Article

Abrogation Indicated Partly by the Book and Partly by the Sunnah

Al-Shafi'i illustrates abrogation with the night prayer and the change of qiblah, argues from the Qur'an and the Sunnah that prayer is not due from a menstruating woman, compares the unconscious to her, and restates that abrogation needs evidence and is a last resort.

Fiqh and Legal Theory2024-12-27

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 abrogating and the abrogated (continuation and further clarification):

In this section Imam al-Shafi’i, may Allah have mercy on him, continues to clarify the issue of abrogation, focusing on examples from the Qur’an and the Sunnah and refuting some opposing views.

The main points Imam al-Shafi’i addressed in this section:

  • Abrogation is established only by evidence from the Book or the Sunnah: Imam al-Shafi’i affirms that abrogation is established only by evidence from the Book or the Sunnah, and that it is not permissible to claim abrogation on the basis of mere possibility or interpretation.
  • The example of the abrogation of the night prayer: Imam al-Shafi’i cites the example of the abrogation of the obligation of the night prayer (qiyam al-layl), explaining that it took place through the Qur’an: the obligation was abrogated by the saying of Allah the Exalted: “so recite what is easy [for you] of the Qur’an” (al-Muzzammil 73:20), and that too was then abrogated by the saying of Allah the Exalted: “And from [part of] the night, pray with it as additional [worship] for you” (al-Isra’ 17:79). He clarifies that this shows that the abrogating and the abrogated may be in the same surah. He explains that the disagreement was over whether the obligation of the night prayer was on the Prophet ﷺ alone or on him and his nation; it was then abrogated for all.
  • The hadith of the Bedouin asking about Islam: Imam al-Shafi’i cites the hadith of the Bedouin who asked the Prophet ﷺ about Islam. He told him of the five prayers, and the Bedouin said: “I will not add to this nor take anything away from it,” and the Prophet ﷺ said: “He has succeeded if he is truthful.” He takes this hadith as evidence that the five prayers are the obligatory ones, and anything beyond them is voluntary.
  • Evidence that prayer is not due from a menstruating woman: Imam al-Shafi’i argues from the Qur’an and the Sunnah that prayer is not obligatory on a menstruating woman and that she is not obliged to make it up. From the Qur’an he cites the saying of Allah the Exalted concerning menstruation: “so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you” (al-Baqarah 2:222). He explains that Allah mentioned purification after menstruation ends, which shows that the menstruating woman is not pure, and therefore she is not addressed with the obligation of prayer. From the Sunnah he cites the hadith of ‘A’ishah, may Allah be pleased with her: that she began menstruating, and the Prophet ﷺ commanded her to do everything the pilgrim does, “except that you do not circumambulate the House until you are pure.”
  • Analogy of the unconscious person to the menstruating woman: Imam al-Shafi’i draws an analogy from the menstruating woman to the unconscious person and the one whose mind has been overcome, in that prayer is not obligatory on him, because he is not aware of it. He distinguishes between him and the intoxicated person, because the intoxicated person brought intoxication upon himself by his own choice, so he must make up the prayer.
  • The example of the abrogation of the qiblah (in greater detail): Imam al-Shafi’i again mentions the example of the abrogation of the qiblah, explaining that the Messenger ﷺ prayed toward Jerusalem in Makkah and Madinah, and then this was abrogated by the Qur’an in favor of the Ka’bah. He cites the saying of Allah the Exalted: “We have certainly seen the turning of your face, [O Muhammad], toward the heaven, and We will surely turn you to a qiblah with which you will be pleased. So turn your face [i.e., yourself] toward al-Masjid al-Haram” (al-Baqarah 2:144). He explains that this is one of the clearest examples of the Qur’an abrogating the Sunnah. He mentions the hadith of Ibn ‘Umar, may Allah be pleased with them both, about the change of qiblah at Quba’.
  • The fear prayer and voluntary prayer while travelling: Imam al-Shafi’i explains the rulings on the fear prayer and on voluntary prayer while travelling, citing verses of the Qur’an and hadiths of the Prophet ﷺ.
  • Refuting those who allow the Qur’an to abrogate the Sunnah without an abrogating sunnah being reported: Imam al-Shafi’i stresses that it is impermissible to say that an established sunnah may have been abrogated while the abrogating evidence is unknown, explaining that this leads to rejecting many authentic sunnahs. He refutes those who allow the Qur’an to abrogate the Sunnah without an abrogating sunnah being reported, explaining that this leads to abandoning practice of the authentic Sunnah. He affirms the obligation of reconciling the evidence wherever possible, and that abrogation is resorted to only when reconciliation is impossible.

Additional clarifications:

  • Abrogation linguistically and technically: Linguistically, naskh means removal, cancellation, or alteration; in the technical legal sense it is the lifting of a legal ruling by a later legal proof.
  • Conditions of abrogation: Among the conditions of abrogation are: that both texts are established; that they conflict in a way that cannot be reconciled; and that the abrogating text is later than the abrogated one.
  • Kinds of abrogation: Abrogation is of several kinds, including: abrogation of the recitation while the ruling remains, abrogation of the ruling while the recitation remains, and abrogation of both recitation and ruling together.

Summary:

In this section Imam al-Shafi’i continues to clarify the issue of abrogation, presents examples from the Qur’an and the Sunnah, refutes some opposing views, affirms the importance of the Prophetic Sunnah and the obligation of following it, and warns against laxity in claiming abrogation.

All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami