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    The ruling when a Sahaabee says/does something that could be from Ijtihaad

    بسم الله الرحمن الرحيم

    Whatever is attributed to the Sahaabah from their sayings and actions,
    it's chain of transmission can be connected and it can be disconnected.

    Aboo Maalik Ahmad ibn 'Alee al-Qufaylee, may Allaah preserve him, mentioned:

    The people of knowledge have differed with regards to the statement of a Sahaabee, is it considered a proof, which would necessitate acting upon it, or not?

    al-Khateeb al-Baghdaadee, may Allaah have mercy upon him, said:
    "As for the narrations which are mawqoof (sayings/actions) of the Sahaabah, then indeed many of the scholars of Fiqh raise them to be the level of marfoo' (sayings/actions/approvals) of the Prophet, may Allaah’s Salaah and Salaam be upon him, acting in accordance to them, or preferring them over (using) Qiyaas (analogy) and they are considered to be from the Sunnah."
    [al-Jaami'ul-Akhlaaqur-Raawee, vol.2 pg.190]

    This is the opinion of the majority from the Fuqahaa and Usooliyyoon (scholars of Fiqh and Usool).

    The 'Allaamah Jamaalud-Deen al-Qaasimee, may Allaah have mercy upon him, said:
    "The saying/action of a Sahaabee is not a proof, according to what is more correct."
    [Qawaa'idut-Tahdeeth, pg.130]

    I (Aboo Maalik) say: And this is the opinion of ash-Shaafi'ee and Ahmad (according to one narration), it was the choice of al-Ghazzaalee and it was (also) the opinion of ibn Hazm. Ash-Shawkaanee preferred it in (his book) 'Irshaadul-Fuhool' and it is the stronger opinion, inshaa-Allaah.

    And all praise is belongs to Allaah.

    - Translated by Abul-Husayn Yusuf McNulty, from the book ‘ath-Thamaraatul-Janniyyah bisharhil-Manzoomatil-Bayqooniyyah’, pg.78, Daar 'Umar ibnul-Khattaab, Cairo.


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