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, with some additions that help in understanding the issue more deeply:
Continuation of the Chapter on Ijtihad (paragraph 1312 onward): ijtihad in estimating the compensation for game, and testimony:
In this part, Imam al-Shafi’i continues his discussion of ijtihad, giving further examples of it in the issues of estimating the compensation for game and accepting testimony.
- Arguing from the verse on the compensation for game: Al-Shafi’i cites the saying of Allah the Exalted: “O you who have believed, do not kill game while you are in the state of ihram. And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you as an offering [to Allah] delivered to the Ka’bah” (Surah al-Ma’idah 5:95). He explains that the game meant here is land game, that the compensation is from livestock (na’am: camels, cattle, and goats), that two just men judge it, and that the offering is made in Makkah.
- Equivalence in the compensation: Al-Shafi’i clarifies that equivalence in the compensation is in the body (size and form), not in value, because prices differ from one land and time to another.
- Examples from the judgments of the Companions: Al-Shafi’i mentions examples from the Companions’ judgments in estimating the compensation:
- For a hyena: a ram.
- For a gazelle: a she-goat.
- For a rabbit: an ‘anaq (a female goat less than a year old).
- For a jerboa: a jafrah (a young goat).
- Ijtihad in estimating the equivalent: Al-Shafi’i explains that the estimation of the equivalent may be close (as the she-goat and the gazelle are close) or distant (as the jafrah is distant from the jerboa).
- The ruling on birds: Al-Shafi’i clarifies that birds have no equivalent among livestock, because of the difference in form (khilqah) and in created nature (khalq). Khilqah refers to attributes, shapes, and characteristics, while khalq refers to the original state in which Allah brought it into being.
- The compensation for birds: He explains that the compensation for birds is by value, and the bird’s value is estimated according to its day and its land, because prices differ with times and places.
- Ijtihad in accepting testimony: Al-Shafi’i explains that accepting the testimony of a person of probity is obligatory, and that this indicates the rejection of the testimony of one lacking probity. He clarifies that probity is not known from a person’s body or speech, but from testing in reality.
- The sign of probity: He clarifies that the sign of probity is the witness’s truthfulness as tested from his own conduct, and that if the predominant part of his affairs is outwardly good, his testimony is accepted even if he has some slight shortcoming, since no one is free of sins.
- Mixing sins with righteous deeds: He clarifies that if a witness mixes sins with righteous deeds, ijtihad is exercised regarding what predominates in his affairs, by distinguishing between his good and his bad.
- Rulings differing through differing ijtihad in testimony: He explains that judges may differ in accepting the testimony of the same person because they differ in their ijtihad in assessing his condition, and this difference is permissible.
- The lifted error: He points to the concept of the lifted error (khata’ mawdu’), that is, one that carries no consequence.
Some additional benefits:
- Showing the precision of Islamic adjudication and its care for achieving justice.
- Emphasizing the importance and gravity of testimony.
- Clarifying the conditions for accepting testimony.
- Distinguishing between khilqah and khalq.
- Touching on the issue of prices differing with lands and times.
Remarks on some points:
- It was clarified that equivalence in the compensation for game is in the body, not in value, because prices differ with lands and times.
- The meanings of khilqah and khalq were explained: khilqah is attributes, shapes, and characteristics, while khalq is the original state in which Allah brought a thing into being.
- It was clarified that testimony is accepted on the basis of good predominating in the witness, and that no one is free of sins.
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