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 Imam al-Shafi’i’s al-Risalah, focusing on the important points and clarifications, and supplemented with some additions and explanations that help in understanding the issue more deeply.
Paragraph 1160 onward: completing the issue of accepting the solitary report:
Imam al-Shafi’i continues to set out the authority of the solitary report, citing as evidence examples from the judgments and juristic reasoning of the Companions.
- The report of Sa’id ibn al-Musayyib on ‘Umar’s ruling on blood-money for the fingers: Sufyan and ‘Abd al-Wahhab narrate from Sa’id ibn al-Musayyib that ‘Umar ibn al-Khattab ruled that the blood-money for the thumb is fifteen camels, for the finger next to it ten, for the middle finger ten, for the finger next to the little finger nine, and for the little finger six. He explains that the ring finger is valued more than the little finger because the hand’s need for the ring finger is greater than its need for the little finger.
- Commentary on ‘Umar’s ruling: Al-Shafi’i comments that this ruling was well known from ‘Umar, that the Prophet ﷺ had ruled fifty camels for the hand, and that ‘Umar distributed this according to each finger’s place, assigning to each finger its share of the blood-money of the hand.
- The letter of ‘Amr ibn Hazm: Al-Shafi’i points to the letter of ‘Amr ibn Hazm, in which the Messenger of Allah ﷺ said: “And for every finger there, ten camels.” He explains that this report is authentic, that it is found in al-Nasa’i with an authentic chain, and that al-Shafi’i also held it to be authentic.
- The Companions’ acceptance of the letter of ‘Amr ibn Hazm: Al-Shafi’i stresses that the Companions accepted the letter of ‘Amr ibn Hazm without requiring that it be established through another route, and that this shows their acceptance of the solitary report.
- What the report of ‘Amr ibn Hazm indicates: Al-Shafi’i shows two indications in the report of ‘Amr ibn Hazm:
- Acceptance of the solitary report.
- Accepting a report at the time it is established, even if no practice of the imams has already gone in line with the report they accepted. That is, we do not need anyone to have acted on a report in order to accept it, even if that person is a Companion.
- The Companions abandoning their own statements and reasoning for a report from the Messenger of Allah ﷺ: Al-Shafi’i stresses that if one of the imams had already acted on something and then found a report from the Prophet ﷺ contradicting his practice, he would abandon his practice for the report of the Messenger of Allah ﷺ. He gives examples of this:
- Sa’d ibn Ibrahim reversing his own ruling in favor of the ruling of the Messenger of Allah ﷺ when a hadith contradicting his ruling reached him.
- Malik retracting his fatwa that one need not run water between the toes and fingers in ablution when the hadith of al-Mustawrid ibn Shaddad on doing so reached him.
- ‘Abdullah ibn ‘Abbas’s statement on a matter of Hajj, when he was told that Abu Bakr ordered ifrad (Hajj alone): “Stones are about to fall upon you from the sky! I say, ‘The Messenger of Allah said,’ and you say, ‘Abu Bakr and ‘Umar said’?”
- ‘Abdullah ibn ‘Umar’s statement: “The Sunnah of the Messenger of Allah is more deserving than the practice of my father.”
- Ahmad ibn Hanbal’s statement: “I am amazed at someone who knows the chain of transmission and its authenticity, then goes to the opinion of Sufyan.”
- Al-Shafi’i’s anger when he was asked, “Do you hold that view?” after he had mentioned a hadith from the Prophet ﷺ.
- The book Iqaz Himam Uli al-Absar: He recommends the book Iqaz Himam Uli al-Absar by Imam al-Fullani, which explains the relationship between the statements of the imams and the transmitted reports.
- Al-Shafi’i repeating a meaning for benefit: He explains that al-Shafi’i sometimes repeats a meaning for the sake of benefit and to fix the meanings firmly.
- Muslims did not stop accepting the report because ‘Umar had acted otherwise: He stresses that the Muslims did not abandon accepting the report because ‘Umar had acted contrary to it; rather, they turned to what was obligatory upon them, namely accepting the report from the Messenger of Allah ﷺ and abandoning every practice that differed from it.
- The story of Abu Musa al-Ash’ari with ‘Umar about seeking permission to enter: The story is mentioned in which Abu Musa asked permission three times and was not given it, so he went back. ‘Umar called him and asked why he had gone back, and he mentioned a hadith he had heard from the Prophet ﷺ about seeking permission. ‘Umar asked him to confirm it, a group of the Ansar testified for him, and ‘Umar acted upon it.
- A report may not reach the more eminent among the Companions: He explains that a report may not reach a more eminent Companion while someone below him in age, nobility, virtue, and knowledge knows it, and the former then accepts it.
- Encouragement to study juristic issues in the Companions’ practice from books with chains: He encourages studying juristic issues as found in the practice of the Companions from books that transmit with chains, and recommends Ibn ‘Abd al-Barr’s al-Tamhid and Ibn Hazm’s al-Muhalla.
- The story of the grandmother with Abu Bakr: The story is mentioned of the grandmother who came to Abu Bakr asking about inheritance. He said to her, “I have looked in the Book of Allah and in the Sunnah of the Messenger of Allah ﷺ and did not find any inheritance for you.” Then Muhammad ibn Maslamah and al-Mughirah ibn Shu’bah stood up and testified that they had been present when the Messenger of Allah ﷺ gave her one-sixth, so Abu Bakr gave her one-sixth.
- ‘Umar’s return from his reasoning to the letter of ‘Amr ibn Hazm: He stresses that ‘Umar retracted his reasoning on the blood-money for the fingers in favor of the letter of ‘Amr ibn Hazm.
- The obligation to abandon an action that contradicts the text: He stresses that if it is established that an action contradicts the text, it must be abandoned for what is established from the Messenger of Allah ﷺ.
Some subsidiary issues:
- Ruling on cutting off an extra finger: It is mentioned that cutting off an extra finger does not require blood-money.
- Ruling on accidentally cutting off a finger at work: It is mentioned that accidentally cutting off a finger at work requires a reduced blood-money, and the parties may come to a mutual settlement over it.
- The prohibition of deliberately cutting off a finger or destroying another limb: He stresses that it is forbidden to deliberately cut off a finger or destroy another limb in order to evade military service or for any other purpose.
We ask Allah the Exalted to grant us success in understanding His Book and the Sunnah of His Prophet ﷺ, and to make us among those who follow them.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb