Istifta 15 — Taqlid: Following a jurist

If the ahlul khibra have difference of opinion in determining the a'lam mujtahid or just say that following any one from the given number of mujtahids is sufficient, can a person apply the fatwa of one mujtahid in one issue and another mujtahid in another until it becomes clear for him who is the a'lam?
Answer
This question has three parts: First: That some ahlul khibra announce that "it is sufficient to follow one specific mujtahid or of a group of mujtahids." This has no religious value at all. Second: That the ahlul khibra announce that two or more mujtahids are equal in knowledge and piety (in the sense of being careful in deriving the laws [from their sources]), then a lay person has the option of acting according to the views of any one of the mujtahids in all the issues. However, as a matter of precaution (ihtiyat) in some issues, if possible, one could act in such a manner as to fulfill the requirements of both views; for example, in the case of praying concessionary qasr and full (tamam) prayers. [That is, praying the same prayer in qasr as well as in tamam forms.] Third: That some ahlul khibra announce that mujtahid 'a' is the a'lam whereas others among the ahlul khibra announce that mujtahid 'b' is the a'lam. This can have two situations: A person knows that one of the two mujtahids is the a'lam but he does not know which one specifically. This is a very unusual situation and it has been discussed in detail in Minhaju 's-Saliheen, question No. 9. A person does not know which of the two is the a'lam in the sense that he thinks both are equal in knowledge. This refers back to the second of the three parts mentioned above, provided that the person is unable to identify the more Godfearing of the two mujtahids. If he is able to identify the more Godfearing of the two mujtahdis, he must follow the fatwa of that mujtahid.
#taqlid#following_multiple_mujtahids#ahlul_khibra_disagreement#ihtiyat_qasr_tamam#equal_mujtahids_free_choice#more_godfearing_criterion
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