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 ijtihad:
In this section Imam al-Shafi’i deals with the chapter on independent legal reasoning (ijtihad). He explains its concept, the meaning of “every mujtahid is correct,” and the categories of those who exercise ijtihad (mujtahids), and he gives some applied examples. He focuses on the points that ijtihad takes place where there is no explicit text, that the mujtahid is held responsible for what his ijtihad leads him to, and that the meaning of “every mujtahid is correct” is not that all contradictory opinions are correct; rather, it means that the mujtahid has done what was required of him in exerting effort.
The main points Imam al-Shafi’i addressed in this section:
- The proof for ijtihad: Imam al-Shafi’i cites as proof of the legitimacy of ijtihad the saying of Allah the Exalted: “And from wherever you go out [for prayer, O Muhammad], turn your face toward al-Masjid al-Haram. And wherever you [believers] may be, turn your faces toward it” (al-Baqarah 2:150). He explains that the command to turn toward the direction (shatr) of al-Masjid al-Haram indicates ijtihad when one cannot see it directly.
- The meaning of “every mujtahid is correct”: Imam al-Shafi’i explains that the meaning of “every mujtahid is correct” is not that all contradictory opinions are correct; rather, it means that the mujtahid has done what was required of him in exerting effort to seek the truth, and that he is correct in his ijtihad, though not necessarily correct about the truth as it actually is. He warns against the mistaken understanding of this phrase that leads to deeming all contradictory opinions correct and to treating forbidden things as permissible.
- The categories of mujtahids: Imam al-Shafi’i points out that the mujtahid may arrive at the truth and receive two rewards, or he may miss it and receive one reward, and that the error here is forgiven as long as the ijtihad was built upon exerting effort and seeking the truth.
- The categories of people in relation to ijtihad: Imam al-Shafi’i explains that people are of three categories in relation to ijtihad:
- The absolute mujtahid (al-mujtahid al-mutlaq): the one who is able to derive rulings from the legal proofs by himself.
- The following mujtahid (al-mujtahid al-muqallid): the one who exercises ijtihad in choosing one of the views of the other mujtahids on the basis of the proofs.
- The layperson (al-‘ammi): the one who is unable to exercise ijtihad, and so he is obliged to follow (taqlid) whomever he trusts among the scholars.
- The duty of the layperson when the scholars differ: Imam al-Shafi’i explains that if the scholars differ before the layperson, he follows the one he trusts most; if they do not differ, he has no option but to follow them; if he asks one of them, that is permissible for him, and he is not obliged to ask the same scholar every time.
- Blameworthy partisanship: Imam al-Shafi’i warns against blameworthy partisanship (ta’assub), which is insisting on a particular view even when the proof has shown otherwise. He explains that if a clear proof from the Book or the Sunnah becomes evident to the layperson, he is obliged to follow it, and it is not permissible for him to follow anyone who contradicts it.
- Applied examples: Imam al-Shafi’i gives applied examples to clarify some issues related to ijtihad:
- The qiblah: He explains that whoever faces the qiblah by ijtihad is correct in his ijtihad, whether he hits the exact qiblah or misses it, and that whoever sees the Ka’bah directly is obliged to face it exactly.
- Testimonies and analogy: He explains that judgment is made on the apparent basis of testimonies and analogy (qiyas), with the possibility of an error in what is hidden.
- Confession, evidence, and the oath: He explains the differing strength of these proofs, and that the ruling may differ according to them.
- Game in the Sanctuary: He explains how the compensation for killing game in the Sanctuary (Haram) is assessed by analogy with livestock, and that the assessment is by the animal’s body, not by its value.
- Probity: He explains that a judgment of probity (‘adalah) is made on the basis of what is apparent, with the possibility of some shortcoming in what is hidden.
- Refuting those who permit picking and choosing among the views of the scholars: Imam al-Shafi’i refutes those who permit the layperson to pick among the views of the scholars whatever agrees with his desires. He explains that this is false, and that what is obligatory upon the layperson is to ask the people of the Reminder (ahl al-dhikr) about the ruling of the Shariah.
- The difference between acceptable and unacceptable disagreement: Imam al-Shafi’i explains that acceptable disagreement (al-khilaf al-sa’igh) is that which does not contradict a text of the Book or the Sunnah, consensus, or obvious analogy (qiyas jali), and that the mujtahid in it is rewarded whether he is right or wrong; and that unacceptable disagreement is that which contradicts a text or consensus, and it is rejected.
Additional clarifications:
- The direction (shatr) of al-Masjid al-Haram: the direction of the Ka’bah.
- Al-‘asib: palm stalks.
- The stars, the sun, the east, and the west: indicators by which the direction of the qiblah is inferred.
- Al-dhikr (the Reminder): the Qur’an and the Sunnah.
- Al-‘awl (proportional reduction): when the shares of the fixed-share heirs in inheritance add up to more than one whole.
Final summary:
In this section Imam al-Shafi’i explains the concept of ijtihad, the meaning of “every mujtahid is correct,” the categories of mujtahids, and the duty of the layperson when the scholars differ. He warns against blameworthy partisanship and against picking and choosing among the views of the scholars, and he emphasises that ijtihad takes place where there is no text, that the mujtahid is held responsible for what his ijtihad leads him to, and that acceptable disagreement is that which does not contradict a text or consensus.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami