Sh. Abdullah al-Judai on the texts related to imitation (tashabbuh) - (personal notes from 2022):

قال الشيخ عبدُ الله الجُديع:
'التشبُّه' على وزنِ تفعُّل وفيه إرادةٌ وقصدٌ وتكلّفٌ، مثل التشجُّعِ والتحمُّلِ والتفقُّهِ.
حرمةُ التشبُّهِ في القرآنِ في سياقِ التشبُّهِ بالكافرينَ في كُفرِهم والفاسقينَ في فِسقِهم والظالمينَ في ظُلمِهم. وليسَ في القرآنِ كلامٌ على الهيئاتِ الظاهرةِ.

هناك نصوصٌ للتشبّهِ في السحورِ وقصِّ الشاربِ واللِّحيةِ والصبغِ.
- والحديثُ في السحورِ يدلُّ على نعمةِ الله علينا برَحمتِه بنا.
- وقصُّ الشارب أيضا يتعلّقُ بأمرِ الطعامِ والشرابِ والرائحةِ، ولأجلِ ذلك جاءَ التأكيدُ فيه أشدّ، حتّى بعض أهل العلم قالَ بالوجوب، وبعضهم بالَغُوا فيه إلى حدِّ الحلق لأنّ النبيَّ (صلى الله عليه وسلم) قال: 'مَن لمْ يأخذْ مِنْ شاربِه فليسَ مِنّا'.

وليسَ في هذه الأشياءِ وفي هذا البابِ حديثٌ في سياق العقائدِ ولا في المسائلِ الكلّيّاتِ. هذه في مسائلِ الأخلاقِ والآدابِ وقضايا تعودُ إلى الأكملِ والأفضلِ والأحسنِ.

أمّا حديثُ 'مَن تشبَّهَ بقومٍ فهوَ منهم'، فهو إجمالٌ وهذا لو صحّ الحديثُ، وهو ضعيفٌ. والإجمالُ يُعاد فيه إلى التفسيرِ والبيانِ.

A more detailed treatment on the topic by Sh. Judai can be found in this paper, as well as his book on the beard: 'al-Lihyah' (since the authentic hadiths on the beard refer to mukhalafah of other groups and can therefore be relevant to its legal status).

'Can the Sunnah truly contradict the Quran?'
https://www.youtube.com/watch?v=s5Puk_3l6bo

This is a video taken from my Usul al-Fiqh series, where I discuss the popular question on the relationship between the Quran and the Sunnah while citing several examples on the topic. I hope you find it informative. 🙏

Timestamps:
00:00 - How the Sunnah serves as an explanation (bayan) of the Quran
04:55 - Can the Sunnah actually contradict the Quran?
14:18 - A famous hadith on the creation of the earth, argued to be inauthentic by Bukhari

1 - Introduction to Usul al-Ifta'

2 - Burying deceased in a coffin

3 - Isha during persistent twilight

4 - Incident of 'Amr ibn al-'As and ijtihad as a relatively new convert

5 - If a scholar changes his opinion after issuing a fatwa, must he inform the questioner?

6 - When the terms Mujtahid Mutlaq/Muqayyad originated?

7 - Tarawih and the reports on the number of units

8 - Avoiding anachronisms in the prohibition of 'adoption' (tabanni)

In 2024, I took Sh. Abdullah al-Judai's course on Ifta' and shared these personal recordings with my lovely Usul al-Fiqh cohort. I'm sure some will find this interesting, so I share them here.

Note: at the end of the recording on persistent twilight, I mentioned Sh. Judai's view on combining Maghrib and Isha before the period of persistent twilight, particularly when Isha gets very late (and there is difficulty). I said this is what he mentions in his paper on the topic, which is an error on my part - he rather mentioned this to me in person. In his paper, he only alluded to this and focused mainly on Isha after persistent twilight. (I may have a future live session on the topic where I explore this further.)

Today's live session will be on Sh. Hatim al-Awni's 'Ikhtilaf al-Muftin', a work on how non-specialists should navigate scholarly differences, and a ton of other topics on Usul.

InSha'Allah we'll start at 7:30 PM (UK), which is an hour from now:
https://us06web.zoom.us/j/5485476404?pwd=PkizdqUQqDFbyO6RFaxItK3kXyvTho.1

Starting now

I also just shared a short thread on Sh. Hatim al-Awni's Ikhtilaf al-Muftin:
https://fxtwitter.com/i/status/2048875089622396946

Sh. Hatim al-Awni - الخلاف الفقهي (part 1/3) - (personal notes)
https://t.me/Hatim_Al3uny/2840

10:00 - The idea of scholarly disagreement itself should not be considered an issue, to the extent that even a scholar who errs in judgement is rewarded.

10:55 - There is a consensus that valid and acceptable scholarly disagreements exist (which is also cited by Qadi Iyad and Imam Nawawi).
The Sahaba differed with one another in countless legal issues without imposing their opinions on one another. This is despite it being possible to have imposed their opinion on others, particularly those who held authority in different regions.
The Sahaba disagreed in issues when they dispersed in different regions. The Tabi'un likewise differed, including the seven famous jurists of Madinah. No scholar condemned the opinions held by others except those particular conclusions they believed deserved condemnation. Imam Malik famously also did not impose his views when he had the opportunity to do so by the state.


42:00 - Imam Shafi'i said regarding the hadith on camel meat invalidating wudu' that if he considered the hadith authentic he would act on it. Bayhaqi and others argue that the hadith is authentic and quote Shafi'i's famous statement: "When a report is sound, it is the view I adopt" (إذا صحّ الحديثُ فهو مَذهبي) for this legal issue because Shafi'i stated this explicitly here. In other words, Shafi'i had no problem with the import (dalalah) of the hadith indicating invalidity of wudu', but just its authenticity (thubut).
This is mentioned by Awni simply by way of example, rather than to prefer one view over the other.

44:05 - Awni cites another example from Shafi'i making the same contingent argument regarding a hadith, which later scholars acknowledged.

Awni notes that it is also possible that if a hadith is authentic, one may dispute its import (dalalah) and argue for the same conclusion as someone who disputes its authenticity (thubut).

Sh. Hatim al-Awni - الخلاف الفقهي (part 2/3)
https://t.me/Hatim_Al3uny/2841

00:45 - Some scholars cite consensus on the prohibition of chess, but this is not an issue of 'umum al-balwa (i.e. an issue of widespread relevance and concern) for there to be an actual valid consensus. In fact, we find reports from early scholars like Sa'id ibn al-Musayyab and Ikrimah permitting chess.

Ishaq Ibn Rahuwayh also argues that it is prohibited only when it involves gambling, and that otherwise it is discouraged (makruh). There are also other reports from the Salaf. These scholars obviously did not believe there to be a consensus for them to hold the view of permissibility.

Ibn Abi Shaybah has a chapter in his Musannaf for those who prohibited chess. He does not mention any dispute on the issue besides that.
However, Ibn Qutaybah in 'Uyun al-Akhbar shares an authentic transmission through his teacher Ishaq ibn Rahuwayh right to Sa'id ibn al-Musayyab arguing for permissibility. Therefore, it is not correct to simply gather reports from one book to arrive at a conclusion [of consensus] as it may not be comprehensive.


04:20 - An indication (qarinah) that an opinion is acceptable and valid - rather than an intrinsic proof (dalil) - is that it is held by the majority. Awni says that he is not aware of an opinion that three of the four Imams held at once which is not [at least] valid.

E.g. performing salah in congregation in the mosque.
Salah in congregation is an emphasised Sunnah according to Abu Hanifah and Malik. It is Fard Kifayah based on the main view of Shafi'i. Ahmad argues salah in congregation itself is obligatory but can be performed anywhere, and it is sunnah to do so in the mosque (based on the main view in the school).
From Ahmad, there is also a related report mentioned by Ibn Abi Hatim (in his 'al-Jarh wa al-Ta'dil') transmitted through his father, from Salih, from his father Ahmad. The report mentions that during the time of salah, Ali ibn al-Madini asked whether they should go to the mosque to pray. Ahmad replied that they are currently in a congregation, so they performed salah together where they were rather than in the mosque. Therefore, the practice of Ahmad also indicates that he did not believe performing salah in congregation in the mosque to be obligatory.
Accordingly, from the four Imams, none actually argued that it is obligatory to perform salah in congregation in the mosque in particular - so Awni argues it cannot be said that this view is completely invalid. Awni says that if someone wanted to argue for another view, then principally that is not a problem, but the view of the majority should not be labelled invalid.


42:00 - To label something bid'ah is to condemn the act (and claim it contradicts something conclusive, i.e. qat'i). Therefore, to say there exists valid disagreement on an issue while labelling the view bid'ah is a contradiction because a valid disagreement cannot be condemned by definition.

45:45 - Ibn Qutaybah argues that one should be just and fair even when describing a view to be invalid or those who adopt it. Awni cites a relevant quote by him on the topic of nabidh.

53:00 - Awni shares examples from Ahmad expressing caution in associating people with bid'ah.