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.
Continuing the chapter on marriage (nikah):
- Clarifying the meaning of the verse: “And lawful to you are [all others] beyond these” (An-Nisa 4:24):
- The verse does not directly indicate that marrying the (wife’s) paternal or maternal aunt is lawful after the wife’s death or divorce; rather, it is general and requires detailed explanation.
- It is not permissible to be married at the same time to a woman and her paternal aunt, her maternal aunt, or her sister.
- It is permissible to marry the paternal or maternal aunt after the wife’s death or divorce.
- In summary: there is what is lawful without restriction (such as marriage in principle) and what is lawful subject to a condition (such as marrying the paternal or maternal aunt after separating from her brother’s or sister’s daughter).
- Refuting those who said it is lawful to marry five women:
- It is not permissible to be married to more than four women.
- Marriage to a fifth is annulled, and she becomes lawful only through a valid marriage after separating from one of the four.
- Every legal prohibition invalidates the marriage (such as combining two sisters, or a woman with her paternal or maternal aunt, or marrying more than four).
- Explanation of his statement: “And the fifth was among the lawful in one respect”:
- The fifth is lawful on condition of separating from one of the four, that is, she is not lawful without restriction.
- The paternal and maternal aunt are not permanently forbidden; rather, marrying them becomes lawful after separating from her brother’s or sister’s daughter.
- Conclusion: the verse “And lawful to you are [all others] beyond these” means in the manner by which He made marriage lawful and on the condition upon which He made it lawful, not without restriction.
- Comparison and division:
- An example of comparison and division in speech is mentioned: “Just as it becomes lawful for him to marry a woman if he separates from a fourth, likewise the paternal aunt became lawful if he separated from her brother’s daughter.”
The chapter on forbidden foods:
- The noble verse: “Say, ‘I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine…’” (Al-An’am 6:145):
- The forbidden foods mentioned: carrion, blood that has been spilled out (poured forth), and the flesh of swine.
- The dispute over the meaning of “flesh of swine”: does it include everything that comes from the pig? The majority hold that it includes everything in it.
- The leftover water of a pig (su’r) is impure, like its body.
- Ibn Hazm’s view that the leftover water of a pig is lawful is mentioned.
- Interpretation of the verse:
- The first meaning: nothing is forbidden except what Allah named as forbidden in the verse (carrion, spilled blood, and the flesh of swine). This is what comes to mind from the apparent text (implied meaning, dalalat al-mafhum).
- Implied meaning and explicit meaning (al-mafhum and al-mantuq): the difference between them is explained, and the example “say not to them [so much as], ‘uff’” (Al-Isra 17:23) is mentioned, along with a fortiori analogy (qiyas al-awla).
- The second meaning (the preponderant one): the verse speaks about what the Arabs used to eat, and the Sunnah explained other prohibitions not mentioned in the verse.
- Evidence from the Sunnah: the hadith of Abu Tha’labah and Abu Hurayrah on the prohibition of eating every fanged beast of prey.
- Conclusion: the prohibition is not limited to what is mentioned in the verse alone; rather, there are other prohibitions that the Sunnah explained.
- Conditions of specification (takhsis): one does not claim that something in the Book of Allah or the Sunnah is specific except with an indication in both or in one of them, and provided the verse can bear that specific meaning.
- The possible meanings of the verse:
- The first meaning: nothing is forbidden except what Allah named.
- The second meaning: I do not find in what has been revealed to me anything forbidden of what you used to eat. This is the more preponderant one, based on evidence from the Sunnah.
- Other examples:
- The expiation for accidental killing, the expiation for oaths, zihar, and killing land game: the discussion of the meaning of “a slave” (raqabah) and whether it is unrestricted or must be a believing slave.
- The leftover water of beasts of prey: the story of ‘Umar ibn al-Khattab with the questioner is mentioned.
- The talons of birds: examples of creatures with talons and claws are mentioned (such as cats, the falcon, and the eagle).
- The leftover water of the lion: it is mentioned that it is among what is overlooked, because it is found in rainwater from which people and animals drink.
- Marrying women of the People of the Book (kitabiyyat):
- The ruling: it is permissible to marry a chaste woman of the People of the Book.
- The fatwa in practice: it is not given as a fatwa because of the many harms that result from it (such as weakened attachment to the religion and the loss of the children).
- The example of the loss of al-Andalus because of Muslims marrying Christian women is mentioned.
Some important benefits:
- The interpretation of the verse “And lawful to you are [all others] beyond these.”
- The difference between what is lawful without restriction and what is lawful with a condition.
- The conditions for the validity of marriage.
- The interpretation of the verse “Say, ‘I do not find within that which was revealed to me [anything] forbidden.’”
- The difference between implied meaning and explicit meaning.
- The conditions of specification in the Qur’an and the Sunnah.
- The rulings on marrying women of the People of the Book.
- The difference between a ruling (hukm) and a fatwa.
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