In Allah's name, the Compassionate, Merciful.
Praise be to Allah, Lord of the worlds. No god but Allah alone,
Muhammad is His servant and Messenger.
May Allah bless him, his family, and Companions.
And grant abundant peace till Judgment Day.
To proceed, this paper I am presenting rests on three pillars.
The first concerns the Prophet's ﷺ method in issuing fatwas.
By the Prophet's fatwas, I mean such reports.
He was asked about something and answered.
Not every part of the Sunnah transmitted from him ﷺ is called a fatwa.
A great many reports from the Prophet ﷺ were answers to questions asked of him.
The best-known and fullest collection is Ibn al-Qayyim's.
He compiled it at the end of his book. That book is I'lam al-Muwaqqi'in.
I'lam al-Muwaqqi'in 'an Rabb al-'Alamin.
He stated that he had gathered at the end of his book a few brief sections.
"These great fatwas of the imam of muftis, Allah's Messenger, are this book's soul."
Ibn al-Qayyim said.
Its epilogue survives in many manuscripts. Siddiq Hasan Khan put it in Bulugh al-Sul.
These fatwas of the Prophet ﷺ have traits. I'll note briefly; some are unique to him.
His fatwas and rulings are certain; other imams' and jurists' are not.
The Prophet ﷺ's fatwas are general. Save rare cases Qarafi and others discuss.
Also, many of the Prophet ﷺ's fatwas state their underlying reason.
Also, the Prophet ﷺ would clarify fatwas through analogy and the like.
Also, the Prophet ﷺ's fatwas were brief, yet eloquent. Reading them confirms it.
And there are other meanings as well, many of which Ibn al-Qayyim explained.
The paper's second pillar is this: The ranks of muftis in the Prophet's Mosque.
For Mecca and Medina, the two sanctuaries, are where faith and learning thrive.
This paper is devoted to the Prophet's City and his mosque.
Scholars paid attention to their number, because they were few.
Ya'qub ibn Sufyan al-Fasawi records in his history that Imam Malik said this.
“Few in Medina issued fatwas.”
“One who fears Allah ﷻ is unlike one who does not fear Him.”
Listing those muftis is useful.
It brings many benefits.
One benefit is knowing their method.
I will note it in the final pillar.
They are the ones from whom both knowledge and conduct are passed on.
So most of the transmissions I will cite concern these names.
Second, these scholars' fatwas in Medina shaped fiqh in the first 3 centuries.
Those using Madinan practice relied on them.
That is why Imam Malik often said as much.
This was the view held by the scholars of my town.
He named those muftis in the Muwatta' and elsewhere.
Al-Dawudi said:
Malik's "our town's practice" or "our consensus" refers to Rabi'ah.
That is, Rabi'ah ibn Abi 'Abd al-Rahman, and Ibn Hurmuz.
Al-Dawudi said: then, after that, all knowledge and fatwa passed to Malik.
Though al-Shafi'i did not rely on Madinan practice, he still cited their views.
In al-Umm, on one issue, he said most Madinan muftis held this view.
Imam al-Shafi'i's statement there is for support, not for proof.
The classes are three.
First, the Companions;
not all of them gave fatwas in the Mosque of the Prophet ﷺ.
This was narrated by Abu Nu'aym.
Others, and Qiwam al-Sunnah in Siyar al-Salaf, report from Safwan ibn Sulaym:
In his Mosque, only four gave fatwas then.
They were Umar, Ali, Mu'adh, and Abu Musa.
Second and third are the Tabi'un and followers;
about 50 scholars gave fatwas there.
In the Prophet's Mosque, some gave few fatwas and others many.
And by the close of the third tier, I mean in rank, not in date of death.
It ends with Imam Malik, as Taqi al-Din held in Usul al-Madinah.
The third and final pillar is the conduct of the salaf of the first 3 centuries.
There, they followed one fatwa method. It was the Prophetic Sunnah.
When this is tied to the Prophet's Mosque, it follows an established juristic rule.
Good and bad multiply by noble time and place.
Ibn Muflih reports this in al-Furu' from Abu Ya'la, Ibn al-Jawzi, and others.
Part of their etiquette was this.
They were wary of giving fatwas there.
Only the fit and qualified did so.
Earlier, Safwan ibn Sulaym said:
"Only Umar, Ali, Mu'adh, and Abu Musa (RA) gave fatwas in the Prophet's Mosque."
This report shows just how cautious and careful they were.
Legal theorists drew a subtle point from this.
Mu'adh and Abu Musa were below Umar and Ali.
Indeed, they were below the Ten as well.
One may consult a qualified lesser scholar.
This holds even if a better one is present.
Legal theorists reported consensus on it.
Medina's leading scholars gave fatwas as little as they could.
Malik said: Nafi' did not issue fatwas during Salim ibn Abdullah's life.
Malik also said that Nafi' rarely issued fatwas.
They greatly revered fatwas.
In the Prophet's Mosque, they were strict about them.
They scrutinized its wording and proof, favoring reports over views and guesswork.
Imam Ahmad and others narrated this from Rifa'ah ibn Rafi', a veteran of Badr.
Rifa'ah was with Umar when he was told Zayd ibn Thabit was giving people fatwas.
In the Prophet's Mosque, he gave people fatwas based on his own opinion.
The case involved one who has intercourse without ejaculating.
Bring him to me.
Zayd explained that he had based it on a hadith from his Ansari uncles (RA).
So they brought him to Umar.
And with that, my two minutes are up. Alright.
They still hesitated to give fatwas.
Late in life, Rabi'ah told al-Zuhri he could give fatwas in Madinah.
At the Prophet's Mosque.
"If I did that, people would crowd at my heels, but I should not do it."
Not until I renounce this world and long for the Hereafter.
In Madinah, only Saeed ibn al-Musayyib gave rulings on divorce.
Umar ibn Umar ibn Muhammad ibn al-Munkadir said:
I was sitting with my father in the Prophet's Mosque.
A man passed by us, addressing the people, issuing rulings and telling stories.
My father called him.
O Abu So-and-so.
Speaker fears Allah. Hearer hopes for mercy. Part of their etiquette was this.
Scholars had to attest fitness before one gave fatwas.
Malik said: I did not issue fatwas.
Not until seventy men said I was fit for it.
Malik would refrain from giving fatwas.
This showed a mufti needed scholars' approval.
Abdullah ibn Wahb al-Misri said: A man came to ask Malik about an issue.
Ibn al-Qasim rushed to answer, but Malik cut him off.
Malik turned to him angrily.
You dare issue fatwas, Abd al-Rahman!
He kept repeating it to him.
I did not give fatwas until I asked whether I was fit or not.
When his anger subsided, Malik was asked, "Whom did you ask?"
He said, "I asked al-Zuhri and Rabi'ah al-Ra'y."
Malik said: I liked to follow Ibn Hurmuz.
He gave few fatwas.
He was extremely cautious.
He would often give a man a fatwa, then send after him to tell him otherwise.
Malik said, "Ibn Hurmuz was a man I loved to emulate."
"He spoke little, gave few fatwas, and was extremely cautious."
"He would often give a man a fatwa."
Then he sent after him.
They lamented the prominence of those unfit to issue fatwas.
A man found Rabi'ah ibn Abd al-Rahman al-Madani weeping.
Alarmed by his tears, he asked.
"What makes you weep? Has disaster struck you?"
"No. Someone with no knowledge was asked for fatwas."
A grave matter has arisen.
He said, "Some who issue fatwas here deserve prison more than thieves."
Many of them denounced those asked for fatwas without qualification.
Ibn Hurmuz said: He has not sought this matter rightly if people ask him.
Malik said, "He issues fatwas in ignorance."
"He neither sought it properly nor learned from those who know."
They were also keen on proper instruction and learning.
Malik said, Zayd ibn Aslam told Ibn Ajlan, "Go learn how to ask, then come back."
As a final report, Iyad relates this in Tartib al-Madarik.
Muhammad ibn Ajlan came to Malik. Sharp-tempered, he stood and asked.
What of one who tells people the Prophet took ihram at Dhul-Hulayfah?
Malik said, "If you sit down, I'll hear you out."
Muhammad ibn Ajlan sat down.
Malik said, "Suppose what you said of the Messenger ﷺ taking ihram is true."
If, as you say, he entered ihram at al-Bayda', doesn't it include mine?
He said, "Yes."
If he entered ihram from the mosque, wouldn't that exclude your disputed view?
The safer course is to start from Masjid al-Hulayfah.
May Allah send prayers, peace, and blessings on our Prophet Muhammad ﷺ.