How can one reconcile the fact that everything the Prophet (peace and blessings of Allah be upon him) uttered was a revelation from Allah, with the Ahadith in which the Prophet (peace and blessings of Allah be upon him) legislates based on his own judgment, such as the Hadith: "Were it not that I would overburden my Ummah, I would have ordered them to use the Siwak for every prayer"?

Scholars divide what emanates from the Prophet, peace and blessings be upon him, in terms of sayings and actions, into two categories: 1. Sayings and actions that issue from divine revelation (tawqif), in which the Prophet, peace and blessings be upon him, acts as a trustworthy conveyor. This is the predominant category. 2. Sayings and actions that issue from his own opinion and ijtihad (definition) (independent reasoning), in which he acts as a legislator and a mujtahid. Allah approves of this, and if his ijtihad contains an error, revelation descends to correct it. Thus, infallibility is present from beginning to end.

Scholars have cited the following as evidence for the permissibility of the Prophet's, peace and blessings be upon him, ijtihad: 1. Allah addressed him as He addressed His servants and commanded him to deliberate. His saying: (NOR DOES HE SPEAK OF [HIS OWN] DESIRE. IT IS NONE BUT REVELATION REVEALED) refers to the Qur'an, and this does not preclude his ijtihad. 2. If ijtihad is permissible for others, who are susceptible to error, then it is more befitting for one who is infallible. 3. Allah admonished him in several instances, such as: (MAY ALLAH FORGIVE YOU. WHY DID YOU GRANT THEM PERMISSION?), and this indicates ijtihad. 4. His saying: (IF I HAD KNOWN IN ADVANCE WHAT I CAME TO KNOW LATER) indicates ijtihad. 5. His admonishment for taking ransom from the captives of Badr: (IT IS NOT FOR A PROPHET TO HAVE CAPTIVES [OF WAR] UNTIL HE HAS MADE WIDESPREAD SLAUGHTER IN THE LAND) [Al-Anfal/67]. 6. His saying: (AND [REMEMBER, O MUHAMMAD], WHEN YOU SAID TO THE ONE ON WHOM ALLAH BESTOWED FAVOR AND YOU BESTOWED FAVOR, "KEEP YOUR WIFE") [Al-Ahzab/37].

From this, the meaning of his saying, peace and blessings be upon him, in many hadiths becomes clear: (WERE IT NOT THAT I WOULD OVERBURDEN MY UMMAH, I WOULD HAVE COMMANDED THEM TO USE THE SIWAK (TOOTH-STICK) WITH EVERY PRAYER). This is evidence for the permissibility of his ijtihad, peace and blessings be upon him, because he made hardship a reason for not commanding it. If the ruling were dependent on a text, then the reason would be the absence of a text, not the existence of hardship.