The First Foundation: The Text (Qur’an & Sunnah)
Imam Ahmad’s first foundation in fatwa was the revealed text, whether from the Quran or the sound Sunnah. If a text was established, he acted on it without considering opposition, even if the opposing view was from a great Companion.
For example, in the case of the thrice-divorced woman, he preferred the hadith of Fatimah bint Qays (recorded by Muslim, 1480) over the view of Umar. Likewise, regarding tayammum for janabah, he followed the explicit hadith of Ammar ibn Yasir (recorded by Bukhari and Muslim, e.g., Muslim 268), ignoring Umar’s hesitation.
Similarly, in the ruling of ghusl upon penetration without ejaculation, he acted on the hadith of Aishah and Abu Hurayrah obligating ghusl (recorded by Bukhari and Muslim; graded hasan sahih by Tirmidhi, supported by reports from Ubayy ibn Kab, Sahl ibn Sad, and others authenticated by Daraqutni, Bayhaqi, Ibn Hibban, and Ibn Khuzaymah).
This method shows his principle of never putting action, opinion, or even the view of a Companion ahead of a sound text. He also rejected the use of an imagined ijma based merely on “not knowing dissent.” As Ibn al Qayyim explained, Ahmad would call anyone who claimed such ijma a liar. Al Shafii likewise wrote in his Risalah that what is not known to have disagreement should not be called ijma. Abd Allah ibn Ahmad also reported from his father that one must say, “we do not know of disagreement,” not “this is ijma.”
The Second Foundation: The Fatwas of the Sahabah
If Imam Ahmad found a fatwa from a Companion, and knew of no dissent among them, he held firmly to it and did not move to qiyas or personal opinion. Out of caution, however, he did not call this ijma but would say, “I know nothing that pushes it away.”
He even preferred the fatwas of the Sahabah over mursal hadith. Ishaq ibn Ibrahim ibn Hani asked him which he preferred, a reliable mursal hadith or a connected report from a Companion or Tabiin. Ahmad replied that the report from the Sahabah was more pleasing. This deep reverence for the Companions’ fatwas is why his own fatwas came to be regarded as a central reference point for Ahl al Sunnah, even by those who did not follow his madhhab in all details.
The Third Foundation: When the Sahabah Differed
If the Companions held differing views, Ahmad chose the position most consistent with the Book and the Sunnah. If no clear preference emerged, he simply reported the disagreement and refrained from giving a fixed position.
As he said, a man asked about a disputed matter should give fatwa only by what agrees with the Book and the Sunnah, and refrain otherwise. When asked if one is obliged to answer, he said no. This shows his caution when the evidence was unclear.
The Fourth Foundation: The Mursal and the Weak Hadith
Imam Ahmad gave preference to mursal and weak hadith over qiyas, provided no text, no Companion statement, and no ijma contradicted it. By weak, he did not mean fabricated or denounced reports, but those below sahih. In his classification, hadith were only sahih or daif, and the latter had levels, some still acceptable for use.
Examples across the madhahib show that none of the major imams rejected this principle. Abu Hanifah acted on weak reports such as laughter in prayer (reported by Abd al Razzaq, though weak/mursal), wudu with date-soaked water (recorded by Ahmad, Tirmidhi, and Abu Dawud, though with an unknown narrator), and the hadith “the most of menstruation is ten days” (recorded by Daraqutni, though weak). He even accepted the false report “no dower less than ten dirhams” ahead of pure analogy (recorded by Daraqutni and Bayhaqi). Al Shafii also preferred reports to analogy in cases like hunting in Wajj and prayer in Makkah at times of prohibition, despite the weakness of some reports.
Imam Ahmad acted in the same way. When nothing stronger was found, he would use such reports rather than pure reasoning.
The Fifth Foundation: Qiyas
The last of his foundations was qiyas (analogy), which he only used out of necessity. In al Khallal’s transmission, Ahmad said that al Shafii held qiyas should only be used when required, and Ahmad agreed. Thus qiyas is secondary in the Hanbali method, not a primary source.
Imam Ahmad’s Caution in Fatwa
Imam Ahmad often paused when the evidences conflicted, when the Companions differed, or when no athar had reached him. He disliked new hypothetical issues that did not occur in practice, and he forbade speaking in matters without precedent from the Salaf. He directed people to the fuqaha of hadith and to Maliki companions, but forbade taking fatwas from those who avoided hadith.
His caution reflected the hadith, “the boldest of you in fatwa are the boldest of you toward the Fire” (recorded by al Darimi, mursal). He often said, “I do not know,” as did Ibn Uyaynah, Malik, and Ibn Abbas before him. Ibn al Qayyim commented that boldness in fatwa arises from little knowledge, while deep knowledge produces restraint.
Reasons for Multiple Narrations in Fiqh from Imam Ahmad
The multiple narrations reported from Ahmad stem from his usul. At times more than one authentic hadith reached him on an issue, and he acted on them all, so different students transmitted different rulings. Sometimes the Companions had differing views and no decisive text, so Ahmad reported both. Sometimes he gave a fatwa in one case and a different fatwa in another similar case due to circumstances, but transmitters reported both without the context, creating an appearance of contradiction.
His students also differed in their understanding of his statements and actions, so they extracted rulings differently, leading to multiple attributed views.
For example, in facing the qiblah while relieving oneself, he said: “It is not permissible to face the qiblah in open space, but as for turning one’s back to it in open space or facing it in buildings, there are two narrations.” Evidence included the hadith of Aishah about the concession in buildings (narrated by Abu Dawud al Tayalisi and others), the report of Ibn Umar that the ban applied only in open space (Abu Dawud), and the hadith where the Prophet ﷺ relieved himself facing al Sham with his back to the Kaʿbah (Bukhari and Muslim). Al Mardawi in al Insaf (1/100–101) listed five narrations in this matter and explained that the majority position of the madhhab is permissibility in buildings but not open space.
Similarly, in rinsing the mouth and nose, seven different views are reported. The strongest view, upheld by the madhhab, is that both are obligatory in major and minor purification. Other views vary, some obligating one but not the other, and some treating both as sunnah.
Ranks of the Hanbali Scholars
The First Rank: Ashab al Masail (241–403 AH)
This group transmitted Imam Ahmad’s masail directly. They include Ishaq ibn Mansur al Kawsaj (d. 251), Ishaq ibn Ibrahim ibn Hani (d. 275), Ahmad’s sons Salih (d. 265) and Abd Allah (d. 290), Abu Bakr al Athram (d. 273), Abu Bakr al Khallal (d. 311), Umar ibn al Husayn al Khiraqi (d. 334), and al Hasan ibn Hamid (d. 403).
The Second Rank: The Middle Ones (403–884 AH)
This includes al Qadi Abu Yaʿla (d. 526), Abu al Khattab al Kalwadhani (d. 510), Ibn al Zaghuni (d. 527), Ibn Aqil (d. 513), Ibn Qudamah al Maqdisi (d. 620), and Majd ibn Taymiyyah (d. 625).
The Third Rank: The Later Ones (885 AH onwards)
Beginning with al Mardawi (d. 885), author of al Insaf, Tas’hih al Furuʿ, and al Tanqih al Mushbiʿ, and continuing with al Hajjawi (d. 968), author of Zad al Mustaqniʿ and al Iqnaʿ, and Ibn al Najjar al Futuhi (d. 972), author of al Muntaha, and later scholars until recent times.
The Selected Opinions
The mukhtar (chosen opinion) in the madhhab may refer to different periods. Early choices are represented in al Khiraqi’s Mukhtasar, middle choices in Ibn Qudamah’s tarjihat, and later choices in al Mardawi’s works. When later scholars said “al mukhtar,” they usually meant the choices of al Mardawi and those after him, embodied in Zad al Mustaqniʿ. However, individual scholars sometimes preferred the earlier tarjih.
ʻAbd al-Qādir Badrān says: As for the Imam’s method in the principles of fiqh, it was the way of the Sahabah and the Tabiin who followed them with excellence. He did not go beyond their way or cross over to any other, just as was his habit in the paths of tawhid, and his fatwa in fiqh, and in all his movements and stillness. As has just preceded regarding what he held in creed, and as we will explain of his paths in ijtihad.
Once you know this, then know that the mujtahid imams of his madhhab who follow him in usul stated plainly that his fatwas, may Allah be pleased with him, rest on five foundations.
The first foundation, the text. When he found a text, he issued fatwa according to it. He did not pay attention to what opposed it, nor to whoever opposed it, whoever they might be.
For this reason he did not pay attention to the disagreement of Umar in the case of the thrice divorced woman, because of the hadith of Fatimah bint Qays. (Muslim recorded it in his Sahih, number 1480, in the Book of Divorce, chapter The one divorced three times has no maintenance, by the route of Ammar ibn Zurayq from Abu Ishaq. Abu Ishaq said: I was with al Aswad ibn Yazid sitting in the grand masjid, and with us was al Shaabi. Al Shaabi narrated the hadith of Fatimah bint Qays that the Messenger of Allah, peace and blessings be upon him, did not assign her housing or maintenance. Then al Aswad took a handful of pebbles and threw them at him and said: Woe to you, do you narrate such a thing. Umar said: Do not leave the Book of our Lord and the Sunnah of our Prophet for the statement of a woman, you do not know, perhaps she remembered or perhaps she erred. She has housing and maintenance. Allah the Exalted said, do not expel them from their houses and they should not leave unless they commit a clear indecency.)
Fatima bint Qais reported that Abu ‘Amr b. Hafs divorced her absolutely when he was away from home, and he sent his agent to her with some barley. She was displeased with him and when he said: I swear by Allah that you have no claim on us. she went to Allah’s Messenger (ﷺ) and mentioned that to him. He said: There is no maintenance due to you from him, and he commanded her to spend the ‘Idda in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So better spend this period in the house of Ibn Umm Maktum, for he is a blind man and you can put off your garments. And when the ‘Idda is over, inform me. She said: When my period of ‘Idda was over, I mentioned to him that Mu’awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me, whereupon Allah’s Messenger (ﷺ) said: As for Abu Jahm, he does not put down his staff from his shoulder, and as for Mu’awiya, he is a poor man having no property; marry Usama b. Zaid. I objected to him, but he again said: Marry Usama; so I married him. Allah blessed there in and I was envied (by others). (Sahih Muslim 1480a)
Nor did he pay attention to Umar’s disagreement about tayammum for one in janabah, because of the hadith of Ammar ibn Yasir which explicitly affirms the validity of tayammum for the one in janabah. (Al Bukhari recorded it in several places in the Book of Tayammum and in the Book of Fear of illness or death for the one in janabah, and Muslim recorded it, by the route of Abd al Rahman ibn Abza. He said, Umar ibn al Khattab came and said, I became junub and did not find water. Ammar ibn Yasir said to Umar, do you not remember that we were on a journey, you and I. You did not pray, and I rolled myself in the dust and prayed. I mentioned that to the Messenger of Allah, peace and blessings be upon him, and he said, It is enough for you to do this. Then the Prophet, peace and blessings be upon him, struck the earth with his palms, blew in them, then wiped his face and his palms. Al Bukhari and Muslim also recorded that Ibn Masud said to Abu Musa al Ashari, do you not see that Umar was not satisfied with the statement of Ammar.)
Likewise he did not pay attention to the view of Ali, and Uthman, and Talhah, and Abu Ayyub, and Ubayy ibn Kab, about leaving ghusl when there is penetration without ejaculation, because of the sound hadith of Aishah that she did that with the Messenger of Allah, peace and blessings be upon him, then they performed ghusl. (Al Tirmidhi recorded, from Aishah, that when the two circumcised parts meet, ghusl becomes obligatory, and she said, I did that with the Messenger of Allah, peace and blessings be upon him, and we performed ghusl. He said, a good sound hadith. Ahmad also recorded it by another route. Al Bukhari recorded in the Book of Ghusl, and Muslim in the Book of Menstruation, the wording from Abu Hurayrah that when he sits between her four limbs and exerts himself, ghusl becomes obligatory. Ahmad, Abu Dawud, and al Tirmidhi recorded from al Zuhri, from Sahl ibn Sad, from Ubayy ibn Kab, that the ruling water is due to water was at the start of Islam, then that was left, and they were ordered to perform ghusl when the circumcised parts meet. Al Tirmidhi graded it good sound. Ibn Hibban authenticated it. Abu Dawud and al Darimi recorded from Muhammad ibn Mehran al Razi, from Mubashshir al Halabi, from Muhammad Abu Ghasan, from Abu Hazim, from Sahl ibn Sad, that Ubayy ibn Kab said the fatwa they used to give, water is due to water, was a concession granted by the Messenger of Allah, peace and blessings be upon him, at the beginning of Islam, then he ordered ghusl after that. Al Daraqutni, al Bayhaqi, Ibn Hibban, and Ibn Khuzaymah authenticated it.)
And so on, in many cases.
He did not put action, nor personal opinion, nor qiyas, nor the statement of a Companion, nor his not knowing of a dissenter, ahead of a sound hadith. Many people call that not knowing a dissenter ijma and they put it ahead of the sound hadith. Imam Ibn al Qayyim (d. 751 AH) and other scholars of usul said, Ahmad declared a liar anyone who claimed such an ijma, and he did not allow putting it ahead of an established hadith.
Al Shafi‘i (d. 204 AH) also textually stated, in his new Risalah, that what is not known to have disagreement should not be called ijma, and the phrase is, what we do not know disagreement in is not ijma. Abd Allah the son of Imam Ahmad (d. 290 AH) said, I heard my father say, whatever a man claims ijma about is a lie, and whoever claims ijma is a liar.
Perhaps the people differed, how would he know, and it did not reach him. He should say, we do not know that the people differed. This is the claim of Bishr al Marisi (d. 218 AH) and al Asamm. Rather he should say, it is not known that the people differed, or, that has not reached me. This is his wording.
The texts of the Messenger of Allah are greater in the sight of Imam Ahmad (d. 241 AH) and the rest of the imams of hadith than to put in front of them an imagined ijma whose substance is simply not knowing of a dissenter.
If that were valid, the texts would be disabled, and anyone who did not know of a dissenter in the ruling of a matter could put his ignorance of a dissenter ahead of the texts. This is what Imam Ahmad and al Shafi‘i denied from the claim of ijma, not what some people think, that they were rejecting the existence of ijma.
The Second Foundation Of The Fatwas Of Imam Ahmad Is What The Sahabah Issued As Fatwa
If he found for some of them a fatwa in which he did not know of any dissenter among them, he did not go beyond it to any other.
He did not say that this is ijma. Rather, out of his caution in wording he would say, I do not know anything that pushes it away, or words to that effect.
When he found this type from the Sahabah, he did not put action, nor opinion, nor qiyas ahead of it. Whoever reflects on his fatwas and on the fatwas of the Sahabah will see how each matches the other, and will see all of them as if they come from a single niche of light. To the point that when the Sahabah differed on two positions, two narrations come from him in that issue. His reverence for the fatwas of the Sahabah was like the flow of his companions for his fatwas and texts, rather greater. He would even put their fatwas ahead of the mursal hadith.
Ishaq ibn Ibrahim ibn Hani said in his Masail, I said to Abu Abd Allah, a hadith from the Messenger of Allah that is mursal with reliable men, or a hadith from the Sahabah and the Tabiin that is connected with reliable men, which is more beloved to you. Abu Abd Allah, may Allah have mercy on him, said, from the Sahabah is more pleasing to me.
From here his fatwas became an imam and exemplar for Ahl al Sunnah across their ranks. Even those who disagreed with his madhhab in ijtihad and those who imitate others magnify his texts and fatwas. They recognise their due place and their nearness to the texts and to the fatwas of the Sahabah.
The Third Foundation Of His Method, If The Sahabah Differed, He Chose From Their Statements What Was Closest To The Book And The Sunnah.
If it was not clear to him that any one of the statements matched, he would report the disagreement in it and he would not assert a position.
If it was not clear to him that any one of the statements matched, he would report the disagreement in it and he would not assert a position.
Ishaq ibn Ibrahim ibn Hani said in his Masail, it was said to Abu Abd Allah, a man is among his people and he is asked about a matter in which there is disagreement. He said, he should give fatwa according to what agrees with the Book and the Sunnah. What does not agree with the Book and the Sunnah, he should refrain from. He was asked, is he obliged to answer. He said, no.
The Fourth Foundation, Accepting The Mursal And The Weak Hadith When There Is Nothing In The Chapter That Contradicts It.
He gave that priority over qiyas. By weak he did not mean the false, nor the denounced, nor what has in its chain a suspected narrator such that going to it would not be permitted, nor acting upon it.
Rather the weak hadith to him stands opposite the sahih and is a type of hasan. He did not divide hadith into sahih, hasan, and daif, but into sahih and daif. The daif to him has levels. If he did not find in the chapter an athar that repels it, nor a statement of a Companion, nor an ijma against it, then acting on it was, in his view, better than qiyas.
None of the imams differs with him on this foundation in general.
There is no one among them except that he put the weak hadith ahead of qiyas. Abu Hanifah (d. 150 AH) put the hadith of laughter in the prayer ahead of pure qiyas, although it has discussion and the people of hadith agree on its weakness. (Abd al Razzaq recorded in his Musannaf from Qatada, from Abu al Aliyah al Riyaha that a blind man fell into a well while the Prophet, peace and blessings be upon him, was praying with his Companions. Some who were praying laughed. The Prophet ordered those who laughed to repeat the wudu and the prayer. Its men are trustworthy but it is mursal. See Nasb al Raya for detailed discussion.)
He put the hadith of wudu with date soaked water ahead of qiyas, and most of the people of hadith declare it weak. (Ahmad, al Tirmidhi, and Abu Dawud recorded from Ibn Masud that the Messenger of Allah, peace and blessings be upon him, on the night of the jinn, asked me, what is in your water skin. I said, nabidh. He said, a good date and pure water. Then he performed wudu with it. In its chain is Abu Zayd, whom al Tirmidhi described as an unknown man with no other hadith. Ibn Hibban said in al Duafa, Abu Zayd narrates from Ibn Masud what no one follows him on. His father and his town are not known. If a person is like this and narrates only one report that contradicts the Book, the Sunnah, the ijma, qiyas, reflection, and opinion, he deserves to be abandoned, and he is not used as proof. Al Tahawi weakened all the isnads from Ibn Masud for this and chose that wudu with it is not allowed in travel or at home. The text of the hadith shows its falsehood and denounced nature because it says, on the night of the jinn, while it is sound from Alqamah from Ibn Masud, he said, I was not with the Messenger of Allah, peace and blessings be upon him, on the night of the jinn. Muslim recorded this.)
He put the hadith, the most of menstruation is ten days, ahead of pure qiyas, although it is weak by their agreement. (Al Daraqutni recorded from Hassaan ibn Ibrahim ibn Abd al Malik, from al Ala ibn Kathir, from Makhlul, from Abu Umamah that the Prophet, peace and blessings be upon him, said, the least menstruation for a virgin girl and an old woman is three days, and the most is ten days. If it exceeds that, she is mustahadah. Al Daraqutni said, Abd al Malik is unknown and al Ala ibn Kathir is weak in hadith, and Makhlul did not hear from Abu Umamah. There is also a version from Wathilah ibn al Asqa which is weak as well.)
He put the hadith, no dower is less than ten dirhams, and they agree that it is weak, rather false, ahead of pure qiyas. (Al Daraqutni and al Bayhaqi recorded by the route of Mubashshir ibn Ubayd, from al Hajjaj ibn Artaah, from Ata and Umar ibn Dinar, from Jabir ibn Abd Allah that the Messenger of Allah, peace and blessings be upon him, said, do not marry women except to their equals, and none but their guardians may contract for them, and no dower is less than ten dirhams. Al Daraqutni said, Mubashshir ibn Ubayd is abandoned in hadith and no one follows his reports. Al Bayhaqi quoted Imam Ahmad saying, the hadiths of Mubashshir ibn Ubayd are fabricated lies.)
For if the bridal gift is a consideration in exchange for the woman giving access to intimacy, then whatever the two agree upon is allowed, whether little or much.
Al Shafi‘i put ahead of qiyas the report of the prohibition of hunting in Wajj, although it is weak. (Ahmad and Abu Dawud recorded from al Zubayr, from the Messenger of Allah, peace and blessings be upon him, that he said, hunting in Wajj and its thorny shrubs are inviolable, made inviolable by Allah. In its chain is a Yemeni narrator. Wajj is an area near al Taif. Al ada is thorny trees.)
He put ahead of qiyas the report that prayer in Makkah is allowed at the times of prohibition although it is weak and opposes the qiyas of other lands. (Ahmad and al Daraqutni recorded by the route of Mujahid, from Abu Dharr, that he held the ring of the door of the Kabah and said, I heard the Messenger of Allah, peace and blessings be upon him, say, there is no prayer after Asr until the sun sets, and no prayer after Fajr until the sun rises, except in Makkah, except in Makkah. In its chain is Abd Allah ibn al Muamal who is weak, and Mujahid did not meet Abu Dharr, so it is disconnected. Some Shafiis use as evidence the hadith of Jubayr ibn Mutim that the Messenger of Allah, peace and blessings be upon him, said, O Banu Abd Manaf, whoever among you holds any authority over the people, let him not prevent anyone who circumambulates this House from praying at any hour he wishes of night or day. Al Shafi‘i, Abu Dawud, al Tirmidhi, al Nasa’i, Ibn Majah, al Tahawi, and al Darimi recorded it. Its isnad is sound. Ibn Hibban and al Hakim authenticated it, and al Dhahabi agreed.)
In one of his two statements he put ahead of qiyas the hadith, whoever vomits or has a nosebleed should perform wudu, or build on his prayer, although the report is weak and mursal. (Ibn Majah recorded it in the chapter on building upon the prayer, from Ismail ibn Ayyash, from Ibn Jurayj, from Ibn Abi Mulaykah, from Aishah. Ismail’s narration from non Syrians is weak, and this is one of them. Others narrated it from Ibn Jurayj, from his father, from the Prophet, peace and blessings be upon him, as a mursal.)
As for Malik (d. 179 AH), he put the mursal, the disconnected, the balaghat, and the statement of the Companion ahead of qiyas.
If Imam Ahmad had no text in an issue, nor the statement of the Sahabah, or one of them, nor a mursal athar or a weak report, he would move to the fifth foundation which we will mention.
The Fifth Foundation, Qiyas
Imam Ahmad used it out of necessity, as you have learned before. In al Khallal’s book from Ahmad, he said, I asked al Shafi‘i about qiyas. He said, one only resorts to it at a time of necessity, or statements to that meaning. These five foundations are the foundations of the fatwas of Imam Ahmad, and on them they turn.
He, may Allah be pleased with him, at times would pause in giving fatwa because the proofs seemed to conflict to him, or because the Sahabah differed in the matter, or because no athar reached him in it, or no statement of any of the Sahabah or the Tabiin.
He strongly disliked and forbade issuing fatwa in a matter for which there was no athar from the Salaf.
He said to one of his companions, beware of speaking on a matter for which you have no imam. He allowed the seeking of fatwa from the fuqaha of hadith and the companions of Malik, he directed people to them, and he forbade seeking fatwa from those who turn away from hadith and do not build their madhhab upon it. He did not allow acting on their fatwa.
Ibn Hani said, I asked Abu Abd Allah about the report, the boldest of you in giving fatwa are the boldest of you towards the Fire. He said, it refers to what he did not hear. He was asked about a person who gave a fatwa, and someone was harmed by it. He said, the liability is upon the one who gave it. I said, in what sense. He said, by investigation. He does not know what its foundation is. (Al Darimi recorded from Ibn al Mubarak, from Said ibn Abi Ayyub, from Ubayd Allah ibn Abi Jafar that the Messenger of Allah, peace and blessings be upon him, said, the boldest of you in giving fatwa are the boldest of you towards the Fire. Its men are trustworthy but it is mursal.)
Abu Dawud said in his Masail, I cannot count how many times I heard Ahmad being asked about many matters in which there is disagreement in knowledge, and he would say, I do not know. I heard him say, I have not seen the like of Ibn Uyaynah in fatwa, his fatwa was the best. It was easiest for him to say, I do not know.
Abd Allah his son said in his Masail, I heard my father say, Abd al Rahman ibn Mahdi said, a man from the West asked Malik ibn Anas about a matter. He said, I do not know. The man said, O Abu Abd Allah, you say I do not know. He said, yes, so inform those behind you that I do not know.
Abd Allah said, I used to hear that Kathir was asked about issues and he would say, I do not know, and he would pause when there was a matter in which there was disagreement. Many times he would say, ask someone else.
If it was said to him, whom should we ask, he would say, ask the nobles, and he would rarely name a specific man. He said, I heard my father say, Ibn Uyaynah would not give fatwa in divorce and would say, who can do this well. Ibn al Qayyim said, I say, boldness in fatwa comes from little knowledge, and from the assaults of zeal.
When his knowledge is little, he gives fatwa about everything he is asked without knowledge. When his knowledge is vast, awe restrains him in fatwa. For this reason Ibn Abbas, may Allah be pleased with him, was among the most expansive of the Sahabah in fatwa.
Abu Bakr Muhammad ibn Musa ibn Yaqub ibn Amir al Mumineen gathered the fatwas of Ibn Abbas in twenty books. Abu Bakr Muhammad mentioned is one of the imams of knowledge.
Said ibn al Musayyib (d. 94 AH) had wide fatwa, yet with that they called him bold.
This is a summary of the paths of Imam Ahmad in fatwa, ijtihad, and deriving statements.
A supplement. I saw a fine passage by al Hafiz Abd al Rahman ibn Rajab al Hanbali, the muhaddith of al Sham, on this subject in his book Jami al Ulum wal Hikam, when he spoke on the ninth hadith of the Forty of al Nawawi. (See Jami al Ulum wal Hikam 1, pages 201 to 203, edited by Muhammad al Ahmadi Abu al Nur.)
He said, al Maymuni said, I heard Abu Abd Allah, meaning Ahmad, asked about a matter.
He said, has this matter occurred, have you been afflicted by it already. Ibn Rajab said, people have split into groups on this. Among the followers of Ahl al Hadith are those who shut the door of hypothetical issues until their fiqh became little and their knowledge of the limits of what Allah sent down upon His Messenger decreased, and they became carriers of fiqh who are not fuqaha. Among the fuqaha of ra’y are those who expanded in generating hypothetical issues before they occurred, what occurs in custom and what does not occur.
They busied themselves with forcing answers to that, and with many disputes in it and argument about it, until from that there was born the division of hearts, and desires and rancour settled in them, and enmity and hatred.
Much of that coincides with the intention to overcome and to seek elevation and showing off, and turning people’s faces. The rabbani ulama condemned this, and the Sunnah shows its ugliness and prohibition.
As for the fuqaha of Ahl al Hadith who act by it, most of their concern is to search for the meanings of the Book of Allah, the Exalted, and what explains it from the sound Sunnah and the speech of the Sahabah and the Tabiin who followed them with excellence, and about the Sunnah of the Messenger of Allah, peace and blessings be upon him, its sound and its weak, then to gain understanding of it and comprehend it and stand upon its meanings, then to know the speech of the Sahabah and the Tabiin who followed them with excellence in the kinds of sciences, from tafsir, and hadith, and the issues of halal and haram, and the foundations of the Sunnah, and zuhd, and heart softeners, and other than that.
This is the way of Imam Ahmad and those who agreed with him among the rabbani people of hadith. Knowing this keeps one busy from being preoccupied with what was invented from ra’y that brings no benefit and does not occur, and whose arguing breeds disputes, much quarrelling, and too much said and unsaid.
Imam Ahmad would often, when asked about something from the newly generated issues that do not occur, say, leave us from these newly invented issues.
Ibn Rajab said, whoever follows his path in seeking knowledge upon what we have mentioned becomes able, most of the time, to understand answers to occurring events, because their roots are present in those foundations we indicated. This path must be followed behind the imams of the religion about whose guidance and knowledge there is agreement, like al Shafi‘i, and Ahmad, and Ishaq, and Abu Ubayd, and those who followed their path. Whoever claims to follow this path without following their way falls into deserts and dangers, takes what is not allowed to be taken, and leaves what must be acted upon.
