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: Analogy based on the sunnahs of the Messenger of Allah ﷺ:
In this section Imam al-Shafi’i deals with the issue of analogy in the Islamic Shariah, its conditions, and how it is used, focusing on the relationship between command and prohibition and on dealing with conflicting general texts.
The main points Imam al-Shafi’i addressed in this section:
- Commands indicate obligation and prohibitions indicate prohibition: Imam al-Shafi’i establishes that the default meaning of a command is obligation, and the default meaning of a prohibition is that the thing is forbidden, unless an indication diverts them from that. He cites the saying of Allah the Exalted: “And whatever the Messenger has given you - take; and what he has forbidden you - refrain from” (al-Hashr 59:7), and the saying of the Prophet ﷺ: “Whatever I command you, do of it what you are able, and whatever I forbid you, refrain from it.” He explains that mentioning “what you are able” with commands does not indicate choice; rather, it indicates that one is not burdened with what one cannot do, and that it is not mentioned with prohibitions because refraining does not, in principle, require ability.
- The basis of analogy and its forms: Imam al-Shafi’i explains that analogy has two bases:
- Analogy of meaning (ratio legis): This is analogy based on the meaning by which Allah has charged His creation with worship, and which the Messenger ﷺ indicated, whether by explicit text, by allusion, or by repeating the ruling. He gives examples of this: drawing an analogy from gold and silver to paper money in the obligation of zakah and the prohibition of usury; from wheat to rice in the obligation of zakah; and from sculpting to drawing in the prohibition of imitating Allah’s creation.
- Analogy of resemblance (not drawing analogy from an exception): This is where Allah makes something lawful in general and prohibits a specific thing within it; no analogy is drawn from that prohibited thing, because the basic rule is permissibility. He gives examples of this: no analogy is drawn from swine to other grazing livestock in prohibition; no analogy is drawn from ‘araya to other sales of fresh dates for dried dates; no analogy is drawn from the four fingers’ width of silk permitted for men to more than four; and no analogy is drawn from voluntary prayer to obligatory prayer while travelling in permitting prayer facing other than the qiblah.
- Conditions of sound analogy: Imam al-Shafi’i explains that sound analogy has conditions:
- A shared ratio legis between the original case and the new case: This is the effective attribute connected with the ruling.
- No text concerning the new case: Analogy is not resorted to where there is a text from the Book, the Sunnah, or consensus.
- The analogy does not contradict a text or consensus: Analogy may not oppose an authentic text or established consensus.
- Reconciling general texts that appear to conflict: Imam al-Shafi’i explains that if two general texts conflict, they must be reconciled wherever possible, by specifying one by the other, by interpreting one in one sense and the other in another sense, or by preferring one over the other on the basis of evidence. He explains that generality has degrees in its indication, and that a general statement made for the sake of generality differs from a general statement made for some other purpose. He gives the example of the Prophet’s saying ﷺ: “On what is watered by the sky, one tenth,” where the generality here was stated to explain the difference between what is watered by the sky and what is watered by machine, not to state everything on which zakah is due.
- Analogy does not oppose the text: Imam al-Shafi’i affirms that it is not permissible to oppose an established hadith of the Messenger of Allah ﷺ by analogy, and that analogy is used only in the absence of a text. He explains that the imams do not intentionally oppose the Sunnah; rather, they may be unaware of it, overlook it, err in interpreting it, not have received it, or have received it through a weak route.
- Preferring between conflicting hadiths (reaffirmed): Imam al-Shafi’i explains that if two hadiths cannot be reconciled, one resorts to preferring one of them, either because one is established and the other is not, or because there is an established indication from the Book of Allah, the Sunnah of His Prophet ﷺ, or supporting evidence in favor of one of the two hadiths. He explains that a hadith’s weakness may arise from its chain or from its text, when it contradicts a more reliable narrator.
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 (reaffirmed): 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 sets out important principles for understanding the relationship of the Sunnah to the Qur’an, clarifies how to deal with hadiths that appear to conflict, and affirms the obligation of following the Sunnah, and that it clarifies, details, qualifies, and specifies the Qur’an. He warns against opposing the Sunnah or placing 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