Did Imams(as) tell their companions to give fatwas?

Ahmad Ibn Ali reported that Imam Al-Baqir (a.) said to Aban Ibn Taghlib: “Sit down in the house of prayer in Medina and provide the people with clarification (fatwa), because i love that one like you is seen among my followers.” 

📚Al-Wasa’il-ush-Shia V30 P291

Umayyah Ibn Ali reported that Muslim Ibn Abi Hayyah said: “I was in the service of Abu Abdillah As-Sadiq (a.), after which i wanted to leave him. I said goodbye to him and said: “I want you to provide me with care.” He said: “Come to Aban Ibn Taghlib, for he has already heard numerous sayings (Hadith) from me. So whatever he narrated to you about me, you will also narrate that about me.” 

📚Rijal Al-Kashi P277

Aban Ibn Uthman reported that Imam As-Sadiq (a.) said: “Aban Ibn Taghlib narrated *30,000 sayings (Hadith) about me, so you also narrate them from him.” 

📚Ar-Rijal An-Najashi P12

*most of them havent reached us unfortunately 

Muhammad Hussein Ishfahani(the teacher of Al Khoei) writes:

,,Those hadiths that suggest permissibility of issuing fatwas , although theyre our strongest argument for taqleed, however the problem is that back then Fatwa meant explanation and narration of hadiths.

And at the times of the Prophet and the Imams, the rulings would be conveyed through the transmission of narrations and traditions — and not through operating with opinions and speculations, thus it does not prove anything other than the probative force of a narration.”

📚Nihayatul Diraya Fi Sharh Al Kifaya V3,P466

 

Issues that weren’t mentioned by The Imams(as)?

al-Shaykh Yusuf al-Bahraini writes: 

“And from them (the doubtful matters) is whatever there is no principle for, as you know, and its ruling is to refer back to them (the Imams), otherwise, [it is obligatory to do] tawaqquf and ihtiyat (caution).”

📚al-Durar al-Najafiyah, V1, P184

Ammar As-Sabati reported that Imam As-Sadiq (as) said: “Everything is clean until you know (with certainty) it is unclean. If you have gained the knowledge about it, then it has become unclean, but as long as you do not know it, you have no obligation. 

📚Wasa’il-Ush-Shia  V3, P467

Abu Basir reported that he asked Imam As-Sadiq (as): “We are dealing with matters, which we do not know in the scripture of God nor in the custom (of the prophet). Do we form our own opinion about it?” He said: “No, if you are right, you will not be rewarded and if you are wrong, you have lied about God.” 

📚Kitab Al Kafi  V1 P56 (Dar Al Kutub Al Islamiyah)

Ja’far As-Sadiq (a.) reported that prophet Muhammad (s.) said: “My nation is excused from nine things: from that, which is ignored and forgotten, from that, which they were compelled to do, from that, which they do not know, from that, which they are not capable of, from that, which they were in need of, from evil omen, from envy and from pondering about that which is whispered in the creature, as long as man did not express it in words through his lips.” 

📚Al Fusul V1 P638

 

Taqleed in Halal/Haram but not in Usoole Deen?

Sharif Al Murtadha writes:

,,Non Shias say that common men cant understand Furoo e Deen from hadiths and if you say that they have to follow hadiths then you are giving them a task thats beyond their abilities”

Reply

,,Theres no dispute in the fact that Usool E Deen has to be derived by laymen from the hadiths directly even though Usool E Deen are more complex , complicated, theres more questions about them and theres more doubts In there in comparison to halal and haram issues”

,,Lets talk about a person who cant understand hadiths do you require him to do Taqleed?”

,,We are talking about someone who cant understand ANY hadith, such a person would not understand Usool E Deen from hadiths either. Such a person is like a child theres no obligation for them to study it to begin with.”

📚Rasail Sharifa Al Murtadha P42-43

*If you claim that you cant understand ahadith about  halal and haram and thats why you need to follow a marja  then that’s equal to claiming that you have the intellectual capacity of a child.

Shirk in obedience

 It is narrated from him (narrator of the Hadith above) from ‘Abd Allah ibn Muskan from abu al-‘Abbas who has said the following: “Once I asked abu ‘Abd Allah (a.s.) about the minimum degree of al-Shirk (paganism). The Imam said, ‘It is one’s inventing an opinion and thereafter loving and hating (people) on that basis.’”

Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from ibn Bukayr from Durays from abu ‘Abd Allah (a.s.) who has said the following: “About the words of Allah, the Most Majestic, the Most Holy, ‘Most of them do not believe in Allah; without associating others with Him’ (12:106) the Imam said, ‘Al-Shirk (paganism) is obedience and not in worship,’ and the words of Allah, the Most Majestic, the Most Holy, ‘ . . . certain people worship Allah to achieve worldly gains. . . .,’ (22:11) the Imam said, ‘A verse comes down about a man and then it applies to his followers.’ I then said, ‘Do those who appoint others (as people possessing Divine Authority) instead of you ( Ahl al-Bayt) worship for worldly gains?’ The Imam said, ‘Yes, at certain cases it is just that ( al - Shirk ).’”

Yunus has narrated from Dawud ibn Farqad from Hassan al-Jammal from ‘Amirah who has said the following: “I heard abu ‘Abd Allah (a.s.) saying, ‘People are commanded to know us ( Ahl al-Bayt ), and they are referred to us and to submit to us.’ The Imam then said, ‘If they fast, perform prayers, testify that there is no one who deserves to be worshipped except Allah but keep it in themselves and do not refer to us for guidance, for this they will be considered Mushrik, (considering things as partners of Allah).”’

A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father from ‘Abd Allah ibn Yahya from ‘Abd Allah ibn Muskan from abu Basir who has said the following: “Once I asked abu ‘Abd Allah (a.s.) about the words of Allah, the Most Majestic, the Most Holy, ‘. . . they (unconditionally) obeyed the rabbis and the monks. ... as they should have obeyed Allah. . . .’ (9:31) The Imam said, ‘By Allah, they (rabbis and monks) did not call the people to worship them. Had they done so people would not have listened to them. They, however, made certain things lawful and unlawful as they liked and people obeyed and worshipped them without realizing the evil in such worship.’”

Ali ibn Muhammad has narrated from Salih ibn abu Hammad and Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from a man from abu ‘Abd Allah (a.s.) who has said the following: “Abu ‘Abd Allah (a.s.) has said, ‘Whoever obeys a man in a sin has worshipped him.’”

📚Kitab Al Kafi V2,P222-223

Sistani says scholars can make up laws

Sistani says:

 "It is permissible for Faqih to make up laws if prudence so requires in certain conditions"

Abu Basir reported that he asked Imam As-Sadiq (as): “We are dealing with matters, which we do not know in the scripture of God nor in the custom (of the prophet). Do we form our own opinion about it?” He said: “No, if you are right, you will not be rewarded and if you are wrong, you have lied about God.” 

📚Kitab Al Kafi  V1 P56 (Dar Al Kutub Al Islamiyah)

 

Kadhim Al Khorasani says there was no Blind Taqleed in the times of our Imams(as)

Muhammad Kadhim Al Khorasani writes:

,,Today we have these different scholars in the cities and villages who convey the fatwas of Marjas to their people, exact same thing happened in the times of the imams(as). The scholars back then used to convey the sayings of the imams to their people(not their own opinions).”

📚Kifaya Al Usool p 299

,,We are told that in the times of the Imams (as), Shias continued to do taqlid on the dead. This is questionable and refutable because such a custom (taqlid) did not exist in the times of the Imams (as). The companions of the Imams (as) would gain knowledge from those who transmitted from the Imams (as) and they only followed the traditions.”

📚Kifayatul Usool P79-480

 

Sistani admits, theres no authentic traditions proving Taqleed of a marja

,,Theres no authentic tradition on it(Taqleed)”

📚Taqrirat Al ‘Imam’ Al Sistani V5,P266

,,The proof for taqleed are two hadiths one is from Imam Mahdi and the other is from his father, however both of them are weak and unreliable”

📚Taqrirat Al ‘Imam’ Al Sistani V5,P247