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 the question of the prohibition of praying at the prohibited times, showing his method of reconciling hadiths that appear to conflict, or of 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 of a matter may be explained in another hadith, and that the default is to take hadiths according to their generality until a proof comes for specification or interpretation.
- The prohibition of praying at the prohibited times: Imam al-Shafi’i sets out the disagreement of the hadiths forbidding prayer after ‘Asr until the sun sets, after Subh until the sun rises, at the rising of the sun and at its setting, and when it is at its zenith. He shows that the prohibition bears two meanings: a prohibition of all prayers, or a prohibition of some of them and not others. He shows that prayers divide into obligatory prayers and voluntary ones, and that the obligatory differ from the supererogatory both in travel and at home.
- Reconciling the hadiths of prohibition with the hadiths on catching and making up prayers: Imam al-Shafi’i shows how to reconcile the hadiths forbidding prayer at these times with the hadith “Whoever catches one rak’ah of Subh before the sun rises has caught Subh,” and the hadith “Whoever forgets a prayer, let him pray it when he remembers it.” He shows that the reconciliation is to apply the prohibition to voluntary prayers that are not binding, whereas obligatory prayers and prayers that have a cause, such as making up missed prayers, the two rak’ahs of circumambulation (tawaf), and the funeral prayer, may be prayed at these times. He uses the hadith of catching the prayer as proof that the prohibition is not general, since it is inconceivable that a person should be catching a prayer at a time in which it is prohibited. He considers it preponderant that “Whoever forgets a prayer, let him pray it when he remembers it” is general and includes all times, and that this generality conflicts with the generality of the prohibition of praying at these times.
- The statements of the Companions on the two rak’ahs of tawaf: Imam al-Shafi’i sets out the disagreement of the Companions about praying the two rak’ahs of tawaf after Subh and after ‘Asr: ‘Umar and Abu Sa’id left them until the sun had risen, whereas Ibn ‘Umar, Ibn ‘Abbas, ‘A’ishah, al-Hasan, and al-Husayn prayed them at these times. He shows that their disagreement indicates that there is latitude in the matter: whoever left them did so by his own independent reasoning (ijtihad), and whoever prayed them did so because he knew it was permissible. He affirms that what is established from the Messenger of Allah ﷺ is binding upon everyone who knows it, and is not to be opposed by the statement or action of any of the Companions.
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 general and the specific (clarification): The general (‘amm) is a term that includes all the members of its kind, such as the statement “He forbade prayer at these times.” The specific (khass) is a term that includes some of the members of its kind, such as applying the prohibition to voluntary prayers and not to obligatory ones.
- The rule “A general term is taken according to its generality as long as nothing specifying it has come” (clarification): This is a rule of legal theory stating that a general term is applied to all of its members as long as no proof has come that specifies it to some of them.
- The prohibited times (clarification): The prohibited times are the times in which praying has been forbidden. They are: after the Fajr prayer until the sun rises; at the rising of the sun until it has risen the height of a spear; when the sun is at its zenith in the middle of the sky until it passes the meridian; after the ‘Asr prayer until the sun sets; and at the setting of the sun until it has set completely.
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 the question of the prohibition of praying at the prohibited times, and shows that the prohibition applies to voluntary prayers that are not binding, while obligatory prayers and prayers that have a cause may be prayed at these times. 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. He also affirms that what is established from the Messenger of Allah ﷺ takes precedence over the statement or action of any of the Companions.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami