IJMAA OF EVERY ERA IS A HUJJAH

tfahmAssalamu `alaykum. Lately i've been coming across some really weird principles and new notions which are widespread among some groups and brothers. Though this opinion is held by some dhahiree scholars (even which is arguable as to what exactly they mean as they seem to believe in ijmaa` but say it is not authentically established after the sahaaba and they also seem to take ittefaq as a hujjah- nevertheless) , this is in contrast to the majority a very odd opinion. And likewise In my last two articles i tried to keep it short and refute similar odd notions


1) those who deny ahl adh-dhikr from being `Ulema "as well"

Link: http://fahmalhadeeth.blogspot.com/2014/12/the-scholars-are-ahl-dhikr.html

2) those who accuse the Muhadditheen of concocting every single usool.

Link: http://fahmalhadeeth.blogspot.com/2014/12/defending-muhadditheen-from-forging.html

This article is a similar small effort to explain that After Qur`an was-Sunnah - Ijmaa` is the biggest of hujjah. So much so that many of the past scholars ; in fact a very large group of them said that even in the face of a khabar ul-waahid (a type of hadeeth) or a dhanni or ikhtalaafi hadeeth- Ijmaa` takes precedence 

Note: All translations are rough but retaining the context of the quotes of scholars and i haven't inserted the `arabic script to keep it short . This compilation is a mixture of my notes , study and fatawa of Shaykh Zubayr `Ali Zai rahimahullah found in Maqalat 5 and Shaykh Fawzan hafidhahullah 

I will not go into the defintion, the differences in it and etc. This is for the Muslims who don't put their thinking and intellect above the Ahlus sunnah of 14 centuries and accept Ijmaa` as a proof to some era atleast. As for those who don't accept it at all then they are from the deviated individuals about whom the prophet sallalahu `alayhi wa sallam said :

".....that whoever opposes the jama`ah then kill him [Saheeh Muslim]
and Ibn Hajar Asqalani rahimahullah explained that

"...a denier of Ijmaa` is included in the one who seperates the jama`ah"
[Ref: Fath ul-Bari 12/204] ,

And some of the salaf have made takfeer upon such a man , as will be shown below. So in this article i am directly going to jump to showing the validity and hujjah of ijmaa` in every era biidhnillahi ta`ala . 



1) 

Ijmaa` or consensus was achieved in almost every era in some or the other topic. Even during the time of the sahaaba they had an Ijmaa` on many small and big issues . From the khilafah to Abu Bakr to  issues like these :

حَدَّثَنَا إِسْمَاعِيلُ بْنُ مُوسَى الْفَزَارِيُّ، حَدَّثَنَا شَرِيكٌ، عَنْ أَبِي حُصَيْنٍ، عَنْ عُمَيْرِ بْنِ سَعِيدٍ، عَنْ عَلِيٍّ، رضى الله عنه قَالَ لاَ أَدِي - أَوْ مَا كُنْتُ لأَدِيَ - مَنْ أَقَمْتُ عَلَيْهِ حَدًّا إِلاَّ شَارِبَ الْخَمْرِ فَإِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم لَمْ يَسُنَّ فِيهِ شَيْئًا إِنَّمَا هُوَ شَىْءٌ قُلْنَاهُ نَحْنُ ‏.‏ 

`Ali said:

I shall not pay blood-money or (he said) : I am not going to pay blood-money for him on whom I inflicted the prescribed punishment except for the one who drank wine, for the Messenger of Allah (ﷺ) did not prescribe anything definite. It is a thing which we have decided (by agreement) ourselves.

[Ref : Sunan Abi Dawud 4486. Saheeh]

2) 

The Books of Fiqh, Hadeeth, Jarh wa Ta`deel, Usool and Fataawa are filled with the phrases of Ijmaa` . To deny ijmaa` in every era is like saying these centuries of scholars from every madhab were either blinded or tricked or that today Mawlana 2014 happens to be more wise and knowledgeable. 


3)

And whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers’ way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination.} [Surah al-Nisaa (4): 115]

It is said that the first one to use this Aayah as an evidence was Imaam al-Shaafi`ee (rahimahullah)  in his ERA thereafter people followed him in using this verse as an evidence.

Many general ahadeeth (some of which will be followed below) show that the COMMAND of allah and his messenger (sallalahu `alayhi wa sallam) is to be enacted until Qiyamah. So when the prophet (sallalahu `alayhi wa sallam) says something  it is meant for his entire Ummah and not for the first three generations or first generation only. For example under the hadeeth wherein the prophet (sallalahu `alayhi wa sallam) mentions three things which a Muslim's heart won't detest

.......and sticking to the jama`ah 

[Ref: Musnad Ahmad 5/183 via Zaid ibn Thabit with a saheeh sanad] ,

Imam ash-Shaf`ee commenting under this says : 

And here - the COMMAND of the Messenger of Allah (sallalahu `alayhi wa sallam) to stick to the jama`at is among those evidences which authorize the daleel for the ijmaa` of the Muslimeen IN sha allah  

[Ref: Kitab ar-risalah Page 403] 

Apart from this Imam shaf`ee and many others have taken many other ahadeeth such as the one wherein the prophet (sallalahu `alayhi wa sallam) said :

"Whoever among you loves a beautiful and vast paradise then stick to the Jama`ah for Shaytaan preys on him (i.e deviates him) who he isolated (in his stance/opinion) " 

[Ref: Sunan al-Kubra lin-Nasa`e 5/388; Saheeh] 

Imam sha`fee and others have put this hadeeth under the abwaab of Ijmaa` [See risalah, Page 474]

Another example to show that the Ijmaa` of every era is Hujjah is the hadeeth which states that one group among my Ummah will always be on Haq. Imam an-Nawawi rahimahullah explains one of the evidences from this hadeeth to mean: 

"And in this is the evidence for the validity of Ijmaa` and this (hadeeth) is among the saheeh ahadeeth to prove this evidence (of Ijmaa`)  

[Ref: Sharh Muslim 2/143] 

Elsewhere someone questioned Imam nawawi 


Question to Imam nawawi : Some ignorant people here in Dimishq elevate and elongate , raising their voices chants that include wordings beyound the kalimat (during funeral procession) and they indulge in qir'aat with it. Is this is a preferable practise? 

Answer : As is apparent this is extremely ugly and a detested act. There is a consensus among the scholars of it being prohibited. Mawardi and many other Imams have narrated an Ijmaa` on its prohibition.  The ruler of the time should warn and penalize (or punish) these people and make them repent. And every one who holds the power and stature to oppose this (innovation) should do so. 

[Ref: Fataawa an-Nawawi 34] 

Elsewhere Imam nawawi also said 

Wa ajma`al-`Ulema `ala wujoobi ghaslil-wajhi..... 

[Ref: Sharh saheeh Muslim 3/107] 

So i will not go at length in quoting these ahadeeth. For those with `aql have gotten the idea by now that there are dozens of ahadeeth validating Ijma` by the latter `Ulema implying the validity of Ijmaa` of every generation from these very ahadeeth.

Likewise many many verses have been taken by Many `Ulema to mean and prove the validity of Ijmaa` in many eras. Quoting even half of them would turn this article into a book 

And still if someone argues then i will ask him what Loot (`alayhis salaam) asked his people : " Have you no man of reason among you?" and advice him to read this article which warns from self interpretation of shar`iah : http://the-finalrevelation.blogspot.com/2014/02/warning-from-self-interpretation-of.html

4) 

It is known that the Manhaj of the sahaaba was to first rule by Qur`an and Sunnah and then in accordance to what our aslaaf ruled in. This is not only a PROOF to follow the salafus saliheen but also shows that ruling by the agreement of the salaf in matters is the Manhaj of the sahaaba 

Example :

أَخْبَرَنَا مُحَمَّدُ بْنُ بَشَّارٍ، قَالَ حَدَّثَنَا أَبُو عَامِرٍ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنِ الشَّيْبَانِيِّ، عَنِ الشَّعْبِيِّ، عَنْ شُرَيْحٍ، أَنَّهُ كَتَبَ إِلَى عُمَرَ يَسْأَلُهُ فَكَتَبَ إِلَيْهِ أَنِ اقْضِ بِمَا فِي كِتَابِ اللَّهِ فَإِنْ لَمْ يَكُنْ فِي كِتَابِ اللَّهِ فَبِسُنَّةِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَإِنْ لَمْ يَكُنْ فِي كِتَابِ اللَّهِ وَلاَ فِي سُنَّةِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَاقْضِ بِمَا قَضَى بِهِ الصَّالِحُونَ فَإِنْ لَمْ يَكُنْ فِي كِتَابِ اللَّهِ وَلاَ فِي سُنَّةِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَلَمْ يَقْضِ بِهِ الصَّالِحُونَ فَإِنْ شِئْتَ فَتَقَدَّمْ وَإِنْ شِئْتَ فَتَأَخَّرْ وَلاَ أَرَى التَّأَخُّرَ إِلاَّ خَيْرًا لَكَ وَالسَّلاَمُ عَلَيْكُمْ‏.‏

It was narrated from Shuraih that:

He wrote to 'Umar, to ask him (a question), and `Umar wrote back to him telling him: "Judge according to what is in the Book of Allah. If it is not (mentioned) in the Book of Allah, then (judge) according to the Sunnah of the Messenger of Allah [sallalahu `alayhi wa sallam]. If it is not (mentioned) in the Book of Allah or the Sunnah of the Messenger of Allah [SAW], then pass judgment according to the way the righteous passed judgment. If it is not (mentioned) in the Book of Allah, or the Sunnah of the Messenger of Allah [sallahu `alayhi wa sallam], and the righteous did not pass judgement concerning it, then if you wish, go ahead (and try to work it out by yourself) or if you wish, leave it. And I think that leaving it is better for you. And peace be upon you." 

[Ref: Sunan an-Nasa`ee (5399); Hasan; elsewhere in Musannaf ibn Abi Shaiba `Umar (r.a) says rule in accordance to the agreement of the people (scholars) -  فَانْظُرْ مَا اجْتَمَعَ النَّاسُ عَلَيْهِ فَخُذْ بِهِ - Also  Similar emphasis are given by Ibn Mas`ood and many other sahaaba ] 

So much so that the giants of very recent era to ours also have quoted the ijmaa` of the salaf as a whole in every era together , for example : 

Shah Waliullah Dehlawi said, “These people (ie muqallids) say it is impermissible to ask a mufti of a different madhab and nor do they allow them to pray behind them. This is against the Ijma of the Salaf.” (Hujjatullah al-Balighah 1/124)    

5) 

The prophet `alayhi salatu was salaam himself personally emphasized not to execute any decision on the basis of one man rather consult the assembly of fuqaha and `abideen and execute based on what they agree upon 

عن علي قال : قلت : يا رسول الله ، إن نزل بنا أمر ليس فيه بيان : أمر ولا نهي ، فما تأمرنا ؟ قال : تشاورون الفقهاء والعابدين ، ولا تمضوا فيه رأي خاصة

Ali r.a says Oh Messenger of Allah Salallahu `alayhi wassalam: If a matter comes upon us about which there is no information, neither to do it nor to abstain from it. so, What do you command us regarding it? He (the Prophet) said consult your (righteouss) Fuqahaa and (knowledgable) Aabideen(worshipers) and Do not execute (orders) on the opinion of any (one) specific person.

[Ref: Al Mu`jam al Awsat, Hadeeth 1641, Classed as Hasan by Abu Yahya noorpuri]

6) 

Ibn Mas`ood (radhallahu `anhu) said  the below statements using the term Muslims and not "sahaaba" thereby making Ijmaa` something general. Those who make tafreeq or distinguish should produce a proof for the tafreeq that only till such and such era the ijmaa` is hujjah, after which it's not a hujjah.  He (radhiallahu `anhu) said : 

وَمَا رَآهُ الْمُسْلِمُونَ سَيِّئًا فَهُوَ عِنْدَ اللَّهِ سَيِّءٌ مَا رَأَى الْمُسْلِمُونَ حَسَنًا فَهُوَ عِنْدَ اللَّهِ حَسَنٌ 

What the Muslims view as good is regarded by Allah as good. And what Muslims view as bad is regarded badly near Allah 

[Ref: Narrated by Ahmad, 3418; classed as saheeh by Shaykh al-Albaani in Takhreej al-Tahhaawiyyah, 530 (or hasan mawqoof in 469), As-Suyuti also reported (narrating from the judge Abu Sa’eed when he was answering a question regarding the qawa’id {rules} of Al Sha’afi school) in Al-Ashbah wa Natha’ir 7-8; Ibn Katheer in Tuhfath at-Taalib 39; Az-Zarqaani in Mukhtasar ul-Maqaasid 889; Ahmad Shaakir in Musnad Ahmad 5/211 and said ‘This is Mawqoof sahih from Ibn Mas’ood’; Ahmad Shaakir in ‘Umdatul Tafseer min Tafseer ibn Katheer 1/820 and said ‘Isnaadahu Sahih’; Shaykh Muqbil al-Wadi'y recorded this in Sahih al Musnad 856 and said ‘Hassan’ ; Ibn Taymiyyah in Minhaj as-Sunnah 2/77 and said ‘Isnaad Ma’roof’; Ibn Hajar asqalaani in al-Amali al-Mutlaqah 65 said ‘Hassan’ and authenticated it in ad-diyarah (2/187) ; Al-Haythami in Majma’ az-Zawaahid 1/182 ; Ibn Qayyum in al-Ṭuruq al-ḥukmiyah fi al-siyasah al-shariyah 81 said ‘Proven from Ibn Mas’ood ‘ ; Ibn Qayyum also said the same in Al-Furusiyah 299; as-Sakhawee in al Maqaasid al Hasanah (no. 959) said ‘Mawqoof Hassan’; Ibn Mulqan and many others]

7)

Ibn `Umar (radhiallahu `anhu) narrated that the Messenger of Allaah sallalahu `alayhi wa sallam said:

إِنَّ اللَّهَ لَا يَجْمَعُ أُمَّتِي - أَوْ قَالَ: أُمَّةَ مُحَمَّدٍ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - عَلَى ضَلَالَةٍ، وَيَدُ اللَّهِ مَعَ الجَمَاعَةِ، وَمَنْ شَذَّ شَذَّ إِلَى النَّارِ

“Indeed Allaah will not gather my Ummah” - or he said: “The Ummah of Muhammad (sallalahu `alayhi wa sallam) upon deviation, and Allaah’s Hand is over the Jamaa`ah, .....”  

[Ref: Sunan al-Tirmidhee (2167); Saheeh; Versions in Musannaf ibn Abi Shaybah have different wordings which also make the hukm general and for all era like Alaykum bi al-jama`a fa innallaha la yajma`u ummata Muhammadin `ala dalala - Upon you is to be/follow the jama`ah for verily the ummah of Muhammad (meaning scholars) will not gather upon misguidance and wordings like Innallaha qad ajara ummati min an tajtami`a `ala dalala - "Verily Allah has protected my Community from agreeing upon error " as recorded by Ibn Abi `Aasim in Sunnah , Saheeh in silsilah saheeha 3:319]

The Shurah or Aimmah karaam such as Ibnul `Arabi, Qasim ibn Muhammad , Ishaaq ibn rahaawy and many others have specifically argued at lengths that jam`ah means the Ijmaa` of the fuqaha and Muhadditheen or simply `Ulema of an era 

There are many different ahadeeth with different wordings which allude to Ijmaa`. Such as "the hand is over the jamaa`" which have been interpreted by the `ulema to mean the ijmaa` of the ulema such as :

al-Munawi said: "Allah's hand is over the group means His protection and preservation for them, signifying that the collectivity of the people of Islam are in Allah's fold, so be also in Allah's shelter, in the midst of them, and do not separate yourselves from them. Whoever diverges from the overwhelming majority (of `ulema) concerning what is lawful and unlawful and on which the Community does not differ has slipped off the path of guidance and this will lead him to hell

[Ref: Sharh Jaami` as-sagheer 3/449]

and one can see , rather ONE SHOULD see the books of Ijmaa` to achieve two things. To realize how wrong he was in restricting Ijmaa` to a particular era and denying the ijma` or the latter generations and to learn the dependency on Ijmaa` for so many issues from different eras. There are tonnes of books out there on this subject, so much so that i didn't really expect that the Muslims would someday be so deluded to this extent.  Since most of these brothers cherish Imam Ibn Hazam rahimahullah, here is a book they will and should read to see how wrong they are from their Imaam : Maraatib al-ijma fi al- ibadat wa al-mu amalat wa al-mu taqadat. 

More so in this particular topic, Imam ibn hazam himself advocates and preaches an Ijmaa` of the scholars that was established (famous) after the period of the sahaaba 

6-  صح إجماع الأمة كلها على قبول خبر الواحد الثقة عن النبي(ص), وأن جميع أهل الإسلام كانوا على قبول خبر الواحد الثقة عن النبي(ص), يجري على ذلك كل فرقة في علمها, كأهل السنة والخوارج والشيعة والقدرية, حتى حدث متكلموا المعتزلة بعد المائة من التاريخ, فخالفوا الإجماع في ذلك. 

Ibn Hazam (rahimahullah) said in al-Ahkam the ijma of the ummah is saheeh that all of them accept the khabar ul-waahid of thiqah narrators from the Prophet (sallalahu `alayhi wa sallam) and the people of Islam are agreed upon accepting khabarul waahid of the authentic narrators from the Messenger of allah (sallalahu `alayhi wa sallam). And all the scholars of every sect including the Ahlus sunnah, the khawarij, the shi`ah, the qadariyyah traversed upon this except until the 100 Hijri when the Mu`tazila Muttakallimu came and opposed the Ijmaa in this (i.e, accepting the khabarul wahid) 

[Ref: Al-Ahkam by Ibn Hazam (1/113-114)] 

There are so many books on this topic and so many scholars have compiled scores of pages enlisting the masail and questions upon which there is an Ijma` of their era and other eras as well such as

Mawsu`at al-ijma` fi al-fiqh al-islami [Encyclopedia of Consensus in Islamic Law] compiled a total of 9,588 questions.)  Then Ibn Hazm (d. 456) authored Maratib al-ijma`  (as said above) in which he included matters of doctrine/`Aqeedah as well;  but for which he was criticized by Ibn Taymiyya in his Naqd maratib al-ijma` (pub. 1357 H) for claiming that he had compiled the questions on which there was unanimous agreement although he himself contradicts it many times. Suyuti's (d. 911) Tashnif al-asma` bi masa'il al-ijma` was unfortunately lost. Even Imam khateeb al-Baghdadi in his book Faqeeh wal-Muttafaqqih has placed a chapter on the hujjah of Ijmaa` and those who know who khateeb is, know very well how many dalail he is going to bring forth so please go through that baab as well.

These and Many more books, volumes of them prove the validity of the Ijmaa` of the latter era; so much so that Ibn al-Mundhir in his Kitaab al-Ijma` and elsewhere have reported many athar, one among which is reported from Abu Ishaaq al-Israfani that the total number of questions on which there was Consensus (Ijmaa`) exceeded 20,000!!

Also many principles of this deen revolve around ijma` as quoted by various scholars, for example :

Ibn Hibban rahimahullah said in Saheeh ibn HIbban (See Al-Ihsan fi Taqrib Sahih Ibn Hibban version the Muhaqqaq version for more footnotes)  [Very rough translation]

And any khabar coming from the Messenger of Allah (sallalahu `alayhi wa sallam) which is dhaahir and acceptable in it's apparent form has two specific (takhseesat to it)

(i) another sunnah that is authentically established and (ii) Ijmaa`

Because many times a hadeeth is utilized in itself and many times it has a specific (takhsees) to it from another ahadeeth and many times Ijmaa` (of the scholars) implement the specifics on it.  

Because many times a hadeeth is utilized in itself and many times it has a specific (takhsees) to it from another ahadeeth and many times Ijmaa` (of the scholars) implement the specifics on it.  

[Ref: al-Ihsan , see the Muhaqqaq version mentioned above 1/134]

Some quotes of scholars (the heirs of the prophet who are an authority in this deen & NOT random individuals)


8) 

Ibn Hazm rahimahullah said: 

“al-Ijmaa` is a principle from the principles of this pure religion, towards which one returns (to for rulings); and the one who rejects it, who after evidence has been established against him that there is Ijmaa` (on any given issue) but still rejects it, is a Kaafir.” [Ref: Maraatib al-Ijmaa` (1/7)]

Ibn Hajar in Fath al-Bari 12/202 and many others are of this view that he is a kaafir 


9) 

Under the hadeeth of "Allah will  not gather my Ummah upon misguidence" Imam at-tirmidhi quotes the Imaams of this Ummah alluding the validity of Ijmaa` after the sahaaba or first three generations

 ‏.‏ قَالَ أَبُو عِيسَى وَتَفْسِيرُ الْجَمَاعَةِ عِنْدَ أَهْلِ الْعِلْمِ هُمْ أَهْلُ الْفِقْهِ وَالْعِلْمِ وَالْحَدِيثِ ‏.‏ قَالَ وَسَمِعْتُ الْجَارُودَ بْنَ مُعَاذٍ يَقُولُ سَمِعْتُ عَلِيَّ بْنَ الْحَسَنِ يَقُولُ سَأَلْتُ عَبْدَ اللَّهِ بْنَ الْمُبَارَكِ مَنِ الْجَمَاعَةُ فَقَالَ أَبُو بَكْرٍ وَعُمَرُ ‏.‏ قِيلَ لَهُ قَدْ مَاتَ أَبُو بَكْرٍ وَعُمَرُ ‏.‏ قَالَ فُلاَنٌ وَفُلاَنٌ ‏.‏ قِيلَ لَهُ قَدْ مَاتَ فُلاَنٌ وَفُلاَنٌ ‏.‏ فَقَالَ عَبْدُ اللَّهِ بْنُ الْمُبَارَكِ أَبُو حَمْزَةَ السُّكَّرِيُّ جَمَاعَةٌ ‏.‏ قَالَ أَبُو عِيسَى وَأَبُو حَمْزَةَ هُوَ مُحَمَّدُ بْنُ مَيْمُونٍ وَكَانَ شَيْخًا صَالِحًا وَإِنَّمَا قَالَ هَذَا فِي حَيَاتِهِ عِنْدَنَا ‏.‏ 

Abu `Esa said :  The explanation of the Jama`ah (Jama`ah and Ijmaa are interrelated) , according to the people of knowledge, is the people of Fiqh , knowledge, and Hadeeth (in short scholars) . He said: ``I heard Al-Jarud bin Mu`adh saying: ‘I heard `Ali bin Al-Hasan saying: ``I asked `Abdullah bin Al-Mubarak: `Who is the Jama`ah ?’ So he said: `Abu Bakr and `Umar.' It was said to him: `Abu Bakr and `Umar have died.' He said: `So-and-so.' It was said to him: `So-and-so, and so-and-so have died.' So `Abdullah bin Al-Mubarak said: `Abu Hamzah As-Sukkari is a Jama`ah ’’ [Abu `Esa said:] Abu Hamzah is Muhammad bin Maimun, he was a righteous Shaikh , and he only said this about him during his life, according to us.  End quote. See his Bio here in Siyar : http://library.islamweb.net/newlibrary/display_book.php?ID=1255&bk_no=60&flag=1]

Elsewhere the Imaam also included every latter generation after the first three as well in the Ijmaa` thereby proving that it is not restricted to the Sahaaba alone by saying : 

And there is an Ijmaa` among the Ahl al-`Ilm from the sahaaba of the messenger of Allah sallalahu `alayhi wa sallam and the Taba`een and those AFTER THEM upon......  

[Ref: Jami` Tirmidhi] 

10) 

Imam at-tahawi makes in his Aqeedah saying that

Wa la nukhaalifu jama`at al-muslimeen "We do not separate [in belief and practice] from the largest group of the Muslims."

The commentators of this books aka the scholars have explained that the "largest group of the Muslims" here refers to the ijma` of al-Muhadditheen or Consensus of the majority of scholars.

Even Ibn Abi Haatim ar-Raazi- Shaykh of Bukhaari, said in his Muqaddamah of Jarh wa Ta`deel that the Ijmaa` of Ahl al-Hadeeth in every era is a Hujjah . This also proves that Ijmaa` of every era is and was accepted by the salaf 

 

11) 

Imam ash-Sha`fi in his risalah defines a short meaning of ijmaa`  :

The adherence of the Congregation (jama`a) of Muslim (scholars)  to the conclusions of a given ruling pertaining to what is permitted and what is forbidden after the passing of the Prophet, sallalahu `alayhi wa sallam. 

Imam sha`fi continues  (Risala page 253) to show that the hadeeth of the Prophet sallalahu `alayhi wa sallam is applicable in every era by saying : "The Prophet's order that men should follow the Muslim Community is a proof that the Ijma` of the Muslims is binding."

Imam shaf`ee is quoted to say : 

The `Asl (daleel) are Qur`an was-sunnah, after which comes Qiyas (upon them) and if a hadeeth is authentically traced back to the Prophet (sallalahu `alayhi wa sallam) then it is a Sunnah and al-Ijma` is greater than khabar waahid (aka 60% of our deen is based on khabar waahid reports)

[Ref: Adab ash-Shaf`ee li-Ibn Abi Haatim Page 177-178; with a saheeh sanad; And Imam sha`fee isn't the only one. Many `ulema have openly said that a hadeeth may be subjected to ikhtilaaf in taweel, or interpretation, naasikh wal-Mansookh or it's grading and what have you, i.e it may not be a qat`i evidence in many masail, however the Ijmaa` of the ummah is free from these irregularities . Imam sha`fi and even others including Ibn Qudamah have agreed upon that Ijmaa` is qat`i (absolute) evidence and not dhanni ]

So much so that Imam shaf`ee rahimahullah made Ijmaa` above the statements of the sahaaba and NO ONE objected to him as far as my little knowledge is .

`Ilm has various levels. The first of which is Kitaab (Qur`an) and sunnah if it (sunnah) is authentically established to be a sunnah. Then secondly the Ijmaa` in issues we don't have (qati` evidences from) Qur`an was-sunnah . and third the statements of some of the companions of the Messenger of Allah (sallalahu `alayhi wa sallam) if we do not of any (evidence or sahaabi) that opposes them.

[Ref: al-Umm 4/265; Also see Kitaab ar-risalah Pages 112; 1105; 1309; 1320; 1816; 1861 and more] 

If someone contests the above fatawa and in his overzealous understanding rather extracting then a number of verses can be used against his self interpretation such as , but not limited to :

"O you who believe, obey Allah and obey the Prophet and those of authority (includes scholars therefore includes their ijmaa` too) among you" (4:59).

But such counter proofs are beyound the scope of this article

12) 

It is well known that the compilations of ahadeeth, and their shurooh and ikhtilaaf was all primarily at peak during the latter eras , after the 1st three generations where ikhtilaaf increased. Keeping this in mind that maximum number of riwayat were recorded on paper more and more in the latter eras , Imam khateeb al-Baghdadi rahimahullah in his famous book on Usool al-hadeeth i.e al-Kifayah on page 21 said that 

 " if a hadeeth/narration opposes the ijmaa` then it will be rejected" 

So much so that the 5 conditions for a hadeeth to be saheeh (and no more) is also agreed upon by the Ijma` of the latter generations and not the former or first 3 in specific.  Another example is the Ijmaa` that whoever laughs with voice during salah then his salah is void.  Another is to give adhan in the ear of a new born is also an Ijmaa` of the latter generations. Even the issue of the Imaam saying takbeer loudly but the muqtadee` saying it silently is also an ijmaa` of the latter generation.

13) 

Ibn Hajar rahimahullah quotes ibnul `Arabi al-Maliki rahimahullah saying

هَذَا حَدِيثٌ مُخْتَلَفٌ فِي صِحَّتِهِ فَكَيْفَ يُقَدَّمُ عَلَى الْإِجْمَاعِ

This hadeeth is disputed upon in it's grading then how can we give it preference above the ijma` ?  

[Ref: Fath ul-Bari 9/343] 

Note: ijmaa` on various ahadeeth or rather various hukum extracted from shari`ah occurs at various eras. as mentioned above proof lies in the hundred thousand volumes of books of fiqh and usool and etc. But here are some examples of every era wherein each Imam quotes his and ijmaa` of other eras as well : 

from ibn abdil birr's own words in tamheed he quotes the ijmaa` of the era of his people on a hukm : 

وفي قول جماعة العلماء وإجماع الناس على معناه غنى عن الإسناد فيه  

and from imam nawawee's own words on another hukm 

يحكم للحديث بالصحة إذا تلقاه الناس بالقبول 

imam barbaharee's ta`leeqat of sharh us sunnah also says that every khilafah or era has it's leader established from the Ijmaa` of ahlil halli wal `Aqd of that era.  

لقيام الخلافة أو الولاية، هي أن تكون الخلافة بإجماع الناس، وإجماع الناس يتحقق بصور شتى، فغالباً ما يكون باتفاق أهل الحل والعقد؛ لأن الناس في شعائر الدين الكبرى  

Ibn `Abdil-Birr rahimahullah also stated :

The jurists and traditionists of all the cities (amsa ar) are agreed that the theologians are innovators and deviants. Nobody reckons them among the generations (tabaq at ) of the jurists. The scholars (ulam a) are only those who concern themselves with tradition and its juristic understanding (ahl al-athar wat-tafaqquh f eehi ); they compete among themselves in this [fi eld only] in accuracy (itq an), discrimination (mayz), and understanding (fahm)."

[Ref: Jaami` bayaan al-`Ilm wa fadhlihi page 942, 1799] 

Elsewhere 

Al-Haafidh Ibn Abdul Barr (rahimahullaah) said:

”The people upon the correct understanding of the religion and those who cling to the (authentic) narrations of the [Messenger (sallal-laahu-alayhi-wasallam) and that of the pious predecessors] in all the regions are agreed that the people of philosophical rhetoric are people of bidah and deviation.  (All the scholars) do not consider them to be from those who have been given sound understanding in the religion;rather the scholars are those who hold onto the (authentic) narrations of the [Prophet (sallal-laahu-alayhi-wasallam) and that of the pious predecessors] and they have been given sound understanding in that.”


[Ref: An-Nahjul Aqwaa' with the introduction of Shaikh Saaleh Al-Fawzaan and Shaikh Abdul Azeez Aala Shaikh: Page: 127]

Apart fromthe above , even the sahaaba have commanded us to stick to the Jama`ah or the ijmaa` of the `Ulema with regards to our rulers in EVERY ERA . 

Ibn Jumhaan (Taba`ee) came to Abdullah ibn Abi Awf (radhiallahu `anhu) complaining about the ruler's oppression upon people saying he does such and such and such...to which `Abdullah ibn Abi Awf (Radhiallahu `anhu) pushed him back and said : 






Woe be to you ya Ibn Jahman (saddooq hasanul hadeeth taba`ee), Upon you is to follow the majority , upon you is to follow the majority (this term is also translated as Jama`ah) If the sultan hears you (or pays attention to your advice) then go to his house and advice him, if he listens then well ans good otherwise you cannot do more than this 

[Ref: Musnad Ahmad 4/383-384 - Hadeeth no. 19415; Hasan]

So much so that we even need Ijmaa` to establish when a ruler died for example :

In Tabaqat ibn Sa`d it is written :

And the people are agreed upon that the caliph Khaalid ibn M`adaan (d. 103 AH) died during the khilafah of Yazeed ibn `Abdul Malik ....

[Ref: Tabaqat al-Kubra 7/455] 

Even if the brothers insists on interpreting this as the majority and not the ijmaa` then it is against them for if the Majority of `Ulema have this stance then what about the Ijmaa`? This is a proof that Ijmaa` in every era for different masail are valid and Hujjah according to the Madhab and Manhaj of the sahaaba as well.
 

In fact Ibn Hazam in al-Muhallaa, 6/102 himself quotes an Ijmaa` of his era  

Another example is the issue of praying janazah over taarike salah (one who abandons salah) wherein ibn taymiyyah quotes ijmaa` of all the latter eras to pray the funeral of such a man 

 ولا إهدار
دمه بسبب ذلك مع كثرة تاركي الصلاة في كل عصر والأمة لا تجتمع على ضلالة 

Imam al Bayhaqi quotes imam ash-sha`fee quoting ijmaa` of his time  

وَقَدْ ذَكَرَ الشَّافِعِيُّ هَذَا عَنْهُ، وَذَكَرَ مَا فِيهِ مِنَ الْخِلَافِ، وَإِجْمَاعِ النَّاسِ عَلَى تَرَكِ الْقَوْلِ بِهِ

14)  

Imam ibn Taymiyyah rahimahullah quoting about Imamuna Ahmad ibn Hanbal rahimahullah said : 

وهذا يدل على توقفه عن الأخذ به؛ لأن ظاهر الحديث خلاف الإِجماع.

And he (Ahmad) refrained from taking this hadeeth as apparently it opposed/contradicted the Ijma`  

[Ref: Sharh Umdatul Fiqh li-Ibn Taymiyyah, under Kitaab as-siyaam 2/453] 

He also quoted the later sects that arouse in the Ummah and implied that ijmaa` of even their time is taken as Hujjah  

الإجماع وهو متفق عليه بين عامة المسلمين من الفقهاء والصوفية وأهل الحديث والكلام وغيرهم في الجملة وأنكره بعض أهل البدع من المعتزلة والشيعة 

Ijma` is agreed upon among the common Muslims and upon the scholars of the Soofiyyah, Ahl al-Hadeeth, Ahlul-Kalaam and other then them. But the one's to reject the validity of Ijmaa` are the deviants such as Mu`tazili and Shi`i  

[Ref: Majmoo` al-Fatawa 11/187]

15) 

Ibn Hajar `asqalani rahimahullah writes about the Ijmaa` of any era saying : 

وَبِأَنَّ الْإِجْمَاعَ مَعْصُومٌ مِنَ الْخَطَأِ 

And Ijmaa` (of scholars) is infallible from mistakes  

[Ref: Fath ul-Bari 13/174] 

Imam ibn hajar also said : 

  ..... and the ittefaq (agreement) of the muhadditheen on something is a hujjah. " 

[Ref: Tahdheeb at-tahdheeb 9/450 . This quote is actually taken from Ibn Abi Hatim's Al-Maraseel page 192 so this shows that even the earlier generations considered the ittefaq of the scholars on something to be a Hujjah. This is also the case with the linguists when all the linguists agree upon something from the language then this becomes a Hujjah and anyone opposing them would be criticised.]

So much so that when a particular `aalim does break away from the Ijmaa` then Imam Ahmad said : 

for a single scholar to leave ijma` constitutes shudhudh (dissent and deviation)  

[Ref: Rawdat al-nazir 2:143]

16) 

Shamsuddin Ibn Mufli al-Maqdisi rahimahullah says

Ijmaa` is a Qati` evidence (i.e an absolute unchallengable evidence) and we have texts from Imam ahmad on this and also among the other Aimmah and Mutakallimeen . the only ones to have rejected this are the Murji`, the Mu`tazili , Khawarij and Rawafidh  

[Ref: Usool al-Fiqh, Volume 1/371] 

17) 

One of the Khulafah Rashideen -  `Umar ibn `Abdil-Azeez rahimahullah during his khilafat openly sent commands to different regions saying : 

Every qoum (people) should execute (decisions) based on what their Fuqaha have agreed upon (Ijmaa`)  

[Ref: Sunan Darimi bitahkeeq Hussain Saleem Asad , 1/489; Hadeeth 654] 

18) 

As i mentioned above scholars of 14 centuries have been using Ijmaa` of their era and other eras after the 1st three to deduce mas`ala. So much so that Imam Malik based one of his school's principle to make the `amal of Madeenah a Hujjah and Ibn Taymiyyah said n dhanni evidence issue, the `amal of Madeenah i.e the Ijmaa` of the madinian scholars is a hujjah and even wrote a book on this Issue. Imam Malik rahimahullah in his Muwatta repeatedly quotes Ijmaa` , some of those references where he has cited the Ijmaa` of his time and used it as a sunnah and as hujjah are as follows :

Book 38, Hadith 1467
Book 43, Hadith 1572
Book 36, Hadith 1445
Book 36, Hadith 1413
Book 41, Hadith 1539
Book 43, Hadith 1556
Book 37, Hadith 1460
Book 31, Hadith 1381
Book 31, Hadith 1312
Book 27, Hadith 1090
Book 43, Hadith 1570
Book 31, Hadith 1296
Book 17, Hadith 612

and many more

He also specified that the Ijmaa` was of the Ahl al-`Ilm of his land and his time by saying :

الأمر الَّذي أدركتُ عليه أهل العلم ببلدنا"

19) 

Ibn Hibban says that Ijmaa` is also binding or obligatory to be followed

انعقد الإجماع على مشروعية الجرح والتعديل، إذ هو نصح للأمة، بل وعلى وجوبه إذا اقتضت الضرورة

[Ref: مقدمة مجروحي ابن حبان، 20/21، منهج النقد في علوم الحديث، ص84.]

Ibn Hibbaan (d.354H) - rahimahullaah - said "The order to cling to the Jamaa'ah is a general one, but what is meant is something very specific. Since the Jamaa'ah is the ijmaa' of the Companions of Allaah's Messenger sallallaahu 'alayhi wa sallam. So whosoever clings to what they were upon, persisting in this, and is at variance with what the late-coming opposers are upon, then such a person is not considered to be of those who separates from the Jamaa'ah. However, he who keeps away from that which the Companions were upon and follows the late-coming opposers, then such a person has split from the Jamaa'ah. And the Jamaa'ah after the companions are those who combine religion, intellect and knowledge; those who avoid innovations and false desires in their affairs, even if their numbers are few. The Jamaa'ah is not the rabble from the people, even if they are many in number."

[Ref:  Saheeh ibn Hibban (8/44)] 

20) 

Imam al-Hafidh Bishr ibn harith ibn `Abdur rahman ibn `Ata al-Marwazi al-Baghdadi (d. 227 AH) said including the ijmaa` of his time :

"And the people of knowledge (scholars) are agreed upon that the lesser count or provision of money on the day of Qiyamah will be fruitful "

[Ref: Kitab az-Zuhd al-Kabir lil Bayhaqi Page 143, Number 286, with a saheeh chain] 


21) 

Imam Muslim ibn Hajjaj rahimahullah in his Muqaddamah to Saheeh Muslim refuting someone using the agreed upon opinion of the ulema says :

- فِي الطَّعْنِ فِي الأَسَانِيدِ قَوْلٌ مُخْتَرَعٌ مُسْتَحْدَثٌ غَيْرُ مَسْبُوقٍ صَاحِبُهُ إِلَيْهِ وَلاَ مُسَاعِدَ لَهُ مِنْ أَهْلِ الْعِلْمِ عَلَيْهِ وَذَلِكَ أَنَّ الْقَوْلَ الشَّائِعَ الْمُتَّفَقَ عَلَيْهِ بَيْنَ أَهْلِ الْعِلْمِ بِالأَخْبَارِ وَالرِّوَايَاتِ 

This statement, may Allah have mercy on you, of accusation regarding the [Mu’an’an] chains is an invented one, produced without precedent, and there is no one who supports him from Ahl ul-Ilm in that. The widespread opinion, which is agreed upon between Ahl ul-Ilm...........

Elsewhere he says :

فَأَمَّا مَا كَانَ مِنْهَا عَنْ قَوْمٍ هُمْ عِنْدَ أَهْلِ الْحَدِيثِ مُتَّهَمُونَ أَوْ عِنْدَ الأَكْثَرِ مِنْهُمْ فَلَسْنَا نَتَشَاغَلُ بِتَخْرِيجِ حَدِيثِهِمْ كَعَبْدِ اللَّهِ بْنِ...... 

As for anything of that wherein the people were charged [with some criticism as agreed upon] by the people of Ḥadeeth, or by the majority of [the people of Ḥadīth], then we did not preoccupy ourselves ..... 

He also said under  Kitaab as-salaat, that he based his entire book upon Ijmaa` of the LATTER generation as well 

لَيْسَ كُلُّ شَىْءٍ عِنْدِي صَحِيحٍ وَضَعْتُهُ هَا هُنَا ‏.‏ إِنَّمَا وَضَعْتُ هَا هُنَا مَا أَجْمَعُوا عَلَيْهِ ‏.‏ 

I have not included every hadeeth which i deem to be saheeh ; rather i have recorded only that upon which there is an Ijmaa` of Muhadditheen (apart from also being authentic)  

22) 

Imam Abu Haatim ar-razi in Al-Maraseel on Page 196 says :

....Except that the Ahl al-hadeeth (Muhadditheen) have agreed upon this matter and the agreement (Ijmaa`) of the Ahl al-hadeeth is a Hujjah (in every era) 

[Ref: Al-Maraseel on Page 196] 

Also Imam ibn Abi Haatim rahimahullah quotes many many scholars in his Jarh wa Ta`deel book who quote Ijmaa` OF THEIR ERA  again and again such as :

Imam Abu Hafs `Amro ibn `Ali rahimahullah (d. 249 AH) says about a raawi :

And the people of knowledge are agreed upon to abandon this narrator 

[Ref: Jarh wa Ta`deel li-Ibn abi Hatim, raawi number 295] 

Imagine what will happen if in matters of Fiqh and Hadeeth we don't accept any Ijmaa` after the sahaaba? Subhanallah ! When Ishaaq ibn Rahawy rahimahullah said :

...and the ahl al-`ilm (of our time) are agreed upon that anything that resembles talaaq is (also considered to be ) talaaq as has preceded about the niyat (intention) of talaaq....

[Ref: Masail Ahmad wa-Ishaaq riwayat Ishaaq ibn Mansoor 1/498] 

For example near Ahl al-hadeeth all riwayat to pay zaka`t in one year's time are weak but Ibn Mundhir quotes an Ijmaa` of people of the latter era as well in his Kitaab al-Ijmaa` that it s agreed upon that zakat becomes fardh after completion of one year....

Also there is an Ijmaa` that anyone who doesn't recite the du`a istafta (subhanakallahumma wa bi hamdika wa ta baarak....) his prayer remains valid



23) 

Imam Abu Ahmad `Abdullah ibn `Adi al-jarjani rahimahullah (D 365 AH) said about a raawi :

The `Ulema are agreed upon that he fabricates hadeeth  

[Ref: al-Kaamil fi-Dhu`fa ar-rijaal 3/1100; As the name suggests you will find no less than hundreds of ijmaa` by different `ulema of different era ] 

24) 

Imam al-Bayhaqi quoting an Ijmaa` says :

and we have ruled in accordance to the Ijmaa` that gold is permissible for the women and all the narrations (ahadeeth) prohibiting it have been abrogated (as per ijmaa`) 

[Ref: Sunan al-Kubraa lil-Bayhaqi 4/147; and this is why we reject the fatwa of shaykh albaani prohibiting gold for women or gold bangles from what i remember (may allah forgive me if i errd) because it opposes an established Ijmaa`] 

25) 

Imam Abu Ishaaq al-Harbi (D. 285 AH) said commenting on the verse of Qur`an

﴿يَوْمَ يَرَوْنَ الْمَلَـئِكَةَ لاَ بُشْرَى يَوْمَئِذٍ لِّلْمُجْرِمِينَ وَيَقُولُونَ حِجْراً مَّحْجُوراً ﴾

Here the words "Hijran Mahjura" means "Haraaman Muharraman" and said after saying this : 

there is an Ijmaa` upon the tafseer of this but ikhtilaaf in his recitation  

[Ref: Ghareeb al-Hadeeth 1/233] 

26) 

Shaikh al-Fawzaan hafidhahullah said: Absolute denial of al-Ijmaa` tantamount to Kufr and apostasy from Islaam. Absolute denial of al-Ijmaa` - that the person says that there is no consensus at all – then he is a Kaafir. As for the one who denies some aspects of al-Ijmaa`, then this is debatable, and his words should be analyzed; is he correct or is he incorrect?

This is because there are issues where it is claimed that there is Ijmaa` regarding them, but (in reality) no consensus is reached in these regards. But as for the one who absolutely denies the consensus and says that they are not proof, then he is a Kaafir. He is a Kaafir in Allaah عز وجل, because al-Ijmaa` is there, and all praise be to Allaah. The scholars have consensus regarding `Aqeedah (Creed), they have consensus regarding Tawheed of Allaah عز وجل, and they have consensus regarding the prohibition of Ribaa (Usury and interest), and they have consensus regarding the impermissibility of Zinaa (adultery and fornication), and they have consensus regarding the issues of Deen which are known due to necessity. The one who absolutely rejects the consensus is a Kaafir. As for the one who rejects some aspects of it, then there might be a reason, so he is to be looked at and examined.


[Ref: http://www.alfawzan.af.org.sa/node/2387]

27) 

Ijmaa` of `Ulema can and has existed on a variety of issues. From political to border related to city's name and so on. Even the Ijmaa` on earth being some what spherical in shape . Ibn Taymiyyah quotes some giants from the companion of Imam Ahmad and others in Ijmaa` on this below :

- ابن تيمية

ينقل إجماع علماء الإسلام على مر العصور على كروية الأرض و السماء
كما جاء مجموع الفتاوى، 6 / 587 فما بعدها 

سُئِلَ: - عَنْ رَجُلَيْنِ تَنَازَعَا فِي " كَيْفِيَّةِ السَّمَاءِ وَالأَرْضِ " هَلْ هُمَا " جِسْمَانِ كُرِّيَّانِ " ؟ فَقَالَ أَحَدُهُمَا كُرِّيَّانِ ; وَأَنْكَرَ الآخَرُ هَذِهِ الْمَقَالَةَ وَقَالَ: لَيْسَ لَهَا أَصْلٌ وَرَدَّهَا فَمَا الصَّوَابُ ؟فَأَجَابَ:

(( السَّمَاوَاتُ مُسْتَدِيرَةٌ عِنْدَ عُلَمَاءِ الْمُسْلِمِينَ وَقَدْ حَكَى إجْمَاعَ الْمُسْلِمِينَ عَلَى ذَلِكَ غَيْرُ وَاحِدٍ مِنْ الْعُلَمَاءِ أَئِمَّةِ الإِسْلامِ.

مِثْلُ: أَبِي الْحُسَيْنِ أَحْمَد بْنِ جَعْفَرِ بْنِ الْمُنَادِي أَحَدِ الأَعْيَانِ الْكِبَارِ مِنْ الطَّبَقَةِ الثَّانِيَةِ مِنْ أَصْحَابِ الإِمَامِ أَحْمَد وَلَهُ نَحْوُ أَرْبَعِمِائَةِ مُصَنَّفٍ.

وَحَكَى الإِجْمَاعَ عَلَى ذَلِكَ الإِمَامُ أَبُو مُحَمَّدٍ بْنُ حَزْمٍ وَأَبُو الْفَرَجِ بْنُ الْجَوْزِيِّ وَرَوَى الْعُلَمَاءُ ذَلِكَ بِالأَسَانِيدِ الْمَعْرُوفَةِ عَنْ الصَّحَابَةِ وَالتَّابِعِينَ وَذَكَرُوا ذَلِكَ مِنْ كِتَابِ اللَّهِ وَسُنَّةِ رَسُولِهِ وَبَسَطُوا الْقَوْلَ فِي ذَلِكَ بِالدَّلائِلِ السَّمْعِيَّةِ. 

وَإِنْ كَانَ قَدْ أُقِيمَ عَلَى ذَلِكَ أَيْضًا دَلائِلُ حِسَابِيَّةٌ.

28) Qawwamus-sunan Imam Abul-Qasim, Isma`eel ibn Muhammad asbahani (D. 535 A.H) said : 

Ahlus sunnah wal-Jama`ah does not abstain or reject Kitaab or sunnah or the Ijmaa` of the salafus saliheen and neither delve into fitnah by adhering to ambigious and false interpretation rather we follow the sahaaba and taba`een and whatever the Muslim Ummah agrees upon (ijmaa) later on in their speech and action. And whatever the late comers have differed upon - if their views are not substantiated by Kitaab was-sunnah and neither by the Ijmaa` of the Muslims (of their or other former eras) then that is an innovation 

[Ref: Al-Hujjat fil-Bayan 2/410] 

I have translated the aqeedah from his book here : 


29) 

Ibn Qudaamah said: “Loss of consciousness due to insanity, fainting, intoxication and medicines that cause loss of consciousness invalidates wudu’ whether the duration is brief or long, according to scholarly consensus. 

Ibn al-Mundhir said: the scholars are unanimously agreed that one who has fainted must do wudu’. The loss of consciousness in these cases is greater than that of one who goes to sleep, because they do not respond to any stimuli. The fact that wudu’ is required of one who sleeps indicates that it is also required in cases that are more severe.

[Ref: al-Mughni (1/234) ] 

Imam ibn Mundhir also quotes the Ijmaa` of the ahlul `ilm of his era saying "wa qad ajma`a `awwamu ahlil-`Ilm `ala allazi yajibu `ala mal-la khuffa `alayhi ghaslul-qadamayn ilal-Ka`bayn...." 

the awaam of the people of knowledge have agreed upon the obligation of one without khaff (socks) washing his feet upto ankle 

[Ref: al-awsat fi sunan wal-Ijmaa` wal-Ikhtilaaf 1/413] 

30) Imam shamsuddeen Dhahabi (d. 748 A.H) said : 


لا ندَّعي العِصمةَ في أَئِمَّةِ الجرحِ والتعديلِ, لكنْ هم أَكثرُ الناسِ صواباً, وأَندرُهم خطأً, وأَشدُّهم إِنصافاً, وأَبعدُهم عن التحاملِ, وإِذا اتفقوا على تعديلٍ أَو جَرحٍ فتمسَّكْ به, واعُضُضْ عليه بناجِذَيْك, ولا تتجاوَزْه فتَنْدَمْ, ومَنْ شذَّ منهم فلا عبرةَ به, فَخَلِّ عنك العَناءَ, وأَعطِ القوسَ باريها, فَوَالله لولا الحُفَّاظُ الأَكابرُ لَخَطبَتِ الزنادقةُ على المنابرِ.

‘We do not claim infallibility for the Imams of Jarh wa Ta’deel  (praising and criticising narrators) however they are the most correct from among the people, the rarest in making mistakes, the most intense in being just, the furthest from being prejudice. If they agree upon a Jarh or a Ta’adeel then you should adhere to it and bite on to it with your molar teeth and do not overstep it so that you become regretful, there is no consideration for the one who deviates from them,  so do not put yourself through distress and toil give the work to those skilled for it. I swear by Allaah if it was not for the great senior scholars the Zanadiqa would have lectured from the mimber.’

[Taken from ‘Siyaar ‘Alaam an-Nubala’ by Imam ad-Dhahabi , translated by abbas Abu yahya  ]

31) 

Imam Hakm ibn `Utaybah taba`ee said once pointing out towards the tawatur af`al of the muslimeen 

"Madatis-sunnatu mir-rasoolillahi sallalahu `alayhi wa sallam wal-Muslimeena ; Ya`ni bi-ghaslil-Qadamayn " 

To wash the feet is the sunnah of the Messenger of Allah sallalahu `alayhi wa sallam as well as the muslimeen 

[Ref: Musannaf ibn abi shaibah (1/18-19) bi sanad hasan] 


32) 

Yahyaa ibn Sa'eed [al-Qattaan] narrated to us from Humayd from Anas ibn Maalik (radhiallahu `anhu) who said,

"A funeral procession passed by the Prophet (sallalahu `alayhi wa sallam) and [people] praised the deceased and kept praising him so much so that the Prophet (sallalahu `alayhi wa sallam) said, 'It has been affirmed [Paradise – three times].' Then another funeral procession passed by and they talked badly of the deceased and kept saying bad things about him so much so that the Prophet (sallalahu `alayhi wa sallam) said, 'It has been affirmed [Hellfire - thrice]'. Then he [turned to his companions and] said, 'You [the righteous believers] are Allah's witnesses on earth. "'


[Ref: Musnad Ahmad 3/179; saheeh. Also in Bukhari via Anas ibn Malik as well in Kitaab al-Janaiz] 

This hadeeth is an evidence of ijmaa`. No one among that time ever spoke otherwise regarding the man who was good. Everyone agreed and we don't have any reports opposing this. To the extent that the prophet sallalahu `alayhi wa sallam declared the Ijmaa` of his companions or the people of that city /town as a witness of allah on earth. Likewise is the case with the Imams of Jarh wa ta`deel wherein imam Abu Hatim ar-razi rahimahullah said in Kitab al-Maraseel (page 192) : 

"wattafaq ahl al-hadeeth `ala shay yakoon hujjah" 

And when the ahl al-hadeeth agree (ittefaq) upon something then it is a proof (hujjah)

[Ref: Muhaddith al-Haafidh Zubair `Ali zaee wrote words to this effect under this same hadeeth in  Al-Hadeeth majallah Hazro Shumara number 129 ta 132, Page no. 23] 

SOME OBJECTIONS 

Objection # 1.

 Ibn taymiyyah said the afdhal or the best of ijmaa` are of the first three generations. 

Answer : If someone says that the ijmaa` of the first three generations is the best then we agree. But just because the current scholars aren't equal to the mud of the salaf, doesn't mean that if the current scholars all of them agree upon say such and such juice being halal, we reject it merely because they are not as pious or good as the salaf? this is ignorance. If ijma` is established then we follow no matter which era it takes place in. 

Likewise if today the muslimeen agree to choose one leader, then would we reject that imam saying your ijmaa` isn't as good as the ijmaa` of the first three generation?

This is belying the Prophet himself as he testified that his Ummah will not gather upon misguidance and the Ummah of Muhammad sallalahu `alayhi wa sallam will remain until qiyamah and not merely first 3 generations 


Objection # 2. 

Imam Ahmad (rahimahullah) said : 

Whoever claims of an Ijmaa` he has lied for perhaps the people may have differed and he wasn't aware of it. 

[Ref: al-Muhalla ibn Hazam 10/422] 



Answer : 

Reminds me of the quote of `Ali radhiallahu `anhu to the khawarij : " A word of truth but used for a wrong purpose" Meaning a statement shown or used is true but it is interpreted in a false way.

This quote is explained by every scholar to mean something else than what many people assume it to be.

Ibn al-Qayyim clarified what Imam was saying. He intended to say about those who after hearing the difference yet claimed consensus and this was the practise of the Mubtadin back then.

"If someone does not acknowledge disagreement between imitators when there is evidence for it in the Book and Sunna and says, 'This is contrary to the consensus,' this is the one whom Imams of Islam repudiate and censure from every aspect. They refute the one who claims that. Ibn Hanbal said, 'Whoever claims consensus is a liar. Perhaps people disagreed. This was the claim of Bishr al-Marisi and al-Asamm, but he says, "We do not know whether people disagreed or that has not reached us."' He said, 'How can it be permitted for a man to say, "They agreed" when I heard them say they agreed and I suspected them? If only he had said, "I do not know of any who opposes."' He said, 'This is a lie. I do not know that the people agreed. It is better to say, "I do not know of any disagreement about it" than to say, "The consensus of the people." Perhaps the people disagreed.'"

[Ref: `Ilam al-Muwaqqeen Vol. 2 Page 179] 

Shaykh Zubayr `Alee zai rahimahullah replied to this by quoting Mawlana `Ataullah Hanfi saying : 

The jama`t of Ahl al-hadeeth accepts the existence of saheeh Ijmaa`and takes it as a Hujjah. What Imam Ahmad said is in regards to the Ahl al-bid`ah who used to claim Ijmaa` for their bid`ah (even when they knew that there isn't any Ijmaa` on it) despite it (their clams of ijmaa`) opposing saheeh sareeh nusoos (texts) . Ibn Taymiyyah and Ibn al-Qayyim have explained this in their works . 

[Ref: Hashiya Fatawa `Ulema-e-Hadeeth Jild  12, page 79, Also see Sh Zubayr's magazine al-Hadees shumara 61 page 40] 

al-Qadi Abu Ya`la said that while on the outward this indicates that Imam Ahmad did not consider ijma` to be sound, that he said it to instill fear of Allah into those without knowledge Ibn `Aqil said that Imam Ahmad said this out of [general] extreme piety [war`] because someone who claims ijma` may not be aware of a difference of opinion - and in any case: Imam Ahmad did in fact make claims of ijma` 

[Ref: See Yusuf ibn `Abd al-Hadi [aka: Ibn al-Mubrid] al-Hanbali [d 909 AH]; Ghayat al-Sul Ila `Ilm al-Usul_. p246. The source for the reports include Abu Ya`la's Al-`Uddah 4/1060]

In fact Imam Ahmad himself believed in Ijmaa`

Imam Ahmad (rahimahullah) explaining the hadeeth of "dying of jahiliyyah (he who doesn't pledge to the Imam)" says :

"Do you know who is referred to as an Imaam here (in this hadeeth)?;  It means that the Ummate Muslimeen reaches a consensus (Ijmaa`) upon one man as their khalifah such that every Muslim says he is the Imaam then this is what the Imaam means. "

[Ref:  Suwalat ibn Hanbi number 2011- The Questions of Ibn Hani Ishaq ibn Ibrahim (D. 275 AH) to Ahmad bin Hanbal] 

See more ijmaa examples from ahmad : 

http://www.ahlalhdeeth.com/vb/showthread.php?t=79888

Conclusion 

1. Never ever give your `aql and understanding or even the odd opinion of some `ulema preference over the salafus saliheen. See warning for self interpretation of Qur`an and hadeeth : http://the-finalrevelation.blogspot.com/2014/02/warning-from-self-interpretation-of.html

Always remember Imam ash-Sha`fee says : "Their opinion for us is better than our opinion to ourselves.

This is the meaning of Imam Ahmad's frequent warning in his answers: "Beware of speaking on a matter regarding which you don't stand on an imam (as your precedent)":

iyyaka an tatakallama fi mas'alatin laysa laka fiha

imam Albani says: "This is a frequent saying of Imam Ahmad: see our editions of his responses to various questions, such as Masa'il `Abd Allah ibn Ahmad, Masa'il Ibn Hani' al-Nisaburi, and Masa'il al-Kharqi."

Another saying of his under al-Ma'mun's Inquisition was: "How can I say what was never said before?" (kayfa aqulu ma lam yuqal), cited by Ibn Taymiyya in his Majmu` al-fatawa (19:320-341). See Albani's edition of San`ani's Raf` al-astar li ibtali adillat al-qa'ilina bi fana'i al-nar (Beirut & Damascus: al-maktab al-islami, 1405/1984), p. 41.

2. There are too many names, quotes and books to type or even remember . I haven't studied many of them and those who deny Ijmaa` haven't studied even one of them . For if they did they wouldn't INVENT own principles of tafreeq (difference between the validity of ijma of former and latter generation) or to deny ijmaa` after the sahaaba .

3. Ijmaa` of every generation , if established , then it becomes a Hujjah and purposely denying Ijmaa` leads to Kufr