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, the Sunnah, and consensus, and refuting some opposing views.
The main points Imam al-Shafi’i addressed in this section:
- The abrogation of the bequest to inheriting parents and relatives: Imam al-Shafi’i explains that the bequest to parents and to inheriting relatives was abrogated by the verses of inheritance, and he proves this from the Sunnah and consensus. He cites the hadith: “There is no bequest for an heir.” He clarifies that this hadith is mass-transmitted (mutawatir) or widely circulated (mustafid) among the people of knowledge, and that consensus has been reached on it. He explains that this is one of the cases in which the scholars’ consensus on the meaning of a hadith with a weak chain is taken into account, so that it rises to the level of acceptance.
- Refuting Tawus’s view on the bequest: Imam al-Shafi’i refutes the view of Tawus, who held that the bequest was abrogated for parents but remained established for non-inheriting relatives, and explains that this view contradicts the Sunnah and consensus. He cites the hadith of ‘Imran ibn Husayn about the man who freed six slaves at his death: the Prophet ﷺ divided them into three parts, freed two, and kept four in slavery. He explains that this shows that a bequest to non-relatives is also permissible.
- The bequest is limited to one third of the estate: Imam al-Shafi’i explains that a bequest is permissible only within one third of the estate, and whatever exceeds one third is not executed except with the heirs’ consent. He cites the hadith: “One third, and one third is a lot.”
- Ruling out istis’a’ in this case: Imam al-Shafi’i explains that the hadith of ‘Imran ibn Husayn shows that istis’a’ (having a partly freed slave work to buy the rest of his freedom) does not apply in this particular case, namely freeing all one’s slaves at death, since the Prophet ﷺ divided them by lot and did not order any of them to work for his freedom. As for istis’a’ in other cases, such as freeing part of a slave during one’s lifetime, it is established by other evidence.
- Casting lots in dividing rights: Imam al-Shafi’i explains that casting lots is used in dividing rights when mutual agreement or distinguishing between them by another means is not possible.
- The bequest to non-inheriting relatives: Imam al-Shafi’i explains that a bequest is permissible to non-inheriting relatives and to non-relatives as well, and that this is the position of the majority of scholars. He explains that the view of an obligatory bequest (wasiyyah wajibah) for grandchildren is a newly invented view with no evidence for it.
- The abrogating and the abrogated in the Qur’an: Imam al-Shafi’i points out that there are other examples of the abrogating and the abrogated in the Qur’an, and that what he mentioned here is an example by which one may infer what is of the same kind.
- The obligation of following the Sunnah: Imam al-Shafi’i affirms the obligation of following the Prophetic Sunnah, that it clarifies the Book of Allah the Exalted, and that it never contradicts it. He explains that clarification comes in multiple ways, and that the people of knowledge reconcile the evidence and understand it correctly.
- The penalty for a slave who commits fornication (reaffirmed and detailed): Imam al-Shafi’i again mentions the penalty for a slave who commits fornication, explaining that it is half the penalty of a free person, that is, fifty lashes, and that 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.” He refutes those who interpreted ihsan as marriage, explaining that this contradicts the general wording of the hadith.
Additional clarifications:
- The importance of consensus in inference: Imam al-Shafi’i explains the importance of consensus in inference, and that consensus may raise a weak hadith to the level of acceptance and practice.
- The difference between mutawatir, mustafid, and mashhur: A mutawatir report is one narrated by a large group from a large group, such that their agreeing upon a lie is impossible. A mustafid report is one narrated by a large number at one level of the chain, after which their number decreases at another level. A mashhur report is one narrated by one or two people that then became well known among people.
Summary:
In this section Imam al-Shafi’i continues to clarify the issue of abrogation, presents examples from the Qur’an, the Sunnah, and consensus, 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, and the importance of consensus in inference.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami