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In Allah's name,
the Compassionate, Merciful.

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Praise be to Allah,
Lord of the worlds. No god but Allah alone,

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Muhammad is His servant
and Messenger.

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May Allah bless him, his family,
and Companions.

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And grant abundant peace
till Judgment Day.

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To proceed, this paper I am presenting
rests on three pillars.

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The first concerns the Prophet's ﷺ method
in issuing fatwas.

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By the Prophet's fatwas,
I mean such reports.

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He was asked about something
and answered.

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Not every part of the Sunnah transmitted
from him ﷺ is called a fatwa.

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A great many reports from the Prophet ﷺ
were answers to questions asked of him.

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The best-known and fullest collection
is Ibn al-Qayyim's.

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He compiled it at the end of his book.
That book is I'lam al-Muwaqqi'in.

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I'lam al-Muwaqqi'in 'an Rabb al-'Alamin.

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He stated that he had gathered at the end
of his book a few brief sections.

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"These great fatwas of the imam of muftis,
Allah's Messenger, are this book's soul."

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Ibn al-Qayyim said.

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Its epilogue survives in many manuscripts.
Siddiq Hasan Khan put it in Bulugh al-Sul.

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These fatwas of the Prophet ﷺ have traits.
I'll note briefly; some are unique to him.

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His fatwas and rulings are certain;
other imams' and jurists' are not.

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The Prophet ﷺ's fatwas are general.
Save rare cases Qarafi and others discuss.

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Also, many of the Prophet ﷺ's fatwas
state their underlying reason.

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Also, the Prophet ﷺ would clarify fatwas
through analogy and the like.

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Also, the Prophet ﷺ's fatwas were brief,
yet eloquent. Reading them confirms it.

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And there are other meanings as well,
many of which Ibn al-Qayyim explained.

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The paper's second pillar is this:
The ranks of muftis in the Prophet's Mosque.

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For Mecca and Medina, the two sanctuaries,
are where faith and learning thrive.

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This paper is devoted to the Prophet's City
and his mosque.

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Scholars paid attention to their number,
because they were few.

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Ya'qub ibn Sufyan al-Fasawi records
in his history that Imam Malik said this.

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“Few in Medina issued fatwas.”

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“One who fears Allah ﷻ
is unlike one who does not fear Him.”

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Listing those muftis is useful.

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It brings many benefits.

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One benefit is knowing their method.

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I will note it in the final pillar.

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They are the ones from whom
both knowledge and conduct are passed on.

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So most of the transmissions I will cite
concern these names.

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Second, these scholars' fatwas in Medina
shaped fiqh in the first 3 centuries.

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Those using Madinan practice
relied on them.

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That is why Imam Malik
often said as much.

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This was the view held by the scholars of
my town.

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He named those muftis in the Muwatta'
and elsewhere.

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Al-Dawudi said:

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Malik's "our town's practice" or "our
consensus" refers to Rabi'ah.

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That is, Rabi'ah ibn Abi 'Abd al-Rahman,
and Ibn Hurmuz.

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Al-Dawudi said: then, after that,
all knowledge and fatwa passed to Malik.

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Though al-Shafi'i did not rely on Madinan practice,
he still cited their views.

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In al-Umm, on one issue, he said most
Madinan muftis held this view.

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Imam al-Shafi'i's statement there is for
support, not for proof.

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The classes are three.

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First, the Companions;

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not all of them gave fatwas in the Mosque
of the Prophet ﷺ.

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This was narrated by Abu Nu'aym.

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Others, and Qiwam al-Sunnah in Siyar al-Salaf,
report from Safwan ibn Sulaym:

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In his Mosque, only four gave fatwas then.

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They were Umar, Ali, Mu'adh, and Abu Musa.

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Second and third are the Tabi'un
and followers;

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about 50 scholars gave fatwas there.

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In the Prophet's Mosque,
some gave few fatwas and others many.

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And by the close of the third tier,
I mean in rank, not in date of death.

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It ends with Imam Malik,
as Taqi al-Din held in Usul al-Madinah.

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The third and final pillar is the conduct
of the salaf of the first 3 centuries.

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There, they followed one fatwa method. It
was the Prophetic Sunnah.

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When this is tied to the Prophet's Mosque,
it follows an established juristic rule.

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Good and bad multiply
by noble time and place.

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Ibn Muflih reports this in al-Furu'
from Abu Ya'la, Ibn al-Jawzi, and others.

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Part of their etiquette was this.

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They were wary of giving fatwas there.

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Only the fit and qualified did so.

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Earlier, Safwan ibn Sulaym said:

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"Only Umar, Ali, Mu'adh, and Abu Musa (RA)
gave fatwas in the Prophet's Mosque."

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This report shows just how cautious
and careful they were.

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Legal theorists drew
a subtle point from this.

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Mu'adh and Abu Musa
were below Umar and Ali.

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Indeed, they were below the Ten as well.

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One may consult a qualified
lesser scholar.

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This holds even if a better one
is present.

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Legal theorists reported consensus on it.

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Medina's leading scholars gave fatwas as
little as they could.

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Malik said: Nafi' did not issue fatwas
during Salim ibn Abdullah's life.

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Malik also said that Nafi' rarely
issued fatwas.

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They greatly revered fatwas.

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In the Prophet's Mosque,
they were strict about them.

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They scrutinized its wording and proof,
favoring reports over views and guesswork.

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Imam Ahmad and others narrated this from
Rifa'ah ibn Rafi', a veteran of Badr.

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Rifa'ah was with Umar when he was told
Zayd ibn Thabit was giving people fatwas.

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In the Prophet's Mosque, he gave people
fatwas based on his own opinion.

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The case involved one who has intercourse
without ejaculating.

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Bring him to me.

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Zayd explained that he had based it
on a hadith from his Ansari uncles (RA).

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So they brought him to Umar.

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And with that, my two minutes are up.
Alright.

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They still hesitated to give fatwas.

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Late in life, Rabi'ah told al-Zuhri
he could give fatwas in Madinah.

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At the Prophet's Mosque.

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"If I did that, people would crowd
at my heels, but I should not do it."

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Not until I renounce this world
and long for the Hereafter.

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In Madinah, only Saeed ibn al-Musayyib
gave rulings on divorce.

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Umar ibn Umar ibn Muhammad
ibn al-Munkadir said:

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I was sitting with my father
in the Prophet's Mosque.

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A man passed by us, addressing the people,
issuing rulings and telling stories.

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My father called him.

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O Abu So-and-so.

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Speaker fears Allah.
Hearer hopes for mercy. Part of their etiquette was this.

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Scholars had to attest fitness
before one gave fatwas.

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Malik said:
I did not issue fatwas.

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Not until seventy men
said I was fit for it.

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Malik would refrain from giving fatwas.

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This showed a mufti needed
scholars' approval.

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Abdullah ibn Wahb al-Misri said:
A man came to ask Malik about an issue.

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Ibn al-Qasim rushed to answer,
but Malik cut him off.

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Malik turned to him angrily.

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You dare issue fatwas, Abd al-Rahman!

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He kept repeating it to him.

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I did not give fatwas until I asked
whether I was fit or not.

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When his anger subsided, Malik was asked,
"Whom did you ask?"

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He said, "I asked al-Zuhri
and Rabi'ah al-Ra'y."

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Malik said:
I liked to follow Ibn Hurmuz.

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He gave few fatwas.

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He was extremely cautious.

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He would often give a man a fatwa,
then send after him to tell him otherwise.

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Malik said,
"Ibn Hurmuz was a man I loved to emulate."

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"He spoke little, gave few fatwas,
and was extremely cautious."

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"He would often give a man a fatwa."

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Then he sent after him.

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They lamented the prominence
of those unfit to issue fatwas.

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A man found Rabi'ah ibn
Abd al-Rahman al-Madani weeping.

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Alarmed by his tears, he asked.

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"What makes you weep?
Has disaster struck you?"

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"No. Someone with no knowledge
was asked for fatwas."

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A grave matter has arisen.

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He said, "Some who issue fatwas here
deserve prison more than thieves."

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Many of them denounced those
asked for fatwas without qualification.

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Ibn Hurmuz said: He has not sought
this matter rightly if people ask him.

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Malik said,
"He issues fatwas in ignorance."

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"He neither sought it properly
nor learned from those who know."

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They were also keen on proper
instruction and learning.

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Malik said, Zayd ibn Aslam told Ibn Ajlan,
"Go learn how to ask, then come back."

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As a final report, Iyad relates this in
<i>Tartib al-Madarik</i>.

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Muhammad ibn Ajlan came to Malik.
Sharp-tempered, he stood and asked.

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What of one who tells people
the Prophet took ihram at Dhul-Hulayfah?

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Malik said,
"If you sit down, I'll hear you out."

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Muhammad ibn Ajlan sat down.

145
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Malik said, "Suppose what you said
of the Messenger ﷺ taking ihram is true."

146
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If, as you say, he entered ihram
at al-Bayda', doesn't it include mine?

147
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He said, "Yes."

148
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If he entered ihram from the mosque,
wouldn't that exclude your disputed view?

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The safer course is to start
from Masjid al-Hulayfah.

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May Allah send prayers, peace,
and blessings on our Prophet Muhammad ﷺ.