When following tradition is permitted
When following tradition is permitted
There can be no doubt but that the scholars of the past have made a tremendous effort to clarify and organize all kinds of issues that are still relevant to us today, and that they left for us the fruits of their efforts and study. Each of them had his evidence and proof to support his positions and did the best that he could for us to choose the right evidence and the strongest support. All that is required of us is to examine their efforts and to compare their evidence, one against the other, and then choose that which is strongest. It is manifestly wrong for us to consider their opinions as final and beyond all examination and all criticism.
Our hadith sources have now been thoroughly examined and sifted through in a way that was not easily done before. We should not forget that the legal rulings of scholars are closely bound to these sources and depend upon the correctness of hadith or weakness in these accounts. It is well known that Abu Hanifa used the hadith, “There is no usury [riba] between a Muslim and a disbelieving enemy,” to support his ruling to permit riba bearing transactions between Muslims and disbelievers. He was not aware that this hadith account is not correct. It is certain that he would have revised his ruling had he known this, following the instructions of the Prophet .
Imam Shafi’i decided that if someone touches his wife or a non-related woman, he loses the validity of his ablution, while it was reported correctly that the Prophet used to perform his ablution, then kiss his wife, then go to the mosque to pray. What should we do in this case? Should we leave what the Prophet did and hold what Shafi’i said, would Shafi’I be pleased with this?
