Q&A: The Wrong Judgment in “Khilaf Al Awla”

Question:

As-Salaam Alaikum

Is the Prophet’s ﷺ wrongful judgment over what constitutes priorities in small matters (Khilaf Al Awla) considered as Ijtihad or is it another matter? Please clarify this.

May Allah bless you and guide you in the straight path granting you victory.

From Numan Abo Ali

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Answer:

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

You may be referring to what is mentioned in the book al-Shakhsiyya al-Islamiyya Vol.1.  that ‘It is not proper to describe the Messenger ﷺ as a Mujtahid but it is allowed for him to make a wrongful judgment over what constitutes priorities in small matters (khilaf  Al Awla)’, and this is what prompted you to ask about the difference between Ijtihad and Khilaf Al Awla.

To answer this, it is vital to know the reality of Ijtihad and the reality of Khilaf Al Awla.

First:

Linguistically, ijtihad it means “exerting utmost effort” (istifragh al-wus`i) to realise and obtain something leading to inconvenience (kulfah) and hardship (mashaqqa).

Technically (among Usul scholars), it means: expending one’s utmost effort in seeking the opinion in something related to the Islamic rulings (al-ahkam al-shar`iyyah) such that one feels unable to exert any further

This means that the Islamic ruling (Hukum Shar’i) of a matter is not known to the Mujtahid, he must perform Ijtihad to find the Islamic ruling on the matter, so he exerts effort to understand the reality of the issue and search for the relevant Shariah evidences to it, and exerts utmost effort to study them and he adopts the opinion that has the least amount of doubt as the Hukum Shar’i on the issue.

According to this understanding of Ijtihad, it is therefore improper to describe the Prophet ﷺ as a Mujtahid. This is because the verses explain clearly that all what is conveyed by the Prophet ﷺ is Divine Revelation (Wahi):

قُلْ إِنَّمَا أُنْذِرُكُمْ بِالْوَحْيِ

“Say, “I only warn you by revelation.” But the deaf do not hear the call when they are warned”

(Al-Anbiya: 45)

إنْ أَتَّبِعُ إِلَّا مَا يُوحَى إِلَيَّ

“I only follow that which is revealed to me”

(Al-Ahqaf: 9)

وَمَا يَنْطِقُ عَنِ الْهَوَى