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Lesson 64

The opening of Imam al-Shafi'i's chapter on consensus (ijma'): its meaning, its authority, its textual basis, and the principle that the Ummah does not agree on contradicting the Sunnah, with notes on combining apparently conflicting texts.

Fiqh and Legal Theory2024-12-28

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 detailed 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:

The Chapter on Consensus (paragraph 1309 onward): the definition of consensus, its authority, and the conditions for its realization:

Imam al-Shafi’i begins the chapter on consensus (ijma’) by clarifying its meaning, its authority, and the conditions for its realization, within the context of the discussion of the legal proofs.

  • The linguistic meaning of ijma’: a group of people coming together on a matter; it cannot be conceived as occurring along with division.
  • Expressions close to ijma’: agreement (ittifaq), “the view of the people of knowledge,” and “what the people of knowledge have come to.” These expressions are used in the sense of consensus, but they are not explicit statements of it.
  • A discussion about the authority of consensus: Al-Shafi’i presents a discussion with an interlocutor (who may be hypothetical or real) about the authority of consensus, after having explained his position on the rulings of Allah and His Messenger ﷺ.
  • The meaning of hukm (ruling): the address of Allah the Exalted to those legally responsible. It is called a hukm for two reasons:
    • Because of the wisdom (hikmah), precision (ihkam), strength, and soundness it contains.
    • In the sense of restraining, that is, restraining the soul from following whims and opinions that contradict the rulings of Allah.
  • Allah’s rulings are of two kinds:
    • Prescriptive (shar’iyyah): such as the obligation of prayer.
    • Declaratory (wad’iyyah): rulings established by way of relation, such as death being a cause for the distribution of inheritance. This making and relational ordering goes back to the Shariah.
  • The principle “Whoever accepts from the Messenger of Allah has accepted from Allah”: Al-Shafi’i explains that whoever accepts from the Messenger of Allah ﷺ has accepted from Allah, because Allah made obedience to His Messenger obligatory, as in His saying, “O you who have believed, obey Allah and obey the Messenger” (Surah an-Nisa’ 4:59), and His saying, “He who obeys the Messenger has obeyed Allah” (Surah an-Nisa’ 4:80).
  • The principle “It is not permissible for a Muslim who knows a text of the Book or a Sunnah to say something contrary to either of them”: Al-Shafi’i emphasizes that it is not permissible for a Muslim who knows a text of the Book or a Sunnah to say anything contrary to either of them. For him, knowledge is not mere acquaintance; rather, it is attaining verification of the matter.
  • A question about the authority of consensus: The interlocutor asks al-Shafi’i about his proof for following what people have agreed upon in matters where there is no textual ruling from Allah or from His Messenger.
  • The question of the basis (mustanad) of consensus: Al-Shafi’i explains that whatever the scholars have agreed upon and mentioned as being reported from the Messenger of Allah ﷺ is so, if Allah wills. As for what they did not report from the Prophet ﷺ, it may be based on a text from him, and it may be otherwise. It is not permissible for us to count it as a report from him unless it was heard, since a report must involve transmission.
  • The principle “Knowledge is that in which one says ‘he narrated to us’ and ‘he informed us’; anything besides that is the whispering of devils”: Al-Shafi’i indicates that knowledge is that which comes with “he narrated to us” and “he informed us,” that is, through sound transmission, and anything besides that belongs to conjecture and illusion.
  • The Ummah’s agreement not to contradict the Sunnah: Al-Shafi’i affirms that the Ummah does not agree on contradicting the Sunnah of the Messenger of Allah ﷺ, nor on an error. A Sunnah may escape some of the Companions, but it does not escape them in general.
  • The hadith “May Allah brighten the face of a servant who heard my words, memorized them, understood them, and conveyed them…”: Al-Shafi’i cites the hadith “May Allah brighten the face of a servant who heard my words…” as evidence for the importance of preserving knowledge and conveying it.
  • The hadith of ‘Umar ibn al-Khattab at al-Jabiyah: Al-Shafi’i cites the hadith of ‘Umar ibn al-Khattab at al-Jabiyah, which urges honoring the Companions and holding fast to the jama’ah (the community). He explains that what is meant by the jama’ah here is what the Muslims have agreed upon, not merely physical togetherness. He cites the hadith “The blood of a Muslim is not lawful except in one of three cases…”, among which is “the one who abandons his religion and separates from the jama’ah,” to show that the separation meant here is separation from what the Ummah has agreed upon.
  • The difference between gathering texts and reconciling texts: He clarifies the difference between “gathering the texts” (jam’ al-nusus: presenting all the texts on a topic and understanding them with a single understanding) and “reconciling between the texts” (al-jam’ bayn al-nusus: harmonizing texts that appear to conflict).
  • An example of reconciling texts: He mentions the example of the hadith of ‘A’ishah, “Whoever tells you that the Prophet ﷺ urinated standing has lied,” and the hadith of Hudhayfah in which the Prophet ﷺ urinated standing. He explains that they are reconciled by taking Hudhayfah’s hadith to refer to a case of necessity, while the default is to urinate sitting.
  • Explanation of the hadith “Whoever is pleased by his good deed and saddened by his bad deed is a believer”: He explains that the believer rejoices at a good deed, regarding it as success granted by Allah, and grieves over a bad deed, regarding it as a shortcoming of his own.

Summary of the session:

  • Clarifying the meaning of consensus and its authority.
  • Explaining the principle “Whoever accepts from the Messenger of Allah has accepted from Allah.”
  • Emphasizing that the Ummah does not agree on contradicting a Sunnah.
  • Clarifying what is meant by the jama’ah in the hadith of ‘Umar ibn al-Khattab.
  • Explaining the difference between gathering texts and reconciling texts.
  • Explaining the hadith “Whoever is pleased by his good deed and saddened by his bad deed is a believer.”

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