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abu hafs
22nd March 2007, 02:31 PM
Salaamualaikum
when does answering a question become a fatwa ?
Walaikumussalam

Abuz Zubair
23rd March 2007, 12:07 PM
Technically speaking a fatwa is to inform one of Allah's ruling on an issue.

For instance: What is the ruling on Salah five times a day?

Answer: It is Wajib -- this is a fatwa.

What is the ruling on alcohol?

Answer: It is Haram to drink -- this is fatwa.

What is the ruling on driving a car?

Answer: It is mustahab -- fatwa

What is the ruling on eating and drinking while standing?

Answer: Makruh (according to some scholars) -- fatwa

abudurrah
23rd March 2007, 02:50 PM
technically speaking anyone can give a fatwa....obviously not

give a practical answer please

abu hafs
23rd March 2007, 04:15 PM
What if i tell a new muslim that you can place ur hands anywhere u wish i.e above or below navel , Am I passing a fatwa ?
Where exactly is the line drawn and how does it relate to the hadith "...narrate from me even an ayah..."

Umm
23rd March 2007, 04:26 PM
There's a difference between citing someone else's fatwa and issuing your own one.

Abuz Zubair
23rd March 2007, 08:55 PM
Yes... telling someone where to place the hands is also a fatwa.

But what sister Umm said is right. When a muqallid mufti passes a fatwa based on a madhab, he isn't technically giving a fatwa. He is simply narrating it. In that case, the scholars say that the 'Mufti' should attribute the ruling to the madhab clearly... i.e. the madhab position is such-and-such, or such and such scholar said this.

But he should only do so when a) he is asked by a person and b) this person cannot find someone better than him to ask.

As far as 'proclaim from me, even if it be one verse', is concerned, then it depends on the subject matter.

If the text is about something agreed upon and generally known amongst all Muslims, such that there is no difference amongst the scholars concerning the issue, then in that case the person should proclaim what he knows from the verse, such as the prohibition of drinking alcohol or gambling.

But if the text is not clear cut, and therefore there is difference of opinion over the subject matter then he should avoid giving preference to one opinion over other.

Imam Ahmad would be asked many questions, but he would prefer silence and say Allah Alam. Not because he did not know the opinions of scholars over the issue, but because he couldn't discern which of the opinions are correct.

So knowing the various opinions of the scholars does not make one knowledgeable enough to pass verdicts.