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:
A quick review of the issue of analogy (the paragraphs preceding 1467):
This review covered the linguistic and technical definitions of analogy, its relation to ijtihad, its pillars, its types (valid and invalid), and the importance of observing the objectives of the texts.
- Analogy linguistically: measuring something against the model of another thing, and returning a thing to its counterpart, equal, and likeness.
- Analogy technically: applying a branch to an original on account of an effective cause common to both.
- The original (asl): the text or the consensus.
- The branch (far’): the disputed issue.
- The effective cause (‘illah): the suitable attribute or the resemblance between the original and the branch.
- Example: prohibiting an intoxicating drink by analogy to wine because of the effective cause of intoxication.
- Analogy and ijtihad: Al-Shafi’i regards the two terms as synonymous, bearing in mind that synonymy here means closeness, not absolute equality in meaning.
- The basis of analogy: a text (the Book or the Sunnah), consensus, and clear, evident analogy.
- Valid analogy: that which agrees with the foundations (the Book, the Sunnah, and consensus). Example: analogizing rice to wheat on the common ground of being measured by volume.
- Invalid analogy: that which contradicts a text. Example: analogizing the permissibility of a woman marrying herself off without a guardian (wali) to the permissibility of her disposing of her own wealth.
- The importance of observing the objectives of the texts: A warning against rigidly adhering to the wording of texts without understanding their objectives, with an example given on the issue of a virgin’s consent to marriage.
- Istihsan (juristic preference): Al-Shafi’i included the topic of istihsan within his treatment of analogy, and it was explained that sound istihsan is judging a matter by indicators present within it, carried out by an expert scholar, and not mere taste and following of whims.
Paragraph 1467 onward: the conditions and etiquette of the mujtahid:
This paragraph dealt with the conditions and etiquette of the mujtahid, the difference between the error of a scholar and the error of an ignorant person, the importance of prior knowledge, the aspects of knowledge, and the qualities of the mujtahid.
- The difference between the error of a scholar and the error of an ignorant person: The deliberate error of a scholar is closer to sin than the unintentional error of an ignorant person, because the scholar is required to investigate and verify, and his error may lead others astray, whereas the ignorant person is excused by his ignorance.
- The meaning of “ja’ir” in al-Shafi’i’s statement: It does not mean “permissible” (from jaza); rather, it means “transgressing” (from jara), that is, one who has overstepped the truth and not arrived at it.
- The aspects of knowledge: the Book, the Sunnah, consensus, and athar (the statement of a Companion when it has spread and has not been contradicted).
- The conditions of the mujtahid:
- Gathering the tools: that is, the sciences he uses in ijtihad, such as knowledge of the rulings of the Book of Allah (its obligations, its etiquette, its abrogating and abrogated, its general and specific, and its guidance); the sunan of the Messenger of Allah ﷺ; the aqawil of the Salaf (their many opinions and beliefs); the consensus of people (the people of knowledge among the Salaf); the language of the Arabs (understanding its significations and the meanings of its words, while taking account of differences between eras); and soundness of mind (that is, that the mujtahid be in a state of mental clarity).
- Being fair-minded toward oneself: that is, humbling oneself and submitting to the truth, treating one’s opponent fairly even against oneself, and knowing the basis for what one holds and what one leaves.
- Not being deluded about oneself: a warning against self-delusion and thinking oneself better than those who differ in opinion.
Some additional benefits:
- Clarifying the signification of the word sunan for al-Shafi’i: it includes the Sunnah of the Prophet ﷺ and the practice of the Companions and the Successors, that is, the actual application of the Sunnah.
- Clarifying the signification of the word aqawil: it is a plural of a plural, indicating the very great number of the opinions of the Salaf.
- Emphasizing the importance of knowing the language of the Arabs by understanding the significations and meanings of words, not merely knowing its structures and rules.
- Noting that arguing from the language of the Arabs requires knowing the pitfalls of such argumentation and the differences between eras.
- Emphasizing the importance of soundness of mind and fair-mindedness toward oneself for the mujtahid.
Remarks on some points:
- It was clarified that ja’ir in al-Shafi’i’s usage in this context does not mean “permissible” but “transgressing,” that is, one who has overstepped the truth and not arrived at it.
- The meaning of sunan was explained: it includes the Sunnah of the Prophet ﷺ and the Companions’ and Successors’ understanding of it.
- The signification of aqawil was explained: it is a plural of a plural, indicating the very great number of the opinions of the Salaf.
- The importance of understanding the significations of words in the language of the Arabs, not merely knowing their structure, was emphasized.
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