These are the clear, lucid sayings of the Imaams (Allaah Exalted be pleased with them) about sticking to the Hadeeth and forbidding the following of their opinion without clearly- visible evidence, such that mere opinion and interpretation is not acceptable.
Hence, whoever adhered to whatever of the Sunnah that was proved authentic, even if it opposed some of the Imaams' sayings, he would not be conflicting with their madhhab, nor straying from their path; rather, such a person would be following all of them and would be grasping the most trustworthy hand-hold, which never breaks. However, this would not be the case with the one who abandoned any of the authentic Sunnah simply because it contradicted their views; nay, such a person would be being disobedient to them and opposing their above mentioned sayings, while Allaah says:
"But no, by Your Lord, they can have no (real) faith, until they make you judge in all disputes between them, and find in their souls no resistance against your decisions, but accept them with the fullest conviction." 49.
He also says:
"Then let those beware who withstand the Messenger's order, lest some trial befall them or a grievous penalty be inflicted on them." 50
Haafiz Ibn Rajab al-Hanbali (rahimahullaah) says:
"Therefore it is obligatory on anyone who hears of a command of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) or knows it, to explain it to the Ummah, advise them sincerely, and order them to follow his command, even if it contradicts the opinion of someone great. This is because the authority of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) has the most right to be respected and followed, over and above the opinion of anyone great who has unknowingly contradicted the Messenger's command in any matter. This is why the Companions and those after would refute anyone who contradicted the authentic Sunnah, sometimes being very stern in their refutation51, not out of hatred for that person, for they loved and respected him, but because the Messenger of Allaah was more beloved to them, and his command was superior to the command of any other created being. Hence, when the order of the Messenger and that of someone else conflicted, the order of the Messenger would be more fitting to be enforced and followed. None of this would stop them respecting the person they had opposed because they knew that he would be forgiven52; in fact, the latter would not mind his instruction being opposed when the command of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) was clearly shown to be opposite."53
Indeed, how could they mind that, when they had ordered their followers to do so, as we have seen, and had enjoined on them to abandon any of their views which contradicted the Sunnah. In fact, Imaam Shaafi'i (rahimahullaah) told his companions to attribute the authentic Sunnah to him also, even if he had not adopted it or had adopted something contradictory to it. Hence, when the analyst Ibn Daqeeq al-'Eid (rahimahullaah) collected together, in a bulky volume, the issues in which one or more of the four Imaams' madhhabs had contradicted the authentic hadeeth, he wrote at the beginning of it, "It is prohibited to attribute these answers to the Mujtahid Imaams, and obligatory on the jurists who follow their opinions to know of these so that they do not quote them regarding these and thus lie against them."54
The Imaams' Followers Leaving their Views if these Contradicted the Sunnah
Due to all that we have mentioned, the disciples of the Imaams, a number of people from those of old, and a few from those of later time55, would not accept all of their Imaam's views; they actually ignored many when they found them to be clearly against the Sunnah. Even the two Imaams, Muhammad ibn al-Hasan and Abu Yoosuf (rahimahullaah) differed from their shaikh Abu Haneefah "in about a third of the Madhhab"56, as the books of masaa'il prove. Similarly is said about Imaam al- Muzani57 and other followers of Shaafi'i and other Imaams; were we to start giving examples, the discussion would become exceedingly, long, and we would digress from what we set out to do in this Introduction, so we shall limit ourselves to two instances:
1) Imaam Muhammad says in his Muwatta'58(p. 158), "As for Abu Haneefah, he did not regard there being a prayer to ask for rain, but we hold that the imaam prays two rak'ahs and then supplicates and holds out his wrapping garment ..."
2) We have 'Isaam ibn Yoosuf al-Balkhi, one of the companions of Imaam Muhammad59 and a servant of Imaam Abu Yoosuf60, who "would give verdicts contrary to Imaam Abu Haneefah because he did not know the latter's evidence, and other evidence would present itself to him, so he would give verdicts using that."61 Hence, "he would raise his hands on bowing (in prayer) and on rising from it"62, as is the mutawaatir sunnah of the Prophet (sallallaahu 'alaihi wa sallam); the fact that his three Imaams (i.e. Abu Haneefah, Abu Yoosuf and Muhammad) said otherwise did not prevent him from practising this sunnah. This is the approach which every Muslim is obliged to have, as we have already seen from the testimony of the Four Imaams, and others.
To sum up: I sincerely hope that no follower of an Imaam will race to condemn the principles of this book and abandon benefiting from the sunnahs of the Prophet (sallallaahu 'alaihi wa sallam) which it contains, with the argument that they are contrary to his Madhhab. I hope that such a person will instead consider what we have given of the exhortations of the Imaams towards the obligation to act on the Sunnah and ignore their sayings contradictory to it. I hope also that he will realise that to condemn the attitude of this book is to condemn whichever Imaam he is following, for we have taken these principles from those Imaams, as we have explained. Therefore, whoever refuses to be guided by them on this path is in great danger, for such refusal necessitates turning away from the Sunnah, the Sunnah to which we have been ordered to refer in cases of difference of opinion and on which we have been commanded to depend.
I ask Allaah to make us among those about whom He says,
"The answer of the believers, when summoned to Allaah and His Messenger, in order that he may judge betweeen them, is no other than this: they say, "We hear and we obey" - it is such as these that will attain Success. It is those who obey Allaah and His Messenger, and fear Allaah, and keep their duty to Him, who will triumph."63
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[49]an-Nisaa', 4:65
[50]an-Noor, 24:63
[51]Even against their fathers and learned men, as Tahaawi in Sharh Ma'aani al-Aathaar (1/372) & Abu Ya'laa in his Musnad (3/1317) have related, with an isnaad of trustworthy men, from Saalim ibn 'Abdullaah ibn 'Umar, who said:
"I was sitting with Ibn 'Umar (radi Allaahu 'anhu) in the mosque once, when a man from the people of Syria came to him and asked him about continuing the 'Umrah onto the Hajj (known as Hajj Tamattu'). Ibn 'Umar replied, 'It is a good and beautiful thing.' The man said, 'But your father (i.e. 'Umar ibn al-Khattaab) used to forbid it!' So he said, 'Woe to you! If my father used to forbid something which the Messenger of Allaah (sallallaahu 'alaihi wa sallam) practised and commanded, would you accept my father's view, or the order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) ?' He replied, 'The order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam).' He said, 'So go away from me.' Ahmad (no. 5700) related similarly, as did Tirmidhi (2/82) and declared it saheeh.
Also, Ibn 'Asaakir (7/51/1) related from Ibn Abi Dhi'b, who said:
"Sa'd ibn Ibraaheem (i.e. the son of 'Abdur Rahmaan ibn 'Awf) passed judgment on a man on the basis of the opinion of Rabee'ah ibn Abu 'Abdur Rahmaan, so I informed him of the saying of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) which was contradictory to the judgment. Sa'd said to Rabee'ah, 'We have Ibn Abi Dhi'b, whom I regard to be reliable, narrating from the Prophet (sallallaahu 'alaihi wa sallam) contrary to what I ruled.' Rabee'ah said to him, 'You have made your effort, and your judgment has been passed.' Sa'd said, 'Most amazing! I enforce the decree of Sa'd, and not the decree of the Messenger of Allaah (sallallaahu 'alaihi wa sallam)! No, I shall withdraw the decree of Sa'd, son of the mother of Sa'd, and enforce the decree of the Messenger of Allaah (sallallaahu 'alaihi wa sallam).' So Sa'd called for the written decree, tore it up and gave a new verdict."
[52]In fact, he would be rewarded, because of the Prophet's saying (sallallaahu 'alaihi wa sallam): "When a judge passes judgment, if he makes his effort (ijtihaad) and rules correctly, he will have two rewards; if he makes his effort (ijtihaad) and rules wrongly, he will have one reward." (Related by Bukhaari, Muslim & others.)
[53]Quoted in the notes on Eeqaaz al-Himam (p. 93)
[54]Fulaani (p. 99)
[55]cf. al-Waaqi'ah 56:13-14
[56]Ibn 'Aabideen in Haashiyah (1/62), & Lucknowi gave its source in an-Naafi' al-Kabeer (p. 93) as Ghazaali .
[57]He himself says at the beginning of his Concise Shaafi'i Fiqh (printed in the margin of Imaam Shaafi'i's Al-Umm):
"This book is a selection from the knowledge of Muhammad ibn Idrees al-Shaafi'i (rahimahullaah) and from the meanings of his sayings, to aid the understanding of whoever wants it, knowing of his forbidding the following of his, or anyone else's, opinion, so that such a person may carefully look for his Deen in it."
[58]In which he has explained his opposing his Imaam in about twenty masaa'il (nos. 42, 44, 103, 120, 158, 169, 172, 173, 228, 230, 240, 244, 274, 275, 284, 314, 331, 338, 355, 356 - from Ta'leeq al-Mumajjid 'alaa Muwatta' Muhammad (Important Notes on Muhammad's Muwatta'))
[59]Ibn 'Aabideen mentioned him among them in Haashiyah (1/74) & in Rasm al-Mufti (1/17). Qurashi mentioned him in Al- Jawaahir al-Madiyyah fi Tabaqaat al-Hanafiyyah (p. 347) and said, "He was a reliable transmitter of Hadeeth. He and his brother Ibraaheem were the two shaikhs of Balakh of their time."
[60]Al-Fawaa'id al-Bahiyyah fi Taraajum al-Hanafiyyah (p. 116)
[61]Al-Bahr ar-Raa'iq (6/93) & Rasm al-Mufti (1/28).
[62]Al-Fawaa'id ... (p. 116); the author then added a useful note:
"From this can be deduced the falsity of Makhool's narration from Abu Haneefah: 'that he who raises his hands during Prayer, his Prayer is ruined', by which Ameer, the scribe of Itqaani, was deceived, as has been mentioned under his biography. 'Isaam ibn Yoosuf, a companion of Abu Yoosuf, used to raise his hands, so if the above-mentioned narration had any foundation, Abu Yoosuf and 'Isaam would have known about it ... It can also be deduced that if a Hanafi ignored the madhhab of his Imaam in an issue due to the strength of the evidence against it, this would not take him outside the ranks of the Imaam's followers, but this would in fact be proper taqleed in the guise of leaving taqleed; do you not see that 'Isaam ibn Yoosuf left Abu Haneefah's madhhab of not raising the hands, but he is stil counted as a Hanafi?... To Allaah I complain of the ignorance of our time, when they insult anyone who does not follow his Imaam in an issue because of the strength of evidence against it, and expel him from the fold of that Imaam's followers! This is not surprising when those who do this are from the ordinary masses, but it is amazing when it comes from those who imitate men of learning but plod along that path like cattle!"
[63]an-Noor 24:51-52
http://www.qss.org/articles/salah/fo...1_fn.html#fn62