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Chapter: Defects ('Ilal) in Hadith, Continued (3)

Through examples on marriage, wiping over leather socks, predatory animals, and sales, al-Shafi'i shows that the Sunnah clarifies, qualifies, and specifies the Qur'an without ever contradicting it.

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.

The Sunnah that clarifies the Qur’an:

In this section Imam al-Shafi’i deals with an important issue in usul al-fiqh: that the Prophetic Sunnah clarifies, details, qualifies, and specifies the Noble Qur’an, and that this is not a contradiction of the Qur’an but a clarification of what Allah the Exalted intends.

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

  • The example of the prohibition of combining a woman with her paternal or maternal aunt: Imam al-Shafi’i gives an example of the Sunnah specifying the generality of the Qur’an: the saying of Allah the Exalted, “And lawful to you are [all others] beyond these” (al-Nisa’ 4:24). The outward sense of the verse is general, but the Sunnah made clear that it is not permissible to combine a woman with her paternal or maternal aunt in marriage. He affirms the scholars’ consensus on following this hadith, and that it is a proof against whoever rejects the solitary report (khabar al-wahid) and against whoever accepts part of a hadith and leaves part of it. He points out that this hadith was narrated from Abu Hurayrah and Jabir, and that the nation received it with acceptance, so it yields reasoned knowledge (‘ilm nazari) for whoever it reaches, and whoever opposes it after the proof has reached him is deemed an innovator.
  • The meaning of the saying of Allah the Exalted “And lawful to you are [all others] beyond these”: Imam al-Shafi’i explains that the meaning of this verse is not unrestricted permission for everything other than those mentioned in the verses of prohibition; rather, its meaning is the permission of what lies beyond them in the manner in which Allah made them lawful, that is, with the legal conditions, such as the presence of a guardian and witnesses and so on, and without combining women who are within the prohibited degrees of one another.
  • The example of wiping over leather socks: Imam al-Shafi’i gives another example of the Sunnah clarifying the Qur’an: the issue of wiping over leather socks, where Allah the Exalted said: “and wipe over your heads and wash your feet to the ankles” (al-Ma’idah 5:6). The outward sense of the verse is the obligation of washing the feet, but the Sunnah made clear that this is a general statement intended as specific: wiping over leather socks is prescribed only when wearing them, and washing is obligatory when not wearing them. He explains that the reading wa arjulikum (in the genitive) does not contradict this; rather, it supports that wiping is done on the feet when leather socks are on them. He explains that the saying of Allah the Exalted, “when you rise to [perform] prayer, wash,” means when you rise in a state of minor impurity; so the Sunnah made clear that whoever is already in a state of purity is not required to wash.
  • The example of the prohibition of every predatory animal with fangs: Imam al-Shafi’i gives another example: the prohibition of every predatory animal with fangs, where Allah the Exalted said: “Say, ‘I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure - or it be [that slaughtered in] disobedience, dedicated to other than Allah’” (al-An’am 6:145). The outward sense of the verse restricts the prohibited foods to those mentioned, but the Sunnah specified this generality by prohibiting every predatory animal with fangs. He explains that this specification is permissible, and that the verse may be intended to clarify what was being eaten at that time, or what the Prophet ﷺ was asked about of prohibited foods at that time, after which the Sunnah came and clarified other prohibited things. He points out that some of the Salaf may have called this specification abrogation, but in reality it is a specification of the verse’s generality. He explains that the correct view on this issue is that the verse was general at the time of its revelation and was then specified by the clarification of the Sunnah.
  • The example of the prohibition of certain sales: Imam al-Shafi’i gives another example: the prohibition of certain sales, such as usury, where Allah the Exalted said: “But Allah has permitted trade and has forbidden interest” (al-Baqarah 2:275), and said: “do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent” (al-Nisa’ 4:29). The outward sense of the verses is the general permission of sale, but the Sunnah clarified the prohibition of certain sales, such as usury; so the Sunnah made clear that the sale Allah made lawful is the sale free of usury and excessive uncertainty (gharar).
  • The Sunnah does not contradict the Qur’an: Imam al-Shafi’i affirms that the Sunnah never contradicts the Qur’an in any way; rather, it clarifies it, details its summary statements, qualifies its unrestricted statements, and specifies its general statements, and that this is the meaning of 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).

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, and shows through examples that the Sunnah clarifies, details, qualifies, and specifies the Qur’an, and that this is not a contradiction of the Qur’an but a clarification of what Allah the Exalted intends. He affirms the obligation of following the Sunnah and acting upon it.

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