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.
This is a summary of what was presented in the audio lesson of the words of Imam al-Shafi’i, may Allah have mercy on him, explaining the different and varying ways in which analogy indicates [rulings], with a focus on the issue of usury (riba) in the six commodities, an explanation of its effective cause (‘illah) according to the Shafi’is, a refutation of those who compared weight in foodstuffs to weight in gold and silver, and a clarification of the important aspects:
Explaining the different and varying ways in which analogy indicates rulings:
In this section Imam al-Shafi’i explains the different and varying ways in which analogy indicates rulings. He focuses on the issue of usury in the six commodities (gold and silver; dates, wheat, barley, and salt), clarifies its effective cause according to the Shafi’is, and refutes those who compared weight in foodstuffs to weight in gold and silver.
The main points Imam al-Shafi’i addressed in this section:
- The prohibition of selling the six commodities in unequal amounts or on deferment: Imam al-Shafi’i explains that the Prophet ﷺ forbade selling the six commodities in unequal amounts (mutafadilan, with an excess in one of the two countervalues) or on deferment (nasi’ah, with delay in taking possession of one of the two countervalues), when they are of the same kind.
- The effective cause of the prohibition of usury in the six commodities according to the Shafi’is: Imam al-Shafi’i clarifies that the effective cause of the prohibition of usury in the last four commodities (dates, wheat, barley, and salt) is their being eaten as food, whether they are sold by volume or by weight. As for gold and silver, the effective cause is their being currency (thamaniyyah), that is, their being the prices of things.
- Refuting those who compared weight in foodstuffs to weight in gold and silver: Imam al-Shafi’i refutes those who compared weight in foodstuffs to weight in gold and silver, explaining that this analogy is not sound because the effective cause is different: the effective cause in foodstuffs is edibility, while the effective cause in gold and silver is their being currency. He clarifies that consensus precludes this analogy, since it is permissible to sell foodstuffs sold by weight for gold and silver on deferment, while it is not permissible to sell gold for silver or the reverse except hand to hand.
- Examples of analogy in foodstuffs: Imam al-Shafi’i gives examples of analogy in foodstuffs, such as:
- It is not permissible to sell a kilo of tomatoes for a kilo and a half of tomatoes, even if their sizes differ.
- It is permissible to sell a kilo of tomatoes for half a kilo of cucumbers hand to hand.
- It is not permissible to sell a mudd of wheat for three ratls of oil on deferment.
- The difference between foodstuffs and other things: Imam al-Shafi’i explains the difference between foodstuffs and other things: it is permissible to sell one book for two books, one car for two cars, and one mobile phone for two mobile phones, because they are not eaten.
- The difference between crops and fruits and gold and silver in zakah: Imam al-Shafi’i explains the difference between crops and fruits and gold and silver in zakah: zakah is due on crops and fruits once, at harvest, while it is due on gold and silver every year.
- The difference between foodstuffs and gold and silver in valuation: Imam al-Shafi’i explains the difference between foodstuffs and gold and silver in valuation: foodstuffs are valued by what is comparable to them of their own kind, while gold and silver are valued as the prices of things.
- Refuting those who misunderstood the hadith “If the kinds differ, then sell as you wish, if it is hand to hand”: Imam al-Shafi’i explains that whoever understood the hadith “If the kinds differ, then sell as you wish, if it is hand to hand” to mean that it is permissible to sell wheat and dates for money on deferment has erred, and that what is meant is the permissibility of selling different kinds with mutual taking of possession in the session, not the permissibility of selling on deferment.
- Consensus on the permissibility of selling foodstuffs for gold and silver on deferment: Imam al-Shafi’i affirms the consensus on the permissibility of selling foodstuffs for gold and silver on deferment, and that this is proof that the effective cause of the prohibition of usury in gold and silver is not weight but their being currency.
Additional clarifications:
- The six commodities: gold and silver; dates, wheat, barley, and salt.
- Tafadul (inequality): an excess in one of the two countervalues.
- Nasi’ah (deferment): delay in taking possession of one of the two countervalues.
- Thamaniyyah (currency value): a thing’s being the price of things.
- Al-makil: what is sold by volume.
- Al-mawzun: what is sold by weight.
- Hand to hand (yadan bi-yad): mutual taking of possession in the session.
Final summary:
In this section Imam al-Shafi’i explains the different and varying ways in which analogy indicates rulings. He focuses on the issue of usury in the six commodities, clarifies its effective cause according to the Shafi’is, and refutes those who compared weight in foodstuffs to weight in gold and silver. He affirms that consensus precludes this analogy, and that the effective cause in gold and silver is their being currency, not weight. He explains that the way analogy indicates rulings differs from one kind to another, and that there is obvious analogy that ordinary people grasp, and analogy that requires reflection and close examination and is subject to disagreement among the scholars.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami