2.6. MAKING A DISTINCTION BETWEEN MISTAKES STEMMING FROM AN HONEST EFFORT TO FIND OUT WHAT IS RIGHT (IJTIHAAD)
Making a distinction between mistakes stemming from an honest effort to find out what is right (ijtihaad), and mistakes done deliberately, out of negligence or because of shortcomings.
There is no doubt that in the first case, a person is not to be blamed; indeed he will earn one reward even if he is mistaken, so long as his intention was sincere and he tried to reach the right conclusion, because the Prophet (peace and blessings of Allaah be upon him) said: “If a ruler judges and strives to make the right decision, and his decision is correct, he will have two rewards, and if his decision is wrong, he will still have one reward.” (Reported by al-Tirmidhi, 1326, Shaakir edn. Abu ‘Eesa al-Tirmidhi said it is a ghareeb hasan hadeeth in this version.)
This is a different case from one who errs deliberately or because of shortcomings. In the first instance, the person should be taught and advised; in the second, he should be warned and rebuked. The ijtihaad which may be excused should be done on the part of one who is qualified, not one who gives fatwas without knowledge and without taking circumstances into account. This is why the Prophet severely denounced the people who made the mistake in the case of the man with the head wound. Abu Dawood narrated in his Sunan from Jaabir (may Allaah be pleased with him) who said:
“We went out on a journey, and one of the men with us was struck in the head with a stone and started bleeding. Then he slept and when he woke up he needed to do ghusl (he was in a state of janaabah or impurity). He asked his companions, ‘Do you think I could get away with doing tayammum?’ They said, ‘We don’t think you have any excuse because water is available.’ So he did ghusl, and he died. When we came to the Prophet (peace and blessings of Allaah be upon him) and he was told about this, he said, ‘They have killed him, may Allaah kill them! Why did they not ask if they did not know? The cure of the one who does not know is to ask…’” (Sunan Abi Dawood, Kitaab al-Tahaarah, Baab al-majrooh yatayammam; al-Albaani classed it as hasan in Saheeh Abi Dawood, 325, and indicated that the extra material [not mentioned] added at the end of the hadeeth is da’eef)
The Prophet (peace and blessings of Allaah be upon him) said that judges are of three types, one will be in Paradise and the other two in Hell. The type that will be in Paradise is a man who knows the truth and judges accordingly. A man who knows the truth but judges unjustly will be in Hell, and a man who judges between people without proper knowledge will also be in Hell. (Sunan Abi Dawood, no. 3573; classed as saheeh by al-Albaani in al-Irwa’, 2164).
The third type is not regarded as having any excuse. Another factor in gauging the degree of rebuking is paying attention to the environment in which the mistake occurred, such as whether it was an environment in which the Sunnah is followed or bid’ah is widespread, or how prevalent evil is, or whether there are ignorant or overly lenient people, whose opinions are widely followed, issuing fatwas to say that it is permissible.
Source: Islam Basics by Muhammed Salih Al-Munajji
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