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abu_tamim

Taqlid And Its Rejecters.

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Salamun 'alaykum.

 

Taqlid during the Prophet’s (saw) era:

 

Narrated Al-Aswad bin Yazid: Mu'adh bin Jabal came to us in Yemen as a teacher and a governor, and we (the people of Yemen) asked him about (the distribution of the property of ) a man who had died leaving a daughter and a sister. Mu'adh gave the daughter one-half of the property and gave the sister the other half.

Bukhari, Kitab al-Fara'id, Volume 8, Book 80, Number 726.

 

The version in Abu Dawood adds, "This was in the Prophet's (saw) lifetime."

 

We learn from this hadith that taqleed was in vogue during the blessed era of the Prophet (saw). The questioner did not ask for proof. He accepted the fatwa of Hadrat Mu’adh purely on the basis of the latter’s integrity. This is taqleed. Then there is no evidence of the Prophet (saw) disagreeing with the fatwa or its implementation. Nor for that matter is any difference or rejection recorded. Thus, permissibility of taqleed and its freely open practice during the Messenger’s (saw) lifetime is established.

 

Yahya related to me from Malik that Yahya ibn Sa'eed said that Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to do hajj and then, when he reached an-Naziya, on the road to Makka, his riding beasts strayed. He reached Umar ibn al-Khattab on the day of sacrifice and told him what had happened and Umar said, "Do what someone doing Umra would do, and then you can leave ihram, and then when the hajj next comes upon you, do it and sacrifice whatever animal is easy for you."

Muwatta’ Malik, Hajj, chapter 20, hadith 162.

 

From this hadith we learn that those Companions who could not make Ijtihad would make taqleed of the Mujtahideen Sahaba. Hadrat Abu Ayyub was also a Companion and he did not ask Hadrat ‘Umar for evidence of his fatwa.

Incidents of this nature among the Companions and even during the blessed era of Allah’s Messenger (saw) and fataawa without references and proofs among the Sahaba or among the Tabi’un and Companions have been documented with such abundance that it is a difficult task to compile them all. Those who are versed in hadith literature are well aware of this.

 

Following a particular Imam or School:

 

Hadrat Hudhayfa (ra) narrated that the Prophet (saw) said: “ I don’t know how long I will be with you people. Therefore, follow these two after me.” The Messenger (saw) indicated Abu Bakr (ra) and ‘Umar (ra).

Jame’ Tirmidhi, Musnad Ahmad(5/399), “Fadha’il al-Sahaba” (479), Tahawi in “Sharh Al-Mushkil” (1233), Ibn Hibban (6902), Ibn Sa’d (2/334).

 

Also Imam Tirmidhi narrated, "Hudhaifa (ra) said: The Prophet (saw) said, “Follow those after me: Abu Bakr and Umar.”

Jame' Tirmidhi, Al Manaaqib, hadith 3662.

 

The meaning of “after me” is; during their Caliphate. So, the order is to follow them during their respective terms of Caliphate. Obviously, the Caliph is a single person. The conclusion is to follow Hadrat Abu Bakr (ra) and Hadrat ‘Umar (ra) during their Caliphates.

 

So, the Prophet (saw) instructed that one particular person be followed for a specific time. Nowhere did he say that proof for Ahkaam should also be enquired. Nor was it a standard practice for ascertaining the proof for every mas’ala. This is nothing but following an Imam or Madhhab.

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