Zahid Ali asked 2 years ago
Salaam alaikum,
I was following Ayatullah Uzma Al-Khoei until he passed away and later I learned that I must switch to a living Marja, so I switched to Ayatullah uzma Al-sistani.
A friend told me that I could follow both old Marja (i.e Al-khoei for old established rulings such as on vilayat e faqih etc) as well as Al-Sistani (for rulings on new topics such as crypto). Can you please clarify if I can follow as per my friend’s advice or if I must follow only Al-sistani?
Jazakallhah, WS.
mehdi answered 2 years ago
أعوذ بالله من الشيطان الرجيم
بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ
As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,
Based on your specific question and information provided.
From the Jurisprudence Perspective:
Ruling 8. If a mujtahid whom a mukallaf is following [i.e. doing taqlīd of] dies, his authority after his death is the same as his authority when he was alive. Therefore, if he is more learned than a living mujtahid, a mukallaf who has a general notion about there being a difference of opinion between the two mujtahids in rulings (masāʾil) that he commonly encounters, even though he may not know what these differences are, must continue following him. However, in the event that a living mujtahid is more learned than him, he must refer to the living mujtahid.
If it is not known who the most learned among the mujtahids is, or if they are equal [in knowledge], in case it is established that one of them is more cautious than the other – i.e. he exercises more caution in matters pertaining to giving fatwas, deriving legal opinions, and is a person who thoroughly researches and investigates – then that mujtahid must be followed. However, if it is not established which one is more cautious, then the follower has the choice to act according to the fatwa of whichever mujtahid he wants, except in cases of ‘non-specific knowledge’ (al‑ʿilm al‑ijmālī) or the arising of ‘non-specific authority’ (al‑ḥujjah al‑ijmāliyyah) over responsibility. For example, in case there is a difference of opinion with regard to performing the shortened (qaṣr) or complete (tamām) form of the prayer [in a particular situation], he must, based on obligatory precaution, observe the fatwa of both mujtahids.(6)
‘Taqlīd’ simply means an undertaking to follow the fatwa of a particular mujtahid; it does not mean acting in accordance with his instructions(7).
Sayyid Al-Sistani.
والله العالم
(and Allah(awj) Knows best)
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