Imam ash-Shafi'ee and the man who denied the legislative authority of the Sunnah

ditta

Alhamdu'Lillaah
Staff member
As-salaamu'alaykum,

The advent of the second century saw the emergence of those who rejected the validity of the Sunnah as a source of Islamic legislation, of those who rejected non-Muatawaatir narrations (i.e., Ahad narrations), and of those who rejected those hadiths that either did not explain what is in the Qur’an or did not affirm what is in the Qur’an: in other words, those hadiths that legislated independent rulings that are not found in the Qur’an.

Based on what we know, the first to write about such groups was Imam Ash-Shafi’ee (rahimahullah). In al-Umm, he dedicated a chapter to given an account of a debate that took place between him and a man who denied the legislative authority of hadiths. Shafi’ee relates the debate in the form of a dialogue, first beginning with his opponent who supposedly was a learned man.


His opponent:


“You are an Arab, and the Qur’an was revealed in your tongue... If one were to doubt a single letter of the Qur’an, you would ask him to repent, and if he had repented, you would have left him alone; but if he had not, you would have killed him. Allah says in the Qur’an:

“...as an exposition of everything...”


(Qur’an, 16: 89)

So then how does it become permissible for you or for anyone else to say that a command is general one time and specific another time? And for the most part, your rulings have thus differed because of a hadith that you relate from one man who has related from another... And I have found that you as well as those of your school do not deny that those to whom you give precedence for their veracity and memory could possibly forget or make a mistake in their hadiths. I have often found you saying, ‘Such and such person made a mistake in such and such hadith’, Is it correct to distinguish between different commands of the Qur’an, when their apparent meaning (i.e., that they impart a command) is one? In spite of your description of certain narrators, you place their narrations at the same level as Allah’s Book, and you allow (certain matters) based on those narrations and forbid (others) based on them as well.”

Imam Ash-Shafi’ee:

“We rule based on certainty of knowledge, on authentic narrations, and on analogy: though some are stronger than others, we rule based on all of the above... For example, in a court case, we issue a ruling based on a man’s confession, based upon proof (i.e., for the most part, witnesses), or finally, based on an oath. If any of the above proofs are established, we issue a ruling, yet they vary in their strength.”

His opponent:

“You accept that which narrators inform you of, yet you even acknowledge possible faults in them; what is your proof, then, against those who reject such narrations? Because of the possibility of error, I accept nothing from them. I only accept... Allah’s book, which no can have doubts about, not even about a single letter. Can something have the same weight as sure knowledge, though that something does not reach its level?”

Imam Ash-Shafi’ee:

When one has knowledge of Arabic and of the Qur’an which was revealed in that tongue, that knowledge will make it binding upon him to accept the narrations of truthful people regarding the Messenger of Allah. (Next Imam Ash-Shafi’ee began mentioning proofs to back up his statement).

Allah says:

He it is Who sent among the unlettered ones a Messenger (Muhammad :saw: from among themselves, reciting to them His Verses, purifying them (from the filth of disbelief and polytheism), and teaching them the Book (this Quran, Islamic laws and Islamic jurisprudence) and Al-Hikmah (wisdom).

(Qur’an, 62: 2)

His opponent:

“We know that ‘the Book’ is Allah’s Book, but what is the Hikmah?

Imam Ash-Shafi’ee:


“The Sunnah of the Messenger of Allah :saw:.

His opponent:

“It is possible that ‘the Book’ is the Qur’an in general, whereas the Hikmah is specific, and refers to its rulings.”

Imam Ash-Shafi’ee:

“You mean that Allah has clarified his commands to them in a general way – commands such as the Prayer, Zakat, Hajj, and so on. These matters He clarified in His Book, yet He clarified their rulings and details on the tongue of His Prophet.


His opponent:

“That is indeed possible!”

Imam Ash-Shafi’ee:

“If you accept that, then you accept what I said earlier, which means that you will not arrive at those detailed rulings except through narrations from the Messenger of Allah.


His opponent:

“Unless one takes the view of repetition in speech (i.e., that ‘the Book’ and the Hikmah have one meaning – the Qur’an).”


Imam Ash-Shafi’ee
:

“When you say, ‘The Book and the Hikmah’, which is more probable, that they represent two things or one thing?”

His opponent:

“It is possible that they refer to two matters, as you have said – the Qur’an and the Sunnah. And it is also possible that they signify one and the same thing.”


Imam Ash-Shafi’ee:

“What you first said is more likely to be correct, and in the Qur’an is proof for what we said, proof that invalidates your view:

His opponent:

“Where?”

Imam Ash-Shafi’ee:

Allah says:

And remember (O you members of the Prophet’s family) what is recited in your houses of the verses of Allah and wisdom. Indeed, Allah is ever Subtle and Acquainted [with all things].

(Qur’an 33: 34)

He informs us that two matters are recited in the home.”

His opponent:

“I understand that the Qur’an is recited, but how is the Hikmah recited?”

Imam Ash-Shafi’ee:

“The meaning of ‘that which is recited’ here is that both the Qur’an and the Sunnah are articulated.”

His oppenent:

“Yes, more than your previous argument, this more clearly shows that the Hikmah is not the Qur’an.”

Imam Ash-Shafi’ee:

“Allah commanded us to follow and obey His Prophet :saw:.”

His opponent:


“Where?”

Imam Ash-Shafi’ee:

“Allah says:

But no, by your Lord, they can have no Faith, until they make you (O Muhammad :saw: ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.


(Qur’an 4: 65)

Allah also says:

He who obeys the Messenger (Muhammad :saw:), has indeed obeyed Allah...

(Qur’an 4: 80)

And Allah says:
And let those who oppose the Messenger's (Muhammad :saw:) commandment (i.e. his Sunnah legal ways, orders, acts of worship, statements, etc.) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant, etc.) befall them or a painful torment be inflicted on them.


(Qur’an 24: 63)

His opponent:

“It is clear then that the Hikmah is the Sunnah of the Messenger of Allah.”

Imam Ash-Shafi’ee:

“Allah ordered us to obey the Prophet’s commands:

...And whatsoever the Messenger (Muhammad :saw:) gives you, take it, and whatsoever he forbids you, abstain (from it)...


(Qur’an 59: 7)

His opponent:

“It is clear in revelation that we must follow what the Prophet commanded us to do and abstain from what he forbade us from doing.”

Imam Ash-Shafi’ee:

“Is that obligation equally binding on us, on those who came before us, and on those who will come after us?”

His opponent:


“Yes!”

Imam Ash-Shafi’ee:

“As regards those who did not meet the Prophet but who came after him, do you not see that they can follow the commands of the Prophet only through narrations about him that have been passed on?”


Ask yourself this:

“Knowing that certain parts of the Qur’an abrogate other parts, how can we achieve knowledge of such matters except through reports that come to us from the Prophet?”

His opponent:

“The proof is well established on your side; we must accept narrations from the Messenger of Allah. I now believe that it is compulsory upon Muslims to accept narrations from the Prophet...”
 

ditta

Alhamdu'Lillaah
Staff member
After Imam Ash-Shafi’ee’s opponent retracted his previous statements and accepted the truth, he asked the Imam why commands in the Qur’an are at times general and at other times specific. Imam Ash-Shafi’ee explained to him that the Arabic language is complex and that though a statement might seem to be general in its implications, it might in reality be specific. But if it happens that an apparently general command is in reality specific, then that must be established either by the Qur’an or the Sunnah. He then went on to mention examples of commands that seemed to be general in their implications, but that are not truly general, because the Sunnah mentions exceptions for those commands. For example, the Prayer is obligatory upon every sane adult; however, menstruating women are exempted. Though the command to pay Zakat on wealth may seem comprehensive, certain categories of wealth are exempted. That fathers, mothers, and children inherit from one another is indicated by a general command, yet there are exceptions: the disbeliever does not inherit from a Musim (even if the Muslim is his father), the slave does not inherit from the one who is free (even if the latter is related to the former), and the murderer does not inherit from the one whom he murdered. All these exceptions are established in the Sunnah. Imam Ash-Shafi’ee’s opponent was thus led to acknowledging that the knowledge thereof can be achieved only through the Sunnah...

His opponent:

“If we are sure (through a proof that imparts certainty of knowledge) that a matter is Haraam, can a proof that does not impart sure knowledge change that ruling to permissibility?”

Imam Ash-Shafi’ee:

“Yes. Is not the blood and wealth of the man sitting beside me inviolable?”

His opponent:

“Yes, it is.”

Imam Ash-Shafi’ee:

“But what if two men testified that he killed a man and took his money?”

His opponent:

“I would have him executed (for that crime) and his wealth returned to those who inherit from the one who was murdered.”

Imam Ash-Shafi’ee
:

“We have sure knowledge that his wealth and blood are inviolable, yet we cannot be absolutely sure that he murdered the man (the two witnesses might have lied, for example)."

His opponent:

“We have been ordered to accept such testimony...”

Imam Ash-Shafi’ee:

“Indeed, you have been ordered to accept that which witness inform you of, though only Allah knows what is hidden in their hearts. But we demand much more from a narrator (of hadith) than we do from a witness. In certain situations, we may accept the testimony of someone yet reject his narration of hadith when the scholars of hadith have shown that he had erred earlier.”

In the end, Imam Ash-Shafi’ee’s opponent in the debate was satisfied that to accept the Prophet’s narrations is tantamount to accepting from Allah.

In rejecting the validity of the Sunnah, deviant groups raised doubts about narrators and their mistakes. Hence they propounded the view that only the Qur’an should be followed, which means that they did not openly say that we must reject the sayings, actions, and approvals of the Prophet. Not related from any Muslim is the view that it is not compulsory to obey the commands of the Messenger of Allah or that his sayings and deeds are not sources of legislation. The only group that openly says that it is not obligatory to follow the Prophet is an extreme sect of the Shi'ah, but we have nothing to say about them here, for our scope of study in this work does not go beyond Muslim groups.

In al-Umm, Imam Shafi’ee said:

“I have not heard of a single person who is described as being a man of knowledge nor of anyone who describes himself as being a man of knowledge who disagrees regarding the status of the Sunnah: that Allah ordered us to obey the commands of the Messenger of Allah and to surrender to his rulings and that all who come after the Prophet must obey him. Nor do they differ in that there exists no statement that is binding except for Allah’s Book and the Messenger’s Sunnah – all else is secondary to those two sources. Nor do they differ in that it is incumbent upon us and upon those who come after us to accept narrations from the Messenger of Allah, with the exception of a group that I will describe, Insha’Allah (i.e., the group referred to above).”

Ibn Hazm said:

“We have clarified that the Qur’an is the primary source of legislations, and we find therein an order to obey the commands of the Messenger of Allah.


Describing His Messenger in the Qur’an, Allah says:


Nor does he speak of (his own) desire.

It is only an Inspiration that is inspired.


(Qur’an, 53: 3-4)

With that we conclude that inspiration from Allah to His Messenger is classified into two categories:

1. Inspiration that is a miracle (in its organisation, eloquence, and other qualities) and that is recited and written in book form – which is the Qur’an; and

2. Inspiration that is related and transmitted, that is not written in book form, that is not a miracle (in its flow, cohesiveness, and organisation), and that is read not recited – which are the narrations we have from the Messenger of Allah. This second category clarifies and details Allah’s commands. Allah says:

...That you may explain clearly to men what is sent down to them, and that they may give thought...


(Qur’an, 16: 44)

We find that Allah made it compulsory upon us to obey the second category (the Sunnah) just as he made it compulsory upon us to follow the first category (the Qur’an) without differentiating between the two, Allah says:


And obey Allah and the Messenger (Muhammad :saw:)...

(Qur’an 5: 92)

The narrations we have referred to constitute one of the three matters that we must follow based on the comprehensive verse for all legislations, the first of them to the last of them:

O you who believe! Obey Allah (This first source is the Qur’an)

And obey the Messenger (Muhammad :saw: (This is the second source)

- and those of you (Muslims) who are in authority. (This third source is Ijma).

(Qur’an 4: 59)

He also said:

“In case of any disagreement, the Muslim who believes in Tawheed can seek judgement only in the Qur’an and Sunnah and no other source; furthermore, he must accept that judgement. If he seeks judgement from other than those two sources, then he is a wrongdoer; and after the proof is established upon him and he still feels that it lawful for him to do so – to seek judgement from other sources – then in our view, he is without a doubt a disbeliever.”

And yet on other occasion, Ibn Hazm said,

“If one says,

‘We only take what we find in the Qur’an,’

- then he is a disbeliever by the consensus of the Muslim Nation, and it is incumbent upon – based on his own view – to pray only one unit of prayer from sunset until dusk and another unit at dawn, because that is the minimum amount necessary for the action to be called prayer. (That is to say the Qur’an only orders us to pray without mentioning the details of prayer, which are outlined in the Sunnah. So if one is only following the Qur’an, he can pray a single unit during the said times, and he will have fulfilled what, according to the implications of his view, is correct)... The one who says this is a disbeliever and a polytheist whose blood and wealth are lawful. The only ones to take this view are some of the more extreme elements of the Rafidah and the Muslim Nation agrees that they are disbelievers.”


Based on what Imam Shafi’ee related, we can summarise the arguments of those who reject the Sunnah outright in the following:

- If the Sunnah initiates a new legislation that is not established in the Qur’an, then knowledge that is established on a foundation that is less than certain (i..e, the Sunnah) is contradicting knowledge that is established on a foundation of certainty and of sureness (i.e., the Qur’an). And the former kind of knowledge is not strong enough to contradict the latter kind.

- If the Sunnah confirms a ruling in the Qur’an, then it is the Qur’an that is being followed, not the Sunnah.

- And if the Sunnah clarifies what the Qur’an mentioned in general, then that which is established as certain knowledge – whoever disbelieves in a letter of the Qur’an disbelieves – is being clarified by that which is established as less than certain knowledge – whoever disbelieves in a letter of a narration does not disbelieve. And that is neither permissible nor correct.

It might occur to one that they accept Mutawatir narrations (narrations related by such a large number of people that it must be a correct report, such as 5000 people from a town reporting an earthquake) because they impart sure knowledge. Then why did Imam Shafi’ee generalise when he said, “They reject all narrations.”

It appears that, according to them, even Mutawatir narrations do not even impart sure knowledge but instead impart less than sure knowledge. They claim that it is always possible for narrators to lie, even if a great number of them relate the same information. If what al-Khidree said – that the opponent in the debate was a Mu’tazilee – is true and if what is imputed to An-Nidham – that he rejected Mutawatir narrations, saying that they do not impart sure knowledge – is true, then it also holds true that those who reject the Sunnah are not obligated to perform a particular number of units in their prayer. And that is significant because the number of units for each prayer is related in Mutawatir form and is agreed upon by the consensus of the Muslim Nation.

When Shafi’ee’s opponent said that he did not accept anything that might be based on an error he did not mean that he accepted Mutawatir narrations, because, according to him, they can contain errors.

Imam Shafi’ee’s refutations or answers can be summarised as follows:

1. Allah commanded us to obey and follow His Messenger, a command that embraces both those who lived during the lifetime and those who came after him. As regards those who were not contemporaries of the Messenger of Allah, they can only follow him through narrations that are related from him, which means that Allah also ordered us to follow and accept (authentic) narrations from him. This is based on the rule that if an obligatory action cannot be completed except with the help of another action then the latter action is also obligatory.

2. To ascertain the rulings of the Qur’an itself, we must accept narrations. For instance, to know which verses are abrogated and which are abrogating, we must refer to the Sunnah.

3. There are certain rulings that are agreed upon by all, even by those who reject narrations from the Prophet. The Sunnah is the only source that establishes many of those rulings.

4. The Sharia established that it is possible for sure knowledge to be specified or limited by knowledge that is at a level below that of sure knowledge. For example, two witnesses are accepted in murder cases and financial dealings. Yet we are sure that one’s blood and wealth are inviolable, whereas we are less than sure as to the veracity of the two witnesses.

5.
Yes, it is possible that errors or lies occurred in some narrations. Yet that possibility certainly diminishes greatly when the uprightness of a narrator is established and when his narrations are compared to those of his contemporaries who were Hadith scholars. Furthermore, when a narration is at least to some extent supported by another narration from the Sunnah or a verse from the Qur’an, the aforesaid possibility almost becomes non-existent.

(Overall Source: The Sunnah and its role in Islamic Legislation by Mustafa as-Siba'ee)

 
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