The khilaf amongst the ulama 1: Not knowing the hadith – Omar Suleiman There are two books that I recommend to you guys, (إن شاء الله تعالى). One of them is from Shah Waliy Allah, it’s called “Al-Insaf fi Bayan Sabab al-Ikhtilaf”. The other one is a book by Imam Al-‘Utsaimin (رحمه الله تعالى) which is called “Al Khilaf Bainal-‘Ulama’, Asbabuhu Wa Mauqifuna Minhu”. So these are two books that are very nicely written which basically explain how ulama could differ in the presence of a hadist. And so we’ll go through some of these reasons. One of them simply that the evidence, or that the hadith was not known to the scholar at the time he issued his judgment. That is a possibility it happened even amongst the sahabah. A lot of people take great offense to that. And again, we have to be intellectually honest when we study history. Even the Sahabah, there were some sahabah that did not know certain ahadith. And we find many different examples of that. In the time of Umar (رضي الله تعالى عنه), we find that there was a plague in Ash-Sham. Okay, and when Umar (رضي الله تعالى عنه), when that plague broke out, he asked the sahabah what they thought should be done. And they all have different opinions. Then Abdurrahman bin Auf (رضي الله تعالى عنه) came and he said, “I heard the Prophet (ﷺ) said that if a plague breaks out in a land, you’re not there, don’t go there, and if you’re there, don’t leave there.” Plague breaks out, if you’re there don’t leave and if you’re not there, don’t go. So once Abdurrahman bin Auf came with I heard the Prophet (ﷺ) said this, all the sahabah said, “Okay, there it goes then.” So they had different opinions before that but Abdurrahman bin Auf said wait, but I heard the Prophet (ﷺ) speak about this issue. So that shows you that the sahabah did not know the hadith. In fact, I’ll give you a very perplexing fiqh issue as well. What’s the iddah of a pregnant woman? What is the iddah, the waiting period of a pregnant woman? Until she delivers, right? What’s iddah of a widow? Four months and ten days, okay. Now what’s the iddah of a pregnant widow? You see the problem here? There are two text, very clear. The iddah of a pregnant woman in the Quran is (أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ) (At-Talaq: 4) The waiting period is until it ends when they deliver a baby. Whereas the iddah of the widow, (وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًۭا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ) (أَرْبَعَةَ أَشْهُرٍۢ وَعَشْرًۭا) (Al-Baqarah: 234) Allah (سُبْحَانَهُ وَ تَعَالَى) says about the woman whose husband passes away, that their iddah would be four months and ten days. So what’s the ruling on a widow who was pregnant? What happens there? So the sahaba had a dilemma. Ali (رضي الله تعالى عنه) and Ibnu Abbas (رضي الله تعالى عنه), they initially ruled that she should wait the longer period of the two. Let’s say that my pregnancy ended or that I delivered the baby two months after my husband passed away. Then I still have to wait till 4 months and 10 days. Or if I’m still pregnant when 4 months and 10 days finishes, I need to wait until I deliver the baby. You guys understand? So that was the opinion of Ali and Ibnu Abbas (رضي الله تعالى عنه) initially. But then, they found the hadith. One of the companions came forth, Abu Musa (رضي الله تعالى عنه). And he said that the Prophet (ﷺ), he permitted Subaiyah Al-Aslamiyah to get married only a few nights after her husband passed away. Why? Because she gave birth the day after her husband passed away. Meaning the Prophet (ﷺ) ended her iddah with the shorter of the two. So, Ali and Ibnu Abbas reverse the opinion there. So, there are numerous examples I can give, there are over a hundred of them actually that are listed. One of them is kind of funny that Umar (رضي الله تعالى عنه) was sitting in his house and Abu Musa al-Ash’ari (رضي الله تعالى عنه) came and he knocked on his door. And he sought permission to enter three times and then he left. And Umar (رضي الله تعالى عنه) was sitting in this house and basically him and Abu Musa were bores. So he was like, why did you wait for me to come receive you at the door, you should have just knocked and then came in. Give it some time, and then came in. Abu Musa said, “But I heard the Prophet (ﷺ) said that if you seek permission three times and you’re not given permission then you leave.” So Umar (رضي الله تعالى عنه) he said, “Are you sure the Prophet (ﷺ) said that?” He said, “Yeah I’m sure the Prophet (ﷺ) said that. He said get some others sahabah that have heard the Prophet (ﷺ) say that too! So Abu Musa (رضي الله تعالى عنه) goes and he tries to find some other sahabah that have heard the Prophet (ﷺ) say that as well. And Umar (رضي الله تعالى عنه) makes him establish that more sahabah heard that as well because Umar (رضي الله تعالى عنه) was surprised that he never heard that from the Prophet (ﷺ). Okay, so this is something that took place there’s no doubt about it that sometimes a judgment was made even by a companion without knowing a hadith that was explicit in regards to that case.