What is your opinion regarding al-Shafi'i's statement on qiyas?
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The Shaykh: Go ahead.
The questioner: The first ... by the Book and the Sunnah, then he spoke and said, and it concludes with ijma' ... but it is a position of necessity because there is no ... and the report ... .
The Shaykh: The time of necessity, and in necessity.
The questioner: He said that it is a position of necessity, then he said because there is no ... meaning, it seems this phrase, this necessity ... .
The Shaykh: No, because in that case the phrase becomes very vague.
The questioner: Yes, because it is a position of necessity because there is no ... and the report, it seems I understood, meaning if the report is permissible ... if the report is accepted and this is what is upon ... in this chapter ... al-Shafi'i's statement may not be, meaning ... , as for al-Shafi'i's statement, I fear ... necessity ... .
The Shaykh: By Allah, what is settled in my mind and I find that the phrase you recited to me does not contradict what was with me, but I suggest that you review the books that transmit al-Shafi'i's phrase. From which book are you reading?
The questioner: From al-Risalah.
The Shaykh: From al-Risalah, okay, and I hope that, because I say Imam al-Shafi'i.
The questioner: Yes.
The Shaykh: As is not hidden from you, he is an Arab Quraishi man of eloquence, so if we interpret the phrase as it appeared to you, his phrase would be vague, and qiyas would be absolutely permissible with him.
The questioner: This is my intention; I fear that it may be understood this way from the phrase.
The Shaykh: And therefore I say, perhaps you should review the books that transmit this phrase from Imam al-Shafi'i. .
The questioner: Yes ... Imam al-Shawkani ... .
The Shaykh: No, no, no, I see no harm; I said al-Shawkani's statement is accepted.
The questioner: Yes.
The Shaykh: But I fear that there may be issues that cannot be resolved.
The questioner: Yes.
The Shaykh: With the two conditions mentioned by Imam al-Shawkani.
The questioner: He also mentioned a Shaykh who mentioned an issue, meaning an accepted one, intentionally, saying, meaning there is no, meaning there is no ruling that does not fall under the general concept of the Book or the Sunnah or ijma' or qiyas ... or the original presumption of innocence, there is no ruling, meaning that does not fall ... so why, meaning ... falls under any ruling ... there is absolutely no need ... .
The Shaykh: Yes, this statement, may Allah bless you, is accepted in general terms.
The questioner: Yes.
The Shaykh: But if it is fully accepted in its literal wording, in that case there is no need for qiyas at all.
The questioner: No, he says qiyas whose 'illah is specified ... and qiyas ... he denied the difference between the original and the branch, the Lawgiver denied the difference, like the slave and the slave woman, he denied the difference between them, it does not enter ... it enters by the text, meaning attached to the text, generally I do not want to prolong this on you, but if you see, for example, if the person, meaning ... with al-Shawkani's statement, do you see ... correct, if Allah wills?
The Shaykh: No, no, I do not doubt that it is correct, but all I fear is that he encounters an issue and wants to give the answer based on the two conditions mentioned by al-Shawkani.
The questioner: Yes.
The Shaykh: So he cannot answer.
The questioner: Yes.
The Shaykh: Otherwise, it is an accepted statement, and I mentioned this to you the first time.
The questioner: Yes, that is it.
The Shaykh: Yes.
The questioner : ... .
The Shaykh: Welcome, welcome, in any case, if something new comes to you, please inform us of it, if Allah wills.
The questioner : ... .
The Shaykh: Welcome, welcome, may Allah bless you, and upon you be peace and the mercy of Allah and His blessings.
The questioner: The first ... by the Book and the Sunnah, then he spoke and said, and it concludes with ijma' ... but it is a position of necessity because there is no ... and the report ... .
The Shaykh: The time of necessity, and in necessity.
The questioner: He said that it is a position of necessity, then he said because there is no ... meaning, it seems this phrase, this necessity ... .
The Shaykh: No, because in that case the phrase becomes very vague.
The questioner: Yes, because it is a position of necessity because there is no ... and the report, it seems I understood, meaning if the report is permissible ... if the report is accepted and this is what is upon ... in this chapter ... al-Shafi'i's statement may not be, meaning ... , as for al-Shafi'i's statement, I fear ... necessity ... .
The Shaykh: By Allah, what is settled in my mind and I find that the phrase you recited to me does not contradict what was with me, but I suggest that you review the books that transmit al-Shafi'i's phrase. From which book are you reading?
The questioner: From al-Risalah.
The Shaykh: From al-Risalah, okay, and I hope that, because I say Imam al-Shafi'i.
The questioner: Yes.
The Shaykh: As is not hidden from you, he is an Arab Quraishi man of eloquence, so if we interpret the phrase as it appeared to you, his phrase would be vague, and qiyas would be absolutely permissible with him.
The questioner: This is my intention; I fear that it may be understood this way from the phrase.
The Shaykh: And therefore I say, perhaps you should review the books that transmit this phrase from Imam al-Shafi'i. .
The questioner: Yes ... Imam al-Shawkani ... .
The Shaykh: No, no, no, I see no harm; I said al-Shawkani's statement is accepted.
The questioner: Yes.
The Shaykh: But I fear that there may be issues that cannot be resolved.
The questioner: Yes.
The Shaykh: With the two conditions mentioned by Imam al-Shawkani.
The questioner: He also mentioned a Shaykh who mentioned an issue, meaning an accepted one, intentionally, saying, meaning there is no, meaning there is no ruling that does not fall under the general concept of the Book or the Sunnah or ijma' or qiyas ... or the original presumption of innocence, there is no ruling, meaning that does not fall ... so why, meaning ... falls under any ruling ... there is absolutely no need ... .
The Shaykh: Yes, this statement, may Allah bless you, is accepted in general terms.
The questioner: Yes.
The Shaykh: But if it is fully accepted in its literal wording, in that case there is no need for qiyas at all.
The questioner: No, he says qiyas whose 'illah is specified ... and qiyas ... he denied the difference between the original and the branch, the Lawgiver denied the difference, like the slave and the slave woman, he denied the difference between them, it does not enter ... it enters by the text, meaning attached to the text, generally I do not want to prolong this on you, but if you see, for example, if the person, meaning ... with al-Shawkani's statement, do you see ... correct, if Allah wills?
The Shaykh: No, no, I do not doubt that it is correct, but all I fear is that he encounters an issue and wants to give the answer based on the two conditions mentioned by al-Shawkani.
The questioner: Yes.
The Shaykh: So he cannot answer.
The questioner: Yes.
The Shaykh: Otherwise, it is an accepted statement, and I mentioned this to you the first time.
The questioner: Yes, that is it.
The Shaykh: Yes.
The questioner : ... .
The Shaykh: Welcome, welcome, in any case, if something new comes to you, please inform us of it, if Allah wills.
The questioner : ... .
The Shaykh: Welcome, welcome, may Allah bless you, and upon you be peace and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.