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.
Reconciling verses that appear to conflict:
In this section Imam al-Shafi’i deals with how to reconcile verses that appear to conflict in their generality. He presents examples from the Noble Qur’an and explains how they are harmonised through the Sunnah.
The main points Imam al-Shafi’i addressed in this section:
- The waiting period of a pregnant widow: Imam al-Shafi’i explains how to reconcile the generality of the saying of Allah the Exalted: “And for those who are pregnant, their term is until they give birth” (al-Talaq 65:4), with the generality of His saying on the waiting period of a widow: “they, [the wives, shall] wait four months and ten [days]” (al-Baqarah 2:234). He clarifies that the Sunnah showed that the waiting period of a pregnant widow is the later of the two terms: either giving birth, or four months and ten days. He cites the hadith of Subay’ah bint al-Harith, who gave birth a few days after her husband’s death, whereupon the Prophet ﷺ told her she could marry. He explains that this hadith specifies the generality of the verse on the widow’s waiting period, and explains that the waiting period of a divorced woman, three menstrual cycles (quru’), and that of a woman past menstruation, three months, likewise apply to women who are not pregnant.
- The prohibition of marrying two sisters at the same time: Imam al-Shafi’i explains how to reconcile the generality of the saying of Allah the Exalted: “And lawful to you are [all others] beyond these” (al-Nisa’ 4:24), with His saying: “and that you take [in marriage] two sisters simultaneously, except for what has already occurred” (al-Nisa’ 4:23). He clarifies that the general permission is restricted by the prohibition of combining two sisters, and that this restriction is established by Qur’anic text. He explains that the prohibition of combining two sisters is not like the prohibition of one’s mother or daughter: the sister is not permanently prohibited; rather, the prohibition ends when her sister’s marriage ends. He explains that the Sunnah made clear that this prohibition also includes combining a woman with her paternal or maternal aunt.
- The generality of the Qur’an and its specification by the Sunnah: Imam al-Shafi’i affirms that the Sunnah specifies the generality of the Qur’an, and that this is part of the Sunnah’s standing in relation to the Book. He explains that general statements in the Qur’an may be intended as specific, and that the Sunnah comes to clarify this specificity.
- Conditions of a valid marriage: Imam al-Shafi’i points out that a valid marriage has conditions, such as the presence of a guardian (wali) and witnesses and the completion of any waiting period, and that the general permission in the saying of Allah the Exalted, “And lawful to you are [all others] beyond these,” is restricted by these conditions.
- Refuting those who allow the Book to be specified by opinion or consensus: Imam al-Shafi’i affirms that no one other than the Messenger ﷺ may specify the Book of Allah, qualify its unrestricted statements, or make anything obligatory or forbidden of his own accord, neither the Companions nor consensus. He explains that if consensus is established as specifying or qualifying, it shows that the Messenger ﷺ had clarified this and the Companions transmitted it, but by a route other than the chain of narration, such as widespread transmission and consensus.
- Everyone’s words and deeds must follow the Book and the Sunnah: Imam al-Shafi’i stresses that everyone’s words and deeds must be made subordinate to the Book of Allah and then to the Sunnah of His Messenger ﷺ, and that there is no one who may contradict them, not even Jesus son of Mary (peace be upon him).
- Mentioning the Book before the Sunnah out of courtesy (reaffirmed): Imam al-Shafi’i affirms that when the Book and the Sunnah are mentioned, the Book is placed before the Sunnah out of courtesy toward it, not to diminish the standing of the Sunnah.
- A scholar retracts his view when the Sunnah becomes clear to him (reaffirmed): Imam al-Shafi’i affirms that any scholar from whom a view is reported that contradicts something the Messenger ﷺ established as Sunnah would not have contradicted it had he known the Sunnah of the Messenger of Allah, and would have retracted his view in favor of it.
Additional clarifications:
- The importance of the Sunnah in legislation (reaffirmed): Imam al-Shafi’i explains the importance of the Prophetic Sunnah in Islamic legislation: it is the second source after the Noble Qur’an, and it clarifies, details, qualifies, and specifies the Qur’an.
- Kinds of clarification (reaffirmed): Imam al-Shafi’i points out that clarification comes in multiple ways, such as qualification, specification, detailing, and explanation.
- The difference between transmission by chain, by mass transmission, by widespread report, and by consensus (reaffirmed): Imam al-Shafi’i explains that the religion is transmitted from the Messenger ﷺ in multiple ways, such as transmission by chain of narration, mass transmission, widespread report, and consensus.
- Analogy in the Shariah: Imam al-Shafi’i points to analogy as one of the sources of legislation, explaining that it is used to derive rulings from the legal texts.
Summary:
In this section Imam al-Shafi’i explains how to reconcile verses that appear to conflict, presents examples from the Noble Qur’an, and shows how they are harmonised through the Sunnah. He affirms the importance of the Prophetic Sunnah in Islamic legislation, and that it clarifies, details, qualifies, and specifies the Qur’an. He explains that it is impermissible to oppose the Sunnah or to place opinion before it, and clarifies the ways in which the religion is transmitted from the Messenger ﷺ.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami