Allah. If you find nothing there, then judge according to the Sunnah of the Messenger of Allah. If you find nothing there, then judge according to the judgments of the righteous before you.”

Another version reads: “Then according to what the people have agreed upon.” Umar gave precedence to the Book, then the Sunnah. Likewise, Ibn Masʿūd said the same as he did. Umar gave precedence to the Book, then the Sunnah, then consensus. Similarly, Ibn Abbās would issue fatwas according to the Book, then the Sunnah, then the practice of Abū Bakr and Umar, in accordance with the Prophet’s words:

“Follow the two who come after me: Abū Bakr and Umar.”

These reports are established from Umar, Ibn Masʿūd, and Ibn Abbās, who were among the Companions best known for issuing fatwas and judgments. This is the correct approach.

However, a group of later scholars said: “The scholar exercising independent judgment should begin by examining consensus. If he finds it, he should pay no attention to anything else. If he finds a scriptural text that contradicts it, he should believe that it was abrogated by a text that has not reached him.” Some of them said: “Consensus abrogated it.”

The correct approach, however, is that of the early generations. For if a scriptural text contradicts consensus, there must be a text supporting that consensus which establishes that the former text has been abrogated. As for the possibility that the Muslim community has lost the unabrogated text while preserving the abrogated one, this never occurs. It would mean attributing to the community the preservation of what it was forbidden to follow and the loss of what it was commanded to follow, whereas it is protected from that. Moreover, ascertaining consensus may frequently—or usually—be impossible. For who is there who