Al-Madkhal ila Madhhab al-Imam Ahmad ibn Hanbal By Ibn Badran Pages 113-122
Reasons For Multiple Narrations In Fiqh From Imam Ahmad
The scholars trace this back to his five usul.
For example, sometimes more than one authentic hadith would reach him in a single matter, and he would act upon them all. Sometimes he would find that the companions held two different views on a matter and no hadith to prefer one over the other.
He would then leave the issue reporting both companion views. Sometimes there were more than two views.
His companions also transmitted his fiqh from his words, actions, responses, and narrations. Each one of them exerted their utmost effort to extract the ruling they thought was the intent of the Imam. Understandings differ, capacities vary, and so the results differed. This caused multiple narrations and opinions to be attributed to Imam Ahmad.
Also, Imam Ahmad might give a fatwa in one case according to an athar, then give a different fatwa in a similar case due to accompanying circumstances that made another ruling more suitable.
The transmitters would then narrate both fatwas without considering the different contexts, and assume contradiction. In reality there was no contradiction, because each fatwa was tied to its own circumstances. For these and other reasons, there came to be a great many different narrations and opinions reported from Imam Ahmad.
In the chapters of purification and prayer from Ibn Qudamah’s book al Mughn (1/107), I found that Imam Ahmad had more than one view in some matters.
For example, in the issue of facing the qiblah while relieving oneself, he said: “It is not permissible to face the qiblah in open space, and as for turning one’s back to it in open space or facing it in a building, there are two narrations.”
The second opinion is that it is permissible to face the qiblah or turn one’s back to it in buildings. This was narrated from al Abbas and Ibn Umar, may Allah be pleased with them both. It was also the view of Malik, al Shafiʿi, and Ibn al Mundhir, and it is the correct view, because of the hadith of Jabir, which we have understood to refer to when one is inside a building.
Aishah reported that the Messenger of Allah, peace and blessings be upon him, was told that some people disliked facing the qiblah with their private parts. He said, “Have they done so? Then I myself face the qiblah with my backside.” This was narrated by the authors of al Sunan and most of the authors of al Masanid, among them Abu Dawud al Tayalisi, who narrated it from Khalid ibn al Salt, from ʿArak ibn Malik, from Aishah.
Abu Abdullah (Ahmad) said: The best narration reported concerning the concession is the hadith of Aishah. Even if it is mursal, its chain is good. Ahmad said: ʿArak did not hear from Aishah, and that is why he called it mursal.
All of this applies to buildings, and the specific is given precedence over the general. Marwan ibn al Asfar said: I saw Ibn Umar make his camel kneel facing the qiblah, then he sat and urinated toward it. I said: O Abu Abd al Rahman, has this not been forbidden? He said: Yes, it has only been forbidden in open space. But if there is something between you and the qiblah that screens you, then there is no problem. Reported by Abu Dawud.
This is an explanation of the general prohibition of the Messenger of Allah, peace and blessings be upon him, and it reconciles the narrations, so it is necessary to follow it.
From Ahmad it is narrated that it is permissible to turn one’s back to the Kaʿbah both in buildings and in open space, because of what Ibn Umar reported: “One day I climbed onto the roof of Hafsah’s house and saw the Prophet, peace and blessings be upon him, relieving himself facing al Sham with his back to the Kaʿbah” (agreed upon).
Al Mardawi (d. 885 AH) said in al Insaf (1/100-101): “ Know that in this issue there are several narrations. One of them is that facing and turning one’s back to the qiblah are both permissible in buildings but not in open space.
This is the madhhab, and most of the companions held to it.
Shaykh Taqi al Din said: This is the upheld position among the companions. In al Furuʿ it is said: Most chose this, and it was stated decisively in al Idah, Tadhkirat Ibn Aqil, al Tariq al Aqrab, al ʿUmdah, al Manwar, al Tas’hil, and other works. It was given preference in al Mukhtasar, al Khulasah, both al Hawiyayn, al Faiq, al Nazm, and Majmaʿ al Bahrain. He said: This is the detailed view of the madhhab. Ibn ʿAbdus chose it in his Tadhkirah, and Ibn ʿUbaydan and others authenticated it.
The second narration is that both facing and turning the back to the qiblah are forbidden, whether in open space or in buildings. This was affirmed in al Wajiz and al Mukhtasar, and given preference in both al Rʿaʿitayn. It was chosen by Abu Bakr ʿAbd al ʿAziz, Shaykh Taqi al Din, the author of al Huda, al Faiq, and others.
The third narration is that both facing and turning the back are permissible in both open space and buildings.
The fourth narration is that turning the back is permissible in both open space and buildings, but facing is not permissible in either.
The fifth narration is that turning the back is permissible only in buildings. Ibn al Banna reported this in his al Kamil as a view, and it is apparent in what the author here affirmed. He also mentioned them all in al Furuʿ without restriction.”
As for the issue of rinsing the mouth and nose, there are seven views in the madhhab. One of them is that both are obligatory in both types of purification, major and minor. This is the established madhhab and the companions supported it.
It is from the unique positions of the madhhab. Another narration is that only rinsing the nose is obligatory. Another is that both are obligatory in major purification but not in minor.
Another is that both are obligatory in minor but not in major. Another is that rinsing the nose alone is obligatory in wudu, mentioned by the authors of al Hidayah and al Mukhtasar and others. Another narration is its opposite, mentioned by Ibn al Jawzi. Another is that both are sunnah in all cases.
The Ranks Of The Fuqaha Of The Madhhab
The first rank: The early ones, the Ashab al Masail (241 AH – 403 AH)
These were those who transmitted the masail directly from Imam Ahmad, such as the Masail of Ishaq ibn Mansur al Kawsaj al Baghdadi (d. 251 AH), the Masail of Ishaq ibn Ibrahim ibn Hani al Baghdadi (d. 275 AH), and the Masail of his two sons, Salih (d. 265 AH) and Abdullah (d. 290 AH).
Among them was the author of al Sunan, the hadith scholar Abu Bakr al Athram (d. 273 AH), the author of al Jamiʿ al Kabir Abu Bakr al Khallal al Baghdadi (d. 311 AH), Abu al Qasim ʿUmar ibn al Husayn al Khiraqi al Baghdadi, author of the Mukhtasar (d. 334 AH), who studied under Ahmad’s son Abdullah.
Also Imam al Hasan ibn Hamid al Warraq al Baghdadi, the imam of the Hanbalis in his time (d. 403 AH), the author of al Jamiʿ in the fiqh of Imam Ahmad, Sharh Usul al Din, Tahdhib al Ajwibah, and others.
The Second Rank: The Middle Ones (403 AH – 884 AH)
Among them was al Qadi Abu Yaʿla al Farraʾ (d. 526 AH), author of al Taʿliqah and al Jamiʿ al Saghir. Among them was the hadith scholar Abu al Khattab al Kalwadhani al Baghdadi, the shaykh of the Hanbalis in his time (d. 510 AH), author of al Intisar, al Masaʾil al Kibar, and al Hidayah. Among them was Abu al Hasan ʿAli ibn ʿUbaydullah ibn al Zaghuni al Baghdadi, a shaykh of the Hanbalis, one of the people of tarjih, author of al Wadih (d. 527 AH).
Also Imam Abu al Wafa ʿAli ibn Aqil al Baghdadi (d. 513 AH). Also Imam al Muwaffaq Ibn Qudamah al Maqdisi (d. 620 AH), author of al Mughni, al ʿUmdah, al Muqniʿ, and al Kafi. Also Abu al Barakat al Majd ibn Taymiyyah al Jadd (d. 625 AH), author of al Mukhtasar al Muharrar in Hanbali fiqh, and others.
The Third Rank: The Later Ones (885 AH – onwards)
This began with the imam of the madhhab in his time, Imam Abu al Hasan ʿAlaʾ al Din al Mardawi al Dimashqi al Salihi (d. 885 AH), author of al Insaf, Tas’hih al Furuʿ, and al Tanqih al Mushbiʿ. Following him were the two great imams, Abu al Naja al Hajjawi al Maqdisi (d. 968 AH) and Ibn al Najjar al Futuhi al Masri (d. 972 AH), authors of al Iqnaʿ and al Muntaha, and others until our own time.
Fifthly: The Selected Opinions
There are three general types of selected opinions in the madhhab.
The choices of the early scholars, represented in the Mukhtasar of Imam al Khiraqi.
The choices of the middle scholars, represented in the tarjihat of Imam Ibn Qudamah al Maqdisi.
The choices of the later scholars, represented in the tarjihat of Imam al Mardawi.
When the later scholars used the term “al mukhtar,” they usually meant what al Mardawi and those after him preferred in the madhhab. One of the most famous books of al mukhtar among the later Hanbalis is Zad al Mustaqniʿ by Sharf al Din al Hajjawi.
When they used the expression “the chosen opinion of the madhhab,” it referred to the selected opinions within the period of the speaker. If he was from the later period, his statement referred to the choices of al Mardawi and those after him, which were embodied in Zad al Mustaqniʿ.
When the scholar simply used the term “al mukhtar,” it often meant his own personal preference among the different narrations and opinions of the madhhab.
A later scholar might prefer the tarjih of the middle or early scholars. This was the practice of the verifiers of the madhhab who were not bound by strict taqlid.
