Indexed OCR Text

hadiths b e c a u s e they did not use them for doctrine or evidence.
. They took from classical scientific sources which were translated in their
time. They borrowed from some of those sciences and used them to support
their arguments in clashes with opponents in the field of k a l a m. They were
joined by every Muslim educated in the foreign education and philosophical
systems which were nurturing the Arab intellect in that time, which is why
there many distinguished writers and philosophers among them.
. They excelled in language, eloquence and clarity of exposition. Their men
included eloquent orators and debaters who were skilled in debate, knew its
rules and were experienced in its methods and how to defeat opponents. Their
leading figure, Wasil ibn 'Ata', was a notable orator. An-Nazzam, one of
their shaykhs, was intelligent, eloquent with a sharp tongue, a man of letters
and a poet. Abu 'Uthman 'Amr al-Jahiz was called "the Orator of the
Muslims" and "Shaykh of the Mutakallimun".
Chapter Four The Opinions and Fiqh of ash-Shafi'i
In this section we do not intend to discuss the opinions of ashShafi'i about
tafsir or language, but to study his legal opinions. So we will examine only
his opinions and position in figh and the fundamental principles he adopted
concerning it, even though his opinion is considered authoritative in other
sciences. But there is some controversy about his position concerning the
khalifate, his opinion about kalam and his orientation with regard to the
articles of faith, since that has a connection to legal studies.
Ash-Shafi'i's opinion of kalam
Ash-Shafi'i abhorred the science of kalam, as did most of the fuqaha' and
hadith scholars of his time. Ash-Shafi'i was a muhad dith faqih. They
disliked that branch of learning because those who established its basic
premises were the Mu'tazilites, whose method was contrary to the path of the
righteous Salaf in understanding the doctrines of the noble Deen. Ash-Shafi'i,
like every mu had dith fa q ih , preferred following to innovating, even
in his method of deduction in relation to doctrine. He also disliked the fact
that the Mu'tazilites studied dogma with a philosophical bias which was

inimical to ash-Shafi'i and any other muhaddith faqih. Moreover the
Mu'tazilites raised questions which were abstruse, complicated and not easy
for human reason to resolve.
That is why it is reported that ash-Shafi'i discouraged people from becoming
involved in the science of k a l a m. He said, "My judgement on the people of
k a l a m is that they should be beaten with canes, made to ride backwards on
camels and taken around to be exhibited to the tribes and clans." It is said that
this is the penalty for abandoning the Book and the Sunna and becoming
involved in kalam. He said, "Beware of investigation into kalam. If a man is
asked a question in figh and makes a mistake, the worst than can happen is
that he will be laughed at as, for instance, when a man kills another man and
he says that his blood money is an egg. If he is asked about a question in
kalam and errs, he is called an innovator." He said, "I see that some of the
people of kalam call others unbelievers, while the people of h a d i t h call
others mistaken. Mistakes are far less grave than disbelief."
Ash-Shafi'i hated the method of the scholars of kalam. Ar-Razi mentioned
that he first of all hated what they said and then hated them because they had
encouraged the khalifs to injure scholars in support of this knowledge. Some
say that ash-Shafi'i's prohibition of the science of kalam was due to his
ignorance of it. According to ar-Razi, he knew it and mentioned reports
which indicate that he was not ignorant of it. It is related that al-Muzani said,
"We were at the door of ash-Shafi'i discussing kalam when ash-Shafi'i came
out to us. Having listened to some of our conversation he left us and then
came back again and remarked, 'I was only prevented from coming out to
you because I heard you discussing kalam. Do you think I do not know it
well? I studied it until I reached a high level but k a l a m is endless. If you
debate a matter of fi qh people say - 'You have erred,' not 'You have
committed kufr.""
There is no doubt that this report shows that ash-Shafi'i knew this science
and the questions which scholars discussed but disliked practising because its
questions were often abstruse and complicated and could lead a believer into
being accused of disbelief. So he forbade it, knowing full well what it was
that he forbade.
While ash-Shafi'i hated people becoming involved in the science of kalam

and wished they would not delve into it, he mentioned many aspects of it
relating to doctrine. It is impossible that someone like ash-Shafi'i should not
have had knowledge of these matters. His opinions about much of it were in
keeping with the opinions of the Islamic community as a whole; he did not
borrow from the philosophers and others. He sometimes used to question
those with whom he debated about the proofs of t a w h i d or the proofs of
prophethood. Bishr al-Marisi asked him what was the evidence that
Muhammad was the Messenger of Allah. He replied, "The proof of the
Prophethood of Muhammad, may Allah bless him and grant him peace, is the
revealed Qur'an, the consensus of the people and the signs that cannot be
attributed to any but him."
From some of ash-Shafi'i's fat w a s one can deduce that his opinion about
the Divine Attributes was that they were not different from the Essence. It is
related that he said if someone swears by the knowledge of Allah or the
power of Allah or the right of Allah, by the knowledge of Allah he means
what Allah knows, by the power of Allah what He has decreed and by the
right of Allah what He has made obligatory for His servants. This does not
require kaffara (expiation) because it is not an oath by Allah. If by the oath he
meant the Attributes of Allah, it is binding.
As all the fuqaha' and hadith scholars also stated, ash-Shafi'i held that the
Qur'an was the Uncreated Word of Allah. He said that Allah Almighty says
in His Book, "Allah spoke to Musa." (4:164) He believed in the vision of
Allah on the Day of Rising and he deduced evidence in the Qur'an for that:
"No indeed! Rather that Day they will be veiled from their Lord." (83:15) He
said, "If the unbelievers are veiled by anger, that indicates that His friends
will see Him with pleasure." He believed in the Decree and the
Determination of good and evil. Ar-Razi deduces from the preface of the
treatise which he wrote on the fundamentals of faith, that ash-Shafi'i believed
that Allah created the actions of man by His will and that man acquired them.
Ar-Rabi' reported ash-Shafi'i as having stated, "People do not create their
actions. They are part of the creation of Allah Almighty."
Ash-Shafi'i said about faith, "Faith is both confirmation and action." Since
that is the case, it increases and decreases according to actions. Ash-Shafi'i
cited evidence for this view including what happened when Allah changed
the q i b 1 a from Jerusalem. People asked, "What will happen to the prayers

