Question:
We know that the Prophet PBUH gives his own ijtihad for worldly matters, such as for military strategy and plant grafting. My question is, is it permissible for the Prophet PBUH to give his own ijtihad for religious matters, or are all of his words and actions are revelations from Allah SWT? For Allah SWT states that the Prophet does not say anything unless what has been revealed to him (Surah al-Najm: 3)
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
According to syarak, ijtihad means a great effort of independent reasoning after thorough exertion of a jurist’s intellectual faculty in finding a solution to a legal question in Islamic ruling. (Refer Al-Luma’ fi Usul al-Fiqh 1/72)
Scholars discussed the issue of whether or not the Prophet PBUH practised his own ijtihad.
According to Imam al-Syathibi, hadith is a revelation from Allah SWT or an ijtihad of the Prophet PBUH. (Refer Al-Muwafaqat 3/335). Thus, according to him, it is permissible for the Prophet PBUH to use his own reasoning.
In our understanding of this issue of ijtihad from the Prophet PBUH, it can be divided into two parts:
First, ijtihad in the worldly matters.
Second, ijtihad in syarak.
As for the first part of ijtihad, Imam al-Syaukani stated that it is permissible for all prophets and messengers to give their ijtihad in worldly matters.
However, scholars have differing opinions on the second part of ijtihad. Their opinions are divided as the following:
- The opinion that does not permit ijtihad, this is the opinion of Ibn Hazm.
- While the majority of scholars ruled it permissible.
Allah SWT states:
وَمَا يَنطِقُ عَنِ الْهَوَىٰ
“Nor does he speak from [his own] inclination.”
Surah al-Najm (3)
According to Imam al-Syaukani and Syeikh Wahbah al-Zuhaily, the above verse refers to the Quran, where the Musyrikin (idolaters) and disbelievers claimed that the Prophet PBUH learned the Quran from other humans, then Allah SWT revealed this verse rejecting their claims. (Refer Irsyad al-Fuhul ila Tahqiq al-Haq min ‘Ilm al-Usul, 2/217-219 and Tafsir al-Munir, 14/129)
Almarhum Syeikh Wahbah al-Zuhaily stated the scholars’ consensus that it is permissible for the Prophet PBUH to give his own ijtihad in the matters of jurisprudence, however they have differing opinions regarding the permissibility of the Prophet PBUH giving ijtihad in religious matters. Most scholars ruled it permissible for the Prophet PBUH to give his ijtihad in worldly matters, while other scholars from Asya’irah, Mutakallimin and Mu’tazilah schools ruled it impermissible.
Among the evidences that supports the permissibility of the Prophet PBUH to give his ijtihad is:
فَاعْتَبِرُوا يَا أُولِي الْأَبْصَارِ
“So, take warning, O people of vision.”
Surah al-Hasyr (2)
The wisdom from the above verse means qiyas (analogical deduction) and ijtihad (independent reasoning) are only for the ulil absar, or the people of great wisdom and intellect, and the Prophet PBUH is the wisest and most intelligent of all. Surely, he is eligible to give ijtihad. (Refer Usul al-Fiqh al-Islami, 2/1084-1086)
An example of an ijtihad from the Prophet PBUH is from a hadith:
لَوْلاَ أَنْ أَشُقَّ عَلَى أُمَّتِي لأَمَرْتُهُمْ بِالسِّوَاكِ مَعَ كُلِّ صَلاَةٍ
"Were it not that it would be too difficult for my Ummah, I would have commanded them to use the Siwak at (the time of) every Salah."
Sahih al-Bukhari (887) and Sahih Muslim (252)
According to Imam al-Nawawi and Imam Ibnu Hajar al-’Asqalani, the above hadith is an evidence for the permissibility of the Prophet PBUH to give ijtihad in matters that is not stated by Allah SWT, and this is the sound opinion of the majority of scholars. (Refer Al-Minhaj Syarh al-Nawawi ‘ala Muslim 3/144 and Fath al-Bari Syarh Sahih al-Bukhari 2/376). Furthermore, Imam al-Baji states, if the Prophet PBUH is not allowed to give his ijtihad, surely, he would not consider the difficulty of his ummah as a justification for not obligating siwak on them. Refer Al-Muntaqa Syarh al-Muwatta’ 1/130)
In another hadith:
قَالَ رَجُلٌ يَا رَسُولَ اللَّهِ إِنَّ أَبِي مَاتَ وَلَمْ يَحُجَّ أَفَأَحُجُّ عَنْهُ قَالَ " أَرَأَيْتَ لَوْ كَانَ عَلَى أَبِيكَ دَيْنٌ أَكُنْتَ قَاضِيَهُ ". قَالَ نَعَمْ. قَالَ " فَدَيْنُ اللَّهِ أَحَق
"A man said: 'O Messenger of Allah! My father has died, and he did not perform Hajj; shall I perform Hajj on his behalf?' He said: 'Don't you think that if your father owed a debt you would pay it off?' The man said: 'Yes.' He said: 'The debt owed to Allah is more deserving (of being paid off)."'
Sunan al-Nasa'ie (2639)
According to Imam Syeikh Wahbah al-Zuhaily, the Prophet PBUH did not wait for revelation first, but gives his ijtihad in answering the man’s question and Allah SWT did not sent revelation regarding this matter. (Refer Usul al-Fiqh al-Islami 2/1087)
إِنَّكُمْ تَخْتَصِمُونَ إِلَىَّ، وَلَعَلَّ بَعْضَكُمْ أَلْحَنُ بِحُجَّتِهِ مِنْ بَعْضٍ، فَمَنْ قَضَيْتُ لَهُ بِحَقِّ أَخِيهِ شَيْئًا بِقَوْلِهِ، فَإِنَّمَا أَقْطَعُ لَهُ قِطْعَةً مِنَ النَّارِ فَلاَ يَأْخُذْهَا
“You people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So, if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of Fire."
Sahih al-Bukhari (2680) and Sahih Muslim (1713)
One of the responsibilities of the Prophet PBUH is to be a judge in resolving certain issues in his time, and the above hadith proves that the Prophet PBUH gives his ijtihad in resolving the cases presented to him, and he himself admitted to the shortcoming that he may have had in passing judgement in certain situations.
Did the Prophet PBUH Ever Make A Mistake When Giving His Ijtihad?
Scholars discussed the issue of whether or not the Prophet PBUH has ever made a mistake in his ijtihad. The consensus of the scholars said that it is permissible for the Prophet PBUH to make a mistake in his ijtihad regarding the worldly matters, but it is impermissible for him to make any mistake in his ijtihad in religious matters. Syeikh Wahbah al-Zuhaily said the example of this is stated in the Quran, where Allah SWT states:
مَا كَانَ لِنَبِيٍّ أَن يَكُونَ لَهُ أَسْرَىٰ حَتَّىٰ يُثْخِنَ فِي الْأَرْضِ ۚ تُرِيدُونَ عَرَضَ الدُّنْيَا وَاللَّـهُ يُرِيدُ الْآخِرَةَ ۗ وَاللَّـهُ عَزِيزٌ حَكِيم
“It is not for a prophet to have captives [of war] until he inflicts a massacre [upon Allah 's enemies] in the land. Some Muslims desire the commodities of this world, but Allah desires [for you] the Hereafter. And Allah is Exalted in Might and Wise.”
Surah al-Anfal (67)
In the above verse, Allah SWT rebuke the Prophet PBUH ijtihad in collecting fidyah from the prisoners of Badar war as suggested by Saidina Abu Bakar RA, and accepted the suggestion of Saidina Umar RA, where he said that they should kill the prisoners. (Refer Usul al-Fiqh al-Islami 2/1092)
Conclusion
As a conclusion, it is permissible for the Prophet PBUH to give his ijtihad in worldly and religious matters. However, there is a possibility that he made an error in worldly matter, but it is impossible for him to make any mistakes in religious matters as agreed by the majority of scholars. This is supported by the words of the Prophet PBUH:
إِنَّمَا أَنَا بَشَرٌ إِذَا أَمَرْتُكُمْ بِشَىْءٍ مِنْ دِينِكُمْ فَخُذُوا بِهِ وَإِذَا أَمَرْتُكُمْ بِشَىْءٍ مِنْ رَأْىٍ فَإِنَّمَا أَنَا بَشَر
“I am a human being, so when I command you about a thing pertaining to religion, do accept it, and when I command you about a thing out of my personal opinion, keep it in mind that I am a human being.”
Sahih Muslim (2362)
Imam al-Nawawi said: “In worldly matters, for example, the Prophet PBUH’s ijtihad regarding grafting of date trees. According to scholars it is not a syarak issue, and his words are just of the prophet PBUH’s opinion.” (See Syarh al-Nawawi 'ala Sahih Muslim, 15/116)
All of the actions and words of the Prophet PBUH are under the governance of revelation, and when the Prophet PBUH make a mistake, Allah SWT would send revelation to correct him. Thus, indirectly, the source of all of the ijtihad of the Prophet PBUH comes from revelation.
Wallahua’lam.