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 analogy:
In this section Imam al-Shafi’i takes up the chapter on analogy (qiyas). He explains its meaning, its divisions, its pillars, and its conditions; the difference between it and independent legal reasoning (ijtihad); and the kinds of knowledge and their degrees in terms of certainty and probability. He also answers some questions related to analogy.
The main points Imam al-Shafi’i addressed in this section:
- The meaning of analogy: Imam al-Shafi’i explains that analogy is seeking an indication of the way of truth in an issue on which no text has come from the Book, the Sunnah, or consensus, and this is done through ijtihad. Analogy is not a text in itself; rather, it is inferring the legal ruling by likening an issue on which no text has come to an issue on which a text has come, because they share an effective cause (‘illa) or an operative attribute.
- The difference between analogy and ijtihad: Imam al-Shafi’i explains that analogy and ijtihad are two words for one meaning, although analogy is one of the tools of ijtihad. Ijtihad is broader than analogy, since it covers exerting effort to know the legal ruling by all means, such as reconciling texts, giving preference among them, the presumption of continuity (istishab), and juristic preference (istihsan), whereas analogy is specific to joining one issue to another because of a shared effective cause.
- The pillars of analogy: Imam al-Shafi’i implicitly points to the four pillars of analogy: the original case (asl, that on which the analogy is drawn), the new case (far’, that which is drawn by analogy), the effective cause (‘illa, the shared attribute), and the ruling (hukm, that which is drawn by analogy).
- The conditions of analogy: Imam al-Shafi’i implicitly points to some of the conditions of analogy, such as the existence of an effective cause shared between the original case and the new case, and that the analogy not contradict a text or consensus.
- The divisions of analogy: Imam al-Shafi’i explains that analogy has two divisions:
- Analogy in the meaning of the original case (analogy of the effective cause, qiyas al-‘illa): This is where the new case contains the meaning of the original case, that is, the effective cause is present in the new case with the same strength as in the original case, or stronger. Scholars generally do not differ over this kind of analogy.
- Analogy by resemblance (qiyas al-shabah): This is where the new case resembles the original case in some respects, but the effective cause is not definitive. Scholars may differ over this kind of analogy.
- The kinds of knowledge and their degrees: Imam al-Shafi’i explains that knowledge has aspects and degrees that vary in strength and clarity:
- Comprehensive knowledge, outwardly and inwardly: This is definitive, certain knowledge that admits no doubt, such as knowledge of the texts of the Book, the mass-transmitted Sunnah, and the consensus known of the religion by necessity. This knowledge requires acting on it with certainty.
- Knowledge of the truth outwardly but not inwardly: This is probable knowledge whose correctness is most likely, but which may be mistaken in reality, such as knowledge from the solitary report and sound analogy. This knowledge requires acting on it outwardly, but one does not assert with certainty that it corresponds to reality.
- Examples of the kinds of knowledge: Imam al-Shafi’i gives examples to clarify the kinds of knowledge:
- Facing the Ka’ba in the Sacred Mosque: This is regarded as comprehensive knowledge, outwardly and inwardly, since the one praying sees the Ka’ba directly in front of him.
- Facing the qibla in a place far from the Ka’ba: This is regarded as knowledge of the truth outwardly but not inwardly, since the one praying exerts effort to determine the direction of the qibla, but may be mistaken in reality.
- The obligation of the prayers, zakat, and the prescribed penalties (hudud): This is regarded as comprehensive knowledge, outwardly and inwardly, since definitive texts have come establishing their obligation.
- Analogy with wheat for the obligation of zakat on rice: This is regarded as knowledge of the truth outwardly but not inwardly, since rice is joined to wheat because of a shared effective cause, but scholars may differ over the soundness of this analogy.
- Flogging the fornicator and the false accuser, executing the apostate, and amputating the hand of the thief: This is regarded as comprehensive knowledge outwardly, since the ruling is carried out on the basis of the apparent evidence, though there may be an error in reality.
- Answers to some questions about analogy: Imam al-Shafi’i answers some questions related to analogy:
- May scholars differ in analogy? He answers that they may differ in analogy, and each of them is excused, because the clarity of the proof in analogy is not like the clarity of a text, and disagreement in analogy is acceptable so long as it does not contradict a text or consensus.
- Are scholars charged with analogy according to the outward and not the inward? He answers that they are charged with acting on what has become apparent to them of the truth through ijtihad and analogy, but they do not assert with certainty that it corresponds to reality.
- Does what scholars are charged with for themselves differ from what they are charged with regarding others? He answers that the default is agreement in what is charged, but they may differ in some issues of ijtihad, and each of them is excused.
- Examples of the Prophet ﷺ using analogy: Imam al-Shafi’i mentions examples of the Prophet ﷺ using analogy, such as his saying, “If your mother had owed a debt, would you have paid it off?”, and his saying to the man who wanted to disown his child, “Do you have camels?” This shows that it is permissible to use analogy in deriving legal rulings.
- The indication of the texts for analogy: Imam al-Shafi’i explains that the texts of the Book and the Sunnah indicate the permissibility of taking lessons (i’tibar) and of analogy, as in the statement of the Exalted: “So take warning, O people of vision” (al-Hashr 59:2), and that the Balance which Allah sent down with the Book is not specific to things perceived by the senses, but includes things grasped by the intellect as well.
- The consensus of the Companions on using analogy: Imam al-Shafi’i points to the consensus of the Companions on using analogy in matters on which no text has come, and mentions as an example the issue of proportional reduction (‘awl) in inheritance.
Additional clarifications:
- Ijtihad: Exerting effort to know the legal ruling.
- Istishab: The continuation of the previous ruling so long as no proof comes to change it.
- Istihsan: Departing from one analogy to a stronger analogy, or for a preponderant benefit.
- Unrestricted benefit (al-maslaha al-mursala): A benefit for which the Sharia has not testified, by a specific text, either to its consideration or to its cancellation.
- Al-‘awl: The excess of the number of the fixed-share heirs in inheritance over the whole.
Final summary:
In this section Imam al-Shafi’i explains the meaning of analogy, its divisions, pillars, and conditions; the difference between it and ijtihad; and the kinds of knowledge and their degrees. He stresses the importance of analogy as one of the legal proofs for deriving rulings where no text has come, and that scholars may differ in analogy, each of them being excused so long as he has exerted his effort and adhered to the principles of sound analogy.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami