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, on the kinds of analogy and on what is not to be used as a basis for analogy, focusing on the question of the compensation for a foetus, and clarifying the important aspects:
The kinds of analogy and what is not to be used as a basis for analogy:
The subject of this segment is a debate of Imam al-Shafi’i on the kinds of analogy (qiyas) and how to infer by it, focusing on examples on which analogy cannot validly be drawn, the most important of which is the question of the compensation for a foetus.
The main points Imam al-Shafi’i addressed in this debate:
- Specifying the general wording of the Qur’an by the Sunnah: Imam al-Shafi’i shows that the Sunnah may specify (takhsis) the general wording of the Qur’an, as in the verse of ablution, where the Sunnah specified the washing of the feet as applying to the one who is not wearing leather socks.
- Examples from the Sunnah of what is not to be used as a basis for analogy: Imam al-Shafi’i mentions some examples from the Sunnah on which analogy cannot validly be drawn, among them:
- Selling fresh dates for dried dates (muzabanah): The Prophet ﷺ forbade selling fresh dates for dried dates except like for like, then he granted a concession for ‘araya (selling fresh dates on the palm for dry dates). This is a concession specific to ‘araya, and nothing else is to be drawn by analogy from it.
- Wiping over leather socks: The Prophet ﷺ granted a concession to wipe over leather socks, and wiping over the turban, the face veil, or gloves is not to be drawn by analogy from that.
- The blood money of a free person in accidental killing is borne by the ‘aqilah: Imam al-Shafi’i shows that the blood money of a free person in accidental killing is borne by the ‘aqilah (the paternal kin of the offender), and that this is an exception to the basic rule, which is that every person bears his own offence from his own wealth. So no other offences are to be drawn by analogy from it.
- The compensation for a foetus: Imam al-Shafi’i discusses the question of the compensation for a foetus and shows that it is a special case from which nothing else is to be drawn by analogy. He mentions some of the explanations that have been given for the ruling on the compensation for a foetus, responds to them, and shows that the correct view is that it is a Sunnah by which the servants are bound in worship (ta’abbud).
- Responding to those who drew an analogy from an offence against a slave to an offence against a free person: Imam al-Shafi’i responds to those who drew an analogy from an offence against a slave to an offence against a free person, showing that this analogy is not valid, because the slave resembles the free person in some rulings and differs from him in others, so drawing the analogy on what he agrees with him in is more appropriate.
- Responding to those who drew an analogy from an offence against a slave to an offence against a beast: Imam al-Shafi’i also responds to those who drew an analogy from an offence against a slave to an offence against a beast, showing that this analogy is even more remote, because the slave is an inviolable human soul and resembles the free person in many rulings.
- Analogy with the blood money of a woman: Imam al-Shafi’i shows that analogy with the blood money of a woman is closer, since her blood money is half the blood money of a man, and yet the amount due for an offence against her is measured against her own blood money: an offence against her eye is half of her blood money, and so on.
- The way analogy indicates the ruling on offences against a slave: Imam al-Shafi’i shows that the way analogy indicates the ruling on an offence against a slave is by drawing an analogy with an offence against a free person, taking into account the difference in value between them.
Additional clarifications:
- Muzabanah: selling fresh dates on the palm for dried dates.
- ‘Araya: selling fresh dates on the palm for dry dates.
- ‘Aqilah: the relatives of the offender on his father’s side, who bear the blood money for accidental killing on his behalf.
- Diyah: the wealth paid to make good the harm resulting from killing or wounding.
- Khata’ (accidental): killing or wounding that occurs without intention.
Final conclusion:
In this debate Imam al-Shafi’i shows the kinds of analogy and how to infer by it, focusing on examples on which analogy cannot validly be drawn, the most important of which is the question of the compensation for a foetus. He clarifies that sound analogy is that which agrees with the legal proofs and takes their meanings into account, and that there are special cases on which analogy cannot validly be drawn; rather, in them one confines oneself to the text or to consensus. This segment displays Imam al-Shafi’i’s skill in debate, inference, and weighing between proofs and opinions. It also shows the importance of understanding the kinds of analogy, its conditions, and its regulating principles for sound inference.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami