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 chapter on consensus:
In this section Imam al-Shafi’i takes up the chapter on consensus (ijma’). He explains its meaning, its authority, its kinds, and its divisions, and answers some of the doubts raised about it, stressing that consensus is a definitive legal proof when its conditions are met.
The main points Imam al-Shafi’i addressed in this section:
- The meaning of consensus: Imam al-Shafi’i explains that consensus is the agreement of the scholars of the Muslims on a legal ruling, and that this agreement only ever arises from a legal proof: either a text of the Book or the Sunnah, an understanding of the general scope of a verse, or an analogy whose soundness they agreed upon. He stresses that consensus does not create a new ruling; rather, it reveals the existence of a legal proof.
- The authority of consensus: Imam al-Shafi’i stresses that consensus is a definitive legal proof and that contradicting consensus is prohibited. He argues for this from the statement of the Exalted: “And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination” (al-Nisa’ 4:115), and from the statement of the Prophet ﷺ: “A group of my Ummah will continue to prevail upon the truth.” He explains that the Ummah’s agreeing on a matter shows that it is the truth, because the victorious group (al-ta’ifa al-mansura) is part of the Ummah.
- The kinds of consensus: Imam al-Shafi’i explains that consensus is of two kinds:
- Consensus transmitted as a report from the Messenger of Allah ﷺ: This kind is as strong as a text, such as what they agreed upon in the matter of the qirat in mudaraba (silent partnership).
- Consensus not related as a report from the Messenger of Allah ﷺ: This kind may have arisen from a text that has not reached us, from an understanding of the general scope of a verse, or from an analogy whose soundness they agreed upon.
- The divisions of consensus in terms of certainty and probability: Imam al-Shafi’i explains that consensus is divided, in terms of certainty and probability, into three divisions:
- Consensus known of the religion by necessity: This kind is definitive, and contradicting it is disbelief, such as the obligation of the five prayers and the fast of Ramadan, and the prohibition of fornication and usury (riba).
- Consensus held as certain by the specialists: This kind is definitive among the people of knowledge, and contradicting it is innovation and misguidance, such as the consensus on the prohibition of marrying a woman together with her paternal aunt, or a woman together with her maternal aunt.
- Probable consensus: This kind is transmitted by individual scholars, and some later scholars may differ over it. This kind is a probable proof: whoever knows of it is obliged to act on it, but whoever contradicts it is not declared misguided, because the proof may not have reached him.
- Response to doubts about consensus: Imam al-Shafi’i responds to some of the doubts raised about consensus:
- The doubt that consensus creates a new ruling: Imam al-Shafi’i responds to this doubt and stresses that consensus does not create a new ruling; rather, it reveals the existence of a legal proof.
- The doubt that consensus may contradict the Sunnah: Imam al-Shafi’i responds to this doubt and stresses that consensus cannot contradict the Sunnah, because consensus rests on a legal proof, and the Sunnah is among the most important of the legal proofs.
- The doubt that Imam Ahmad denied consensus: Imam al-Shafi’i responds to this doubt and explains that Imam Ahmad did not deny consensus as a proof; rather, he objected to claiming consensus in issues where the claimant had not traced the statements of the scholars.
- The importance of consensus in understanding the texts: Imam al-Shafi’i explains that consensus has great importance in understanding the texts, as it removes the possibilities that may attach to the apparent meanings of the texts and confirms their meanings. He gives an example of this in the statement of the Exalted, “And establish prayer” (al-Baqarah 2:43), and the statement of the Exalted, “So whoever sights [the new moon of] the month, let him fast it” (al-Baqarah 2:185), since consensus is established on the obligation of the five prayers and the fast of Ramadan.
- The difference between consensus known of the religion by necessity and other consensus: Imam al-Shafi’i explains the difference between consensus known of the religion by necessity and other consensus: contradicting the former is disbelief, whereas contradicting the latter is innovation and misguidance, and the one who contradicts it may become a disbeliever if the proof has been established against him.
- Response to those who deny the authority of consensus altogether: Imam al-Shafi’i responds to those who deny the authority of consensus altogether, and explains that this view is false, and that consensus is a definitive proof over which there is no disagreement among the people of knowledge.
- Consensus according to Shaykh al-Islam Ibn Taymiyya: It is mentioned that Shaykh al-Islam Ibn Taymiyya holds that consensus is the consensus of the Companions, whereas the correct view is that it is the consensus of the early scholars of the first three generations, and of those after them when trustworthy people of knowledge transmit it.
Additional clarifications:
- The qirat in mudaraba: This refers to the scholars’ agreement on the permissibility of mudaraba, even though there is no explicit text on it; rather, it is from the practice of the Companions and the tacit approval of the Prophet ﷺ.
- The six categories in usury: This refers to the six categories mentioned in the hadith of ‘Ubada ibn al-Samit on usury: gold, silver, wheat, barley, dates, and salt.
- Al-Jabiya: A place in Syria where ‘Umar ibn al-Khattab, may Allah be pleased with him, delivered a sermon.
- Buhbuhat al-janna: That is, the middle of Paradise and the best of it.
- Al-fadhdh: The one who isolates himself from the community (jama’a).
Final summary:
In this section Imam al-Shafi’i explains the meaning of consensus, its authority, its kinds, and its divisions, and answers the doubts raised about it. He stresses that it is a definitive legal proof when its conditions are met, that contradicting consensus is prohibited, and that consensus has great importance in understanding the texts and removing the possibilities that may attach to them.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami