The Position which Coincides with the Legislated Evidence takes Precedence


Our Shaykh, may Allah preserve you and protect you.

If a Fatwa of a Companion differed with that of the Fatwa of one of the rightly guided Khalīfas, which of the two is preceded?


If two Companions differed in a subject; then the one who is correct from the two is the one who was in accordance with the evidences.

Even if one of the two were to be from the rightly guided Khalīfas.

And preceding the statement of he who is coinciding with the bindings evidences, is that which the evidence and the understanding of the Companions, themselves, point towards.

And it has been authentically reported from Ibn ‘Abbas, may Allah be pleased with them both, whereby he said:

“The Prophet ﷺ performed the Tamatu‘ ‘Umrah“, whereby ‘Urwah bin Az-Zubair said: “Abu Bakr and ‘Umar forbade the Tamatu‘ ‘Umrah.”
Ibn ‘Abbas said:” What did ‘Urayah say?”
Whereby he replied: “He said: “Abu Bakr and ‘Umar forbade the Tamatu‘ ‘Umrah“.
To which Ibn ‘Abbas, responded with: ” I see them to perish, I say to you: ” The Prophet ﷺ said” and they say: “Abu Bakr and ‘Umar forbade”

[Reported by Ahmed & other than him]

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


Answered on:
26th, Rabee’ Al-Aakhar, 1438H.

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