beginning of at-Tatârkhaniyah, [the author] wrote two chapters on religious decrees; the summary of the first is that Abu Yusuf said that issuing a fatwa is permissible only for a mujtahid, while Muhammad permitted it for anyone whose correct views are more numerous than his errors. It is reported from al-Iskâf that the most knowledgeable person in a town has no excuse to avoid [issuing fatwas]. ¹⁸²³
Imam Zakariyâ al-Anṣâri ash-Shâfi‘i said:
It is permissible for the non-mujtahid “to follow any mujtahid he chooses, if the madh-habs are codified like they are today.” Then they may follow each of them in some issues, for the Companions used to ask someone one time and someone else another time, without any denunciation [of this practice by any of them]. “He may also transfer from his madh-hab” to another one, whether or not we said he is bound to seek the more knowledgeable or we allowed him to choose any of them, as when he follows someone in their ijtihâd concerning the qibla sometimes and [follows] someone else at other times. However, he may not seek out the concessions, for selecting them leads to the compromise of one’s religious dutifulness. “If he still chose them from the different madh-habs, would he become a fâsiq? [There are] two views. The more esteemed one is no.” This is different from one who selects them from the madh-habs that have not been documented; if he was in the early era, he would certainly