Answer to a Question
Following More Than One Mujtahid in a Single Issue
Question:
Is there a clear explanation regarding the issue in which it is not permissible to follow more than one mujtahid? Furthermore, how can I know if something is considered one issue or more? May Allah reward you with goodness.
Answer:
It was stated in The Islamic Personality (As-Shakhsiyyah al-Islamiyyah), Volume 1, in the chapter: "Moving Between Mujtahids," pages 234-235, the following:
"However, it must be clear that the issue (mas'alah) in which it is permissible for a person to leave the ruling they were following for another ruling, must be an issue that is detached from others and its abandonment does not result in the violation of other Shari’ah rulings. If it is connected to others, it is not permissible to leave it until one leaves all the issues connected to it, because they are all considered a single issue. This occurs if it is a condition (shart) for another ruling or a pillar (rukn) of a complete action. This is like prayer (Salah) and ablution (Wudu), and like the pillars of Salah. It is not valid for one who follows Ash-Shafi’i to follow Abu Hanifa in his view that touching a woman does not nullify Wudu while continuing to pray according to the Shafi’i Madhhab. Nor is it valid to follow someone who says that frequent movement does not invalidate the prayer regardless of how much it is, or that the recitation of Al-Fatiha is not a pillar of the prayer, while continuing to pray following someone who says that frequent movement invalidates the prayer or that Al-Fatiha is a pillar. Thus, the ruling that is permissible to leave is the one whose abandonment does not affect the actions performed according to other Shari’ah rulings."
It is clear from this that the definition of an "issue" depends on its detachment from others, where leaving it does not lead to a violation of other Shari’ah rulings. Thus, it cannot be a pillar, a condition of initiation, or a condition of validity for other rulings, because in such cases, it is not detached from others.
We can clarify this further as follows:
Definition of the Issue (Al-Mas'alah): What is meant by an issue here is every action or group of actions upon which the validity of other actions does not depend.
As for the Part of an Issue: It is every action that is necessary to achieve the validity of that issue, such as conditions and pillars.
Examples:
- Ablution (Wudu): These are actions upon which the validity of another action depends, because the validity of the prayer depends on Wudu. Therefore, Wudu is not a separate "issue" according to this definition; rather, it is considered a part of the prayer that is necessary to achieve its validity.
- Prayer (Salah): These are actions upon which the validity of other actions does not depend. Therefore, it is a single "issue," and everything necessary to achieve its validity is considered a part of it, such as the pillars (Arkan) and conditions of validity (Shurut as-Sihha), like purity and facing the Qiblah.
- Intention (Niyyah) in Fasting: This is an action upon which the validity of another depends, as the validity of the fast depends on the intention. Therefore, the intention is not a separate issue but a part of another issue.
- Fasting (Sawm): This is an action upon which the validity of another does not depend. Thus, it is an issue, and everything necessary for its validity is considered a part of it, such as the intention and abstaining from things that break the fast.
Accordingly, if a person follows a mujtahid regarding the prayer, they must follow him in all its parts, such as Wudu, ritual bath (Ghusl), dry ablution (Tayammum), facing the Qiblah, and the pillars of prayer. If they follow a mujtahid regarding fasting, they must follow him in all its parts, such as the intention and whether it must be made overnight for each day or for the whole month, and whether it is valid during the day or must be during the night, as well as the things that break the fast and the concessions for breaking it.
However, it is permissible for them to follow a different mujtahid in a different issue.
All of this applies as long as the person is a muqallid (follower). However, if they gain the ability to evaluate and weigh the evidences (tarjih), it is permissible for them to leave the mujtahid they were following and follow the stronger evidence (dalil).
I hope the matter has become clear... and Allah (swt) is the Grantor of success.