1 – The case about which the question is asked must have actually taken place. If it is merely hypothetical, a fatwa is not obligatory because there is no necessity—unless the questioner’s purpose is to learn. In that situation it is impermissible to withhold knowledge; the mufti must answer whenever he is asked, regardless.

2 – The mufti must not discern from the questioner’s conduct that his aim is obstinacy, hunting for legal concessions, setting scholars’ opinions against one another, or any other improper purpose. If he does notice such an intention, issuing the fatwa is not obligatory.

3 – Issuing the fatwa must not lead to a harm greater than that of withholding it. If a greater harm is feared, the mufti must refrain, warding off the more serious of two evils by choosing the lesser.

Obligations of the mustafti (questioner)

The questioner is bound by four duties:

First: He must seek a fatwa desiring the truth and intending to act upon it, not to chase after concessions, embarrass the mufti, or pursue any other wrongful objective.

Second: He should request a ruling only from someone he knows—or is reasonably sure—is qualified to issue fatwas. He ought to choose the mufti who is most trustworthy in knowledge and piety; some scholars hold that this is obligatory.

Third: He must describe his circumstances truthfully and precisely, as in the statement, “We travel by sea and carry only a small amount of water. If we perform wudu with it we will go thirsty; may we use seawater for our ablution?”

Fourth: He should pay close attention to the mufti’s words so that he leaves only after fully understanding the answer.