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 was given of the issue of analogy as covered in previous sessions.
Paragraph 1480 onward: examples of analogy and its types (continued):
This part deals with practical examples of analogy and details its types, with a focus on a fortiori indication (dalalat al-awla).
- Positing a question and an answer: Al-Shafi’i uses the method of positing a question and an answer to clarify issues.
- “Ma’na” for al-Shafi’i: By ma’na (“meaning”), al-Shafi’i does not intend the direct linguistic signification of a word; rather, he intends the attribute on which the ruling is based. This is an advanced usage that shows his mastery of the Arabic language.
- Al-nazilah: Among the scholars of legal theory, this means an event that occurs, whether a calamity or otherwise.
- Analogy has aspects: Analogy is of two kinds:
- Linguistic analogy: estimation and unrestricted intellectual effort.
- Legal-theoretical analogy: returning a thing to its counterpart, its like, or what shares its attribute.
- Types of analogy in terms of their basis:
- Self-evident analogy: that which is grasped by the immediacy of reason without effort, because the original, the branch, and the attribute are clear. Example: if two people are in a certain place, they are not in another place.
- Analogy based on evidence (a text): that which relies on a text to establish the effective cause and the ruling.
- The two kinds may combine, and one may be clearer than the other.
- The strongest analogy (a fortiori indication or a fortiori analogy): when the Shariah explicitly prohibits a small amount of something, which is taken as evidence for prohibiting a large amount of the same kind. Example: the prohibition of saying “uff” to one’s parents indicates, a fortiori, the prohibition of striking or insulting them. Likewise, praise of a small act of obedience indicates praise of much of it, and the permissibility of a large amount of something indicates the permissibility of a small amount of it.
- An example from the Sunnah: Smiling in your brother’s face is charity; a fortiori, fulfilling his need is a greater charity.
- An example from the Qur’an: The permissibility of a large amount of water (sea water) indicates the permissibility of a small amount of it.
- An example from the inviolability of the blood and wealth of the hostile disbeliever: If their blood and wealth are made lawful, then a fortiori what is less than that (such as taking captives or taking spoils) is lawful. Some scholars refrain from calling this analogy, saying instead that it is the indication of the text (dalalat al-nass).
- The prohibition of evil suspicion: If evil suspicion concealed in the self is forbidden, then a fortiori it is forbidden to express it and state it openly.
- Suspicion according to Sufyan: Suspicion is of two kinds: sinful suspicion (suspicion that one voices about the honor of Muslims), and suspicion that is not sinful (suspicion that one does not voice).
- Good opinion: The hadith “Good opinion is part of good worship” has a weak chain, but its meaning is sound.
- Evil suspicion with an apparent indicator: There is disagreement among scholars about this.
- The default in dealing with Muslims: a sound heart toward them, overlooking faults, and not pursuing people’s private failings.
- The difference between verbatim and meaning-based statements: A report may be conveyed by meaning rather than verbatim, as in the hadith on the inviolability of the believer’s blood and wealth.
- The prohibition of suspicion in the Qur’an and Sunnah: “Avoid much [negative] assumption. Indeed, some assumption is sin” (Surah al-Hujurat 49:12), and the hadith “Beware of suspicion, for suspicion is the most false of speech.”
- The prohibition of taqlid and the command of ittiba’: Al-Shafi’i prohibits taqlid (accepting another’s statement without evidence) and commands ittiba’ (following in the footsteps of one who is thought to have the proof on his side after investigation and reflection). Ittiba’ 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 relates to the state of the questioner and his ability to understand.
Some additional benefits:
- Clarifying what al-Shafi’i means by ma’na: he intends the attribute.
- Explaining the meaning of al-nazilah among the scholars of legal theory.
- Detailing the types of analogy in terms of their basis.
- Explaining a fortiori indication, or a fortiori analogy.
- Detailing the meaning of suspicion according to Sufyan.
- Distinguishing between taqlid and ittiba’.
- Clarifying that asking the people of remembrance relates to the state of the questioner.
Remarks on some points:
- It was clarified that by ma’na al-Shafi’i does not intend the direct linguistic signification of a word, but the attribute on which the ruling is based.
- The types of analogy in terms of their basis were explained, with a focus on a fortiori indication.
- The meaning of suspicion according to Sufyan was explained, along with the difference between sinful and non-sinful suspicion.
- A distinction was drawn between taqlid and ittiba’, and it was shown that ittiba’ is a kind of ijtihad.
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