Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

The Ulema who subscribe to this type of Ijma‟ have restricted it to the people of Madinah. They base their opinion on the Hadith of the Prophet (saw):

“The Madinah city cleanses all filth (Khabath).” (Bukhari & Muslim)

The Ulema also claim that Khabath (خرع ) means mistakes and in this case the Hadith would also indicate that its people are free from mistakes. Since the people are free from mistakes, it follows that their Ijma‟ is considered valid.

The complete text of the Hadith is mentioned in Bukhari and Muslim. It relates that a bedouin gave the pledge of Islam to the Prophet (saw), he then became sick and said: O Prophet (saw), free me from the allegiance I gave to you. The Prophet (saw) rejected. The man then asked again and the Prophet (saw) again rejected, so he left the Prophet (saw) and became well. The Prophet (saw) said:

“The city of Madinah is like the bellows (an instrument used by a blacksmith for blowing air into the fire to make the fire burn quickly). It cleanses its filth (Khabath) and its goodness will shine”. (Bukhari, Muslim & Ahmad)

This Hadith indicates an attribute of the city of Madinah that it cleanses people, it does not indicate the people of Madinah as such. Furthermore, any mistake in Ijtihad cannot be considered as Khabath (filth) because there is no reward in this.

The Prophet (saw) has forbid Khabath (filth). In the following sayings of the Prophet (saw):

“The Dog is Filth and the the price (money obtained from selling) of a dog is Khabith (filth).” (Muslim)

“The dowry (money taken for Zina) of a whore or prostitute is Khabaith (filthy).” (Bukhari & Muslim)

“Alcohol is the mother of all Khabaith (filth).” (An-Nisai)

However, the Mujtahid would be rewarded even if he erred and made an error. For the Prophet (saw) said “My Ummah is not responsible for three things: mistakes, forgetfulness, and whatever is done under duress.” (Ibn Majah)

So, Khabath cannot be considered as an error and Ijma‟ ahlel Madinah cannot be taken as infallible. Furthermore, the Hadith used to justify Ijma‟ ahlel Madinah is not Qata‟i.