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 1214 onward: accepting a solitary report from a woman:
In this part, Imam al-Shafi’i focuses on an important issue: accepting the solitary report even when the informant is a woman, while distinguishing between narration and testimony.
- The difference between narration and testimony: He explains that there is a difference between narration (riwayah, transmitting a report) and testimony (shahadah). Testimony requires two upright men, or a man and two women, as witnesses, whereas a narration may be transmitted from a single person, even a woman.
- Hadiths narrated by female Companions: He points out that there is a body of hadiths narrated from the Prophet ﷺ by female Companions, such as ‘A’ishah, Umm Salamah, and others.
- The hadith of al-Furay’ah bint Malik ibn Sinan: Al-Shafi’i cites a hadith from Malik, from Sa’d ibn Ishaq, from Ka’b ibn ‘Ujrah, from his paternal aunt Zaynab bint Ka’b, that al-Furay’ah bint Malik ibn Sinan (the sister of Abu Sa’id al-Khudri) told her that she came to the Prophet ﷺ asking to return to her family among Banu Khudrah, because her husband had gone out in pursuit of some runaway slaves of his and they had killed him. The Prophet ﷺ gave her permission, then called her back, asked her about her story, and said to her: “Remain in your house until the prescribed term is fulfilled,” that is, until her waiting period (‘iddah) ends.
- The Prophet ﷺ revising his fatwa: He points out that the Prophet ﷺ revised his fatwa in this story, and that this is permissible for a mufti; indeed, it is the better course if the truth becomes clear to him. He mentions the story of Sa’d ibn Ibrahim, who reversed his ruling when a hadith contradicting it reached him, and the story of al-Shafi’i’s anger when he was asked, “Do you hold that view?” after he had mentioned a hadith.
- The waiting period of a widow: He explains that the waiting period of a woman whose husband has died is four months and ten days, and that she does not leave the marital home until her waiting period ends. He mentions some of the wisdom behind this, such as fostering familiarity between her and her husband’s family, and the possibility of taking her back if the divorce was revocable.
- ‘Uthman asking about al-Furay’ah’s story: He shows that ‘Uthman (may Allah be pleased with him) asked about al-Furay’ah’s story during his caliphate; she told him of it, and he followed it and ruled by it. Al-Shafi’i comments that ‘Uthman, with his leadership and knowledge, ruled on the basis of the report of a woman of the Ansar, so what sufficed for ‘Uthman suffices for people.
- The hadith of Ibn ‘Abbas on the menstruating woman departing before the farewell tawaf: Al-Shafi’i cites another hadith from Muslim ibn Khalid al-Makki, from Ibn Jurayj, from al-Hasan ibn Muslim, from Tawus, that Ibn ‘Abbas used to give the fatwa that a menstruating woman may depart before the farewell tawaf, and that Zayd ibn Thabit objected to this. Ibn ‘Abbas said to him: “As for that, ask so-and-so, the woman of the Ansar.” Zayd asked her and came back laughing, saying: “I see nothing but that you have spoken the truth.”
- Al-Shafi’i’s explanation of the hadith of Ibn ‘Abbas: Al-Shafi’i explains the hadith of Ibn ‘Abbas as follows: Zayd had heard the prohibition against pilgrims departing before the farewell tawaf, and in his view the menstruating woman was included in that prohibition. When Ibn ‘Abbas gave a fatwa contrary to that, he objected; then he asked the woman, believed her, and abandoned his disagreement with Ibn ‘Abbas.
- Al-Shafi’i’s use of Ibn ‘Abbas’s story as proof for accepting a woman’s report: Al-Shafi’i uses this story as evidence for accepting a solitary report even from a woman, since Ibn ‘Abbas, Zayd ibn Thabit, and ‘Uthman accepted the woman’s report and acted on it.
- Conclusion: Al-Shafi’i stresses that these examples show that it is permissible to accept a solitary report even from a woman, and that this is what the practice of the Companions was.
Some additional benefits:
- Explaining the importance of distinguishing between narration and testimony.
- The permissibility of a mufti revising his fatwa if the truth becomes clear to him.
- Some of the wisdom behind a woman remaining in the marital home during her waiting period.
- Explaining the standing of the Companions (may Allah be pleased with them) and their eagerness to follow the truth.
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