In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may blessings and peace be upon the noblest of the prophets and messengers, our Prophet Muhammad, and upon all his family and companions.
This is a comprehensive and detailed summary of what was presented in the audio recording on the science of usul al-fiqh (the principles of jurisprudence) and Imam al-Shafi’i’s book al-Risala, with care taken for accuracy and detail.
Introduction on the importance of the science of usul al-fiqh:
The talk begins by explaining the importance of usul al-fiqh for the student of knowledge. It is defined as the science concerned with studying the rules that the jurist uses to derive legal rulings from their detailed evidences. The difference between the work of the legal theorist (usuli) and that of the jurist (faqih) is clarified:
- The legal theorist (usuli): establishes the rule by examining the particular evidences (the verses and hadiths that deal with specific rulings). Example: deriving the rule “an unqualified command indicates obligation” from the command to pray and to pay zakah.
- The jurist (faqih): applies this rule to the evidences in order to derive rulings.
It is stressed that the work of both the legal theorist and the jurist revolves within the orbit of the legal evidences (the Book and the Sunnah).
Definition of usul al-fiqh linguistically and technically:
The name of the science is divided into two parts:
- Al-usul: the plural of asl, which is that upon which something else is built or from which it branches out. Example: one’s grandfathers are the origin (asl) of a person, and the trunk of a tree is its origin.
- Al-fiqh: linguistically, understanding. From this is the verse: “We do not understand much of what you say” (Hud 11:91). Technically, it did not settle as a recorded, codified science until a later era, after the virtuous generations. It was sometimes applied to knowledge in general, even in creed (as in the book al-Fiqh al-Akbar attributed to Abu Hanifa).
The emergence of the science of usul al-fiqh and the book al-Risala:
It is mentioned that the first to write on the science of usul al-fiqh was Imam Muhammad ibn Idris al-Shafi’i al-Muttalibi (d. 204 or 205 AH), whose lineage goes back to ‘Abd al-Muttalib, the uncle of the Prophet ﷺ.
It is explained that the topics of this science (such as analogy, the general, and the specific) existed and were applied among the Companions, even if they had not been recorded as an independent science. Example: the debate between Abu Bakr and ‘Umar, may Allah be pleased with them, over fighting those who withheld zakah, in which ‘Umar argued from the general wording and a solitary report (khabar al-wahid), and Abu Bakr answered him with analogy.
It is pointed out that ‘Abd al-Rahman ibn Mahdi wrote to Imam al-Shafi’i asking him to compose a book on the meanings of the Qur’an, the authority of the solitary report, the modes of evidence, the abrogating and the abrogated, and the general and the specific. After some hesitation on Imam al-Shafi’i’s part, and at the urging of his shaykh ‘Ali ibn al-Madini, he composed his famous book known as al-Risala, which was written twice: once in Baghdad and once in Egypt.
The distinctive qualities of Imam al-Shafi’i:
Three qualities are mentioned by which Imam al-Shafi’i was distinguished:
- Refinement of manners (adab): he was the utmost in refinement, which is defined as a trait of character that prompts every good, and it includes gentleness, overlooking faults, anger in its proper place, giving and withholding, shunning, gentleness of disposition, courage, and boldness.
- Language: he was an authority in the Arabic language, and the pure Arabic tongue was taken from him.
- Hadith: he was a leading figure in hadith. He studied under Malik, Ahmad, ‘Abd al-Razzaq, and ‘Ali ibn al-Madini, he took care to cite reports with their chains of transmission, and he has a well-known Musnad.
The importance of studying books that are concerned with evidence is stressed, because they connect the student of knowledge to the light, since he will be asked on the Day of Resurrection what he did with the Book and the Sunnah.
It is also mentioned that Imam Ahmad used to benefit from Imam al-Shafi’i even though he was younger than him, and he used to say to him: “You are more knowledgeable than I am about the narrators, so direct me to the hadith, whether it is Kufan, Basran, or Syrian, so that I may go to it.”
It is pointed out that the school of al-Shafi’i overtook other schools that had been widespread before him in Egypt, the Levant, and North Africa, and that what is meant by the school of al-Shafi’i is his method of dealing with the text, not a new religion. His saying is mentioned: “If the hadith is authentic, then it is my school.”
It is also mentioned that Ibn Hazm held Imam al-Shafi’i in great esteem even though he disagreed with him on some of his opinions. Likewise Ibn Khaldun, even though he inclined toward the hadith scholars and was severe toward the jurists, held Imam al-Shafi’i in great esteem.
Explanation of some expressions in al-Risala:
Some expressions in al-Risala are explained, such as his word “hamahumuha,” meaning “He protected them from it,” which is the dialect of the people of the Hijaz.
The scholarly verification (tahqiq) of al-Risala:
The meaning of “verification” (tahqiq) of books is explained, and that it differs from mere annotation (ta’liq) or source referencing (takhrij). Verification means searching for the manuscripts in various libraries (in Egypt and abroad), collating the different copies, correcting errors and omissions, and documenting the copy in terms of its audition notes (sama’at), copyists, and ownership.
The way manuscripts are handled is explained: reading old scripts, collating copies, designating the copies with symbols, and having students read aloud to the verifier in order to record the variants.
It is mentioned that Shaykh Ahmad Shakir verified al-Risala in this way, numbered the passages of the book, and noted the folio number in the margins.
It is mentioned that all the editions of al-Risala now available are reproductions of Shaykh Ahmad Shakir’s edition.
A call to read al-Risala:
The talk concludes with a call to read al-Risala, explaining that he will try to read whatever is feasible of it with the brothers, on the condition that each person has a copy of the book so that one reads and the lecturer comments. He points out that this was the method of the early scholars, and that his shaykh, Shaykh ‘Abd al-Jalil al-Farnashawi, used to do this.
He concludes by urging attendance at the lessons, even for those who do not own a copy of the book, in hope of the descent of mercy.
This is a comprehensive and detailed summary of what was presented in the audio recording. We ask Allah the Exalted to make it beneficial.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb