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in category Fiqh (Jurisprudence)

What does Islam expect of me when I am doubtful about an action?

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Al-Hafidh al-Naysaburi relates that a man went to Imam Abu Hanifah and said: "I am doubtful of whether I divorced my wife."  The Imam said: "Nothing is due upon you until you become certain that you did [issue a pronouncement of divorce]." The man then asked Sufyan al-Thawri the same question, who said: "It will not harm you [to assume you issued a divorce and] declare your intention to take her back [as your wife]." Then he went and posed the question to Sharik al-Qadi, who said: "Issue the divorce upon her, and then take her back."  The man then went to Zufar ibn al-Hudhayl – the student of Imam Abu Hanifah – and related to him the various verdicts issued in the matter. Zufar said: "As for the Imam [Abu Hanifah], his verdict is based on the [principles of the] law, al-Thawri ruled in accordance with caution and forbearance, while Sharik gave a judgement that is grounded on reason."   Then Zufar provided an example to demonstrate these three paradigms. Suppose a man doubts whether his garment has been contaminated with filth: should he wash it or assume that it is pure?  If he went to Imam Abu Hanifah, he would say that there is nothing upon him unless he becomes certain that filth has contaminated the garment.  If he went to al-Thawri, he would say that there is no harm in washing it.  And if he went to Sharik, he would say that one should urinate on the garment [to make sure it becomes filthy], and then wash it!  - cited in Mulla 'Ali Qari's Sharh Musnad Abi Hanifah

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