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 discussion of the relationship between the Sunnah and the Book, and the rulings on the waiting period (‘iddah):
- The standing of the Sunnah in relation to the Book:
- The Sunnah is an explanation of the Book, and it is like it in authority, as the Prophet ﷺ said: “Indeed, I have been given the Book and something like it along with it.”
- It is not permissible to say that the rank of the Sunnah is lower than the Book; rather, it is revelation from Allah the Exalted.
- The ‘iddah and its causes:
- The ‘iddah is due either to death or to divorce.
- The ‘iddah of a divorced woman: three quru’ (menstrual periods or periods of purity). Qur’ is a homonym applied to a meaning and its opposite.
- The ‘iddah of a woman whose husband has died: four months and ten days.
- The ‘iddah due to death:
- The noble verse: “And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]” (Al-Baqarah 2:234).
- Counting the ‘iddah is left to the women.
- In “yatarabbasna” (they shall wait), the nun here is the feminine plural nun, not the nun of emphasis.
- “Four months and ten” means four months and ten days, not fourteen months.
- The reason for specifying the ten days: the jurists have various views, and the more preponderant is that it is a devotional ruling (hukm ta’abbudi).
- The example of the command to wash the hand three times on waking from sleep is mentioned, and that its reason is also devotional.
- The example of the differing number of units in the prayers is mentioned, and that we may not know the wisdom behind it.
- The example of dividing inheritance so that the male receives the share of two females is mentioned, and that its reason is also devotional, and that the secularists’ attempt to change the rulings of the Shari’ah based on their understanding of the reasons behind them is mistaken.
- “And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner” (Al-Baqarah 2:234):
- The address here is to the guardians (the men).
- “In an acceptable manner” (bil-ma’ruf) means in a way that conforms to the Shari’ah; so it is not permissible for a woman, after the ‘iddah ends, to display herself in the manner of the pre-Islamic period of ignorance.
- What the woman in ‘iddah must avoid:
- The apparent meaning of the verse: refraining from marriage and remaining in the home.
- The Sunnah explained what the woman in ‘iddah must avoid of perfume and adornment, as in the hadith of Umm ‘Atiyyah: “We were forbidden to mourn for a deceased person beyond three days, except for a husband, four months and ten days, and not to apply kohl, not to wear perfume, and not to wear dyed clothing except a garment of ‘asb.”
- The meaning of “a garment of ‘asb”: a plain garment with no luxury in it; it does not mean that the garment should be dirty.
- The difference between the text of the Book and the text of the Sunnah:
- Refraining from marriage and residing in the home are established by the Book and the Sunnah.
- Refraining from perfume and adornment is established as an obligation by the Sunnah.
- The hadith of al-Furay’ah bint Malik:
- It explained that the woman observes her ‘iddah in her husband’s house or in a place that is safe for her.
- It is not permissible for her to go out except for a reason or a necessity.
- A reason: an ongoing matter that she cannot abandon (such as fetching food).
- A necessity: an unforeseen matter whose omission would lead to certain harm (such as escaping a fire).
- Indirect (allusive) divorce (al-talaq al-mukanna):
- In it, reference is made to the intention.
- The example of a man saying to his wife “Go to your family” is mentioned.
- A man saying to his wife “You are forbidden to me until the Day of Judgment”:
- This is an oath that has an expiation: freeing a slave, feeding ten poor people, clothing them, or fasting three days.
- The disagreement over the expiation: is it in sequence, by choice, or according to what is most beneficial? (The views of the scholars on this are mentioned.)
- Interpretation of the verse:
- The Sunnah explained how to refrain from adornment and other things, just as it explained prayer, zakah, and Hajj.
- The ruling of the Messenger ﷺ may be an independent ruling, as in the verse: “obey Allah and obey the Messenger” (An-Nisa 4:59).
- Miscellaneous issues:
- The story is mentioned of the man who bequeathed the freeing of all his slaves, and that the Prophet ﷺ did not pray over him.
- The hadith of Abu Bakr and ‘Umar about spending in the cause of Allah is mentioned.
- The hadith of the daughter of al-Jawn and the Prophet’s ﷺ saying to her “Go to your family” is mentioned.
- The story of ‘Umar with his Ansari neighbor and the report about the Prophet ﷺ divorcing his wives is mentioned.
Some important benefits:
- The standing of the Sunnah in relation to the Book.
- The rulings on the ‘iddah and its types.
- The interpretation of the verse on the ‘iddah in Surat al-Baqarah.
- What the woman in ‘iddah must avoid.
- The rulings on indirect divorce.
- The rulings on the oath of saying “You are forbidden to me.”
- The importance of the Sunnah in explaining the Book.
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