on the basis of scholarly judgment and reasoning from evidence. For the extent to which scholarly inquiry must be pursued may not be clear to the scholar exercising judgment. This is why scholars feared such shortcomings, lest the requisite scholarly effort had not been made in that particular issue. These are sins. Yet punishment for a sin overtakes only someone who has not repented, and it may be averted through seeking forgiveness, doing good, affliction, intercession, and mercy.

This discussion does not include someone so overcome and overpowered by desire that he champions what he knows to be false, or someone who declares an opinion definitively right or wrong without knowing the evidence for or against it. Both such people are in the Fire, as the Prophet, peace and blessings be upon him, said:

“Judges are of three kinds: two are in the Fire and one is in Paradise. The one in Paradise is a man who knew the truth and judged accordingly. As for the two in the Fire, one is a man who judged between people in ignorance, and the other is a man who knew the truth but judged contrary to it.”

The same applies to those who issue fatwas. Nevertheless, as we have explained, there are also impediments that prevent the threatened punishment from befalling a particular individual. Thus, if we suppose that some such conduct occurred on the part of certain individual scholars whom the Muslim community holds in high esteem—although this is unlikely or has not occurred—none of them would lack at least one of these grounds for averting punishment. Even if it occurred, it would not undermine their overall standing as leading scholars. For we do not regard these scholars as infallible; rather, they may commit sins. Even so, we hope that they will attain the highest ranks, because of the righteous deeds and noble qualities with which Allah has distinguished them