In the name of Allah, the Most Gracious, the Most Merciful. 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 covered in this part of the explanation of al-Risalah by Imam al-Shafi’i, focusing on the important points and clarifications.
The importance, for the student of knowledge, of knowing the points of agreement and disagreement:
- Before taking a leading role, the accomplished student of knowledge must distinguish between the points of agreement (consensus) and the points of divergence (disagreement).
- A student of knowledge may not claim disagreement on a question on which there is consensus, or claim consensus on a question on which there is disagreement.
- This distinction is the balance by which the student of knowledge should proceed.
The abundance of questions of disagreement and the scarcity of questions of agreement:
- Questions of agreement are limited, whereas questions of disagreement are very numerous.
- He mentioned the story of the man who boasted of his father’s knowledge, though his father had memorized nothing but al-Fatihah; yet he would answer every question by saying “There are two views on it,” indicating how widespread disagreement is.
- Sometimes “two views” are cited to indicate abundance rather than an exact number.
The importance of grasping the foundations of disagreement:
- Whoever grasps the foundations of disagreement attains a great understanding of fiqh.
- There are books written on the science of disagreement as an independent discipline, in addition to the questions of disagreement found in the books of fiqh.
- The first to write on this subject did so in the fourth century AH.
An example of the scholars’ differing understanding of the hadith forbidding facing or turning one’s back to the qiblah when relieving oneself:
- Al-Shafi’i cited the hadith of Abu Ayyub al-Ansari: “Do not face the qiblah or turn your backs to it when defecating or urinating; rather, face east or west.”
- He also cited the account of ‘Abd Allah ibn ‘Umar: “I climbed onto the roof of a house of ours and saw the Messenger of Allah ﷺ on two bricks, facing Bayt al-Maqdis, relieving himself.”
- Al-Shafi’i explained how the Companions understood the hadith differently:
- Abu Ayyub understood it as general, and so held that it is forbidden absolutely, both in open country and in buildings.
- ‘Abd Allah ibn ‘Umar understood it as specified, and so held that it is forbidden in open country only and permissible in buildings.
- Al-Shafi’i explained that Abu Ayyub acted on what he heard and saw, whereas [Ibn ‘Umar] distinguished, on the basis of an indication, between the situation in open country and in buildings.
- Al-Shafi’i said: “Likewise, whoever hears a hadith should hold to it in its generality and entirety until he finds an indication by which to make a distinction within it.”
- This contains a refutation of the fanatical blind followers who claimed that adhering to the apparent meaning of the text leads to unbelief.
- The default is to act on the hadith one has heard, and then to search for an indication that distinguishes between texts, if one exists.
- He mentioned the hadith of Husayn ibn ‘Abd al-Rahman from Sa’id ibn Jubayr on ruqyah, and its reconciliation with the hadith of Ibn ‘Abbas negating ruqyah except for the evil eye or a sting. They are reconciled by saying that the negation here is not an absolute negation but a negation of superiority or greater benefit.
Another example of reconciling texts: drinking while standing and while sitting:
- The prohibition of drinking while standing is established, and it is also established that the Prophet ﷺ drank while standing.
- Reconciling the two:
- It was said: the Prophet’s ﷺ action was out of necessity (such as crowding).
- It was said: his action removed the prohibition from the level of prohibition to that of dislike, so drinking while standing is permissible but disliked.
- The preponderant view: the Prophet ﷺ never did anything disliked, and his action shows that both are permissible, but drinking while sitting is better.
Imitation (taqlid) and inference (istidlal):
- Inference can only be undertaken by one who is qualified for it.
- Imitation is forbidden for a scholar who is able to infer, unless a particular question becomes closed to him, in which case he may imitate someone more knowledgeable than himself on it.
- Imitation is permissible for laypeople when necessary, if a trustworthy person informs them of the evidence.
- If someone who is not trustworthy reports a hadith, it is not accepted unless he states its source.
- He mentioned the story of the university student who cited a verse that was not authentic, to show the importance of verifying the authenticity of texts.
The response to al-Shawkani on the question of a conflict between word and deed:
- Al-Shawkani holds that the Prophet’s ﷺ words are addressed to the Ummah while his actions are specific to him, so if word and deed conflict, the word is more general.
- Al-Shafi’i’s position answers this: the Prophet’s ﷺ action is a proof just like his word, and no one should refrain from something the Messenger of Allah ﷺ did.
- The account of ‘Abd Allah ibn ‘Umar shows that the Prophet’s ﷺ action specified his word, or that the two hadiths are reconciled by applying each to its own situation (prohibition in open country, permission in buildings).
An important principle: “Likewise, whoever hears a hadith should hold to it in its generality and entirety until he finds an indication by which to make a distinction within it.”
Some important benefits:
- The importance of distinguishing between points of agreement and disagreement.
- The abundance of questions of disagreement and the scarcity of questions of agreement.
- The importance of grasping the foundations of disagreement.
- Reconciling the hadith forbidding facing or turning one’s back to the qiblah with the action of the Prophet ﷺ.
- Reconciling the hadiths on ruqyah.
- Reconciling the hadiths on drinking while standing and while sitting.
- The rulings on imitation and inference.
- The response to al-Shawkani on the question of a conflict between word and deed.
- An important principle in acting on hadith.
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