The proponents of taqlid use the tradition of Imam Hasan al-Askari (a) as their strongest evidence for taqlid today. This tradition is found in “Tafsir of Imam al-Askari (a)” and they always use this passage:
[…] ,,As for that one of the understanding (Fuqaha) who restrained himself, preserved his religion, opposed his inclination and was obedient to the command of his Lord, it is for the ordinary people to imitate him […].”
فأما من كان من الفقهاء صائنا لنفسه، حافظا لدينه مخالفا على هواه، مطيعا لأمر مولاه، فللعوام أن يقلدوه
[Wasail ush-Shia, Volume 27, Page 131, Hadith 33401]
However, there are two points that need to be addressed here: [1.] This sentence is an extraction from a longer tradition, [2.] This tradition is considered unreliable by the Usuli scholars
Let us now see what the usuli scholars of our time have to say about this tradition
Sayyed al-Khui:
“It should be noted that Taqlid has not been mentioned in any other tradition except the tradition in the book of al-Ihtijaj of at-Tabarsi (tradition of Imam al-Askari), however, this tradition is interrupted (Mursal) and not reliable.”
[Al-Tanqih Sharh al-Urwatil Uthqa, Sayyed al-Khui, page 61; 184; 197]
Al-Khumaini:
“Among the traditions we use to justify to do Taqlid is the tradition of Imam al-Askari (a) […] this tradition is weak.”
[Al-Ijtihad wa al-Taqlid, Sayyed Khomeini, page 95-96]
Tabatabai al-Qummi:
“Taqlid has been mentioned in only one tradition and that is in the book al-Ihtijaj of at-Tabarsi and the tradition has a weak chain.”
[Minhaj al-Salihin, Tabatabai al-Qummi, Vol. 1, page 22; 32;33]
Sistani:
“The proof for Taqlid lies in two traditions, one from Imam al-Hujjah (aj) and from his father (al-Askari), however both traditions are weak and not reliable.”
[Al-Ijtihad wa al-Taqlid, Sayed Sistani, page 247]
Makarim Shirazi:
“Taqlid is a new concept because it is not mentioned in any Qur’anic verse or tradition and there is no consensus for it except for a tradition in the book of al-Ihtijaj, which is interrupted and weak.”
[Anwar al-Usul, volume 1, page 591-592]
Conclusion:
As we can see, scholars classified this complete tradition as weak and unreliable. Nevertheless, they use this sentence from the long tradition to justify Taqlid. Hereby it has been proven that the Usulis cannot rely on this tradition.
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