence with other than them, from those who came after them, then taking account of all of them is impossible, for verily they reach the level of thousands. And it must be kept in mind that these four companions were the most knowledgeable, the most understanding, the most submissive and fearing, as well as the most virtuous from the entire ummah. And those who came after them are much lower than them in this regard, thus, it is morelikely that some aspects of the Sunnah would be unknown to them. And this needs no explanation.
So whoever believes that every hadîth that was conveyed to one of the Imâms or to one specific Imâm, is authentic, :->/ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en

1a] Why did the Imâms Differ?

1a]
issue religious verdicts, pass judgements or conduct other matters. And some of the people that were absent from the first gathering would witness it. They would then convey it to whomsoever they were able to convey it to. So these individuals would possess some knowledge that those people did not and those people would possess some knowledge that these individuals did not. And verily, the scholars among the Sahâbah and those after them were only distinguished from one another due to who possessed more knowledge or who bore itsexcellence. As for whether one single person can encompass all of the hadîth of the Messenger ofAllâh, then this claim is impossible.
An example of this is seen in the rightly guided khalîfahs, who were the most knowledgeable of the ummah concerning theaffairs of the Messenger of Allâh, his Sunnah and his states of being. This is especially so with Abu Bakr As-Siddîq who never separated from the Prophet(saw), whether he was present or on a journey. Rather, he was with him the majority of the time, even to the pointthat he used to spend nights talking to him about the affairs of the Muslims. This goes the same for 'Umar Ibn Al-Khattâb, for the Prophet(saw) would say many times:
"Abu Bakr, 'Umar and I entered…" and "Abu Bakr, 'Umar and I left…"
In spite of this, when Abu Bakr was asked on the inheritance of the grandmother, he said:
"There is nothing for you in the Book of Allâh nor have I learned of anything from the Sunnah of the Messenger of Allâh that is for you. However, I will askthe people."
So he asked them and Al Mughîrah Ibn Shu'bah and Muhammad Ibn Maslamah stood up and testified
"that the Prophet has given her a sixth (of the inheritance)." [3]
This aspect of the Sunnah was conveyed to 'Imrân Ibn Husain, also. These three individuals were not equal to Abu Bakr nor to any of the other (four rightly guided) khalîfahs interms of knowledge. However, they were specifically characterized with knowledge of this Sunnah – of which its acting upon has been agreed on by the ummah.
Likewise, 'Umar did not know the Sunnah for asking permission to entera household, until he was informed of it by Abu MûsâAl-Ash’arî, who called on the Ansâr as witnesses. [5] This was even though 'Umar possessed more knowledge than the one who told him of this aspect of the Sunnah.
Also, 'Umar did not know that a woman was supposed to inherit from her (deceased) husband's blood money, but instead he held the opinion that the blood money belonged to the 'آqilah [6] . This was until Ad-DahhâkIbn Sufyân Al-Kulâbî, who was a leader of some Bedouin Arabs (Al-Bawâdî) for the Messenger of Allâh, wrote to him and informed him that:
"The Messenger of Allâh(swt) gave the wife ofAshyam Ad-Dabâbî, inheritance from the bloodmoney of her (deceased) husband." [7]
So he abandoned his opinion in favor of that (hadîth) and said:
"Had we not heard of this, we would have ruled in opposition to it."
Also, he did not know the regulations of the Majûs in regards to their payment of the jizyah (money tribute). This was until 'Abd-ur-Rahmân Ibn 'Awf informed him that the Messenger of Allâh(swt) said:
"Treat them like the people of the House (Ka'bah)." [8]
And when 'Umar arrived atSargh [9] and news reached him that there was a plague in Shâm, he first sought counsel from the Muhâjirîn that were with him, then from the Ansâr, then from the Muslims that were present at the Conquest (of Makkah). Everyone of themadvised him according to his own personal opinion and not one of them informed him of the Sunnah (in regards to this situation). This was until 'Abd-ur-Rahmân Ibn 'Awf arrived and informed him of the Sunnah of the Messenger of Allâh(swt) concerning plagues and that he(saw) said:
"If it breaks out in a land while you are in it, then donot leave from it by fleeing. And if you hear news that it has broken out in a land, then do not go near it." [10]
And he and Ibn 'Abbâs were reminded of what should be done when one has doubt in his prayer as to whether or not he has broken his ablution. And the Sunnah for that affair was not conveyed to him, until 'Abd-ur-Rahmân Ibn 'Awf informed him that the Prophet(saw) would
"Cast away all doubts and work upon that which he was certain of." [11]
And one time 'Umar was on a journey when a wind began to blow violently, so he began to say:
"Who will narrate to us a hadîth concerning the wind?"
Abu Hurairah said:
"News of this reached me while I was in the last rows of people (on the journey), so I hurried my riding animal until I reached him. Then I narrated to him, what the Prophet(saw) commanded should be done at the timewhen the wind is blowing." :->/ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en

1] Why did the Imâms Differ?

1]
This article is taken from the beginning of Shaikh ul-Islam's (r) treatise
Raf'-ul-Malâm 'an-il-A'immat-il-A'lâm (Removing the Harms fromthe Noble Imâms).
In this treatise, the Shaikh (ra) discusses the reasons why the famous and righteous Imâms, that are followed by the masses of Muslims, differed in some issues and contradicted the established ahâdîth of the Messenger of Allâh(swt) in some cases. He lists over ten reasons inthe introduction of this treatise. However this article only contains the first one. However, it is themost important one, as stated by Ibn Taimiyyah (ra). And it is for this reason, as the Shaikh says, that many of the Imâm's opinions, that contradict the Sunnah, can be explained and acknowledged. Thus, thereis no deficiency on the partof our scholars. Rather, they were rewarded in their correctness as well asin their errors. May Allâh have mercy on them. This article was translated by Isma'îl ibn al-arkân. The notes where taken from Zuhair Ash-Shâwîsh's comments and footnotes to this treatise, unless otherwise specified.
~~**~~
All praise is due to Allâh for His countless blessings. I bear witness that none has the right to be worshipped except Allâh, He stands alone and with no partners, whether on His earth or in His heavens.And I bear witness that Muhammad(saw) is His slave, Messenger and the last of His prophets. May Allâh send His eternal peace and continuous blessings upon him, his family and his companionsuntil the Day when we shall all meet Him.
To proceed:
It is binding upon the Muslims, after declaring loyalty to Allâh and his Messenger, to declare loyalty to the believers as is stated by the Qur'ân. This especially includes thescholars, for they are the inheritors of the prophets. And they are the ones whom Allâh has given the status of bearing the similitude of stars, throughwhich guidance is achieved in times of darkness, on land and on sea. The Muslims of this nation have agreed upon their guidance and their knowledge.
Before the advent of our Prophet, the scholars of every nation were the worst of its people. But this is not the case with the Muslims, for indeed their scholars are the best from among them. They are the delegated successors of the Messenger (saw) in regardsto his nation and they are the ones who revive what has been caused to die from his (saw) Sunnah. It isthrough them that the Qur'ân is established and through it, they are established. Through themthe Qur'ân is articulated and through it, they are articulated.
It must be known that there is not one scholar, who is accepted widely and willfully by the ummah, that purposely intends to oppose the Messenger of Allâh(swt) in any aspect of his (saw) Sunnah, whether small or large. For indeed, they all agree on the obligation of following the Messenger(saw) upon a firm and certain understanding. They also agree that one can accept or reject the statement of any individual from mankind, except that of the Messenger of Allâh. [1]
Therefore when it is found that an opinion, held by one of them, contradicts an authentic hadîth, there is no doubt that excuses must be made for him, in explanation to his abandoning of it. These excuses can be divided into three categories:
1. The lack of his believing that the Prophet s said it
2. The lack of his believing that particular issue was affected by that statement
3. His belief that that rulingwas abrogated
These three categories can be subdivided into numerous reasons:
The first Reason: TheHadîth did not reach him Anyone that does not havea hadîth that reaches him is not responsible for being knowledgeable about its obligation. Thus, if a hadîth was not conveyed to him, and he formulated an opinion for that issue based on either the apparentness of an obligating ayah, another hadîth, the necessity of Qiyâs or the need for Istishâb [2] , then sometimes he may be in agreement with that hadîth and at other times he may contradict it.
For the most part, it is due to this reason that many of the statements of the Salaf have gone in contradiction to the reports mentioned in some ahâdîth. For certainly, it is not possible for anyone in this ummah to completely grasp (all) ofthe hadîth of the Messenger of Allâh .
The Prophets would narrate hadîth, issue religious verdicts, pass judgements or conduct other matters, and whosoever was present there would hear him or see him. These people would then convey that (information) to other groups or to just some individuals whom they would reach. So knowledge of that affair would end up with whomsoever Allâh(swt) willed, from the scholars among the Sahâbah, the Tâbi'în and those who came after them.
Then in another gathering,he would again narrate hadîth, issue religious verdicts, pass judgements or conduct other matters.
:->/ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en