Thus, Itibaa’ refers to following a certain scholar’s say on the basis of evidence from the Book and Sunnah; and that is how it is a medium stand between Ijtihaad and Taqleed.
As for the Ijtihaad, one should possess the required tools; learn the Qur’an,; learn the abrogator and the abrogated, the absolute and the restricted, and the specific and the general; learn the hadeeths or at least know their places in the books of Sunnah; learn the Arabic language; and learn the two principles: the principles of hadeeth as well as the principles of Fiqh.
Then, and after one gets the direct search tools, he can collect the texts and make Ijtihaad. Thus, this is the rank of Ijtihaad; and it is exclusive to the elites among the scholars who possessed its tools.
As for Taqleed, it is permissible for the complete ignoramus, and Allah burdens not a person beyond his scope, because the complete ignoramus, who can neither read nor write, will not be able to understand the evidence if one reads it to him.
And so, he will ask about how to divorce his wife or make pilgrimage; and in case he understood that, then this is going to be the best he can do. So, Taqleed is permissible in such case.
Furthermore, in the case where there is no sound, clear-cut evidence from the Book or the Sunnah, and where there is a text which is vague to the extent that the scholars differ over it, then this is a matter of Ijtihaad where an ignoramus can follow a scholar’s say.
Thus, the matters of Ijtihaad are those where there is no text at all, and where the scholars make analogical deduction between such matters and those which have evidence in the Book and the Sunnah in case there was any similarity between the two.
As for the deduction then a good example on that will be eating from a dead animal body for the one who is in dire need to do that. In this respect, he did not find a text and thus he resorted to making deduction Furthermore, those who are allowed to make deduction are the scholars as we showed earlier.
In nutshell, deduction is to be used in case of the nonexistence of the text regarding the matter in question or in case there is a vague text which does not apply exactly to the matter in question.
In this case, this is regarded a matter of Ijtihaad where one can follow a certain scholar. In this connection, no Mujtahid is allowed to oppose another; and this also applies to those who imitate them as long as the matter has no clear-cut text in the Book and the Sunnah