Does ignorance cause the obligation of order to lapse?
Question
Is ignorance taken into account for the lapsing of [the obligation of] order (tartib) or not? In “Ghayat al-Awtar”, vol. 1, p. 334, it has been taken into account: [ar]من جهل فريضة الترتيب يلحق بالناسي، واختاره جماعة من أئمة بخارى[/ar] “One who was ignorant of the obligation of order is treated like one who forgot; a group of the imams of Bukhara chose this.” But in “Maraqi al-Falah” it is stated that ignorance is not taken into account: [ar]ولا يعتبر الجهل.
Answer
In the zahir al-riwaya (the principal narrations of the school), ignorance does not cause order to lapse. However, in one narration the opposite is also transmitted from the Imam through Hasan ibn Ziyad, and many of the mashayikh have adopted it. So it is in “al-Bahr al-Ra’iq”, vol. 2, p. 84, “Minhat al-Khaliq”, vol. 2, p. 84, “al-Tahtawi ‘ala al-Maraqi”, vol. 1, p.
Source: Fatawa Mahmudiyya
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