The different types of Consensus


Question:

Our virtuous Shaykh, is a consensus which is built upon Istiqrā (extrapolation) considered a legislative evidence?

Answer:

The consensus in and on itself is a legislative proof, which is based upon the evidences of the Qur’ān and Sunnah.

And it’s upon “Three categories:

➖First: ˹Ihātī˺ consensus, this is by becoming acquainted with all of the statements of all the scholars in a subject, and coming to the knowledge of this is absolutely impossible.

➖Second: ˹Istiqrā’ī˺ consensus, is to follow up the statements of the scholars; and not coming across anything which contradicts it.

This requires extrapolation of the positions of those that are allowed to perform Ijtihād in general.

If this is possible, then it is at utmost difficulty, what’s easier than this is..

➖Third: the ˹Iqrāri˺ consensus, which is coming across the approval, of those whose statements are taken into consideration, after performing a thorough investigation on if that position has been rejected by anyone.
It’s objective is to come to the knowledge of the lack of there being anyone that disputes it or rejects it, and this is extremely difficult, and none come to know of this, if anyone does, except a few.”

Said by Shaykh-Ul-Islām as mentioned in “Ijābatus-Sā’il sharh Baghiyatul Amāl”
By As-San’āni.

Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allaah preserve him.

Source:
t.me/abouhatem/331

Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani