Difference between Mujtahid e Muqleq and Mujtahid fil Mazhab

This excerpt is taken from Maulana Ayub Jeena's, Why is Taqlid Necessary?

References of English were posted but most Arabic references were not.

What is the difference between a Faqih and a Muhaddith?

A: A Muhaddith is one whose life is to preserve the sacred words, etc. of Rasulullah Sallallahu ‘alaihi wa sallam. For this, he exerts himself in gathering the Ahadith – whether by memory as in the case of the Mutaqaddimin (i.e. early scholars), or by script as in the case of the latter scholars. He also gathers their chain of narration, and is meticulous about every vowel, letter etc. He also studies and scrutinizes the chains of narrations and the life-story of each and every narrator. All of the above sciences are subdivided into many other fields, and volumes have been compiled about each one of them. He needs to have a basic understanding of all the principles relating to the above sciences as well as a comprehensive knowledge about his field of specialization. Therefore, the Muhaddithin have been divided into many categories, and some of them have super-specialized in only one or two sciences amongst the numerous sciences of Hadith.

A Faqih (jurist) on the other hand is one whose life is devoted to understanding the purport of the sacred words of Rasulullah Sallallahu ‘alaihi wa sallam, and acquiring proficiency therein. In order to achieve this he should possess a basic understanding of the various sciences of Hadith as well. He also gathers Hadith and abstracts common meanings from them. He also has the ability to explain the apparent contradictions that are found in the Ahadith and untie their knots. He has a deep understanding of the Qur’an and is well versed in the various sciences of the Arabic language as well He also possesses the knowledge of the statements of the Sahabah Radhiyallahu ‘anhum, and has a comprehensive understanding of the principles of analogy.

Muhaddithin were always in larger number than the Fuqaha. And those who managed to excel in both were even fewer. Shaikh ‘Abdul-Fattah Abu Ghuddah rahimahullahu ta’ala writes: “And those who gathered between “Riwayah” [i.e. the science of Hadith] and “Dirayah” [i.e. the science of Fiqh] were very few. Hafiz Ar-Ramahurmuzi narrates in his book Al-muhdith al-fasil bain ar-rawi wal-wa’i on page 60, from Anas ibn Sirin who stated: “I came to Kufah and saw four thousand seeking Hadith, and four hundred who were studying Fiqh”…63 This is because of the complexity of Fiqh which is based on (vast) knowledge and deep understanding of the book of Allah, the Sunnah and the statements of Sahabah Radhiyallahu ‘anhum, etc. It also requires one to have the capacity to gather the various proofs, and preponderate64 amongst them; and possess a deep insight into the different purports within the Arabic language as regards “Balaghah”, “Majaz”, “Haqiqah”, “Kinayah”, etc. There is therefore no doubt about the fact regarding the ease in mere narrating for that person whose mind is focused on memorizing, absorbing and narrating only. It is for this reason that more people devoted themselves to specializing in “Riwayah”.

Whilst the Mujtahid is the one who has comprehensive knowledge of both the above fields and others as well. The term Faqih may also be used with reference to the Mujtahidin.

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63 Shaikh ‘Abdul-Fattah Rahimahullahu ta’ala quotes on the footnotes on ar-rafa’ wa at-takmeel, page 323, from tabaqat al-hanabilah of Ibn S’ad 1/329 that Muhammad ibn Yazid Al-Mustamli said: “I asked Imam Ahmad ibn Hambal about ‘Abdur-Razzaq (ibn Hammam As-San’ani, the teacher of Imam Ahmad and the author of Al-Musannaf, etc): “Did he have Fiqh?” Imam Ahmad replied: “How scarce isn’t Fiqh amongst the scholars of Hadith”.

64 i.e. determine which of the two or more proofs hold more strength. This is known as tarjih.
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A few examples are given hereunder to elucidate the difference between a Muhaddith and a Faqih.

1) Muhammad ibn ‘Abdullah ibn Al-Hakam was asked: Who is a Faqih? He replied: “That person who extracts one principle from the Qur’an or Sunnah in which he was not preceded by anyone, then divides that principle into one hundred branches”. The person asked: Who is it that has such power? In reply he said: “Muhammad ibn Idris Ash-Shafi’i (-this was the name of Imam Shafi’i Rahimahulllahu ta’ala).

2) At times Imam Abu Hanifah Rahimahullahu ta’ala used to aske about a particular mas’alah whilst in the presence of his teacher Imam A’mash Rahimahullahu ta’ala – the famous and renowned Tabi’i and scholar of Hadith and Qira’at-: “What do you state about the following…” He would give a reply according to his deductions concerning the mas’alah. Imam A’mash would then enquire from him the substantiation for his answer. The following is an example of how he used to reply: “You narrated to us from Abu Salih, who narrated from Abu Hurairah and from Abu Wa’il who narrated from ‘Abdullah ibn Mas’ud, and from Abu Iyas from Abu Mas’ud Al-Ansari Radhiyallahu ‘anhu that Rasulullah Sallallahu ‘alaihi wa sallam said: man dalla ‘ala khairin ka anna lahu mithlu ajri fa’ilihi; and you narrated to us from Abu Salih from Abu Hurairah Radhiyallahu ‘anhu that a man said to Rasulullah Sallallahu ‘alaihi wa sallam: O Rasul of Allah! I was performing Salah in my home when a man entered upon me, so I felt pleasure in that. Rasulullah Salallahu ‘alaihi wa sallam replied to him: laka ajraan, ajrus sirri wa ajrul ‘alaniyah; and you narrated to us from Abul Hakam, from Huzaifah Radhiyallahu ‘anhu from Rasulullah Sallallahu ‘alaihi wa sallam…; and you narrated to us from Abuz-Zubair from Jabir Radhiyallahu ‘anhu from Rasulullah Sallallahu ‘alaihi wa sallam; and you narrated to us from Yazid Ar-Raqqashi from Anas Radhiyallahu ‘anhu from Rasulullah Sallallahu ‘alaihi wa sallam…”

Imam A’mash Rahimahullahu ta’ala would then exclaim: “Enough! You wish to narrate to me in one moment what I narrated to you in 100 days. I was not aware that you have practical application to all these Ahadith. O Fuqaha! You are the physicians and we [the Muhaddithin] are the dispensers. And you, O man [speaking to Imam Abu Hanifah Rahimahullahu ta’ala] have gathered both sides.

3) Muhammad ibn Samma’ah narrates: “Isa ibn Aban (a famous Muhaddith and a well known Hanafi scholar) used to perform Salah with us (in the Masjid where Imam Muhammad ibnul Hasan Rahimahullahu ta’ala-the student of Imam Abu Hanifah Rahimahullahu ta’ala and the third highest authority of the Hanafi Math-hab – used to perform Salah and thereafter have discussions on Fiqh). I used to invite him to come to Muhammad ibnul Hasan Rahimahullahu ta’ala (to learn from him). He would say in reply: “These are people who contradict Hadith”. Isa Rahimahullahu ta’ala was a scholar who had memorized a substantial amount of Hadith. One morning he performed Fajr Salah with us, and it happened to be the very same day Imam Muhammad Rahimahullahu ta’ala was going to conduct his discourse. I did not allow him to leave until he (also) sat in the gathering. At the close (of the discussion) I took him to Imam Muhammad Rahimahullahu ta’ala and said: “This is the son of your brother (in Islam) Aban ibn Sadaqah, the scribe. He is brilliant, and has the knowledge of Hadith. I invited him to you but he refused saying that we contradict Hadith”. Imam Muhammad addressed him and said: “O my son! What do see us contradicting in Hadith? Do not bear witness against us until you hear from us. So Imam Isa Rahimahullahu ta’ala asked him questions relating to twenty-five chapters of Hadith, and in each chapter Imam Muhammad Rahimahullahu ta’ala answered (narrating to him the Ahadith of these subjects) and would inform him of all that was abrogated therein with proof and evidence. After we left, Isa ibn Aban Rahimahullahu ta’ala turned to me and said: “There was a barrier between myself and nur (divine light), which has now been lifted! I was not aware that there existed a man in Allah’s kingdom like this, whom He has disclosed for the people”. Isa Rahimahullahu ta’ala then accompanied Imam Muhammad Rahimahullahu ta’ala and did not separate from him, until he became a Faqih by him”.

From the above three examples we get a vivid picture about the difference between a Faqih and a Muhaddith.68

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68 This difference has also been pointed out in the following Ahadith:

1. Imam Tirmidhi reports from Zaid ibn Thabit Radhiyallahu ‘anhu that Rasulullah Sallallahu ‘alaihi wa sallam stated (during his farewell sermon, in Hajjatul Wida): “May Allah keep that person fresh and radiant who hears from us a statement and remembers it until he conveys it; as how many a carrier of Fiqh there is to one who has a greater understanding of Fiqh than him, and how many a carrier of Fiqh is not a Faqih.” The last two statements of this Hadith refers to a Muhaddith as he merely carries the knowledge of Hadith from which Fiqh is derived, and conveys it to the Faqih who then extracts its Fiqh from it.

2. Imam Bukhari (Hadith no. 79) and Muslim (Hadith no. 2282) Rahimahallahu ta’ala report from Abu Musa Al-Ash’ari Radhiyallahu ‘anhu (D: 52 AH) who narrates from Rasulullah Sallallahu ‘alaihi wa sallam: “The example of that knowledge and guidance which I have brought is like that of abundant rain which pours onto a stretch of land. Some areas are fertile and accept the water (by absorbing it). So they grow grass and a great deal of plants. There are also barren patches, which hold the water (above without absorbing it), through which Allah benefits the people. So they use it for drinking, to quench the thirst of others, and irrigating (their lands). A third group of patches exist that are plains, which cannot hold water (above), nor grow anything. So that is the example of the person who accomplishes “Fiqh” in the Din of Allah, and Allah benefits him with that which He sent me with. Hence, knows (learns) and teaches; and the example of him who does not lift a head (i.e. no care) to it, whereby he does not accept (absorb) that which I have been sent with”. This Hadith is further explained by Maulana Sarfaraz in his book, Al-kalamul mufid p. 71 with the following words: “The first piece of land may be regarded to be the Fuqaha, that receive the spiritual rain i.e. Qur’an and Hadith, and use it to quench (solve) the various problems experienced by man in his diverse spheres. The second piece of land is likened to the Muhaddithin, who gather the spiritual rain of Qur’an and Hadith and collect it in the dams of their memories and quench the thirst of mankind according to their expertise. The third piece of land can be likened to a lay person who is not a Muhaddith, nor a Faqih, he is not able to benefit himself (directly from this spiritual rain) and nor is he able to benefit others.”
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A Muhaddith preserves the Ahadtih of Rasulullah Sallalahu ‘alaihi wa sallam, and Faqih is the one who extracts the Din of Allah ta’ala there from. Thus, in practice, the Faqih ought to be followed. It is for this reason that Sufyan ibn ‘Uyaynah Rahimahullahu ta’ala, an illustrious scholar of Hadith, used to say: “At-tasleemu lil fuqaha salamatun fid-din” Submitting to the Fuqaha is safety in Din”. In a similar manner, Imam ‘Ali ibnul J’ad Rahimahullahu ta’ala says about the famous Muhaddith among the Tabi’in, Zuhair ibn Mu’awiyah70 that a man came to him (to learn). He asked him: “Where do you come from?” (i.e. where were you learning previously). The man replied: “from Abu Hanifah”. Imam Zuhair remarked: “Your going to Abu Hanifah for one day is more beneficial for you than staying with me for one month”.

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70 Zuhair ibn Mu’awiyah is one regarding whom Shu’aib ibn Harb said: “Zuhair is a greater Hafiz of Hadith than twenty the like of Shu’bah”, whereas Shu’bah himself was known as ‘Amirul Mu’minin fil Hadith’.
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It has also been narrated about ‘Abdullah ibn Wahb – one of the most eminent students of Imam Malik and an outstanding scholar of Hadith Rahimahumallahu ta’ala – that he stated: “I met (i.e. studied under) three hundred and sixty ‘Ulama, and had it not been for Imam Malik and Imam Laith ibn Sa’d Rahimahumallahu ta’ala I would have gone astray in knowledge”. He is also reported to have stated: “Every student of Hadith who does not have an Imam (guide/leader) in Fiqh is astray. And had it not been for Imam Malik and Laith we would have been astray”. He once said: “In ‘Ilm we followed four: two in Egypt and two in Makkah: Laith ibn Sa’d and ‘Amr ibn Harith in Egypt, and Malik and Majishun in Madinah. Had it not been for them we would have been astray”. It is probably for this reason that Hafiz Ibn ‘Abdil-Barr (D: 423 AH) Rahimahullahu ta’ala states: “As for studying Hadith in the manner that students of today study it, without obtaining some knowledge of Fiqh and contemplating its meanings (properly), this is Makruh according to a group of ‘Ulama.

End of answer from excerpt.
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Might not answer your question, but can you make clear what your "CONCEPT" is.

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Difference between Mujtahid e Muqleq and Mujtahid fil Mazhab

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