Is it more appropriate to issue a fatwa based on scrupulousness (wara') or on ease (taysir) when there are two opinions, one of which offers ease and the other caution? And does acting with caution differ from issuing a fatwa based on it?
It is incumbent upon the Mufti to issue a fatwa based on what is supported by the texts of the Qur’an or the Sunnah, or the consensus of the Ummah, or what follows a sound analogy. If there is a difference or contradiction in the evidence, he should only issue a fatwa based on what is preponderant and stronger in evidence. If the evidence is equal, the correct approach is for him to refrain until the preponderant opinion becomes clear to him, or to issue a fatwa based on the more well-known opinion. As for adopting the more cautious opinion for oneself, this is a matter of piety, but it is not permissible to issue a fatwa based on it if it is not preponderant.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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