In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah. I bear witness that there is no god but Allah, alone, without partner, and I bear witness that Muhammad is His servant and Messenger ﷺ.
Chapter: The fifth kind of bayan (ijtihad and analogy):
This chapter deals with the fifth kind of bayan according to Imam al-Shafi’i, namely ijtihad and analogy (qiyas), which is one of the sources of legislation agreed upon by Ahl al-Sunnah, in contrast to the Zahiris, who deny analogy. It clarifies that those among the Salaf who rejected analogy meant only corrupt analogy that contradicts the text, not the principle of sound analogy itself.
Proving the legitimacy of ijtihad:
Imam al-Shafi’i proves the legitimacy of ijtihad with three examples mentioned earlier:
- The qiblah: The saying of Allah the Exalted: “And from wherever you go out [for prayer], turn your face toward al-Masjid al-Haram. And wherever you [believers] may be, turn your faces toward it” (al-Baqarah 2:150). He explains that shatr (“toward”) means “direction,” and that facing the qiblah is done by hitting it exactly when it is in view, and by ijtihad when it is out of sight, with the help of signs such as the stars, the sun, the moon, and the mountains.
- The probity of witnesses: The saying of Allah the Exalted: “And bring to witness two just men from among you” (al-Talaq 65:2). He explains that knowing the probity of witnesses rests on ijtihad, as the judge investigates and asks people of experience about the condition of the witness.
- The equivalent in the compensation for killing game: The saying of Allah the Exalted: “the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you” (al-Ma’idah 5:95). He explains that the “equivalent” here is likeness in size and form (body), not in value, and that determining this equivalent is left to the ijtihad of the two judges.
Analogy:
Imam al-Shafi’i explains that the meaning of this chapter (ijtihad) is the meaning of analogy, and that analogy is seeking the evidence for agreement with a prior report from the Book and the Sunnah, in terms of an original case, a new case, an effective attribute, and a ruling.
Agreement with the prior report:
Agreement with the prior report (from the Book and the Sunnah) in analogy comes in two ways:
- Agreement in meaning: If a text prohibits or permits something because of a certain meaning (an effective attribute or ratio legis, ‘illah), and we draw an analogy from it to another thing that shares the same meaning, we give it the same ruling (prohibition or permission). Examples: drawing an analogy from wheat and barley to rice in the obligation of zakah, because they share the attributes of being a staple food, storable, and measured by volume; drawing an analogy from gold and silver to paper currency in the application of the rules of usury (riba), because they share the attribute of being a medium of value; and drawing an analogy from the other beasts of prey to the fox in prohibition, because it shares the attributes of preying and having fangs.
- Agreement by resemblance: If a thing resembles one thing in one respect and another thing in another respect, and we find nothing that resembles it more closely than one of them, we attach it to the one that resembles it most. Example: drawing an analogy from camels to the ostrich in the compensation for killing game, because of its resemblance to them in size.
The importance of inference:
Imam al-Shafi’i stresses that no one may say that something is lawful or unlawful except on the basis of knowledge, that is, by inference from the Book, the Sunnah, consensus, or analogy. He rejects istihsan (juristic preference understood as speaking by mere opinion without evidence). He clarifies that analogy is referring a matter back to a prior foundation among the reports found in the Book and the Sunnah.
Summary:
In this chapter Imam al-Shafi’i explains the fifth kind of bayan, namely ijtihad and analogy, and clarifies how inference is made through them. Sound analogy is that which agrees with the Book and the Sunnah in meaning or by resemblance; sound inference is the foundation of legislation; and he rejects speaking by mere opinion without evidence.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami