The Principle of Referring to the Faʾl-Aʿlam (Next Most Knowledgeable) When the Aʿlam (Most Knowledgeable) Defers Judgment

Principles (Usul)

1: The Principle of Absolute Permissibility of Referring to the Faʾl-Aʿlam[1]

2: The Principle of Not Being Obligated to Follow the Aʿlam‘s Doubt[2]

3: The Principle of Distinguishing Between the Authority (Ḥujjiyyat) of the Aʿlam‘s Fatwa and the Authority of His Critique of Other Mujtahids‘ Evidences[3]

Challenges

1: Conflicting Views Among Marājiʿ Taqlīd (Sources of Emulation) Regarding the Conditions/Scope for Referring to the Faʾl-Aʿlam[4]

2: Discerning the Type of the Aʿlam‘s Precaution (Iḥtiyāṭ)[5]

Footnotes:

[1]. This principle is based on the view of the late Ayatollah Behjat and the apparent meaning of Sayyid [Yazdi]’s words in Al-Urwah [al-Wuthqa]. According to this principle, when the most knowledgeable jurist (Aʿlam Mujtahid) does not give an explicit opinion on a matter and advises precaution (Iḥtiyāṭ), the followers (Muqallidīn) are permitted to refer to the next jurist in terms of knowledge level (Faʾl-Aʿlam). This permission is absolute and does not require specific conditions.

[2]. This principle states that the hesitation and precaution of the Aʿlam Mujtahid stem from his personal doubt or uncertainty (Shubhah), and this cannot lead to the suspension of the religious duty (Taklīf) for the followers. In other words, the Aʿlam‘s doubt does not imply the inability of others to reach a definitive conclusion.

[3]. Based on this principle, while the opinion (fatwa) of the Aʿlam Mujtahid is authoritative (Ḥujjah) for his followers, his criticisms of the reasoning (Istidlāl) of other jurists (Mujtahids) do not, in themselves, invalidate those opinions. These critiques are more of a personal and scholarly nature rather than a binding religious ruling.