the guardian is known for piety, God-consciousness, and honesty, then his statement is accepted; but if the situation is the opposite, then his statement is not accepted—though we would accept it only if accompanied by an oath. If someone were to adopt this middle position, it would indeed be a middle course, taking the view of one group in one circumstance and the view of the other group in another.
Scholars have always followed this approach when people differ over two views: someone may put forward a third view that adopts one of the two views in one situation and the other view in another. An example—by way of establishing the principle—is the scholars’ disagreement over whether the Witr prayer is obligatory. Some held that it is obligatory, while others held that it is not obligatory. We are mentioning the disagreement without considering the evidence; otherwise, the evidence indicates that it is not obligatory. Yet some scholars held that it is obligatory for one who has a regular night devotional practice, but not for one who does not. That is, whoever customarily rises for night prayer and tahajjud must perform Witr, whereas one who does not is not required to do so. This view adopts the position of some scholars in one circumstance and that of others in another. Its proponent therefore says: “It is part of the view of those who hold it to be unconditionally obligatory.” This is the wording of Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him. This is not regarded as departing from scholarly consensus; rather, instead of saying that it is obligatory in every circumstance, he held it to be obligatory in one circumstance but not another.
His statement: “Whatever the slave borrows becomes binding upon his master if he gives him permission.” Whatever the slave borrows—whether a loan, the price of something purchased, or otherwise—if it is with his master’s permission, then the master is liable for it. For example, his master may say to him: “Go to so-and-so and borrow one thousand riyals from him.” If he goes and borrows it, then his master is liable, because he borrowed with his permission. This applies whether he borrowed with his permission for the master’s benefit or for the slave’s own benefit. The slave may come and say: “I want to get married, and I need one thousand riyals.”