Ijtihad Against Nass
Ijtihad against nass (explicit text) refers to prioritizing a jurist's personal opinion over the clear statements of the Quran or the Infallibles (a). According to Shia jurists and most Sunni scholars, such ijtihad is considered an innovation (bid'a). However, some Companions (Sahaba) and certain Sunni jurists have favored their own opinions over explicit scriptural texts. For instance, 'Umar b. al-Khattab, through ijtihad against explicit text, declared temporary marriage (mut'a) and the mut'a of Hajj to be prohibited. Sayyid 'Abd al-Husayn Sharaf al-Din (d. 1377 AH/1957) in his book al-Nass wa-l-ijtihad documented one hundred instances of ijtihad against explicit texts by caliphs, rulers, and some of their associates during and after the time of the Prophet (s).
Definition and Significance
Ijtihad against explicit text (nass) is defined as a jurist prioritizing his own personal conjecture or opinion over the clear command of God, the Prophet (s), or other Infallibles (a). "Nass" refers to a clear, authoritative statement that has only one unambiguous meaning.
Shia scholars oppose ijtihad in contradiction to explicit text (nass). Nasir Makarim Shirazi argues that the spread of such ijtihad would lead to the erosion of the sanctity of all religious rulings. Mirza Habibullah Khoei considers opposition to nass as an innovation (bid'a). According to Jawad al-Shahrastani in the introduction to Wasa'il al-Shi'a, jurists who engage in ijtihad against nass effectively portray the Prophet (s) as a jurist like themselves, whose ijtihad is susceptible to error. Sayyid Muhammad Hussayn Tihrani identifies the Shia's adherence to nass and the Sunni transgression of it as the fundamental cause of disputes between Shia and Sunni.
Rejection of Ijtihad Against Nass by the Majority of Jurists
Shia and Sunni jurists consider ijtihad in opposition to definitive evidence to be invalid. Some Companions and their successors (Tabi'un) never issued juristic opinions contrary to nass. According to Ibn Qayyim al-Jawziyya, a Sunni scholar, Ahmad b. Hanbal issued rulings based strictly on nass and did not accept opinions contradicting it, even from the caliphs.
Nevertheless, some Sunni jurists occasionally prioritized their ijtihad over explicit text. Makarim Shirazi cites one of them stating that in matters of politics and transactions, if a nass conflicts with public interest (maslaha) and reconciliation between them is impossible, the public interest may take precedence over the nass. However, most Sunni jurists have opposed this view.
Reasons for Opposition to Ijtihad Against Nass
Opponents of ijtihad against explicit text, in addition to reasoning based on intellect, have cited verses from the Quran and hadiths from both Shia and Sunni sources as evidence.
- Ja'far Subhani, a Shia authority, citing the Quran 49:1 and the necessity of submission to the commands of God and His Messenger (s), considers ijtihad against explicit text as an act of preempting and prioritizing over them.
- Nasir Makarim Shirazi, in his interpretation of Quran 4:65, considers it to prohibit any form of ijtihad or expression of opinion contrary to the explicit text (nass) of the rulings of God and His Messenger (s).
- Based on Quran 33:36, believers have no right to oppose the will of God and His Messenger (s), and any opinion or ijtihad contrary to them is forbidden.
- According to a hadith cited in Sunni sources, a man from the Thaqif tribe asked the second caliph, 'Umar, about a matter concerning Hajj. Umar provided an answer, but the man responded, "I asked the Prophet (s) about this matter, and he gave a different answer." 'Umar became upset, and said, "Why do you ask me about something on which the Prophet (s) has already given his opinion?"
Examples of Sahaba's Ijtihad Against Nass
Despite the opposition of Shia and Sunni jurists to ijtihad against explicit text, there are reported instances where some Companions of the Prophet (s) (Sahaba) issued rulings directly opposing nass. According to Shia scholars, the second caliph, 'Umar, was among the first to engage in ijtihad against the explicit texts of the Quran and the Prophet (s). It is said that his earliest instances of such ijtihad occurred in the well-known cases of temporary marriage (mut'a) and the mut'a of Hajj, which he declared forbidden on his own authority.
Sharaf al-Din al-'Amili, in his book al-Nass wa-l-ijtihad, documents several instances of ijtihad against nass. In the seven chapters of this book, he lists one hundred cases of such ijtihad by caliphs, rulers, and some of their associates during or after the time of the Prophet (s). Some of these cases include:
- Opposition to the commandership of Zayd b. Haritha
- Incompliance with the command to join Usama's army
- Murder of Malik b. Nuwayra at the command of Khalid b. Walid
- Preventing the Prophet (s) from writing his will during the event of pen and paper (al-dawat wa-l-qirtas)
- Objecting to al-Hudaybiyya Peace Treaty
- Objecting to the Prophet's (s) word that worshipers of God go to Paradise
- Prohibiting Hajj al-Tamattu'
- Prohibiting temporary marriage (mut'a)
- Innovation in the adhan of the Morning Prayer
- Innovation in adhan and iqama
- Omitting the prayer when there is no water
- Displacing the Station of Abraham (Maqam Ibrahim (a))
- Prohibition of crying for the dead
- Wine and its forbiddance
- Performing full prayer during trips
- Khalid's massacre of the Bani Jadhima tribe
It is noteworthy that Sunni jurists have defended these cases of ijtihad against nass.