Muhammad Mavani asked 11 months ago

Salāmun ‘Alaykum

Sayyid Sistani says that a muqallid of Sayyid Khoei should remain on his taqlid, even after he has passed away.

Sayyid Khoei has a fatwa that says a muqallid should remain on the deceased marja’s taqlid for rulings which the muqallid has committed to memory.

My question is, should a muqallid of Sayyid Khoei follow the fatwas of Sayyid Khoei in all areas, or only that which he has memorized from the risālah of Sayyid al-Khoei?

1 Answers
mehdi answered 11 months ago

أعوذ بالله من الشيطان الرجيم

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,

Based on your specific question and information provided.

From the Fiqh / Jurisprudence perspective.

Ruling 8.* If a mujtahid whom a mukallaf is following [i.e. doing taqlīd of] dies, his authority after his death is the same as his authority when he was alive. Therefore, if he is more learned than a living mujtahid, a mukallaf who has a general notion about there being a difference of opinion between the two mujtahids in rulings (masāʾil) that he commonly encounters, even though he may not know what these differences are, must continue following him.

However, in the event that a living mujtahid is more learned than him, he must refer to the living mujtahid.

If it is not known who the most learned among the mujtahids is, or if they are equal [in knowledge], in case it is established that one of them is more cautious than the other – i.e. he exercises more caution in matters pertaining to giving fatwas, deriving legal opinions, and is a person who thoroughly researches and investigates – then that mujtahid must be followed. However, if it is not established which one is more cautious, then the follower has the choice to act according to the fatwa of whichever mujtahid he wants, except in cases of ‘non-specific knowledge’ (al‑ʿilm al‑ijmālī) or the arising of ‘non-specific authority’ (al‑ḥujjah al‑ijmāliyyah) over responsibility. For example, in case there is a difference of opinion with regard to performing the shortened (qaṣr) or complete (tamām) form of the prayer [in a particular situation], he must, based on obligatory precaution, observe the fatwa of both mujtahids.[6]

‘Taqlīd’ simply means an undertaking to follow the fatwa of a particular mujtahid; it does not mean acting according to his instructions.[7]

Sayyid Al-Sistani

————

9. If a jurist, who is followed by a person, dies and the follower has committed his judgments to memory, he can act on them as he acted during his lifetime.

However, if he had not committed his judgments to memory or has forgotten them, he must refer to a jurist who is alive.

10. If a person commits to memory the judgments of a jurist about some problems and after the death of that jurist he follows a living jurist in that matter according to his duty he cannot act again upon the judgments of the jurist who has passed away.

Sayyid Al-Khoei.

والله العالم

(and Allah(awj) Knows best)
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