Muhammad ibn Idris ibn al-`Abbas, al-Imam
al-Shafi`i, Abu `Abd Allah al-Shafi`i al-Hijazi al-Qurashi al-Hashimi al-Muttalibi (d.
204), the offspring of the House of the Prophet, the peerless one of the great mujtahid
imams and jurisprudent par excellence, the scrupulously pious ascetic and Friend of
Allah, he laid down the foundations of fiqh in his Risala, which he said he
revised and re-read four hundred times, then said: "Only Allah’s Book is perfect
and free from error."
He is the cousin of the Prophet -
Allah’s blessings and peace upon him -
descending from al-Muttalib who is the brother of Hashim, `Abd al-Muttalib’s father.
Someone praised the Banu Hashim in front of the Prophet, whereby he interlaced the fingers
of his two hands and said: "We and they are but one and the same thing."
Al-Nawawi listed three peculiar merits of al-Shafi`i: his sharing the Prophet’s
lineage at the level of their common ancestor `Abd Manaf; his birth in the Holy Land of
Palestine and upbringing in Mecca; and his education at the hands of superlative scholars
together with his own superlative intelligence and knowledge of the Arabic language. To
this Ibn Hajar added two more: the hadith of the Prophet, "O Allah! Guide Quraysh,
for the science of the scholar that comes from them will encompass the earth. O Allah! You
have let the first of them taste bitterness, so let the latter of them taste reward."
Another hadith of the Prophet says: "Truly, Allah shall send forth for this
Community, at the onset of every hundred years, someone who will renew their Religion for
them." The scholars agreed, among them Abu Qilaba (d. 276) and Imam Ahmad, that the
first narration signified al-Shafi`i, and the second signified `Umar ibn `Abd al-`Aziz and
then al-Shafi`i.
He was born in Ghazza or `Asqalan in 150, the year of Abu Hanifa’s
death, and moved to Mecca at the age of two, following his father’s death, where he
grew up. He was early a skillful archer, then he took to learning language and poetry
until he gave himself to fiqh, beginning with hadith. He memorized the Qur’an
at age seven, then Malik’s Muwatta’ at age ten, at which time his teacher
would deputize him to teach in his absence. At age thirteen he went to see Malik, who was
impressed by his memory and intelligence.
Malik ibn Anas and Muhammad ibn al-Hasan al-Shaybani were among his
most prominent teachers and he took position against both of them in fiqh.
Al-Shafi`i said: "From Muhammad ibn al-Hasan I wrote a camel-load." Al-Hakim
narrated from `Abd Allah ibn `Abd al-Hakam: "Al-Shafi`i never ceased to speak
according to Malik’s position and he would say: ‘We do not differ from him other
than in the way of his companions,’ until some young men spoke unbecomingly at length
behind his back, whereupon al-Shafi`i resolved to put his differences with Malik in
writing. Otherwise, his whole life he would say, whenever asked something: ‘This is
what the Teacher said’ - hâdha qawl
al-ustadh - meaning Malik."
Like Abu Hanifa and al-Bukhari, he recited the entire Qur’an each
day at prayer, and twice a day in the month of Ramadan.
Al-Muzani said: "I never saw one more handsome of face than
al-Shafi`i. If he grasped his beard it would not exceed his fist." Ibn Rahuyah
described him in Mecca as wearing bright white clothes with an intensely black beard.
Al-Za`farani said that when he was in Baghdad in the year 195 he dyed his beard with
henna.
Abu `Ubayd al-Qasim ibn Sallam said: "If the intelligence of an
entire nation was brought together he would have encompassed it." Similarly,
al-Muzani said: "I have been looking into al-Shafi`i’s Risala for fifty
years, and I do not recall a single time I looked at it without learning some new
benefit."
Al-Sakhawi in the introduction to his al-Jawahir wa al-Durar and
others narrate that someone criticized Ahmad ibn Hanbal for attending the fiqh
sessions of al-Shafi`i and leaving the hadith sessions of Sufyan ibn `Uyayna. Ahmad
replied: "Keep quiet! If you miss a hadith with a shorter chain you can find it
elsewhere with a longer chain and it will not harm you. But if you do not have the
reasoning of this man [al-Shafi`i], I fear you will never be able to find it
elsewhere." Ahmad is also related by his students Abu Talib and Humayd ibn Zanjuyah
to say: "I never saw anyone adhere more to hadith than al-Shafi`i. No-one preceded
him in writing down the hadith in a book." The meaning of this is that al-Shafi`i
possessed the understanding of hadith after which Ahmad sought, as evidenced by the
latter’s statement: "How rare is fiqh among the scholars of hadith!"
This is a reference to the hadith: "It may be one carries understanding (fiqh)
without being a person of understanding (faqîh)." Sufyan himself would defer
to al-Shafi`i in matters of tafsîr and fatwa. Yunus ibn Abi Ya`la said:
"Whenever al-Shafi`i went into tafsîr, it was as if he had witnessed the
revelation." Ahmad ibn Hanbal also said: "Not one of the scholars of hadith
touched an inkwell nor a pen except he owed a huge debt to al-Shafi`i."
Al-Shafi`i was known for his peculiar strength in Arabic language,
poetry, and philology. Bayhaqi narrated:
[From Ibn Hisham:] I was al-Shafi`i’s sitting-companion for a long time, and I never heard him use except a word which, carefully considered, one would not find (in its context) a better word in the entire Arabic language. . . . Al-Shafi`i’s discourse, in relation to language, is a proof in itself.[From al-Hasan ibn Muhammad al-Za`farani:] A group of bedouins used to frequent al-Shafi`i’s gathering with us and sit in a corner. One day I asked their leader: "You are not interested in scholarship; why do you keep coming to sit with us?" They said: "We come to hear al-Shafi`i’s language."
Al-Shafi`i trod the path of the Salaf in avoiding any
interpretation of the verses and narrations pertaining to the divine attributes. He
practiced "relegation of the meaning" (tafwîd al-mi`na) to a higher
source, as established in his saying: "I leave the meaning of the verses of the
Attributes to Allah, and I leave the meaning of the hadiths of the attributes to
Allah’s Messenger." At the same time, rare instances of interpretation are
recorded from him. Thus al-Bayhaqi relates that al-Muzani reported from al-Shafi`i the
following commentary on the verse: "To Allah belong the East and the West, and
wheresoever you turn, there is Allah’s face (wajh)" (2:115): "It
means – and Allah knows best – thither is the bearing (wajh) towards
which Allah has directed you." Al-Hakkari (d. 486) related in his book `Aqida
al-Shafi`i that the latter said: "We affirm those attributes, and we negate from
them likeness between them and creation (al-tashbîh), just as He negated it from
Himself when He said: ‘There is nothing whatsoever like unto Him’
(42:11)."
Al-Shafi`i’s hatred of dialectic theology (kalâm) was
based on his extreme caution against errors which bear heavy consequences as they induce
one into false beliefs. Among his sayings concerning this: "It is better for a
scholar of knowledge to give a fatwa after which he is said to be wrong than to
theologize and then be said to be a heretic (zindîq). I hate nothing more than
theology and theologians." Dhahabi comments: "This indicates that Abu `Abd
Allah’s position concerning error in the principles of the Religion (al-usûl)
is that it is not the same as error in the course of scholarly exertion in the
branches." The reason is that in belief and doctrine neither ijtihâd nor
divergences are permitted. In this respect al-Shafi`i said: "It cannot be asked
‘Why?’ concerning the principles, nor ‘How?’" Yet al-Shafi`i did
not completely close the door to the use of kalâm in defense of the Sunna, as
shown below and in the notice on Ahmad ibn Hanbal.
Yunus ibn Abi Ya`la narrated that al-Shafi`i defined the
"principles" as: "The Qur’an, the Sunna, analogy (al-qiyâs),
and consensus (al-ijmâ`)"; he defined the latter to mean: "The adherence
of the Congregation (jamâ`a) of the Muslims to the conclusions of a given ruling
pertaining to what is permitted and what is forbidden after the passing of the Prophet,
blessings and peace be upon him."
Al-Shafi`i did not close the door on the right use of kalâm as
is clear from Ibn Abi Hatim’s narration from al-Rabi` of his words: "If I
wished, I could produce a book against each one of those who deviated, but dialectic
theology is none of my business, and I would not like to be attributed any part in
it." Similar to it is his advice to his student al-Muzani: "Take proofs from
creation about the Creator, and do not burden yourself with the knowledge of what your
mind did not reach." Ibn Abi Hatim himself spoke similarly when he was told of Ibn
Khuzayma’s unsuccessful attempt at kalâm: "It is preferable not to
meddle with what we did not learn." Note that al-Shafi`i also spoke of his wish not
to have a single letter out of all his works attributed to him, regardless of topic.
Al-Shafi`i’s attitude towards tasawwuf was as strict as
with kalâm, and he both praised it and denigrated its abuse at the hands of its
corrupters. In criticism of the latter he said: "No-one becomes a Sufi in the morning
except he ends up a dolt by noon" while on the other hand he declared in his Diwan:
"Be at the same time a faqîh and a Sufi." In Mecca al-Shafi`i was the
student of Fudayl ibn `Iyad. Imam al-Nawawi in his Bustan al-`Arifin fi al-Zuhd wa
al-Tasawwuf ("The Garden of the Gnostics in Asceticism and Tasawwuf")
narrated from al-Shafi`i the saying: "Only the sincere one (al-mukhlis) can
recognize self-display (al-riyâ’)." Al-Nawawi comments: "This means
that it is impossible to know the reality of self-display and see its hidden shades except
for one who resolutely seeks (arâda) sincerity. Such a one strives for a long
time, searching, meditating, examining at length within himself until he knows, or knows
something of what self-display is. This does not happen for everyone. Indeed, this happens
only with special ones (al-khawâss). But for a given individual to claim that he
knows what self-diplay is, this is real ignorance on his part."
Al-Shafi`i deferred primacy in the foundations of fiqh to Imam
Abu Hanifa with his famous statement: "People are all the children of Abu Hanifa in fiqh."
Ibn Hajar al-Haytami mentioned in the thirty-fifth chapter of his book on Imam Abu Hanifa
entitled al-Khayrat al-Hisan: "When Imam al-Shafi`i was in Baghdad, he would
visit the grave of Imam Abu Hanifa, greet him, and then ask Allah for the fulfillment of
his need through his means."
Two schools of legal thought or madhahib are actually attributed
to al-Shafi`i, englobing his writings and legal opinions (fatâwa). These two
schools are known in the terminology of jurists as "The Old" (al-qadîm)
and "The New" (al-jadîd), corresponding respectively to his stays in
Iraq and Egypt. The most prominent transmitters of the New among al-Shafi`i’s
students are al-Buwayti, al-Muzani, al-Rabi` al-Muradi, and al-Bulqini, in Kitab al-Umm
("The Motherbook"). The most prominent transmitters of the Old are Ahmad ibn
Hanbal, al-Karabisi, al-Za`farani, and Abu Thawr, in Kitab al-Hujja ("Book of
the Proof"). What is presently known as the Shafi`i position refers to the New except
in approximately twenty-two questions, in which Shafi`i scholars and muftis have retained
the positions of the Old.
Al-Subki related that the Shafi`i scholars considered al-Rabi`s
narration from al-Shafi`i sounder from the viewpoint of transmission, while they
considered al-Muzani’s sounder from the viewpoint of fiqh, although both were
established hadith masters. Al-Shafi`i said to al-Rabi`: "How I love you!" and
another time: "O Rabi`! If I could feed you the Science I would feed it to you."
Al-Qaffal al-Shashi in his Fatawa relates that al-Rabi` was slow in his
understanding, and that al-Shafi`i once repeated an explanation forty times for him in a
gathering, yet he did not understand it then got up and left in embarrassment. Later,
al-Shafi`i called him in private and resumed explaining it to him until he understood.
This shows the accuracy of Ibn Rahuyah’s statement: "I consider the best part of
me the time when I fully understand al-Shafi`i’s discourse."
Al-Shafi`i took the verse "Or if you have touched women"
(4:43) literally, and considered that contact between the sexes, even accidental,
nullified ablution. This is also the position of Ibn Mas`ud, Ibn `Umar, al-Sha`bi,
al-Nakha`i, al-Zuhri, and al-Awza`i, which is confirmed by Ibn `Umar’s report:
"Whoever kisses or touches his wife with his hand must renew his wudû’."
It is authentic and related in numerous places including Malik's Muwatta’.
Al-Shafi`i said: "Something similar has reached us from Ibn Mas`ud." They all
read the above verse literally, without interpreting "touch" to mean
"sexual intercourse" as do the Hanafis, or "touch with pleasure" as do
the Malikis.
A major contribution of al-Shafi`i in the foundations of the Law was
his division of innovation (al-bid`a) into good and bad on the basis of
`Umar’s words about the tarâwih or congregational supererogatory night
prayers in the month of Ramadan: "What a fine innovation this is!" Harmala
narrated that al-Shafi`i concluded: "Therefore, whatever innovation conforms to the
Sunna is approved (mahmûd), and whatever opposes it is abominable (madhmûm)."
Agreement formed in the Four Schools around his division, as illustrated by the
endorsement of some major later authorities in each school. Among the Hanafis: Ibn
`Abidin, al-Turkumani, and al-Tahanawi; among the Malikis: al-Turtushi, Ibn al-Hajj, and
al-Shatibi; consensus among the Shafi`is; and reluctant acceptance among later Hanbalis,
who altered al-Shafi`i’s terminology to read "lexical innovation" (bid`a
lughawiyya) and "legal innovation" (bid`a shar`iyya), respectively û although inaccurately û matching Shafi`i’s "approved" and
"abominable".
Among al-Shafi`i’s other notable positions: Al-Muzani said:
"I never saw any of the scholars make something obligatory on behalf of the Prophet
as much as al-Shafi`i in his books, and this was due to his high remembrance of the
Prophet. He said in the Old School: ‘Supplication ends with the invocation of
blessings on the Prophet, and its end is but by means of it.’" Al-Karabisi said:
"I heard al-Shafi`i say that he disliked for someone to say ‘the Messenger’
(al-Rasûl), but that he should say ‘Allah’s Messenger’ (Rasûl
Allah) out of veneration (ta`zîm) for him."
Among al-Shafi`i’s other sayings:
"The study of hadith is better than supererogatory prayer, and the pursuit of knowledge is better than supererogatory prayer." Ibn `Abd al-Barr in Kitab al-`Ilm listed the many hadiths of the Prophet on the superior merit of knowledge. However, al-Shafi`i by this saying meant the essence and purpose of knowledge, not knowledge for its own sake which leads to Satanic pride. The latter is widely available while true knowledge is the knowledge that leads to godwariness (taqwa). This is confirmed by al-Shafi`i’s saying: "Knowledge is what benefits. Knowledge is not what one has memorized." This is a corrective for those content to define knowledge as "the knowledge of the proof" (ma`rifa al-dalîl). "He gives wisdom to whomever He will, and whoever receives wisdom receives immense good." (2:269)"You [the scholars of hadith] are the pharmacists but we [the jurists] are the physicians." This was explained by `Ali al-Qari in his book Mu`taqad Abi Hanifa al-Imam (p. 42): "The early scholars said: The hadith scholar without knowledge of fiqh is like a seller of drugs who is no physician: he has them but he does not know what to do with them; and the fiqh scholar without knowledge of hadith is like a physician without drugs: he knows what constitutes a remedy, but does not dispose of it.""Malik was asked about kalâm and [the Science of] Oneness (tawhîd) and he said: ‘It is inconceivable that the Prophet should teach his Community hygiene and not teach them about Oneness! And Oneness is exactly what the Prophet said: ‘I was ordered to fight people until they say ‘There is no God but Allah.’ So, whatever makes blood and property untouchable û that is the reality of Oneness (haqîqa al-tawhîd).’" This is a proof from the Salaf against those who, in later times, innovated sub-divisions for tawhîd or legislated that their own understanding of Allah’s Attributes was a precondition for the declaration of Oneness. Al-Halimi said: "In this hadith there is explicit proof that that declaration (lâ ilâha illallâh) suffices to extirpate oneself from all the different kinds of disbelief in Allah Almighty.""Satiation weighs down the body, hardens the heart, does away with sagacity, brings on sleep, and weakens one from worship." This is similar to the definition of tasawwuf as "hunger" (al-jû`) given by some of the early masters, who acquired hunger as a permanent attribute and were called "hungerers" (jû`iyyûn). A notable example is al-Qasim ibn `Uthman al-`Abdi al-Dimashqi al-Ju`i (d. 248), whom al-Dhahabi describes as "the Imam, the exemplar, the wali, the muhaddith, the shaykh of the Sufis and the friend of Ahmad ibn al-Hawari.""I never swore by Allah - neither truthfully nor deceptively." This is similar to the saying of the Sufi master Sahl ibn `Abd Allah al-Tustari narrated by al-Dhahabi: "Among the manners of the truthful saints (al-siddîqîn) is that they never swear by Allah, nor commit backbiting, nor does backbiting take place around them, nor do they eat to satiation, if they promise they are true to their word, and they never speak in jest."Al-Buwayti asked: "Should I pray behind the Rafidi?" Al-Shafi`i said: "Do not pray behind the Rafidi, nor behind the Qadari, nor behind the Murji’." Al-Buwayti said: "Define them for us." He replied: "Whoever says ‘Belief consists only in speech’ is a Murji’, and whoever says ‘Abu Bakr and `Umar are not Imams’ is a Rafidi, and whoever attributes destiny to himself is a Qadari."
Abu Hatim narrated from Harmala that al-Shafi`i said: "The Caliphs
(al-khulafâ’) are five: Abu Bakr, `Umar, `Uthman, `Ali, and `Umar ibn `Abd
al-`Aziz." In his Diwan he named them "leaders of their people, by whose
guidance one obtains guidance," and declaimed of the Family of the Prophet:
The Family of the Prophet are my intermediary to him! (wasîlatî)
Through them I hope to be given my record with the right hand.
and:
O Family of Allah’s Messenger! To love you is an obligation
Which Allah ordained and revealed in the Qur’an.
It is enough proof of your immense glory that
Whoever invokes not blessings upon you, his prayer is invalid.
Ibn Hajar said that the first to write a biography of al-Shafi`i
was Dawud al-Zahiri (d. 275). Al-Nawawi in Tahdhib al-Asma’ wa al-Lughat
(1:44) mentioned that the best biography of al-Shafi`i was al-Bayhaqi’s for its sound
chains of transmission. Ibn Hajar summarized it and added to it al-Shafi`i’s Musnad
in his Tawali al-Ta’sis fi Ma`ali Ibn Idris.
In the introduction of his compendium of Shafi`i fiqh entitled al-Majmu`
al-Nawawi mentions that al-Shafi`i used a walking stick for which he was asked: "Why
do you carry a stick when you are neither old nor ailing?" He replied: "To
remember I am only a traveller in this world."
Abu Mansur al-Baghdadi in Manaqib al-Shafi`i and Naqd
Abi `Abd Allah al-Jurjani fi Tarjih Madhhab Abi Hanifa relates the following
example of the Imam's perspicuity at an early age:
Al-Shafi`i was sitting at Malik's feet one day when a man came in and said: "I sell turtle-doves, and one of my customers returned one of them to me today, saying that it does not coo, so I swore to him on pain of divorce that my turtle-dove coos all the time!" Malik said: "You have divorced your wife and are not to approach her." Al-Shafi`i was fourteen at the time. He said to the man: "Which is more, your turtle-dove's cooing or its silence?" The man said: "Its cooing."
Al-Shafi`i said: "Consider your marriage valid, and there is no penalty on you." Whereupon Malik frowned at him saying: "Boy! How do you know this?" Al-Shafi`i replied: "Because you narrated to me from al-Zuhri, from Abu Salama ibn `Abd al-Rahman, from Umm Salama, that Fatima bint Qays said: 'O Messenger of Allah! Abu Jahm and Mu`awiya have both proposed to me.'
The Prophet replied: 'As for Mu`awiya he is penniless, and as for Abu Jahm he does not put down his staff from his shoulder [from travel].'1 Meaning: in most of his states; for the Arabs declare the more frequent of two actions [exclusively of the other] because of its constancy. And since the cooing of this man's turtledove is more than its silence, I declared it constant in its cooing." Malik was pleased at his reasoning
AN EXAMPLE OF AL-SHAFI'S JURISPRUDENCE
Al-Shafi`i was sitting at Malik's feet one day when a man came in and said: "I sell turtle-doves, and one of my customers returned one of them to me today, saying that it does not coo, so I swore to him on pain of divorce that my turtle-dove coos all the time!" Malik said: "You have divorced your wife and are not to approach her." Al-Shafi`i was fourteen at the time. He said to the man: "Which is more, your turtle-dove's cooing or its silence?" The man said: "Its cooing."
Al-Shafi`i said: "Consider your marriage valid, and there is no penalty on you." Whereupon Malik frowned at him saying: "Boy! How do you know this?" Al-Shafi`i replied: "Because you narrated to me from al-Zuhri, from Abu Salama ibn `Abd al-Rahman, from Umm Salama, that Fatima bint Qays said: 'O Messenger of Allah! Abu Jahm and Mu`awiya have both proposed to me.'
The Prophet replied: 'As for Mu`awiya he is penniless, and as for Abu Jahm he does not put down his staff from his shoulder [from travel].'1 Meaning: in most of his states; for the Arabs declare the more frequent of two actions [exclusively of the other] because of its constancy. And since the cooing of this man's turtledove is more than its silence, I declared it constant in its cooing." Malik was pleased at his reasoning
Thanks for comments yes i will check.
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