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 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:
Paragraph 1494 onward: analogy, its conditions, and its types (continued):
Al-Shafi’i continues to explain the conditions and types of analogy, focusing on the concept of resemblance (shabah) between the original and the branch, and presenting illustrative examples.
- The conditions of analogy: Analogy is not called analogy unless the branch could resemble the original from two different aspects, and the analogy is then directed along one of them rather than the other. Example: wine resembles water in being a liquid, and resembles other intoxicants in intoxicating, so the analogy is drawn on the aspect of intoxication, not liquidity.
- Another view of analogy: Some scholars hold that everything that falls within the meaning of the text (the Book and the Sunnah) is considered analogy. The word “text” (nass) here is used to denote the wording of revelation, and this is a term attributed to al-Shafi’i.
- Analogy as having the force of a text: In terms of its indication of a legal ruling, analogy is regarded as having the force of a text, that is, it leads to a legal ruling just as a text does. Example: the prohibition of whisky by analogy to wine because of intoxication is regarded as though it were an explicitly stated ruling.
- The differing aspects, causes, and proofs of analogy: Analogy is not of one kind; it has different types and causes, and each type has its own proof and subtleties.
- An example from the Qur’an (nursing): The saying of Allah the Exalted: “Mothers may nurse their children two complete years”; His saying: “Upon the father is their provision and their clothing according to what is acceptable”; and His saying: “And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable” (Surah al-Baqarah 2:233). These verses indicate that maintenance of the nursing mother is obligatory upon the father, as is maintenance of the child.
- An example from the Sunnah (Hind and Abu Sufyan): The Prophet ﷺ instructed Hind bint ‘Utbah to take from the wealth of her husband Abu Sufyan, according to what is acceptable, what would suffice her and her child.
- “What is acceptable” (al-ma’ruf) in maintenance: What is meant by al-ma’ruf in maintenance is what people customarily recognize according to circumstances, not a fixed amount.
- Custom and its importance: Custom, so long as it does not contradict the Shariah, is regarded as legally binding, and the maxim “What is known by custom is like what is stipulated by law” shows this importance.
- The obligation of the father to maintain the child: The texts indicate that the father is obliged to maintain his young child, as well as to maintain the mother for the sake of nursing the child.
- The obligation of the child to maintain the father when in need: If the father reaches a state in which he cannot earn or support himself, his maintenance becomes obligatory upon his child, by analogy to the father’s maintenance of the child in his childhood. This analogy is based on the saying of Allah the Exalted: “And your Lord has decreed that you worship not except Him, and to parents, good treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as], ‘uff,’ and do not repel them” (Surah al-Isra’ 17:23).
- The child is from the parent: The principle “the child is from the parent” shows the father’s duty to care for his child, and likewise the child’s duty to care for his father when in need.
- The able supports the unable: A general principle drawn from the preceding analogy: the one who is able supports the one who is unable, whether father or son.
- Maintenance between obligation and recommendation: Maintenance may be obligatory in basic matters and recommended in supplementary matters, depending on circumstances.
Some additional benefits:
- Clarifying the meaning of “text” (nass) for al-Shafi’i.
- Clarifying the importance of custom in the Shariah.
- Explaining the principle “the child is from the parent.”
- Clarifying the difference between obligatory and recommended maintenance.
Remarks on some points:
- It was clarified that analogy exists only when the branch could resemble the original from two different aspects.
- It was shown that analogy, in terms of its indication of a legal ruling, is regarded as having the force of a text.
- The principle “the able supports the unable” was explained, and that it is drawn from the preceding analogy.
- It was clarified that maintenance may be obligatory or recommended depending on circumstances.
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