Introduction to the Book al-Risala
An opening to the study of Imam al-Shafi'i's al-Risala: why the book matters, why it was written, what scholars said in its praise, and what its opening pages contain.
Article Series
Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami
A summary of Dr. Yasir Burhami's explanation of al-Risala by Imam Muhammad ibn Idris al-Shafi'i, the first book written on the principles of jurisprudence (usul al-fiqh). The parts follow the chapters of the book: clarification (bayan) and its levels, general and specific texts, the place of the Sunnah relative to the Qur'an and the duty of obeying the Prophet ﷺ, abrogation, defects and apparent contradictions in hadith, the solitary report, and then consensus, analogy, ijtihad, juristic preference (istihsan), disagreement, and the statements of the Companions. These are summaries prepared by the site's author, meant to help the reader follow the questions of the book and al-Shafi'i's way of reasoning from the Qur'an and Sunnah.
Fiqh and Legal Theory 64 parts First: 2024-12-26 Latest: 2024-12-28
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Chapter: What Was Revealed in the Book as General, Intended as General, Yet Admitting Specification
Al-Shafi'i distinguishes Qur'anic wording that is general and intended as general but later specified, from wording that is outwardly general yet intended as specific from the outset, with examples from the Qur'an and the Sunnah.
Allah's Favor in Sending the Prophet ﷺ
Al-Shafi'i describes the condition of the People of the Book and the polytheists before the Prophet's mission, then sets out Allah's favor upon the believers in sending him and the distinctions of the Prophet ﷺ.
Allah's Favor in Sending the Prophet ﷺ (2)
Al-Shafi'i continues on the standing of the Book and the Sunnah: the honor of Quraysh and the Arabs through the Prophet ﷺ, the raising of his mention, sending blessings upon him, the blessing of Islam, and the lessons of past nations in the Qur'an.
The Greatness of the Qur'an
Al-Shafi'i explains the virtues and comprehensiveness of the Qur'an, the levels of knowledge of it, the etiquette and fruits of seeking that knowledge, and the role of the Sunnah in clarifying it.
Chapter: How Bayan Is Given
Al-Shafi'i defines bayan as a comprehensive term for meanings with shared roots and branching forms, and divides it into four kinds: explicit Qur'anic text, Qur'anic obligation detailed by the Sunnah, rulings established by the Sunnah alone, and ijtihad.
Chapter: The First Kind of Bayan
A fuller look at al-Shafi'i's kinds of bayan, reconciling his four-fold and five-fold divisions, with Qur'anic examples of explicit text, obligations detailed by the Sunnah, rulings the Sunnah alone established, and matters left to ijtihad.
Chapter: What Was Revealed as General, Where the Sunnah Specifically Indicated That the Specific Is Intended
Al-Shafi'i gives examples of general Qur'anic rulings that the Sunnah showed to be specific, then sets out the Qur'anic proofs that Allah obliged following the Sunnah of His Prophet ﷺ and that consensus must rest on the Book and the Sunnah.
Chapter: The Fifth Kind of Bayan
Al-Shafi'i presents ijtihad and analogy (qiyas) as the fifth kind of bayan, proves their legitimacy from the qiblah, the probity of witnesses, and the compensation for game, and explains analogy by shared meaning and by resemblance.
Chapter: The Fifth Kind of Bayan, Continued
Al-Shafi'i completes his account of analogy by ratio legis and by resemblance, lists the agreed sources of inference, and argues that the Qur'an was revealed in a clear Arabic tongue, answering the claim that it contains foreign words.
Chapter: The Fifth Kind of Bayan, Continued (2)
Al-Shafi'i stresses the duty of learning Arabic to understand the religion, then begins classifying Qur'anic address by generality and specificity, outward and non-outward meaning, and the ways words indicate meanings.
Chapter: What Allah Commanded of Obedience to His Messenger ﷺ
Al-Shafi'i gathers the Qur'anic proofs that obedience to the Messenger ﷺ is obedience to Allah, that his judgments bind like the Qur'an, that he is protected in conveying revelation, and that disputes must be referred to the Book and the Sunnah.
Chapter: What Allah Made Clear to His Creation of His Obligation upon His Messenger ﷺ
Al-Shafi'i shows that Allah obliged His Messenger ﷺ to follow what was revealed to him, testified that he did so and guides those who follow him, and that what he established as Sunnah carries Allah's ruling, setting out the categories of the Sunnah and the views on how it arises.
The Beginning of Abrogation (al-Nasikh wa al-Mansukh)
Al-Shafi'i opens the topic of abrogation: verses whose recitation was abrogated while their ruling remained, the Sunnah's role in clarifying abrogation, why the Sunnah is not abrogated by consensus, analogy, or a Companion's view, and the binding force of the Sunnah.
The Beginning of Abrogation, Continued
Al-Shafi'i continues on abrogation, holding that the Sunnah is abrogated only by the Sunnah or the Qur'an, using the change of qiblah as an example, and warning against hastily claiming abrogation instead of reconciling the evidence.
Abrogation Indicated Partly by the Book and Partly by the Sunnah
Al-Shafi'i illustrates abrogation with the night prayer and the change of qiblah, argues from the Qur'an and the Sunnah that prayer is not due from a menstruating woman, compares the unconscious to her, and restates that abrogation needs evidence and is a last resort.
Chapter: The Obligation of Prayer, and Those from Whom the Book and Then the Sunnah Show It Is Lifted by an Excuse
Al-Shafi'i discusses the fear prayer and several cases of abrogation: the night prayer, one Muslim standing against ten, and the early penalty for fornication, along with the penalty for slaves, and distinguishes abrogation from specification and qualification.
Abrogation Indicated by the Sunnah and Consensus
Al-Shafi'i explains how the bequest to inheriting parents and relatives was abrogated by the verses of inheritance, as shown by the Sunnah and consensus, refutes Tawus's view, and discusses the one-third limit, the lot, and the penalty for slaves.
On Zakah
Using zakah as his example, al-Shafi'i shows how the Qur'an states obligations in general terms and the Sunnah specifies which kinds of wealth are zakatable, with notes on buried treasure, analogy in zakah, and trade goods.
On Hajj
Taking Hajj as his model, al-Shafi'i shows that the Qur'an states the obligation in summary and the Sunnah details its conditions and rites, that only revelation may specify or qualify the Book, and that scholars return to the Sunnah once it is clear to them.
On Waiting Periods ('Iddah)
Al-Shafi'i shows how verses that seem to conflict in their generality are reconciled through the Sunnah, using the waiting period of a pregnant widow and the prohibition of marrying two sisters together, and stresses that only revelation may specify the Book.
On Prohibited Foods
Al-Shafi'i explains acting on the outward sense of texts, how the Sunnah specified the verse listing prohibited foods, the conditions for valid specification, and how the Sunnah clarified the widow's waiting period.
Chapter: Defects ('Ilal) in Hadith
Al-Shafi'i explains how hadiths relate to the Qur'an, when one hadith abrogates another, the ways apparently conflicting hadiths are reconciled, and how one is preferred over another when reconciliation is impossible.
Chapter: Defects ('Ilal) in Hadith, Continued
Al-Shafi'i discusses analogy based on the sunnahs of the Messenger ﷺ: commands indicate obligation and prohibitions indicate prohibition, the two bases of analogy, conditions of sound analogy, reconciling conflicting general texts, and never opposing an established hadith by analogy.
Chapter: Defects ('Ilal) in Hadith, Continued (2)
Al-Shafi'i discusses abrogation within the Sunnah through the change of qiblah, holds that the Sunnah is not abrogated by the Qur'an alone, sets out the conditions of abrogation, and rejects the report "Whatever comes to you from me, compare it with the Book of Allah".
Chapter: Defects ('Ilal) in Hadith, Continued (3)
Through examples on marriage, wiping over leather socks, predatory animals, and sales, al-Shafi'i shows that the Sunnah clarifies, qualifies, and specifies the Qur'an without ever contradicting it.
Chapter: Defects ('Ilal) in Hadith, Continued (4)
Al-Shafi'i restates that the Sunnah clarifies the Qur'an rather than contradicting it, then examines the prohibition on storing sacrificial meat beyond three days, the scholars' ways of reconciling the reports, and Shaykh Ahmad Shakir's preferred view.
Chapter: Defects ('Ilal) in Hadith, Continued (5)
Al-Shafi'i gives two further examples of abrogation: the delaying of prayer at the Battle of the Trench before the fear prayer was legislated, and the early penalty for fornication replaced by flogging and stoning, including the debate over combining both for the married.
Chapter: Defects ('Ilal) in Hadith, Continued (6)
Al-Shafi'i examines the case of an imam praying seated with followers standing, argues that the Prophet's final illness abrogated the earlier command for followers to sit, and answers the counter-arguments of reconciliation, special status, and claimed consensus.
Chapter: Defects ('Ilal) in Hadith, Continued (7)
Al-Shafi'i reviews the different forms of the fear prayer reported in the Sunnah, explains why he chose the form of Dhat al-Riqa', and shows that the differences are of variety rather than contradiction, so every form is valid.
Another Kind of Difference
Al-Shafi'i applies his method of reconciling or preferring between hadiths to two cases: the different wordings of the tashahhud, all of which he accepts, and the reports on riba al-fadl, which he reconciles in favor of its prohibition.
Another Kind of What We Count as Differing
Al-Shafi'i applies his rules for reconciling and preferring between hadiths to praying Fajr at early darkness or in the light of dawn, and to facing or turning one's back to the qiblah when relieving oneself.
Another Aspect of Disagreement (2)
Al-Shafi'i reconciles apparently conflicting hadiths on killing women and children in night raids and on the Friday ghusl, showing that reconciliation comes first and preference only when it is impossible.
A Prohibition of a Matter Whose Meaning Is Shown by a Meaning in Another Hadith
Al-Shafi'i explains how another hadith reveals the reason behind the prohibitions on proposing over another's proposal and selling over another's sale, and links the latter to the option of the session.
A Prohibition of a Matter That Resembles the Previous One in Some Respects and Differs from It in Others
Al-Shafi'i reconciles the hadiths forbidding prayer at certain times with those on catching and making up prayers, applying the prohibition to voluntary prayers rather than obligatory ones or those with a cause.
Another Chapter on Reconciling What Appears Confused in the Sunnah
Al-Shafi'i reconciles the ban on muzabanah with the concession of 'araya, and explains that the ban on selling what one does not have concerns specific items, while the salam sale of described goods is permitted.
The Nature of the Prohibition of Allah and the Prohibition of His Messenger ﷺ
Al-Shafi'i sets out the kinds of prohibition in the Shari'ah and their effect on the prohibited act, holding that a prohibition indicates unlawfulness unless something turns it away from that.
The Chapter on Knowledge
Al-Shafi'i divides knowledge into what the general public must know and what is specialist knowledge, and explains the communal obligation (fard kifayah) with its examples and proof.
The Chapter on the Solitary Report
Al-Shafi'i sets out the conditions under which a solitary report (khabar al-wahid) is accepted as a legal proof, and compares narrating hadith with giving testimony.
Continuation: The Chapter on the Solitary Report
Al-Shafi'i continues the conditions for accepting the solitary report, answers objections to it, and addresses related questions, stressing care and verification in accepting hadith.
Continuation: The Chapter on the Solitary Report (2)
Al-Shafi'i argues that the solitary report is a source of proof in its own right, not an analogy with testimony, sets out how the two differ, and explains how narrations are weighed and verified.
The Proof for Establishing the Solitary Report
This entry carries only the heading of Imam al-Shafi'i's chapter on the proof for establishing the solitary report.
Continuation: The Proof for Establishing the Solitary Report
Al-Shafi'i compares the solitary report with a judge's ruling and with testimony, shows how 'Umar abandoned his opinion for authentic hadith, and explains why he sometimes asked for a second witness.
Continuation: The Proof for Establishing the Solitary Report (2)
Al-Shafi'i proves the authority of the solitary report from the Qur'an, the Sunnah, and the practice of the Companions and those after them, and warns against rejecting authentic hadith.
