Mufti Online — Madrasah Ta'leemuddeen

Hadith question

· 2 Rabiʻ I 1436 AH1 min readEnglish

Question

I read the following hadith from Abu Dawud: "A’ishah (Radiyallahu Anha) said “In what was sent down in the Qu’ran ten suckling’s made marriage unlawful, but they were abrogated by five known ones and when the Prophet (ﷺ) passed away, these words were among what was recited in the Qur’an.” If somebody agrees with Aisha's (Radiyallahu Anha's) opinion today and claims that the part about five sucklings should really be part of the Quran, will such a person become a kafir? Or is it a valid difference of opinion since a great sahabiah such as Aisha (Radiyallahu Anha) held this opinion?

Answer

People that have the right to have opinions can subscribe to these opinions and people who have the right to have these opinions are the a'immah mujtahideen. For people like us who do not have that level of comprehensive knowledge, we will be doing an injustice if we pretend to be a'immah mujtahideen. Hence, when we are not a'immah mujtahideen then we need to follow them.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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