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:
An introduction to al-Risalah and its commentaries, and the issue of analogy in ribawi wealth:
This part gives an introduction to Imam al-Shafi’i’s al-Risalah and its lost commentaries, then moves on to discuss the issue of analogy in the ribawi commodities (those subject to the rules of riba), setting out the scholars’ views on it.
- Al-Risalah: Al-Shafi’i did not name it al-Risalah; rather, he referred to it as “my book” or “our book.”
- The lost commentaries on al-Risalah: Nothing has reached us of the early commentaries on al-Risalah, such as those of al-Sayrafi, al-Shashi (al-Qaffal al-Kabir), and al-Juwayni al-Kabir (the father of Abu al-Ma’ali al-Juwayni).
- Reasons for the loss of manuscripts: the burning of the Islamic heritage by enemies, and the destruction of books by ignorant rulers.
- Kinds of existing commentaries on al-Risalah: Some commentaries do not address al-Shafi’i’s wording; rather, they treat the topics as general discussions of legal theory.
- The issue of analogy in ribawi wealth:
- The hadith forbidding the sale of gold for gold, dates for dates, wheat for wheat, and barley for barley except like for like, hand to hand: This hadith is the foundation for the prohibition of riba in these commodities.
- The scholars’ disagreement over the effective cause of riba in these commodities: Is it weight, volume measure, being a staple food, or storability? The benefit of identifying the effective cause lies in the possibility of drawing analogies on its basis.
- The Zahiris and their rejection of analogy: The Zahiris do not affirm analogy, and therefore restrict riba to the six commodities explicitly mentioned only.
- The majority of scholars and their affirmation of the effective cause and analogy: The majority of scholars affirm an effective cause in the ribawi commodities and therefore permit analogy on them. Example: analogizing almonds, walnuts, and sesame to the ribawi commodities because they share being staple foods, being weighed, and being storable.
- The conditions for selling like ribawi commodities: equality in quantity is obligatory, as is taking possession in the same session (hand to hand). Example: selling gold for gold is not permissible unless the weights are equal and possession is taken in the same session.
- Clarification of some concepts:
- Al-burr: wheat; bread is called “the son of burr.”
- Al-kayl: determining a quantity by volume; its unit is the kaylah (about 12 kilograms).
- Al-shuhh: avarice and stinginess.
- Al-naqd: a price paid on the spot.
- Al-dayn: a deferred price.
- Al-ihatah: grasping a thing from all its aspects.
- Explanation of al-Shafi’i’s words:
- Clarifying that the default with foods and drinks was leniency, but because people grew avaricious about them, they began to sell them and weigh them.
- Clarifying that the ribawi commodities combine two meanings: the possibility of selling for cash or on deferment, and the possibility of inequality (increase).
- Clarifying that drink falls within the meaning of food.
- The difference between qut (staple food) and ghidha’ (nourishment): qut is what strengthens the body (such as rice), while ghidha’ is what makes the body grow (and is more general than qut).
- Clarifying that weight is more precise than volume measure in estimation.
- Al-Shafi’i’s analogy on the ribawi commodities: Al-Shafi’i extended, by analogy to the ribawi commodities, everything that is eaten or drunk and sold by weight, thereby including honey, ghee, oil, and sugar.
Some additional benefits:
- Clarifying the importance and standing of al-Risalah.
- Clarifying the reasons for the loss of manuscripts.
- Explaining the meanings of the linguistic and juristic terms used in the text.
- Clarifying the scholars’ views on the effective cause of riba in the ribawi commodities.
- Explaining the conditions for selling like ribawi commodities.
- Clarifying the difference between qut and ghidha’.
Remarks on some points:
- It was clarified that the early commentaries on al-Risalah are lost.
- The scholars’ views on the effective cause of riba in the ribawi commodities were set out, and it was shown that the Zahiris restrict riba to the explicitly mentioned commodities only.
- The conditions for selling like ribawi commodities were explained.
- The difference between qut and ghidha’ was clarified.
- It was shown that al-Shafi’i extended, by analogy to the ribawi commodities, everything that is eaten or drunk and sold by weight.
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