Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to his Facebook Page "Fiqhi"
Answer to Question
Ijma‘ is a Hadith that the Sahabah did not Narrate
To: Abu Hamza Al-Sharbati
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu, our noble Sheikh. May Allah grant victory at your hands, accept your acts of obedience, and hasten for us the victory and empowerment.
I have a question regarding the use of the Consensus of the Companions (Ijma’ as-Sahabah) as evidence while there are evidences from the Quran and Sunnah. It is mentioned in Ash-Shakhsiyyah Al-Islamiyyah (The Islamic Personality), Volume 3, that the valid Ijma’ as-Sahabah is the consensus on a ruling of the Shari’ah regarding an issue, indicating that there is a Shari’ah evidence for this ruling, and that they narrated the ruling but did not narrate the evidence. Since Ijma’ reveals a piece of evidence that was not narrated, why do we use it as evidence when there is an existing evidence from the Book and the Sunnah? For example, in the book Al-Amwal (The Funds), it states that Zakat on sheep is obligatory by the Sunnah and Ijma’ as-Sahabah. Similarly, in An-Nizam al-Ijtima’i (The Social System), regarding divorce, it mentions its basis is the Book, the Sunnah, and Ijma’ as-Sahabah. Why do we use the consensus of the Sahabah (ra) as evidence when there is evidence from the Book or the Sunnah? May Allah reward you with goodness, and I apologize for the length of the question.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuhu. May Allah bless you for your kind prayers for us. Here is the answer:
1- The Definition of Ijma’: It is stated in Ash-Shakhsiyyah, Volume 3:
"...As for Ijma’ in the terminology of the Usuliyyun (scholars of the foundations of jurisprudence), it is the agreement on a ruling of an event as being a Shari’ah ruling... thus, the valid Ijma’ as-Sahabah is only the consensus on a ruling among the rulings as being a Shari’ah ruling. It reveals that there is a Shari’ah evidence for this ruling, and that they narrated the ruling but did not narrate the evidence."
2- This means that the Sahabah learned something from the Messenger of Allah ﷺ and instead of transmitting the Sunnah of the Messenger of Allah ﷺ to us by narrating it from him, they transmitted it through their consensus (Ijma’). That is, their consensus took the place of narrating the Sunnah. Hence, the saying that the consensus of the Sahabah (ra) "reveals an evidence" means it reveals a Sunnah of the Messenger of Allah that was not transmitted to us in its literal text through narration, but the consensus of the Sahabah on its ruling was transmitted to us. Therefore, Ijma’ stands in the place of an evidence from the Sunnah that was not narrated.
3- Thus, just as we cite an Ayah and a Hadith, or a Hadith and another Hadith, we also cite an Ayah with Ijma’ or a Hadith with Ijma’ because Ijma’ is a Hadith that the Sahabah did not narrate; rather, they transmitted the ruling as we explained above. So, Ijma’ is a Hadith that was not narrated.
4- There is a matter that is worth pointing out, which is that mentioning the consensus of the Sahabah on a ruling alongside other evidences from the Book and the Sunnah strengthens and confirms the ruling. This is because a ruling established by Ijma’ as-Sahabah cannot be abrogated (naskh). The consensus occurred after the Messenger ﷺ, and abrogation can only occur with an evidence. Since Ijma’ happened after the death of the Messenger ﷺ and the subsequent cessation of Revelation (Wahy), there is no evidence that can abrogate Ijma’. Therefore, we say that the presence of Ijma’ on a specific ruling confirms and strengthens it because the possibility of abrogation is non-existent.
5- In conclusion, citing a Hadith with Ijma’ is like citing a Hadith with another Hadith; citing more than one evidence, especially Ijma’, strengthens and confirms the ruling.
I hope this answer is sufficient. Allah is the Most Knowledgeable and Most Wise.
Your Brother, Ata Bin Khalil Abu al-Rashtah
08 Dhu al-Hijjah 1441 AH 29/07/2020 CE
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