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Lesson 04

This session continues the first two kinds of bayan with the verses of fasting and ablution, then turns to inheritance and voluntary bequests, the fixed times of prayer, and the unqualified command as an indicator of obligation.

Fiqh and Legal Theory2024-12-28

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 summary of what was presented in this part of the explanation of Imam al-Shafi’i’s book al-Risala, focusing on the important points and clarifications.

Introduction:

  • Emphasis on the importance of beginning with “In the name of Allah, the Most Gracious, the Most Merciful” as the actual opening of every deed, followed by the opening in meaning with “All praise is due to Allah, and blessings and peace be upon the Messenger of Allah,” following the guidance of the Prophet ﷺ.
  • Encouragement to recite the Qur’an correctly, free of major (jali) errors, and that the imam should recite what he has mastered, even if it is only the short surahs.

The first kind of bayan (continued):

  • Explanation of the verse on the one performing tamattu’: “then whoever performs ‘umrah [during the hajj months] followed by hajj [offers] what can be obtained with ease of sacrificial animals. And whoever cannot find [or afford such an animal] - then a fast of three days during hajj and of seven when you have returned [home]. Those are ten complete [days]” (Al-Baqarah 2:196).
  • The point of evidence in “Those are ten complete” is to show that the conjunction wa (“and”) is for combination, not for choice.
  • Explanation of the verse: “And We made an appointment with Moses for thirty nights and perfected them by [the addition of] ten; so the term of his Lord was completed as forty nights” (Al-A’raf 7:142).
  • Explanation of the verse: “O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous” (Al-Baqarah 2:183).
  • Kutiba (“decreed”) indicates obligation.
  • Explanation of the verse: “So whoever among you is ill or on a journey [during them] - then an equal number of other days [are to be made up]” (Al-Baqarah 2:184).
  • ‘Iddah (“an equal number”) is grammatically the predicate of an omitted subject, the implied wording being “then the ruling is an equal number.”
  • Explanation of the verse: “The month of Ramadan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the crescent of] the month, let him fast it; and whoever is ill or on a journey - then an equal number of other days” (Al-Baqarah 2:185).
  • The Qur’an was sent down in its entirety to the Preserved Tablet, then sent down to the House of Might (Bayt al-‘Izzah) in the lowest heaven, and then sent down in portions to the Prophet ﷺ over twenty-three years.
  • Falyasumhu (“let him fast it”) is an imperfect verb joined to the lam of command, which is one of the forms by which obligation is known.
  • The month is what lies between two new crescents; it may be thirty or twenty-nine days.
  • The Arabs knew addition (arithmetic summation).

The second kind of bayan (continued):

  • Explanation of the verse: “O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles. And if you are in a state of janabah, then purify yourselves” (Al-Ma’idah 5:6).
  • The majority read wa-arjulakum (“and your feet”) in the accusative, joined to aydiyakum (“your forearms”).
  • The Shia read it in the genitive, wa-arjulikum, and wipe over the feet.
  • The meaning of ata (“to come”) differs according to the particle attached to it. Ata ‘ala conveys completion and clear, sufficient explanation.
  • The Qur’an explained ablution but did not explain cleansing after relieving oneself (istinja’), so that needed the clarification of the Sunnah.
  • The minimum number of times the limbs are washed is once, and the maximum is three times.
  • Whoever goes beyond three has done wrong, transgressed, and done injustice.
  • Washing (ghasl) means covering the whole limb with water.
  • The Sunnah showed that the minimum number of washings is one, and that three is better.
  • The Sunnah indicated that istinja’ is done with three stones.
  • The Sunnah indicated what belongs to ablution (wudu’) and what belongs to the ritual bath (ghusl).
  • The Sunnah indicated that the ankles and elbows are among what is washed.
  • Ila (“to”) can carry two meanings: the end point or inclusion (“together with”). The Sunnah showed that what is intended is including the elbows and ankles in the washing.
  • He mentioned the hadith “Woe to the heels from the Fire,” explaining its occasion and the importance of knowing the occasion of a hadith.
  • The hadith indicates that washing should cover the whole limb.

Inheritance and bequests:

  • Explanation of the verse on inheritance: “And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [and/or sisters]…” (An-Nisa 4:11).
  • The estate is distributed after paying off debts and executing the voluntary bequest.
  • The Sunnah clarified the nature of the voluntary bequest and its limit, in the hadith of Sa’d ibn Abi Waqqas.
  • The maximum of the voluntary bequest is one third according to some scholars, and one quarter according to others.
  • There is no bequest for an heir unless the heirs consent.
  • It is permissible to divide the inheritance during the lifetime of the one leaving it if harm is feared, on condition that it is not executed until after death.
  • The voluntary bequest is not executed if it consumes the inheritance.
  • The voluntary bequest is usually for those who are not heirs.
  • If the bequest is for an heir and exceeds his share of the inheritance, the bequest is not executed and he takes his share of the inheritance.
  • The bequest comes after paying off debts.

The time of prayer:

  • Explanation of the verse: “Indeed, prayer has been decreed upon the believers a decree of specified times” (An-Nisa 4:103).
  • Mawqutan means made obligatory for a specific time.
  • Is the prayer to be performed immediately or within its time? There are two views: the majority hold it should be immediate, and the Shafi’is hold that it is within the time as long as the time has not expired.
  • He mentioned the hadith: “Do you hear the call? Then respond.”
  • Congregational prayer is obligatory on the basis of ability, not on the basis of hearing the call to prayer.
  • He mentioned the story of the Prophet ﷺ and his Companions sleeping through the dawn prayer during one of the military expeditions.
  • It is permissible to delay the prayer for an excuse or need, such as waiting for the congregation of worshippers or the presence of harm.
  • The Shafi’is responded to those who said that the presence of Satan is an excuse that prevents delaying the prayer, by citing the story of Satan coming to the Prophet ﷺ during his prayer.
  • Prayer is to be performed immediately by the one who is able, and whoever delays despite being able is sinful.
  • He mentioned the Prophet’s ﷺ delaying of the night prayer (‘Isha’).

The commands of the Law:

  • He mentioned the verse: “And establish prayer and give zakah” (Al-Baqarah 2:43).
  • Aqimu (“establish”) and atu (“give”) are unqualified imperative verbs, which are among the forms by which obligation is known.
  • The unqualified imperative is one that is not accompanied by any contextual indicator (qarina) that turns it away from obligation.
  • He mentioned examples of imperatives that are not unqualified.
  • Explanation of the verse: “And complete the hajj and ‘umrah for Allah” (Al-Baqarah 2:196).
  • Is ‘umrah obligatory on its own? There are two views.
  • The more fitting view is that the one who is able to perform ‘umrah…

All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb