it, for this leads to invalid circular reasoning. Those forming the consensus would then be unable to cite the hadith as evidence regarding a particular case until they knew that the case fell within its intended scope; yet they could not know that until they reached consensus. Thus, citing the hadith as evidence would depend on a prior consensus, while consensus would depend on previously citing it as evidence, if the hadith were their basis. Something would therefore depend upon itself, making its existence impossible. Nor could the hadith serve as evidence in a disputed case, because that case was not intended. This would strip the hadith of its capacity to establish the ruling in cases of both agreement and disagreement. It would follow that none of the texts condemning an act in severe terms taught us that the act was forbidden. This is categorically false.

Fourth:

This would entail that none of these hadiths could be cited as evidence until it was known that the Muslim community had reached consensus concerning the particular case. The earliest generation would therefore not have been permitted to cite them as evidence. Indeed, even someone hearing them directly from the mouth of the Messenger of Allah, may Allah bless him and grant him peace, would not have been permitted to do so. If a person heard such a hadith, found that many scholars had acted upon it, and knew of no opposition to it, he would have to refrain from acting upon it until he had investigated whether anyone anywhere in the world disagreed with it—just as he may not invoke consensus as evidence on a question without a thorough investigation.

Thus, the mere disagreement of a single scholar qualified to exercise independent judgment would invalidate citing the hadith of the Messenger of Allah, may Allah bless him and grant him peace, as evidence. The opinion of one person would thereby invalidate the words of the Messenger of Allah, may Allah bless him and grant him peace, while his agreement would establish the validity of the statement of the Messenger of Allah, may Allah bless him and grant him peace. If that one person were mistaken, his error would become