Answer to a Question
Is it permissible for the Messenger (saw) to be a mujtahid?
Question:
I read in The Islamic Personality (Ash-Shakhsiyyah) – Volume 1: "It is not permissible for the Messenger to be a mujtahid," yet I read in the Introduction to the Constitution (Muqaddimat ad-Dustur) – Part 2: "For the Messenger (saw) spent the funds of fai’ based on his opinion and ijtihad, spent the funds of jizyah based on his opinion and ijtihad, and spent the funds of kharaj that came from the lands based on his opinion and ijtihad. The Shari’ah text regarding these funds left it to the Messenger (saw) to spend them as he saw fit. This serves as evidence that the Imam may spend these funds according to his opinion and ijtihad, because the Messenger’s (saw) action is a Shari’ah evidence, granting permission for the Imam to spend these funds based on his opinion and ijtihad." (End quote).
There seems to be a contradiction between the two. I hope you can clarify this.
Answer:
There is no contradiction between what is mentioned in The Islamic Personality – Volume 1 and what is mentioned in the Introduction to the Constitution – Part 2:
As for what appeared in The Islamic Personality – Volume 1 ("It is not permissible for the Messenger to be a mujtahid"), its evidences are explained in The Islamic Personality under that specific chapter. They are clear and correct evidences regarding this matter, such as the saying of the Almighty:
قُلْ إِنَّمَا أُنْذِرُكُمْ بِالْوَحْيِ
"Say, 'I only warn you by revelation.'" (Surah Al-Anbiya [21]: 45)
Meaning: Say to them, O Muhammad, I only warn you by the revelation that has been revealed to me; i.e., my warning to you is restricted to revelation (wahi). The Almighty also said in Surah An-Najm:
وَمَا يَنْطِقُ عَنِ الْهَوَى * إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى
"Nor does he speak from [his own] inclination. It is not but a revelation revealed." (Surah An-Najm [53]: 3-4)
This means that the Messenger (saw), in matters of legislation (tashri’), neither speaks nor acts except through revelation. He does not perform ijtihad from himself because a mujtahid can be right or wrong, and this is not applicable to the Messenger (saw), who only speaks and acts in legislation through revelation.
As for what appeared in the Introduction to the Constitution – Part 2, it pertains to the administration of state affairs, such as spending on the interests of the Muslims or appointing a governor (wali) or a judge (qadi). Spending the state property—such as jizyah, kharaj, fai’, and the property of apostates—on the interests of the Muslims is entrusted to the ijtihad (discretion) of the head of state to achieve what is in the best interest of the Muslims. Similarly, the appointment of a governor is entrusted to the ijtihad of the head of state to achieve the interests of the Muslims.
The Messenger (saw) was a Prophet, a Messenger, and a ruler in Madinah. In matters of legislation, he (saw) did not perform ijtihad but rather conveyed what was revealed. However, as a ruler managing the expenditure for the interests of the Muslims, he (saw) did so according to his opinion and ijtihad to achieve the interests of the Muslims. For example, at the Battle of Hunayn, he (saw) gave some people from the spoils of war and did not give others. Note that this applies only to what the Shari’ah has entrusted to the head of state to spend; it does not apply to other things, such as the expenditure of Zakat, for instance.
The same applies to the administrative management of the state apparatus, such as when the Messenger of Allah (saw) appointed a certain person as a governor or a judge. It is not said of that governor that his appointment was concluded by revelation; rather, it falls under the administration of state affairs in the chapter of appointing governors and their likes, based on his (saw) ijtihad to achieve the interests of the Muslims.
Thus, there is no contradiction between what is mentioned in The Islamic Personality – Volume 1 and what is mentioned in the Introduction to the Constitution – Part 2.