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

The Prophet (saw) received the revelation from Allah (swt) and delivered it to all the people. The Muslims who used to live close to him (saw) were the Sahabah (ra). When the Prophet (saw) migrated to Madinah they went along with him. The Muslims of Makkah were the Muhajireen and the Muslims of Madinah were the Ansar. He (saw) received the Message from Allah (swt) and was ordered to convey it. Allah (swt) says in the Qur‟an:

“O Messenger, deliver the Message that was sent down to you from your Rabb, and if you did not do it, you did not convey His Message....” (TMQ Al-Ma‟ida: 67)

“And we sent down to you the Zikr (the Qur‟an), so that you would explain to mankind, that which was sent down to them” (TMQ An-Nahl: 44)

With these Ayahs in mind, there are certain points that need to be mentioned:

1. No one would give a Fatwa in the presence of the Prophet, since they knew that he (saw) was the authority.

2. Sometimes the Prophet would give the Sahabah (ra) an instruction, and the Sahabah (ra) would understand that instruction in two different ways. Moreover, the Prophet (saw) would approve both groups in following their understandings. An example of this has been mentioned earlier regarding the incident when the Prophet (saw) returned from the battle of Khandaq (ditch) and instructed the Sahabah not to pray Asr except in Bani Qurayzah.

From this we understand that both groups of the Sahabah (ra) discussed their different understandings of the same order of the Prophet (saw), and referred it back to him (saw). The Prophet (saw) approved both understandings. It is important to note that the differences did not occur due to an ambiguity in the order; rather it occurred due to the ability of Arabic language to convey various meanings and understandings.

3. During the lifetime of the Prophet (saw), if the Sahabah (ra) were travelling without the Prophet (saw), they used to conduct Ijtihad, and then refer back to the Prophet (saw) when they returned. For example: It was narrated on the authority of Jabir (ra): “a man was struck by a stone that fractured his skull. Then he had a wet dream. He asked his companions - do you know of a permit (Rukhsa) for me to perform Tayammum (dry ablution)? They said, „we do not find any permit for you and you can use water.‟ He then had a bath and died. When hearing this the Prophet (saw) said:

“Verily, it would have sufficed for him to make Tayammum, so tie a piece of cloth around his head and wipe over it and wash the rest of his body.” And the Prophet (saw) said:

“Why did they not ask when they did not know. Indeed, the cure for inability and lack of knowledge is to ask.” (Abu Dawud, Ibn Majah & Ahmad)

The preceding points illustrate that the Qur‟an and the Sunnah were the only acceptable reference points for the Sahabah (ra), and that they would refer back to the Prophet (saw) in cases of uncertainty.