Shaykh
al-‘Alwan (hafidhahUllah) explains Shaykh al-Islam’s (rahimahUllah)
statement that a mubtadi’ may be rewarded for his niyyah.
So if someone falls into a bid’ah out of ta’weel while he is a MUJTAHID then he is rewarded for his intention (according to Ibn Taymiyyah), but punished for his action.
What Ibn Taymiyyah means are hidden minor Bid’ah, not apparently clear bid’ahs, such as if someone makes ta’weel to do tawaf around the grave, or to make istighaatha in other than Allah, or if someone replaces shari’ah of Allah, or if someone stands in the ranks of the kuffar fighting the muslims, or if someone learns sihr and practices sihr, these people are not excused with anything, no ta’weel is given to them!
Rather ta’weel is only accepted in unclear matters which are besides the nullifiers of Islam. Moreover, this claim of mubtadi’ being rewarded for his niyyah isn’t correct in all matters, even in matters besides nullifiers of Islam, rather it’s only acceptable in matters when an individual has textual evidences to support his claim and knowledge, not a foolish jahil, he isn’t rewarded whatsoever (he never strived hard!), it’s not even a ta’weel in order for us to say he made ta’weel!
His best situation is that if he was muqallid, he would be exempted from being sinful!
And from the evidences that not every ta’weel is accepted, some ta’weelaat are baatilah, placed under the feet, it has no sanctity and weight, what has been narrated in the sahihayn from the hadith of ‘Ali, that the Prophet sent a battalion, and he placed for it an Amir, and the Amir got angered by the companions, so he told the sahabah to enter a fire which he lit from wood, the rasul took an oath and said if they obeyed him in that by entering it, they wouldn’t have come out.
Whereas if they made ta’weel and entered the fire, there would be a form of “hujjah”, where the rasul told them exactly when they were leaving to obey the Amir! Ya’ni there’s some ta’weel here, but despite that the Rasul didn't pay attention to this ta’weel, since it opposes the clear texts (not to obey a creation in what’s disobedience to Allah, etc..), so this is a daleel that not every ta’weel is accepted.
And the people right now have become accustomed that whoever comes with batil, they said he’s a mujtahid. Whereas the mujtahid is the scholar who knows what he’s talking about, not the masses and those who give reminders, these people who give reminders may bring calamities to the muslims, deviations and distortions, then someone comes along and says he’s a mujtahid. Not every person is able to be a mujtahid, rather this is for the people of fatwa, someone who has taqwa and wara’, his usul and knowledge is known.
But as for whoever is not known for taqwa,
and he’s known for giving concessions (lenient fatwas) in a way that
opposes the shari’ah, while he waters down the ‘aqeedah, you can’t say
this person is a mujtahid and muta’awwil.
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