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.
Paragraph 1051 onward: continuing the discussion of the solitary report:
- The importance of the question of the solitary report: Al-Shafi’i explained the importance of this question in the principles of jurisprudence and in creed, since the majority of scholars accept the solitary report even in matters of creed, while some groups, such as the Zahiris, the Ash’aris, and the Mu’tazilah, dissented.
- The most important works on this question: He mentioned al-Shafi’i’s book al-Risalah, Ibn Hazm in al-Ihkam, Shaykh al-Islam Ibn Taymiyyah, and Shaykh al-Albani’s treatise Khabar al-Wahid Hujjah fi al-‘Aqa’id (The Solitary Report Is a Proof in Matters of Creed).
- Affirming the solitary report is a foundation in itself: Al-Shafi’i stressed that the affirmation of the solitary report is too strong to need comparison with anything else; it is a foundation in itself.
The debate on the solitary report and testimony:
- The debate between al-Shafi’i and his interlocutor continued over the similarities and differences between the solitary report and testimony.
- Al-Shafi’i explained that a report is not like testimony in everything; rather, they agree in some respects and differ in others.
- The interlocutor’s question about how they can agree in some matters and differ in others: Al-Shafi’i answered by asking the interlocutor about testimony itself: is it uniform in all its matters, or only in some?
- The interlocutor’s admission that testimony differs in some matters: The interlocutor admitted that testimony differs in the number of witnesses required according to the case (four for fornication; two for homicide, unbelief, and highway robbery; two witnesses, or one witness and two women, for property; and one woman for women’s physical defects).
- Al-Shafi’i’s use of this difference to show that the solitary report may differ from testimony: Al-Shafi’i used this difference within testimony as evidence that the solitary report may differ from testimony in some matters, such as the number of informants, while agreeing with it in the basic principle of acceptance.
- The interlocutor’s argument from report and inference in fixing the number of witnesses: The interlocutor argued that the number of witnesses in testimony was fixed by texts of the Qur’an and Sunnah (report) and by custom (inference).
- Al-Shafi’i’s reply that the solitary report is likewise established by report and inference: Al-Shafi’i replied that accepting the solitary report is likewise established by report (such as the Prophet ﷺ sending Mu’adh, Abu Musa, and others individually) and by inference (such as the Muslims’ reliance on solitary hadiths in many rulings of prayer and other acts of worship).
Women’s testimony regarding childbirth:
- Al-Shafi’i asked his interlocutor about accepting women’s testimony regarding childbirth while not accepting it in financial transactions (a dirham).
- The interlocutor answered that it was by following the report (that is, the texts that assigned specific numbers to certain kinds of testimony).
- Al-Shafi’i’s reply citing the consensus on accepting a woman’s testimony in women’s matters: Al-Shafi’i pointed out that the Muslims are agreed on accepting the testimony of a trustworthy woman in women’s matters such as breastfeeding and childbirth, and this consensus is a valid evidence.
- Al-Shafi’i’s acknowledgement that custom is taken into account and that consensus may rest on a recognized custom: Al-Shafi’i acknowledged that custom may be a valid proof, and that consensus may be on a recognized custom; this is of the utmost importance.
- Conditions for accepting the report of a single woman in women’s matters: For accepting the report of a single woman in women’s matters, al-Shafi’i required that she be:
- Trustworthy: upright and known for truthfulness.
- Precise: understanding what she says and not altering meanings.
- Supported by circumstantial indications: there must be other indications that support her truthfulness.
Conclusion:
- Al-Shafi’i continued to establish the probative force of the solitary report and to answer his interlocutor’s objections.
- He explained where the solitary report and testimony agree and where they differ.
- He stressed that the probative force of the solitary report is established by report and by inference.
- He acknowledged that custom is taken into account and that consensus may rest on a recognized custom, and he laid down conditions for accepting the report of a single woman in women’s matters.
Some important benefits:
- The probative force of the solitary report in the principles of jurisprudence and in creed.
- Where the solitary report and testimony agree and where they differ.
- The probative force of custom and of consensus on a recognized custom.
- Conditions for accepting the report of a single woman in women’s matters.
- The response to those who deny the probative force of the solitary report in matters of creed.
- The response to some contemporary ideas about the rights of men and women.
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