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Condemning Ikhtilaaf [Differences of Opinion] – Ibn Hazm

Main: Abū Muḥammad ʿAlī ibn Aḥmad ibn Saʿīd ibn Ḥazm
Translation: Taher Bin Syed Noor

 

Mas’ala: Condemning Ikhtilaaf [Differences of Opinion] [Haddathana (Narrated to us), Akhbarana (Informed us), Anba’ana (Told us), Sami’tu (I heard) are denoted by ‘==’ due to their strong mode of narration. The modes ‘An (From) and Qaal [He said] are given by ‘—‘ due to their weaker mode of narration.]

Abu Muhammad [Ali Ibn Hazm al-Andalūsi] said:

A group of people say, ‘‘this is a matter where there is a difference of opinion.’’

Abu Muhammad said:

And this is invalid. Ikhtilaaf cannot be supported and it is not permissible to do so due to what will be mentioned after this.

Truly it is obligatory upon us to follow what the Quran came with from Allah – the one who legislated for us the religion of Islam – and what is authentic from the Messenger of Allah ﷺ – the one whom Allah had commanded to explain the religion.

Allah ﷻ said,

لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيۡہِمۡ

“So that you may explain to mankind what was revealed to them.”  [Surah al-Nahl 16:44]

And nothing more.

And He ﷻ said,

ٱلۡيَوۡمَ أَكۡمَلۡتُ لَكُمۡ دِينَكُمۡ وَأَتۡمَمۡتُ عَلَيۡكُمۡ نِعۡمَتِى

“Today I have completed your religion for you and I have perfected my bounty upon you.” [Surah al-Ma’idah 5:3]

So, whatever is authentic from both these texts or either one of the two, then that is the truth.

Nothing extra will be added to the Quran and Sunnah even if every person on the earth gathered together to do so with all their might. Neither will they be undermined by anyone who chooses to abandon them.

It is correct as a matter of principle, that it is not obligatory to approve of Ikhtilaaf. And such people have made a mistake by saying “Ikhtilaaf  is a mercy.” And they hold as proof what is said to be from the Messenger’s ﷺ saying “My companions are like the stars, whoever you hold onto then you will be guided.”

Abu Muhammad said:

This is from the most corrupted sayings ever said.

This is since if differing was a mercy, then the consensual agreement would be a punishment, and no Muslim would ever say this. This is since there can only exist either agreement or disagreement and either mercy or punishment.

As for the aforementioned Hadith, it is a fabrication, an invented lie concocted by people of immorality due to a range of points needed to be known.

  1. It is not authentic from a traditionalists’ perspective.
  2. It does not befit the Messenger ﷺ that he would command something which he had criticised.

For example, he informed Abu Bakr that he was mistaken in a matter he was tasked to explain. He explained that ‘Umar had made a mistake in a matter he had interpreted in the Hijrah. He rebuked ‘Usayd bin Hudhair in an interpretation he made regarding a person who turned away his sword whilst as a combatant. He rebuked Abu al-Sunābil in a verdict he gave regarding the ‘Iddah.

The explanation of the scenarios just mentioned is given in the chapter of Taqleed [Blind Following] in this book. Therefore, there is no need to repeat it once again here, and what has already been mentioned will suffice us.

From the absurd and prohibited matters, which are not permissible at all is that the Messenger of Allah ﷺ to instruct us to follow that which he himself informed to be a mistake, therefore he would be commanding towards a mistake, and how far above that is Allah.

And excluding this characteristic, he ﷺ informed that they were mistaken in those instances, therefore it is not possible that he would command us to follow one who is mistaken.

Except if he wanted their narrations which they related from him then these are all authentic, this is since they — May Allah be pleased with them — are all trustworthy in their narrating. So, whoever of them narrates a Hadith then the narrator is under guidance.

  1. The Messenger ﷺ does not speak falsehood. Rather his statements are the truth.

And the comparison of comparing one who is correct to the stars is a futile analogy and a clear lie. This is since the one who wants the direction of the north star, and then faces the constellation of cancer is not guided, rather he goes far astray, he has made a filthy mistake and has gone clearly lost and far away.

Likewise, every single star does not guide upon every pathway. Therefore, the comparison which was mentioned is baseless.

As such, clarifying the fabrication of this ‘Hadith’ — its blunders are clear by necessity.

Abu Muhammad said:

And Allah ﷻ condemned Ikhtilaaf in more than one place in his book.

Allah ﷻ said,

وَإِنَّ ٱلَّذِينَ ٱخۡتَلَفُواْ فِى ٱلۡكِتَـٰبِ لَفِى شِقَاقِۭ بَعِيدٍ

“And indeed, those who made Ikhtilaaf in regard to the book are far away in opposition.” [Surah al-Baqarah 2:176]

And He ﷻ said,

فَبَعَثَ ٱللَّهُ ٱلنَّبِيِّـۧنَ مُبَشِّرِينَ وَمُنذِرِينَ وَأَنزَلَ مَعَهُمُ ٱلۡكِتَـٰبَ بِٱلۡحَقِّ لِيَحۡكُمَ بَيۡنَ ٱلنَّاسِ فِيمَا ٱخۡتَلَفُواْ فِيهِ‌ۚ وَمَا ٱخۡتَلَفَ فِيهِ إِلَّا ٱلَّذِينَ أُوتُوهُ مِنۢ بَعۡدِ مَا جَآءَتۡهُمُ ٱلۡبَيِّنَـٰتُ بَغۡيَۢا بَيۡنَهُمۡ‌ۖ فَهَدَى ٱللَّهُ ٱلَّذِينَ ءَامَنُواْ لِمَا ٱخۡتَلَفُواْ فِيهِ مِنَ ٱلۡحَقِّ بِإِذۡنِهِ

“Allah brought forth Prophets as warners and givers of glad tidings, and he sent down with them a book with the truth, so that they may judge between the people in what they have Ikhtilaaf over. And only those to whom the scripture was given, made Ikhtilaaf regarding it after clear proofs had come to them due to their hatred to one another. Then Allah by his leave guided those who believe in wherein they had Ikhtilaaf.” [Surah al-Baqarah 2:213]

And Allah ﷻ said, in order to obligate agreement and answering by rejecting Ikhtilaaf,

يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ ٱتَّقُواْ ٱللَّهَ حَقَّ تُقَاتِهِۦ وَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسۡلِمُونَ وَٱعۡتَصِمُواْ بِحَبۡلِ ٱللَّهِ جَمِيعً۬ا وَلَا تَفَرَّقُواْ‌ۚ وَٱذۡكُرُواْ نِعۡمَتَ ٱللَّهِ عَلَيۡكُمۡ إِذۡ كُنتُمۡ أَعۡدَآءً۬ فَأَلَّفَ بَيۡنَ قُلُوبِكُمۡ فَأَصۡبَحۡتُم بِنِعۡمَتِهِۦۤ إِخۡوَٲنً۬ا وَكُنتُمۡ عَلَىٰ شَفَا حُفۡرَةٍ۬ مِّنَ ٱلنَّارِ فَأَنقَذَكُم مِّنۡہَا‌ۗ كَذَٲلِكَ يُبَيِّنُ ٱللَّهُ لَكُمۡ ءَايَـٰتِهِۦ لَعَلَّكُمۡ تَہۡتَدُونَ

“O you who believe, fear Allah as he should be feared and die not except in the state of Islam. And hold fast, all of you together, to the rope of Allah and do not be divided amongst yourselves. And remember Allah’s favour upon you, for you were enemies to one another but He joined your hearts together so that by his grace, you became brethren, and you were on the brink of a pit of fire, and he saved you from it. As such Allah clarifies for you his signs so that you may be guided.” [Surah aal-‘Imrān 3:102-103]

and Allah ﷻ said,

وَلَا تَكُونُواْ كَٱلَّذِينَ تَفَرَّقُواْ وَٱخۡتَلَفُواْ مِنۢ بَعۡدِ مَا جَآءَهُمُ ٱلۡبَيِّنَـٰتُ‌ۚ وَأُوْلَـٰٓٮِٕكَ لَهُمۡ عَذَابٌ عَظِيمٌ۬

“And do not be like those who divided and made Ikhtilaaf after the clear proofs came to them, and for them is a great punishment.” [Surah aal-‘Imrān 3:105]

So it is correct that there is no guidance in the religion except via Allah’s conveyance of his verses, and differing in the religion is Haram, it is not permissible.

And Allah said,

وَلَا تَنَـٰزَعُواْ فَتَفۡشَلُواْ وَتَذۡهَبَ رِيحُكُمۡ‌ۖ

“And do not dispute [with one another] lest you lose courage and your strength depart.” [Surah al-Anfāl 8:46]

And Allah said,

أَنۡ أَقِيمُواْ ٱلدِّينَ وَلَا تَتَفَرَّقُواْ فِيهِ‌ۚ

“That you establish the religion and do not differ.” [Surah al-Shura 42:13]

And Allah said,

وَأَنَّ هَـٰذَا صِرَٲطِى مُسۡتَقِيمً۬ا فَٱتَّبِعُوهُ‌ۖ وَلَا تَتَّبِعُواْ ٱلسُّبُلَ فَتَفَرَّقَ بِكُمۡ عَن سَبِيلِهِۦ‌ۚ ذَٲلِكُمۡ وَصَّٮٰكُم بِهِۦ لَعَلَّڪُمۡ تَتَّقُونَ

“And this is my straight path so follow it, and do not follow any other paths, for you will separate you away from his path. This is what he as ordained for you so that you may become righteous.” [Surah al-An’aam 6:153]

And Allah said,

إِنَّ ٱلَّذِينَ فَرَّقُواْ دِينَہُمۡ وَكَانُواْ شِيَعً۬ا لَّسۡتَ مِنۡہُمۡ فِى شَىۡءٍ‌ۚ

“Indeed those who separate in their religion and become sects, you (Muhammad) have not a single thing to do with them.” [Surah al-An’aam 6:159]

And He ﷻ said,

وَلَوۡ كَانَ مِنۡ عِندِ غَيۡرِ ٱللَّهِ لَوَجَدُواْ فِيهِ ٱخۡتِلَـٰفً۬ا ڪَثِيرً۬ا

“If it (the Qur’an) was from other than Allah, they would have found in it much Ikhtilaaf.” [Surah al-Nisā 4:82]

Ibn Hazm == ‘Abdullah b. Yūsuf == Ahmed b.Fath == ‘Abd al-Wahhāb b. Īsa == Ahmed b. Muhammad == Ahmed b. ‘Ali == Muslim b. Hajjāj == Abu Kāmil Fudhayl b. Hussain al-Jahdari == Hammād b. Zayd == Abu ‘Imrān al-Jawnī == ‘Abdullah b. Rabāh al-Ansāri == ‘Abdullah b. ‘Umar, who said:

I went to the Messenger of Allah ﷺ one day and he heard the voices of two men arguing regarding a verse, so the Messenger of Allah ﷺ went out to them and anger could be recognised on his face, he said,

“Indeed those who came before you were destroyed due to their Ikhtilaaf regarding the book.” [Sahih Muslim 2666]

Ibn Hazm == ‘Abd al-Rahmān b. ‘Abdullah == Abu Ishāq al-Balkhī == Al-Farbarī == Al-Bukhari == Abu al-Waleed [al-Tiyālisy] == Shu’bah == ‘Abd al-Malik b. Maysarah == al-Nizāl b. Sayrah == ‘Abdullah b. Mas’ud, who said:

I heard a man recite a verse which I heard the Messenger of Allah ﷺ recite differently as to how he did, so I took him by his hand and came to the Messenger of Allah ﷺ who said,

“Both of you are correct [in its recitation].”

Shu’bah said:

I strongly think he also said:

“Do not have Ikhtilaaf since the people before you made Ikhtilaaf so they were destroyed.” [Sahih al-Bukhari 2410]

Ibn Hazm == Muhammad b. Sa’īd == Ahmed b. ‘Awnillah == Qāsim b. Asbigh == Muhammad b. ‘Abd al-Salaam al-Khushanī == Bandār == Ghundār == Shu’bah — ‘Abd al-Malik b. Maysarah — al-Nizāl — Ibn Mas’ud — Messenger of Allah ﷺ, with the same Hadith.

And Shu’bah mentioned at the end

Shu’bah == Mas’ar — Ibn Mas’ud who said:

The Messenger of Allah ﷺ said,

“Do not make Ikhtilaaf.”

Ibn Hazm == ‘Abdullah b. Yūsuf == Ahmed b. Fath == ‘Abd al-Wahhāb b. Īsa == Ahmed b. Muhammad == Ahmed b. ‘Ali == Muslim == ‘Ubaydullah b. Mu’ādh == His Father == Shu’bah — Muhammad b. Ziyād == Abu Hurayrah, who said:

The Messenger of Allah ﷺ said,

“Leave me with what I have left you, for verily those who were before you were destroyed because of their excessive questioning and their Ikhtilaaf with their Prophets.” [Sahih Muslim 1337]

And with the same chain to Muslim

  1. Muslim == Yahya b. Yahya == Abu Qudāmah al-Hārith b. ‘Ubayd  == [See 4.]
  1. Muslim == Ishāq b. Mansūr == ‘Abd as-Samad b. ‘Abd al-Wārith al-Tanūri ==

Hammām == [See 4.]

  1. Muslim == Ahmed b. Sa’īd b. Sakhr al-Dārimī == Hibbān == Abān == [See 4.]
  1. Abu Qudāmah al-Hārith b. ‘Ubayd and Hammām and Abān == Abu ‘Imrān al-Jawnī — Jundub b. ‘Abdullah al-Bakhalī, [or Bajalī as appears in another manuscript] who said:

The Messenger of Allah ﷺ said,

“Recite the Quran as long as your hearts agree to do so, and when you begin to make Ikhtilaaf then stand up [i.e. and leave it off].” [Sahih Muslim 2667]

And with the same chain to Muslim == Zuhair b. Harb == Jareer b. Suhail b. Abi Sālih — His Father — Abu Hurayrah, who said:

The Messenger of Allah ﷺ said,

“Verily Allah is pleased for you three things and hates for you three things. He is pleased for you that you worship him alone and do not commit Shirk with him a single thing, and that you hold onto the rope of Allah and that you do not differ. And he hates for you ‘he said and it was said’ [i.e. gossiping], asking too many questions and wasting money.” [Sahih Muslim 1715]

Abu Muhammad said:

Therefore, in some of what we have just mentioned suffices to say that Allah ﷻ, stipulated that Ikhtilaaf is disunity and that it is an injustice.

And he prohibited differing and splitting in the religion. And he promised the threat of a painful punishment for Ikhtilaaf, and that it will cause loss of strength. He informed that Ikhtilaaf is separation from Allah’s path. And whomsoever exits from the path of Allah then he has entered into the path of Shaytān.

Allah said,

قَد تَّبَيَّنَ ٱلرُّشۡدُ مِنَ ٱلۡغَىِّ‌ۚ

“Verily, the right path has become distinct from the wrong path.” [Surah al-Baqarah 2:256]

And He ﷻ, had laid down that Ikhtilaaf is not from him, and to elaborate — He ﷻ is not pleased with this. Indeed, this matter is from that which he wants from his universal wants, similar as such from his universal wants is disbelief and the rest of the sins.

If a person were to say that the Sahaba and the most virtuous of people made Ikhtilaaf, then does this condemnation apply to them?

It is said to him — By Allah ﷻ is our affirmation to good.

No, not a single thing of this condemnation is applicable to them. This is since every single individual from them sought the proofs on the path of Allah, and their objective was the truth.

Therefore, the mistaken one amongst them receives a single reward due to his beautiful intention in his desire for good. And any sin has been lifted off of them due to their mistake since this mistake was not undertaken deliberately nor was it their objective, and they shouldn’t be belittled due to their search.

The one who was correct amongst them receives two rewards, and such is the case of every Muslim until the day of judgement, for what was not apparent to him from the religion or whatever of its matters did not reach him.

Verily the aforementioned threat is applicable to the one who abandons attaching himself to the rope of Allah ﷻ, which is the Quran and the speech of his Messenger ﷺ after the texts have reached him, or after the proofs have been established against him.

It is applied to a person where this person is a deliberate Muqallid [Blind Follower] to Ikhtilaaf, he is a caller to sectarianism and a fanatic of Jaahiliyyah [i.e. Ignorance or pre-Islamic pantheistic ritualism and habits]. His objective is towards his denomination, he is arrogant in his call in declining the Quran and the Sunnah in favour of such group.

If the texts are in agreement to his group he takes them, and if it opposes his group then he clings to his Jaahiliyyahand he disregards the Quran and the speech of the Messenger of Allah ﷺ, then those are the ones who are making Ikhtilaaf and they are condemned.

Another type is a people whereby they are lenient in their religion, they lack any piety towards searching to that whichever conforms with their desires. In the saying of any person, they take whatever concessions they can, from the saying of any scholar, as Muqallids to him, not seeking what is obligatory from the texts, whether from Allah ﷻ or from his Messenger ﷺ.

If a person says, ‘’It is impossible for Ikhtilaaf not to exist, so how do we break away from this condemnation regarding those who differ.”

It is said to him — By Allah ﷻ is our affirmation to good.

Allah ﷻ has taught us the path to that. He did not call us to a disarrayed oppression and to him belongs all praise.

He ﷻ said,

وَأَنَّ هَـٰذَا صِرَٲطِى مُسۡتَقِيمً۬ا فَٱتَّبِعُوهُ‌ۖ وَلَا تَتَّبِعُواْ ٱلسُّبُلَ فَتَفَرَّقَ بِكُمۡ عَن سَبِيلِهِ

“And this is my straight path so follow it, and do not follow any other paths, for you will separate you away from his path.” [Surah al-An’aam 6:153]

And He said,

وَٱعۡتَصِمُواْ بِحَبۡلِ ٱللَّهِ جَمِيعً۬ا وَلَا تَفَرَّقُواْ‌ۚ

“And hold fast, all of you together, to the rope of Allah and do not be divided amongst yourselves.” [Surah aal-‘Imrān 3:102]

And He said,

فَإِن تَنَـٰزَعۡتُمۡ فِى شَىۡءٍ۬ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ إِن كُنتُمۡ تُؤۡمِنُونَ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأَخِرِ‌

“If you differ in a matter, then refer it back to Allah and His Messenger if you are true believers in Allah and the last day.” [Surah al-Nisā 4:59]

So if all the sayings of people are brought forth, then follow the speech of Allah and the speech of his Prophet ﷺ, the one who explained whatever Allah had commanded us with and that whichever the entirety of the Muslims had agreed upon [‘Ijma – consensus].

And this is the path of Allah ﷻ, and his rope which if we hold onto, it will take you out from the condemned group and the hated Ikhtilaaf if you truly believe in Allah and the last day as Allah had said.

This is what the entire peoples of Islam had united upon, whether past or present. Verily there is not a single Muslim except that he holds that the speech of Allah ﷻ, and the speech of the Messenger ﷺ obligates acceptance and that it is not Halal for a single person to have a difference of opinion with a single thing from that nor to oppose it.

And as for the remaining opinions which are taken from Taqleed [Blind Following] of this individual or that individual, or from Qiyaas [Deductive analogy] or from Istihsaan [Juristic preferences] then this is the condemned Ikhtilaaf which is not Halal to follow.

So whomsoever abstains from this then he has abstained from Ikhtilaaf.

And the advocates of those sayings are all commanded to abandon these and to return to the rope of Allah ﷻ and his path.  So when they abandon this, they have abandoned Ikhtilaaf and their sect, and have returned to what is obligatory upon them which is a mandating agreement.

And with this we have said, to abolish any judgement of any jurist who has done so in opposition to the texts, regardless if a multitude of scholars had done so or not.

Allah ﷻ said,

وَلَا يَزَالُونَ مُخۡتَلِفِين إِلَّا مَن رَّحِمَ رَبُّكَ‌ۚ وَلِذَٲلِكَ خَلَقَهُمۡ‌ۗ

“And they will not cease to make Ikhtilaaf, except those whom Allah has mercy upon, and for that he created them.” [Surah Hud 11:118-119]

So He ﷻ, excluded those who he has mercy over from the people of Ikhtilaaf. He brought out those individuals who mercy has been bestowed upon from those who enjoin Ikhtilaaf and their many numbers.

And whomsoever thinks that the saying of Allah “And for that he created them.” — meaning he created them for mercy, and he wants by this to permit Ikhtilaaf, then this is from the utmost transgression due to two necessitating proofs.

The first proof:

Allah ﷻ excluded those who he had mercy over from the party of Ikhtilaaf, so if He ﷻ created the people of Ikhtilaaffor his mercy, then he would have made the exclusion regarding those his mercy is upon, and he would have taken them out from a faction of themselves, and this is nonsense, it is impermissible. The absurdity of such speech is in-comprehendible.

The second proof:

The people of Ikhtilaaf exist, and everything that is in existence is upon a condition.

And there is no doubt that with every Muslim, that He ﷻ created us to be in a certain condition.

Then it would have most certainly been correct, without any doubt that it is helpless to have Ikhtilaaf in what they were created for.

