Advanced search
Visit
7302
Last Updated: 2011/01/15
Summary of question
How should one go about identifying the most learned Mujtahid, if the testimonies of the witnesses contradict each other?
question
"When two persons, who are learned and just and possess the capacity to identify a Mujtahid or the A'lam, confirm that a person is a Mujtahid or an A'lam, provided that two other learned and just persons do not contradict them." There are different jurists who have published Manuals of Islamic Laws (Tauzihul Masail) and there are always some just people who confirm that these jurists are the most learned of all. Thus, it implies that there are two witnesses whose testimony contradicts the testimony of two other people on the knowledgeability of a certain Mujtahid. What is the solution?
Concise answer

All grand jurists have said in their edicts that there are three ways of identifying a Mujtahid, and the A'alam:

First: when a person is certain that a particular person is a Mujtahid, or the most learned one. For this, he should be a learned person himself, and should possess the capacity to identify a Mujtahid or an A'alam. Second: when two persons, who are learned and just and possess the capacity to identify a Mujtahid or the A'alam, confirm that a person is a Mujtahid or an A'lam, provided that two other learned and just persons do not contradict them. Third: when a number of learned persons who possess the capacity to identify a Mujtahid or an A'lam, certify that a particular person is a Mujtahid or an A'lam, provided that one is satisfied by their statement. [1]

Therefore, in such a situation (where the testimony of two just and learned witnesses contradicts the testimony of two other just and learned individuals), one should use the other two ways to identify the most learned Mujtahid.

It is necessary to note that the key point in reaching the truth and finding the most learned of jurists is to make sure that the witnesses are just and that their testimony is based on knowledge and honesty not on egoistic and personal desires or group-based tendencies. Keeping this in view, it will be easier to identify the most learned Mujtahid. If one is unable to identify the most learned Mujtahid through one way, there will be no problem as he can use the other two ways to identify him.



[1] - Tauzihul Masail (with connotation), Imam Khomeini, vol.1, pg.15, issue No.3

Question translations in other languages
Comments
Number of comments 0
Please enter the value
Example : Yourname@YourDomane.ext
Please enter the value
Please enter the value

Thematic Category

Random questions

  • Is lobster, clam, oyster and octopus halal?
    110783 Laws and Jurisprudence 2012/02/18
    Eating lobster, clam, oyster and octopus is haram. According to religious resources regarding halal and haram meat, there are general rulings and numerous standards; for instance, a set of rulings has been given for land animals, sea creatures, birds and so on.The condition for halal meat sea ...
  • Is ‘Apprehension’ a quality that can be attributed to God?
    6722 Traditional 2012/04/17
    Taking into consideration the verse “لا تُدْرِكُهُ الْأَبْصارُ وَ هُوَ يُدْرِكُ الْأَبْصارَ وَ هُوَ اللَّطيفُ الْخَبيرُ”[1], Mudrik (being apprehensive) is one of God’s names.[2] In the Quran and traditions, this attribute (Mudrik)[3] has been mentioned explicitly, thus ...
  • Please explain the concept of infallibility. Is it possible for anyone besides the infallible imams (as) to be infallible?
    11727 Traditional 2009/06/22
    In a theological dictionary, one the possesses infallibility would be defined as an infallible. An infallible is one who, by the grace of God, is free from all forms of mistake and error, and does not commit even the smallest of sins. However, one who is infallible isn't ...
  • What are the ways through which one may get rid of lusts?
    8337 Practical 2011/08/04
    Sins are like an ill-smelling putrid bog. The deeper a person gets into it the less he feels its disgusting smell because his smelling taste ceases to function. However, a person's firm decision to discontinue this path is by itself a victory. One who has achieved victory ...
  • How do we return to nothingness?
    8112 Contextual study 2009/09/23
    This question doesn’t have a brief answer. Please click on the detailed answer. ...
  • What is meant by the Makr of Allah that has been mentioned in the Quran?
    22017 Exegesis 2011/04/20
    “Makr” means to devise for good or evil and this is why it is described by the word “السَّیئ” (bad/evil) in the Quran.Allah’s Makr: The many verses that attribute “Makr” to Allah refer to his supreme direction and regulation of matters.  Since he is the ...
  • Is it permissible to open and close tap several times during Wudhu so as not to waste water?
    8929 Laws and Jurisprudence 2012/09/22
    Office of Grand Ayatollah Khamenei (may Allah grant him long life): There is no problem in it. Generally speaking, there is no objection in opening and closing tap before washing the left hand completely. However, if one touches a wet thing (such as a wet ...
  • What is Nafaqah?
    13509 Laws and Jurisprudence 2012/04/19
    ‘Nafaqah’ is a jurisprudential term used for women, kin (relatives) and property. It is predominantly used for women/wives and denotes the financial support that is obligatory upon men (when certain conditions are met) to provide for their spouses.[1] The Nafaqah usually covers the wife’s ...
  • Are there any guidelines in the Islamic sources about fashion and clothing?
    9366 Practical 2012/07/15
    Although Islam lays great emphasis on spiritual modesty of human beings (clothing of piety), the outward clothing is also a bounty which God, the Exalted, has bestowed exclusively upon human beings out of various beings. For this reason, Islam attaches significant importance to it and it deals ...
  • How should one, who has masturbated, repent? What are the ways through which one can make up for the physical and spiritual harms of masturbation?
    53807 Laws and Jurisprudence 2011/08/10
    Sins are like an ill-smelling putrid bog. The deeper a person goes into it the less he feels its disgusting smell because his smelling taste ceases to function properly. However, a person's firm decision to discontinue lusting is by itself a victory.Masturbation has been considered to be one of ...

Popular