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:
A quick review of the issue of analogy was given, covering its definition, pillars, and types, with a focus on the relation between analogy and ijtihad and the importance of observing the objectives of the texts.
Paragraph 1474 onward: the conditions and etiquette of the mujtahid (continued):
A continuation of the conditions and etiquette of the mujtahid, with detail on the meaning of ijtihad, taqlid, and ittiba’, and an explanation of the concept of the conclusive proof (al-hujjah al-bahirah).
- The utmost effort and fair-mindedness: The mujtahid must exert his utmost effort and be fair-minded toward himself, not following his whims, because fair-mindedness is attained only after struggling against the self.
- Knowing the basis: The mujtahid must know the basis for what he holds and what he leaves, and must not think himself better than those who differ from him in opinion.
- Complete intellect and knowledge: It is not permissible for someone whose intellect is complete but who is not knowledgeable in what was mentioned earlier (the conditions of ijtihad) to pronounce by analogy.
- Analogy is religion: Analogy is a matter of religion and religious devotion, not merely an intellectual operation.
- The conclusive proof (al-hujjah al-bahirah): This is the highest degree of evidence, and it includes:
- The text: (the Book, or a Sunnah that is sound in chain and in understanding). Soundness of the chain concerns the Sunnah; as for the Qur’an, it needs nothing else to prove its authenticity.
- Consensus: (explicit or tacit, and having a basis in a text).
- The necessary demonstration (al-burhan al-lazim): that which yields only one conclusion, admitting no reinterpretation.
- Analogy in cases of necessity: Analogy is not an independent proof; rather, it is resorted to in cases of necessity, that is, when there is no text, consensus, or necessary demonstration. Necessity here means the harm that would occur if analogy were not resorted to.
- The conditions of the one drawing analogy: In addition to the above, the one who draws analogy is required:
- Not to be knowledgeable by memorization only, but to have real understanding and a grasp of the language.
- Not to be deficient in intellect or deficient in knowledge of the language of the Arabs.
- The prohibition of taqlid and the command of ittiba’: Al-Shafi’i was among those who prohibited taqlid and commanded ittiba’. The difference between them:
- Taqlid (blind following): accepting another’s statement without knowing its evidence.
- Ittiba’ (following with insight): following in the footsteps of one who is thought to have the proof on his side after investigation and reflection; it is a kind of ijtihad in choosing what is closest to the truth.
- Asking the people of remembrance: The command to ask the people of remembrance (ahl al-dhikr, the scholars) relates to the state of the questioner: if he understands the discourse, the evidence is explained to him; otherwise, the answer alone suffices.
Some additional benefits:
- Clarifying the meanings of “effort” and “utmost” in al-Shafi’i’s words.
- Clarifying the relation between fair-mindedness, brokenness of heart, and humility.
- Emphasizing the importance for the mujtahid of knowing the basis for what he holds and what he leaves.
- Detailing the meaning of the conclusive proof and its types.
- Explaining the meaning of necessity among the scholars of legal theory and its relation to its linguistic meaning.
- Precisely distinguishing between taqlid and ittiba’, and showing that ittiba’ is a kind of ijtihad.
- Clarifying that asking the people of remembrance relates to the state of the questioner and his ability to understand.
Remarks on some points:
- It was clarified that ‘ala in the context of wa-‘alayhi (“and it is upon him”) denotes obligation and is not a genitive-governing particle.
- The difference between jahd and juhd was explained, and that juhd is broader, including the exertion of one’s capacity with or without hardship.
- It was explained that the fair-minded person (munsif) is the just person, and that fair-mindedness is attained after struggling against the self.
- The difference between taqlid and ittiba’ was explained, and that ittiba’ is a kind of ijtihad in choosing what is closest to 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