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 question of the “aqra’” and of the mu’li, focusing on the arguments of both sides and how to weigh between them, and clarifying the important aspects:
The question of the aqra’ and the mu’li:
The subject of this segment is a debate of Imam al-Shafi’i on two questions:
- The aqra’: This completes what came in the previous segment on the interpretation of the word “quru’” in the verse on divorced women.
- The mu’li: the man who swears that he will not approach his wife.
The main points Imam al-Shafi’i addressed in this debate:
First: the question of the aqra’:
- Responding to the inference from the hadith on establishing that a captive woman is not pregnant by one menstruation: Imam al-Shafi’i responds to those who inferred from the hadith on establishing that a captive woman is not pregnant (istibra’) by one menstruation that the qur’ is menstruation, showing that establishing the captive’s freedom from pregnancy by one menstruation is only for outward assurance that she is not pregnant, and is not the legal waiting period.
- Responding to the argument that boundaries are shorter than the spaces between them: Imam al-Shafi’i responds to those who inferred from “boundaries are shorter than the spaces between them” that the qur’ is menstruation, showing that this is not a strong proof, and that the Prophet’s ﷺ use of the word “aqra’” in the sense of menstruation in the hadith “Leave off the prayer during the days of your aqra’” takes precedence over this linguistic preference.
- Interpreting the saying of the Exalted, “for their waiting period”: Imam al-Shafi’i shows that the meaning of the saying of the Exalted, “When you divorce women, divorce them for [the commencement of] their waiting period” (al-Talaq 65:1), is: at the commencement of their waiting period, and this is only achieved if the divorce takes place in a period of purity in which he has not had intercourse with her, so that she begins the waiting period with the first menstruation. He responds to those who interpreted it otherwise.
- The conclusion on the question of the aqra’: Imam al-Shafi’i affirms that the view that the “aqra’” are menstruations is the more correct one, because of the strength of the legal proofs that support it, and because it agrees with the apparent meaning of the Qur’an.
Second: the question of the mu’li:
- The disagreement over the ruling on the mu’li: Imam al-Shafi’i shows that there is disagreement among the Companions over the ruling on the mu’li: some of them hold that when four months have passed, divorce takes effect by their mere passing, and some of them hold that he is stopped after the four months have passed and told: either return (yafi’, i.e. go back to his wife) or divorce.
- Imam al-Shafi’i’s preference: Imam al-Shafi’i considers the second view more correct, namely that the mu’li is stopped after the four months have passed and told: either return or divorce.
- Imam al-Shafi’i’s argument: Imam al-Shafi’i argues for his preference from the saying of the Exalted: “For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. And if they decide on divorce - then indeed, Allah is Hearing and Knowing” (al-Baqarah 2:226-227), showing that the verse mentions returning and deciding on divorce together without anything separating them, which indicates that both take place after the four months have passed. He responds to those who interpreted the verse otherwise.
- Responding to those who drew an analogy from the mu’li to someone given a time limit to build a house: Imam al-Shafi’i responds to those who drew an analogy from the mu’li to someone given a time limit to build a house, showing that the analogy is not valid, because setting a time limit for building indicates the obligation to complete the building within the specified period, unlike the oath of abstention (ila’), which does not indicate that divorce is obligatory by the mere passing of the four months.
Additional clarifications:
- Istibra’: making sure that a woman’s womb is free of pregnancy.
- Mu’li: the man who swears that he will not approach his wife.
- Fay’ah: returning to the wife after the oath of abstention (ila’).
Final conclusion:
In this debate Imam al-Shafi’i shows how to weigh between conflicting views on the question of the aqra’ and of the mu’li, stressing the importance of looking at the legal proofs, the apparent meaning of the Qur’an and the Sunnah, and the Prophet’s ﷺ usage of words, as well as the importance of sound analogy and its regulating principles. 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