Continuation: The Proof for Establishing the Solitary Report (3)
Al-Shafi'i shows that the early generations relied on the solitary report, sets out the conditions for accepting a mursal hadith, and answers doubts about acting on hadith.
The Chapter on Consensus
Al-Shafi'i explains the meaning, authority, kinds, and degrees of consensus (ijma'), answers doubts raised about it, and shows its role in understanding the texts.
The Chapter on Analogy
Al-Shafi'i explains the meaning of analogy (qiyas), its divisions, pillars, and conditions, its relation to ijtihad, and the degrees of knowledge, and answers questions about disagreement in analogy.
Continuation: The Chapter on Analogy
Al-Shafi'i distinguishes outward from inward knowledge through the qibla, uprightness, admission, evidence, and oaths, showing that legal duty follows the outward and that analogy yields preponderant probability.
The Chapter on Ijtihad
Al-Shafi'i explains ijtihad and what "every mujtahid is correct" really means, describes the levels of people in relation to ijtihad, and distinguishes acceptable from unacceptable disagreement.
Continuation: The Chapter on Ijtihad
Al-Shafi'i explains the hadith promising a judge two rewards when his reasoning is right and one when it is wrong, showing that ijtihad seeks a real, single truth.
The Chapter on Juristic Preference (Istihsan)
Al-Shafi'i rejects juristic preference (istihsan) based on personal inclination, distinguishes it from analogy, and lists the qualifications a mujtahid needs.
Continuation: The Chapter on Juristic Preference (Istihsan)
Al-Shafi'i details what a mujtahid must know, outlines the kinds of analogy including the a fortiori argument, and holds that rejecting obvious analogy is a mistake.
Continuation: The Chapter on Juristic Preference (3)
Al-Shafi'i shows that analogies differ in clarity, from the obvious a fortiori argument to cases needing careful study, illustrated by maintenance between relatives and the rule that revenue goes with liability.
Continuation: The Chapter on Juristic Preference (4)
Al-Shafi'i shows how analogies differ in strength through usury in the six commodities: edibility is the cause for foodstuffs and currency value for gold and silver, so weight in one is not compared to the other.
Continuation: The Chapter on Juristic Preference (5)
Al-Shafi'i examines the blood money for accidental injury borne by the 'aqilah, rebuts those who set a minimum it must reach, and argues by analogy that it bears every accidental injury, however small.
Continuation: The Chapter on Juristic Preference (6)
In a debate over a free man's accidental injury to a slave, al-Shafi'i argues that the 'aqilah bears it and weighs the competing analogies: likening the slave to a free person or to animals and goods.
Continuation: The Chapter on Juristic Preference (7)
In a debate on forward sales of animals and wiping over leather socks, al-Shafi'i permits the first by analogy and refuses to extend the second beyond its text.
Chapter: Juristic Preference (8)
Al-Shafi'i identifies rulings that are exceptions and cannot be extended by analogy, such as 'araya, wiping over leather socks, the kin's liability, and compensation for a foetus, and discusses injuries to slaves.
Chapter: Disagreement
Al-Shafi'i distinguishes permissible from forbidden disagreement and gives further examples of rulings that cannot be extended by analogy, such as the musarrah and the compensation for a foetus.
Continuation: Chapter on Disagreement
A debate on whether the "three periods" (quru') of a divorced woman's waiting period are menstruations or periods of purity, and how al-Shafi'i weighs between the two views.
Continuation: Chapter on Disagreement (3)
The debate concludes the question of the quru' and turns to the husband who swears off his wife (mu'li), favouring the view that after four months he must either return to her or divorce.
Continuation: Chapter on Disagreement (4)
Al-Shafi'i explains the verse of ila', holding that after four months the husband must return to his wife or divorce her, and that a judge divorces on his behalf if he refuses both.
Continuation: Chapter on Disagreement (5)
Al-Shafi'i debates two inheritance questions: whether the remainder of an estate is returned to relatives or goes to the treasury, and whether the grandfather excludes the brothers.
The Sayings of the Companions
Al-Shafi'i considers whether the sayings of the Companions are a binding proof, especially when they differ, and sets out the ranks of the legal proofs from the Book and the Sunnah down to analogy.