Adopting an Opinion That Is Not the One Relied Upon for Fatwa

Question

Esteemed Sir… Greetings of peace as per the sunna! I had sent a request for a fatwa (istifta’) consisting of thirteen questions on sighting the new moon; the answer to it was completed at your end on 1 Dhu al-Qa‘da 69 AH and arrived here at the end of Dhu al-Qa‘da. In answer no. 3 you wrote that when there are two qadis in one city, correspondence between them is permissible. I had written that the fatwa is given (mufta bihi)

Answer

In the answer given from here, the narration of Imam Muhammad ﵀ from the “Nawadir” was not called mufta bihi (the view on which fatwa is given); according to the explicit statements of the jurists, the mufta bihi is indeed the view of Abu Yusuf ﵀.

Source: Fatawa Mahmudiyya

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