Except unless a person says that the pronoun to the word ‘creation’ refers back to the one who the mercy is bestowed upon.

Then the intent would be to exclude those individuals under the mercy from those people of Ikhtilaaf and that those who hold onto the rope of Allah is the mercy, and this is what is correct without any doubt.

And he condemned Ikhtilaaf, and its departure from the mercy held by him

And from those who said this from amongst the righteous predecessors [lit. Salaf al-Sālih]:

‘Umar ibn ‘Abd al-‘Aziz and Mālik Ibn Anas.

Ibn Hazm == al-Muhlab – Ibn Mināsi – Ibn Masroor – Yunus b. ‘Abd al-‘Alaa == Ibn Wahb == ‘Abdullah b. Yazīd – al-Mas’ūdi who said,

I heard ‘Umar ibn ‘Abd al-‘Aziz recite the verse:

وَلَا يَزَالُونَ مُخۡتَلِفِين إِلَّا مَن رَّحِمَ رَبُّكَ‌ۚ وَلِذَٲلِكَ خَلَقَهُمۡ‌ۗ

“And they will not cease to make Ikhtilaaf, except those whom Allah has mercy upon, and for that he created them.” [Surah Hud 11:118-119]

And he said, “He made the people under his mercy not to have Ikhtilaaf.”

And Ibn Wahb said:

I heard Mālik saying regarding this verse

“Those who are at his mercy do not make Ikhtilaaf.”

Abu Muhammad said:

The meaning of our saying that Ikhtilaaf in the religion is not permissible is — that one should obey the command of Allah and the command of his Messenger. It is not allowed to oppose this ever. And nothing which has come from Allah ﷻ upon the tongue of his Messenger ﷺ contains Ikhtilaaf.

Indeed rather they are clear-cut or specific for a particular framework from within it, or there are matters related to abrogating and abrogated verses only.

And if there is no truth except what has come from Allah on the tongue of his Messenger, then the opposition to the truth is not Halal.

The accuracy of this matter is not concealed just as certainly the number three is greater than two.

And by Allah ﷻ is our affirmation to good.

Al-Ihkaam fi Usool Al-Ahkaam, Abu Muhammad Ali Ibn Hazm, Dār al-Ifāq al-Jadeedah, Beirut, Lebanon, 1403AH [1983], vol. 5, p. 64-70.

 

Glossary

[The glossary has been constructed in the light of the definitions that are found in the books of Shaikhul Islam Muhaddith Ibn Hazm]

Ikhtilaaf: Differences of opinion i.e. Several individuals hold different opinions regarding a matter.

Hijrah: The emigration of the early Muslims from Makkah to either Ethiopia or Medina.

Taqleed: Blind following i.e. When a person believes that something is correct without him having any proof only because someone other than the Messenger of Allah said so. [Al-Ihkaam fi Usool al-Ahkaam vol. 6, p. 60.]

Muqallid: The individual who does Taqleed [See above]

Jaahiliyyah: Ignorance and/or customary practices from the period before the Prophethood of Muhammad ﷺ.

‘Ijma: Unanimous agreement of the scholars upon a legal matter based upon an evidence from the Quran or Sunnah. Note, according to Ibn Hazm, this consensus is only possible in the era of the Sahaba, and it is haram to oppose it.

Qiyaas: A method of deriving rulings in the absence of a text based upon an intellectual comparison to a matter in which a ruling is found.

i.e. Narrated by ‘Ali ‘’If the Religion was based upon the intellect then the bottom of the feet would be more deserving to be wiped than the top. Verily, I saw the Messenger of Allah wipe over the top of his khufs [leather socks].’’ [Abu Dawūd, vol. 1, p. 33, Authenticated by al-Albani]

Also in this example, if a person were to make Qiyaas he would wipe underneath his socks just as similarly he does when washing his feet for Wudu. However, the Sunnah specifies otherwise and to only wipe the top.

Istihsaan: A ruling which a scholar gives whereby he sees it to be more practical in its consequences or more practical due to certain conditions. [Al-Ihkaam fi Usool al-Ahkaam, vol. 6, p. 16]

This can cause many issues since scholars differ in what they deem to be practical or under what conditions, as such it will naturally cause Ikhtilaaf, therefore it is upon us to return back to the sources of revelation, the Quran and Sunnah.

 

Source:- http://darhadith.com/pubs/condemning-ikhtilaaf-ibn-hazm/

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