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 segment of the debate of Imam al-Shafi’i, may Allah have mercy on him, with one of his opponents on the permissibility of the forward sale (salam) of animals and on analogy with wiping over leather socks (khuffs), focusing on the arguments of both sides and the responses to them, and clarifying the important aspects:
The permissibility of the forward sale of animals and analogy with wiping over leather socks:
The subject of this segment is a debate between Imam al-Shafi’i and one of his opponents (apparently from the Hanafis) on two questions:
- The permissibility of the forward sale of animals: Is it permissible to sell an animal by description with deferred delivery (salam)?
- Analogy with wiping over leather socks: Is it permissible to draw an analogy from the leather socks to other things (such as the turban, the face veil, and gloves) so that wiping over them is permitted?
The main points Imam al-Shafi’i addressed in this debate:
- The opponent’s rejection of the forward sale of animals: Imam al-Shafi’i shows that the opponent rejects the permissibility of the forward sale of animals and argues from the fact that Ibn Mas’ud, may Allah be pleased with him, disliked it.
- Imam al-Shafi’i’s response to the argument from Ibn Mas’ud’s dislike: Imam al-Shafi’i responds to this argument by saying that the action and statement of the Prophet ﷺ are a proof over anyone else, and it is established that the Prophet ﷺ borrowed a young camel and then ordered that it be repaid, which indicates the permissibility of salam.
- The argument by analogy with blood money, manumission contracts, and the bridal gift: Imam al-Shafi’i shows that analogy requires permitting the forward sale of animals, by analogy with blood money (diyah), the manumission contract (kitabah), and the bridal gift (mahr), since in these cases camels or other animals may be a debt owed by description.
- Explaining the kinds of reports on which no analogy is drawn: Imam al-Shafi’i explains that the reports on which no analogy is drawn are those where Allah has a stated ruling, and then the Messenger of Allah ﷺ has a Sunnah that lightens some of the obligation and not the rest; or where the Messenger of Allah ﷺ has a general ruling on something, and then there is a Sunnah concerning it that departs from the general ruling.
- Analogy with wiping over leather socks: Imam al-Shafi’i shows that wiping over leather socks is a concession (rukhsah) established by an explicit text, so no analogy may be drawn from it to permit wiping over things other than leather socks, such as the turban, the face veil, and gloves. He responds to those who say that this contradicts the Qur’an, showing that the Sunnah does not contradict the Qur’an, and that the saying of the Exalted, “and wipe over your heads and [wash] your feet” (al-Ma’idah 5:6), is understood as applying when there are no leather socks on the feet.
- The difference between the unrestricted and the restricted command: Imam al-Shafi’i clarifies the difference between the unrestricted (mutlaq) command and the restricted (muqayyad) command, and shows that the command to wash the feet in ablution is unrestricted, and was then restricted by the permission to wipe over leather socks, so the unrestricted is interpreted in light of the restricted.
- Responding to those who drew an analogy from weight in foodstuffs to weight in gold and silver: Imam al-Shafi’i responds to those who drew an analogy from weight in foodstuffs to weight in gold and silver in the question of usury (riba), showing that this analogy is not valid because the effective cause (‘illah) is different: the effective cause in foodstuffs is their being food (ta’m), whereas the effective cause in gold and silver is their being a medium of price (thamaniyyah).
Additional clarifications:
- Salam: the sale of a described item owed as a liability, for a price paid immediately.
- Diyah: the wealth paid to make good the harm resulting from killing or wounding.
- Kitabah: a contract between a slave and his master for his freedom in return for wealth the slave pays.
- Mahr: the wealth the husband pays to the wife upon marriage.
- Khuff: what is worn on the foot, of leather or otherwise.
- ‘Imamah: what is wound around the head (the turban).
- Burqu’: what covers the face (the face veil).
- Quffazayn: what is worn on the hands (gloves).
Final conclusion:
In this debate Imam al-Shafi’i shows the permissibility of the forward sale of animals, responds to those who reject it, and clarifies that analogy requires its permissibility, by analogy with blood money, the manumission contract, and the bridal gift. He also shows that wiping over leather socks is a concession established by an explicit text, so no analogy may be drawn from it to permit wiping over things other than leather socks. He clarifies the difference between the unrestricted and the restricted command, and responds to those who drew an analogy from weight in foodstuffs to weight in gold and silver. This segment displays Imam al-Shafi’i’s skill in debate, inference, and weighing between proofs and opinions.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami