Hizbiyyah – Ijtihād


Question:

“…So then the establishing of Walā and Barā (allegiencing and disallegiencing) in contrary to what the legislation necessitates Hizbiyyah, and there is no stipulation that the affair where Walā and Barā is performed in relates to ideology, creed, it’s the case even regarding a mistake, it’s also if a person was to make a mistake and then established Walā and Barā upon it “

When are affairs Ijtihādi?

Answer:

The criterion on whether an affair is Ijtihādi or not, it’s said that the affair which is Ijtihādi is that which does not contain a legislative text from the Book and the Sunnah, and there is no established Ijmā (consensus), understood?

Here is when it’s said the affair is Ijtihādi, due to the ˹Tajādhub˺ (back and forth and going into different directions) of the evidences in it, and the angle of evidence is hidden due to the ˹Tajādhub˺ of the evidences, where the proofs can be obscured.

So a subject where there is no legislative text from the Qur’ān or the Sunnah, a clearcut text, evident, nor a established consensus, and there was differing on it with the Salaf, then this subject can be called an Ijtihādi subject, or a subject where the evidence has ˹Tajādhub˺, this subject is called a subject of Ijtihād.

If the subject contained a legislative text from the book and the Sunnah, or a consensus, then this subject is not a matter of Ijtihād.
Did you understand?

[Questioner: Yes, I did, may Allah bless you ]

Question:

There are some that have some negligence in performing Da’wah, they say to bring the people closer upon good, they are negligent in some affairs, from them are those that commit sins and the likes, their proof for this that he is bringing people together upon good, so they are negligent in some affairs for this.

There are plenty people like this, what is your reply to this?

Answer:

The reply against this is that the real coming together of the bodies is through the hearts coming together, the coming together at creed and methodology

“Verily there is a morsel of flesh in the body if it’s upright then the entire body is upright and if it’s corrupted, the entire body is corrupted”

And Allah clarified the invalidity of the claim of this person, in His statement:

(وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى ٱلْخَيْرِ وَيَأْمُرُونَ بِٱلْمَعْرُوفِ وَيَنْهَوْنَ عَنِ ٱلْمُنكَرِ ۚ وَأُو۟لَٰٓئِكَ هُمُ ٱلْمُفْلِحُونَ)

“Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma’ruf (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful.”
[Āl-i-‘Imrān:104]

Allah, the Mighty and Majestic, said about those that order with good and forbid the evil, that it is they who are the successful.

(وَلَا تَكُونُوا۟ كَٱلَّذِينَ تَفَرَّقُوا۟ وَٱخْتَلَفُوا۟ مِنۢ بَعْدِ مَا جَآءَهُمُ ٱلْبَيِّنَٰتُ ۚ وَأُو۟لَٰٓئِكَ لَهُمْ عَذَابٌ عَظِيمٌ)

“And be not as those who divided and differed among themselves after the clear proofs had come to them. It is they for whom there is an awful torment.”
[Āl-i-‘Imrān:105]

Shaykh ‘Utheymīn, may Allah have mercy upon him, said at this verse; that this is a proof that what brings the Ummah together is the ordering of the good and the forbidding of the evil, and that which divides the Ummah is the abandonment of the ordering of the good and forbidding of the evil.

Because he clarified that after mentioning the ordering of the good and the forbidding of the evil, that they are successful, and then said not to be like those that divided, meaning: because they didn’t order the good and forbid the evil.

He said:

(وَلَا تَكُونُوا۟ كَٱلَّذِينَ تَفَرَّقُوا۟ وَٱخْتَلَفُوا۟)

“And be not as those who divided and differed among themselves”

I.e due to their lack of ordering of the good and forbidding of the evil.

Did you understand?

[Questioner: yes]

This is a clear evidence that, that which brings the Ummah together is ordering of the good and forbidding of the evil, and calling to the truth, as for being silent upon falsehood then this divides the Ummah, by textual evidence with this verse, as mentioned by Shaykh ‘Utheymīn in the explanation of Riyād-Us-Sālihīn.

Similarly, there are many other evidences in this subject matter, that the real coming together, those that really want to unite the Ummah, let them unite them upon the methodology of the Salaf, upon what the Prophet ﷺ was upon and what the Companions were upon, as for uniting the people upon sinning, then this is a uniting upon the way of those that Allah casted blame upon with His statement:

(تَحْسَبُهُمْ جَمِيعًا وَقُلُوبُهُمْ شَتَّىٰ)

“You would think they were united, but their hearts are divided”
[Al-Hashr:14]

This one is a sinner, that one is an innovator, and all overlook the other, this is in reality, treading upon that Banna principle:

“coming together upon what we agree upon and to overlook one another in what we disagree on”

And speech on this was also previously mentioned.

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

Source:
http://t.me/youssefalgazairi/686

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