and declaring one’s wife “forbidden” analogous to zihār, since zihār likens her to a woman forbidden to him, whereas this declaration expressly pronounces her forbidden. Both are objectionable and false speech. Allah’s Book establishes that declaring something lawful forbidden constitutes an oath, in His words:

“Why do you forbid what Allah has made lawful for you?”

through to His words:

“Allah has already prescribed for you the dissolution of your oaths.”

This, however, is not the place to discuss that matter at length.

As for a person seeking a fatwa following the mufti’s opinion, the position of the four imams and all the other leading scholars is that no one is obliged, nor is it prescribed for him, to adhere to the views of one particular person in everything that person declares obligatory, forbidden or permissible, except the Messenger of Allah (may Allah bless him and grant him peace).

Some scholars, however, say that the person seeking a fatwa must follow the most learned and discerning of those whom he can consult. Others say that he may choose among the muftis. If he possesses some ability to assess their opinions, one view is that he should follow whichever of the two opinions he considers stronger, according to his discernment, since this is preferable to an unrestricted choice. Another view is that he may not exercise independent judgment unless he becomes qualified to do so. The former view is more sound.

Thus, if the person seeking a fatwa considers one of the two opinions stronger—either because its evidence appears stronger according to his discernment, or because the scholar holding it is more learned and scrupulous—he may follow it, even if that scholar’s opinion differs from the position of the legal school.

Shaykh al-Islām (may Allah have mercy on him) was asked about a man who said to his mother-in-law:

“Unless you sell me your slave woman, your daughter is divorced three times.”

They replied, “We will not sell you the slave woman.” He then said, “Your daughter is divorced three times,” although he intended the condition, “If you do not give me the slave woman”?