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 and giving preference between hadiths:
In this section Imam al-Shafi’i deals with questions relating to the prohibition of proposing marriage over another person’s proposal and of selling over another person’s sale, showing his method of reconciling the hadiths or giving preference between them when reconciliation is impossible.
The main points Imam al-Shafi’i dealt with in this section:
- An introduction to al-Shafi’i’s method of dealing with disagreeing hadiths: It shows that a prohibition may come in unqualified form, and then another hadith makes clear the reason (‘illah) for which the Prophet ﷺ prohibited it; in this way it becomes known that the ruling turns on its explicitly stated reason.
- Proposing over another’s proposal: Imam al-Shafi’i shows that the prohibition of proposing over another’s proposal, reported in the hadith of Abu Hurayrah and Ibn ‘Umar, applies to the situation in which the woman or her guardian has consented and given permission, and the matter has become settled between the first suitor and the woman proposed to. He proves this with the hadith of Fatimah bint Qays: Mu’awiyah and Abu Jahl proposed to her, then the Prophet ﷺ proposed to her on behalf of Usamah, and he did not forbid her from that. This indicates that the prohibition is specific to the situation in which consent and permission have been given to the first suitor. He shows that the wisdom in this is to prevent the harm and damage that could befall the first suitor and the woman if she were to go back on her initial agreement because of a second proposal. He responds to the view that the woman’s merely inclining towards the first suitor makes it forbidden to propose to her, showing that what counts is explicit consent and permission from the woman or her guardian.
- Selling over another’s sale: Imam al-Shafi’i shows that the prohibition of selling over another’s sale applies to the situation of the option of the session (khiyar al-majlis), that is, before the two parties to the sale have separated. He proves the option of the session with the hadith “The two parties to a sale each have the option against the other as long as they have not separated.” He shows that the wisdom in the prohibition is to prevent the harm that could befall the seller and the buyer if another person came and offered better goods, or goods at a lower price, before the option of the session had ended. He responds to those who deny the option of the session, showing that the prohibition of selling over another’s sale has no meaning except where the option of the session exists. He shows that selling by auction (bay’ man yazid) is permissible if the seller has not accepted the first price. He refers to the hadith “Let none of you bargain over the bargaining of his brother,” showing that it resembles the prohibition of proposing over another’s proposal, that is, it applies to the situation in which the seller and the buyer have consented to each other and agreed, before the contract is concluded.
Additional clarifications:
- The importance of the Sunnah in legislation (reaffirmed): Imam al-Shafi’i shows the importance of the Prophetic Sunnah in Islamic legislation: it is the second source after the Noble Qur’an, and it clarifies the Qur’an, details it, restricts it, and specifies it.
- The kinds of clarification (bayan) (reaffirmed): Imam al-Shafi’i indicates that clarification takes many forms, such as restriction, specification, detailing, and elucidation.
- The difference between the unqualified and the qualified (clarification): The unqualified (mutlaq) is a term that indicates the essence of a thing without any qualification, such as his saying, “Let none of you propose over the proposal of his brother.” The qualified (muqayyad) is a term that indicates the essence of a thing with a qualification, such as applying the prohibition to the situation of consent and permission.
- The difference between the option of the session and the stipulated option (clarification): The option of the session (khiyar al-majlis) is the right of the two parties to a sale to annul it as long as they have not physically separated. The stipulated option (khiyar al-shart) is the right of one or both parties to annul the sale within a known period that he stipulates.
- Bargaining (al-sawm) (clarification): Bargaining is the negotiation over the price of goods between the seller and the buyer.
Final summary:
In this section Imam al-Shafi’i shows his method of dealing with disagreeing hadiths: reconciling them whenever possible, or giving preference when reconciliation is impossible. He applies this method to two questions: proposing over another’s proposal, and selling over another’s sale. He shows that in both questions the prohibition applies to the situation in which the parties have consented and agreed with one another before the contract is concluded. He stresses the importance of understanding the Prophetic Sunnah and acting upon it, and that it clarifies the Qur’an, details it, restricts it, and specifies it.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami