Umar bin al-Khattaab [May Allaah be Pleased with him]
said:
If two people who pledge an allegiance with one
another without the consultation (i.e. with the scholars), do not pledge an
allegiance with either of them, nor should it be given to either of them out of
deception, otherwise both of them may be killed.
[Reported by al-Bukhaaree in his Saheeh (6442)]
Ibn Hajar [may Allaah have Mercy on him] said:
Two people who pledge an allegiance with one another: in another narration reported by Maalik it says,
'anyone who follows these two men'
Do no pledge an allegiance with either of them: in another narration it comes with the wording,
'anyone who claims to be the ruler without consultation then it is not allowed
for him to be accepted.'
He continued:
I say: the apparent meaning of this narration is the
rejection of 'Umar for those who pledge allegiance without consulting the
Muslims.
…
So it is not binding upon the Muslims to pledge an
allegiance without consultation.
[Fath al-Baaree 12/160]
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