Is attributing a statement incorrectly to Imam Ahmad regarding a triple divorce pronounced in a single utterance considered a sin if the speaker believes it to be true, and does divorce occur merely by narrating an inaccurate story? What is the view on the disagreement among scholars, and is it preferable to adopt the easier opinion due to Allah's saying: "Allah intends ease for you"?
Ibn Taymiyyah and some later Hanbalis permit issuing fatwas according to his regarding divorce, even though attributing this madhhab to Imam Ahmad is incorrect, as his known position is the opposite. However, one who assumes it is Imam Ahmad's madhhab is not to be blamed. Divorce does not take effect merely by recounting the news unless there is an intention to create it. In cases of disagreement, a Muslim must follow the evidence from the Qur’an and in matters where the evidence is known, and imitate whoever’s they consider sound in matters where there is no evidence. If the evidences are equal or the scholars are of equal standing in the eyes of a layman, scholars differ on what is obligatory for him: some say he should follow the stricter opinion for precaution, some say he can adopt any of the opinions as long as he does not intend to seek out dispensations, and some say he should choose the easier opinion because Islamic law is based on facilitation. Some preferred giving a choice, while others obligated choosing based on superior knowledge and the like, warning against seeking out dispensations. Ibn ‘Uthaymeen said: If scholars’ opinions differ and the evidences are equal, one should adopt the easier opinion because religion is ease, and this applies to matters concerning one’s own self. However, if it leads to a harm, then one must refrain from manifesting and publicizing it.
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Reviewed by El Fatwa's sharia committee.
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