Footnotes (4)

45 Ar.: ittibaa'

46 Abu Daawood in Masaa'il of Imaam Ahmad (pp. 276-7)

47 Ibn 'Abdul Barr in Jaami' Bayaan al-'Ilm (2/149).

48 Ibn al-Jawzi (p. 182).

49an-Nisaa', 4:65

50 an-Noor, 24:63

51 Even against their fathers and learned men, as Tahaawi in Sharh Ma'aani al-Aathaar (1/372) & Abu Ya'laa in his Musnad (3/1317) have related, with an isnaad of trustworthy men, from Saalim ibn 'Abdullaah ibn 'Umar, who said:

"I was sitting with Ibn 'Umar (radi Allaahu 'anhu) in the mosque once, when a man from the people of Syria came to him and asked him about continuing the 'Umrah onto the Hajj (known as Hajj Tamattu'). Ibn 'Umar replied, 'It is a good and beautiful thing.' The man said, 'But your father (i.e. 'Umar ibn al-Khattaab) used to forbid it!' So he said, 'Woe to you! If my father used to forbid something which the Messenger of Allaah (sallallaahu 'alaihi wa sallam) practised and commanded, would you accept my father's view, or the order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) ?' He replied, 'The order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam).' He said, 'So go away from me.' Ahmad (no. 5700) related similarly, as did Tirmidhi (2/82) and declared it saheeh.

Also, Ibn 'Asaakir (7/51/1) related from Ibn Abi Dhi'b, who said:

"Sa'd ibn Ibraaheem (i.e. the son of 'Abdur Rahmaan ibn 'Awf) passed judgment on a man on the basis of the opinion of Rabee'ah ibn Abu 'Abdur Rahmaan, so I informed him of the saying of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) which was contradictory to the judgment. Sa'd said to Rabee'ah, 'We have Ibn Abi Dhi'b, whom I regard to be reliable, narrating from the Prophet (sallallaahu 'alaihi wa sallam) contrary to what I ruled.' Rabee'ah said to him, 'You have made your effort, and your judgment has been passed.' Sa'd said, 'Most amazing! I enforce the decree of Sa'd, and not the decree of the Messenger of Allaah (sallallaahu 'alaihi wa sallam)! No, I shall withdraw the decree of Sa'd, son of the mother of Sa'd, and enforce the decree of the Messenger of Allaah (sallallaahu 'alaihi wa sallam).' So Sa'd called for the written decree, tore it up and gave a new verdict."

52 In fact, he would be rewarded, because of the Prophet's saying (sallallaahu 'alaihi wa sallam): "When a judge passes judgment, if he makes his effort (ijtihaad) and rules correctly, he will have two rewards; if he makes his effort (ijtihaad) and rules wrongly, he will have one reward." (Related by Bukhaari, Muslim & others.)

53 Quoted in the notes on Eeqaaz al-Himam (p. 93)

54 Fulaani (p. 99)

55 cf. al-Waaqi'ah 56:13-14

56 Ibn 'Aabideen in Haashiyah (1/62), & Lucknowi gave its source in an-Naafi' al-Kabeer (p. 93) as Ghazaali.

57 He himself says at the beginning of his Concise Shaafi'i Fiqh (printed in the margin of Imaam Shaafi'i's Al-Umm):

"This book is a selection from the knowledge of Muhammad ibn Idrees al-Shaafi'i (rahimahullaah) and from the meanings of his sayings, to aid the understanding of whoever wants it, knowing of his forbidding the following of his, or anyone else's, opinion, so that such a person may carefully look for his Deen in it."

58 In which he has explained his opposing his Imaam in about twenty masaa'il (nos. 42, 44, 103, 120, 158, 169, 172, 173, 228, 230, 240, 244, 274, 275, 284, 314, 331, 338, 355, 356 - from Ta'leeq al-Mumajjid 'alaa Muwatta' Muhammad (Important Notes on Muhammad's Muwatta'))

59 Ibn 'Aabideen mentioned him among them in Haashiyah (1/74) & in Rasm al-Mufti (1/17). Qurashi mentioned him in Al- Jawaahir al-Madiyyah fi Tabaqaat al-Hanafiyyah (p. 347) and said, "He was a reliable transmitter of Hadeeth. He and his brother Ibraaheem were the two shaikhs of Balakh of their time."