which we prayed to Jerusalem?" Then Allah revealed, "Allah would not let
your faith go to waste." (2:143) He called the prayer "faith". For the increase
and decrease of faith, he used as evidence the words of the
Almighty: "Each time a sura is revealed, there are some among them who
say, 'Which of you has this increased in belief?"(9:124) and His words in
Surat al-Kahf, "They were young men who believed in their Lord and We
increased them in guidance."(18:13)
Thus we see that ash-Shafi'i announced his articles of faith and his beliefs
regarding some of the questions with which k a l a m scholars dealt, without
becoming involved in it and delving into its philosophy which misled some
people.
Ash-Shafi'i's opinion about the khalifate
Now we move to a question on which the scholars of k a l a m focused and
which touches on an area of fiqh: the khalifate. AshShafi'i believed that there
must be a ruler under whose auspices the believer acts, enemies are fought,
roads are made safe, and who takes from the strong for the weak so that the
pious are relieved and there is rest from the corrupt, as 'Ali ibn Abi Ta lib
stated. He also thought that the khalifate should be restricted to Quraysh, as
the majority of Muslims thought, and the khalifate is valid without allegiance
if that was necessary. This was reported from Harmala, his student, according
to whom he said, "Any Qurayshite who becomes khalifa by the sword, and
on whom the people agree, is indeed the khalifa." So there were two things
necessary for the khalifa: one is that he be from Quraysh and second is that
the people agree on him, whether the agreement preceded his becoming
khalifa or not.
It is reported that he said that the Rightly Guided khalifs were five: the usual
four and 'Umar ibn 'Abdu'l-'Aziz, may Allah be pleased with all of them. If
being a Hashimite had been a precondition for eligibility to be the khalif, he
would not have considered 'Umar ibn 'Abdi'l-Aziz to be one because he was
an Umayyad and not a Hashimite. The only Hashimite among them was 'Ali.
This is what is well known from ash-Shafi'i regarding his views on the

khalifate. It is also well known that he considered that Abu Bakr to have been
more entitled to the khalifate than 'Ali, on the basis of two h a d i t h s. One
that he related was about a woman who came to the Prophet, may Allah bless
him and grant him peace, and asked him for something and he commanded
her to come back. She said, "Messenger of Allah, and if I return and do not
find you?" apparently referring to his death. He said, "Then go to Abu Bakr."
This indicates that Abu Bakr was the one who would be in command after
him. The second hadith that ashShafi'i related is that the Prophet said,
"Follow those after me: Abu Bakr and 'Umar." He also ranked the Rashidun
khalifs in virtue according to their order in time: Abu Bakr, 'Umar, 'Uthman
and then 'Ali.
Such were the opinions of ash-Shafi'i on the khalifate in general; but in
addition to these views, like every Muslim, he loved the family of the
Messenger of Allah and was sincere in his love for them. As we saw, during
his lifetime he was accused of being one of the 'Alawites who rebelled
against Harun ar-Rashid. It was said that he gave allegiance to the one they
chose as khalifa. We do not know the real source of this accusation and
whether it was due to his love for the family of the Prophet or arose from
actual events. He was certainly pained by the persecution to which the
'Alawites were subjected in spite of the fact that they were the family of the
Messenger of Allah. That may have led him to join them from youthful
exuberance. We do not know the truth of the accusation.
As for his admiration for 'Ali, there are many reports that he mentioned 'Ali
ibn Abi Talib in his gatherings. Once a man remarked, "People only ran away
from 'Ali because he did not care for anyone's opinion." Ash-Shafi'i said,
"He had four qualities; if a man had only one of them, it would be
appropriate for him not to be concerned with anyone's opinion. He was
ascetic, and the ascetic is not concerned with this world or its people; he was
a scholar, and the scholar is not concerned with anyone else's opinion; he
was courageous, and the courageous man is not concerned with anyone else's
opinion; and he was noble, and the noble man is not concerned with anyone
else's opinion."
He said about 'Ali, ""Ali was given knowledge of the Qur'an and fiqh
because the Prophet, may Allah bless him and grant him peace, summoned
him and commanded him to judge between people. His judgements were

examined by the Prophet and he confirmed them." So we find that ash-Shafi'i
was intent on maintaining objectiveness and balance in his opinions
constantly. So he loved 'Ali and admired him and considered those who
rebelled against him to be rebels. But his love did not lead him to prefer him
to Abu Bakr, 'Umar and 'Uthman.
The fiqh of ash-Shafi'i
Ash-Shafi'i did not form an independent school or independent legal
opinions separate from those of Malik until after he left for Baghdad on his
first journey in 184 AH. Before that he was considered one of the adherents
of Malik and defended his opinions and resisted the supporters of opinion
(ra'y) by defending the people of Madina. Hence he was called "the Helper
of the Hadith".
After ash-Shafi'i had stayed in Baghdad for a time on this first visit, studying
the books of Muhammad and debating with the supporters of opinion, he felt
that he had to produce for people a fusion of the fiqh of the people of Iraq and
the people of Madina. So he applied himself to studying the opinions of
Malik in a penetrating and critical manner, not as his partisan trying to defend
him.
Perhaps arguing for the opinion of Malik, even if he was moved by zeal for
him, led him to see faults in it, as he saw the virtues and faults of the fuqaha'
of Iraq when he debated with them and studied their understanding and
opinions. So he thought there must be a new way of thinking and a new
direction. Then the debate on the secondary branches directed him to lay out
the principles of a new system and research rules and criteria to guide it. So
he left Baghdad and started out on a new course.
Ash-Shafi'i went to Makka and set up a circle in the Haram. This marked the
true beginning of his school. We can divide his action in the formation and
expression of his opinions into three stages. The first stage was in Makka; the
second was in Baghdad, on his second visit; and the third was in Egypt. At
each of these stages he had students who studied with him, discussed with
him and spread his teaching from him at those stages. We have nothing to
define these three stages for us precisely but we can delineate them

approximately because we see that the fruits of each stage are to some degree
distinct from the fruits which came before and after it.
He stayed in Makka for nine years after leaving Baghdad the first time. It was
a very productive period in his life in terms of scholarship and he reached his
maturity when he was there. At the beginning of this period he was not yet
forty. He was aware of the different opinions of the scholars of his
generation, having studied and taken all or most of what they had. In the
course of his journeys he had collected most of the h a d i t h s gathered by
people throughout the cities of Islam, so accumulating a store of wealth
which he did not have before. When he studied them he found that sometimes
they conflicted and so he preferred some to others, on the grounds of either i
s n a d or abrogation of some by others. He based his deduction on those
which were firm. He began to study the evidence of the Qur'an alongside the
evidence of the Sunna he had collected, and that led him to define the
position of the Sunna in relation to the Qur'an.
We can say that in this period his thoughts were directed to universal
principles rather than secondary rulings. Perhaps most of his lessons in his
circle dealt with this and with instructing his students in methods of
deduction, in comparison of legal sources, and dealing with secondary rulings
in the light of his theories.
It may well have been those universal studies which caught the attention of
Ahmad ibn Hanbal when he saw ash-Shafi'i in his teaching circle in Makka,
and which caused him to leave the circle of Ibn 'Uyayna, who was relating
from az-Zuhri, for the circle of ash-Shafi'i. When someone criticised him for
that, he said, "Be quiet. If you miss a hadith now, you will find it later and
that will not harm you. But if you miss the intellect of this youth, I fear that
you will not find it again until the Day of Rising. I have not seen anyone with
more fiqh about the Book of Allah than this Qurayshi youth." He also said,
"Fiqh was a closed book to its students until Allah opened it through ash-
Shafi‘i."
The first fruit of that productive stage was the Risala (treatise) which he
wrote in Makka for 'Abdu'r-Rahman ibn Mahdi at his request. Some sources
say that he wrote it in Baghdad during his second visit but even if that was
the case, it was the fruit of his studies in Makka. Ash-Shafi'i brought that

fruit to Baghdad and disseminated it in academic circles there, and it was
something new among them. Al-Karabisi said, "We did not know the Book
or the Sunna or consensus until we heard ash-Shafi'i say, 'The Book; the
Sunna; and consensus.""
Ash-Shafi'i arrived in Baghdad in 195 AH and stayed there for about three
years. This was the second stage of his ijtihad. In it he began to examine the
opinions of contemporary fuqaha'. He also compared the opinions of the
Companions and the Tabi'un against the universal principles he had
formulated and preferred some of them on the basis of these principles. Then
he examined the opinions which he thought were in accordance with his
principles.
He examined the disagreements between the Companions and the reason for
them, such as the disagreements between 'Ali and Ibn Mas'ud, Ibn 'Abbas
and Zayd ibn Thabit, and he examined the disagreement between Abu Hanifa
and Ibn Abi Layla related by Abu Yusuf. He called that The Disagreement of
the Iraqis. Then he examined the positions of al-Waqidi and al-Awza'i, and
so on with their various opinions, and dealt with them according to his
principles, choosing between them those which he thought were most
consonant with his principles, or leaving them altogether for a new opinion if
none of them coincided with the principles he had formulated.
Ash-Shafi'i moved to Egypt in 199 AH, remaining there for about four years
until his death. In that period ash-Shafi'i completed his development, his
opinions matured, and he encountered the local practice there which resulted
in new ideas. He saw in Egypt what he had not seen before - new customs,
an ancient civilisation and new traditions from the Tabi'un - and so he began
to review all his prior opinions in the light of his experience, his age, and the
land in which he had settled.
This resulted in his rewriting his Risala on the usul as a new book in which
he added and deleted certain things while retaining the core of the old
treatise. He studied his opinions on secondary rulings and jettisoned some of
them for new positions, replacing the old position with the new position to
which he had been guided. Sometimes he hesitated between the new and old
positions and so he mentioned both without retracting the first of the two. If
you wish, you could say that this stage was the stage of thorough scrutiny. In

it he reviewed all his opinions and scrutinised his principles analytically.
Every position was subjected to analysis and examination, to ascertain the
good and bad qualities which brought it close to the Sunna or distanced it
from it. He began to scrutinise his own opinions in this exacting and rigorous
way.
Then he recorded the result of his studies and wrote his final version of the
Risala. He himself wrote many of its questions and he dictated others. His
companions related from him the sum of his opinions at that time and they
transmitted his disagreements with other fuqaha'. So when ash-Shafi'i died
he left a rich legacy of fiqh and deduction.
The transmission of ash-Shafi'i's fiqh
Ash-Shafi'i's figh was transmitted in two ways. One was by his students and
the other was through the books which he wrote or dictated to his students.
These should be mentioned briefly.
Ash-Shafi'i's students
Ash-Shafi'i had students who transmitted his fi q h in all three stages of his
development. He had students who learned and transmitted from him in
Makka, students who learned and transmitted from him Baghdad during his
second visit, and students who learned and transmitted from him at the end of
his teaching life in Egypt.
One of those who kept his company in Makka was Abu Bakr al-Hamidi, a
reliable muhaddith faqih, who died in 219 AH in Makka. He went with ash-
Shafi'i to Egypt and then returned to Makka after his death. There was Abu
Ishaq Ibrahim ibn Muhammad al-'Abbasi, who had a reliable memory for
hadith, but from whom nothing about fiqh has been transmitted. He grew up
in Makka and died in 237 AH. There was Abu Bakr Muhammad ibn Idris.
Ibn 'Abdu'1-Barr said that he was the companion of ashShafi'i. I do not know
in what year he died. He studied with him in Makka. Another was Abu'l-
Walid Musa ibn Abi'l-Jarud, who stayed with ash-Shafi'i, wrote out his
books and learned his figh, and adopted his position before he went to
Baghdad. Those are some of the people who learned fi q h from ash-Shafi'i

in Makka and they are mentioned among his companions.
One of his companions in Baghdad was Abu'l-Hasan asSabbagh az-
Za'farani. There was none among the students of ashShafi'i more eloquent
than him, or with more insight into the Arabic language and recitation. Al-
Khatib al-Baghdadi reported that he said, "Ash-Shafi'i came to us and we
gathered around him. He said, 'Find someone to read to you.' No was bold
enough to read to him except me. I was the youngest of the people and still
had no beard. Today I am amazed that I had the audacity to speak in the
presence of ash-Shafi'i and I am astonished at my temerity that day." Al-
Khatib also said, "When I read the R i s a 1 a to ashShafi'i, he asked. 'From
which Arab tribe do you come?' I replied, 'I am not an Arab. I am from a
village called az-Za'faraniyya.' He told me, 'You are the master of that
village."" He died in 360 AH.
There was also Abu 'Ali al-Husayn ibn al-Karabisi, who was an exacting
scholar. He was someone on whom the ruler relied for fatwa and he was a
skilled debater. He used to follow the school of the people of Iraq. When ash-
Shafi'i came he sat with him and read his books from az-Za'farani. He died
in 256 AH. Another follower from this time was Abu Thawr al-Kalbi, who
used to hold to the school of the people of Iraq until he accompanied ash-
Shafi'i, took knowledge from him, and listened to his books from him. He
died in 240 AH.
Among those who accepted ash-Shafi'i's teaching, even if they are not
known as followers of his school, were Imam Ahmad ibn Hanbal and Ishaq
ibn Rahawayh. Ibn 'Abdi'l-Barr said of Ibn Rahawayh: "He was one of great
scholars and scholars of hadith. He was noble and wrote many books and
works on fiqh. He did not meet ash-Shafi'i although he wrote out his books
and used his own discretion as did Abu Thawr. He was more inclined to
hadith and following the Salaf. He died in Nishapur in 277 AH."
Another of his companions in Egypt was Harmala ibn Ya h y a ibn Harmala.
He was eminent and noble. It is said that ash-Shafi'i stayed with him. Ibn
'Abdi'l-Barr said, "He reported from ashShafi'i from the books which ar-
Rabi' reported from him ... He died in Egypt in 266, being one of the
companions of ash-Shafi'i."

Another student was Abu Ya'qub Yusuf ibn Yahya al-Buwayti. Ash-Shafi'i
delegated him in his circle and preferred him to Muhammad ibn 'Abdullah
ibn 'Abdi'l-Hakam in spite of his great love for Ibn 'Abdi'l-Hakam. He
preferred the truth over friendship as was his wont. Al-Buwayti was a
scholar, an ascetic and a faqih. He was suspected of not accepting the
Mu'tazilite position regarding the creation of the Qur'an and was imprisoned
until he died in Baghdad in 231 AH. As-Subki said about him: "He had the
station of the true men. The jailer said that when al-Buwayti was in prison he
would perform a ghusl every Friday, perfume himself, wash his garments and
go to the door of the prison when he heard the call. The jailer would take al-
Buwayti back and he would say, 'O Allah, I have answered Your caller, but
they have prevented me."
Another was Abu Ibrahim Isma'il ibn Yahya al-Muzani, who was a faqih and
scholar knowledgeable in all aspects of debate and exposition. He has many
books on the school of ash-Shafi'i, including the Great Summary and the
Small Summary. The Great Summary is called al-Mabsut and the Small
Summary is called alM u k h t a s a r. Ibn Hajar said, "He wrote a 1 - M a b s
u t and a 1 Mukhtasar on the basis of the knowledge of ash-Shafi'i. He was a
paragon in evidence and argument, a man of worship and action, humble,
absorbed in ideas. He died in 264 AH. Many have written commentaries on
his S u m m a ry, including Abu Ishaq al-Marwazi and Abu'l-'Abbas ibn
Surayj."
Another of ash-Shafi'i's students was Abu 'Amr Muhammad ibn 'Abdullah
ibn 'Abdi'l-Hakam. Ibn Hajar said of him in Tawali' at-Ta'sis: "None was
equal to Abu 'Amr among the people of Egypt." Al-Muzani said, "Ash-
Shafi'i looked at him and followed him with his eye." He was a leading
exponent of knowledge in Egypt. He died in 258 AH. He was a favourite of
ash-Shafi'i and there was true brotherhood and love between them. When
ashShafi'i became ill and felt that he was dying, his companions asked him
who should succeed him in his circle, and he indicated al-Buwayti. In spite of
his great love for Ibn 'Abdi'l-Hakam, he saw in al-Buwayti what he did not
see in his close friend. It is said that that made Ibn 'Abdi'l-Hakam angry so
that after ash-Shafi'i died, he left his school for Malik. Whatever happened
after ashShafi'i's death, he listened to the books of ash-Shafi'i and they say
that he listened to Ahkam al-Qur'an, The Book of the Refutation of
Muhammad ibn al-Hasan, and as-Sunan.

There was also ar-Rabi' ibn Sulayman al-Jizi. As-Subki describes him as a
righteous f a q i h who related from ash-Shafi'i, 'Abdullah ibn Wahb, Ishaq
ibn Wahb, 'Abdullah ibn Yusuf and others. He died in 256 or 257 AH. It is
not clear whether he was actually a companion who related his books from
him or simply his views.
The ar-Rabi' ibn Sulayman who transmitted the books of ashShafi'i is Abu
Muhammad ibn 'Abdi'l-Jabbar al-Muradi the m u ' a d h d h i n. He used to
call the a d h a n in the Great Mosque of Fustat until he died. No one had
called the adhan from the minaret before him. Ibn 'Abdu'1-Barr says that he
was ash-Shafi'i's companion for a long time, took much from him, and
served him. He had travelled to him in search of his knowledge. He died in
270 AH and was the last in Egypt to relate from ash-Shafi'i. Ar-Rabi' was
eminent and related all of the books of ash-Shafi'i; and people transmitted
from him. According to al-Bayhaqi, if he was lacking some pages of a text he
would say "ash-Shafi'i said" or report it from al-Buwayti from ash-Shafi'i.
People travelled to him to listen to the books of ash-Shafi'i. Ibn Hajar
al-'Asqalani says that sometimes ar-Rabi' would be absent doing something
for ash-Shafi'i and would read what he missed when he returned.
There are many statements in books which throw light on the reports of ash-
Shafi'i and his students and state that the transmitter of the later books of ash-
Shafi'i was ar-Rabi' ibn Sulayman alMuradi. That is why an-Nawawi said:
"Know that when ar-Rabi' is mentioned in the books of the school, al-Muradi
is meant. If they mean al-Jizi, they say so." Nonetheless, there were some
books which ar-Rabi' did not relate.
Those are some of the companions of ash-Shafi'i who reported his school in
the various stages of his ijtihad and disseminated his teaching to people and
the generations after him.
His Books
The muj tahi ds in the time of the Companions and Ta b i ' u n refused to
write down their fatwas or ijtihad and they even forbade the S u n n a to be
written down, so that the written source of the deen would only be the Book,
which is the support of this Shari'a, its clear light, and the rope of Allah

extended until the Day of Rising. At a certain point, however, scholars
decided it was necessary to record the Sunna, fatwas, and fiqh.
The different sects came and recorded their positions. The Shi'ites came and
recorded the views of their Imams, and the Mu'tazilites recorded the views of
their scholars. The h a d i t h scholars, therefore, needed to record sound h a d
i t h s to set them apart from things falsely attributed to the Messenger of
Allah, may Allah bless him and grant him peace. Then the f u q a ha ' wrot
e down their opinions. Some books are reported from Abu Hanifa. Abu
Yusuf wrote the Kitab al-Kharaj1 for ar-Rashid and other books are attributed
to him. Muhammad ibn al-Hasan recorded the views of the Iraqis.
So ash-Shafi'i came at a time in which scholars were recording their views
and those of their shaykhs. Some transmitters mention that his first book was
a refutation of the fuqaha' of opinion. AlBuwayti stated: "Ash-Shafi'i said, 'I
met with the people of hadith and they asked me to reply to the book of Abu
Hanifa. I said, 'I do not know their position until I have examined their
books.' So I asked for the books of Muhammad ibn al-Hasan to be copied out
for me and I examined them for a year until I had memorised them; and then
I wrote the Baghdadi Book.""
1. Taxes imposed on revenue from land or the work of slaves.
If that report is sound, it indicates that ash-Shafi'i first wrote about the
method used by the people of Iraq to record opinions before he wrote his own
independent opinions. He defended the fi qh of h a di th, the fi qh of the
people of Madina, or the f i q h o f Malik itself, because he represented the
Madinans. That was after ash-Shafi'i became aware of the books of
Muhammad ibn alHasan. There is no doubt that this took place during his
first visit to Baghdad before he had an independent opinion about i j ti h a d
separate from the school of Malik.
Whatever the case, after ash-Shafi'i formulated his own method of i j t i h a
d, investigation, and f a t w a, he wrote more books. He recorded the
principles he used for deduction and his opinions on various questions. He
also recorded the s u n a n and the disagreements between the Companions,
choosing from different opinions the one which he thought preferable and
embracing it. We do not know that he wrote any book in Makka: none of the

historians mention any. Nonetheless we are inclined to believe that he wrote
the Risala to 'Abdu'r-Rahman ibn Mahdi while he was in Makka. Many
works are mentioned as having been composed after he returned to Baghdad
in 165 AH, and it is possible that he wrote the books in Makka, but did not
transmit them until he went to Baghdad. Then in Egypt he re-examined them.
Ash-Shafi'i made his books public in Baghdad, where he issued the Risala
and read his books to his students. As we have mentioned, az-Za'farani
stated, "Ash-Shafi'i came to us and we gathered to him. He said, 'Find
someone to read to you."" This indicates that he had books which he had
written and prepared and which were read and disseminated among his
students. His students studied these books, and the most famous of their
transmitters were az-Za'farani and al-Karabisi. The book on fiqh which he
wrote in Iraq is called al-Hujja, and was a large volume.
Ibn an-Nadim calls the book which az-Za'farani related from ash-Shafi'i A 1 -
M a b s u t. Was it the same as a l - H u j j a? Information on the contents of
al-Mabsut of az-Za'farani is found in the Fihrist of Ibn an-Nadim, who states
that it is the work which ar- R a b i ' related in Egypt. We find that it contains
all of the opinions of ashShafi'i regarding secondary rulings, evidence,
debate and disagreement. So we can say a l - H u j j a is what Ibn an-Nadim
called al-Mabsut that, and is what came to be called al-Umm after ashShafi'i
had made some changes and alterations to it in Egypt.
Ash-Shafi'i went to Egypt and there he re-examined his books, his opinions
and his school. He made some changes and alterations, set down his new
books, and dictated many questions. His companions reported questions from
him and they were reported from him in Egypt. The Kitab as-Sunan was
reported from him. As-Suyuti said in Husn al-Muhadara: "In Egypt he wrote
his new books like a 1 - U m m, al-Amali al-Kubra, and al-Imla' as-Saghir. "
Ibn Hajar reported that ar-Rabi' said, "Ash-Shafi'i resided in Egypt for four
years and he dictated 2500 pages to me. He produced al-Umm, in 2000
pages, Kitab as-Sunan, and many things - all in the space of four years." Al-
Buwayti summarised what he heard from ash-Shafi'i in Egypt in his M u k h t
a s a r. Al-Muzani wrote a similar book also called al-Mukhtasar. All these
expounded the fiqh of ash-Shafi'i in Egypt and his final views.
A r-Rabi' ibn Sulayman al-Muradi related all that ash-Shafi'i wrote and

dictated in Egypt, and people travelled to him. He kept close by ash-Shafi'i
throughout the course of his stay in Egypt. He related that he was with him
before he came to Egypt, as is stated by Ibn Hajar. Ibn an-Nadim called what
ar-Rabi' transmitted "alMabsut", and what az-Za'farani transmitted was also
entitled "alMabsut". Az-Za'farani transmitted the books of ash-Shafi'i in
Baghdad as ar-Rabi‘ did in Egypt.
Here we should point out something important which is connected to this in
order to contrast ash-Shafi'i's old and new positions. It might be imagined
from what some people have said that when ash-Shafi'i came to Egypt he
produced his new books from scratch with no reference to the earlier ones.
That was accepted as fact by some later writers who took it to be true and
definite.
For that reason some writers say that those four years in Egypt were
sufficient to write all of these books. It is not reasonable to suppose that ash-
Shafi'i would start wholly afresh on the topics on which he had written about
before in Baghdad. He examined what he had written and left unchanged
what he thought was sound. He read it to his followers and they transmitted it
from him. What he changed he wrote and dictated. It is not logical to assume
that a writer would discard all that he had written and start completely afresh.
That is confirmed by the expressions used. According to Ibn H a j a r, al-
Bayhaqi said, "Some of his new chapters were not rewritten: fasting, hudud,
the lesser pledge, hiring and funerals. He commanded that these chapters be
read to him as they were, but his i j t i h a d regarding other matters was
changed." This removes many uncertainties about views on questions which
ash-Shafi'i was known to have retracted but which still exist in some books.
Al-Mabsut by ar-Rabi' is the same order as that of az-Za'farani, even though
there is a slight difference between them. The Mabsut of az-Za'farani was
written in Baghdad and that of ar-Rabi' in Egypt. This indicates that the
source was the same but that there were changes, alterations, additions and
deletions which were included in the new book in Egypt.
The truth is that the new books are the old ones revised and augmented. The
core of the old R i s a l a is in the new R i s a l a, but after numerous
corrections, additions and deletions have been made. The same applies to all

of his books. Ash-Shafi'i, as debater and analyst, scrutinised the opinions
which he had debated in search of the truth which was his only objective. So
he always examined his own views as he did those of others. Then he again
compared them against what he extrapolated from the principles, and either
left or adjusted them. So it is that different views were transmitted from him
about the same questions at different times. He would report a view and then
retract it because of a hadith he had found, a better analogy to which he was
guided, or the fatwa of a Companion which he had not known before.
Ash-Shafi'i always had misgivings about his opinions - as do all who are
sincere. He thought that there might be mistakes in his positions throughout
all his ijtihad. As al-Buwayti related, he used to say, "I wrote these books and
I did not go back to them. There must be error in them because Allah
Almighty says, 'If it had been from other than Allah, they would have found
many inconsisten cies in it.' (4:82) If you find anything in these books of
mine which diverges from the Book and Sunna, I retract it."
Before we move on from the writing of his books, we must refer to a
controversy which has arisen among researchers. The books which the
companions of ash-Shafi'i related fall into in two categories: one which
historians and transmitters ascribe to ashShafi'i: al-Umm, the Risala, The
Disagreement of the Iraqis, and The Disagreement of 'Ali and 'Abdullah,
etc .; and a group which are mentioned as ascribed to his companions
although they are summaries of his writings, examples being the S u m m a ry
of alBuwayti and the Summary of al-Muzani.
There is no doubt that this latter category comprises the writing of his
companions and their summary of his words, even though the opinions
ascribed to ash-Shafi'i are no fewer than in the first. In the first category, ash-
Shafi'i was responsible for the idea and the text, and in the second only for
the idea, the text and expression being the work of his companions, like the
books of Imam ash-Shaybani in the Hanafi school.
Ash-Shafi'i consulted the books of others when writing his books so that he
would know the h a d i t h s or legal traditions in them in order to be able to
criticise and debate them. We read in Tawali' at-Ta'sis: "Ash-Shafi'i came
and stayed in Egypt for four years and composed these books. He had with
him from the Hijaz the books of Ibn 'Uyayna. He went to Yahya ibn Hassan

and wrote from him. He took books with questions from Ashhab. He used to
place the books in front of him and write. When a book was finished, Ibrahim
came and wrote and al-Buwayti read to him. All who were present listened to
the book of Ibn Hiram and then copied it afterwards. Ar-Rabi' saw to the
needs of ash-Shafi'i. Sometimes he would be absent on an errand, and when
he returned ar-Rabi' would read to him what he had missed."
These reports indicate that ash-Shafi'i himself wrote and composed without
dictation, after which his students transmitted what he wrote and heard from
him. Sometimes ash-Shafi'i dictated and the reader of the Kitab al-Umm
often encounters the phrases, "ashShafi'i dictated to us" or "he reported to
us".
The Kitab al-Umm
What type of book is the Kitab al-Umm by ash-Shafi'i? Did he write it, or did
he dictate it, or is it rather an account of what he said? The answer which
comes to mind immediately is that the Kitab al-Umm is a book which ash-
Shafi'i wrote or dictated himself; and there are many reports to that effect
-
for example, from his companions such as al-Muzani, ar-Rabi' and al-
Buwayti. They had the book itself in their possession. No one really differs
from this consensus, but in the discussion on brotherhood in the Qut alQulub,
a book on tasawwuf, Abu Talib al-Makki mentions that alBuwayti wrote the
Kitab al-Umm and gave it to ar-Rabi', who became known for it. We should
bear in mind the topic of this chapter, which is brotherhood. According to
Abu Talib:
Ash-Shafi'i, may Allah be pleased with him, formed a brotherhood with
Muhammad ibn 'Abdi'l-Hakam alMisri. He had great love for him and
brought him close, saying, 'No one in Egypt gave me lodging except him.'
Once Muhammad fell ill and ash-Shafi'i visited him. ArRabi' said that he
heard ash-Shafi'i recite when he visited Muhammad:
The beloved fell ill, so I visited him
and I fell ill out of concern for him.
The beloved came to visit me
and I was healed by the sight of him.

The people of Egypt had no doubt that ash-Shafi'i would assign his circle to
Muhammad ibn 'Abdi'1-Hakam, appoint him his successor after his death,
and order people to listen to him. When ash-Shafi'i was in his final illness,
someone asked, 'Abu 'Abdullah, with whom should we sit after you? Who
will be the master of the circle?' thinking that he would point to Muhammad.
Muhammad, who was waiting for the same, was sitting by his head. Ash-
Shafi'i said, 'Glory be to Allah! Is there any doubt about this? Abu Ya'qub
al-Buwayti.' Muhammad was deeply disappointed. His companions inclined
to Abu Ya'qub alBuwayti. Muhammad then proceeded to attack the
knowledge and school of ash-Shafi'i and rejoin the school of Malik.
Al-Buwayti was more ascetic and scrupulous, so ashShafi'i was faithful to
the Deen and the Muslims without parti ality. He entrusted the task to
Abu Ya'qub and preferred him because he was more worthy of it. When
ashShafi'i died, Muhammad ibn 'Abdi'l-Hakam left his school and
companions and returned to the school of Malik. He related his father's books
from Malik and learned their fiqh. Today he is regarded as one of the great
adherents of Malik.
Al-Buwayti sought to become unnoticed and withdrew from people to al-
Buwayta, part of the Nile Delta, where he wrote the Kitab al-Umm which is
now attributed to arRabi' ibn Sulayman. It was compiled by al-Buwayti but
he did not mention himself in it. He sent it to ar-Rabi', who added to it and
made it known; and people listened to it from him. Al-Buwayti was arrested
in the Inquisition, taken from Egypt to the khalif, and imprisoned for refusing
to say that the Qur'an was created. Ar-Rabi' said, "AlBuwayti wrote to me
from prison encouraging me to hold assemblies, and commanding me to
persevere in knowledge, gentleness to students and welcoming them, and
being humble to them." He said, "I often heard ash-Shafi'i say:
'I humble myself to honour them;
and an unhumbled soul will not be honoured.""
This is what Abu Talib al-Makki said about the story of ashShafi'i, al-
Buwayti and Ibn 'Abdi'l-Hakam. Its aim is to show a faith in the Next World
which does not allow a friend to give preference to his own affections over
the De e n and concern for the Muslims. But can we deduce from it that Abu
Talib was attacking the attribution of a 1 - U m m to ash-Shafi'i by way of ar-

Rabi ' ? Comparison of text and isnad does not back this up. The aim of the
story was to encourage people to be detached, and to prefer Allah. To this
end, the Sufis sometimes report traditions which are weak and are not averse
to doing so in order to achieve their desired aim. Thus there is no evidence
that the story of al-Buwayti and ar-Rabi' is true in respect of the origin of al-
Umm or should cause doubt about the generally accepted attribution.
The words which we have quoted would indicate that ashShafi'i did not write
the Kitab al-Umm himself but that it was written by al-Buwayti and read by
ar-Rabi' with an attribution to ash-Shafi'i. This is contrary to the consensus
of scholars. It would imply that al-Buwayti was the one who collected what
ash-Shafi'i wrote and dictated and then gave it to ar-Rabi' who added to it
and disseminated it. That possibility is refuted by two considerations.
The first is that ar-Rabi' was one of those who clung to ashShafi'i when he
was in Egypt, and that although he may have been absent seeing to some of
ash-Shafi'i's needs, when he returned he read to ash-Shafi'i what he had
missed. Hence it is unlikely that alBuwayti would have had any of the
Egyptian books of ash-Shafi'i which ar-Rabi' did not have, even if his
position in figh was higher than that of ar-Rabi'. The question is one of
transmission, not of knowledge or understanding.
The second is that the consensus of the scholars is that the one who
transmitted the books of ash-Shafi'i was ar-Rabi'. People travelled to him for
that purpose. He was reliable and did not lie, and scholars of hadith did not
attack him but accepted his transmission. It would have been a kind of lie for
him to transmit ashShafi'i's books from someone else and then ascribe them
to himself. Ibn Hajar says in at-Tahdhib, "Abu'l-Husayn ar-Razi reported
with a chain of transmitters that Abu Yazid al-Qaratisi said, 'That a r-Rabi'
ibn Sulayman listened to ash-Shafi'i is not certain. He took most of the book
from the family of al-Buwayti after his death.' Abu'1-Husayn ar-Razi said,
'This is not accepted from Abu Yazid. Al-Buwayti used to say "Ar-Rabi' is
firmer in ash-Shafi'i's teaching than I." Abu Zur'a ar-Razi heard all the
books of ashShafi'i from ar-Rabi' four years before al-Buwayti died."
In short, there are many reports with continuous firm i s n a d s that ash-
Shafi'i used to write his own books. He composed books first in Iraq and
later in Egypt. Then he would read what he wrote to his students, who would

copy it. Sometimes he dictated, and it was ar-Rabi' ibn Sulayman who related
the books of ash-Shafi'i which reached him. Scholars travelled to him for the
books of ashShafi'i. Ar-Rabi' heard most of these books from ash-Shafi'i,
even if he did not listen to some areas of fiqh which he mentioned in his
transmission.
A r-Rabi' was very scrupulous. He mentioned the expressions which he
found in the text transmitted from ash-Shafi'i even if there were errors in it.
He transmitted it and then clarified the e r r o r. If he did not hear something,
he said, "I did not hear it." Sometimes he commented on the text and would
sometimes quote another of ash-Shafi'i's statements before clarifying his
final position. Sometimes he would state that ash-Shafi'i had retracted it.
The Legal Collection published in Egypt
There is a legal collection published in Egypt, which contains the fiqh of ash-
Shafi'i. The commentary claims that it is from alUmm but it is not. It
contains the Musnad of ash-Shafi'i and there are various statements by ash-
Shafi'i. What is in the text is not all from al-Umm. It contains part of the new
Risala - unless we consider all that ar-Rabi' related to be part of al-Umm just
as Ibn anNadim calls all that ar-Rabi' transmitted "a 1 - M a b s u t", in which
case al-Mabsut and al-Umm refer to the same thing. That is all that ar-Rabi'
related from ash-Shafi'i in Egypt, and so the Risala is part of it. According to
most scholars, however, the R i s a l a is not a l U m m because the R i s a l a
concerns the principles (u s u l) of f i q h whereas al-Umm is about fiqh itself;
and ash-Shafi'i did not give his Risala a particular name.
Since a 1 - U m m contains such expressions as "ash-Shafi'i was asked and
said," can we say that ash-Shafi'i wrote it or dictated it and that it was
transmitted from him with its current chapter order? There are three possible
answers in this question. The first is that ash-Shafi'i wrote or dictated this
book, instructing that the questions be written down and then dictating his
answers to them. So all of it comes from ash-Shafi'i, with some explanations
from arRabi'.
The second theory is that ash-Shafi'i recorded responses to various questions
with his own pen and dictated others. Then when he died, ar-Rabi' collected