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.
The chapter on Hajj and the Book’s need for the Sunnah:
- The obligation of Hajj and the “way” to it:
- Allah made Hajj obligatory upon whoever is able.
- The “way” (sabil) here means provisions and a mount, as in the hadith (weak in its chain, sound in its meaning): “The way is provisions and a mount.”
- The Sunnah’s explanation of the rites of Hajj:
- The Sunnah explained the appointed times and places (mawaqit) of Hajj, how the talbiyah is made (sometimes for Hajj and sometimes for ‘Umrah), what is recommended in Hajj, and what the person in ihram must avoid of wearing garments and perfume.
- The meaning of “wearing” (lubs) is explained as covering oneself with a garment.
- The hadith of ‘A’ishah about seeing the glistening of musk in the parting of the Prophet’s ﷺ hair while he was in ihram is interpreted as perfume applied before entering ihram.
- The acts of Hajj explained by the Sunnah are mentioned: ‘Arafah, Muzdalifah, the stoning, shaving (removing the hair), and the circumambulation (tawaf).
- The importance of the Sunnah in explaining the Qur’an:
- Even if a person did not know the Sunnah of the Messenger of Allah ﷺ alongside the Book of Allah, the proof would be established against him by what has been described of the Sunnah’s explanation of the meaning of what Allah revealed in summary form.
- The Sunnah details what the Qur’an stated in summary form of obligations and rulings (what is lawful and what is unlawful, how one enters and exits an act of worship, and the appointed times).
- The Sunnah never contradicts the Book of Allah; rather, it is an explanation of it.
- The Sunnah is binding even where there is no explicit Qur’anic text on the matter, because obedience to the Messenger ﷺ is obligatory.
- The obligation to follow the Sunnah:
- Whoever knows the position of the Sunnah in relation to the Qur’an must know that Allah did not grant this role of explanation to any created being other than His Messenger ﷺ.
- Every person’s words and deeds must follow the Book and then the Sunnah.
- Certainty that any scholar from whom a saying is reported that contradicts an authentic Sunnah would not have contradicted that Sunnah had he known it, but would have returned to it.
- The story of Ibn Abi Dhi’b with Sa’d ibn Ibrahim (the governor of Madinah) is mentioned regarding returning to the Sunnah after coming to know it.
- Emphasis on the imams’ principle: “If the hadith is authentic, then it is my school.”
- A caution that some abhorrent sayings attributed to the imams cannot be authentically attributed to them, because had they known the authentic Sunnah they would have returned to it.
- A recommendation to read the treatise Raf’ al-Malam ‘an al-A’immah al-A’lam (Removing the Blame from the Eminent Imams) by Shaykh al-Islam Ibn Taymiyyah.
- A warning against lying about the imams and attributing to them sayings they did not say, with the Rafidah mentioned as an example.
The chapter on waiting periods (al-‘idad, sing. ‘iddah):
- The meaning of ‘iddah: the number of days counted for the marital relationship to come to an end (through death or divorce).
- Types of ‘iddah:
- The ‘iddah of a woman whose husband has died (not pregnant): four months and ten days.
- The ‘iddah of a divorced woman (not pregnant): three quru’ (menstrual periods or periods of purity).
- The ‘iddah of a woman who no longer expects to menstruate: three months.
- The ‘iddah of a pregnant woman: giving birth.
- Where the ‘iddah is observed: the woman observes her ‘iddah in the marital home.
- The wisdom of observing the ‘iddah in the marital home: the possibility of reconciliation between the spouses in a revocable divorce, and care for the woman.
- Taking witnesses to the taking back: it is recommended to take witnesses when taking back one’s wife in a revocable divorce.
- Irrevocable divorce: if the ‘iddah in a revocable divorce ends without the husband taking her back, it becomes a minor separation (baynuna sughra), and the woman becomes free to decide for herself. If it is the third divorce, it becomes a major separation (baynuna kubra).
- The ‘iddah of a pregnant woman whose husband has died:
- The first view (reported from Ibn ‘Abbas): she observes whichever of the two terms is longer (four months and ten days, or giving birth).
- The second view (the position of the majority, and the preponderant one): her ‘iddah is giving birth, with evidence drawn from the hadith of Subay’ah bint al-Harith.
- Conclusion on the ‘iddah: the ‘iddah based on quru’ is specific to a woman who is not pregnant; if she is pregnant, her ‘iddah is giving birth.
The chapter on the women one is forbidden to marry:
- Those forbidden by lineage: mothers, daughters, sisters, paternal aunts, maternal aunts, brothers’ daughters, and sisters’ daughters.
- Those forbidden by breastfeeding: mothers through breastfeeding and sisters through breastfeeding, with evidence drawn from the hadith: “What is forbidden through lineage is forbidden through breastfeeding.”
- Clarification of the issue of breastfeeding: even a single feeding establishes the prohibition, as a precaution and to block the means to wrongdoing (sadd al-dhara’i’).
- Those forbidden by marriage ties: the mothers of one’s wives (by the mere contract), and stepdaughters (the daughters of a wife with whom the marriage has been consummated).
- The prohibition of combining two sisters: it is not permissible to be married to two sisters at the same time.
- The permissibility of what lies beyond that: the women not mentioned in the verse are permissible.
- Enjoyment and the bridal gift (sadaq): it is not permissible to enjoy a woman except after marriage. The bridal gift is in exchange for enjoyment, and it has no maximum or minimum.
- Making marriage easy and its importance: encouragement to make marriage easy and to lower dowries, and an explanation of the harms of excessive dowries.
Some important benefits:
- The meaning of the “way” in Hajj.
- The importance of the Sunnah in explaining the Qur’an.
- The obligation to follow the Sunnah.
- The types of ‘iddah and their rulings.
- The women forbidden in marriage by lineage, breastfeeding, and marriage ties.
- The rulings on the bridal gift.
- The importance of making marriage easy.
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