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 obligation of prayer and the related rulings on the abrogating and the abrogated:
In this chapter Imam al-Shafi’i deals with the rulings on prayer and the related rulings on abrogation, focusing on some examples from the Qur’an and the Sunnah.
The main points Imam al-Shafi’i addressed in this section:
- The fear prayer: Imam al-Shafi’i explains the rulings on the fear prayer: in a state of intense fear the worshipper prays riding or on foot, facing the qiblah or not according to his circumstances. He cites the saying of Allah the Exalted: “And if you fear [an enemy, then pray] on foot or riding” (al-Baqarah 2:239). He explains that this is specific to the fear prayer, and that outside a state of fear a worshipper may not pray an obligatory prayer while riding except for an excuse.
- The abrogation of the obligation of the night prayer: Imam al-Shafi’i cites the example of the abrogation of the obligation of the night prayer, 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 explains that this shows that the abrogating and the abrogated may be in the same surah, and clarifies 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 abrogation of the obligation of one standing against ten: Imam al-Shafi’i cites the example of the abrogation of the obligation of one Muslim fighting ten of the disbelievers, which was abrogated by the saying of Allah the Exalted: “Now, Allah has lightened [the hardship] for you, and He knows that among you is weakness. So if there are from you one hundred [who are] steadfast, they will overcome two hundred. And if there are among you a thousand, they will overcome two thousand by permission of Allah. And Allah is with the steadfast” (al-Anfal 8:66). He explains that this shows the abrogation of the Qur’an by the Qur’an, and that abrogation may be a lightening and an easing. He clarifies that what counts in fighting is the closeness of qualities and strength between the Muslims and the disbelievers; if the Muslims are fewer in number but stronger in equipment and arms, they are not permitted to flee.
- The abrogation of confinement and harm as the penalty for fornication: Imam al-Shafi’i cites the example of the abrogation of confinement and harm as the penalty for fornication: at the beginning of Islam women who committed fornication were confined, and men and women who committed the indecency were punished with harm; this was then abrogated by the prescribed penalties of flogging and stoning. He cites the saying of Allah the Exalted: “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes” (al-Nur 24:2), and the saying of the Prophet ﷺ: “Take from me! Allah has ordained a way for them: for the unmarried with the unmarried, a hundred lashes and banishment for a year; and for the married with the married, a hundred lashes and stoning.” He explains that the Sunnah made clear that flogging is for the unmarried and stoning for the married, and clarifies that this shows the abrogation of the Qur’an by the Sunnah.
- The penalty for a slave who commits fornication: Imam al-Shafi’i explains the penalty for a slave who commits fornication: it is half the penalty of a free person, that is, fifty lashes, and there is no stoning for a slave. He cites the saying of Allah the Exalted: “But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women” (al-Nisa’ 4:25). He explains that ihsan here means Islam, not marriage, because of the general wording of the Prophet’s saying ﷺ: “If the slave woman of one of you commits fornication and her fornication becomes clear, let him flog her.”
- Refuting those who allow that an established sunnah may be abrogated with the abrogating evidence unknown (reaffirmed): Imam al-Shafi’i again 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.
- Reconciling the evidence (reaffirmed): Imam al-Shafi’i affirms the obligation of reconciling the evidence wherever possible, and that abrogation is resorted to only when reconciliation is impossible. He explains that specification and qualification are among the methods of reconciling the evidence.
Additional clarifications:
- The difference between abrogation, specification, and qualification: Abrogation is the lifting of a legal ruling by a later legal proof. Specification is restricting a general ruling to some of its members. Qualification is placing a restriction on an unrestricted ruling.
- Examples of specification and qualification: An example of specification: the saying of Allah the Exalted, “But Allah has permitted trade” (al-Baqarah 2:275), is general, and it was specified by the hadiths forbidding particular sales, such as sales involving excessive uncertainty (gharar). An example of qualification: the saying of Allah the Exalted, “amputate their hands” (al-Ma’idah 5:38), is unrestricted, and it was qualified by the hadiths stipulating a minimum value in theft.
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. He explains the importance of reconciling the evidence and not setting parts of it against others.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami