Article

Lesson 23

This lesson treats abrogation shown partly by the Book and partly by the Sunnah, through three cases: the change of the qiblah, the ratio of combatants in battle, and the punishments for unlawful intercourse.

Fiqh and Legal Theory2024-12-28

In the name of Allah, the Most Gracious, the Most Merciful, 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 al-Risala, focusing on the important points and clarifications.

Chapter on the abrogating and the abrogated, part of which the Book indicates and part of which the Sunnah indicates:

  • Praying toward Bayt al-Maqdis, then toward the Ka’bah:
    • The qiblah was at first toward Bayt al-Maqdis, and before the abrogation it was the qiblah toward which alone it was lawful to face.
    • Then the qiblah was abrogated in favor of the Sacred House, and facing Bayt al-Maqdis became prohibited in the obligatory prayers.
    • The hadith of Ibn ‘Abbas is cited concerning people who had been praying toward Bayt al-Maqdis and died, and the revelation of the verse “And never would Allah have caused you to lose your faith” (Al-Baqarah 2:143), meaning the reward of their prayers.
    • The difference between the obligatory and the supererogatory prayer regarding facing the qiblah: In the obligatory prayer one must face the Ka’bah from beginning to end. As for a supererogatory prayer while traveling, the one praying faces the Ka’bah at the start of the prayer, and then wherever his mount turns with him, his prayer is valid so long as he does not intend to turn away from the qiblah.
    • The verse “We have certainly seen the turning of your face, [O Muhammad], toward the heaven, and We will surely turn you to a qiblah with which you will be pleased. So turn your face toward al-Masjid al-Haram. And wherever you [believers] are, turn your faces toward it” (Al-Baqarah 2:144) is cited as evidence that facing the Ka’bah is obligatory.
    • The verse “The foolish among the people will say, ‘What has turned them away from their qiblah, which they used to face?’ Say, ‘To Allah belongs the east and the west. He guides whom He wills to a straight path’” (Al-Baqarah 2:142) is cited as evidence that a change in the qiblah took place.
    • The hadith of Ibn ‘Umar about the change of the qiblah during the dawn prayer in the mosque of Quba’.
    • Benefits derived from the hadith of the change of the qiblah in the mosque of Quba’: the explanation of the abrogating and the abrogated, the speed of responding to the command of Allah and His Messenger, and the authority of the solitary report (khabar al-wahid).
    • The hadith of Sa’id ibn al-Musayyib that the Prophet ﷺ prayed for sixteen months toward Bayt al-Maqdis, and then the qiblah was changed two months before Badr.
    • The verse on the fear prayer, “And if you fear [an enemy, then pray] on foot or riding” (Al-Baqarah 2:239), is cited as evidence that it is permissible to pray facing other than the qiblah in a state of severe fear.
    • The hadith of Ibn ‘Umar on the fear prayer: “If the fear is more severe than that, they pray on foot and riding, facing the qiblah and not facing it.”
    • The Prophet ﷺ prayed supererogatory prayers while traveling on his mount, wherever it turned with him.
    • When traveling, the Prophet ﷺ prayed the obligatory prayer only on the ground, facing the qiblah.
  • Abrogation in the verses on fighting:
    • The verse “O Prophet, urge the believers to battle. If there are among you twenty [who are] steadfast, they will overcome two hundred” (Al-Anfal 8:65) indicates that one Muslim is to face ten of the disbelievers.
    • This was then abrogated by the verse “Now, Allah has lightened [the hardship] for you, and He knows that among you is weakness. So if there are from you one hundred [who are] steadfast, they will overcome two hundred” (Al-Anfal 8:66), so that one is to face two.
    • It is not permissible for a Muslim to flee from twice his number unless he is maneuvering for battle or withdrawing to join another company.
  • Abrogation in the verses on unlawful intercourse (zina):
    • The verse “Those who commit immorality of your women - bring against them four [witnesses] from among you. And if they testify, confine them to houses until death takes them or Allah ordains for them [another] way” (Al-Nisa 4:15) was abrogated by the verse “The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes” (Al-Nur 24:2).
    • The Sunnah made clear that the hundred lashes are for the two unmarried offenders, and that the previously married person (thayyib) is flogged and stoned.
    • Then flogging was abrogated for the previously married person, leaving stoning alone.
    • The hadith of ‘Ubadah ibn al-Samit: “Take from me: Allah has ordained a way for them. The unmarried with the unmarried: one hundred lashes and banishment for a year. The previously married with the previously married: one hundred lashes and stoning.”
    • The Prophet ﷺ stoned Ma’iz and the Ghamidi woman without flogging them.
    • The Prophet ﷺ commanded Unays to stone the Aslami woman if she confessed.
    • Conclusion: the unmarried offender receives one hundred lashes and is banished for a year, and the previously married offender is stoned.
    • This ruling is specific to free persons. As for slave women, theirs is half the punishment of the muhsanat, that is, half the flogging, and there is no stoning for them.
    • The verse “But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women” (Al-Nisa 4:25) is cited as evidence that slave women receive half the flogging of free women.
    • What is meant by ihsan here, according to Imam al-Shafi’i and the majority of scholars, is Islam.
    • The prescribed punishments (hudud) are bounded by the destruction of a life; that is, they do not go beyond the destruction of a life, but they aim to inflict a penalty for the sake of deterrence.
    • The difference between a spatial and a temporal boundary (miqat).

Some important benefits:

  • An explanation of how the qiblah was abrogated from Bayt al-Maqdis to the Ka’bah.
  • An explanation of how the rulings on fighting were abrogated.
  • An explanation of how the rulings on unlawful intercourse were abrogated.
  • The difference between the obligatory and the supererogatory prayer regarding facing the qiblah.
  • The authority of the solitary report.
  • The difference between the punishment of a free person and a slave.
  • What is meant by ihsan in the verse on slave women.
  • The prescribed punishments are bounded by the destruction of a life.
  • The difference between a spatial and a temporal boundary.

We ask Allah the Exalted for acceptance and ease.

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