FEATURES OF THE TWO SCHOOLS

BOOK ID

FEATURES OF

THE TWO SCHOOLS

By

The Learned ‘Allamah

Sayyid Murtadā Al-"Askari

Vol. 2

Translated From the Original Arabic

By

M.J. Khalili

Tehran - 1993

Point

FEATURES OF THE TWO SCHOOLS

Vol. 2

Written By: The Learned ‘Allāmah Sayyid Murtadā Al-`Askari

Translated By: M.J. Khalili

Distribution Center: Bunyad Beʻthat

First edition: 1998

Address: No 109, Somayyeh St., Teharn,

The Islamic Republic of Iran

Tel: 009621 - 8822244

Fax: 009621 - 8821370

P.O. Box: 15815/1361

All Rights Reserved

(فَبَشِّرْ عِبَادِ الَّذِینَ یَسْتَمِعُونَ الْقَوْلَ فَیَتَّبِعُونَ أَحْسَنَهُ ۚ أُولَئِکَ الَّذِینَ هَدَاهُمُ اللَّهُ ۖ وَأُولَئِکَ هُمْ أُولُو الْأَلْبَابِ)

(الزمر: 17 - 18)

Bismillāhir - Rahmānir - Rahim

[In The Name Of Allah, The Beneficent, The Merciful]

«... Therefore, give good news to my servants, those who listen it the word,then follow the best of it; they are those whom Allah has guided, and those are the men of understanding.»

(sūratuz-Zumar: 17 and 18).

Preface to the Fourth (Arabic) Edition

Praise be to Allah, the Lord of the worlds, and blessing and peace be upon Muhammad and his pure offspring, on his pure wives, the mothers of the Mu'minin [believers), and on his faithful and upright Companions.

Since this book is unique in its discussion, like my other two books, Abdullah ibn Saba' and One Hundred and Fifty Fabricated Companions, and does not follow any previous style, it was necessary for the discussions in its three volumes to gradually develop. Thus its Volume One was published in its:

First edition, in 1405H., in 215 pages.

Second edition, in 1406H., in 371 pages.

Third edition in 1409H., in 519 pages.

Fourth edition in 1412H., in 616 pages.

Volume Two:

First edition, in 1405H., in 378 pages.

Third edition in 1412H., in 405 pages.

Should Allah the Exalted lengthen my years and will me to redress some of the discussions of this book after this edition, I shall have the redressings printed in adding an annexe to the end of the book in its next editions, without changing the arrangement of the discussion of the book. Absolute perfection is Allah’s alone, and our last invocation is: praise to Allah, the Lord of the worlds.

Murtaţa Al-Askari, son of Sayyid Muhammad

al-Huseini, son of sayyid Ismael, shaykhul Islam

Preliminiary

To study the sources of the Islamic Legislation according to the Two Schools, we shall begin with studying the following five subjects: The Qur'an, The Sunnah, theBid'ah, Jurisprudence and Ijtihad.

Then we shall study the attitudes of the Two School towards each other. Within the discussions we shall study other terms which are related to the subject, inshā'allāh.

THE THIRD DISCUSSION

The Sources of the Islamic Shari'ah in

the Two Schools

Introduction: Five Islamic Terms

Chapter One: The Attitudes of the Two Schools...Towards the Qur'an

Chapter Two: The Attitudes of the Two Schools... Towards the Sunnah

Chapter Three: The Attitudes of the Two Schools...Towards Fiqh and Ijtihad

Chapter Four: The Quran and the Sunnah are the AhlulBayt School...Two Suorces of Legislation in

Chapter Five: A Summary of the Discussions of the Sources of the Islamic...Two Schools concerning the Shariah

Conclusion: The Readers' Opinion of the Book.

A call and an Invitation to the Scholars of the Islamic...Ummah

Entrance: Five Islamic Terms

2 and 3. The. Sunnah and the Bid'ah

1. THE QUR'AÎN

The Qur'an is the words of Allah which He revealed to the last of his prophets, Muhammad(S.A.) at intervals. It is vis-ā-vis poetry and porse in the Arab language. thus, the speech of the Arabs is divided into: the Qur'ān and the prose!⁽¹⁾. And, as a collection of several poems is called poetry, and a single poem is called poetry, and a single couplet called poetry and a single line of is is also called poetry, similarly a short single part of the Qur'ān is called Qur'ān, a single surah of it is called Qur'ān, a single ayah is called Qur'ān and even a part of the ayah is also called Qur'ān, such as: "...and of what we provided them with.” of the sūrah No.2.

The Qur'ān , in this sense, is an Islamic term and a religious fact, becuase its usage stems from the Glourious Qur'an and the Noble prophetic hdiths.

The other names of the Qur'an

The scholars had extracted other names for the Qur'ān, which are attributes rather than proper names, the most famous of which is the Book. Allah, the Glorified, says: “ This is the Book, there is no doubt in it.” (Sūratul Baqarah: 2) “The Book”, here,refers to the Qur'ān which is in the hands of the Muslims, vis-a-vis the Torah of the Jews and the Bible of the Christians.

This is because of “al-” in “al-Kitāb” is, here, a determinative particle.

“The Book” is also used in the Qur'ān, referring to the Torah, as in: “...and before it Moses' Book” (sūratul Ahqaf: 12)

The passessive case here indicates the intended Book.

The grammarians used to refer to sibawayh’s book of grammar as "the book".

Kashfuz-Zunūn ⁽²⁾, in Chapter on “the book”, says: Sibawayh’s book in

grammer: Sibawayh's book was so distinguished among the grammarian for its inherits and knowledge, that it was referred to by just “the book”. Inal’rBasrecht, (for example), it was usual to say: "So-and-so has read the book’ refering to Sibawayh’s. or: 'He has finished half of the book'. The referrence, undoubtedly, was also to Sibawayh’s book...”

When Abul Hasan, Ali ibn Muhammad, known as ibn Kharūf, the Grammarian, the Andalusian, al-Ishbili (d. 609H.) wrote a book commenting on Sibawayh's book, he called it Tanqıhul albāb fi Sharh ghawamidul Kitab [Polishing the hearsts by Explaining the Ambiguities of the Book].

Abul Baqā' Abdulllah ibn al-Husayn al-‘ukbari, al-Baghadadi, al-Hanbli (d. 616H.) explained the poetry of the book and called it Lubabul Kitāb [The cares of the Book].

Abu Bakr Muhammad ibn Hasan az-Zubaydi, al-Andalusi, al-Ishbili (d. 380H.) wrote a book named Abniyatul Kitāb [The Constractions of the Book].

Therefore, The Book is not a name confined to the Qur'ān, neither in the Qur'ān itself nor in the tradition of the Muslims.

Among other names of the Qur'ān is an-Noor [The light]. Allah, the exalted, says: "... and we have sent to you clear light.” (suratun-Nisa': 175); or “admonition” as in: “There has come to you, indeed, an admonition fromyour Lord.” (surat Yunus: 57) or "karim”⁽¹⁾(honoured) as in: “It is surely an honourd Qur'ān." (suratul Waqi'ah: 77)

Those names which are stated in the Qur'ān, are not, inact, names for the Qur'ān as the scholars say, but actually they express the attributes of the Qur'ān.

Of other names of the Qur'ān, according to the Khulafā School, is “al-Mushaf” which is neither in the Qur'ān nor in the Messenger's hadīths.

Az-Zarkashi and others said: “When Abu Bakr collected the Qur'an, he said: “name it’. Some said: ‘Name it as-Sifr [Book]' as in the Old Testament, but they disliked it from the Jews. Ibn Mas'ūd said: “I saw with the Abyssinians a book which they called al-mushaf”. They named so."⁽²⁾

This name, therefore, is a Muslim's term. It is neither Islamic nor a religious one.

The same thing can be said in respect of ash-Shāri, a name used by the Kharijites, who use it to name every body who has prepared himself to fight the Muslims. Other than the Kharijites, it is used to denote al-Mushtari [Buyer]

vis-a-vis the seller in a selling and buying deal. So, whenever the term ash-Shāri is found in the talk of a non-Kharijite, it is to mean al-Mushtari, not the one who has prepared himself to fight the Muslims, ie contrary to what it is meant by a Kharijite. Similarly the word mabșut in the Syrian or the Iraqi dilects: in the former it means pleased, whereas in the latter it means beaten. So, whenever is comes in the talk of a Syrian we remember that it means pleased, and whenever it comes in the talk of an Iraqi we remember that it means beaten.

Therefore, whenever the word mushaf comes in the writings of the Khulafa School, we know that it means the Qur'ān, but if it comes in the writings of Ahlul Bayt school, we know that it means Fatimah's Book or as-sahifah as-Sajjadiyyah, which is a book of supplications.

In both instances the words mushaf or Şahifah do not mean the Qur'ān, as they mean the book of Fatimah or the book of as-Sajjad.

2 and 3. THE SUNNAH AND THE BID'AH

The sunnah and the bid'ah are two Islamic terms, each of which can be understood by understanding the other, and then by making a comparsion in eache instance which is wanted to be explained. Hereunder we explain these two terms:

First: The Sunnah:

The sunnah, philogically, means the way of life and the conduct, good or bad.⁽¹⁾In the Islamic terminology it refers to what the Messenger(S.A.) enjoined, recommended and prohibited, by his words and his deeds, in respect of the matters which were not stated in the holy Book.⁽²⁾It includes the Messenger's silent consent, that is, when he sees some Muslim does something and he keeps silent about it and does not prohibit him. That silence is taken to mean that the act was correct.⁽³⁾For this reason the Book and the Sunnah, ie. the Qur'ān and the hadith, are the evidences of the Islamic Law .⁽⁴⁾

Second: The Bid'ah:

philologically, al-bid' is the thing done for the first time.

The bid'ah in Islam is a saying or deed in which its sayer or doer did not follow the example of the bringer of the Shari'ah.⁽⁵⁾

The sunnah is of the Sources of the Islamic Shari'ah

The sunnah was regarded a source of the Islamic Law because Allah, the

Exalted, said: “... and whatever the Messenger brings you take it, and from whatever he sboblasș lawp dlatkfő estiratai Mujādilah: 7), “Nor does he speak out of desire” (sūratua Najm: 3), “ Certainly you have in the Messenger of Allah agood example for him who has hope in Allah and in the Last Day and remembers Allah much.” (sūratul Anbiyā’: 21), “Say: 'If you love Allah, then follow me (as) Allah will love you and forgives you your sins.” (sūrat Ali Imrān: 31), “... Therefore believe in Allah and His Messenger, the unlettered Prophet, who believes in Allah and His words, and followh him.” (sūratul A'rāf: 158) and many other ayahs.

In many hadīths he is quoted to have urged the Muslimsto follow his shunnah, and prohibited from disregarding it, such as his saying: “Whoevere disliked my sunnah in not of me.''⁽¹⁾

Thus, the sunnah is an Islamic term and a religious fact.

The sunnah, ie. the Messenger's conducts, hadīth and admissions, reached us through the narratives quoted from him, and which, in our days, are written in the books of hadīths, biographies, tafsir and other suorces of the Islamic studies, such as the following narrantives:

The Messenger of Allah(S.A.) said, according to a narrative from ‘A’ishah: “Marriage is my sunnah, so, whoever does not act accordingly will not be of me,⁽²⁾and “Whovere revives a sunnah of mine so that the people may practise it, he will have a reward like that given to them, without their rewards being reduced. And whoever makes a bid'ah practised by them, he will bear the sins of all those who pracitse it, without their sins being reduced.”

In another narrative: “Whoever revived a sunnah of mine that had been deadened after me..."⁽³⁾etc.

Jābir said that the Messenger of Allah(S.A.) said: “The best thing is the Book of Allah and the best guidance isthe guidance of Muhammad. The worst things are thier novelties, as every bovelty is astraying.”

In another narratives:

“The best guidance is Muhammad's guidance...''⁽⁴⁾etc.

According to Ibn Masʼūd, the Prophet(S.A.) said: “After me you will be ruled by men who will extinguish the sunnah and act according to the bid'ah, and they will delay (performing) the salāts in time.” Ibn Mas'ūd asked: “O Messenger of Allah, what should I do if I caught up with them?” He said: “Do you ask me what you should do? No obedience to the one who disobeys Allah!'⁽¹⁾

On the quthority of Ibn `Abbās, the Messenger of Allah(S.A.): “Allah will refrain from accepting the (good) deed of an innovator until he abandons his bidah.⁽²⁾

Hundhayfah, quoting the Messenger of Allah(S.A.), said: “Allah will not accept from the innovator his fasting, salāt, charity, hajj, 'Umrah, Jihād, spendings and justice. He will be drawn out of Islam as a hair is drawn out of the douph.”

Allah referrs to the bid'ah in the Qur'ān by saying: "... They innovated monkery which we did not imposed upon them...” (sūratul Hadid: 27)

Summing up

The Islamic shari'ahi is what is stated in the Book, the sunnah and that which is deduced from them.

The bid'ah is that which is introduced in to the religion according to somebody's opinion which is stated neither in the Qur'ān, in the sunnah nor has been inducted from them, even if we called it: ijtihad, interests or the developed Islam, according to the needs of the time, as its people put it. This is applicable to all the hadīths of the Messenger of Allah(S.A.) concerning innovation and innovator.

4. AL-FIQH

a. Fiqh, in the lexicons, means: comprehension or understanding. b. In the Book and Sunnah it can be explained as below:

Allah, the Exalted, said: “...Why whould not, then, a group from every party go forth so that they may fully comprehend the religion, and that they may warn their folk when they return to them so that they may become aware.” (sūratu-Tawbah: 122)

The Messenger of Allah(S.A.) said: “May Allah flourish the servant (of Allah) who hears this takl fo mine and conveys it, as the carrier of fiqh may not be a faqih, adn a carrier of fiqh may convey it to some one better than him.''⁽¹⁾

He also said: “Asingle faqih is hard upon satan than a thousand worshipper.»''⁽²⁾

“... the person who comprehend: Allah's religion and is benefited by the knowledge) which Allah has revealed through me, learns it and then teaches... :''⁽³⁾

“The best of you are those who are noblest in behaviour when they

comprehend. ''⁽¹⁾

17 "The best of them in the Jahiliyyah are the best of them in Islam whenqitha comprehend.''⁽²⁾

“Two characteristics can not come together in a hypocrite: good manners and fiqh in religion.''⁽³⁾

“Whomever Allah wants to be good to, makes him a faqih in religion."⁽⁴⁾

“There will come to you men from all over the world to be faqihs in the religion. If they did, be kind to them.⁽⁵⁾

He invoked for Ibn 'Abbās, saying: “O Allah! make him a faqih in religion.''⁽⁶⁾

In the conversations of Ahlul Bayt and the Companions, after the Messenger of Allah(S.A.), that the Imām ‘Ali(A.S.) said: “Shall I tell you about the faqih, the true faqih?”

They said: “Yes, O Amirul Mu'minin.” He said: “The one who would not cause the people to despair of Allah's mercy, to assure them against Allah's pumishment, nor to allow them to disobey Allah.''⁽⁷⁾

Yahyā ibn Sa'id al-Ansāri said: “I saw the fiqhs of our town perform two rak‘ats with a taslīm during the day.''⁽⁸⁾

'Umar said: “Be faqihs before being made chiefs.''⁽¹⁾

sloohcs OWt btefesehus apleople make him chief for his fiqh it will be a life for himself and for them, but whoever is made a chief without having fiqh, it will be a death for himself and for them."⁽²⁾

Ibn Abdur-Rahmān, describing Ibn Abbās, said: "He is a reciter of the Book of Allah and faqih in the reiligion of Allah.''⁽³⁾

Sunan ad-Dārimi, in the Chapter on “The differences of the faqihs, states: “Umar ibn Abdul 'Aziz wrote to (his agents) allover the land, (to the effect that): each group should judge according to what was unanimously accepted by their faqihs."⁽⁴⁾

It also states: “When they sit aftre (ṣalāt) al-Ishā' _ the last _ They sit for fiqh.”⁽⁵⁾

“There is no objection to nighty chat about fiqh.''⁽⁶⁾

“They used to sit at night talking concerning fiqh.”⁽⁷⁾

In Şahiḥ al-Bukhāri, Ch.on “Chatting about fiqh”⁽⁸⁾, it is stated that ash-Sha‘bi said: “When `Adiy ibn Hātam came to al-Kūfah, we came to him with a number of the faqihs of al-Kūfah.''⁽⁹⁾

“Umrān al-Mangari said: “I spoke one day to al-Hasan about something he had said: “O Abu saʻid, the faqihs do not say so.” He said: “Woe on to you! Have you ever seen a faqih? The faqih is the one who foresakes this world, desire the hereafter, understands his religious affairs and continually warships

his Lord!''⁽¹⁰⁾

We have been relating what is stated in the books of hadith of the Khulafā School. In the books of the hadith of Ahlul Bayt, it is stated:

a. The Messenger of Allah(S.A.) said: “The faqihs are the trustees of the prophets, until they do not become mammonish.⁽¹¹⁾

“Whoever keeps for my ummah forty hadiths about their religius matters, which they can be benefited by them in their religious affairs, Allah will raise him on the Day of resurrection a scholar and faqih.”⁽¹²⁾

b. The Imām ‘Ali(A.S.), in Nahjul Balahah, says: “Whovere trades without fiqh will be involved in usury.”, “... a flourishment for the hearts of the faqīhs."⁽¹⁾“Acquire fiqh in to religion.''⁽²⁾

c. The Imām Ja'far as-Sadiq(A.S.) said: “I wish whips to rise over the heads of my companions until they become faqihs in the halāl and hrām.”⁽³⁾“No man of you may become a faqih until they understand the allusions of our talk.⁽⁴⁾

And: “Whoever was of the faqihs, safeguarding himself,preserving his religion, contradictiong his desires, obeying his mawla's orders, the common people may follow his instructions.'' ⁽⁵⁾

These were the meanings of fiqh and faqih according to the Book and the sunnah. Then, according to Ahlul Bayt School, they were regarded to know the orders and are versed in the precepts of the shariah derived from their detailed proofs.

Jamaluddin al-Hasan ibn zayuddin (d. 1011H.) in his book, Ma“sālimuddin, known by the name Ma“alimul Ușul, said: “Fiqh, in the lexicon, means understanding, in terminology it means to have knowledge of the secondary religious precepts through their detailed proofs."⁽⁶⁾By terminology it means that of the scholars of Ahlul Bayt School.

5. IJTIHAÎD

First: The ijtihād, in the Linguistics

First: The ijtihad, in the Lingustics

Ibn al-Athir says: “Ijtihād is to endeavaur hard in doing something.⁽¹⁾

The word was used in this sense during the days of the Messenger(S.A.) adn his companions until the end of 6he first century. The Messenger of Allah said:

“As to the sujūd, do ijtihad in (your) invocation, as it will most probably be accepted.⁽²⁾

“Send blessing upon me and do ijtihad in (your) nivocation.⁽³⁾

“The learned is superior to the mujtahid by a hundred degrees."⁽⁴⁾ie. the one who endeavours hard in worshipping.

Muhammad al-Qurazi said: “There was among the children of Israel a faqih, scholar, worshipper and mujtahid.”⁽⁵⁾

‘A’ishah said: “The Messenger of Allah used to exert more ijtihād in the last ten (nights of the month) than in any other time"⁽⁶⁾, ie. ijtihad in worship.

Talhah, talking about two men, in the days of the Messenger of Allah, said: “One of them exerted more ijtihād than the other.

The more mujtahid of the two participated in a holy war and was

martyred."⁽⁷⁾

Abu Sa'id said: “The Messenger of Allah(S.A.) used, swearing and exerted

ijtihad in swearing, to..."⁽¹⁾

21 Abdullah ibn 'Ubay, talking about ghazwah of Banu al-Mostalaq, saiddáhilje exerted ijtihād in swearing that he did not say so.⁽²⁾

Asking the Messenger of Allah(S.A.) about the son of Hārithah, the Componion ‘Umm Harithah said: “If he is in Paradise I will be patient, but if it is other than that I will exert ijtihad in weeping over him."⁽³⁾

From the abovemetioned examples, and so many similar ones, it can be realized that on hearing the word ijtihad (and its derivatives) in the first century. One would think of endeavouring hard and exerting effort to do something. Then its sense gradually developed and obtained the special meaning denoting endeavouring hard to deduce religious precepts through detailed argumentation.

Second: Ijtihād in Islamic Terminology

Al-Ghazzali, defining the term, says: “Ijtihād is to exert effort and to do one's best to perform an act. It is notused except to indicate, taking the trouble and straining.

The word, according to the scholar's tradition, became an indication of endeavouring hard and doing one's best in acquiring Knowledge of the prcepts of the Shari'ah..."⁽⁴⁾

Ad-Dahlawi said: “In reality of ijtihad is exerting one's effort to deduct the religios precepts from their detailed argument whose four general principles are: the Book, the Sunnah, consensus and Analgoy."⁽⁵⁾

Muhammad Amin, in Taysirut Tahrir, defines the proofs of the precepts,

too.⁽¹⁾

learned disciple, Muhammad ibn Muhammad ibn Amir al-Haj al-Halabi al-Hanafi (d. 879H.). His explainatory book was further explained by the researcher, Muhammad Amin, Known as Amir

Pādishah al-Bukhari, who resided in mecca. He named his book Taysirut-Tahrir (quoted by us) printed in Egypt by Mustafa al-Babi, in 1351H. (Vol. 1/171). Look up their biographies in Kashfuzunun, 1/358.

sloohcsdbesøtvedrefotberistatlements of the followers of the Khulafā School. This term was also used by thescholars of Ahlul Bayt School after the fitth century, as is stated in Mahadi,ul Ușul, by al-Alāmah al-Hilli (d. 726H.) Ch. 12.

Discussion on, concerning ijtihad, summarized bellow:

“Ijtihād is exhausting one's full ability in looking in the hypothetical religious questions without any excause.

It is not applicable to the Prophet(S.A.) because: :Nor does he speak not of desire' (sūratun Najm: 4), and because ijtihād indicates supposition, whereas he is able to receive it by revelation, and because he used, in respect of many precepts, to waite for (The relevant) revelation. Had he been allowed to practise ijtihad, he could have apply it, and had he been allowed to pracise it, Gabriel(A.S.) would have also been allowed to do so. Otherwise, it could not be docisively stressed that the shari'ah which was brought by Muhammad(S.A.)had been from Allah, the exalted, and because ijtihād can be wrong and can be right, thus, he cannot be accepted as such, since it would cause his atterance to be distrusted.

Our Imāms(A.S.) are also not allowed to practise ijtihād, because they are infallible, and they had received the precepts through the teachings of the Messenger of Allah(S.A.). But the scholars are allowed to practise ijtihad by inducing the precepts from the generalities inthe Qur'an and the sunnah, giving priority to the contradictory proofs, but never to form a precept based on analogy or approbation.⁽²⁾

It is noted that although Ahlul Bayt School applied the terms ijtihad and mujtahid, yet it did not give up using the terms fiqh and faqih. Actually, it joined them together, as did Jamāluddin, the auther of Al-maalim. At the beginning of his book he says: “Fiqh,linguisticly, is: to understand.

In terminology it is: Knowing the derivative religious

precepts through their detailed arguments.”

In another Chapter of his book he defines ijtihad by saying:

“Ijtihad, linguisticly, is to bear strain... Terminologically, it is: the fagih's exertion of his ability to obtain an assumption of a religious precept..."⁽¹⁾

Besides what has been said, the two Schools differ in respect of some religious proofs, as shall be explained later, inshallah.

Having studies the abovementioned five terms, we are giong to study the opinion of each School concerning them.

CHAPTER ONE

The Attitudes of the Two Schools Towards the Qur'aÎn

The Interest of the Messenger(S.A.) and the

Companions in Collecting the Qur'aÎn and writing it Down

The affected fuss about Fastimah's mushaf

The Interest of the Messenger(S.A.) and the Companions in Collecting the Qur'aÎn and writing it Down

Whenever an ayah of the Glorious Qur'ān wad revealed to the Messenger of Allah(S.A.), he used to recite it to the people and to explain for them whenever they needed it to be explained. He particularly used to dictate it to the Imām 'Ali it down, the details of which will be related in the discussions of this book, inshāʻallah, the Exalted.

When he migrated to al-Madinah, he urged the Muslims to learn writing. They hastened to do so. He also incited them to write down the Qur'ān and to learn it by heart.

They vied for it, They used to write the ayas on whatever they could, such as hides and the like. The Messenger of Allah(S.A.) used to teach them the names of the sūrahs and the places of the ayas in side the sūrahs, as Allah had told him. On his demise there werre tens of his Companions who had learned the whole Qur'ān by heart, and many of them had written it down, though it was not like what we have now. It was pieces on which they wrote it. When the Messenger of Allah died, the Imām ‘Ali(A.S.) hastened to write the Qur'ān in a single book.

Other Companions, too, like Ibn Mas'ūd, had copies of the written Qur'ān. But the Caliph Abu Bakr did not get those copies. He ordered a number of the Companions to write the Qur'ān in a book, then he deposited it with Ummul Mu'minin Hafsah until it was the time of the Caliph ‘Uthmān, when the Islamic lands expanded through conquests, and the Muslims spread in them. Consequently, the Caliph ordered several copies to be prepared from that copy kept with Hafsah and sent them it different Islamic countries. It was then copied by the Muslims and thus it was circulated among the Muslims generation after generation till our this day. No one, in any time, had a copy of the Qur'an other than that, and there had never been with any Muslim a copy with even a single word more or less than the copy which is in circulation nowadays among the Muslims of all sects: Sunnis, Shiite, Ashʻaries, Mu'tazilis, Hanafis, Shafi'is, Hanblies, Mālikis, Zaydis, Imāmis, Whahhābis and KharijitesÊ No individual from among them had, in any time, a different

copy, even with an increase or a decrease of a single word, or any other arrangement of the sūrahs or the ayahs ndifföreingnftriomd whāu’risQ rehti geritation among the Muslims.

As to some books of hadīths which refer to an alleged decrease in the Qur'ān, which remained intact in the books of hadīths, never being transferred to any copy of the Qur'ān, such as what is stated in the six Şahihs: al-Bukhāri, Muslim, Abu Dawid, At-Tirmidhi, Ibn Mājah, Ad-Dārmi and others.

The Caliph ‘Umar is quoted to have said, when on the minbar: “Allah sent Muhammad(S.A.) with the truth, and revealed the Book to him Among what was revealed to him was AyaturRajm [The ayah concernong stoning whoever comits adultery]. We did recite this ayah, understood it and memorized ti. The Messenger of Allah(S.A.) did apply stoning, and we followed his example after himĒ I am afraid that after the Capse of time somebody would say: ‘By Allah, we do not find Ayatyr-Rajm in Allah's Book,' and Thus they would go astray by neglecting an obligation revealed by Allah. The stoning is to be inflicted on any married man and woman, if they committed adultery."⁽¹⁾

b. Muslim, 5/116.

c. Sunan Abu Dawud, 2/229, Ch. on “stoning”, book: “al-Hudud”.

d. At-Tirmidhi, 6/204, Ch. on “About implementing stoning”, book: “al-Hudud”.

e. Ibn Majah, Ch. on “stoning”, billk: "al-Hudūd”, hadith No. 2553.

f. Ad-Darimi, 2/179, Ch. on "Punishing the married adulteres”, book: “A-Hudud”.

g. Al-Muwatta’, 3/42, book: “A-Hudud”.

The alleged ayah in Ibn Mājah’s narrative, quoting 'Umar was: “If the old man and old woman commited adultery, stone them certainly.” In Māli's al-Muwatta' it reads: “The old man and the old woman, stone them certainly”, which we had read them.

The same narrative in Şahih al-Bukhāri states: “We used to recite in the Book of Allah: “You should not detest your fathers, as it is disbelief of you to detest your fathers."

A narrative is quoted from ‘Ummul Mu'minin ‘A’ishah (May Allah be pleased with her) saying: “In the revealed Qur'ān it was: 'ten complet breast-feadings ...' and it was there when the Messenger(S.A.) died.”⁽²⁾

c. An-Nassā’i, 2/82, Ch. on “The number of the breast-feeding which causes prohibtion”, book of "Marriage”.

d. Ibn Majah, 1/157, Ch. on “How many breast-feedings cause prohibition?” Book "Marriage”. of

e. Ad-Darimi, 1/157, Ch. on “How many breast-feedings cuase prohibition?” Book of Marriage”.

f. Malik's Muwatta', 2/118, Ch. on “What is stated about breast-feeding”, book “Breast-feeding”of

Ibn Mājah, in his Şahih says: “She said: “Ayatur-Rajm and the ten bloodust-feedehg fhosethtae grown-up. It was in a page under my bed. When the Messenger of Allah(S.A.) died we became busy with his deathe, and an animal ate it."

Sahih Muslim states that Abu Mūsa al-Ash'ari wrote to the reciters of the Qur'ān in al-Basrah_who were three hundred persons_telling them among other things: “We used to read a sūrah which, because of its length, reminded us of sūrat Barā’ah, but I forgot it and only remenber of it: 'If the son of Adam had two valeys of wealth he would want a third one. Nothing fills the inside of the son of Adam except dust'. And we used to read a sūrah which was like one of the musabbịhāt[the sūrahs begining with subhans], but I forgot it, except: 'O you believers! Why do you say what you do not do, then a testimony will be recorded upon you, and you will have to answer for it on the Day of resurrection. I⁽¹⁾

Despite such hadīths in the Sahihs of the Khulfā School, no one of the followers of Ahlul Bayt School acused the followers of the Khulafa School of saying that they admit the decrease of the Qur'ān, or that they add to the Qur'ān sūrahs a sentences of their own.

But, on the other hand, when similar allegations were found in the books of hadīth of the followers of Ahlul Bayt School, certain writers of the Khulafā' School stirred a great fuss against the followers of Ahlul Bayt School, saying that they admit that the Qur'ān was decreased, and that they added expressions and sentences of their own, proving that by referring to what had been stated in some books of hadīth.

At any rate, the follwers of Ahlul Bayt School do not bind themselves to any

book except the Book of Allah, while the followers of the Khulafā' Schol commit themselves to accept whatever nisodDategnitiruSalihs nafruQ Bhulk hätiedna Muslimto be correct. They deal those hadīths by saying that their recitation had been abrogated.⁽¹⁾

An Affected Fuss About Fatimah's Mushaf

Some writers affected another fuss against the followers of Ahlul Bayt School, alleging that they have another Qur'ān called Mushaf Fatimah(A.S.). This was because Fatimah's book was called Mushaf and the Qur'ān was also named Mushaf by some Muslims, despite the fact that the hadīths stated that Fatimah's Mushaf indued nothing on the Qur'ān. It included news about who were to rule the Islamic ummah, such that the Imām Ja'far as-Sadiq(A.S.), on hearing about the revolt of Muhammad and Ibrahim, the offspring of the Imām Hasan, against Abu Jaffar al-Munsur, said: “Their names are not, in the book of fatimah, among those who rule this ummah.”⁽²⁾

The Khulafa School named Sibawayh’s book of grammer “The Book”. Furthermore, the term Mushaf is not found in the Qur'ān nor in any noble, Prophetic hadīth.

But the Qur'ān was called the Book in the Qur'ān: "This is the Book, there is no doubt in it, it is a guide to the muttagin.” (sūratul Baqarah: 2)

"Do you, then, believe in a part of the Book and disblieve in the other?” (sūratul Baqarah: 85)

"And when there came to them a Book from Allah verifying that which they already had.” (sūratul Baqarah: 89)

"... and teach them the Book and wisdom.” (sūratul Baqarah: 129) "... and teaches you the Book and wisdom and teaches you what you did not know.” (sūratul Baqarah: 151)

This is besides tens of other ayahs. Yet, if somebody said that sibawayh's Book was double the size of Allah’s Book, no one would think that he meant to say that sibaway's Book was a Qur'ān larger than the Allah’s Book, and nobody of the followers of Ahlul Bayt School objected that naming.

Finally, such statements are benefited by the opponents of Islam, utilizing

them as a means of defaming the Qur'ān. May Allah give insight to some writers so that they may stop talking irratinoally!

The Qur’āch which is in the hands of the Muslims today is the one which Allah had completed its revelation to the Seal of His Prophets lates in his life, and which his Companions gathered it after his demise, wrote it down, copied it and distributed it among the Muslims. It begins with: “Bismillahir-Rah mānir-Rahim.” [In the Name of Allah. the Beneficent, the Merciful], and ends with: “minaljinnati wal-Nās”, (From amongthe jnn and men).

Ever since then till this day of ours no Muslim had a Qur'ān with a single word mor or less than the one now in our hands. No one argues about that. The argument is about its tafsir and about the interpretation of its alligorical ayahs, as that depends ont the hadīths.

The Muslims had arguments about the hadīths of the Messenger of Allah(S.A.), to which we shall refer when discussing the attitude of the two Schools of the sunnah.

CHAPTER TWO

The Attitudes of the Two Schools Towards the Sunnah

1. The Attitudes of the Two Schools Towards the Narrators

Quoting the Messenger of Allah(S.A.).

2. The Attitudes of the Two Schools Towards Circulating the hadiths of the Messenger of Allah(S.A.) in the First CenturyH.

3. Banning the registration of the Sunnah of the Messenger

of Allah(S.A.). till the End of the First Century H.

a. During the Times of the Two Caliphs, Abu Bakr and "Umar.

b. During the Times of 'Uthmān.

c. During the Times of Mu'awiyah.

d. Letting in the Israelite Tributaries.

e. During the Times of 'Umar ibn 'Abdul Aziz.

f. How the Two Contradictory hadiths Appeared.

The two Schools agree in respect of:

Believing in the nececcity of applying the sunnah of the Messenger of Allah(S.A.) as one of the sources of the Islamic Shariah.

Since the sunnah of Messenger(S.A.), Comprised of conduct, hadīth and consent, reached us through narratives quoting the Messenger(S.A.), the two Schools differ in respect of:

a. Some links of transmission of the narration from the Messenger(S.A.).

b. Allowing the writin down of the hadīths of the Messenger of Allah(S.A.) in the first century of the Hijrah.

We shall study each topic separately inshāʻallah.

1The Attitudes of the Two Schools Towards the Narrators Quoting from the Messenger of Allah(S.A.)

With the consideration of what had already been said in the chapter on “The Companions and Imāmate”, the followers of Ahlul Bayt School took the features of their religion from the twelve Imāms of Ahlul Bayt, after the demise of the Messenger of Allah(S.A.), vis-ā-vis the followers of the Khulafā School who took the features of their religion from any one of the Companions of the Messenger of Allah(S.A.), without admitting any difference among them. They take them all to be equitable, whereas the followers of Ahlul Bayt do not refer to Companions like: Talhah⁽¹⁾

was one of the most active people against 'Uthman. He hastened, others, to give his Bayʻah to ‘Ali ibn Abi Talib, then he set off to al-Basrah, demanding vengance for 'Uthmān from ‘Ali ibn

Abi Talib. Marwan saw him on al-Jamal Day and throw on arrow at him, and he died by it in the year 36H. The authors of Sahih quoted 38 hadīths from him. Look up Ahadith Ummul Mu'minin

"Aishah, 1/109-196, and Jawāmius-sirah, p. 281.

fought against 'Ali in al-Jamal war, nor to Mu‘āwiyah ⁽¹⁾and 'Amr ibn al-As⁽²⁾, who fought him is Siffin war,..vogtathubh kuramayginahitit ⁽³⁾and

‘Abdullah ibn Wahab⁽¹⁾, who fought him in the Nahrawān Day.

They also do not refer to the enemies of ‘Ali, whether Companions, Tabiin or the followers of the Tahirin, from among all classes of the narrators.⁽²⁾

Yet, we find, for example, Imām of the narrators, al-Bukhāri, never relate in his Sahih a narrative from Ja'far ibn Muhammad, aș-Sadiq⁽³⁾, the sixth of the Imāms of Ahlul Bayt, who was quoted by thousands of narrators of the followers of Ahlul Bayt School for thousands of hadīths , while al-Bukhāri, Abu Dāwūd and an-Nassā’i narrate in their Sahihs quoting ‘Imrān ibn Hattan⁽⁴⁾, the Kharijites, who, in a poem, praising Abdur-Rahmān ibn Muljam, who killed the Imām ‘Ali, says:

O the strike by a piouse who wanted

But to please the owner of the 'Arsh

I remember him one day and think him

To be of the weightiest of the people with Allah.

Or an-Nassā’i who relates in his Sahih, quoting 'Umar ibn Sa'd⁽⁵⁾, the killer of al-Husayn. The biographers refer to him as being: “Truthful. but he was detested by the people because he was the beader of the army which killed al-ibn `Ali,” while both are cursed by the followers of Ahlul Bayt.

Hence the difference in thought between the two Schools.

We have known the sources of bothe School's quotations.

2The Attitudes of the Two Schools Towards the Circulating the Hdiths of the Messenger of Allah(S.A.) in the First Century H.

Besides what had been said before, the features of the two Schools had been further distinguished by the ativities of the men of religion in respect of the spreading the hadīths.

At the time when the Caliphs prohibited the writing down, the other school was active in spreading them, defying the efforts of the Khlafa(A.S.) school concerning stopping their circulation.

The Campaign started openly eversince the late hours of the Messenger's life, when he said: “Bring me paper to write you a letter after which you will never go astray.” They said: “The Messenger of Allah(S.A.) is raving.⁽¹⁾

At-Tabari's Tarikh, 3/193.

According to some texts, they said: “What is the matter with him? Is He raving ?” The narrator says: “It means: he was delirious! They asked him and continued asking. He said: "leave me alone.... as the hadîth goes.

In the texts of Şahih Muslim, 5/76 and at-Țbari’s Tārikh, 3/193, and Ibn sud's Tabaqāt, 2/243, it is sadi: “But the Messenger is raving."

Al-Bukhāri, in another hadith, quoting ibn Abbas, named the one who said so. He narrated: “When the Messenger of Allah(S.A.) was dying, there were men in the room, among them was ‘Umar ibn al-Khattāb. He said (the Messenger): "Come let me write you a letter after which you will not go

astray.'Umar said: “The Messenger(S.A.) has been overcome by pain, you have sloolbooktafhAflakerande lit safices us.' There was commotion and dispute in the room, and some supported ‘Umar. When the noise got louder, he (The Messenger)said: 'Leave me aloneÊ Quarrels should not take place in my presence."⁽¹⁾

‘Umar himself, relating that event, says: “We were with the Prophet, with a curtain separating us from the women.

The Messenger of Allah(S.A.) said: “Wash me with seven skins and bring paper and ink to write you a letter after which you will not go astray.' The women ⁽²⁾said: 'Bring what he wanted.’ ‘Umar says: “I said: 'Be silent! you are his companions, whenever he gets sick you weep out your eyes for him, and whenever he is sound you cling to his neck.' The Messenger(S.A.): ‘They are better than you.⁽³⁾

In another narrative, Zaynab, the Messenger's wife, said: “Do you not hear the Prophet(S.A.) ordering you?” There were noises. He said: “Leave me!' No sooner they left than the Prophet died in his place.'⁽⁴⁾

It appears from some hadīths that they were active inpreventing the writing of the hadīth of the Messenger(S.A.) before that, during his healthiness.Abdullah ibn 'Amr ibn al-As said: “I used to write down everything I hea from the Messenger(S.A.), but Quraysh prohibited me, saying: 'You write every thing you hear from the Messenger of Allah(S.A.), while the Messenger of Allah is a human being, talks in anger and in content.' So, I stopped writing, Then I told the Messenger(S.A.) about that. He pointed to his mouth and said: *Write, by the one in whose hand is my soul, nothing comes out except the truth."⁽⁵⁾

‘Abdullah ibn 'Amr ibn al-As, a Qarashi Sahmi. His mother: Rabth bint Manbah as-Sahmi.He was younger than his father by 10 or 11 years. It is disputed whether he died in Egypt, at-Ta'if or Mecca, in the year 63 or 65H. Look up his biography in Usdul Ghābah, 3/23, An-Nubalā', 3/56 and Tahdhibut-Tahdib, 5/337.

In their discourse with ‘Abdullah they unveiled their reason for preventing him from recording the hadīths of the Messenger(S.A.). It was their fear from quoting from him a hadīth in favour of people about whom he spoke in his content, and against the people against whom he spoke in discontent.

Hence we realize what caused them to prevent writing of the Messenger's wassiyyah at his last hours, and why they started noisy talks at his presence until he died without writing his wasiyyah, and also what caused them prevent the writing down of the hadīths of the Messenger of Allah(S.A.) even after teir coming to power and their remaining no obstacle for doing so.

3Prohibiting the Writing of the Messenger's Snuuah Till the End of the First Century

In the Days of the Caliphs Abu Bakr and ‘Umar

In his Tabaqāt, Ibn Sa'd says: “The hadīths became plenty in the days of “Umar ibn al-Khattāb. So he asked the people to bring them to him, and when they did, heburned them."⁽¹⁾

The Khulafa(A.S.) School prevented the hadīths of the Messenger of Allah(S.A.) from being written down up to the year 100 after the Hijrah. Not satisfied with that even, they further prohibited the narration of his hadīths.

Adh-Dhahabi narratees that Abu Bakr, after the death of their Prophet gathered the people and told them: “You relate from the Messenger of Allah(S.A.) hadīths in which you differ, and the people after you will differ evermore, So do not relate anything from the Messenger of Allah. Whoever asks you, say: 'The Book of Allah is among us, take halal what is halal in it, and take haram what is harām in it."⁽²⁾

Qurzah ibn Kaʻb was quoted to have said: “When ‘Umar dispatched us to Iraq, he came with us up to Şirār and then he said: 'Do you know why I escarted you?' We said: 'You wanted to see us off by way of honouring us'. “Something else was with that,' he said. “You come to a village where the people are busy reciting the Qur'ān with a noise like bees humming. So, do not silence them with your narrations of the Messenger's hadīths, and I will be your partner,' he added."

Qurzah said: “Eversince I related no hadīth ofthe Messenger of Allah(S.A.).

In another narration is said that when Qurzah came they asked him: “Tell us some hadīths.” He said: “Umar had forbade us."⁽³⁾

Qurzah ibn kaʻb al-Ansari al-Khazraji, asin stated in Usdul Dhabah. He was one of the ten persons sent by 'Umar together with ‘Ammar Ibn Yasir to al-Kufah. He attended 'Uhud Battle and after, as well as the conquer of ar-Ray in 23H. ‘Ali appointed him as governor of al-Kūfah when he set off to al-Jamal Battle. He died in aĪ-Kufah during ‘Ali's caliphate. “Usdul Ghabah, 4/203.

Among the Companions there were others who, like Qurzah ibn ka'b, adllowed up the tradition of the Khulafā.. amachrnefretin dal gfricinW splitegdinghbhe Messenger's Sunnah, such as Abdullah ibn 'Umar and Sa'd ibn Abi Waqqās. In this conection, ad-Darimi, in his Sunan, Ch. on “Those Who Feared Judging”, book of“Knowledge”, 1/84-5, quoting ash-Sha'bi who said: “I accompanied ibn 'Umar for a year, but I never heard him quoting any hadīth from the Messenger of Allah(S.A.).”

In another narration, he said: “I stayed with ibn 'Umar for two years, or for a year and a half, without hearing him narrating any hadīth from the Messenger of Allah(S.A.) except this one.”

As-Sā’ib ibn Yazid is quoted to have said: “I travelled with Sa'd (ibn Abi Waqqās) to Mecca, and I did not hear him narrating any hadīth from the Messenger of Allah(S.A.) until we retured to al-Madinah.”

But there were, among the Companions, who did against the tradition of the Kholafā and narrated the sunnah of the Messenger(S.A.) despite being subjected to great difficulties. Some specimes are given below:

In Kanzul'Ummāl:

Abdur-Rahman ibn 'Awf is quoted to have said:

“Before dying, “Umar ibn al-Khattāb sent for the Companions of The Messenger of Allah and gathered them from all lands, such as Abdullah ibn Hudhayfah, Abud-Dardā', Abu Dharr and ‘Uqbah ibn 'Amir. He told them: 'What are those hadīths which you corculate from the Messenger in the land?

‘Are you prohibiting us,' they asked.

'No,' he said, “but you stay with me, By Allah, you will not part from me as long as I live. We know better. We take from you and retort.' They never parted from him until he died."⁽¹⁾

He died in al-Madinah in 31 or 32H. The authors of the Sahihs quoted from him 65 hadîths.Look up the Ch. on “Ash-Shura" in Abdullah ibn Saba', Vol. 1, and in Jawami'us-Sirah, p.279.‘Abdullah ibn Hudhayfah is not biographed. Probably he is ‘Abdullah ibn Hudhafahal-Qarashi as-Sahmi, one of the old Muhajirs. He died in Egypt during ‘Uthman's caliphate:

Taqribut-Tadhib, 1/49.

Abud-Darda', 'Uwaymir or ‘Amir ibn Mālik al-Ansari al-Khazraji. His mother: Muhibbah bint Waqid ibn al-A6nābah. He was late in adopting Islam. He attended al-Khandaq Ballte and after.

The Messenger(S.A.) announced him brother of Salman. 'Uthman appointed as a judge in Damascus, where he died in 32 or 33H.

The authors of Şahihs quoted 179 hadîths from him. Usdul Ghābah, 5/159-160, 187, 188, and Jawami'us-Sirah, p. 277.

'Uqbah ibn 'Amir: Two men bear this name: one is a Juhami, from whom the authors of the Şahihs quoted 55 hadiths, and the other is an-Ansari Salami, Usdul Ghabah, 4/417 and Jawami’us-Sirah, p. 179.

Adh-Dhahabi narrates that 'Umar imprisoned three men: Ibn Mas'ū, Abunds Dardalt andeAbae Mas“ūd al-Ansāri, saying to them: “You are narrating too many hadīths from the Messenger of Allah(S.A.)"⁽¹⁾

Abu Mas'ud al-Ansari: 'Uqbah ibn 'Amr al-Badri. The date of his death is uncertain. UsdulGhābah, 5/296.

He used to tell the Companions: "Be scanty in narrating from the Messenger of Allah, except in practical acts."⁽¹⁾hannus eht fo gnitir eht gnitibihorP

This narrative is in conformity with that narrated by “Abdullah ibn 'Amr ibn al-As in the consept, as he said that Quraysh had prevented him from writing down whatever he heard from the Messenger of Allah(S.A.).

In the Days of 'Uthman

We have so far related what took place in the days of the Caliphs Abu Bakr and ‘Umar. As to 'Uthmān, he endorsed their acts, as he said, on the minber: “No one is allowed to narrate any hadith not heard during the days of Abu Bakr nor during the days of Umar.⁽²⁾

It seems like what had been narrated by ad-Dārimi and others that: “Abu Dharr was sitting near al-Jamratul Wustā, where people had gathered round him, asking him religious questions. A man came and stand next to him, then said to him: ‘Were not you prevented from giving fatwa?' He raised his head to him and said: “Are you watching me? If you put the saber on this pointing to his neck_and I felt that I can utter a word I heard from the Messenger of Allah(S.A.) before you finish me off, Iwould utter it.⁽³⁾

ad-Darimi, 1/132. Ibn Sa'd's Tabaqāt, 2/354 in the biography of Abu Darr. Al-Bukhāri abridged it and related it in his Sahih, 1/161, Ch. on “Knowing before saying”.

During the same days, too, al-Ahnaf ibn Qays relates: “I (once) to ash-Shām and performed the Friday salāt (in the mosque). There I saw a man who would make a group run away if he neared them. He was performing the şalāt and making it light. I came and sat near him and said to him: 'O servant of Allah, who are you?' He said: “I am Abu Dharr, and who are you?' I told him: 'I am al-Ahnaf ibn Qays.' 'Go away,' He said, “or I will infect you with evil.' 'How is it that you will infect me with evil?' I asked him. “This, (Meaning Mu‘āwiyah) has sent his crier to cry that no body was to sit near me,' he said.':⁽⁴⁾

Abu Bahr al-Ahnaf ibn Qays as-Sa'di. He was called: al-Ahnaf because of a crook in his leg.He lived in the time of the Messenger(S.A.) but did not see him. He did not participate in al-Jamal Battle, he fought beside the Imām ‘Ali in the siffin Battle. He died in al-Kūfah in 67H.He was quoted by all the authors of the Sahihs. Hisbiography is in Usdul Ghabah and in Taqribut-Tahdhib.

to exile from region to region until he died, hounted and lonely, in his exile in alderabadhæhț if BerhtaeF

This was during the first half of 'Uthmān’s reign. In the second half of his reign, when his caliphate bacame shaky, and when there were uprisings against him by Ummaul Mu'minin ‘Ā‘ishah, Talhah and az-Zubayr, ‘Amr ibn al--As and other Companions and tabi-în, there remained no barier before the Companions and others who wanted to narrate the hadīths of the Messenger of Allah(S.A.). So, in this period some of them had been published, but they were not written down during the days of the Imām ‘Ali(A.S.), though a lot of the sunnah of the Messenger of Allah(S.A.) were related by the Companions who were previosly prohibited from doing so. The differences in what they related of the Messenger's sunnah were quite obvious, including the personal Judgements of the first three Caliphs, which had already been stated at the end of Chapter four of this book.

Such was the prohibition imposed by the three Caliphs upon the Companions to stop narrating the hadīths of the Messenger of Allah(S.A.), although they did not openly disclose their reason, as did Mu‘āwiyah during his reign.

In the Days of Mu'awiyah

At-Tabari relates that when Mu‘āwiyah appointed al-Mughirah ibn Shu'bah as governor of al-Kūfah in the year of 41H., he said to him: “I wanted to advice you about some matters which I leave to your own Judgement, but I may not neglect reminding you of one thing: do not neglect cursing and defaming ‘Ali, and sending blessing on Uthmān, asking forgiveness for him, finding faults with 'Ali's companions and repelling them, while praising 'Uthmān's followers and nearing them,” al-Mughirah said: “I have tried and was tried, Before you I worked for another, who did not dispraise me. You will examine and then you will praise or dispraise.” Mu‘āwiyah said: “We shall praise, inshāʻallah.”⁽¹⁾

He adopted Islam in the year of al-Khandaq Battle, The cause of his adopting Islam was as statedby al-Waqidi in his al-Maghuzi, 2/595-8:“He, with 14 of his companions, went to al-Muqawqas,

who preferred them to him. On their return, in a place between Khaybar and al-Madinah they drank wine. He did not drink much, so the other thirteen fell drunk. He Jumped upon them and killed them one and all, except the 14th who ran away. He took their belongings and money and joined the Messenger, pretending Islam, but the Prophet(S.A.) said: “I will not accept his Khums,as this was a treason.” So, 'Urwah ibn Mas'ūd, his uncle, paid for him the blood-money for 13.

During his rule of al-Basrah, people testified against him as committing adultery, but the Caliph 'Umar could press on one of the witnesses to change his testimony, and thus he was spared the relevant punishment. The details are stated in ‘Abdullah ibn Saba', Vol. 1, in theChapter concerning al-Mughirah’s adultery. He died while a governor of al-Kūfa, in the year 50H.The authors of the Sahihs quoted 136 hdiths from him. His biography is in Usdul Ghabah,Jawami'us-Sirah, p. 278.

Al-Madāʻini,in his book al-Ahadth, narrates: “Mu‘āwiyah wrote to his agents, Aften the year of al-Jamāʻah,saying:“The.. domsaienebt fis gimitiobenht gfitibihone who relates narratives about the merits of Abu Turāb and his Ahlul Bayt.' The people of al-kūfah were, then, the most activists."⁽¹⁾

The year of al-Jama'ah will be explained later.

On this path were killed Hjar ibn Adiy and his companions, in addition to Rashid al-Hajari and Mitham at-Tammār.<a href="#ref-footnote2-page45" id="footnote2-page45" style="display:inline-block"><sup>(2)</sup></a><p class="footnote"><a href="#footnote2-page45" style="color:#3b82f6;" id="ref-footnote2-page45"> 2) </a>Hajar ibn Adiy ibn Mūʻawiyah al-Kindi, Known by the epithet: Hajarul Khayr. [Stone of goodness]. He called upont the Prophet. He attended al-Qadisiyyah Battle, and with the Imam‘Ali he attended the Battles of al-Jamal and Siffin. In the Nahrawan Battle he led the left wing of Kindah troops. When he bojected against Ziyad ibn Abih for his cursing the Imam 'Ali, and threwstones at him for delaying the Slat, once, he and his companions were sent to ash-Sham at the order of Mu'awiyah, who issued his order to kill whoever did not denounce ‘Ali(A.S.). So, Hajar was killed in “Maraj ‘Adhra” in the year 51H. Look up the details of his story in Abdullah ibn Sabā', Vol. 2, Ch. “Ibn Sabā' and the Saba’is”.

Rashid al-Hajari was from the town of hajar in Yemen. It is said that he was Rashid al-Farisi,the servant of Banu Mu'awiyah of the Ansar. His biography is in al-Istiʻab, Usdul Ghabah andunder the entry of: al-Hajari in al-Lubab, counting him among the Kufahs. he believed in the return to this world after death, and talked about that in al-Kufah, cosequently Ziyad cut his tongue and hanged him. His biography is in al-Kishshi’s Rijāl, p. 78.

Mitham ibn Yah-Tammar, was a slave of a woman of Banu Asad. He was bought by the Imam ‘Ali(A.S.) and gave him his freedom. When ibn Ziya summoned him, he said: “Ask me before I am killed.” So, the people started asking him questions and he answered. Hearing about this, Ziyad sent somebody to put a bit in his mouth, and thus he was the first to be bridled in the history of Islam. His episode is in al-Kishshi's Rijāl, pp. 81-4.

In this way th Khulafā School suffocated the breaths of the Companions sindhthowtābhitītio aerdtavlmihilated everyone opposed their policy. On the other hand they opened the doors for others to relate to the Muslims whatever narratives they liked, as follows:

Opening the Israelite Tributaries

When the Khulafā School closed against the Muslims the door of narrating the hadīths of the Messenger of Allah(S.A.) as has already been referred to, it let the door of the hadīths⁽¹⁾; wide open to people like Tamím ad-Dāri⁽²⁾

recognized with Tamim. They once again complained them to the Prophet(S.A.). At that timethere was revealed the ayah:“The two heirs swore that that bowl belonged to them, and they took it and other items back from Tamim, who, later on, confessed his treason. The Prophet said

to him: “Woe on you, Tamim! accept Islam and Allah will forgive you.” So, he adopted Islam.He, then, lived in al-Madinah till the days of 'Umar, who used to exact him and say that he was the best of the people of al-Madina, and he gave him an allowance similar to that used to be given to those who fought with the Prophet(S.A.) in the Badr Battle. When he ordered the observation of the month of Ramaddan, he asked him, together 'Ubay, to lead the people in the Salāt. After 'Uthman's death, he moved to ash-Shām and lived under Mu'awiyah's patronage until he died in the year 40H. Tamim's story and his biography are extracted from of Hdith History,where you can find other details and refereces.

Christian monk, and Ka'bul Aħbār⁽¹⁾

And if he is the Jews' Ka'bul Ahbar as it shown, he will who somehow effects on the Islamicthought. He isn't ‘Abdullah ibn Saba' who effects on the Companions and the Tabi'in as they lead

him. Look up our book ‘Abdullah ibn Saba'

They tried to associats with the caliphs after the Messenger(S.A.).

The Khulapha School offered to them and to their like opportunities to spread the Israelite hadīths among the Muslims as they liked. The Caliph 'Umar allotted to the first of them an hour of time before the Friday Salāt every week, during which he could deliver speeches, in the Messenger's Mosque.

When 'Uthmān took over, he doubled the time and in two days aweek.

As regards the Jews' Ka'bul Ahbār, the Caliphs ‘Umar, 'Uthmān"⁽¹⁾

the Prophet's daughter, and migrated with to al-Habashah, then to al-Madinah. After her death he married her sister, 'Ummuu Kulthum, who died as a result of torturing her. He had no

children from her. 'Abdur-Rahman ibn 'Awf gave him his bay ́ah when ‘Ali refused the condition of acting according to conducts of the Shaykhayn [Abu Bakr and 'Umar], in 1st of Muharrunm,

24H. During his reign his agents of Banu ‘Ummayyah maltreated the Muslims, who revoltedagainst him under the leadership of Quraysh, in Dhul Hijjah, 36H. His body was banned from being buried in the Baqi' cemetry, so he was buried in Hsh Kawkab. The authers of the Sahihs quoted from him 146 hadîths. Jawāmius-Sirah, p. 277. Ahadith Ummul mi’minin ‘A’ishah. Ch. on "In the Days of the two sons-in-law."

Companions like Aras ibn Mālik, Abu Hurayrah⁽²⁾

Mughirah by the late Egyptian scholar Shaykh Mahmūd Abu Riyyah.

Introducing the Israelites was not confined only to the said two scholars of the people of the Book and their disciples.

Actually, there were many others along with them and after them, and it continued till the Abbassides Caliphate, with the exception of the period of the Caliphate of the Imām ‘Ali, who dismissed them from the mosques of the Muslims. They were called: “The story-Tellers”. Their effect on the Islamic thought of the Khulafā School was great. Thus, the Israelite culture entered into Islam and tinted a part of it with their colour. It was through these that the Khulafā School got the beliefs that Allah was material and that the Prophets were not infallible, as well as their opinions about the Beginning and Resurrection and other Israelite thoughts. Their influence was greater during the “Ummiads era,especially in Days of Muāwiyah whose attendants

were Christians like his clerk Serjohn⁽¹⁾, his physician Ibn Athāl and his laureate al-Akhtal⁽²⁾

the Christian on the revenue of Hims. No Christian was used by the Caliphs before him..."Abu Malik Ghiyath ibn Ghawth al-Akhtal, a Christian of Taghlib. He was born early in'Umar's days. He died in 95H.

Al-Jahiz, explaining the reason for his attempt to get close to the Ummiads, says: “Muʻī wiyah intended to lamoon the them, but he refused and said: 'Yet I recommend to you a young

Christian lad of us who has got a tongue like an ox’s, and he never cares to lamoon.' al-Akhtal was, thus, introduced to him.” Al-Bayan wat-Tabyin,Vol. 1/86.

It is in al-Aghani, 13/142, that Ka'b ibn Juʻayl said: “Yazid ibn Muawiyah told me: 'Ibn Hassan had scandilized ‘Abdur-Rahman ibn al-Hakam and disgraced us as well, so, I ask you to lamoon the Ansar.' He said to him: Do you want to return me to polytheism again, by lamooning a people who supported the Messenger of Allah and gave him shelter? But I will direct you to a lad, a Christian of us..." as the hadîth goes.

In another narrative after it, it is said that: “Ma'awiyah instigated Ka'b to lamoon them, so he directed him to al-Akhtal ... who did lamoon them in poetry, like his saying:Quraysh has possessed all the respect,

While meanness is under the Ansar's turbans.

It is narrated that: “The Ansar complained al-Akhtal to Mu'awiyah, who told them: 'It is up to you to silence him, but maybe my son had given him a word of protection.' Then he secretly informed Yazid immediately: "I told the people so and so. Do protect him..." al-Aghani, 13/147,and in Vol. 8/299 It was said about him: "A Christian infidel lamoons the Muslims.”

He used to come wearing a silk cloak, with a silk talisman and a gold chain and a cross round his neck, his beard dripping with wine, then he enters upon ‘Abdul Malik ibn Marwan without

asking for permission.

He also recited poetry at the door of the mosque of al-Kufah, 8/321.

He was a drinking friend of Yazid and used to get drunk with him (16/68). He accompanied Yazid on his Hajj to Mecca. Al-Aghani, 8/301.

court they did not forsake their Christian traditions and beliefs. On the slonbrarywtt balety farstraduaded them into Ummiad Caliphate Court. Moreová) before Damascus becoming Mu ́āwiyah's Capital in ash-Shām, it had been the Capital of the Byzantine Roman Christians, with an ancient culture. Such was the atmosphere to which Mu'āwiyah moved.

As to Mu‘āwiyah himself, he was brought up in an invironment in the time of Ignorance, known for its courser tribalism which fought against Islam and its traditions, until Islam subdued it forcibly. He grew up in that atmosphere. He moved, as a full man, from Mecca, after its conquest, to al-Madinah, and from Ignorance to Islam⁽¹⁾. He did not stay among the still young Islamic community except for a short time insufficent to take in the Islamic charactor new to him and to practise it in as much as to be able to have any effect on the community of the Roman culture which had been extended over a very long period of time. As a matter of fact, he himself was affected by it.

So, Mu‘āwiyah began ousting from that society whoever opposed him from among the Companions who had acquired the Islamic way of life, such as Abu Dharr, Abu Ad-Darā the Reciters (of the Qur'ān) of thepeople of al-Kū fah.⁽²⁾

All the abovementioned details were the factors which painted the Khulafa

School with the colour of the culture of the people of the Book.

Infortunately those factors have not so. Ifannbeeht fobgadirWelghtsginalibihotB discover their effect on that School. Mu'āwiyah, in addition to what has been said about him, was characterised by the norms of the time of Jahiliyyah, still adehering to its abolished traditions, such as tribal fanaticism and reviving its standards⁽¹⁾

Jahiliyyah an ally of Harb, Mu'awiyah's grandfather. So Mu'awiyah wrote to his agent: "...You had whipped the ally of Hrb in front of the people with eighty strikes. Had he been the ally of your

father, al-H, you would not have disgraced him. By Allah, you are either to renounce your punishment and announce your mistake and rehabilitate him, or I will invalidate your fudgement and have you whipped eighty strikes as a retaliation...” Marwan did as Mu'awiyah had ordered him, as the narrative goes.

Another example was rejoining ziyad to his father's lineage, according to the Jahiliyyah customs and contrary to the Islamic instructions which impose that: The child is (named) after

“the bed” and the prostitute is to be stoned. Look up Ahadith Ummul Mu'minin ‘Aishah, Ch. on “Joining ziyad to ‘Abdullah ibn Saba', Vol. 1.

Ibn 'Abd Rabbih, in al-'Iqdul Farid, Vol. 3/413, states that Mu'awiyah summoned al-Ahnadf ibn Qays and sumrah ibn Jundub and told them: “I notice that those reds (as the non-Arabs used

to be called) have increased and outnumbered the ancestors and I expect a jump on their part against the Arabs and the authority. So, I decided to kill a group and leave a group to set up the

market and the constractio of the raad..."

Al-Ahnaf redressed, and samrah said: “Assign it to me, O Amirul Mu'miniI will manage it with them and get to want you want.” then Mu'awiyah changed his mind and did not kill them.

personalities, like 'Amr ibn al-As, Samrah ibn Jundub⁽¹⁾

during his rule are in Ahadith Ummul Mu'minin ‘A’ishah, pp. 297-8.

Take, for example, what is narrated by al-Madā'ini in his al-Ahdāth [the Events]: “Mu'awiyah wrote a circular to all his agents, after the year of al-Jamāto the effect that no obligation was to be observed with respect to any one who narrated any of the merits of Abu Turāb and his household.

He also wrote to them: “Look for those who love 'Uthman, follow him, adhere to him and relate his merits and virutes, to bring them nearer, favour them and be generous to them, and write to me what each one of them narrates, his name, his father's name and the name of his tribe.' They did so, relating too many of 'Uthman's merits and virtues, owing to the generous gifts, money clothes and allowance Mu‘āwiyah used to send to the Arabs and non-Arabs. This spread in all countries, and they vied with one another to get some rank or worldly matters. No one of they laymen came to any of Mu‘āwiyah's agent with a merit or a virtue of 'Uthmān unless his name was registered, cared for himand his intercession accepted. This lasted for a while.

He, then, wrote to his agents: 'Narrations about 'Uthmān became plenty in all respects and were circulated everywhere. Upon receiving this letter invite the people to narrate about the merits of the Companions and the Caliphs, leaving no hadīth narrated by anybody of the Muslims in favour of Abu Turāb unless you bring me a contradicting one of the Companions, as this is more liked by me, more pleasant to the eye, more refuting to the proofs of Abu Turāb and his followers, and severer upon them than the merits and virtues of 'Uthmān.'

His letters were read to the people,a nd there appeared so many false and fabricated narratives about the merits and virtues of the Companions. People strove earnestly in narrating narratives in compliance with that trend, even on the minbers, among the teachers of little boys who tought them to their

children and servants, in so wide range that they read them and learnt them as ibey used to learn the Qur'ān. They tought tanthesehevfengnöirdeihtmitgħihers, women, servants and attendants, and they continued so as long as Allah wished.”

“... So, there appeared so many fabricated hadīths and circulated falsities, accepted by the jurisprudents, the judges and the rulers. The most affliced among them were the hypocrite reciters (of the Qur'ān) and the suppressed who used to show submission and asceticisn by fabricating more hadīths in order be favoured and neared by their rulers, and to recieve from them wealth, estates and positions. Then those fabrications reached the hands of the religious men who regarded unlawful all lies and fabrications, but they accepted them and related them, thinking them to be true. had they known them to be untrue, they would not have narrated them nor had they practically followed them.⁽¹⁾

Ibn Abil Helated the names of a group of the Companions and Tabi'in whom Mu'āwiyah had appointed to narrate the hadīths⁽²⁾, some of them had been mentioned in our book Aḥādith Ummul Mu'minin ‘Ā’ishah⁽³⁾. All those hadīths were labelled as The Prophet's Sunnah, and woe unto those who denied them and disbelieved in them. ⁽⁴⁾

his part and he did not understand, and he kept imploring until he silenced him.”

In the Days of 'Umar ibn 'Abdul 'Aziz

When 'Umar ibn Abdul Aziz⁽¹⁾, the Ummiad, came to power, he lifted loo hoa rovanehvrfidi ng dafn the sunnah of the Messenger(S.A.) and wrote to the people of al Madinah telling them: “Look for the hadīths of the Messenger of Allah(S.A.) and write them down, as I am afraid that knowledge and its people obliterate."

Thus, ibn Shihāb az-Zahri was the first to write down the hadīths, in the year 100H. in complaince with the order of ‘Umar ibn Abdul Aziz.⁽²⁾

But this remained incomplete owing the deathe of'Umar ibn 'Abdul Aziz by poison in 101H., and whatever had been written down during his reign was lost. Ibn Hajar, writing about Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm (d. 117H.) says that 'Umar ibn `Abdul 'Aziz wrote to him to write down the Knowledge. After his deathe his son said that all those books were lost.⁽³⁾

Similarly, what had been written by other were lost, too, until Abu Ja'far al-Manşūr came to power and urged the scholars to write down. Adh-Dhahabi, concerning the events of the year 143H., says:

The Scholars of Islam started, in this time, writing down the hadīths, fiqh (Jurisprudence) and tafsir (exegeses on the Qur'an). Ibn Jurayj wrote books in Mecca, and saʻid ibn Abu'Urubah and others in al-Basrah, al-'Uwza‘i in ash-Shām, Mālik wrote al-Muwatta' in al-Madinah, Ibn Ishāq wrote al-Maghāzi (the Messenger's expeditions), Mu'ammar wrote in al-Yaman, Abu Hanifah and others wrote on the fiqh and beliefs in al-Kūfah, Sufyān ath-Thawri wrote al-Jami', then some time later Hashim wrote his books, and in Egypt al-Layth and Ibn Lahĩah, then Ibn al-Mubārak, Abu Yūsuf and Ibn Wahab.⁽⁴⁾

Hammad inn Salamah ibn Dinar al-Basri ar-Rabʻi by alliance. Abu Salamah, the judge of al-Basrah and a narrator of hadiths. He was the first to compile agreeable books. (d. 167H.).

Tahdhibut-Tahdib, 2/11. Mizanul-I'tidal, 1/277. Hilyatul Awliya', 6/249. Az-Zarkali's Alām.Al-“Uwza'i: Abu 'Amr ‘Abdur-Rahman ibn 'Amr ibn Yuhmid, the Imam of the people ofash-Shām, where there was no one more Knowledgeable than him. He used to live in Beirut, and died in 157H. Al-'Uwza'i is a efernce to 'Uwza', a tribe of Hamdan, not to the village of the same name in Damascus outsite Babul Faradis. Al-Fihrist by ibn Ishaq an-Nadim, 1/227. Al-Wafayat, 1/275. Hilyatul Awliya', 6/135. Tahdhibul Asmā’ wal-Lughāt, Vol. 1, part 1, p. 298.

Mu'ammar ibn Rashid ibn Abu 'Amr al-Azdi (by alliance) Abu ‘Urwah. A jurisprudent,memorizer of h adith, of al-Basrah, where he was born and got his fame. He dwelt in Yeman. The biographers of the people hadîths recognize him as the first writer of Yemam (d. 153H.).

Tadhkeratul-Hffaz, 1/178. Tahdhibul at-Tahdhib, 10/243. Mizanul I'tidal, 3/188. Sufyan ibn Sa'id ibn Masrūq ath-Thawri, Abu `Abdullah. He was described to be “the Prince of the Mu“minin” in hadith> He was born and brought up in al-Kufah. he is the author of al-Jamiʻul kabir. (d. 161.H.).

Tahdhibul at-Tahdhib, 4/111-115. Ibn Sa'd, 6/257. Ibn an-Ndim, 1/225. Diwanul Islam, 1/84.Hilyatul Awliya“, 6/356. Ibn Khallikān, 1/210.

Al-Layth ibn Sa'd ibn Abdur-Rahman al-Fahmi (by alliance), Abul Harith, the Imam of the people of Egypt at his time in hadith and in Fiqh. He was the head and chief of Egypt, and the Emir of its people in his time, such that he used to be consulted for the appointment of the judges and deputies. He was originally from Khurasan. He wrote many works. He died in Cairo,175H.

Tadhkeratul-Hffāz, 1/207. Tahdhibul at-Tahdhib, 8/459. Wafayatul Ayān, 1/428.Ibn Lahi'ah, Abu ́Abdur-Rahma Abdullah inn Lahi'ah, al-Hadrami al-Misri. He was prolific in relating hadiths and narratives, was appointed as the judge of Egypt by al-Mansur ad-Dawāniqi in 155H. and was deposed in 164H. His hadiths are quoted by at-Tirmidhi and Abu Dawud in their Sahihs and by othors. He died in Egypt in the year 174H.

Mizanul 'I'tidal, 2/64. Wafayatul A'yan, 1/249.

Ibn al-Mubarak: Abu ́Abdur-Rahman Abdullah ibn al-Mubarak al-marwazi, the learned,

ascetic, gnostic and narrator. He was a tabi' of the tabiʻin. Abu 'Usamah said about him: “Ibnal-Mubarak, as a narrator of hadith, was like Amirul-Mu'minin among the people.

Tarikh Baghdad, 10/152. Al-Kuna wal alqab, 1/401.

Abdullah ibn Wahab ibn Muslim al-Fihri (by alliance), Al-Misri Abu Muhammad. He was an Imam in Fiqh, a Companion of Mālik. He was versed in both fiqh and hadith, wrote a number of books, including al-Jami'.

Tadhkeratul-Hffāz, 1/279. Wafayatul Ayān, 1/249.

The biographies of the others have already been stated.

... hannus eht fo gnitir Weht gnitibihorP

Knowledge was written down and classified, and books on the Arabic Sanguagøytlehguistius,tdui story and chronicals. Before that era the Imams used to talk out of their memories, or relate knowledge from correct and unarranged folios. It, thus, became easy _ thank God _ to acquire knowledge, while memorizing by heart began to decrease. Allah's is the whole matter.⁽¹⁾

As-Suyūti, in Tarikhul Khulafā', quoted that on page 261.

Mawsū‘atul Fiqh al-Islami says: “When al-Manşūr went to hajj in the year 143H., asked Mālik to write his book al-Muwatta', as well as he and his agents urged the scholars to write books.

Ibn Jurayj, Ibn 'Urū bah, Ibn 'Uyaynah and others wrote book, as did other jurist and their companions in different countries.⁽²⁾

The writer says:

What we has related here does not contradict what had been said concerning the existence of new writings belonging to a period before the said time, as they said that the Companion 'Abdullah ibn Amr ibn al-As had written as-Sahifatus-Sadiqah, and az-Zahri at-Tābiʻi had wrtitten down some of the hadīths. Yet, only the names of those writings reached the ears of the Scholars of the time of writing down the hadīths.

Then, the narraters of the Khulafa School, especially during the rein of

al-Manşūr the Abbasides, started competing in writing down, out of their memories, what they remenered of the sunnahafntke AlfosgmigieWSehb.gnitibihorP

They also wrote down what was related to them by way of confirming the opinions of the caliphs which were contrary to the sunnah of the Messenger(S.A.)_Which we shall study in the comings discussions, inshāʻallah.

Among those writings they sometimes wrote down the Israelite hadīths, which we did study in our eleventh and twelveth Discussions among the series of discussions concerning “The Effects of the Imams in Riviving the Sunnah”. Duringi the time of writing books they also practized different kinds of concealmeant. We shall refer to their estimations the modern encyclopedeas at the end of volume three of this book, inshāʻallah.

As to the conradictory hadīths, they have come on to existence after the fabrications of the hadīths on the days of Mu‘āwiyah in support of the policy of the Khulafā, as will be explained below:

How two Contradictory hadiths Existed

Probably some of the hadīths which had been narrated in the days of Mu‘āwiyah and registered among the hadīths of the Messenger(S.A.) and part of his sunnah, are the following:

It is stated in Muslim's shahs, ad-Dārimi's sunan and Ahmad's Musnad that (quoting the first) that the Messenger of Allah(S.A.) had said:

“Do not write down (quoting) me, and whoever wrote from me anything, except the Qur'ān, let him erase it.⁽¹⁾

It is also narrated that: “The Prophet was asked to give them permission to write down from him, but he did not permit them.⁽²⁾

Ahmad in his Musnad and Abu Dāwūd in his Sunan, quoting zayd ibn Thābit, said (in the words of the first): “The Messenger of Allah(S.A.) forbade (us) writing anything of his hadīths, and he erased it.⁽³⁾

Ahmad, in his Musnad, quoting Abu Hurayrah, says: “We were sitting writing down what we heard from the Prophet(S.A.). He came out ot us and asked: “What is this you are writing?” “What we hear from you', we said: “A book along the Book of Allah?' he exclaimed. “Whatever we hear,' we said. 'write down the Book of Allah,' he said, “Be dedicated to the Book of Allah! A book other than the Book of Allah? Be dedicated to the Book of Allah,' he

repeated. So, we heaped what we had written together and burnt it.⁽¹⁾

slookfest beseelitadãtiserarae Frue, the Muslims have but to put together all the sources of the Islamic studies which contained the hadīths of the Messenger(S.A.), or which included parts of his hadīths, such as the sîhahs, the Sunans, the Musnads, the biographies and the exegeses, and to burn them or cast them in to the sea!

As a result, I wonder what would remain of the Laws of Islam if we threw away into the sea all the sources of the Messenger's sunnah? Never! the Messenger of Allah(S.A.) never ultered those hadīths, since he had said in his speech in Mina during the “Farewell Hajj”:

“May Allah flourish the servant who heard my speech, comprehended it and conveyed it to the one who did not hear it, as how aften a carrier of fiqh convey it to someone more knowledgeable at Fiqh." ⁽²⁾

In another hadīth he said: “... Maybe a carrier of fiqh is not faqih, and maybe acarrier of fiqh conveys it to a person who is more versed in fiqh."⁽³⁾

In another narrative, the Messenger of Allah(S.A.) said: “May Allah flourish the one who hears a hadīth from us and related it as one heard it, as perhaps the informer is more conscious than a hearer."⁽⁴⁾

In another instance he (S.A.) said: “Let the present inform the absent, as the present may inform some one more conscious one than himself."⁽⁵⁾

He (A.S.) also said:

“O Allah, have mercy on my successors! O Allah, have mercy on my successors! O Allah, have mercy on my successors!” Asked: “Who are your successors, O Messenger of Allah?” he said: “Those who will come after me relating my hadīths and sunnah.”⁽⁶⁾

By al-Bukhāri, Ch. on “Writing the Knowledge”, says: “A man from

Yaman heard the hadīth of the Messenger He said: 'O Messenger of Allah. Write it for me”. The Messenger said: “Writen itnhaus AboufosgråtindVseht' gnitibihorP⁽¹⁾

It was narrated that a man of the Ansār used to sit with the Prophet, hearing his hadīths, which he admired but could not learn (by heart). He complained of this to the Prophet(S.A.). The Messenger of Allah(S.A.) told him: “Use your right hand.” pointing with his hand, meaning: “write!"⁽²⁾

‘Amr ibn Shu'ayb, quoting his father on the authority of his grandfather, said: “I said: 'O Messenger of Allah. Shall I write everything I hear you say?’ Yes,' he said. “Both in content and anger?' I asked. 'Yes', as I say nothing in all of that except the truth', ho said.”

In another narrative, he said: “I hear you say things, Shall I write them down? 'Yes,' he said.⁽³⁾

Abdullah ibn 'Amr narrated: “I used to write down every thing I hear from the Messenger of Allah(S.A.), intending to keep them, but Quraysh prevented me, sayign: ‘You write whatever you hear from the Messenger of Allah(S.A.), whereas the Messenger of Allah(S.A.) is a human, and talks when content orangry.' So, I stopped writing. Then I mentioned that to Messenger of Allah(S.A.). He, pointing to his mouth and said: “Write (it) as, by the One in whose hand is my soul, nothing comes out of it except the truth."⁽⁴⁾

In a next narrative it is stated that he (‘Abdullah) went to the Messenger of Allah(S.A.) and said to him: “O Messenger of Allah, I narrate your hadīths. I wanted to help my heart with my hand-writing, Do you permit me.” He said:If it is my hadīth, then get your hand to help your heart."⁽⁵⁾

‘Amr ibn Shu'ayb, quoting his father, on the authority of his grandfather, says: “I said: “O Messenger of Allah, we hear from you hadīths which can not memorize them, are we not to write them?' 'No,' he said, “you may write them.”⁽⁶⁾

Thus, the Messenger of Allah(S.A.) had ordered and urged the people to wootecshosvhæfithsoaseduta spread them, as we have been reading in the last true hadīths. So, how is that the former hadīths were narrated to the effect that the Messenger

had prohibited the writing down of his hadīths?

The answer: We had noted that Quraysh, ie. the Muhajir Companinos, used to prevent the writnig of the Messenger's hadīths during his life, and it was they who prevented the writing down of the Messenger's will before his death. And after his death, too, we saw the second Qarashite Caliph strongly prohibit the writing of the Messenger's hadīths and he ordered what had been written of it to be burnt, and forbade narrating them under the penalty of imprisonment in al-Madinah for the dissent among the Companions. “Uthmān, the third Qarashite Caliph, followed suit. It was quite natural for some Companions to comply with the authority's desires.

On the other hand there were Companions who disagreed with that trend, and continued relating the hadīths of the Messenger, and bearing difficulties and pains for that, such as the Companions Abu Dhurr, who was encouraged by the Imām 'Ali(A.S.) to which we shall refer later, by Allah's will. It was natural, then,to encourage the spread of the Messenger's hadīths during his rule. On his martyrdom, and Mu'āwiyah's coming to power, it was not easy for him to prevent the writing down of the Messenger's hadīths that which he did not like, as he had to find some support to this trend. So, in this time, the hadīths about “The Messenger prohibiting writing down the hadīths” were narrated. This is the answer to the so many contradictions found in the hadīths quoting the the Messenger of Allah(S.A.), such as the hadīths to the effect that he had said: “Write down my hadīth”, and other ones saying: “Do not write down my hadīth”.

That was how the confliciting hadīths appeared in the narratives quoting the Messenger of Allah(S.A.). Therefore, whenever we are encountered with contradictory hadīths, we must leave out those hadīths which are in favour of the ruling authorities along the ages.

Finally we may not forget to say that the prohibition intended to prevent the spread of the virtues of the Imā m ‘Ali(A.S.) among the Muslims, especially during the days of Mu'awiyah, who used to curse the Imām in the Friday speeches on the Islamic minbers, as it was referred to in Vol. 1 of this book, Ch. on “Concealing the Merits of the Imām “Ali and Spreading Cursing and Abusing Him”.

Formerly we referred to Mu'āwiyah's policy and the requirements of his government, concerning diverting the peopole from Ahlyl Bayt School, towards the Khulafa School. Furthermore, Mu'āwiyah was in need of changing more

and more the vision of the Muslims of their Imam_ the vision which they already had of first Islamic ruler,the Messenger's nsafhtAfdajn(⁽¹⁾

This vision actually prevented the upright ones of the Ummah from following Mu'āwiyah and from accepting Yazid, a drunk and an ape debauchee, as his crown prince. So, Mu‘āwiyah had to change the Muslim's vision of their supreme Ideal, the Messenger of Allah(S.A.). For this purpose there appeared hadīths which portraiting the Messenger of Allah(S.A.) to die on the same level of Yazid and Mu‘āwiyah in being carried away by their personal desires. The relevant hadīths had been quoted from some of the Messenger's wives and Companions.⁽²⁾

The Israelite hadiths about the past prophets, and which were circulated by the people of the Book among the Muslims, to support and approve of Mu'āwiyah's policy in this respect. What aggravated the situation was the prohibiting writing down the hadiths of the Messenger(S.A.), and depending only on what had been memorized by the narrators of the hadiths. So, every thing got into a state of utter confusion, mixing the Israelites with what was actually quoted from the Messenger(S.A.).

Thus, the Islamic thought at the Khulafā School got its particular shape in the days of Mu‘āwiyah as Mu‘āwiyah himself wanted, and this thought of the Khulafā School became the official Islam ever since the days of Mu ́āwiyah, and that which opposed it was rejected and discarded. The said official Islam, or the Islamic thought, planned by Mu‘āwiyah to have the shape and content he liked, remained so till this day, after that the martyrdoms of al-Husayn, the grandson of the Messenger of Allah(S.A.), and his family and Companions, stopped further deviation after Mu‘āwiyah, and uncovered the reality of the Caliph Yazid, denoting the position of Caliphate of its sacred halo which it used to wear. Hence, political authority was separated fromthe religious representation.

This was the stance of the Khulafā School on the hadiths of the Messenger(S.A.). After finishing our study of the attitude of both Schools to

fiqh and ijtihad, we shall discuss the stance of Ahlyl Bayt School on the hadiths of the Messenger(S.A.). inshaʻallah, the exalted.

Once again to the beginning

The continuation of prohibiting the spread and the writing of the sunnah of the Messenger(S.A.) by the Khulafā School until early in the second century of Hijrah was one of the most important reasons which caused them to open the door for ijtihad concerving the precepts, and the application of the opinions of the mujtahids, and somes against the sunnah of the Messenger(S.A.), as will be discussed in the nect chapter, inshā’allah, the Exalted.

CHAPTER THREE

The Attitudes of the Two Schools Towards the fiqh and Ijtihald

a. The Prophet's Ijtihad.b.The Ijtihād of the Caliphs Abu Bakr and 'Umar.

development and the proofs confirming the correctness of its application.

Note: Fiqh and ijtihad have been so mixed one into the other, in the Islamic community, that it has become rather a difficult task to separat them wihtout a comprehesive study. We shall begin with studying ijtihād in the Khulafā' School then we shall explain the attitude of Ahlyl Bayt School with respect to fiqh and ijtihad at the end of the Chapter, inshā’allah.

1The Development of the Concept of ijtihald in the KhulafaÌ' School

The terms: ijtihād and mujtahid appeared much later than the time of the Companions and Tabi'īn, as any change they did in the precepts were called "interpretation”, such as the narrative concerning Khālid ibn al-Walīd's killing Mālik ibn Nuwayrah, the Messenger's agent, (and marrying his wife on the spot). Khālid excused himself by saying to Abu Bakr: “O Srccessor of the Messenger of Allah, I interpreted and I did right and wrong.” And when “Umar told Abu Bakr: “Khālid had commited adultery, so, order him to be stoned.” Abu Bakr said: “I shall not. He had interpreted but was wrong!"⁽¹⁾, and as narrated by az-Zahri, quoting 'Urwah on the authority of 'A'ishah, who said: “The Șalāt was to be two rak'ats when first imposed, then this was confirmed during travel, and to be completed when (at) home". Az-Zahri says: “I asked 'Urwah: "Why, then, 'Ā‘ishah completes (the Salāt) when travelling?' He said: “she interprets as “Uthmān did.''⁽²⁾

Ibn Hazm in al-Fasl says: “Ammār (may Allah be pleased with him) was killed by Abul Ghādiyah. He attended bayʻatur-Ridwan, so, he was one of those whom Allah had testified to know what was in their hearts, and bestowed calomness on him and was pleased with him. So, Abul Ghadiyah was a mistaken interpreter mujtahid, oppressed, deserving a sinlge reward, but he is not like the killers of 'Uthmān, because they had no room for practising ijtihād inkilling him.⁽³⁾

Ibn Hajar, in his biography of Abul Ghadiya, says: “It is believed that the

Companions, in all those wars, were interpreters, andthe mistaken mujtahid will have a reward. And if this is truaförbuhkspbctnof.. arachinjárfo poeppelehd the Companions are more entitled to it.⁽¹⁾

Ibn Hazm, in his al-Mųhallā, and Ibn al-Turkmāni, in al-Jawhar an-Naqi, say: “There is no didderence among the Imams that Abdur-Rahmān ibn Muljam had killed ‘Ali as a result of his interpreter mujtahid, taking it to be correct. To This refers 'Imrān ibn Hattān in his poetry:

O the strike from a pious from which he

Wanted nothing but the pleasure of the owner of the 'Arsh

When I remember him a day I find him

The weightier of all people with Allah!⁽²⁾

Ash-Shaykh 'Abdullahtif says in the margin of as-sawā'eq: “... and all companions who were, of the time of ‘Ali, whether foughting wiht him, against him or staying separate from the two camps, were interpreters and can not be regarded unequitable.⁽³⁾

Ibn Kathir, writing about Yazid: “They took his bad conducts to be interpretation and was mistaken”. They also said that: “He was a sinful Imam that could not be deposed... and it was not allowed to be against him. Regarding what was said that when Yazid heard about the people of al-Madinah and what had been done to them in al-Harrah, he was overjoyed, was because he was the Imam and they had disobeyed him and appointed some one else in his place. So, he had the right to fight them and bring them back to obey him and to join the comunity."⁽⁴⁾

In the first narrative, both the Companions Khalid ibn al-Walid and the Caliph Abu Bakr justified killing Mālik and marrying his wife as to be “interpretation”.

In the second narrative, 'Urwah ibn az-Zubayr, the tabi'i, described ‘A‘ishah's completing the Salāt in travel_ contrary to what she narrated_to be “Interpretation”, as 'Uthmān did.

Then, after an age, we find Ibn Hazm, who died in 456H. describes Abul Ghādiyah's killing ‘Ammar ibn Yasir, as to be an interpreter mujtahid, desevring a single reward.

We also find him and Ibn at-Turkmani al-Hanafi, who died in 750H., describe Ibn Muljam as an interpreter mujtahid in killing the Imam 'Ali.

Then, Ibn Hajar, who died in 852H. describes the Companions in all those wars as to be interpreters, and that mistaken mujtahid gets a reward.

Thus, acting according one's opinion was first named “Ta'awwul” interpretation, them ijtihad (independent judgement in a religious question). Then the scholars of the Khulafā School followed the Companions and the Caliphs in that, and opened for themselves the door of ijtihad, that is, acting according one's opinion. But they discovered rules for acting according to one's opinion, and put names for it, and arranged for it chapters in methodolgy, calling their references to those rules, which they themselves had coined, and inferring precepts from them, ijtihad, and called the one who doesso, the mujtahid, whereas the religious term for the science of religion is fiqh and the one who practises it is called faqih. Therefore, we have to study hereunder three subjects:

2Naming the IjtihaÎd

Interpretation: Linguistically and Religiously

Abul ‘Abbās, Ahmad ibn Yahyā, known by the name Thaʻlab, (d. 291H.) said: “Interpretation, meaning and commentary are of the same meaning.'⁽¹⁾

Al-Jawhari (d. 396H.) said: “Interpretation is an explanation of something, with its derivatives.'⁽²⁾

Ar-Rāghib (d. 502H.) said: “Ta'wil (Interpretation) is from awl, ie returning to the origin, such as al-mawil which means the place to which one returns, Linguistically, ta'wil is to refer a thing to the objective wanted from it. The Qur’ān uses it in this meaning, as in the ayahs:

hadîth 217. Ibn Majah's Sunan, book of “al-Iqa mah”, Ch. 20.

The word ta'wi is used in the Book and the sunnah to mean the Interpretation of dreams, as is in the story of Yusuf: "... inform us of its interpretation.” (sūratu Yusuf: 36), or as in the expression of the Messenger(S.A.) in 'Uhud Battle: “... I interpreted that al-Madinah is the fortress."⁽⁴⁾

This was the meaning of ta'wil, Interpretation, in the language and examples showing its usage. The Companions and the tab‘in borrowed this vocabulary and used it to mean changing the precepts, Thus, the word acquired a new meaning in the Khulafā' School.

Ibn al-Athir said: “At-Ta‘wil is from ala, yaʼulu, ie. to return and got back to something. By at-Ta'wil it is meant to transfer the outer appearance of a word from its original position to something else according to an evidence, without which its appearance could not have been left."⁽¹⁾

In this way they changed the lexical meaning of a word, and this method spread through out the books of hadīths. Al-Bukhāri, in his Sahîh, Ch. on "literature”, Ch. on “Whoever accuses his brother (in faith) of disbelief without ta'wil (Interpretation) he will be as he says,” and Ch. on “Those who disagree with those who accuse the one who said so of disbelief through interpreting or being ill-informed.''⁽²⁾

In al-Fathul-Bāri, explaining the chapter on “What had been said about the interpreters”, it is said: “... In short, whoever accused a Muslim of disbelief, it is (to be) looked in to, if it was without interpretation, he deserved dispraise, and perhaps he himself was the disbeliever. But if it was interpreted, then it is (to be) looked into, if it was not acceptable, he deserved dispraise, not disbelief, Yet, he is to be informed about his mistake and is rebuked in accordance with his status, and he is not connected to the first. But if his accusation was with an acceptable interpretation, he did deserve dispraise, but he is to be disproved till he is returned to what is right. The scholars said: ‘Every interpreter is excused by his interpretation, and he is not sinful if his interpretation was acceptable by the ‘Arab's language, and it couldscholarly be explained.?!⁽³⁾

Such was their developing of the sense of interpretation, and at last they called the instances of their Interpretations ijtihad. We shall hereunder study the mujtahids of the first age and the instances of their ijtihad.

3The Mujtahids of the Khulafas' School in the First Century and Instances of their ijtihalda.

The Seal of the Prphets, Master of the Messengers

Ibn Abil Hadid, a Mu'tazili, offering an excuse for the two Caliphs, Abu Bakr and ‘Umar to justify their not joining ‘Usamah's army, said: “He ie the Messenger(S.A.) _ used to dispatch the expeditions according to his own ijtihād, not according to revelation, which is harām to disobey."⁽¹⁾Then he expanded on the Messenge’s ijtihād in this case.

Under the title “The Caliph ‘Umar's ijtihad” there is another instance in which the Messenger's judgement was called ijtihād. We shall display in details their evidences proving the Messenger's ijtihād, together with our relevant opinion, within the coming discussions, inshā’allah. Consequently. we started with the name of the generous Prophet(S.A.), contrary to the opinion of the Imamites who deny him any kind of ijtihad.

b. The First Caliph Abu Bakr (may Allah be pleased with him)

A-Qawshaji, in Sharhut-Tajrid, answering at-Tūsi'sobjection against the Caliph Abu Bakr because: “He burnt al-Fujā’ah as-Salami, did not know what kalālah meant and the heritage of the grandmother”, said: “Burning al-Fujā’ah in fire was a mistake in his ijtihād, and how much the mujtahids did! As to the question of the kalalah and the grandmother, it is not an innovation on the part of the Mujtahids to look for the sources of the judgement and ask those who know them.."⁽²⁾

Sharhut Tajrid by ‘Ālaʻuddin ‘Ali ibn Muhammad, whose father was known as al-Qushaji,because he was the caretaker of the falcons of the King of Transoxiana. 'Alāʻuddin participated in

building the observatory of Samarqand, travelled to Tabriz and then to Islambul to make peace between Ottoman Sultan and the Sultan Muhammad,who appointed him dean of Aya Safiya School. He died there in 897H. Look up his biography in Hadiyyatul 'Arifin, 1/736 and in al-Kuna Wal alqab, 3/77.

Answering his other objection against Abu Bakr because he did not punish slooblastüsteektafblidruheksaid: “He married his wife in a war zone, as it is a question of the mujtahids.” He added: "Ummar's deniol of him does not indiate that he disapproves Abu Bakr's Imamate, nor that he had such intention He only denied him that, as the Mujtahids deny one another.⁽¹⁾

c. The Mujtahid Companion, Khālid ibn al-Walid

Ibn Kathir said: “Abu Bakr kept Khālid in his post, although he had practised ijtihad in killing Mālik ibn Nuwayrah and was mistaken.⁽²⁾

d. The Caliph 'Umar ibn al-Khattab(may Allah be pleased with him)

Ibn Abil Hadid, in the fifth of the points criticized for, said: "He used to give out from baytul mal [public treasury] (money) which he was not allowed to, such that he used to give ‘A’ishah and Hafsah ten thousand dirham ayear, while he refrained from paying to Ahlul Bayt their due Khums [one fitth]...”

By way of justifying this, he said: “Baytul mal is only needed to distribute the money among those who have a right to; then, it is for the authority to follow ijtihād (his opinion) in the increase or the decrease. As to the Khums affair, it also is related to ijtihād...”

He also added: “So, in his judgement, 'Umar did not deviate from the method of ijtihad, and whoever disaproves that, he is only disaproving the ijtihād, which is the method followed by the Companions."⁽³⁾

Ibn al-Jawzi relates that he said in respect of the Khums: “It is a question of the Mujtahids of the Khulafa School ijtihad"⁽¹⁾

In the seventh of points on which was criticised, it is said:“He used to change colour in judgements. It has even been related that he sentenced in jald [punishment by whipping] by seventy, and a hundred in some other instance, and that he gave priority in distributing people's due, where Allah ordered equity among all, and that he isseud judgements based on opinion, guess and conjecture.”

Answering this he says that they said: “In the ijtihad matters it is allowed to differ and to change the opinion and adopt another one according to indications and to the most probability.”

He added: “The question, however, is in the origin of the analogy and ijtihad. If this is proved, it is, then, far from being impeachment."⁽²⁾

In reply to at-Tūsi's criticism that: “He gave to the Prophet's wives more, and did not give fāțimah and Ahlul Bayt their due Khums, and sentenced by one hundred whip-strikes, and gave priority in distribution and allowance, the like of which did not happen during the Prophet's time”, al-Qūshaji says:

“I answer the (said) four points by saying that they are not of what necessitate censuring him, because they are of the differences between a mujtahid and another concerning question of ijtihad."⁽³⁾

He means that the contradiction of the Caliph Umar ibn al-Khattab(may Allah be pleased with him) to the Messenger of Allah(S.A.) about these rules is the kind of contradiciton that happen between a mujtahid, Umar, and another mujtahid, the Messenger of Allah(S.A.), and that it can not be disapproved!⁽⁴⁾

e. The third Caliph, 'Uthmān ibn 'Affan

Al-Qūshaji, in reply to the critics who criticised him for dropping the retaliation against Abdullah ibn 'Umar, said: “He used his opinion (as a mujtahid) and saw that he was not forced to issued a judgement concerning this murder, because it had taken place before his becoming Caliph.⁽⁵⁾

Ibn Taymiyyah answered that it was “A question of ijtihad.⁽⁶⁾

Al-Mu'tazili, quoting their reply to the citicism concerning rejecting the school, osaty eltafotfæeytsald: “If the Messenger had not permitted rejecting it is would have been allowed to reject it if his ijtihād had led him to that, because the circumstances change."⁽¹⁾

Ibn Taymiyyah also said: “It is a matter of ijtihad”.

Answering a criticism against concerning what happened between him and Ibn Mas'ūd, he said: “If each one of them had used ijtihad in what he said,Allah would reward him for his good deeds and forgive him his bad deeds.”

He also said: “It may be that the Imam used ijtihād in the punishment, on which he would be rewarded, and the others used ijtihad in respect of what they did, and thus they were not sinning, rather they would be rewarded for their ijtihād, such as Abu Bakr's testimony against al-Mughirah, since Abu Bakr was one of the best of the Muslims, and he was hoping (Allah's reward) for his testimony, thinking that he would be rewarded for that. ⁽²⁾

deserving reward just because he was a companion of the Messenger of Allah(S.A.)!?

Justifying his adding a third adhān on the Fridays, he says that it was a question of ijtihad.⁽⁵⁾Ib Hajar al-haytami, in his șawaʻiq, says: “As for Ibn Masóūd, he was harbouring so much grudge against 'Uthmān, thus there was interest in deposing him.⁽⁶⁾Yet, there can be no objection against the mujtahid in his matters of ijtihad, but those accursed objectors have no

understanding and no reason.⁽¹⁾

He also said: “As for his imprisonment.lofhestāfalbhk Mats“fiodsdihatjuartang with him, after hearing about him what necessitated that, especially that both were mujtahids, there can be no objection against what one had done to the other."⁽²⁾

Justifying his performing the salāt In the complete form in Mina during the hajj, he says: “This is a question of ijtihad, and object it is ignorance, ignominy and apparant stupidity, since all the ‘ulama say that to perform the salāt in its form is allowed, not copulsory.⁽³⁾

f. The Mujtahid Ummul Mu'minin ‘A’ishah(may Allah be pleased with her)

Ibn Taymiyyah, by way of refuting the objection of the Allāmah⁽⁴⁾

in al-Amiriyyah press, Egypt, in 1322H., to which we referred.

By way of an excuse on her behalf, al-Qurtubi says: “she, a correct mujtahid, deserve reward for what she had interpretted and requitable for what she had

done, as every mujtahid in respect with the precepts is correct.'⁽¹⁾sloohcs owt eht fo serutaeF

g. The Unmatched Mujtahid and Faqih, the Unparalleled Erudite

g. The Unmatched Mujtahid and Faqih, the Unparalleled Erudite ⁽²⁾

Mu‘āwiyah ibn Abu Sufyān

h. His Minister, 'Amr ibn al-'As

Ibn hazm, in his Fasl, says, in brief: "Mu'āwiyah and those with him are mistaken mujtahids, with one reward."⁽³⁾

He also says: “Mu‘āwiyah (may Allah have mercy upon him) is mistaken, rewarded once because he is a mujtahid.”⁽⁴⁾

In an isctance he referred to Mu‘āwiyah and 'Amr ibn al-As and said: “They referred to ijtihād in matters of blood, like the ijtihād of the muflis, among whom there are those who see that the magician, and those who do not. So, what difference is there in these ijtihāds and those of Mu‘āwiyah, ‘Amr and others, except ignorance, blindness and confusion unknowingly.'⁽⁵⁾

Ibn Taymiyyah, also apologizing for Mu‘āwiyah, saying that what he had done was out of ijtihad, and added that: “He is, in that, like 'Ali ibn Abi Talib.'⁽⁶⁾

Ibn Kathir says: “Mu'āwiyah is a rewarded mujtahid, inshā’allah.⁽⁷⁾

He, after relating the story of the arbitration between 'Amr and Abu Mūsā: “He “Amr appointed Mu'āwiyah as he saw it be beneficial. ijtihad may right or wrong.'⁽⁸⁾

Ibn Hajar al-Haytami, in as-Sawāʻiqul Muhriqah, says: “It is of the opinion of the people of sunnah and the majority, too, that Mu ́āwiyah (may Allah be pleased with him) was not a caliph during the days of ‘Ali, but he was of the Kings, and the most of his ijtihad was that he got a single reward for his ijtihād, while ‘Ali

got two rewards, one for his ijtihād and one for his being right...?⁽¹⁾

Ibn Hajar, in his book: Tathirul Janani..wabhisána falinh Kl -Klhu tfarisdikaatjafavøhfli bithalbi sayyidina Mu'awiyat ibne Abi Sufyān says: “Mu‘āwiyah was rewarded for his ijtihad according the the hadīth: If a mujtahid practised ijtihād and was right he will have two rewards, and if he was wrong he will have one reward, and Mu‘āwiyah is un doubtedly a mujtahid, So, if he had been wrong in his ijtihāds he would have been rewarded, and that would not be a fault in him.'⁽²⁾Then he wrote a lengthy chapter to prove Mu‘āwiyah's ijtihad.⁽³⁾

In his aş-şawāʻiqul Muhriqah, by way of interpreting the meaning of al-bāghi [a transgerssor], he says: “In the light of the books of our later Imams: al-bāghūn [Pl. of al-bāghi] are not disobedient nor disbelievers, but they are wrong in what they do and think, and it is not allowed to impeach Mu‘āwiyah, as he is one of big Companions."⁽⁴⁾

Shaykh 'Abdul Wahhāb ‘Abdul-Latif, commenting on Tathirul Janan, after quoting from the book Diraatul Labih, says: “Many of the Companions had denounced Mu‘āwiyah’ innovations."

“Among them he mentioned events and fatwās [religious judgements] caused by what usually happen to all mujtahids, of differences of opinion or being ignorant of the texts, like which were committed by the Companions. so, they do not bring Mu ́āwiyah below the rank of the mujtahids."⁽⁵⁾

i. The Mujtahid Abul Ghadiyah, Murderer of 'Ammar

Ibn Hazm, in al-Faşl, says: "Ammar (may Allah be pleased with him) was killed by Abul Ghadiyah, Yasar ibn Sabu' as-Salami, witnessed bayʻatur-Ridwan, andso, he was of those whom Allah testified as to know what was in his heart and descended

calmness upon him and was pleased with him. So, Abul Ghadiyah (may Allah be pleased with him) was a mistaken interpreting mujtahid who transgressed him, getting one reward, but he is not like the killers of 'Uthmān (may Allah be pleased with him) because they have no way for ijtihad in justifying killing him...'⁽⁶⁾

alAsnam's suppliment. Many of the works not mentioned by Ahmad Zaki are stated in his biography in an-Najashi’s Rijal. His contemporary scholars of the the sunnah described him as to

be a rāfidi and an extremist Shľah. He died in 204 or 206H. Look up his biography in Țabaqātul Hufaz and in as-Samʻāni’a Ansab.

A similar thing was said by Ibn Hajar in his biography as shall be related shtohcoowt eht fo serutaeF

j. Mujtahids In general

Ibn Taymiyyah, answered the ‘Allāmah who said: “As to impeachments against the group, the majority have related a lot of them, such that al-Kalbi wrote about the defects of the Companions, without finding a single fault against Ahlyl Bayt to be registered.”

Ibn Taymiyyah, answering the above, said: “In most of these affairs they excuses which exclude them from being sins, and place them among the affairs of ijtihad, in which if the mujtahid was right he would get two rewards, and if he was wrong he would get one reward. What are quoted from al-Khulafā' ar-Rashidūn [the first four Caliphs after the Prophet] are, generally, of this kind.”

Then he talked at large about this subject in the pages 19-30 of the third volums of his Minhaj, retorting to manyal ‘Allamah's criticisms against the great intellectuals that they were of the ijtihād affairs.⁽¹⁾

Ibn Hajar, in his biography of Abul Ghadiy in al-Isabah, says: “It is supposed that the Companions, in all those wars, were interpreters, and the mistaken mujtahid is rewarded. If this is true of the individual people, then it is truer of the Companions with all the more reason."⁽²⁾

Shaykh 'Abdul Wahhab ‘Abdullațif, in the margin of as-Sawaʻiq, says: “All the Companions who lived in the days of ‘Ali were fighting either with him, against him or staying away from both camps and did not fight him. Some of them refrained from fighting him, among them were Inn Masóūd and Sad ibn Abi Waqqās. Among those who retired from both groups were Hudhayfah, Ibn Maslamah, Abu Dharr, ‘Imrān ibn Hsayn and Abu MūAsh'ari, and all of them interpreter mujtahids and they are not out of equity because of what they

did."⁽¹⁾

It is noted, thus, that the followers of..tohreh Shafldfish Sehood, sdfhdfujoM dhe second century of the Hijrah till this day (early 15th centyry), have unanimously believed that all the Companions were all mujtahids, and that Allah, the Exalted, rewarded them for all that they did of disputes and blood-sheddings, and that besides excusing them, He rewards them for their mischief doings.

They allege: “How a just judge he is when He repays our bad deeds with punishment, and repays their (bad deeds) with reward!”

They were unanimous on that concerning the Companions till the days of Muāwiyah, and some said: “It continued till the days of Yazid, inclusive”, as stated by Ibn Khaldūn with respect to those who survived till them. He said: “Some of them had the opinion to deny Yazid, and some judged to fight him.” He added that: “And this was the common affair of the majority, and all are mujtahids, which is not denied to either party, as their piety and being in quest of the truth are known. May Allah make us succeed in following their example."⁽²⁾

I wonder whether all of them were mujtahids just because they were in the company of the Messenger of Allah(S.A.)! If so, what about the killers of “Uthmān? Why were they not regarded as mujtahids? Ibn Hzm,after saying what he said concerning the ijtihad of Abul Ghadiyah, the killer of 'Ammar, says: “... unlike the killers of 'Uthmān (may Allah be pleased with him) because there was no way of (practise) ijtihad in killing him, since he killed no noe, nor did he war, fight, defend, commit adultary after marriage and nor was he an apostate, that it could be a justification for interpreting fighting him. Actually, they were sinners, warring, intentionally unlawful blood-shedders without any interpretation, but out of justice and transgression. So, they were accursed sinfuls.'⁽³⁾

Ibn Hajar al-Haytami says: “Many of the scholars believe that those who “Uthman were not merely outrageous people, they actually were killed arrogants for not depending on their suspicious and because they insisted on

their wrong after removing the suspicion and explaining the truth to them. Shoth vowy chody sohaassumed a doubt becomes mujtahid, because suspicion occurs to the one below the degree of ijtihād, too.?⁽¹⁾

I wonder, then, how the the killer of the Imam 'Ali was regarded as an interpreting mujtahid, while he stroke him with his sword while the Imam was performing the șlāt in the prayer niche in al-kūfah mosque, as shall be explained presently!

⁽²⁾k. The Interpreting Mujtahid “Abdur-Rahmān ibnMuljam, the killer of the Imam 'Ali

Ibn Hazm, in al-Muhalla, as well as Ibn at-Turkamini in al-Jawharun-Naqi, said (quoting the former): “There is no difference among the Imams regarding that ‘Abdur-Rahmān ibn Muljam killed 'Ali only on the basis of his interpretation and ijtihād, considering himself to be correct. To this effect `Imrān ibn hat tan, the poet of aş-Şafariyyah, says:

What a strike from a pious with no intention

But to get from the ower of the ‘Arsh His pleasure

Whenever I remember him I take him to be

The weightiest of men in balance with Allah⁽³⁾

known as Ibn at-Turkmani al-Hanafi (d. 750H.). In his Preface to the great sunan..” ie. the Sunan by Abu Bakr Ahmad ibn al-Husayn al-Bayhaqi (d. 458H.). Hāji Khalifah, in Kashfuz-Zunūn, says:

"Nothing like it has ever been written in Islam”. Look up Kashfuz-Zunūn, 2/1007.

I wonder how ‘Abdur-Rahmān ibn Muljam was regarded among the mujtahids, since was not among the Companions! I also wonder how Yazid became a mujtahid (as will be presentlly related), although he was not a Companion!

1. The Caliph and Imam Yazid ibn Mu‘āwiyah

Abul Khayr ash-Shāfi'i, describes Yazid and says: “That was a mujtahid Imam ⁽⁴⁾.

Ibn Kathir, quoting Abul Faraj⁽¹⁾

Mughith ibn Zuhayr al-Hanbali, who wrote a book on the merits of Yazid. He died in Baghdad in the year 579H.

But others did not allow it and wrote aboloblit,SsafthhaltKcasing slìhatmy chof be a means of [cursing] his father or any other one of the Companions. As to the evil deeds committed by him, they took it that he interpreted and he erred in his interpretation, and said: "Nevertheless, he was a sinful Imam, and a sinful Imam may not be deposted just because of his sinfulness, according the more correct one of the two opinions of the scholars. It is even not allowed to revolt against him, since it may cause tumult, chaos and unlawful blood shedding... As regards what had been said by some people that when Yazid heard the news about the people of al-Madinah and what had happened to them in al-Harrah at the hands of Muslim ibn Aqabah<a href="#ref-footnote2-page81" id="footnote2-page81" style="display:inline-block"><sup>(2)</sup></a><p class="footnote"><a href="#footnote2-page81" style="color:#3b82f6;" id="ref-footnote2-page81"> 2) </a>Muslim ibn Aqabah, the commander of Yazid's army during al-Harrah Battle in the city of the Messenger(S.A.).

Ibn Hajar, quoting al-Ghassāli and al-Mutawalli, in his as-Sawaʻiq, says: “It is not allowed to curse Yazid nor to accuse him of disbelief, as he is of the believers, and his affair is up to Allah's will. If He so willed He would punish him, and if He so willed He would forgive him.⁽⁴⁾

al-Mutawalli, al--Üsuli, a Shafi'i Faqih, of Naysabur, undertook teaching at an-Nizamiyyah Scool in Baghdad, died in 478H. Look up al-Kuna wal alqab, 3/119. Also look up !hyā’ Ulūmuddin byAbu Hamid al-Ghazzalli (d. 505), 3/125.

4Commentary on the ijtihaÎd of the Afore-mentionedne

a. The Messenger of Allah(S.A.)

The Messenger of Allah(S.A.) was the first to be described by the Khulafa School to have practised ijtihād, as they said in respect of the story of “Usāamh’s dispatch: “He (the Messenger) used to send out expeditions according to his ijtihād.” So, what was the story of 'Usāmah’s expedition and how the two Caliphs failed to join it?

In the Țabaqāt by Ibn sa'd, as in Ansābul Ashrāf and Uyūnul Athar and other books, it is said that: “When it was Monday, four nights left from (the month of) Şafar, in the year eleven of the Hijrah of the Messenger of Allah, the Messenger of Allah(S.A.) ordered the people to prepare to invade the Romans. Next morning he sent for ‘Usāmah ibn Zayd and told him: ‘March to the place where your father was killed and trample them underfoot (of the horses). I have appointed you commander of this army...”

When Wednesday arrived, the Messenger of Allah(S.A.) felt ill with fever and headache. On Thursday morning, he himself hand over to “Usāmah the banner of commandership. He set off and camped in al-Jurf.⁽¹⁾There remained none of the notables of the early Muhājirs and the Ansar unless he enrolled for that expedition, including Abu Bakr aş-Şiddiq, “Umar ibn al-Khattab, Abu 'Ubaydah ibn al-Jarrah and others. There was some gossip, as some said: 'He is using this lad to command the early Muhajirs!' The Messenger of Allah was furious. He came out with a head band tied on his head wrapped in a velvet blanket. He ascended the minbar and said: "What is this which reached me of some of you concerning my giving the command to 'Usamah? You had already impeached my givign the command to his father, before him. By Allah he did deserve the commandership, and his son, after him, also deserves commandership”.

Then he descended, and the Muslims who were to set out with 'Usāmah came to the Messenger(S.A.) to say farewell and join the Camp in al-Jurf. His illness became heavier, but he kept telling the people: “Carry out 'Usamah's expedition.” On saturday his state aggravated. “Usāmah came from the camp, while the Messenger(S.A.) was in fit of fainting. “Usāmah bowed and kissed the Messenger(S.A.) who did not talk. “Usāmah went back to his camp. On

Monday morning he came back. The Messenger of Allah(S.A.) had came to.

He told ‘Usāmah: “Start in thdenodtrreingrofit lehAlbabảsibil essimgsyrathesāmati took leave and went out to his camp, and his men to start moving. Then a messenger from his mother, Umm Aymun, telling him that the Messenger of Allah(S.A.) was dying. So, He returned, and with him returned “Umar and Abu “Ubaydah, to the Messenger of Allah(S.A.) who was in his last breaths, and he died while the sun was declining, on Monday, after the elaspe of twelve nights from the month of Rabi'ul Awwal."⁽¹⁾

and 'Umar were in 'Usamah's expedition were the authors of Kanzul ‘Ummas 1st ed., 5/312, Muntakhab al-kanz in the margin of Ahmad's Musnad, 4/180, quoting "Urwah, Ansabul Ashraf, in the biography of ‘Usamah, 1/474, quoting Ibn Abbas, Ibn Sa'd's Tabaqat, in the biography of “Usamah, 4/66, quoting Ibn 'Umar, Ibn Asakir’s Thadhib in the biography of “Usamah, stating:"He put him on an army where there were Abu Bakr and ‘Umar,” Al-Ya'qubi's tārikh, printed in Beirut, 2/74 in relating the Messenger's death, and Ibnal-Athir in his Tarikh, 2/123.

In Sharhun-Nahj it is stated that: “When the Messenger(S.A.) came to, he asked about “Usāmahand the expedition. He was told that they were preparing themselves. He kept saying: “Carry out ‘Usāmah's expedition. May Allah curse whoever stays back from it”, and he repeated that, So, 'Usāmah set out with the banner waving over his head, and the Companion around him, till they reach al-Jurf. There he dismounted, and with him were Abu Bakr and 'Umar and most of the Muhajirs From the Anşār there were 'Usayd ibn Hudayr, Bashir ibn Saʻd and other one of the notables. Then, came Umm Aymun's messenger saying...” as the hadīth goes.⁽²⁾

So much for 'Usamah's expedition during the life of the Messenger of Allah(S.A.) as regards after his death, 'Urwah narrated that: “When they finished the Bayʻah and the people calmed down, Abu Bakr told 'Usāmah: “Go to where the Messenger of Allah(S.A.) had told you to go.⁽³⁾

“Usāmah went as he was told, while the two caliphs, Abu Bakr and ‘Umar did not join the expedition and stayed back to manage the affairs of the Caliphate. “Umar said to 'Usāmah: “The Messenger of Allah(S.A.) died while you were my Amir [commander].” He used to say this to ‘Usāmah whenever he met him. Even after he became Caliph he continued calling ‘Usāmah (may Allah

be pleased with him): “As-Salāmu “Alayka, O Amir.” [Greetings to you, O slophieronderht fdsamadF told him: “May Allah forgive you, O Amir Mu'minin. How could you say this!” He would reply: “I will remain calling my amir as long as I live. The Messenger of Allah(S.A.) died while you were my amir."⁽¹⁾

The two Caliphs were criticised for not joining ‘Usāmah's expedition. Among the pretext offered for that was what we had already related concerning their saying that he (The Messenger of Allah) used to send out expeditions based on his own ijtihād. ⁽²⁾Consequently, it is allowed to act contrary to the Messenger's commands in the army.⁽³⁾

b. Abu Bakr's Ijtihadd

Among the instaces of Abu Bakr's ijtihad is the episode of his burning al-Fujā’ah as-Salami, as related by at-Tabari (as well as by Ibn al-Athir and Ibn Kathir), says: “A man of Banu Salim, called al-Fuja'ah_who is Bujayr ibn ’Iyās ibn Abdullah ibn Abd Yālayl ibn 'Umayrah ibn Khaffaf⁽⁴⁾came to Abu Bakr and said to him: “I am a Muslim and I want to fight the renegades of the unbelievers. So, carry me and help me.” Abu Bakr carried him on a mount and gave him weapon. He went out attacking the people, both muslims and apostates, confiscating their propesties, and killing whoever opposed him. He was Accompanied by a man of Banu ash-Sharīd, by the name Najahah ibn Abil Mithā', When Abu Bakr heard about him, he wrote to Turayfah ibn Hājir⁽⁵⁾.That: “Al-Fujā’ah, enemy of Allah, came to me claiming to be a muslim and asked me to sterngthen him against the renegades who deserted Islam. I gave him mount and weapon, then it has come to me from reliable sources that he was attacking the people, the Muslims and the renegades, taking their properties and killing whoever opposed him. So, march to him with the Muslims who are with you, and kill him, or capture him and bring

him to me.' Țurayfah ibn Hājir marched to him, and the people met, and brey threws at each other. Najdobralitribm-Abfill Mhit liā’dulaisjikai hitedobyraamerarnow thrown at him. When Fujā'rahrealized that is was serious on the part of the Muslims, he said to Turayfah: 'By Allah, you are not more entitled than me. You are a commander of Abu Bakr and so I am.' Turayfah said: If you tell the truth, put down your weapon and come with me to Abu Bakr.' He did so, and they came to Abu Bakr. Abu Bakr said to Turayfah: “Take him to this Baqi [a cemetry] and burn him in fire.' Turayfah took him to the musalla [The place for salāt), made a fire and threw him into it.”

In a narrative before that, at-Tabari said: “He made a fire of plenty of wood in the musallah of the town and threw him into it, shackled.”

Ibn Kathir’s text reads: “His hands were tied behind his back and he was thrown into the fire, and was burnt tied up.'⁽¹⁾

Abu bakr, however, repented that did of his. In his death illness he said: “Three things I did I wish I did not do them: I wish I had not exposed Fāțimah's house for any thing, even if they had shut it for war, I wish I had not burnt al-Fujā’ah as-Salami, as I could have killed by dismissal, or sent him away sound, and I wish, on the day of as-Saqifah of Banu Sāʻidah, I had thrown the amr on the neck of one of the two men _ meaning “Umar and Abu 'Ubayda.'⁽²⁾

Abu Bakr was objected on that, since the judgement against a corrupt like al-Fujā’ah was clearly stated in the Qur'ān, in the ayah: “The punishment of those who wage war against Allah and his Messenger and strive to make mischief in the land is that they should be killed or crucified or their hand and their legs should be cut off on opposite sides, or they should be expelled from the land. This shall be a disgrace for them in this world, and in the hereafter they shall have a great torment.” (sūratul-Ma'idah:33). In some narratives from the Messenger of Allah(S.A.), as in al-Bukhāri's Sahih and Ahmad's Musnad, he had prohibted burning people: “No noe is to punish by it except the Lord of fire."⁽³⁾

56, book of “Good manners", Ch. on “Killing small ants”, hadith 2568, Vol. 4/367-8. Al-Bayhaqi, 9/71-2.

it except Allah” and “No one punishes by fire except its Lord.” slooms osvaldo fusotiedaeb have said:“Whoever changed his religion kill him and “It is unlawful (to shed) the blood of a muslim who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, except in three (cases): adultery after marriage, in which case he is to be stoned; the one who sets out fight against Allah and His Messenger, in which case he is to be killed, hanged or expelled from the land; and the one who kills a person, in which case he is to be killed for that.⁽¹⁾

The scholars justified his contradicting the explicit texts in this case, saying that: “His burning Fujā’ah as-Salami was a mistake in his ijtihād, and how many like the mujtahids have!⁽²⁾

Furthermore, his fatwā concerning the Kalalah may be mentioned.

Al-Kalālah is the deceased who has no son and no father among his heirs, and his heirs are also called al-Kalalah.”⁽³⁾

The Glorious Qur’ā in Sūratun-Nisā’, āyah 12, says: “... And if a man (or a woman) leaves property to be herited by neither his father nor a son, and he (or she) has a brother or a sister, then each of them shall have one-sixth; but if they were more than that, they shall be sharers in one-third.”⁽⁴⁾

The ayah 176 says: “They ask you for a decision of thelaw Say: “Allah gives you a decision concerning the Kalalah; if a man dies (and) he has no son, and he has a sister, she shall have half of what he leaves, and he shall be her heir if she has no son; but if their be two (sisters) they shall have two-thirds of what he leaves. And if there are brothers, men and women, the male shall have the like of the portion of two females. Allah makes clear to you, lest you err, and Allah is the Knower of everything."⁽⁵⁾

Asked about this, Abu Bakr (may Allah be pleased with him) said: “I will say what is in my opinion. If it is right, then it is from Allah, and if it is wrong, then it is from me and from the satan, and Allah and His Messenger are innocent from it. I see that it is other than the son and the father. When 'Umar (may Allah be pleased with him) succeeded him, he said: “I am ashamed of

Allah to reject what had been said by Abu Bakr.⁽¹⁾

Once he said: “Al-Kalalah isddnoitmenvehof Aashinfo shahitjf ⁽²⁾ent no yratnemmoC

Furtheremore, there is his answer concerning the heritage of the grandmother, as stated in al-Muwatta' by the Imam of the Mālikis, ad-Darimi's Sunan, Abu Dawūd's Sunan, Ibn Mājah's Sunan, and other sources. We quote here the text of al-Muwatta', It says: “A grandmother came to Abu Bakr as-Siddiq demand her share of the heritage. Abu Bakr said: “You have nothing in the Book of Allah, nor have I seen in the tradition of the Messenger of Allah anything for you. Return (home) till I ask the people. Asking the people about that, he was told by al-Mughīrah ibn Shu bah: 'In my presence, the Messenger of Allah(S.A.) gave her one-sixth.' Abu Bakr said: 'Is there any one else supporting you?' Muhammad ibn Maslamah al-Ansāri stood up and repeated what al-Mughîrah had said. So, Abu Bakr enforced it...”, as the hadīth 9 goes.⁽³⁾

In the biography of Abdur-Rahmān ibn Sahl in al-Istiab, 'Usdul Ghābah, al-'Isabah and al-Muwatta’ by Mā lik, it is said, as we briefly state below. They say: “Two grandmothers, paternal and maternal, came to him (AbuBakr). He gave the heritage to the maternal grandmother, excluding the paternal grandmother. 'Abdur-Rahmān ibn Sahl, of Banu Hārithah, said: 'O Successor of the Messenger of Allah! You gave the one who, if she died he would not inherit her.' So, he divided it between them, ie. one-sixth.'⁽⁴⁾

Another episode is the story of killing Mālik ibn Nuwayrah and marrying his wife on the same night. Mālik ibn Nuwayrah, at-Tamimi al-Yarbūʻi, known by the agnomen of Abu Hanzalah and nicknamed: al-Jafūl. He was an honourable poet and a warrier of Bani Yarbū' during al-Jahiliyyah. and one of their nobilities. On his adopting Islam, the Messenger of Allah(S.A.) appointed him as collector of Charities of his people. When the Prophet(S.A.) died, he withhold the charities and distributed among his people, and said:

I said: “take your properties”, having no fear

Nor caring for what tomorrow will bring near

When the fearful religion was attended to.⁽¹⁾

sloohes Wörschitdfoteheadligion is Muhammad's" and listened to

At -Tabari's Tarikh, quoting ‘Abdur-Rahmān ibn Abu Bakr, says: “When Kahlid camped in al-Bitāḥ⁽²⁾, he dispatched Dirār ibn al-Azwar⁽³⁾on a company (of soldiers) and with him was Abu Qatādah⁽⁴⁾. They assulted the people of mālik at night.

Abu Qatādah used to say: “They have raided the people and frightened them at night, so, they took their weapon, and said:

“We are Muslims."

They said: “We are Muslims, too."

We said: “Then, why do you have weapons with you?”

They said: “Then, why do you have weapons with you?”

We said: “If you are as you say, then put down you weapons.'

He said: “They put them down, then we performed the salāt and did SO.':⁽⁵⁾

Ibn Abil Hadid, in his Sharh, says: “When put down their weapons, they were tied up as prisoners of war and brought up to Khālid.”

In al-Işābah it is said: “Khālid saw Māki's wife, and she was supremely beautiful. Mā lik said to her afterwards: “You have killed me!” That is I will

be killed because of you.⁽¹⁾

Al-Ya'qūbi, in his Tarikh, saysdenoit Hameerdfe scw fbatah itjililhachdisraamehsnod“By Allah I would not get what is under your custody until I kill you."⁽²⁾

In Kanzul'Ummāl it is said: “Khalid ibn al-Walid claimed that Mālik ibn Nuwayrah had deserted Islam, according to what he had heard about him, Mālik denied that and said: “I am still on my Islam, changed nothing and altered nothing.” Abu Qatādah and ‘Abdullah ibn 'Umar gave their testimony to that. Khālid advanced him and ordered Dirār ibn al-Azwar al-Asadi to kill him. Khālid took his wife, umm Tamim, and married her."⁽³⁾

In Wafayatul Ayān, Fawatul Wafayāt, Abul Fidā’s Tarikh and Ibn Shihna's, quoting the first of them, it is said: "Abdullah ibn 'Umar and Abu Qatādah al-Ansāri were present. They talked to Kahlid about him. He disbelieved their talk. Mālik said: “O Khālid, send us to Abu Bakr, and he will judge us, as you had sent to him othe than us whose crimes were bigger than ours.” Khālid said: “May Allah release me not if I release you.” and he ordered Dirār ibn al-Azwar to behead him. Mālik then turned to his wife and said to Khālid: “This is the one who killed me”, as she had a marvellous beauty. Kālid said: “No, it was Allah who killed you because you had turned back from Islam.” Mālik said: “I am still a Muslim.” Khālid said: "Dirār! behead him!” He was beheaded, and his head was used as a stone for a trivet. He was a prolific peot."⁽⁴⁾Khāmarried Mālik’s wife, Umm Tamim, daughter of al-Minhāl, the very same night.⁽⁵⁾

Abu Zuhayr as-sa'di said a poem about that, saying that Khālid had formerly a liking to her.⁽⁶⁾

Al-Minhāl and a relative of him, passing by the body of Mālik ibn Nuwayrah, after that Khālid had killed him, he brought out from his sack a

shirt, wrapped the body in it and buried it.⁽¹⁾

slooAds Katqalbi fai Behitaefarikh, says: “Abu Qatādah joined Abu Bakr and to him about the event, and swore that he would not walk under Khālid's banner, because he had killed Mālik (who was) a Muslim.”

According to the narration of Abdur-Rahn ibn Abu Bakr, as stated by at-Tabari: “Among those who testified to Mālik’s Islam was Abu Qatādah, and he had avowed never to attend any battle with Khālid.”

Again al-Ya'qūbi in his Tarikh, says: “Umar ibn al-Khattāb said to Abu Bakr: “O Successor of Messenger of Allah, Khālid has killed a muslim man and married his wife the very day.” Abu Bakr wrote summoning Khālid. He said: “O Successor of the Messenger of Allah! I have interpreted⁽²⁾and I was right or wrong.”

In Wafayātul A'yān, as in Abul Fidā’s Tarikh, Kanzul 'Ummāl and others, it is stated: “When Abu Bakr and 'Umar heard about that, “Umar said to Abu Bakr: “Khālid has committed adultery, stone him.' He said: “I would not stone him, because he interpreted and made a mistake.” He said: “Then depose him.' He said: “I would not sheathe a sword unsheathed by Allah.'"

At-Tabari, quoting ‘Abdur-Rahmān ibn Abu Bakr, says: “When 'Umar ibn al-Khattāb heard that they werekilled, he talked with Abu Bakr about it at length, saying 'The enemy of Allah, he transgressed a Muslim man, killed him and jumped on his wife. Khālid ibn Walid came back and entered the mosque, wearing a garment with iron rust on it, and on his head a turban, in which he inserted arrows. When he entered the mosque, 'Umar came to him and plucked the arrows out of his turban and broke them, and said: ‘Hypocricy! You killed a Muslim man and jumped on his wife! By Allah, I will stone you with your stones,' but Khālid ibn al-Walid said nothing, thinking that Abu Bakr's idea about him was like “Umar’s. But when he entered, he told Abu Bakr the news and apologized. Abu Bakr accepted his apology and forgave him for what had happened in that war.”

The narrator says: “Khālid left after that Abu Bakr was pleased with him. He saw ‘Umar sitting in the ndosqiu entdeofaidht ofobimhitji'@lamo jomtinesomaf Umma Shamlah.” “Umar realized that Abu Bakr had forgiven him, so he did not talk to him and entered his house."

In Wafayātul Ayan and al-Ya'qubi's Tarikh it is stated that: “His brother, Mutammin ibn Nuwairha, Abu Nahshal, was a peot. He elongated him in many of hispoetry. He joined Abu Bakr in al-Madinah and performed the Morning salāt behind him, and, after that Abu Bakr had finished his salāt, Mutamim stood up next to him and recited:

What a wonderful one you killed, as the winds mouned

Behind the houses, O you son of al-Azwar

Did you call him to Allah, they you betrayed him

Had he called you, on oath, he would not have betrayed!

and he pointed to Abu Bakr (may Allah be pleased with him), but Abu Bakr said: “By Allah, I did not call him, nor did I betrayed him”, etc. As the h adīth goes.

That was the story of the murder of Mālik, and Khāli's marrying his wife on the day of his death. Khālid had interpreted concerning a Muslim who performed the salāt and, consequently, captured him, then he interpreted and, consequently, killed him, then he interpreted Concerning his wife and, consequently, married her on the day of his death, then Abu Bakr interpreted and, sonsequently, exempted him from retaliation, then he interpreted and, consequently, dropped the penalty against hism. The two Companions had practised ijtihad and were wrong, and each one of them got a reward for every mistake, while the Companion ‘Umar got two rewards, as he practised ijtihad and, consequently, judged that Khālid should be stoned, and was right. As regards Mālik ibn Nuwairah, The Companion and the agent of the Messenger of Allah(S.A.) he could have no reward for being captured, and no reward being killed, since he was captured and killed by Khālid ibn al-Walid, the great leader!

c. Explaining what had been said concerning the Ijtihād of the Caliph 'Umar

At-Tabari, in the Chapter: “His carrying the revenue and establishing account books” in the biography of “Umar, in stating the events of the year twenty-three, of his Tārikh, says: “He is the first in Islam to keep an account book, in which he registered the people according to their tribes, and granted them alotments;

Then he says: “Umar ibn al-Khattab (may Allah be pleased with him) consulted the Muslims in keeping accounts. Ali ibn Abi Tālib adviced him: “Distribute every year whatever money accomulated with you, and do not retain any thing

of it.' 'Uthmān said: “I see too much money that is enough for the people, and sfoohey cartee htofo sounted to know who has received and who has not, Dana afraid it will spread.' And Walid ibn Hisham ibn al-Mughirah said: “O Amirul Mu'minin, I came to ash-Shām and saw its kings had written a register and they enlist the soldiers. He agreed, and called 'Aqil ibn Abi Tālib, Makhramah ibn Nawfal and Jubair ibn Mut’in, who were genealogists of Quraysh, and told them: “Register the people according to their ranks...”etc.⁽¹⁾

al-Mughirah, Probably he is al-Walid ibn al-Walid ibn al-Mughirah. Look up his biography in 'Usdul Ghābah, 5/92. Ansab Quraysh, p. 322. ‘Aqil ibn Abi Taalib died in the days of Mu'awiyah,his biography is in ‘Usdul Ghabah, 3/412. Makhramah ibn Nawfal al-Qarashi az-Zuhri: his biography is in ‘Usdul Ghabah, 4/337. Jubair ibn Mut'im al-Qarashi an-Nawfali died after 50H.

His biography is in “Usdul Ghābah, 1/271.

Ibn al-Jawzi, relating the history of “Umar, gives details about his allotments and preferring some to some. He says: “He allotted twelve thousand dirham to al-Abbās ibn 'Abdul Muttalib. He allotted ten thousand dirham to each of the Messenger's wives, preferring ‘A’ishah by two thousand dirhams. To each of the Muhajirs who attended the Badr Battle he allotted a sum of five thousand dirhams, and to the anşār who attended the battles after the Badr Battle four thousand each.

It had also been said that he allotted five thousand to every one of all tribes who attended the Badr Battle. To those who attended the Uhud and after battles up till al-Haybiyyah, four thousand each. Then he allotted to those who attended the battles after al-Hudaybiyyah three thousand each. To all those who attended the battles after the death of the Messenger of Allah(S.A.) two thoused, one thousand and five hundred, one thousand, down to two hundred. This continned till he died.

To the women of the Badris he allotted five hundred each, while to the women of after Badr till al-Hudaybiyyah he allotted four hundred, and to the women after that three hundred, while he gave to the women of al-Qadisiyyah two hundred. Later on he allotted equal sums to all women.'⁽²⁾

Al-Ya'qūbi's narration differs from this. He says: “... and to the people of Mecca, such as the notables of denonaysim, esu alst Abda 1⁽¹⁾'⁽²⁾

In this way he gave priority to some against others in allowances, such that some allowances amounted to sixty times more than what he gave to others, such as the allowance of Ummul Mu'minin ‘A’ishah, which was twelve thousand, compared with the two hundred allotments (given to some women). In this way the calss order within the Islamic comminity, contrary to the tradition of the Messenger of Allah(S.A.). Consequently, wealth accumulated in one side, and poverty appeared in another, and there appeared a luxurious and a wealthy class who took to a lazy life. It seams that 'Umar did realize the dangers of the Matter late in his life. In this respect at-Tabari quotes his saying: “Should I have of my coming days what I left behind, I would have taken the surplus of the rich and given it to the poor of the Muhajirs»⁽³⁾

He also wished _Among other ones_to give preference to the poor of the Muhajirs to the poor of the Ansar and of other Muslims.⁽⁴⁾

Among other disadvantages of distributing the treasuryin the form of annual allowances is that the Muslims became, consequently, under the pressure of the rulers, who got used to discontinue the allowances of those opposed them, and to increase the allowances of those who supported them, as happened in the days of 'Uthmān, and in the days of Ziyad and his son, “Ubaydullah during their governing al-Kūfah.⁽⁵⁾

Ziyad's mother, Sumayyah, was a slave girl of al-Harith ibn Kaldah ath-Thaqafi, the phiician.she was a prostitute of the “Banner holders” in the town of at-Ta'if, in the brothel, in the

outskirts of the town, paying the requird tax to al-Harith. He had married her to a Roman boy-slave of his, named 'Ubayd. In one of Abu Sufyan's trips to at-Tā’if, he told Abu Maryam, the

wineshop keeper, to fetch him a prostitute. He brought him Sumayyah. She got conceived with Ziyad, and gave birth to him in the first year of the Hijrah, while she still was 'Ubayd's wife. so he was regarded the child's father. As the child grew up to manhood, he worked for Abu Musa in al-Basrah as a clerk, then he was appointed ruler to ar-Ray. There Muāwiyah Joined him to Abu

Sufyan and was named Ziyad. But those who were reluctand to call him so on the days of “Ummiads, called him Ziyad ibn Abih [Ziyad the sone of his father]. Mu'awiyah appointed him as ruler of al-Basrah and al-Kufah. Then, when he refused to take the bay ah for Yazid..., he suddenly died in al-Kufah in the year 53H. Look up Ahadith Ummul Mu'minin ‘Aishah, pp. 255-61.

His son, 'Ubaydullah, was the son of a slave-maid called Marjānah. He was born in al-Basrah in the year 28.H Mu'awiyah appointed him as the ruler of Khurasan, after his father, in the year 53H. Then he transfered him to al-Basrah as its ruler inthe year 55H. In the year 60H. Yazid placed al-Kufah under his governorship, so as to fight al-Husayn(A.S.), who, together with his family, were killed in the year 61H. 'Ubaydullah was killed by Ibrahim ibn al-Ashtar, the leader of al-Mukhtar's army, in Khāzar, in 76H. Refer to at-Tabari's al-Fahrist, p. 366.

5 The IjtihaÎd of the Calipha Abu Bakr and 'Umar in the Khums

Among the cases in which the two Caliphs Abu Bakr and'Umar practised ijtihād was their refusing to pay the Khums due to Ahlul Bayt, as was said, and particularly what was due to Fātimah(A.S.), the daughter of the Messenger of Allah(S.A.). But before knowing how their ijtihād was in this respect, we have to study:

First: The linguistic and religious concepts of: az-Zakāt, charity, al-fay?, as-Saafiy, al-anfāl, al ghanimah, and al-Khums. Second: The question of the Khums and the right of the daughter of the Messenger(S.A.) in the days of the Messenger(S.A.), in particular.

1 and 2 The Zakāt and the Charity:

Az-Zaka(A.S.)t linguistically means: purity, growth, blessing and praise⁽¹⁾, such as the ayah: “... Which of them has purest food,”⁽²⁾or the narrative quoted from the Imam al-Baqir(A.S.) who said: “The zakāt of the land is its aridity⁽³⁾, ie. its aridity is purity' or the Imam 'Ali's saying: “Knowledge yazkū [grows] by spending (it)⁽⁴⁾. Their expression: “Zakaz-Zarʻu” means: “The plants grew plentifully.⁽⁵⁾Allah, the exalted, says: “... those who attribute purity to themselves”⁽⁶⁾, ie. those who praise themselves.

The religious concept of the zakāt denotes what aperson takes out of Allah's share and gives it to its deservers. It is called so because one hopes for blessings, or because it is a kind of taskiyah for the soul, that is: it leads to the soul's growth in good and blessings, or because of both of them, since both of

them are included.⁽¹⁾

slookakkawis echt fansitiwae Ferb, meaning: He paid the zakāt of his property.

This was a summary of what the linguisties say in explaining the meaning of zakat⁽²⁾

As regards Sadaqah [Charity], Rāghib in his Mufradāt says: “As-Sadaqah is what a person takes out of his wealth, intending Proximity (to Allah0, like the zakāt, but the Sadaqah is originally said to what is voluntarily given out as charity, while the zakāt is given as an obligation."⁽³⁾

At-Tabarsi, in Majma'ul Bayan, says: “The difference between the Șdaqaah and the zakāt is that the latter is incombent, while the former may either be an obligation or paid voluntarily.'⁽⁴⁾

So, it is noted that incumbency is observed in the case of the zakāt, referring to Allah's portion of the wealth, while in the Sadaqah woluntariness is observed, ie. giving out charity for the pleasure of Allah, the exalted. It may aslo imply having mercy on the receiver of the charity, as the saying of Yusuf's brother: "... and be cahritable to us”.⁽⁵⁾

Now as incumbency is observed in the zakāt, ie. Allah's portion in the wealth, it is noted that it never diverse kinds of obligatory charities, such as the obligatory Khums etc. out of all that had been imposed by Allah upon his servant's wealthe.

This is evident in the letter sent by the Messenger of Allah(S.A.) to the kings of Himyar, in which he said: “... And you paid the zakāt of the spoils Allah's Khums, the share of the Prophet and His sincere freind, and the charity Allah had imposed upon the believers.'⁽⁶⁾

The preposition “of” after “zakat” is meant to explain the kinds of the zakāts stated after it, as to be:

a. Fifth of the spoils.

b. The share of the Prophets, His chosen one.

c. The charities Allah had imposed upon the believers, ie. the incumbent part of charity. smuhK eht ni ramUʻ dna rkaB ubA fo dahitji eht

Thus, the obligatory charity is counted as to be a part of the zakāt. Allah, the exalted, had confined charity tothe following eight occasions, as stated in the ayah: “Charities are only for the poor, and the needy, and the collectors (of the charities), and those whose hearts are to attracted (to Islam), and for (ransomimg the) captives, and those who are in debt, and for the sake of Allah, and the (poor) wayfarer, as an ordinance from Allah. And Allah is Knowing, Wise."⁽¹⁾! But the zakāt is not confined to any particular instance. It is mentioned along with the salāt in twenty-five ayahs of His Glorious Book.⁽²⁾Whenever the word zakāt was stated combined with the word salāt, in the speeches of Allah or His Messenger, it is meant to denote Alla's absolute share in the wealth, which include His share of the minimum amounts of gold and silver coins, grazing livestock, agricultural yield, ie. the ordained charities, which include His share of the spoils, that is, the Khums and His shares in other than that.

If the zakāt was combined in their speeches with Khums it meant the obligatory charities in particular, similarly if it was annexed to any particular species liable to the zakāt, such as: The zakāt of the livestock, or the zakāt of the gold and silver currencies. The person in charge of the charities is called, in the hadīths and the traditions, the musaddiq⁽³⁾not the muzakki. The person who gives out the charity is called the mutasaddiq ⁽⁴⁾

ones, such as al-Muttaqi and kanzul “Ummal, is not to be considered.

prohibiting the zakāt to the Messenger of Allah(S.A.) and his offspring...⁽¹⁾Thomshowstahedoi petlntise chapter eight hadīths stressing that the sadaqah (mot the zakat) was prohibited to them, as he said. Consequently, all the ayahs of the Qur'ān like: “keep up the salāt and pay the sakāt”⁽²⁾, enjoins, first, keeping up all that is covered by the salāt, be it the daily salāt, şlātul ayat or othe șlāts, and, second, enjoins paying Alla’s share in the wealths, be it his share in instances of obligatiory charity, His share in instances of Khums or else.

Similar is the meaning of the narrative quoted from the Messenger of Allah(S.A.) saying that: “If you paid the zakat of your wealth, then you have settled the payment of what you have to."⁽³⁾That is to say, you have paid Allah's share in your wealth, ie. if you paid all that is due to Allah you have settled all your monitory obligations to Allah. He was also quoted to have said: “Whoever gained wealth, he will not have to pay any zakāt until a full year has passed.'⁽⁴⁾That is, there is no share for Allah in it. It is also stated in the hadīths quoted from Ahlul Bayt(A.S.) that: “In the wealths zakāt is due”.⁽⁵⁾It maybe that the reason for the ambiguity in the opinions of the people about that is the fact that asthe Caliphs had dropped the Khums after the Messenger of Allah(S.A.), there remained no applicable corroboration to support the zakāt other than the sadaqah, and thus, the Khums was forgotten day after day, and the word zakāt stirs nothing in our minds, nowadays, except the şadaqahs!

3. Al-Fay':

Al-fay, linguistcally, means: to return, such as describing the returning of the shadow after the sun turning off the meridian.

Religiously it means _ as is stated in Lisānul 'Arab : “The properties of the Kuffars [the disbelievers] which have been gained not as a result of war”, or: “What Allah, the exalted, has returned to the people of His religion of the properties of the oposers of the people of His religion, without warring, either as a result of their evacuating from their homeland and leaving them to the Muslims, ar as a result of concluding a reconciliation against paying tributes to ransom their blood-shedding. so, such tributes are called fay’ in the Book of

Allah"⁽¹⁾

Allah, the exalted. says in sū sanhulk-Idahni JamWhadeværkaBhuba fostbabájloeht Messenger from the people of the towns in for Allah and for the Messenger and for the near of kin and the orphans and the needy and the welfarer...”

The said ayah, and the whole sūrah of al-Hshr, have been revealed in connection with the case of Banun-Nadir Jews, who had disavowed their covenant with the Messenger of Allah(S.A.), with the intention of treacheroulsy assassinate him by way of throwing a rock on him, while he, with ten of his companions, were going to them, This plot was disclosed to him by revelation. So, he left as if to relive himself, but he returned to al-Madinah. As he was late, his companions returned and joined him. He told them of the treacherous conspiracy and ordered the Jews to evacuate. They refused and remained for fifteen days behind their fortifications, then they accepted, provided that they may take their moveable properties, except weapons with them. They went, with 600-camel loads, to Khaybar and other places. So, all that they left behind of weapons, lands and palm-plantations belonged to the Messenger. “Umar said to him: “Will not you take one-fifth of that?” That is,take a fifth and distribute the rest among the Muslims. The Messenger of Allah(S.A.) said: “I will not give away what Allah has given to me with the exclusion of the Muslims, according to the ayah: “Whatever Allah has restored to His Messenger..."

Al-Waqidi and other said: “He used to spend on his family from banun-Nadir. It was completely his, and he gave to whom he wanted, and did not give to whom he did not like to give. He appoind his slave, Abu Rāfi'⁽²⁾

Abu Rafi' is Ibrahim or Sālih. It is said that he was a Coptic slave belonged to al-'Abbās who gave him to the Prophet. The Prophet set him free and married him to his slave-maid, Salma. He adapted Islam in Mecca and took part in the Uhud Battle and the battles after it. His son, Rafi',used to do clerical work for ‘Ali(A.S.). He died during ‘Uthman's days or after. Usdul-Ghabah, 1/41 and 77.

4. Aş-Şafiy

slooAs-Safiyeltpfoşafīyātuels his exprssion was used durnig the Ignorance Elalto denote the portion taken by the chief from properties plundered from the enemy, before dividing them. According to the Islamic Shariah, it denoted what was exclusively for the Messenger of Allah, excluding other Muslims. It covered movable and un movable properties, such as estates and real propeties. This did not include his share of the Khums⁽¹⁾. The above information are derived from the following:

Abu Dāwūd,in his sunan, quotes the Caliph 'Umar to have said:

a. The Messenger of Allah had three safaya: Banu an-Nadir, Khaybar and Fadak... as the hadīth goes.

b. In another hadīth quoting him, too, it is said that: Allah, the Exalted, bestowed upon His Messenger(S.A.) a favour which He bestowed upon no one else of the people, as He said: “And whatever Allah restord to His Messenger from them, you did not press forward against it any horse or a riding camel, but Allah gives authority to His Messengers over whom He wills, and Allah is capable of (doing) everything,"⁽²⁾and Allah had given (the properties of) Banūn-Naddir to His Messenger... as the hadīth goes.

c. In another hadīth, after reciting the above-mentioned ayah, he said: “These exclusively belong to the Messenger of Allah Arab towns: Fadak and so-and-so, and so-and-so.”

Abu Dāwūd, quoting az-Zahri, narrated that he had said: “The Prophet made peace with the people of Fadak and other towns, while he was besieging other people. They sent to him for peace> He said: 'you did not press forward against it any horse or a riding camel,' he says: 'without fighting', he said: 'Bunū-Nadir exclusively belonged to the Prophet since he did not conquer it through fighting (he conquered it peacefully). Consequently, this proves that the researcher, Ibn al-Athir, was not right in saying, under the entry "safa’ in Nihāyatul-Lughah, that: “The safi was what the chief of the army used to select from the spoils for himself before dividing them, and this was called: aş-Şafiyyah (pl. şafaya), hence ‘A‘isha's hadīth, saying that: şafiyyah (may Allah be pleased with her), meaning Safiyyah bint daughter of Huyay, as she was among what Prophet(S.A.) had selected from Khaybar's spoils. șafiy and safāyā are repeatedly mentioned in the hadīth.

He said: “In a hadīth from ‘Ali and al-Abbās: They called on 'Umar (may Allah be pleased with him) while they were disputing about the Sawafi which Allah had restored to His Messenger(S.A.) from the properties of Banūn-Nadir. As-Sawāfi are the properties and the lands which had been evacuated by their

owners or because they died without having heirs. The singular is: şāfiyyah.All Azhari said: “The estates whighuhtke esultár rasalectindiankdBsuolasto arachichibti. aş-Şawafi."

Al-Azhari and Ibn al-Athir were quoted, in this respect, by the linguistics who came after him, such as Ibn Manzūr, in his Lisānul ‘Arab, under entry: sfā.

The gist of what they say is: As-Safiy (pl. as-Safaya) refers to whatever the chief selects from the immovable spoils of the war. Aş-Şafiy (pl. aş-Şafaya) is what the sultan selects of lands and estates. We do not know how that could happen, whereas we noted that the Caliph ‘Umar described Fadak, Khaybar other Arab villages as to be the sayā of the Messenger of Allah.

We may also note that Abu Dāwūd⁽¹⁾(d. 275H.),in a chapter titled: “Chapter on the sfayā of the Messenger of Allah”, in his Sunan, referring to those villaves which had been mentioned by ‘Umar and others.

It is noted that the said classification was taken from al-Azhari ⁽²⁾

pillage. So, his definition is not a religious one and cannot be used to interpret the relevant noble hadith.

To sum up: sfaya, which is the plural of as-Safiy, was used, up till the days of Abu Dawūd, to denote whatever was exclusively given to the Messenger of Allah, including wealths, lands and properties.

5. Al-Anfal

The anfāl is the plural of the nafl, which linguistically, means: a gift, a sloosentowlt alscoreanse lan increase or an addition to the incumbent. Naffalahu naflan or tanfilan, and nafalahu and anfalahu 'iyyahu, mean: He gave him a nafal, ie: an accession. Simlarly, the nawafil of the salāt means the voluntary salāt which one perform in addition to the compulsory salāts.⁽¹⁾

The word anfāl was used for the first time in the Islamic shari'ah in the Sürah of al-Anfāl, as Allah, the exatled, says: “And they ask you about al-anfāl...” This sūrah was revealed when the Muslims waded through their first warring battle under the banner of their great leader, the Messenger of Allah(S.A.) in the Great Badr Battle, in the second year of the Hijrah. It ended with the Muslim's crushing victory over Quraysh. Differing about the spoils which they took from the enemy, the Muslims referred to the Messenger of Allah(S.A.) tosettle their difference. There and then the first glorious ayahs of sūrah of al-Anfāl were revealed: “They ask you about the spoils of war. Say: “The spoils belong to Allah and the Messenger. So, practise Taqwa and settle (diffirence) among you and obey Allah and His Messenger if you are believers,” etc.

Ibn Hishām in his Sirah_as well as at-Tabari in his Tarikh, Abu Dāwūd in his Sunan⁽²⁾and others_ says: “The Messenger of Allah(S.A.) issued his order in the army to collect what had been taken by the people. The Muslims differed about it. The one who collected it said: “It is for us.' Those who fought the enemy and collected the spoils said: ‘By Allah, had it not been for us you would not have got them, it was we who engaged them, that you could lay your hand on them. Those who were guarding the Messenger of Allah(S.A.), lest the enemy come around to him, said: “By Allah, you are not more entitled

to them than we are. We could have fought the enemies and killed had Allah granted us their shoulders , and we, then, could have taken the properties after that there had been no one to rpotect them. But we were worried about the Messenger of Allah(S.A.) lest the enemy should attack him, so, we stood defending him. Therefore, you have no more right to them (the spoils) than we have.⁽³⁾

Again Ibn Hishām, quoting ‘Ubādah ib as-Sāmit, narrates that he had said, concerning sūrah of al-Anfāl: “It was revealed because of us, the people of Badr, when we differed about the spoils and we could not behave ourselves. So, Allah extracted them out of our hands and granted them to the Messenger of Allah(S.A.), who divided them among the Muslims equally.”

He also quoted Abu usayd as-Sādi who said: “On the Badr Day I got the sword of Banu “Ā‘idh al-Makhzamik,Kwehichi was badledrkak Blarbaato BuntitjWbbeñi the Messenger of Allah(S.A.) ordered the people to return what they had taken of the spoils, I came and threw it on the spoils.”

Ibn Hishām adds: “Then the Messenger of Allah(S.A.) returned to al-Madinah, with the war prisoners of the polytheists. On the way, leaving the aş-Safra' passage, he settled on a hill, where he equally distributed the spoils which Allah had bestowed upon the Muslims from the polytheists.⁽¹⁾

'Ubadah ibn as-Samit, Abul Walid al-Ansari al-Khazraji, attended the First and Second al-Aqabah and all the Battles of the Messenger of Allah(S.A.). He was one of the chiefs al-Ansar. He learnt the Qur’an by heart during the life of the Prophet. He died in 34 or 45 in ar-Ramlah or in Bayitul Maqdis. Look up his biography in Usdul Ghabah, 3/107.

Abu Usayd, Malik ibn Rabi'ah al-Ansary al-Khazraji, attended the Badr Battle and the later battles. He died in the year 60 or 65H. Look up his biography in Usdul Ghābah, 4/279.

Banu ‘Afidh ibn 'Abdullah ibn Makh zum. They were from Quraysh, as stated in Nasabu Quraysh by Mas'ab az-Zubayr, p. 299.

Aş-Şafra' passage is in aş-Şafrā valley, aday's travelfrom al-Badr. see Mu'jamul Buldan.

It can be gathered from what had been related that Allah, the Glorified, by using the word al-anfāl in the noble ayah, He meant its linguistic meaning: a gift or a present. That is, He wanted to say that: what you had laid your hands upon of the enemy's propeties, were not counted of the plunders and loots which were usually taken during the jahiliyyah as so. They were gifts from Allah. So they belonged to Allah and His Messenger, and you should return them to His Messenger so that he might do with them as he wished.

Consequently, we can reconize the reason for using the word anfāl by the Imams of Ahlyl Bayt in their hadīths, denoting (Everything which was gained fromthe house of war without fighting, and every piece of land which its people evacuated without fighting, and the plantations belonging to the kings without being usurped, and thickets, valleys, waste lands and the like.⁽²⁾- All of these are gifts from Allah to His Messenger, then to the Imams after him. By this later usage, the anfāl became, in the Islamic tradition of the Imams of Ahlul

Bayt, a word denoting what have just been mentioned above between two blvolketswt eht fo serutaeF

6. Al-Ghanimah and al-Maghnam

The meanings of these words had developed twice after the Jahiliyyah era once by the Islamic legislation, and then by the Muslims themselves, until their concepts rested last at "plundring”, looting” and “warring”. This was because the 'Arabs used to say:

Salabahu sablan, ie. he plundered him. Salabar-rajula thawbah, ie. He took away from the man his garment. It covers what an adversary seizes from his foe what hason him of dress, weapon, mount, etc. the singular is salab and the plural is aslāb.

They also say: Hārabahu Haran, meaning: he took all his property and left him with nothing.

Also: Huribar-Rajulu Malah, ie. deprived of what he had, So, he is mahrub or hirrib, and the plural is hirbi or hirba', and his hribah is his belongings which had been plundered, or that from which he used to make a living. Ahrabahu means: He showed him what to take from his adversary.

They also say: Nahabahu, ie. he took his property by force. An-nahb, an-Nuhba and an nahiba mean: taking the property forcibly. The plural is: nihāb and nuhub. An-nahbalso denotes a kind of raiding and plundering. Anhaba' 'Irờahu wa malahu means: he allowed some body's honour and properties to be plundered by anybody.

Such were the meanings of the said terms in the lexicons⁽¹⁾and were used accordingly in the traditions and hadīths by the Companions, as being explained below:

In the Hadith (of the Prophet)

“Whoever killed a person shall have his salab,"⁽²⁾ie. his spoils.

Also in the reply given by the Messenger of Allah(S.A.)to the singer who asked his permission to sing in al-Madinah. He replied: "... and I announce lawful your salab to the boys of the people of al-Madinah."⁽³⁾

In the Traditions (of the Prophet)

When the Messenger of Allah busuh.K, ehtthieranHudd Battida ßgabyk, fasdspöjIselo Abu Sufyān ibn Harb, Şafwān ibn Ummayyah, “Uyaynah inm Hişn and al-Aqra' ibn Habis, a hundred camels each, and gave to ‘Abbās ibn Mirdās less than that. ‘Abbās ibn Mirdās said some lines of poetry about that:

Do you sort my nahb al-Ubayd's

Between “Uyaynah and a-Aqra'.⁽¹⁾

Usdul Ghābah. Al-'Ubayd is the name of his horse. The Hunayn Battle took place in the eighth year of H. and after conquering Mecca.

Abu Sufyan ibn Harb, fought against the Messenger of Allah in Uhud, al-Khandaq and other battles. He pretend to accept Islam after the Conquest (of Mecca). He died in 31H.

Safwan ibn Umayyah al-Qarashi al-Jamahi. He died in Mecca during the days of 'Uthman or Mu'awiyah.

“Uyaynah ibn al-hișn al-Fazāri. It was said that the Caliph 'Umar had killed him. Others said that he died in the days of 'Uthmān.

Al-Aqra' ibn Hābis at-Tamimi. He was wounded in al-Jawzajān with the invading army in the cuontry of Khurasan.

In the Hunayn Battle, the Messenger of Allah(S.A.) gave them each one of them the share of “those whose hearts are to be conciliated”. Ibn Mirdas objected and said: “You have given myshare and my horse's, al-'Ubayd, to 'Uyaynah and al-Aqra'."

Quraysh, in the story of Badr, said: “Go out to your hrāïbs”⁽²⁾ie. to your plunders.

In a hadīth from the Messenger of Allah: “If they stay back they will stay wronged and mahrūb"⁽³⁾, ie. plundered.

“Umar said: “Beware of debts- they are a distress first and a harb last.⁽⁴⁾

In the history of the Companions days, Mu‘āwiyah, in his instructions fto Sadhan dibon éltafofsalufadfamidi, as he sent him to invade some Islamic landsl in the outskirts of ash-Shām, he ordered him: “Kill whomever you meet if he was not on your poinion, ahrib (ie. plunder) whatever villages you pass by and loot the properties, because looting the properties is like killing and it is more painful to the heart.⁽¹⁾

Al-Ghamidi died in the lands of Romans, in 50H. He was appointed commander of as-Sā’ifahby Mu'awiyah. rerdr to Ahadith Ummul Mu'minin ‘A’ishah, p. 242.

In a hadīth it is said that the Prophet's Companionsfound some sheep. They took them as nuhbah [loot] and cooked them. The Prophet(S.A.) said: “The nuhbā, or the buhbah, is not right.” So, they turned the cooking pots over⁽²⁾

In the Battle of Kābl the people found some sheep and took them. Abdur-Rahmān ordered a caller to call out: “I had heard the Messenger of Allah say "Whovere takes a nuhabah is not from us', So they returned the sheep, which he distributed equally."⁽³⁾

The said hadīths explained the meanings of: as-Salab, an-nahb and al-harab. As regards alghnimah and alghanuna, ar-Rāghib and al-Azhari, under the entry: ghanima, said: “Alghanam (sheep) is known... al-Ghnum means to find and obtain it. Then later it was used for any thing gained from the enemy and others. Allah, the Exalted, said: “And know that whatever you obtain [as ghnimah] ...' and 'So, you may eat of what you had gained (as ghanimah) Halāl and good.' Al-Maghnam is what had been gained as aghanimah, (pl.maghānim). Allah, the Exalted, says: 'But there are with Allah plenty of Maghanim (gains)"⁽⁴⁾the end.

Lisānul ‘Arab, Tahdhibul Lughah, Nihāyatul Lughan and Mu'jam Alfāzrān al-karim, say: “Alghunm is to gain ghanam (sheep). Later on it was used for everything gained from the enemy and others. Ghanima (like samiʻa in pronunciation) ghunaman (a

gain) and al-ghanum is what is gained (pl. maghānim).

"Al-Ghum: that which is gainedmatik nortchifframty. dna rkaB ubA fo dahitji eht

“Ghanimash-Shay'a means: He gained something. Al-ightinām means: Take the opportunity to gain a ghum.”⁽¹⁾

Also in Nihāul Lughah, under the same entry, in a hadīth, it is said: “The pawn belongs to him who pawned it, his is its ghunm and on him is its ghurm”, ie its interest, growth and increase of value, and its loss is on him . The end.

Al-Jawhari,in his Sahih, says: “Al-maghnam and al ghanimah are of the same meaning "⁽²⁾

Concerning this entry meaning gaining something there is a hadīth about giving out the zakāt, Ibn Majah, in his Sunan, quotes the Messenger of Allah(S.A.), as to have said: O Allah, make it [the zakat] a maghnam not a magharam [a loss]."⁽³⁾

Another hadîth from the Messenger of Allah(S.A.) says: “The ghanimah [The gain] of the gatherings for remembering (Allah) is Paradise’’⁽⁴⁾

Describing the month of Ramadan, it is said to be: “It is a ghunm for the believer"⁽⁵⁾, ie. it is a gain, and so on. The Qur'ān says: “But there are with Allah plenty of maghanim”.⁽⁶⁾

Summing up

The ‘Arabs, in the jahiliyyah and Islam used to say: “Salabhu”, ie. “He plundered him”, meaning that he took all that was with the plundered person, including his clothes, weapons and mount. They also used to say: "Hrabahu”, if he took all his properties. An-nahibah and an-nuhba had the same meaning of al ghanimah and al-Maghnam in our days.

To them: “Ghanima” meant: "He gained someting wihtout difficulty.” Al-ightinām meant: Taking an apportunity to plunder. Al-maghnam (pl. maghanim) was what had been plundered. “Ghunm” in the hadîth means: a growth, an increase in value. In describing the month of Ramadan it is sais that: “This is a ghunm for the believers”, and in the invocation at paying the zakat it is said: “O Allah, make it a maghnam”, and “the ghanimah of the gatherings for

remenbering (Allah) is Paradise”.

sloohtesiowbailit ficheerutadhinm originally meant: gaining or looting al0-Ghanar (sheep). Then aterwards the word was used for whatever was taken from the enemy and others. I believe that this last meaning entered the language in the Islamic era, not before. This is because the Muslims waged their first war under the leadership of the Messenger of Allah(S.A.) in the Badr Battle. After their triumph they differed about the aslāb (the spoils of the war), but Allah deprived them from owning what each of them had laid his hand upon of the enemy's properties. He granted them to His Messenger, and called them al-anfāl. So, after the revelation of this decree in the Surah of al-Anfāl, the invaders; in all the battles, used to bring all that they took from the enemy to the commander to be utilized as he wished. No one had to plunder anything openly or secretly, as the Messenger of Allah looting and plundering, as narrated by Ibn Mājah and Ahmad. The former said that the Messenger of Allah said: “The nuhbah is unlawful”. He also said: “Whoever plundered something he is not of us."⁽¹⁾

In al-Bukhāri’s Sahih and Ahmad's Musnad, quoting ‘Ubādah who said: “We gave our bay ́ah to the Prophet(S.A.) that we should not commit the nuhbah.”⁽²⁾

In the Sahih al-Bukhāri, quoting the Messenger of Allah(S.A.), says: “No one would commit an honourable nauhbah if he was a believer.⁽³⁾

Abu Dawūd, in his Sunan, Ch. on “The Prophet's prohibiting the Nuhba, quoting a man from the Ansar, says: “We set out with the Messenger of Allah on a journey. The people felt very in need (of food). They strived and found some sheep and took them. Our pots were boiling when the Messenger came leaning on his bow. He turned down our pots with his bow and wenton soiling the meat in the earth. He said: “The nuhbah is no more lawful than a carrion."⁽⁴⁾

Allah and His Messenger also prohibited al-ighlal (defraud). Allah, the Exalted, says: “... and whoever defrauds shall bring what he had defrauded on the

Resurrection Day."⁽¹⁾

In a hadīth from the Messenger of Allah said:(BiAcarhb'sdica: ika Bhebe stoodulkittleshd nahb (plunder), no ighlal and no 'islal (theft), and whoeer defrauds shall bring what he had defrauded on the Resurrection Day."⁽²⁾In this hadīth nahb and ighlāl are regarded as theft.

In another hadīth he said: “Observe the thread and what is sewed with it, what is above it and below it, as defrauding is a shame on its people on the Resurrection Day disgrace and shame."⁽³⁾

Ibn al-Athir says: “AlGhulul [= al-"ighlal] is deceiving in the maghnam (the gain), ie. steeling from it before being distributed, and disgrace is the worst of vices.”

'Abdullah ibn 'Amr ibn al-As was quoted to have said: “Whenever the Messenger of Allah gained a ghanimah, he used to order Bilāl to call the people. They would come with their ghanā’im (pl. of ghanimah). He would take one-fifth of it and distribute it (the rest). One day a man came to him with a bundle of hair and said: 'O Messenger of Allah, this is what we had gained (as aghanimah).' He said: 'Did you not hear Bilal call thrice?' 'Yes,' He replied: What, then kept you from bringing it?' the Messenger asked. The man apologized. He said: “Be that you bring it on the Resurrection Day I would not accept if from you."⁽⁴⁾

In the chapter “al-ghulūl" [steeling] of the “Book of al-jihad” in Ibn Majah's Sunan, that: “A man from (Banu) Ashja“ died in Khaybar. The Prophet said: ‘Perfor the Șlāt upon your companion'. The people denied that and their complexion changed. seeing that he said: “Your companion had been concealed.”⁽⁵⁾

In the chapter “What is narrated on being sever on alghulūl” in the “Book of Biographies” of ad-Darimi’s Sunan, quoting ‘Umar ibn al-Khattab, he said: “on the day of Khaybar a number of the people were killed. they said: ‘so-and-so is a martyr' until they mentioned a man and said: 'He is a martyr',

The Messenger of Allah said: “No, I had seen him in the Fire wearing a cloak slibbs lethalat soodbentåP⁽¹⁾

Under the chapter of “al-Ghulūl” of “the book of al-jihad”, in Ibn Mājah's Sunan, it is stated: “... aman called Karkarah, died. the Prophet said: '... and he is in the Fir.' When they investigated, they found him in a cover or cloak which he had stollen.⁽²⁾

The above hadīths are also stated by al-Bukhari, Muslim and Abu Dawūd in a different wording, ending with: “... Hearing this, a man came with one or two (stollen) shoelaces. The Messenger of Allah(S.A.) said: 'One or two shoelaces of fire."⁽³⁾

When Islam prevented the army from plundering, that is, from taking possession of properties openly acquird from the enemy. such that the Messenger of Allah(S.A.) turned over the pots of the hungary who had plundered the sheep, and threw their meet on the dust. He further prohibited taking such plundered articles, even if secretly, and called the act al-Ghulūl,ie. treason told the people: “Give back the needle and the thread and the needle as well as what is above that and what is below that'. He did not perform the salāt on any one who had plundered thus, nor did he call as a martyr the one who had plundered something from the battle field. Accordingly, Islam deprived the invading army from possessing the properties, though trivial, gained from the enemy, even though a shoelace, and even if done secretly. Such properties are called al-anfāl by the Qur'ān, and stated them to belong to Allah and His Messenger to disposeof them as he willed. So, what did the Messenger of Allah do with those acquired properties?

He, in his expeditions, gave to the soldier going on foot what he deicided, and he gave to the mounting soldier, tool⁽⁴⁾disregarding whether they were among those who seized the properties or not. He also gave to the women, though less.

Furthermore, he even gave to those who had never taken part in the

expedtion, as he did to 'Uthmān in the Badr Battle, and to the Companions of Ja'far in the Khaybar Battle. It is sshahid ehtali Bukbardia SakalBandAirfot teháthschik of at-Tayalisi and Ahmad, as well as in Ibn Sa'd's Tbaqāt, that: “The Messenger of Allah ordered 'Uthmān to succeed him in taking care of his wife, the Messenger's daughter who was ill_ during his absence in the Badr expedtiton. He, thus, gave him a share of what they had gained equal to the share of those who attended the Battle.⁽¹⁾

On the same page of al-Bukhāri's Sahih, quoting Abu Mūsa, it is stated: “We heard about the Prophet's expedition, while we were in al-Yemen. So, set off migrating to him. We were some fifty persons odd. We sailed in a ship to an-Najāshi in al-Habash. There, Ja'far bin Abi Tālib and his companions joined. We all came together to the Prophet(S.A.) that he had already occupied Khaybar and he gave us our shares as well as the owners of our ship together with Ja'far and his companions, giving them their shares.⁽²⁾

In the Hunayn Battle, the Prophet gave to those [non-Muslim] whose hearts have been won over, many times more than that which was given to the Muslim fighters.

In this way Islam got the ownership of the properties acquired from the enemy, and granted them to Allah and His Messenger who destributed them as he preferred. So, it is quite right to say that whovere received a share from the acquired properties, whether he attended the expedition or not, have received with no difficulty, because he received direclty from the hand of the Messenger of Allah, not because of his fighting. Consequently, it is also right to describe such properties to be “ghanimah” or “maghnam” since these two words the Arab took to refer to some easy gain, not from the enemy, as what had been ganined from the enemy was differently termed, as we had already explained. On this basis the ayah: “And know that whatever thing you acquired in war ..." had been revealed in this war after the revelation of the ayah of the anfāl at the beginning of the relevant sūrah, or it was revealed in the Uhud Battle. However, after the revelation of this ayah there appeared two concepts for al ghanimah:

not including what is gained from the enemy, as for this type of acquisitions slooteswoovte edifforkantithetims, such as: salb [spoilation], nahb [robbery] and harab [waging wore].

We have found that these two terms, maghnam amd ghanimah, are used in the hadīths and in the traditons of the Prophet(S.A.), some times according to their lingiustic concepts, as when they are used in their real meanings, needing no relevant evidence, such as we have formaly seen, and sometimes according to their Islamic meanings accompanied with a relevant evidence in the context, or in a conversation relating to the intended Islamic meaning.

Thus, the two terms in their two concepts, have been used even after the era of the conquests in the days of the Caliph 'Umar. The derivatives of the term "ghanimah", especially concerning what was gained from the enemies, were used accompanied with circumstantial or contextual evidences confirming what was intended. Later on, the linguistics studied the usages of the term "ghanimah” by the Arabs. They found that it was used in instance like:

a. Gaining something without difficulty during the Jahiliyyah era and early Islam, by the Arabs in general.

b. Gaining something from the enemies or the others, after the revelation of the ayah concerning the Khums among the Muslims as from the days of the Messenger of Allah till the days of the Companions.

c. Gaining something from the enemies only during the era of conquests, accompanied with annoticed evidences. Then it was gradually used without any evidence by the linguistics, in the Islamic community. When the pioneer linguistics recorded this term, they did not notice the development of the meaning of the term “ghanimah”, as we stated before. As a result, some of them noticed its usage in al-Madinah after legislating the Khums, such as ar-Rāhib, who wrote: “It is used for everything gained from the enemies or else.”

Ibn Manzūr and others observed its usage in the Jahiliyyah era, and said: “It means: winnign something, alightinām means: sezing a gain.”

During the conquest era it was used with an unnoticed evidence, and later with no evidence, as they said: “The ghanimah is what is gained of the properties of the warring people.”

The other meaning of al-Qamūs doubted whether al ghunm meant both “winning” and “alfay”⁽¹⁾ie. whether it covered both meanings, or al-ghanimah

meant al-fay', while the other derivatives of the entry meant winning something.⁽¹⁾The Ijtihad of Adu Bakr and "Umar in the Khums

Thus, they have mixed up the interpretation of the term: ghanimah. In fact, we have to observe the development of the meaning of the entry, as we have already said, and say that the entry ghanimah used to mean:

a. During the Time of Ignorance and the early Islamic era, linguistically: winning or gaining something without difficulty.

b. After the revelation of the ayah of alKhums, legistically: what has been gained from the enemies and others, besides its linguistic meaning, which was not forgotten at that time.

c. During the time of lexical recondings and after: The Muslims regarded it particularly to mean what had been gained from the enemies, in addition to its linguistic meaning.

Therfore, when we find a derivative of this item is used in a speech up to the period of early Islam, we are to take its linguistic meaning in particular, ie. gaining something without difficulty, other than what was won from the enemies.

When we find it used after legislating the Khums for the Muslims or in the Islamic Shari'ah, ie. either to take its said linguistic meaning, or to take its legislative meaning, ie. what has been gained from the enemies and others, since its usage was mutual.

When we find it used during the time of recording the language and after, most probably it should be taken to mean what was its current meaning at that time, ie. what had particularly been gained from one of its derivatives is used in the hadīths or else, after the legislation of the Khums, ever since the time of the Messenger till the time of the Companions, we are but to take it to denote one of its two meanings: the lingustic, ie. “gaining somethimg without difficulty”, or the legislative, ie. “gaining something from the enemies or others,” in which case we are to look for an evidece explaining what was intended.

During our study of the instances in which this word was used at that time, we noted that it was mostly accompanied with a circumstantial or verbal evidence denoting the legislative concept, while in many other instances it was used in its linguistic concept without any evidence.

7. Al-Khums

Liguistically, al-Khums means one-fifth. Using it as averb: “Khammastul qawma” means: “I took one-fifth of the people's properties”.

To Comprehed its legislative meaning, we have to refer first to the skadlitbouwdfhthbo Senabael during the Ignorance Era by way of studying the ther current social system in respect of this point. Then we are to refer to the Islamic legislation to study the Khums there, and then to study its development after wards among the Muslims in details, insha’allah the Exalted, as follows:

Firstly: In the Ignorance Era

During this era, the chief of the tribe, among the Arabs, used to take one quarter of the ghanimah, and they used to coin a verb from the word ar-Rub' [= one quarter] rabaʻa (past tense) and Yarbu ū (present tense) to mean: he took (or takes) one quarter of their properties, and rabaʻal jaysha meant: he took one quarter of the ghanimah from the army. This one quarter which the chief used to take was called: al-Mirab'. In a hadīth, the Messenger of Allah(S.A.) said to ‘Adiy ibn Hātam, before his embracing Islam: “You eat al-mirbā', though it is not allowed in your religion."⁽¹⁾A poet says:

For you, of it, is the mirba’ and aş-Şafaya

And an-nashīțah and al-fudul, as your rule.

Aş-Şafaya being what the chief chooses, an-nashitah is what he could get of the ghanimah before it reaches the people of the district, and al-fudduis the part of the ghanimah which is too small to be divided, in which case it is given to the

chief.⁽²⁾

Secondly: In the Islamic Era

In Islam, the khums was imposed by the Islamic legislation, and was mentioned in the Book and in the Tradition (of the Prophet), as below:

a. The Khums in the Book of Allah

Allah, the Exalted says: “And know that whaterver ghanimah you acquire, a fifth of it is for Allah and for the Messenger and for the near relative and for the orphans and for the needy and for the wayfarer, if you believe in Allah and in that which We revealed to Our servant on the day of distinciton, the day on which the two parties met, and Allah is capable of (doing) everything.” (Sūratul-Anfāl: 41)

Although this ayah was revealed on a particular occasion, yet it announced a general rule, ie, imposing the payment of the Khums of every ghanimah, that is, every thing they gained, to the people deserving it. Had the ayah particularly meant the ghanimah of the war, Allah, the Exalted, should have said: “And know that whaterver ghanimah you acquired in war”, or “whatever you acquired from the enemies”, and would not have said: “whaterver ghanimah you acquired”.

The Islamic legislation assigned the share of the leadership to be a fifth, instead of the quarter in the Jahi BiyguhKaeld diecanddd dts akBurtt Aafia diahurjdasked the beneficiaries, that is He assigned a share for Allah, a share for the Messenger, a share for the relatives of the Messenger, and three shares for the orphans, the needy and the wayfarers of the poor relatives of the Messenger. He made it an obligation to pay the Khums of whatever gained in general and He did not confine it to the spoils of war, and call it the Khums instead of al-Mirbā’ of the jahiliyyah.

As the zakāt was taken to be Alla's share of the properties, as was already explained, whenever it is mentioned in the Qur'ān, inciting the payment of the zakāt, in some thirty ayahs⁽¹⁾, it urges the payment of the obligatory charities, as well as the khmus imposed on whatever one has gained. Allah has explained His share of the properties in two ayahs: āyatus-Sadaqah (the āyah of charity] and ayatul khums.

The above-mentioned result was what had been understood from the Book of Allah concernong the Khums.

b. The Khums in the Tradition:

The Messenger of Allah ordered that the Khums should be paid on the spoils of war and on other than the spoils of war, too, such as ar-Rikaz, as was quoted from Ibn `Abbās, Abu Hurayrah, Jābir, “Ubādah ibn as-Sāmit and Anas ibn Mālik, as below:

Ahmad in his Musnad (as well as Ibn Mājah in his Sunan) quoting Ibn ‘Abbās, says: “The Messenger of Allah(S.A.) judged to pay the Khums on ar-Rikaz.»⁽²⁾

In the two Şahihs of Muslims and al-Bukhāri, and in the Sunans of Abu Dawūd, at-Tirmidhi and Ibn Mājah, and in Mālik's al-Muwatta’, and in Ahmad's Musnad, quoting Abu Hurayrah, it is said according to Muslim's text, that: “The Messenger of Allah said that the harm of an animal is to no avail, and that of a mine is to no avail, and that ar-Rikā is liable to the Khums." In some narratives quoted by Ahmad it is said that: “The animals indemnity is to no avail.'⁽³⁾

This hadīth had been expanded upon by Abu Yūsuf in Kitabul Kharaj. He said showth od urni ragt tibesejahidoyah, era, if a man died in an old, unbuilt, well the people took the well to be his bloodmoney. If a domestic animal killed a man then it was given as his bloodmoney. Somebody asked the Messenger of Allah(S.A.) about that, he said: “The harm of an animal is to no avail, that of a mine is to be no avail and ar-Rikāz liable to the Khums.” Asked: “What is ar-Rikāz, O Messenger of Allah?” He said: “The gold and silver which Allah had created in the earth ever since it was created."⁽¹⁾

the Judge in Baghdad during the days of the Abbaside Caliphs: al-Mahdi, al-Hadi and ar-Rashid. He died in the year 182H. We have quoted his book al-Kharaj, printed in Cairo in 1346H. p.26. He wrote it for the Caliph of his time: ar-Rashid.

Ahmad, in his Musnad, quoting ash-Sha'bi, on the authority of Jābir ibn ‘Abdullah, said: “The Messenger of Allah(S.A.) said: “As-Sā’imatu [freely grazing livestock] is jubār [to no avail] and the rikaz is liable to the Khums". Ash-Shabi said: “ar-Rikāz is the ordinary treasure."⁽²⁾

Quoting 'Ubādah ibn as-Samit, Ahmad, in his Musnad, says: “Of the judgements of the Messenger of Allah(S.A.) is that the mines are jubār, the well is jubār, the harm of the beast is jubār as well as that of the livestock of the cattle and others. Al-jubār is that which goes for nothing, or is to no avail and

is not fined. And he judged that Khums is to be paid for ar-Rikaz."⁽¹⁾Adcording to Ahmad in hismuiknahit nA nas Uibah naMasBidbA“W akați off, accompanying the Messenger of Allah(S.A.), to Khaybar. A companionof us entered some ruins to relieve nature. He took a brick to clean himself. Gold poured down from it. He took it and came to the Messenger of Allah(S.A.) and told him about it. He said: “Weigh it.” It weighed two hundred dirhams. The Prophet said: “This is rikāz liable to Khums.”⁽²⁾

In Ahmad's Musnad it is stated that a man from Mazinah asked the Messenger of Allah some questions, including: (How about) the treasure found in the ruins and desserts?” The Messenger(S.A.) said: “It and the rikāz are liable to Khums."⁽³⁾

Concerning the term “sayaba”, in Nihāyatul Lughah, as well as in Lisānul `Arab, Tajul ‘Arūs, Nihāyatul Irab, al-Iqdul Farid and Usdul-Ghābah, it is said: “In his letter ie. the letter of the Messenger of Allah_ to Wā'il ibn Hjar (he wrote): “As-suyub are liable to the Khums. As-suyb = ar-Rikāz."

It is also said: “As-suyub are the veins of gold and silver which run through the mine, that is, they are formed and appear there,” “As-suy b, plural for sayb, by which he (the Prophet) meant the wealth buried in the Jahiliyyah times, or the mines, because it is a favour of Allah, the Exalted, and His grace granted to whover finds it.” The text of the said letter of the Messenger of Allah is stated in Nihāyatul Irab by al-Qalqshandi.⁽⁴⁾

Wā'il ibn Hajar: His father was a chief from Yemen. He visited the Prophet who wrote him an assingment, including what has been mentioned above. The Prophet sentwith him Mu'awiyah Libn Abu Sufyan, who asked him: “Let me ride behind you.” “You are not of the riders behind the kings,” He replied. Wā’il died during Mu‘āwiyah's caliphate. His biography is in al-Isābah, 3/592.

Summing Up Above-mentioned Narratives

The gist of the afore-mentioned narratives is that the Messenger of Allah(S.A.) ordered that the Khums should be paid for whatever is excavated from the earth, such as gold and silver, be it a treasure or a mine, and that both of these were not considered as spoils of war. If was claimed that it was the spoils of war that were meant by “whataver ghanimah you acquired.” in the noble ayah, whereas we had proved that “Whatere ghamimah you acquired” referred to the Islamic legislation: “Whatever had been acquired from the enemy or else”. So, it was proved that the Khums was not confined to the war spoils alone in Islam. The Jurisprudents, like the Judge Abu Yūsuf, in his book al-Kharaj⁽¹⁾, depended on the narratives in inferring the obligation of paying the Khums on other than the war spoile.

Abu Yūsuf says: “All that is obtained from the mines, little or much, is liable to the Khums. If a man gained from a mine less than two handred dirham of silver, or less than twenty of gold, he will have to pay their Khums. This does not cncern the zakāt⁽²⁾, but is concern the ghanā’im [pl. of ghanimah], and its dust is liable to nothing, as the Khums is on pure gold, pure silver, ironore, copper and lead. The expenses spent on extracting it are exempted, as the expenditures may take all that, in which case he is liable to nothing. The Khums will be due when he finishes refining it, whather little or much, and his expenses will not be counted for him. whatever he excavates from the mines other than that is regarded mere stone, such as ruby, turquoise, antimony, mercury, sulpher and colourd stones. All of these are not liable to the Khums⁽³⁾, as these are but clay and dust.”

He added: “If the one who obtained some gold, silver, iron, lead or copper, was heavily in debt, he would not be excempted from the Khums. Don't you see when the soldiers acquire some ghanimahs from the people of war, they are to give their Khums, disregarding whether they were in debt or not. Their being in debt will not exempt them from paying the Khums.”

He said: “As to ar-Rikāz, it is the gold and silver which Allah, the Exalted, had created in the earth ever since it was created; they are liable to the Khums.

Whoever found an ordinary treasure in no one's land, in which there was gold, silver jewels or clothes, it is liabloubkt hedatkihiuramahdnts rfahrufbfahßoadahfoh dhe one who found it, as it is like the ghanimah which is acquired by some people,its Khums should be given and the rest would be for them.”

He said: “If a warring enemy found rkāz in the Islamic land, in which he had entered under amnesty, all would be taken from him, giving him nothing of it. But if he was a dhimmi [a free no-Muslims subject living in Muslim countries], he would have to pay the Khums_as it is taken from a Muslim and the four-fifths would behis. Skimilar is the mukātib (the one with whom a written agreement had been concluded], he will have the rkāz he found in the Islamic land, after paying its Khums..."

Addressing the Caliph Hārūn ar-Rashid, in the Chapter “About what is taken out of the sea”, Abu Yusuf said: “You asked, O Amirul Mu'minin, about what is taken out of the sea. What is taken out of the sea, such as ornaments and ambergris, are liable to the Khums."⁽¹⁾

So far we have paraded the hadīths of the Messenger of Allah in which he ordered the payment of the Khums on things other than the war spoils, and what they understood from those hadīths Hereunder we shall review the letters and the assignments of the Messenger of Allah(S.A.) in which he ordered the payment of the Khums."⁽²⁾

The Khums in the letters and Assignments of the Messenger(S.A.) a. Ab-Bukhāri and Muslim in their Sahihs, an-Nassā’i in his Sunan and Ahmad in his Musnad, say (quoting the former) that when the delegation of ‘Abdul Qays said to the Messenger of Allah(S.A.): “Between us and you dwell the disbelievers of Mudar, and we cannot reach you except in the harām months [in which fightings were not allowed]. So, tell us what we should do in order to enter Paradise, and to ask those after us to follow suit.”

He said: “I bid you to do) four (things) and forbid you (from doing) four (things): I bid you to believe in Allah _ do you know what it means to believe in Allah? (It means) to testify that there is no god but Allah_to perform the salāt, to pay the zakat and to pay the Khums from the Maghnam...»⁽³⁾as the hadith

goes.

Who on the Messenger of Allah(S.A.) ordered the delegation of ‘Abdu Qays to pay the Khums out of their maghnam [gain], he did not tell them to pay the Khums of the war spoils taken from the people through whose region they could not pass except during the harām month, because they were afraid of the disbelievers of Mudar. In fact, by maghnam he meant the original meaning as known in the language of the Arabs, ie: gaining something with no difficulty, as has already been explained. That is they were to pay the Khums of what they earned. Or he might have intended its meaning in the Islamic Law, ie.: What has been gained from the enemy or else.”

The same can be said about the assignments which he concluded with the delegations from different Arab tribes and in the letters he sent to them with his messengers and agents, such as is mentioned by al-Balādhuri's al-Futuh, He says: “When the people of Yemen heard about the appearance of the Messenger of Allah(S.A.) and his high reputation, many delegations visited him, He wrote them a letter in which he confirmed their ownership of their properties, lands and rikāz on adopting Islam. They did, and them he sent to them his envoys to teach them the laws of Islamand to recieve their charities and the head tax on free non-Muslims living under Muslims rule, such as the Christians, the Jews and the Magi.”

Then al-BUkhāri, Ibn Hishām, at-Tabari, Ibn Kathir, as well as al-Balādhuri, say (according to the letter's words): "He wrote to 'Amr ibn Hazm when he sent him to Yemen.

b. “In the Name of Allah, the Beneficent, the Merciful. This is a statement. from Allah and His Messenger. O you who believe! Fulfil the obligations.⁽¹⁾Acommitement from Muhammad, the Prophet, Messenger of Allah, to ‘Amr ibn Hazm on sending him to the Yemen. He ordered him to fear Allah in all his affairs, to take from the maghānim [Pl. of maghnam] Allah's Khums and what had been incumbent on the Muslims of the sadaqah, of the land one-tenth of what had been irrigated through the roots or by rain, and a half of the one-tenth of what had been irrigated by the bucket’⁽²⁾

Ibn Kathir’s Tarikh, 5/76. Al-Khāraj by Abu Yusuf, p. 85 (quoted from the first). There is another narrative stated by al-Hākin in his aal-Mustadrak, 1/395. Kanzul ‘Ummal, 5/517.

‘Amr ibn Hazm is of the Ansar, al-Khazraj. He attended the Trench Battle and after. He died in the year 51, 53 or 54H. in al-Madinah, as in Usdul Ghābah, 4/99.

c. Such as his letter to Sa'd Hadhim of Quạāʻah, and a similar letter to Jadham, in which he told them about lakatah iantyl dutiasrlalubrefpedahhitehelto pay the sadaqah and the Khums to his messengers, Ubay and ‘Anbasah or to the agents whom he would dispatch."⁽¹⁾

Sa'd Hadhim is a clan of Quda'ah who are referred to Qahtan. Their lineage is also in the Jamharah of Ibn Hazm, p. 447. As to Ubay and ‘Anbasah, there are several persons by this name

among the Companions. Ibn Sa'd do not distinguish the two messengers of the Prophet by any agnomen, surname or tribe to help us to recognize them.

By asking the tribes of Saʼd and Judhām to pay the sadaqah and the Khum to his envoys or their agents, the Messenger of Allah(S.A.) did not mean the Khums of the spoils of wars they had waged against the disbelievers, Actually, he meant what they were liable to pay of sadaqah and the Khums of their profits.

d. Also fuch as his letter to Mālik ibn Ahmar al-Judhāmi and his Muslim followers, granting them amnesty as long as they continued performing the salāt, followed the Muslims, forsook the disbelievers and paid the Khums out of the maghnam, the share ofthe indebters and the share of so-and-so, etc. as is stated in the said letter.⁽²⁾

Mālik ibn Ahmar of Judham ibn `Adiy, a clan of Kahlān. Their dwelling places were between Midyan and tabūk. On his adopting Islam, Mālik asked the Messenger(S.A.) to write him a letter

inviting his people ot Islam. The Messenger wrote it ona piece of skin with a width of four fingers and a length of a span of the hand.

e. The letter he sent to al-Faji and his followers: “From Muhammad, the Prophet, to al-faji' and whoever followed him, accepted Islam performed the

salāt, paid the zakāt, (obeyed)⁽¹⁾Allah ;an His Messenger, gave of the maghānim Alla's Khums foisted the Prophet and his Companions, had his acceptancel of Islam testified and parted with the polytheists, would be secured by Allah’s and Muhammad's security.⁽²⁾

f. His letter to al-Asbadhis: “From Muhammad, the Prophet, Messenger of Allah, to the Asbadhis, servants of Allah, kings of ‘Umān, these of them who are in Bahrain, that if they believe, perform the salāt, pay the zakāt, obey Allah and His Messenger, give the Prophet's due and lead pious life like the Muslims', they will be secure and they keep whatever they have when adoting Islam, but the properties of the House of Fire belong to Allah and His Messenger, and one-tenth of the dates is sadaqah, and one-tenth of the grains (too), and the Muslims may assist and advise them, and they may keep their mills grinding in them whatever they like."⁽³⁾

“Give the Prophet's due” in this letter refers to the Khums alone, or to the Khums and the leader's share of the spoils.

g. Similarly “Allah's share and the Messenger's share” isa reference to the Khums, as stated in his letter to “those who had adopted Islam from the (tribes) of Hadas and Lakhan, who performed the salāt, paid the zakāt, paid Alla's share and the Messenger's share and parted with the polytheists, would be secured under the convenant of Allah and of Muhmmad of protection, but whoever renounces his religion, the covenant of Allah and of His Messenger is innocent of him"⁽⁴⁾as the letter goes.

h. The letter he wrote to Junādah al-Azdi and his people and followers: of A long as they perform themahk, epani thua Uzaklāta iklaByubillach dahiti dhib Messenger, give out of the maghānim Allah's Khums and the Prophet's share, and part with the polythiests, they will have the protection of Allah and the protection of Muhammad ibn Abdulllah."⁽¹⁾

The name Junādah comes in four biographies: Junādah ibn Abi Umayyah, Junādah ibn Mālik,Junadah al-Azdi (without mentioning his father's name) and Junadah (with no recourse). This

narrative is stated in the biography of the last one. Perhaps all four are the same person. Look up Usdul Ghābah, 1/298-300.

i. The letter he wrote to Banu Mu‘āwiyah ibn Jarwal of the Tā’is: “Whoever of them adopts Islam, performs the salāt, pays the zakāt, obeys Allah and His Messenger, gives out of the maghānim the Khums of Allah and the share of the Prophet, parts with the polytheists and has his adopting Islam witenessed, will be safe by the security of Allah and His Messenger, and they will have what they have on accepting Islam.'⁽²⁾

There was another letter to Banu Jūwin of the Tā’is, or it may be another version of the above letter, with a slight difference in wording.⁽³⁾

j. The letter he wrote to Juhaynah ibn Zayd: “You shall have the low land, its plains, the hillsides and the high land, provided that you (have your cattle) graze its pasture and drink its water, and provided you pay the Khums. As to at-Tiah and as-Sarimah, they are liable totwo sheep if they were together; if separated, then a sheep for each. The people of the muthir are not to pay any şadaqah..."⁽⁴⁾

Under the entrey şarama a part of this letter is related by Ibn al-Athir in Nihāyatul Lughah and by Ibn Manzūr in Lisanul 'Arab.Juhaynah ibn Zayd is from Quda'ah of the Qahtanis. their lineage is Ibn Hazm's Jamharah,pp. 444-446. The said three references stated that the Messenger sent the letter with ‘Amr bin

Murrah al-Juhani, then al-Ghatfāni, nicknamed Abu Maryan, who had come to the Prophet and accompanied him in most of his battles. He dwelt in ash-Sham and lived till Mu'awiyah's rule.Usdul Ghābah, 4/130. Al-Isabah, 3/16. He returned to his people and invited them to Islam. They adopted Islam and came to the Messenger of Allah(S.A.). He died during Mu'awiyah's rule.

Ibn al-Athir, in his Nihāyatul Lughah, says: “At-Ti'ah is the name of the least that is liable to the takat.” and: “As-Sarimah is the herd of camels and sheep". He adds that as-Srimah, in the hadīth, means that every one hundred and twenty-one up to two hundred sheep, if herd together, are liable to two sheep (as zakat), but if they are owned by two owners, and are separated, then the owners are to pay a sheep each”. The end.

The people of the muthir are those who own cows which plough the land. No sadaqah is levied from them on such cows.

k. The word “as -Safiy” is mentioned in some letters of the Messenger(S.A.) after the phrase “the prophet's share”, such as in his letter to the kings of Himyar: “Now that Allah has guided you with His guidance, if you make good, obey Allah and His Messenger, perform the salāt, give out the zakāt of the maghānim the Khums, the shares of Allah and His Prophet, and his safiy, and what Allah has imposed upon the believers of sadaqah...!⁽¹⁾as the letter goes.

goes.

His letter to Banu ZuhaybımdhikæħUkilisimu: lhyokatestbf faatahhjrehik no god but Allah, that Muhammad is the Messenger of Allah, and if you perform the salāt, pay the zakāt and give the Khums of the maghnam, the share of the Prophet and the share of aş-Şafiy, you will be safe by the security of Allah and His Messenger,⁽¹⁾as the letter goes.

n. His letter to some tribes of Juhaynah: “... Whoever of them adopts Islam, performed the salāt, pays the zakāt, obeys Allah ans His Messenger and gives of the spoils the Khums and the share of the Prophet, as-Sfiy."⁽²⁾

Aş-Şafiy (pl. safāyā) in these letters is every thing which fully belonged to the Messenger of Allah, such as: wealth, esatates, properties, in addition to his share of the Khums, as had already been explained.

The Khums was further stated in two other letter ascribed to the Messenger of Allah, but we did not trust them because one of them is said to have been written to ‘Abd yaghūth of Belḥārith.⁽³⁾

The Messenger(S.A.) could not have written to ‘Abd Yaghūth [servant of Yaghūth] since Yaghūth was the name of an idol. He used to change such names, such as ‘Abdul 'Uzzā, which he changed to ‘Abdur-Rahmān, and Abd Hajar⁽⁴⁾and `Abd ‘Amr al-Asam, which he changed to ‘Abdullah.⁽⁵⁾

The other was said to have been written to Nahthal ibn Mālik

al-Wa’ili”⁽¹⁾, and which began with: In Your Name, O Allah's, instead of Bismillahir-Rahmanir-Rahim with which he used to begin his letters.

In the above-mentioned letters and convenants, and when the Messenger(S.A.) wrote to Sa'd ibn Hadhim to pay the șadaqah and the Khums to his envoys or their agents, he was not asking them to pay the Khums of the war spoils in which they had taken part. Actually he asked them to pay their liabilities of Khums and sadaqah out of their properties.

Similarly when he wrote to Juhaynah to drink the water of the land, to graze its pasture and to pay the Khums and the sadaqah, he did not impose the condition that the Khums should be taken out of wars and the gains (the ghanimah). He only made paying the Khums and the șadaqah a condition for making use of the land and its facilities, ie. he told them what was the Islamic precept concerning their gains.

Likewise when he tought the delegation of ‘Abdul Qays to pay the Khums of the mghnam, while teaching them some deeds which they were to perform in order to enter Paradise, He did not ask them to pay to him the Khums of the war spoils, since they actually wre unable to leave their quarters in other than the “Inviolable nonths”, for fear of the mushriks let alone fighting them, triumph over them and gain spoils from them. In fact, he told them to pay the Khums out of their profits.

Also when he wrote to covenant to his agent, ‘Amr ibn Hazm, to recieve the sadaqahs and the Khums from the tribes of Yemen. He did not specify that he should take the Khums of the spoils which they had got from the wars they carried out against their enemies.

Also his letters ot those tribes and to others to pay the Khums, as he did to his agents, other than ‘Amr ibn Hazm, to take the Khums from the tribes.

The case of the Khums in those letters and covenants is the same as that of the șadaqah stated therein. They are Alla’s due in their properties as Allah had imposed upon them.

A fruther evidence that the Khums mentioned in them was not the Khums of war spoils is that the condition of war in Islam is different fromt that practised by the Arab tribes before Islam, as every group had the right to raid on members of other tribes, with whom they had no valid agreement, for the purpose of plundering their properties randomly, and, in which case, every invader would have for himself whatever he could snack and plunder from the enemy, and he would have to pay nothing except the mirbā' to the chief of his

tribe. But the case is not so in Islam, and the Prophet could not tell them to pay the Khums, insteed of the quantah Ko antofi tilambparts okaBaib Avão sdahitjIslali neither an individual nor a group of persons has the right to wage a war against a non-Muslim, on his own accord, and plunder much as he likes. It is the Islamic rulre whodecides this and issues his orders according to the Islamic Shari'ah, and the Muslim individual has to carry them out. Then, it is the Islamic ruler, or his agent, who receives, after victory, all the war spoils, and no one of the raiders has the right to plunder any thing for himself except what is on the killed, as every one of the raiders has to bring whatever he has plundered the leader, or it would be considered ghulūl, a disgrace to his people, and a shame and fire in the Day of Resurrection.

The Islamic ruler, after taking out the Khums, assingns to the pedestrian his share, and to the horseman his sahre, and gives the women a small share. He may even give a share to the non-participants in the war, as well as to the mu'allafatu qulubuhum [the non-Muslims whose hearts are inclined to Islam], to whom he may give many times as much as the share of the believing mujahid.

If a announcing war and assigning the Khums of the war spoils on the days of the Prophet among his business in respect of the ummah's affairs, what was, then, the meaning of his demanding the Khums from the peopole and confirming it by successive letters on covenants, if it did not mean that the Khums was, like the sadaqah, obligatory and imposed on the properties of the addressees, and not confined to the war spoils.

Therefore, the concepts of al-Ghanā’im and al-maghnam mentioned in those letters and contracts should be regarded to denote their linguistic meaning: “gainging something without difficulty”, or their Islamic meaning: “That which has been gained from the enemies of else.”

We may add to that what we had already explained, at the beginning of the discussion, that the word al ghanimah had been really assinged, among the Islamic community, to the war spoils, after writing down the language, not befor. it would, thus, be incorrect to interpret what had been stated in the Messenger's hadīth according to a concept which only became current among the people some two centuries after his time. As for such expressions which were stated in some of those letters and covenants, as “Alla's and the Prophet's due”, “the Prophet's right”, “The Prophet's share” and the like, they are explained in the ayah: “And Know whatever thing you acquire, One-fifth of it is for Allah and for the Messenger.."⁽¹⁾, as well as in the Prophet’s Sunnah which comments and explains this ayah and determins the shares of Allah and the Messenger of the maghnam, which is the Khums, being also their due and

allotment.

Having provedrin the above mentioned statements that the Messenger used to take the Khums from the ghanimahs, whether of war or of other than war, asking those who adopt Islam to pay the Khums out of whatever had been gained, except that on which a sdaqah was imposed. After that we shall talk hereunder about those who were liable to receive the Khums.

The Reciever os the Khums According to The Book and the

Tradition

In the Glorius Qur'an

The ayah concerning the Khums specifies that it should be given to Allah, the Messenger, near relatives, the orphans, the needy and the wayfarer. So, who are “the near relatives” and the others mentioned after them?

a. The near relatives:

The status of dhul qurbā [the near relatives], al-qurbā [the relatives] and ulul qurbā [of relationship] in the Qur'ān is that of the parents, as whenever the word “parents” was mentioned in the text, the reference was to the parents of those mentioned before it, whether openly or covertly or implicitly, the same as “al-qurab”, “dhul qurbā” and “ulul qurbā”. For example, concerning the openly stated before it in the Qur'ān, Allah, the Exalted, says: “It is not for the Prophet and those who believe that they should ask forgiveness for the polytheists, even though they should be near relatives.⁽¹⁾By “near relatives” here are the near relatives of the Prophet and of the believers who are openly mentioned before “near relatives”.

An example for what is covertly mentioned is Allah's, saying: “and when you speak, be just, though it be (against) near relative.”⁽²⁾Here “dhul qurabā” or “near relative” refers to the pronoun “you”.

An example for what is implicitly mentioned is the saying of Allah, the Exalted: “And when there are present at the division the relatives...»⁽³⁾, in which the relatives of “the deceased” are intended, according to the context of the ayah.This is true whenever the word “relatives” is mentioned in the Qur'ān.

Allah, the exalted, has stated “the parents” and “the relatives” jointly in two instances. He said: "... and (you shall) do good to (your) parents, and to the near relatives"⁽⁴⁾and “... and be good to the parents and to near relatives”⁽⁵⁾. In the first

ayah the intended parents were the parents of Banu Israel and their relatives Who had previously been mentioned h Knelthai sacould dayalrkthlő ühtkerfdethiptarehe are the parents of those to whom the pronouns imply in the commands: "worship Allah” and “do not associate...”, who are the believers in this Ummah.

Having proved this we say that when Allah, the Glorified says in the ayah of al-Khums: “And know that whatever ghanimah you acquired, afifth of it is for Allah and for the Messenger and for the near relatives..." He must have intended here the relatives of the Messenger who had been immediately mentioned after him. If they were not the Messenger's relatives, then whose relatives were intended?

Likewise, the saying fo Allah, the Exalted: “Whatever Allah has restored to His Messenger from the people of the towns is for Allah and for His Messenger and for near relatives...»⁽¹⁾refers to the relatives of the Messenger of Alla(S.A.), being the name immediately mentioned after him.

Similarly in the saying of Allah, the Exalted: “Say: I do not ask of you any reward for it except love for near relatives,»

⁽²⁾the word “relatives” refers to the pronoun“I”, ie, the Messenger.⁽³⁾ b. The Orphans

The orphan is the person whose father dies while he is still a minor.

c. The Needy

The needy is the one who is in need of what the rich can undertake.

d. The Wayfarer

The wayfarer is the traveller who has been cut off his resources. ⁽⁴⁾

The context of the ayah of al-Khums shows that the intended are the orphans of the Messenger's relatives, their needy and their wayfarers, and that these groups stand on the same levels as “the relatives” mentioned before.

Further, it can be said that Allah, the Exalted, had assigned for the non-Hashimite needy and wayfarers their share in the sadaqat when He told where the sadaqat whould be spent by saying: “Charities are for the poor and the

needy... and the wayfarer.”⁽¹⁾

But as th the Haslimite, they are not allowed to receive Charity, for Which they are substituted by a share of the Khums.

⁽²⁾Those Liable to Khums According to the Tradition and the Muslims Usually it was divided into six shares: for Allah and for the Messenger two shares, one share for his relatives, until his demise⁽³⁾

Abul ‘Aliyah ar-Riyahi says: “The ghnimah used to be brought to the Messenger of Allah(S.A.), which he used to divide into five portions: Four-Fifth for those who attended it. Then he would take the one-fofth, put his hand into it and bring out a hundful, which he would assign to the Ka'bah, being Allah's share, then he would divide the rest nito five shares, one for the Messenger, one for the relatives, one for the orphans, one for the needy and one for the wayfarers.”

He added that the Ka'bah's share was Allah’s.⁽⁴⁾

Abul-Aliyah ar-Riyahi is Rafi' ibn Mihran, died in the year 90H. or after. This hadith is quoted from him by the authors of the Sahihs and by Tahdhibut-Tahdhib, Vol. 1/252.

Those two narratives state that the Khums used to be divided into six shares, which is correct because it is in conformity with the text of the ayah of the Khums. As to Abul 'Aliyah's saying that the Messenger used to give Allah's share to the Ka'bah, it might have happened just once. I think that what had been narrated by “Ațā' ibn Abu Rabāh is more reliable. He said: “Allah's Khums and His Messenger's are one, which the Messenger of Allah used to take of it, give out of it, put it wherever he liked and used it as he liked."⁽⁵⁾

A similar hadīth was narrated by Ibn Jurayj. He said: “... four-fifthe for those who attended the battle, and the remaining one-fifth, for Allah and His Messenger one-fifth of it which he could utilize as he liked, and another one-fifth for the relatives ... etc ⁽⁶⁾

Ibn Jurayj is ‘Abdul Malik ibn Abdul Aziz al-Makki, a servant of Banu Umayyah, quoted by the authors of the Sahihs, died in the year 150H. or after. Tahdhibut-Tahdhib, 1/520.

The correct part of the narration of Abu 'Aliyah and Ibn Jurayj is that tohcarning the share of Allah and the same roonDisl eeksgba đ6 thaithems, which were for the Messenger of Allah, and he took of them, gave out of them, put them wherever he wished and used them as he liked. As to the part of the narration from which one gathers that “the share of Allah and the share of His Messenger were one”, it contradicts the appearance of the ayah of the Khums, in which Allah divides the Khums into six shares, unless they meant that the case of the two shares was one, and not that the two shares were a single one.

Similarly what Qatādah had narrated does not fit in. He said: “When the Prophet of Allah got a ghanimah, it was made in to fifths, one-fifth for Allah and His Messenger, and the muslims took the rest. The one-fifth, which was for Allah and His Messenger, was for the Messenger, for the relatives, for the orphans, for the needy and for the wayfarers. So, this one-fifth was five fifthes; one for Allah and His Messenger..."⁽¹⁾as the hadīth goes.

It seems from Ibn `Abbās's narrative, stated in at-Tabari's Exegesis, that making the two shares only one, had taken place after the demise of the Prophet, as he says: “The share of Allah and the share of the Messenger are one share, and for the relatives, thesetwo shares were alloted to horses and weaponry"⁽²⁾

At-Tabari, quoting Mujahid, says: “The offspring of Muhammad(S.A.) were not to teceive sadaqah, So, one-fifthe of the Khums was alloted to them.”⁽³⁾

He also said: “Allah knew that among Banu Hāshim there were poor, so He assigned the Khums for them.”

He also siad: “These are the relatives of the Messenger of Allah(S.A.) for whom the sadaqah is harām.”⁽⁴⁾

Ali ibn al-Husayn told a man from ash-Shām: “Did you not read in the Sūrah of al-Anfāl: And know whatever thing you acquire one-fifth of it is for Allah and for the Messenger and for the near relatives... (etc.)? “Yes,” said the man, “are you them?” “Yes,” he said.⁽⁵⁾

So for the expression “near relatives”, as is stated in the ayah of the Khums and else where, has been explained.

As regards “the orphans” and “the needy”, an-Naysa(A.S.)būri, commenting on the said ayoh,says that “Ali bin al-Husayn(A.S.) was asked: “Allah the Exalted, says: ... and the orphans and the needy? He said: “They are our orphans and our needy."⁽¹⁾

At-Tabari quoted Minhāl ibn 'Amr who said that he had asked Abdullah ibn Muhammad ibn 'Ali⁽²⁾

‘Abdullah ibn Muhammad ibn Ali ibn Abi Talib, died in ash-Sham in the year 199H. His hadith was quoted by the authors of the Sahihs. Tahdhibut-Tahdhib, 2/448.

So far we have been referring to the books of hadīths, biographies and the Exegesis of the Khulafa School in respect of the Khums. Hereunder are the positions of the Khums according to the Ahlyl Bayt School.

The Positions of the Khums in the Ablul Bayt School

There are successive narratives quoting the Imams of Ahlul Bayt(A.S.) to the effect that the Khums used to be divided into six shares: one share for Allah, one share for His Messenger, one share for the near relatives, which, during the Messenger's days, was for Ahlul Bayt in particular, and after him for them, and them for the other twelve Imams of Ahlul Bayt. The three shares for Allah, His Messenger and the relatives were nominal, as Allah's share was for the Messenger to make use of it as he liked, and the portion for the Messenger of Allah was, after him, for his succeeding Imam. So, in this era, half of the Khums is, generally, for the Imam of the Time: two shares for him by inheritance and another share assigned to him by Allah, the exalted, which is the share of the relatives". These three shares are for the Imam of the Time in his capacity as an Imam. The other three shares are a share for the orphams of Banu Hashem a share for their needy and a share for their wayfarers. These are the relatives of the Prophet whom are stated by Allah in

His saying: “And warn your nearest relatives. »⁽¹⁾They were Banu Abdul Muttablib, both males and females, other than uilhké Prop ihietristifadísehbd8. ubhte feritahigh elor deserving that in the three groups was based on two things:

a. Being relatives of the Messenger of Allah(S.A.).

b. Being in need of the Khmus for their living, unlike the recipients of the other three share, who were liable to receive their shares just because of the title.

Half of the Khums is distributed among the three groups of Banu Hāshim, according to their actual need so as to sustain them for a year. Should there be any remnant, it will be for the governor. In case of deficiency or inability ot to satisfy their needs, the governor will have to spend out of his own, to meet the deficiency. He had to do so, because he used to have the surplus, if there were any.

Those three groups will have to be paternally related to ‘Abdul Muttalib. Should they be only maternally related to him, they would get nothing from the Khums, butthey would be allowed to receive șdaqah. This is because Allahs says: “Call them by their fathers ..."⁽²⁾

The Imam as-Sadiq is quoted to have said that the Muttalibs are partners with the Hāshimites in the Khums. The relevant hadīth says: “Had there been justice neither the Hāshimites nor the Muttalibs would have been in need of a sadaqa. Allah, the Exalted, has assigned for them in His book what placed them in comfort.” Then he said: “The man who finds nothing the carrion will be lawful to him. The sadaqa is not lawful to any one of them unless he finds nothing and becomes among those to whom the carrion is lawful.”

Whatever share of Khums is given to any one of the said three groups, and he possessed it, it becames part of his legacey after his death and is inherited by his hiers. Similarly, that which had been received by the Prophet or the Imam, in the past, of the said three shares and possessed it, it would be transfreerd to his heirs according to the ayah of heritage, not according to the ayah of the Khums.⁽³⁾

A Narrative Concerning the Khums in the Messenger’s Days

Abu Dawūd's Sunan, Ahmad's Musnad, at-Tbari'sExegesis, an-Nassā'i's Sunan and al-Bukhāri's Sahih, concerning the distribution of the Khums and the share

of the relatives, in the Book of al-Khirāj, quote Jubayr ibn Mustʻim, say (according to the teaxt of the first of them): “On the day of Khaybapar (the battle), the Messenger of Allah(S.A.) assigned the share of the relatives for Banu Hāshim and Banu al-Muttalib, leaving out banu Nawfal and Banu ‘Abdu shams. So, 'Uthmān ibn 'Affān and I came to the Prophet(S.A.) and said (to him): 'O Messenger of Allah! We do not deny their prestige for your place among them, but what about the brothers of Banul-Muttalib whom you gave (a share) and left us out, while our kinship is the same?' The Messenger of Allah(S.A.) said: “I and Banul-Muttalib did not part, (in an-Nassā’i's text, he said: 'Banul-Muttalib did not leave me) neither during the Jahilyyah nor during Islam. We and they are one thing’, interjoining his fingers.⁽¹⁾

Jubayr ibn Mutʻim ibn Adiy ibn Nawfal ibn Abd Munaf, his maternal grandmother was Ummu Habib, the daughter of al-As ibn Ummayyah> His father was one of those who revoked “The Boycott Paper“. He adopted Islam after al-Hudaybiyyah or after the Conquest (of Mekkah).Usdul Ghabah, 1/281

In another narration in Ahmad's Musnad, it is said that this was in Hunayn Battle.⁽²⁾

In a third narration in Abu Dāwūd's Sunan, in an-Nassā’i's Sunan and in Ahmad's Musnad, the relevant battle is not specified.⁽³⁾

The reason that pusshed 'Uthmān and Jubayr to say to the Messenger of Allah(S.A.) what they said, and his reply to them, is that ‘Abd Munāf had four sons

a. Hashim, whose name was ‘Amr.

b. Al-Muttalib.

c. ‘Abd Shams.

d. Nawfal ⁽⁴⁾

Banu Hashim and Banul-Muttalib unanimously decided to support the Massenger of Allah, while the smhole of Qrunadshdstock Bagbisit thabinl and signed “the Boycott Parper” against them. So, the Messenger of Allah(S.A.)and his followers took shelter in Abu Țlib's Shi'b [gorge] where they stayed during the years of boycott, while Banu `Abd Shams and Banu Nawfal took part with Quraysh in this matter. In this respect Ibn Abil Hadid says: “That which caused Banu Nawfal to delay their adopting Islam was the delay of their brothers, Banu ‘Abd Shams. So, no one of them accompanied the Prophet, and no one of them attended his noble battles with him, while Banul Muttalib, contrary to them, were prompted to adopt Islam, thank to their love for Banu Hāshim, as the Prophet's case was quite clear, but what stopped the others from joining him was envy and hatered. Those who had no such emotions nothing could prevent them from adopting Islam. All of Banul-Hārith ibn al-Muttalib attended the Badr Battle: 'Ubaydah, Tufayl, Husayn and Musth ib Uthathah ibn 'Abbād ibn al-Muttalib. Abu Tālib said to Mutʻim ibn'Adiy ibn Nawfal concerning the Prophet's case, when Quraysh gathered against him:

May Allah requite, on our behalf, `Abd Shams and Nawfal,

The requital of the offender, promptly, not delayed."⁽¹⁾

than the Prophet by ten years. He, together with his brothers and their cuosin, Musth, migrated to al-Madinah at the smae time. In the month of Rabi'ul Awwal of the first year of the Hijrah,

the Messenger, for the first time, appointed him as a commander and sent him, with sixty horsemen to fight the polytheists, who were led by Abu Sufyan, He met them in Thanyatul-Murrah, In the Badr Battle 'Ubaydah fought 'Utbah, an Ummiad. They exchanged two strikes which wounded both of them. ‘Ali and Hamzah hurried to 'Utbah and finished him off, then they carried 'Ubaydah to the Messenger of Allah, who put his head on his knee. He died in

as-Safrā' on their return from Badr. He was sixty-three years old. Usdul Ghābah, 3/356.

Tufayl died in the year 31 or 32, while his brother, Husayn, died four months after him. Usdul Ghabah, 3/52.

Ibn al-Athir, in his biography of Husayn in Usdul Ghābah, 3/24, quoting Ibn `Abbās, says that Allah's saying: “... Whoever hopes to meet his Lord,” etc( Suratul-Kahf: 110) was revealed in favour of ‘Ali, Hamzah, Ja'far and 'Ubayd, Tufayl and Husayn the sons of al-Harith, and Muştah ibn Uthathah ibn Abbad ibn al-Muttalib.

Mustah's mother was the daughter of Abu Rahm ibn al-Muttalib. His maternal grandmother was Rāitah, the daughter of Şakhr ibn `Amir. She was Abu Bakr's aunt. He is said to have died in the year 34H. He is said to have attended the Siffin Battle with ‘Ali, and died in the year 37.Usdul Ghabah, 4/354.

The narrator of this hadīth, Jubayr ibn Mut'im, says that the Messenger(S.A)alloted the share of “the relatives” to Banu Hāshim and Bunaul Muttalib. We see that what the narrator of this narrative saw was that the Messenger of Allah(S.A.) had given to those out of the Khums share, and that he had given nothing to Banu Ummaids and to Banu Nawfal. But as to recognizing whih share had been given to them by the Messenger of Allah, it was a guess on the part of the narrator himself, as he did not say that the Messenger had named it. It is quite possible that the Messenger had given to some of them out of the shares of Allah and His Messenger, because he had the right to distribute them as he liked, as had already been related, while he might have also given to some of them out of the share of the needy, since the şadaqah was prohibted to be given to their poor ones, as will be explained presently.

Prohibiting the Sadaqah for the Messenger and HisRelatives

There are many hadiths in this respect. Among them is an narrative related by Muslim in his Sahih, in which he says: “Whenever some food was brought to the Prophet(S.A.), he used to ask about it, If it was said to be a present, he would eat of it. If It was said to be sadaqah, he would refrain from eating from

it.⁽¹⁾

There is also another narrative related by both Muslim and al-Bukhā ri in their Şahihs, as well as by Abu Dāwūd and ad-Dārmi in their Sunan:

“The Prophet passed by a date thrown on the road. He said: “Had it not been a șadaqah I would have eaten it.” Al-Hasan ibn `Ali took a șadaqah date and put it in his mouth, but the Messenger of Allah said to him: “Kakh! Take it out! Don't you know we do not eat the sadaqah?” In another narration, he

said: “The sadaqah is not lawful for us."⁽¹⁾

The Messenger of Allah(S.A.) snedkæhefrainnftöndrautitanyuBAnfo

Hasihjilnehithi charge of the sadaqah, so that they may not be benefited by the share asigned to “The collectors of the sadaqah”, according to the narration of Muslims, Ahmad, Abu Dāwūd, at-Tirmidhi, an-Nassā'i,Abu 'Ubayd and others. The text is quoted from the first of them. it reads:

Rabiʻab ibn al-Hārith ibn 'Abdul Muttalib and al-^Abbās ibn 'Abndul Muttalib conforred and said: “By Allah, how if we send these two youngmen_ 'Abdul Muttalib ibn Rabi'ah⁽²⁾and al-Fadl ibn Al-A'bbās to the Messenger of Allah(S.A.) to talk to him so as to put them in charge of the sadaqahāt. They would do what the other people do, and gain of what the people gain.” While they were so conferring, ‘Ali ibn Abi Talib joined them. They told him about that. ‘Ali ibn Abi Tālib said: “Don't do it, as, by Allah, he will not do it.” Rabi'ah ibn al-Hārith took him aside and said to him: “By Allah, you say so only because you envy us. By Allah, when you became the son-in-law of the Messenger of Allah(S.A.), we did not envy you for that.” “Ali said: “Send them.” They were sent off, and ‘Ali laid down.

In another narration it is said: ‘Ali threw his cloak, laid on it and said: “I am Abul Hasan, the Master. By Allah, I will not leave my place until your sons come back to you with the answer of what you had sent them for.”

‘Abdul Muttalib said: “When the Messenger of Allah(S.A.) finished performing the noon salāt, we hurried to the room and waited there until he came. Heseized us by the ears and said: 'Bring out what you hide.' Then he entered and we followed him in, in the house of Zaynab bint Jahsh. We told one another to talk, then one of us said: 'O Messenger of Allah! You are the

most generous and most attached to your relatives. We have come of age, and have come (ho you) to put us in charge of some of the sadaqat, and we shall act as the people act, and get from it as they get.' He kept silent so long that we were about to talk to him, but we noted Zaynab point to us from behind a curtain not to talk to him. Then he said: “The șadaqah is not becoming of Muhammad's offspring. It is the fifths of the people. Call Mahmiyyah (who was in charge of the Khums) and Nawfal ibn al-Hārith ibn 'Abdul Muttalib'. When they came, he said to Mahmiyyah: “Marry your daughter to this youngman' (pointing) to al-Fadl ibn al-“Abbās, and to Nawfal ibn al-Hārith he said: “Marry your daughter to this youngman' pointing to me, and which he did. Then he said to Mahmiyyah: “Give them from the Khums such-and-such "⁽¹⁾

Dawud's Sunan, 2/52, “The Book of Revenue and Commandship”, Ch. on “Concerning the instances of distribution the Khums and the share of the relatives”, hadith No. 2985, printed by “Daru Ihya'is-Sunnatin-Nabawiyyah”, 3/147-8. Al-Amwal by Abu 'Ubayd, p. 329.Majma'uz-Zawa'id, 3/91. Refer to the biography of Abdul Muttalib ibn Rabi'ah and Nawfal ibn al-Harith and Mahmiiyyah in Usdul Ghabah, al-Ayyashi’s Esxegesis, 2/93 and al-Waqidi's Maghazi, p. 696.

Rabi'ah ibn al-Harith ibn `Abdul Muttalib was older than his uncle, al--Abbas. He was 'Uthman's partner in his trading the Messenger gave him the load of a hundred camels. He died in al-Madinah in the year 23. Usdul Ghābah, 2/66.

His son, Abdul Muttalib, died in Damascus in the year 61H. Usdul Ghabah, 3/331.

Al-Fadl ibn al-Abbas was the oldest among his brothers. Attended the ghusl of the Messenger. The year of his death and its place are not certain, whether in al-Yarmūn al-“Amwās or in Yawm Marajis-Sufr. Usdul Ghābah, 4/183. Theauthers of the six Sahihs quoted from him 24 hadîths. Taqribut-Tahdhib, 2/110. Jawāmi'us-Syrah, p. 282.

Nawfal ibn al-Harith: The Messenger announced his brothorhood with al-'Abbās. They were partners in the Jahiliyyah. He died in al-Madinah in the year 15H. Usdul Ghābah, 5/46.

Mahmiyyah ibn Juz' ibn Abd Yaghuth az-Zubaydi: He adopted Islam early and attended al-Miraysi“ Battle. Usdul Ghabah, 4/234.

Thus, the Messenger refused to employ a Hāshimite on the sadaqāt. Therefore, we realize the mistaken wif Ki lateniwhmUhdaghkatikatb

Ah 60 Mtssjånger sent “Ali to Yemen on the sadaqat. Actually, the truth is what Ibn Qayyim al-Jawziyyah⁽¹⁾said in the chapter on “His Commanders” of his book Zādul Maʻād. He said: "Ali ibn Abi Tālib was appointed over the Khums in Yemen and judged it.”

Before that, in “A chapter on his(S.A.) Letters and Envoys to the Kings”, he said: "He sent Abu Mūsa al-Ash‘ari and Ma‘ādh ibn jabal to Yemen on his returnfrom Tabūk, (or in the year 10 in Rabi'ul Awwal, as is said) to invite the people to Islam. All the people accepted Islam on their free will without war. Then he afterwards sent Ali ibn Abi Tālib to them, whence he joined them in Mekkah in the Farewell Hajj."⁽²⁾

Probably what cause some to have a false opinion was the situation after the Messenger, when the Caliphs dropped the Khums duty, as we shall explain, inshā’allah, the Exalted, Thus, there remained nothing to be levied from the Muslims except the imposed şadaqāt. So, they thought the Messenger's time like their time, and hence their false notion that the Messenger had sent ‘Ali to levy the sadaqat, escaping their attention that the Messenger prohibited even his servant from participating in leveying the sadaqāt, let alone his cousin, the father of his offspring!

Abu Dāwūd, an-Nassā’i and at-Tirmidhi, in their Sunan, say: “The Prophet sent a man from Banu Makhzum to collect the sadaqāt. (at-Tirmidhi says that his name was al-Arqam ibn Abil Arqam). The man asked Abu Rāfi': 'Come with me so that you may get some of it.' He said: 'No, until I go to the Messenger of Allah(S.A.) and ask him.' He went to the Messenger of Allah and asked him. He told him: The servant of a people is one of them, and the sadaqah in not halal for us.!⁽³⁾

The name of Abul Arqam is 'Abd Munaf. He was one of the early Muslims. the Messenger hid in his house in Aşluş-Şafa in Mekka Until their number reached forty. He attended the Badr Battle and after> He died in al-Madinah in the year55H. and was buried in al-Baqi'. Usdul Ghābah, 1/59-60.

Thus, the Prophet prevented Abu Rafi' from accompanying the collector of the sadaqatand gettinf a portion of the collectors’ share, because he was his servant. In the same way acted the Imams of Ahlyl Bayt after the Messenger of Allah, as they, too, refrained from taking the sadaqah, and prohibited all Banu Hāshim from taking it, too.

It is in Daʻā’imul Islam that, when the Imam Ja'far ibn Muhammad, aș-Sādiq, was asked: “Now that you have been deprived from the Khums, would the şadaqah become halal for you?” “No,” he said, “by Allah, that which had been made harām for us by Allah cannot be made halāl for us by the unjust who usurped our right. Their depriving us from what Allah had made halāl for us does not make halal for us what Allah had made harām for us."⁽¹⁾

In al-Khișal, quoting as-Sadiq(A.S.), on the authority of his father(A.S.), it is said: “The șadaqah is not halal for Banu Hāshim, except in two instances: When they are thirsty and they found water and drank from it, and the sadaqah which they give to one another."⁽²⁾

Thus, from this, it can be realized that what Ahlul Bayt used to receive from the rulers of their times out of Baytulmāl constituted a portion of their due right in the fay', the anfāl, the head-tax of Ahludh-dhimmah and the Khums of the conquests' spoils, not as compulsory șadaqāt, as some had thought.

As regards the waters offered free for drinking, they are mostly of religious endowments, Awqaf. which are endowed by their owners for the benefit of the Muslims in general. They are like the resting-places and the mosques built along the roads of the Muslims, as,although they had been built by spending money for the sake of Allah to get His pleasure, and they may, for this reason, be considered to be of the șadaqat, yet they are not individual charities such that they can be used only by the poor of Banu Hāshim. Actually, they are for

the benefit of all Muslims at large, rich and poor, the noble and the common,the Hashimite and the non-Hāsluihkiteht ihrayąUhd refekaz are of our question.

So far we have related what we found about the Khums in the reference books of the Islamic Studies, as well as its deservers in the time of the Messenger and prohibiting the șadaqah for Banu Hāshim and their servant, and refusing it during his days and after him.

As regards what the Caliphs did to the duty of the Khums, and their personal opinion concerning the Khums and the particularly concerning the daughter of the Messenger, we shall have, in order to understand them, to study what the Messenger had left of estates and lands, and then we shall see what happened to them by the Caliphs, and Fātimah's complaint against concering them and the Khums. So, let us start.

The Messenger's Legacy and Fātimah’s Complaint Against their Handling them and Her share of the Khums

The two judges, al-Māawardi (d. 450H.) and Abu Ya';lā (d. 458H.) said: “The Messenger's sadaqat which he gained through his two rights< one of them being his right to the Khums of the fay’ and the Ghanā’im, and the other one being the four-fifth of the fay' which Allah ordered to His Messenger of what the Muslims gained without military expedition ..." Until they said: “As to the Prophet's sadaqat, they are eight in number:

One of them, the first land possessed by the Messenger of Allah(S.A.), was the bequeath of Mikhriq the Jew, “The seven Orchards”.

The second sadaqah: His land from the properties of Banun-Nadir in al-Madinah.

The third, fourth and fifth sadaqat: The three forts in Khaybar. The sixth şadaqah: Half of Fadak.

The seventh sadaqah: One-third of the land of wādil Qurā.

The eighth sadaqah: A place of a market in al-Madinah called “mehrūz”⁽¹⁾

The Judge ‘Iyād (d. 544H.) said: “They belonged to him through three rights:

First: That which was given to him as a gift, by the bequeath of Mikhriq the Jew. They were seven orchardsin (the land of) Banun-Nadir, when he adopted Islam, and that which had been given to him by the Ansar out of their

waterless land. This became his property.

Second His right to the fay of the lands of Banun-Nadir on deporting them It was particularly his, because it was not taken by the Muslims through military expedition. As to the moveable properties of Banun-Nadir, they took of them camel-loads, with the exception of the weapons, according to their agreement. Then he(S.A.) distributed the rest among the Muslims. The land was his and he used it during the Muslims disasters. His was also half of the land of Fadak, as he had concluded an agreement with its people over half of it, so it became for him alone. Similarly he had one-third of the land of wādil-Qurā, which he, during a peacetreaty, took according to an agreement with ist Jew people, besides two fortresses of Khaybar's forts, called al-Watih and as-Salālim, which he took peacefully.

Third: His share of the Khums of Khaybar and that which had been conquered peacefully. All these were purely the properties of the Messenger of Allah(S.A.), to which no one else had any right whatsoever ..."⁽¹⁾

The Judge 'Iyad is Abul Fadl ibn Musa ibn 'Iyad al-Yassuby as-Sabti, a scholar of al-Maghrib and the Imam of the traditionist of his time. He is the auther of famous works, such as

“Explanations of Muslim's Sahih” (still Ms). Maybe an-Nawawi has quoted him here. He died in Marocco in the Year 544H. Look up his biography in Wafayatul ‘Ayān and al-A'lām.

This is the end of what the three Judges said. We are going to expand on some of their sayings:

a. Their saying: “The Messenger's sadaqat”. the Scholars, traditionists, historians, juristprudents and linguistics of the Khulafā' School used to term all that the Messenger of Allah(S.A.) had left of properties and estates as şadaqat on the basis of what was narrated by Abu Bakr alone, quoting the Messenger of Allah(S.A.) to have said: “What we left is sadaqah.”

b. The properties of the Messenger of Allah stated by them. Hereunder is a description of them and the ways he owned them:

A declaration of the Messenger's Asset and their Origin

a. Mikhriq's bequeath. Mikhriq was the wealthiest of Banu Qaynuqā'. He was one of Jewish rabbis and well versed in the Torah.⁽²⁾When the Messenger of Allah(S.A.) migrated to al-Madinah, he stopped at Qiba at the beginning.

There Mikhriq came to him and announced his accepting Islam.⁽¹⁾

On the Uhud Battle he addressach Kishtepiplankäydmg:

k@BJebas people ! By Allah you do know that Muhammad is a prophet and that is is upon you to support him.” They said: “Today is Saturday!” “No Saturday!” he said. Then he took his weapon and joined the Prophet(S.A.) and was killed. The Messenger(S.A.), upon that, said: “Mikhriq is the best of the Jews.” On his leaving for Uhud, Mikhriq said: “If I was killed, my wealth is for Muhammad."⁽²⁾

His wealth consisted of: seven Hwā’t called: al-A'wa(A.S.)f, as-Sāfiyah, ad-Dalāl, al-Maythab, Barqah, Husna, the Mashrabah of Um Ibrahim in which Mariyyah, the Messengers's maid, used to live.⁽³⁾

Hawā’it is the plural of Hā’it, which is the fenced orchard. The Mashrabah is the room. The Messenger's maid, the Copt Mariyhah, was a gift fromal-Muqawqis, the ruler of alexandriyah (Egypt) to him. she born him his son, Ibrahim, in Dhul-Hijjah. In the year of eight after the Hijrah, but he died after sixteen or eighteen months. The Messenger buried him in al-Baqi'. Usdul Ghabah, 1/38. Mariyhah died in the year 16. Usdul Ghābah, 5/543. Wafā’ul Wafā, pp. 1128 and 1190.

The detailed episodes of these orchards are stated in Wafā'ul Wafā⁽⁴⁾, and in al-Ahkāmus-Sultāniyyah by al-Māwardi and that by Abu Ya'la⁽⁵⁾, and in al-Iktifa: ⁽⁶⁾

As-Samhūdi, quoting al-Waqidi, says: “The Prophet announced al-A'wāf, Barqah, maythab, ad-Dalāl, Husna and the Mashrabah of Um Ibrahim, as endowments, in the year seven after the Hijrah."⁽⁷⁾

b. The Anșar Lands Presented to the Prophet. Ibn 'Abbās says: “When the Messenger of Allah migrated to al-Madinah, They granted him all the lands

which had no access to water, and he could dispose of it as he liked.⁽¹⁾

c The Land of Banu Nadir:When the Jews came to al-Madinah, Banun Nadir dwelt in Bathān of al-'Aliyah. Banu Qurayzah dwelt in Mahzuz of the same part, both of which are valeys sloping down from Harrah, from which sweet waters ran down⁽²⁾. When Allah restored this land to His Messenger, “Umar asked him: “Won't you distribut it by the Khums?” The Messenger of Allah said: “I won't give what Allah has given to me exclusively of the Muslims by His saying: “... That which Allsh has restored to His Messenger ...” Such as the two shares for the Muslims.⁽³⁾

The biographers⁽⁴⁾, the traditionists⁽⁵⁾and the exegists ⁽⁶⁾unanimously confirmed that the land of Banun-Nadir ⁽⁷⁾exclusively belonged to the Messenger of Allah, and to him alone, having the right to do with them as every land-lord has the right to do with his property, spending of it on his family and on himself, and gives of it to whomever he likes. He gave of it to Abu Bakr, ‘Abdur-Rahman ibn ‘Awf, Abu Dujānah ibn Kharsheh as-Sā,idi and others. This happened in the fourth year after the Hijrah.⁽⁸⁾

d. The Lands of Khaybar: Khaybar is about eight post-stages [each post-stage is about 12 miles) from al-Madinah on the road to ash-Shām (Syria). The name covers a whole region comprised of seven or eight ⁽⁹⁾strong fortresses, with

many plantations and date-palms⁽¹⁾populated by the notable Jews who concluded an alliance with the Asrabhkibbs.

On his returning from al-Hudaybiyyah in the months of Şafar or Rabīʻul Awwal, in the seventh the year after the Hijrah, the Messenger of Allah(S.A.)called upon them.⁽²⁾

The Messenger(S.A.) did not permit those who did not attend the Hudaybiyyah to attend the Khaybar Battle, except Jabir ibn 'Abdullah ibn Harām al-Anşāri⁽³⁾, as they had stayed back in al-Hudaybiyyah, spreading disuniting romour against the Muslims.⁽⁴⁾

The Prophet sieged Khaybar for about one month. They used to send out each day ten thousand fighters ⁽⁵⁾, so, some were conquered by force and some others peacefully⁽⁶⁾.That which had been conquered by force he divided into five parts, took one part, the Khums, and distributed the other four-fifths among the Muslims who had attended al-Hudaybiyyah and Khaybar⁽⁷⁾. As he had not enough number of workers to work on the land, he gave it to the Jews to work upon it for half of its yield.⁽⁸⁾

It was said: “The Prophet divided Khaybar into 36 ports, each part one hundered shares: 18 shares for the Messenger of Allah and 18 shares distributed among the Muslims, in-cluding a share for the Messenger similar to the share of anyone of them.⁽⁹⁾

It was also said: “Two of the Muslim's shares were distributed among those who attended al-Hudaybiyyah, and those who came with Ja'far ibn Abi Talib from al-Habashah.⁽¹⁰⁾

It was also said: “The share of the Khums of it was al-Katibah, while ash-Shaq, an-Natāt, Salālim and al-Watih to be for the Muslims, and which he

agreed to remain in the hands of the Jews on the basis of 50-50, and the yield to be distrbuted among the Muslims, until ‘Umar came to power and distributed the land among them according to their shares.⁽¹⁾

Ibn Hishām in his Sirah, as is in al-Iktifā', says: “Al-Katibah was Allah’s Khums and the share of the Prophet, the share of the relatives, the needy, the share of the Messenger's wives and the shares of those who acted to bring about peace with the people of Fadak.⁽²⁾

In Futuhul Buldān it is said: "He allotted a share for the wives of the Prophet and said: “Anyone of you can have the yield if she likes, and anyone of you can have the farm for herself and her heirs.⁽³⁾

In al-Waqidi's al-Maghāzi there are sufficient details about the naming of the two shares of al-Katibah.⁽⁴⁾

Wafā'ul Wafa states: “The people of al-Watih and Salālim made peace with the Prophet(S.A.) for it So, it became exclusively his, The Katibah, which is next to al-Watih and Salālim, was counted as the Khums, and thus they were joined together, and were of the sadaqat left by the Messenger of Allah.⁽⁵⁾This means that some parts of Khybar were conquered by force and some other parts by peace, and in this way the different narratives can be

unified.⁽⁶⁾

The two judges, al-Mādi and Abu Yaʻlā, say: “Of those eight fortresses he owned three: al-Katibah, al-Watih and Salālim. He possessed al-Katibah by way of the Khums of the spoils of war, while al-Watih and Salālim were among the fay' which Allah had given to him, because they were conquered peacefully. So, those three fortresses became exclusively the properties of the Messenger of Allah(S.A.) by the Khums and the fay?»⁽⁷⁾

The author says: Their statement is confirmed by their saying that the Messenger's shares of Khaybar swarlek 18htshiarası Uwlinuhrlanib qarab to all the shares of the other invaders of Khaybar a fact which necessitates that a part of Khaybar was of the fay' which Allah gave to His Messenger since it was taken without war and that the said part was added to the Khums share of what had been conquered by force. In this way the total share of the Prophet equalled the total shares of the Muslims of it.

e. Fadak: Yāqūt, in his Mu'jamul Buldan, says that Fadak was a village in al-Hajaz, at a distance of two or three days from al-Madinah. It had a gushing spring and plenty of palm-trees.⁽¹⁾

When the Messenger of Allah(S.A.) was in Khaybar, or on his leaving it, he sent to the people of Fadak, inviting them to Islam. They refused.⁽²⁾As the Messenger finished with Khaybar, Allah threw horror in the hearts of the people of Fadak, and they sent to the Messenger of Allah(S.A.) offering half of Fadak. He accepted that from them.⁽³⁾

Abu 'Ubayd in his al-Anwal, says: “The people of Fadak had offered to the Messenger of Allah(S.A.) and concluded an agreement with the Messenger of Allah(S.A.) to be spared, to have half of their lands and date-palms, while the Messenger would have half of their lands and date-palms."⁽⁴⁾

It is in Futuhul Buldan that: “... So, half of Fadak exclusively belonged to the Messenger of Allah, because the Muslims did not conquer it by sending men and warfare’. He used to spend whatever he gained from it.⁽⁵⁾

In Shawahidut-Tanzil by al-Hasakāni, Mizānul I'tidal by adh-Dhahabi, Majmaʻuz-Zawa'id by al-Haythami, ad-Durrul Manthür by as-Syūti and Muntakhab Kanzul ‘Ummal, quoting Abu Sa'id Al-Khudri, it is said: “When the āyah 'and give to the relative his (due) right' was revealed, the Messenger of Allah summoned Fātimah and gave Fadak to her. "⁽⁶⁾

A similar commontary was made by Ibn `Abbās on the ayah No. 38 of suratur Rum.⁽¹⁾

f. Wadil Qura: It is a valley between al-Madinah and ash-Shām, in betwwen Taymā' and Khaybar.Taymā' is a small town on the skirts of ash-Shām.⁽²⁾

It was called “Wādil Qurā” [the valley of the villages] because the valley was full of villages from its beginning to its end, with many villages on the road of Hajj from ash-Shām, in which the Jews lived.⁽³⁾

The Conquest of Wadil Qurā

*The Conquest of Wadil Qurā⁽⁴⁾

On his return from Khaybar in the month of Jumādāl Akhirah of the year 7H., the Messenger of Allah(S.A.) came to Wadil Qurā and called its people to Islam. They refused and fought the Muslims. He conquered it by force and Allah made him seize the properties of its people as ghanimah, and the Muslims gained a lot of furniture and articles. The Messenger of Allah got the Khums and left the date-palms and the land in the hands of the Jews, on the same basis as he did with the people of Khaybar. Of that he also had the Khums, and gave to Hamzah ibn an-Nu'mān al-'Udhri ramyat sawt, ie. A certain measure of land, in Wādil Qurā.⁽⁵⁾

For this reason the two judges, al-Māwardi and Abu Ya'lā, said: “He had one-third of Wadil Qurā, because one-third belonged to Banu ‘Adhrah and two-thirds to the Jews, on half of which the Messenger of Allah made an agreement with them, and thus it became three thirds,one-third for the Messenger of Allah(S.A.).⁽⁶⁾

g. Mahzūr: The two judges, al-Ma(A.S.)wardi and Abu Yaʻlā, said: “The eighth şadaqah was a place in the market of the town. It was called Mahzūr. 'Uthmān gave it to Marwān, and the people became angry with him for that.'⁽⁷⁾

The author says: “Makzūr was a valley in al-'Aliyah in which Banu Qoraydh lived. Probably it was latæuhtki ræhædnintonb'ndanke ltaBftdrA the expansion sebti of the town.

Besides what had been said, the Prophet had inherited from his mother, Aminah bint Wahab, her house in which he was born, in Mekka in ‘Ali's Shi'b.

From his wife, Khadijah bint Khuwaylid, he inherited her house in Mekka between as-Safa and al-Marwah, behind the perfurmers market. ‘Aqil ibn Abi Tālib sold that house, after the Messenger(S.A.) Hijrah to al-Madinah. When he came back to Mekka, he was asked, during the Farewell Hajj: "In which of your two houses would you stay?” He said: “Did `Aqil leave us any abode?⁽¹⁾

As to the personal belongings of the Messenger of Allah(S.A.), Hisham al-Kalbi, quoting ‘Awānah ibn al-Hakam, narrated that Abu Bakr aș-Siddiq(may Allah be pleased with him) handed over to ‘Ali(may Allah be pleased with him) the belongings of the Messenger of Allah(S.A.), his camel and his shoes, and said that all other things were sadaqah.⁽²⁾

Those were the details of what the Messenger of Allah(S.A.) had possessed by ways of Khums, presents and fay' of land, of which he gave some to some of his companions and relatives in his lifetime, and kept other items together with his assets. Hereunder we ralate information about what he left after his demise:

Information about the Messenger's

legacy Details about Fātimah's Complaint

The two Companions, the Caliphs, Abu Bakr and ‘Umar(may Allah be pleased with them) seized all that had been left by the Messenger of Allah of lands, butthey touched nothing of what he had given to the Muslims, except what they did to Fadak, which the Messenger had given to his daughter, Fāțimah, in his life, as they took possession of it and of all the lands the Messenger left behind. This was the origin of the dispute between them and Fātimah, as well as was her heritage from him, as the following narratives explain:

a. Umar's Narration:

“Umar narrated: “When the Messenger of Allah(S.A.) died, I and Abu Bakr came to ‘Ali and asked him: ‘What do you say about the things which the Messenger of Allah(S.A.) has left?” He said: “We have more right to the

Messenger of Allah(S.A.) than other people.” And that which is in Khaybar?' I asked 'And Ilat which is in Khaybar,' he said. “And that which is in Fadak? 'I asked. “And that which is in Fadak,' he said. 'Never, by Allah, unless you saw off our necks,' I said".⁽¹⁾

b. The Narration of ‘A’ishah(may Allah be pleased withher):

Al-Bukhāri, in his Sahih (as well as Muslim in his Şahih, Ahmad in his Musnad, Abu Dawūd and an-Nassā’i in their Sunans and Ibn Sa'd in his Tabaqāt) says that Ummul Mu'minîn ‘A’ishah said: “Fātimah sent to Abu Bakr asking him about her inheritance from the Prophet(S.A.), of what Allah had given (as fay) to His Messenger(S.A.), demanding to get the prophet's sadaqah in al-Madinah⁽²⁾, Fadak and the rest of the Khums of Khaybar.⁽³⁾Abu Bakr said: “The Messenger of Allah(S.A.) had said: “We do not bequeath. What we leave is șadaqah, but the offspring of Muhammad may eat from this wealth_ meaning Allah's wealth and they will not get more than what they need for food.' I, by Allah, shall not change anything of the Prophet's sadaqat from what they used to be during the Prophet 's(S.A.) days. I shall do with them the same as the Messenger of Allah(S.A.) used to do with them."⁽⁴⁾

“What concerns his legacy", 3/128.

In this narrative, Abu Bakr called the legacy of the Messenger "sadaqat”, on the basis of the narrative which he himself related from the Messenger to the effect that “what we leave is sadaqah”. Thus, from that day till now the legacy of the Messenger are called “şadaqat.”

As to his saying: “I shall do with them what the Messenger of Allah used to do with them,” and what he meant by his “doing” with them, can be recognized in the following hadīth related by ‘A’ishah, Ummaul Mu'minin. The

beginning of this hadīth is the same as her former hadīth, till she says: “... Fátimah, the daughter of the Marankgehtofi shd bi( Sl.na)kaplubband daleidji Abu Bakr, and remained so till her death, six months after hier father's death." ‘A’ishah said: “Fātimah demanded from Abu Bakr her share of the legacy of the Messenger of Allah(S.A.) in Khaybar, Fadak and his sadaqah in al-Madinah.⁽¹⁾

Ibn Kathir’s Tarikh, 7/285, Ch. on “Declaring that he(A.S.) said: “We do not Bequeath”. Al-Byhaqi's Sunan, 6/300. Ahmad's Musnad, 1/6 and Ibn Sa'd's Țbaqāt.

As regards his sadaqah in al-Madinah, ‘Umar gave it to ‘Ali and ‘Abbās. As for Khaybar and Fadak, 'Umar withheld them and said: “They were the sadaqah of the Messenger of Allah(S.A.), they were to meet the obligations and the perils which could happen to him. Their affair is up to the one who is in power.” He added: “So they are up to this day."⁽²⁾

In this second hadīth of ‘A’isha, the Caliph states that the estates of the Messenger of Allah were “to meet the obligations and the perils which could happen to him” This is also what was meant by the first Caliph in the first hadīth when he said: “I shall do with them what the Messenger used to do with them.” That is: "I shall spend them to meet the obligations and the perils which can happen to me.”

To this also refers ‘A’ishah's coming third hadīth in al-Bukhāri's and Muslim's Sahihs: “Fatimah(A.S.), the daughter of the Prophet(S.A.) sent to Abu Bakr demanding her heritage from the Messenger of Allah: the fay' which Allah had given to him in al-Madinah, Fadak and the rest of the Khums of Khaybar⁽³⁾. Abu Bakr said: “The Messenger of Allah said: “We do not bequeath. What we leave is șadaqah, but the offspring of Messenger(S.A.) may eat from this wealth,' I shall not change anything of the sadaqah of the Messenger of Allah(S.A.). I shall leave it as it was in the days of the Messenger of Allah, and I do with them what the Messenger(S.A.) used to do with them.' Abu Bakr refused to give anything of it to Fatimah. So, Fātimah became angry with Aby Bakr and abandoned him and did not talk to him until she died. She lived after the Prophet for six months. When she died her husband, Ali, buried her at night, whithout informing Abu Bakr, and he performed the

salāt over her. ‘Ali had a face among the people during Fāimh's life. When she died he what denied that desiedtatlhat, so he sought to make up with Abu Bakr and conclude the bayʻah with him, as he had not offered his allegiance during those months ....⁽¹⁾

Sunan, 6/300. Mushkilul Athār, 1/47.

In referring to the cause of the dispute between Fātimah and Abu Bakr, Ummul Mu'minin ‘A’ishah, in her lengthy narrations, confined herself to relating only Fātimah'sdemanding the heritage of her father, whereas her dispute with them concerned three cases:

a. Her dispute concerning the gift which the Messenger of Allah(S.A.) had given to her.

b. Her dispute concerning the heritage of the Messenger of Allah(S.A.).

c. Her dispute concerning the “Share of the relatives”. Hereunder these cases are explained:

Concerning the Gift of the Messenger of Allah(S.A.)

Futūhul Buldan says: “Fāțimah(may Allah be pleased with her) said to Abu Bakr as-Siddiq(may Allah be pleased with him): “Give me (back) fadak because the Messenger of Allah gave it to me.' He asked her for an evidence. she brought Um Aymun and Rabāh, the Messenger's servant. They testified for her. He said: 'In this matter there must be a male witness and two female witnesses.'

In another narration: ‘Ali ibn Abi Tālib testified to her. He asked her to bring another witness. She brought Um Aymun.⁽²⁾

Um Aymun's name was Barakah. she was from Habashah, she was the Messenger's servant and nurse, He emansipated her. she adopted Islam early, and returned to Habasha, then returned to al-Madinah. she married 'Ubayd, the Habashian, and after him she married Zayd ibn Harithah. she died after the Messenger of Allah by five or six months, or in 'Uthman's caliphate. Ibn Majah, in his Sunan, related five hadîths from her. Usdul Ghabah, 5/567. Jawami'us-Sirah, p. 289. Taqribut-Tahdhib, 2/619. Rabah was a black servant of the Messenger of Allah, who usedto ask his permission before entering. He was appointed in place of Yasar, who was killed, to care of the pollination. Usdul Ghabah, 2/160. Jawami'us-Sirah, p. 27. Al-Isabah, 1/490.

Naturally, this dispute started after that Abu Bakr had confiscated Fadak did the estates of the Messengesmoh Ka WehnorhorUthama Flada lab Afferdakitektang Fātimah's witnesses concerning Fadak by Abu Kakr, there appeared another case of dispute concerning the heritage of the Messenger of Allah, which the following narratives relate in details, besides the former hadīths of Ummul Mu'minin ‘A’ishah.

The Dispute Concerning the Heritage of the Messenger of Allah

Adh-Dhahababi's Tārikh, 1/346.

came to Abu Bakr and ‘Umar(may Allah be pleased with them), demanding her heritag from Messenger of Allah(S.A.). They said: “We heard the Messenger of Allah say: I do not bequeath.' She said: “By Allah I'll never talk to you (both).' She died without talking to them."⁽¹⁾

b. Ahmad in his Musnad, at-Tirmidhi in his Sunan, Ibn Sa'd in his Țabaqāt and Ibn Kathir in his Tarikh, quoting Abu Hurayrah, said (as by the first of them): “Fātimah said to Aby Bakr: 'Who would inherit you if you died?' He said: 'My children and family.” she said: “Then why should we not inherit the Prophet(S.A.)?' He said: 'I heard the Prophet(S.A.) say: 'The prophet does not bequeath.' But I sall provide for whom the Messenger of Allah(S.A.) used to provide, and I shall spend on whomever the Messenger used to spend."⁽²⁾

Ibn Sa'd's Tabaqāt, quoting ‘Umar, says: “When it was the day on which the Messenger of Allah(S.A.) died, Abu Bakr was given the bayʻah [to be the successor of the Messenger of Allah]. The next day Fatimah came to Abu Bakr with ‘Ali, and said: 'My heritage from the Messenger of Allah(S.A.), my father?' Abu Bakr said: 'Of the raththah, or of the ‘uqad?' she said: 'Fadak, Khaybar and his sadaqat in al-Madinah, I inherit them as your daughters would inherit you if youdied.' Abu Bakr said: “Your father, by Allah, is better than me, and you, by Allah, are better than my daughters. But the Messenger of Allah(S.A.) said: “We do not bequeath. What we leave is sadaqah,' meaning the standing properties."⁽³⁾

It is noted that 'Umar's specific dating of Fātimah's meeting with Abu Bakr does not coinside with the sequence of the events after asoSaqifah. The truth is what was related by Ibn Abil Hadid, who said: “Fadak case and Fāțimah's presence before Abu Bakr happened after ten days from the death

of the Messenger of Allah."⁽¹⁾

Whichever may be the date, suhahuektionram wihtleld her heritage from the Messenger, on the basis of what he himself narrated from the Messenger, saying: “We do not bequeath. What we leave is sadaqah”, as was stated by Ummul Mu'minin who said: “They differed about his heritage, and they found no information aboutthat with anybody, so Abu Bakr said: 'I heard the Messenger of Allah(S.A.) say: 'We, the Prophets, do not bequeath. What we leave is sadaqah."⁽²⁾

Ibn Abil Hadid, too, in Sharhun-Nahj says: “It is generally known that the hadīth concerning the denial of the heritage was not narrated except by Abu Bakr alone." ⁽³⁾He also said: “Most of the narratives state that this hadīth was not narrated except by Abu Bakr alone. This was stated by the greatest traditionists, such that the jurisprudents, versed in the principles of Fiqh, unanimously refused to argue on the basis of a single narrative narrated by a single Companion. Our teacher, Abu `Ali said: “No narrative is acceptable except if narrated by two, like the testimony.' He was contradicted by all the theologions and the jurispurdents, arguing that the Companions had accepted the narration of Abu Bakr, alone, saying: We, the Prophets, do not

bequeath."⁽⁴⁾

In counting the narratives narrated by Aby Bakr, as-Suyūti says: “The twenty-ninth is the hadīth of: We do not bequeath. What we leave is şadaqah."⁽⁵⁾

The author says: Despite this fact, there were forged hadīths ascribed to other than Abu Bakr to the effectthat he had narrated that from the Messenger of Allah.⁽⁶⁾

Her Dispute with them about the Share of “The Relatives”

When they refused to give to the daughter of the Messenger her father's heritage on the basis of Abu Bakr's hadīth, she demanded from them “the share of the relatives”, as is related by Abu Bakr al-Jawhari in three narratives:

and what Allah has given to us (as fay') of the ghanā’im as in the Glorious Quh'an,concerning the share of the relatives.' Then she recited to him Allalbe saying: “And Know whatever thing you acquire, one-fifth of it is for Allah and for the Messenger and for the relatives', as the ayah goes. Abu Bakr said to her: ‘May my father and mother be your ransom and the father of your children. Hearing and obeying to the Book of Allah and to the right of the Messenger of Allah(S.A.)! I recite in the Book of Allah as you recite, and it did not come to me from it that this share of the Khums was completely given to you.' she said: 'Is it yours and your relatives?' He said: 'No. But I'll spend of it on you and I'll spend the rest on the interests of the Muslims.' she said: “This is not the judgement of Allah.' ...”, as the hadīth goes.

In Kanzul 'Ummāl, quoting Umm Hāni as to have said: “Fātimah came to Abu Bakr demanding “the share of the relatives.” Abu Bakr told her: 'I heard the Messenger of Allah(S.A.) say: 'The share of the relatives is for them during my life, but not for them after my death."⁽²⁾

Umm Hāni was the daughter of Abu Talib. she adopted Islam in the year of the conquest (of Mekkah). she died in Mūʻawiyah's Caliphate. The authors of the Sahihs quoted her for 46

hadiths. Usdul Ghābah, 5/624. Jawami’us-Sirah, p. 280. Taqribut-Tahdhib, 2/625.

In another narrative by Umm Hāni, she joined between Fāțimah's dispute with them about the heritage and her dispute about “the sahre of the relatives”, as stated below:

Futuhul Buldan, Ibn Sa'd's Tabaqāt, adh-Dhahabi's Tarikhul Islam and Sharhun-Nahj, quote Umm Hāni to have said, as in the text of Futūhul Buldān: “Fatimah, the daughter of the Messenger of Allah, came to Abu Bakr(may Allah be pleased with him) and asked him: “Who would inherit you if you died?' He said: “My

children and family.' She said: “Why, then, did you inherit the Messenger of Aslah excluding us?' He said: “I sinhniekiteld foranmtb umfarthed meatlferd gloitd nor silver.' She said: 'Our share in Khaybar and our sadaqah⁽¹⁾, Fadak.""

Ibn Saʻd, in the Tabaqāt, says: “He said: “I did not inherit from your father, neither land, gold, silver, slave nor wealth.'"

She said: “Allah's share⁽²⁾, which He gave to us, and our sāfiyah, are in your hand.'

He said: “O daughter of the Messenger of Allah, I heard the Messenger of Allah say: “It was a means of sustenance granted to me by Allah in my life. When I die it is (to be distributed) among the Muslims."⁽³⁾

According to the texts of Ibn Abil Hadid and adh-Dhahabi’s Tarikhul Islam, he said: “I did not do it, О daughter of the Messenger of Allah(S.A.).”

She said: “Yes, you took Fadak which was sāfiyah for the Messenger of Allah(S.A.), and you turned to what Allah had descended from the heaven, and took it from us!' He said: “O daughter of the Messenger of Allah! I did not. The Messenger of Allah(S.A.) told me that Allah would grant the Prophet(S.A.) a means of sustenance as he lived, and it would be lifted after his death.'She said: “You and the Messenger know better. I am not going to ask you any more after my this session, and she left.”

By “Allah's share” she meant their shares of the Khums, and by “sāfiyah” she meant the propherties exclusively belonged to the Messenger of Allah, and by "you turned to what Allah had descended from the heaven and took it from us” she meant the share of the relatives which is stated in the Qur'an and the heritage rules which cover all the Muslims, the Messenger of Allah(S.A.) and others.

Some narratives say that al-Abbās joined her in demanding the heritage of the Messenger of Allah(S.A.), as narrated by Ibn Sa'd in his Tabqaqat, and al-Muttaqi in his Kanzul 'Ummal, as the former says: “Fātimah came to Abu Bakr asking for her heritage, and al-'Abbās ibn Abdul Muttalib also demanded his heritage, and with him came ‘Ali. Abu Bakr said: “The Messenger of Allah said: “We do not bequeath. What we leave is sadaqah,' and

whoever was provided for by the Prophet, I would provide for him’. Ali said: 'And Sulayman into ritd Dewud'and said: “he inherits me and inherits from Jacob's family Abu Bakr said: 'It is so, and you, by Allah, know like that which I know.' Ali said: “It is the Book of Allah speaking! They, then, kept silent and went away.'⁽¹⁾

This narrative discloses an illusion on the part of the narrators, as Ibn ‘Abbās ans ‘Ali did not come to demand any heritage. They actually came in support of Fātimah. Probably al-Abbās did ask for his share of the Khums, but the narrators were mixed up and thought him demanding a heritage.

After that Fātimah offered all that she had of evidences and witnesses, but all of them were rejected by Abu Bakr, and he refused to give her anything of her father's heritage and of his gift, she decided to expose the dispute to the Muslims public, inviting the support of her father's Companions. So, she went to her father's mosque, as is narrated by the traditionists and historians.

In the as-Saqifah by Abu Bakr al-Jawhari, as quoted byIbn Abil Hdid and Balāghātun-Nisā' by Ahmad ibn Abi Tāhir al-Baghdādi, it is said, according to the text of the first, that when Fatimah realized Abu Bakr's decision to prevent her from having Fadak, she wrapped her veil around her head and her gown around her body, and came, in a group of her nephews, and the women of her people on her wake, her gait no different than that of the Messenger of Allah(S.A.), until she entered upon Abu Bakr who was with a throng of the Anșār, the Muhajirs and others. A curtain was hanged for her. she made such a groan the the people went sobbing and the place resounded with it. Then she stopped for a while until the people calmed down and stopped weaping Then she began her speech. She praised Allah, the Almighty and the Most High and thanked Him. Then she invoked peace upon the Messenger of Allah, and said: “I am Fatimah, the daughter of Muhammad. I once again return to the beginning and say: ‘A Messenger has come to you from among yourselves, grievous to him is your having difficulty, full of concern for you, (and) to the believers (he is) compationate, merciul. If you assert his elationship you will find him my father, not yours, and the brother of my cousin, not of your men ...” Then she went on in her ration, until she said: “... You now allege that we areliable to no heritage: 'Is it the judgement of Jāhiliyyah that they desire? And who is better than Allah as a judge for a people who are sure O son of Abu Qahāfah! Would you inherit your father, but I should not inherit my father? You have committed a strange thing. Take it, harnessed and saddled, as it will meet you on the day of your resurrection.

What an excellent arbitor Allah is, and a claimer Muhammad(S.A.) is, and an appointment the Day of ResurrestnahKisę lats nö natrhák Hhmaurku lubhte wrong doers lose.” Then she turned to her father's grave and recited some lines of poetry, starting with: “There have been after you tidings and chaous ..."⁽¹⁾(The narrator) said: “People have never seen before such hard weepers. she then turned to the mosque of the Ansār and said: 'O you the remnants, the arms of the religion and the embracers of Islam! What is this slockness in supporting me, coolness in helping me, beslighting my right and slumber towards my complaint? Wasn't the Messenger of Allah(S.A.) saying: ‘One is preserved in one's offspring?' So soon you did innovate and were quick in being active! Was it because the Messenger of Allah(S.A.) had died that you caused his religion to die? His death, by my life, is a grave disaster, as its weakness is spreading, its cleft is ambiguious, its amender is lost, for which the earth is in the dark, the mountains are giving way, the hopes become baren, the harim were lost after him, the sanctity violated, and protection is done with. That is a calamity announced by the Book of Allah before his death, and told you about it before his demise: 'Muhammad is but a messenger, before him messengers have passed away. If he dies or is killed will you turn back upon your heels? And whoever turnupon his heels will never harm Allah in the least, and Allah will reward the thankful.'

O You Banu Qilah! You have usurped my father's heritage, while you see and hear, the call reaches you and the voice covers you, and in you are the weapon and the men, You have the place and the protection, and you are the elite chosen by Allah and the best of His elect. You took the affairs by surprise and you combated with the difficulties, until the millstone of Islam got retating, and its good became abundant, and the fires of wars subdued, and the out burst of polytheism gave way, and the call for disorder died away, and the system of religion was established, now you have retreated after advance, recoiled after fearlessness, and felt coward after being brave against a people who set back from their faith after giving their allegiance, and denounced your religion! “So, fight the leaders of disbelief, as they keep no oath, that they may desist. Indeed I see that you have taken to easy life and enjoy comfort, renouncing that which you comprehend and vomiting that which you found palatable. But 'If you and all who are on the earth disbelieve, Allah is, indeed, Self-sufficient, Praiseworthy.

Do know that what I said was because I know the dislayalty which preoccupied you, as well as your weak lance and feeble certitude. So, here you are! Take it as it is leaving with turned back, patched slippers, permanent disgrace, marked dress, connected to 'the Kindled Fire of Allah, which rises over the

hearts? Allah eyes what you do, “And those who do wrong will come to know what a (grave) destnyhtey will have"

He said: Muhammad ibn Zakariyyā, quoting Muhammad ibn ad-Dahhāk, quoting Hishām ibn Muhammad, quoting ‘Awānah ibn al-Hakam, told me: “When Fātimah(A.S.) talked to Abu Bakr as she did, he started by praising and thanking Allah and sending blessings upon His Messenger. Then he said: 'O the best of women, the daughter of the best fathers! By Allah, I did not deviate from the opinion of the Messenger of Allah(S.A.), and I did not act but to his command, and the guide would not lie to his people. You have talked and conveyed, and you spoke roughly and unseemly. May Allah forgive us and forgive you. Now, I have given the belongings of the Messenger of Allah, his mount and shoes to ‘Ali(A.S.). As to other than those, I heard the Messenger of Allah(S.A.) say: ‘We, the Prophets, bequeath neither gold, silver, land, property nor house. But we bequeath faith, wisdom, knowledge and sunnah?. So I did as he commanded and was faithful to him. My success is but by Allah, upon Him I relay and to Him I repent."

The narration of Balaghātun-Nisa', adds that Fatimah said: “O people! I am Fāțimah and my father is Muhammad(S.A.). Returning to the beginning I say: ‘A Messenger has come to you from among yourselves'..." Then it goes on with it as it has already been related. It adds: “Then she said: 'Did you in purpose turned away from the Book of Allah and discarded it behind your backs? Allah, the Blessed and Exalted, says: “And Sulayman inherited Dawūd”, and He, Almighty and Most High, relating the episode of Yahyā ibn Zakariyyā, says: “So, grant me from Yourself a successor to inherit me and inherit from Jacob's family” He, dignified His rememberance, says: “And the relatives are more liable to each other in the ordinance of Allah.” He said: “Allah charges you concerning your children: the male (is to) have the like of two females' partion.” And He said: “... if he leaves behind wealth, he makes a will fair to the parents and the near relatives _ a duty upon the God _fearing ones." Yet you claim that I have no right and no heritage from my father, and that there is no kinship between us. Did Allah reveal an ayah especially for you, from which he excluded His Prophet(S.A.), or do you say: the followers of two faiths are not to inherit one another? Am I and my father not of the same faith? Maybe you are more versed in the general and the particular of the Qur'ān than the Prophet(S.A.)?" Is it the judgement of Jahilliyyah that they desire?⁽¹⁾

Ibn Abil Hadid says: “The case of Fadak and Fatimah's presence before Abu Bakr took place ten days after the demise of the Messenger of Allah(S.A.). The truth is that after the return of Fātimah(A.S.) from that

meeting, no one ever uttered, even a single word, concerning the heritage'⁽¹⁾

Conclusion

The hadīth related in this respect denote that the dispute of the daughter of the Messenger was about three questions:

1. The gift of the Messenger

The Messenger of Allah(S.A.) gave Fadak to his daughter after the revelation of the ayah: “And give to the near relative his right”. But when he died they siezed it together with what they siezed of the legacy of the Mesenger. So, Fātimah disputed with them, proving the correctness of her procedure by presenting a male and a female witnesses, testifying that the Messenger of Allah had given it to her during his life. They did not accept the testimony because it did not reach the prescribed quorum. What proves that Fadak was undr her disposal_besides what had already been stated_the Imam 'Ali's letter to 'Uthmān ibn Hunayf, his agent on al-Basrah, in which he said: “of course, all that we had in our possession under this sky was Fadak. But a group of people felt greedy for it, and another group withheld themselves from it and Allah, after all, is the best orbiter."⁽²⁾

al-Basrah, but he was expelled from it by Talhh and az-Zubayr when they entered the city in the Camel Battle. He resided in al-Kūhere he died in the days of Mu'awiyah. Sharhun-Nahj. 4/77.

2. The legacy of the Messenger

Of the lands which the Messenger left were the following:

a. The Seven Orchards presented to him by Mukhriq.

b. The gifts of the Anṣār given to him of their agricultural lands which were higher than the water level.

c. The agricultural lands of Banun-Naţir and thier date-palms.

d. Eighteen shares out of 36 shares of the Khaybar land, which were of the fertile land of al-Hijāz.

e. The agricultural land of Wādil Qurā and its date-palms.

After the death of the Messenger, the Caliph seized all of that, justifying that on the basis of a hadīth which he alone narrated from the Messenger, as to have said: “We do not bequeath. What we leave is sadaqah,” and that he had said: “If Allah, the Almighty and Most High, granted a catch to a prophet, He

would let it for his successor."

And there was no avail in the proofs presented by the Imam 'Ali and Fātimah from the clear texts of the Qur'ān to the effect that the prophets did bequeath, and that the ayahs concering heritage were conclusive, and the like. She tried to raise the Anşār to no avail. She, thus, was angry with Abu Bakr and ‘Umar, and she never talked to them. When she died she was still angry with them.

3. The share of the Relative

Fātimah demanded the share of the relatives from Abu Bakr, and said to him: “You know that you have wronged us ...” Then she recited: “And know whatever ghanimah you acquire ..." But he refused her, and gave the share of the relatives to weaponry and distant lands, that is, he spent it for fighting those who refuse to pay the zakāt to him. She said to him: “You turned to what Allah had descended from the heaven and took it from us.”

That was a summary of what had been related. Further details will come presently.

How the Caliphs Disposed of the Khums, the Messenger's Legacy

and Fadak, his Gift to his Daughter

a. In the Days of Abu Bakr and 'Umar

Abu Yusuf, in his book al-Khiraj, as well as an-Nassā’i in his Sunan, Abu “Ubayd in his Al-Amwal, al-Bayhaqi in his Sunan, at-Tabari in his tafsir and al-Jassās in his Ahkamul Qur'an, quoting al-Hasan ibn Muhammad ibn al-Hanafiyyah, said: “After the demise of the Messenger of Allah(S.A.) the people differed about these two shares, ie. the share of the Messenger(S.A.) and the share of the relatives. Some said that the share of the Messenger was for the Caliph after him. Some said that the share of the relatives was for the relatives of the Messenger of Allah(S.A.). Some others said that the share of the relatives was for the relatives of the Caliph after him. So, they unanimously decided to assign these two shares to the distant lands and weaponry!

An-Nassā’i’s Sunan and Abu 'Ubayd's al-Amwal add that “They were so used in the times of Abu Bakr and ‘Umar.⁽¹⁾

Ibn 'Abbās, in his narration, says: “The Share of Allah and of His Messenger were made into one, and one for the relatives. Those two shares

were assinged to horses and weaponry, and the share of the orphans, the needy and the wayfarer was not given to others ⁽¹⁾

In another narration he says: “When Allah received His Messenger, Abu Bakr returned the share of the relatives to the Moslims, and it was used in the way of Allah."⁽²⁾

Asked about the share of the relative, Qatādah said: “It was a means of sustenance for the Messenger of Allah(S.A.), when he died, Abu Bakr and “Umar turned it to be for the way of Allah.⁽³⁾

Maybe this is what was meant by Jubayr ibn Mut'im when he said: “Abu Bakr did not pay to the relatives of the Messenger of Allah(S.A.) that which he used to pay."⁽⁴⁾

These narrations were at the beginning, especially in the days of Abu Bakr, when the policy of the Caliphate was directed to sending expeditions to subdue the groups who refused to give the bay'ah to Abu Bakr, and those groups of them who refrained from paying the zakāt to the authority, such as Mālik ibn Nuwayrah⁽⁵⁾, or thsoe who disputed with the givers of the sadaqah about the levied sadaqat, such as some of the Kindah tribes⁽⁶⁾, who were labelled as renegades. After suppressing those groups, the Caliphate mustered armies for conquest. After the expansion of the conquests and the abundance of their wealth, they distributed the Khums among the Muslims, Banu Hāshim and others. They gave back to Banu Hāshim some of the heritage of the Messenger of Allah(S.A.) as being șadaqat which they were to undertake their distribution.

Jabir says: “He used to spend the Khums in the way of Allah, the Exalted, and on the toilers of people. When wealth became abundant, he gave to

others, too."⁽¹⁾

It appears from many narrations that these changes took place during 'Umar’s days, as he tried to give to Banu Hashim a part of the Khums, but they refused to take less than their complete share, as is realized from ibn 'Abbās's reply to Najdah al-Havivi who asked him to whom the share of the relatives belonged. He said: “We used to say: We are they. But our people denied us that⁽²⁾and said: All Quraysh are the relatives.":⁽³⁾

In another narration, Ibn `Abbās said: “The share of the Relative is for the relatives of the Messenger of Allah(S.A.) which he assigned to them. “Umar offered to us some of it, which we saw less than our share and we returned it to him, refusing to accept it."⁽⁴⁾

In another narration Ibn `Abbās said: “It is for us, Ahlul Bayt. “Umar suggested to use it for marrying our unmarried ones, supporting our poor and setlling our debts. But we refused, unless all of it is given to us. He refused that, and we left it to him.⁽⁵⁾

In another narration from ibn 'Abbās, he said: "Umar used to give us of the Khums some thing he thought to be our due, but we rejected it, saying that the share of the relatives is one-fifth of the Khums. “Umar said: “Allah had assigned the Khums to categories which he named. The happiest of them were the most numerious and the poorest.” So, some of us took it and some left

it »⁽⁶⁾

The Imam 'Ali is quoted to have said as narrated by al-Bayhaqi in his Sunan, on the authority of ‘Abdur-Rahmān ibn Abi Yaʻlā, who, meeting ‘Ali near Ahjaruz-Zayt, said to him: "May my father and mother be your ransom.

What did Abu Bakr and ‘Umar do to your rights, Ahlul Bayt, in respect of the Khums ..." (until ‘Ali said): “Umar said : You do have a right,but it has not come to my knowlege that if it was much, all of it must be yours. If you like I shall give you of it what I think is yours.' But we refused that, unless we get it all. He refused to give it all to us.⁽¹⁾

It appears from what is related in some narratives, concerning the Caliph 'Umar giving to al-Abbās, the Messenger's uncle, and to the Imam ‘Ali, a part of the Prophet's estates in al-Madinah to be handled by them, had taken place during that time.⁽²⁾

Messenger of Allah of the properties. Ahmad's Musnad, 1/61. Ibn Sa'd's Tbaqat, 8/28. Muntakhabul Kanz, 3/128, Ch. on “His heritage”.

b. In the Days of the Caliph ‘Uthman

“Uthmān gave the Khums of the conquest of Africa once to Abdullah ibn Sa'd ibn Abi Sarh⁽³⁾, and once to Marwān ibn al-Hakam.

Ibn al-Athir, in his Tarikh, says: "He gave to ‘Abdullah the Khums of the first expedition, and gave to Marwān ibn al-Hakam the Khums of the second expedtion in which he conquered the whole of Africa.'⁽⁴⁾

Ibn Abil Hadid says: “He gave to Abdullah ibn Abi Sarh all that Allah had bestowed upon him from the conquest of Africa in the west, from Tripoli of the west to Tangier, without sharing with him anyone of the Muslims.⁽⁵⁾

At-Tabari says: “When 'Uthmānt sent on duty Abdullah ibn Sa'd to Africa, the Patriarch of Africa, Gregory, made peace with him against payment of two-thousand thousand and five-hundred thousand Dinars and twenty thousand Dinars."

Elsewhere he said: “What Abdullah ibn Sa'd agreed upon with them was three-hundred qintar of gold, which 'Uthmān ordered to be given to al-Hakam family, or to marwān.'⁽⁶⁾

Ibn `Abdul Hakim, in Futūh Afriqa, says: “Mu‘āwiyah ibn Khadij invaded

Africa three times. The first was in the year thirty-four(H.) before the murder of 'Uthman, who gave the Khums of that expedition to Marwān. It was an expedition few people knew about it.⁽¹⁾

Al-Balādhuri, Referring to waht 'Uthmān had been blamed for, and as-Suyūti, in Tarikhul khulafa', say: "He wrote for Marwān the Khums of Africa."⁽²⁾

‘Abdullah ibn az-Zubayr was quoted to have said: "Uthmān sent us on an expedition to Africa in the year twenty-seven(H.). ‘Abdullah ibn Sa'ad ibn Abis-Sarh gained great spoils, of which 'Uthmān gave their Khums to Marwān ibn al-Hakam."⁽³⁾

It is narrated that when Marwān built his house in al-Madinah, he invited the people to his food. Among them he invited al-Musawwar. Talking to them, Marwān said: “By Allah I did not spend on my house from the Muslims' money even a single Dirham or more.” Al-Musawwar said: “It would have been better for if you ate your food and kept silent. You had been with us when we invaded Africa, and you were much poorer and had less attendants and helpers than we had, and your luggage the lightest But the son of ‘Affān ('Uthmān) gave you the Khums of Africa and you were appointed supervisor on the sadaqat, and so you took the wealths of the Muslims ..."⁽⁴⁾

Aslam ibn Aws ibn Bajrah as-Sāʻidi, of the Khazraj who prevented burying 'Uthmān in al-Baqi' _On this accasion said, in poetry:

I swear by Allah, the Lord of the servants

That Allah did not create any creature in vain

You invited “the accursed” and neared him,

Contrary to the tradition of the past.

And you gave to Marwān the Khums of the Servants

Whom you wronged, protecting (your) relatives⁽⁵⁾

the people, not to Allah, His Messenger and his relatives.

(by “the accursed” he meant al-Hakam).

It is in al-Aghāni that: “Marwān bargained the Khums for five-hundred thousand, which was born by ‘Uthmān. This was a cause for much talking and made the peot, “Abdur-Rahmān ibn Hanbal ibn Malil, say the

above-Mentioned lines of poetry.⁽¹⁾

That was the ijtihad of the Caliph 'Uthrman concelaing the Khams As regarding his ijtihad concerning the legacy of the Messenger, Abul Fidā' _ as well as ibn 'Abdi Rabbih sad: “Marwān was given Fadak, the Prophet's sadaqah which Fātimah demanded from Abu Bakr.⁽²⁾

şadaqah”, depending on Abu Bakr's narrative quoting the Prophet to have said: “What we leave is sadaqah."

Ibn Abil Hdid said: "Uthmān gave to Marwan Fadak, which Fātimah(A.S.) had demanded after the death of her father(S.A.), on the grounds of being a heritage or asbeing a gift, but she was pushed (away) from it.⁽³⁾

Abu Dawūd and al-Bayhaqi, in their Sunan, quoting ‘Umar ibn Abdul 'Aziz as to have said in respect of Fadak: “When ‘Umar(may Allah be pleased with him) came to power, he used it as they both did until he passed away. Then 'Uthmān gave it to Marwān ...'⁽⁴⁾

After relating the hadīth in full, al-Bayhaqi said: “Marwān was given Fadak in the days of 'Uthmān ibn 'Affān(may Allah be pleased with him), and it seems that he had interpreted what had been quoted from the Messenger of Allah(S.A.): 'If Allah granted a prophet provisions, it would be for the one who comes after him, and if he (the successor) was in no need of it, he may grant it to his relatives by way of observing their kinship’ ...”.

Ibn `Abdi Rabbih (and likewise Ibn Abil Hadid) said: “The Messenger of Allah had announced Mehrūz (a place in al-Madinah) to be a sadaqah for the Muslims, but 'Uthmān gave it to al-Harith ibn al-Hakam, Marwān’s brother."⁽⁵⁾

and Abu Ya'lā, in the Ch. on “Reporting the Messenger's Legacy” said: "Uthmān gave Mehrūz to Marwan.”

The aforementioned narratives were what has come to our knowledge about the Ijtihad of the Caliph 'Uthmān in respect of the Khums and the legacy of the Messenger of Allah(S.A.) during his rule. But the reason for the people to bear grudge against him, was caused by two questions:

First: Unlike the two Caliphs before him, who used to add those wealths to the public expenditure, 'Uthmān granted them to his relatives.

Second: The attitude of 'Uthmān’s relatives towards Islam and the Muslims, as explained below:

a. Abdullah ibn Sa'd ibn Abis-Sarh al-Amiri al-Qarashi,'Uthman's maternal cousion⁽¹⁾, his foster brother.⁽²⁾

Al-Hākim said: “He used to write for the Messenger of Allah, but his betrayals were discovered and was dismissed by the Messenger of Allah(S.A.)⁽³⁾, so, he turned renegade, deserted Islam and joined the people of Mekka⁽⁴⁾and told them: “I used to deceive Muhammad. If he dictated to me ‘Azizun Hakim’ I would say ‘Alimun Hakim', and he would say: 'Yes, everything is correct⁽⁵⁾. So, Allah revealed against him the ayah No. 94 of the sūratul-An'ām”: “And who is moer doing wrong than the one who falsely forges against Allah, or says: 'It has been revealed to me', while nothing has been revealed to him, or the one who says: 'I will reveal the like of what Allah has revealed? And if you could see when the wrong-doers are in the pangs of death, and the angels stretching out their hands: “Give up your souls, this day shall you be requited with a degrading torment for what you used to speak against Allah, not the truth, and you haughtily turned away from His āyahs."⁽⁶⁾

The Messenger proclaimed his blood as allowed to be shed. When he conquered Mekka, he granted amnesty to all people except four men and two women, who were to be killed even if they took refuge under the curtains of the Ka'bah. Among them was ‘Abdullah, who fled to 'Uthmān, who hid him, Later he broughthim to the Messenger of Allah, after that the people of Mekka felt secured. He asked the Messenger of Allah(S.A.) amnesty for him. The Messenger kept silent for a long time, then he said: “yes.” When 'Uthmān left, the Messenger of Allah(S.A.) said: to those around him: "I kept silent so that one of you might kill him.” A man of the Ansār said: “Why, you could have gestured, O Messenger of Allah!” He said: “A prophet is not to

have a surreptitious look.⁽¹⁾

al-Khazin, an-Nasfi and ash-Shawkani.

Such was Abdull ibn Sa'd⁽²⁾When 'Uthman was chosen as Caliph, 'Amr ibn al-'Āṣ was the governor of Egypt. “Uthmān deposed him from supervising the land taxes, and kept him on the salāt and the army, and appointed ‘Abdullah as supervisor on the land taxes. As they disputed, 'Uthmān deposed ‘Umar from his posts and added the salāt to Ibn Abis-Sarh's posts. After the murder of 'Uthmān, Abdullah kept to isolation, as he disliked Mu'āwiyah, and said: “I would never meet a man I knew him to desire the murder of ‘Uthmān.” He died in ar-Ramlah during ‘Ali's Caliphate. Adh-Dhahabi says: “He narrated the hadīth.

b and c. Marwān and al-Hārith, the two sons of al-Hakam ibn Abil ‘As, ‘Uthmān’s Paternal uncle:

Al-Balādhuri relates that al-Hakam ibn Abil ‘Āș was the Messenger's neighbour during the jahiliyyah, and he was the worst of those who used to hurt him in Islam. He came to al-Madinah after the conquest of Mekka. He was suspected in his religion, as he used to walk behind the Messenger of Allah and make faces with his nose and mouth. When the Messenger(S.A.) used to stand for the salāt, he used to stand behind him, pointing and gesturing with his fingers. He continued doing so, until he was possessed with it. One day, while the Messenger of Allah(S.A.) was in a room of his wives, he came upon him. The Messenger reconized him and come out to him with a staff and said: “Who would blame me if I should requite this contemptible ligard?” Then he added: “This may not live with me, nor his sons.”

And he expelled all of them to at-Tāʻif. When the Messenger of Allah(S.A.) died, 'Uthmān talked to Abu Bakr, requesting him to return them, but Abu Bakr refused his request and said: "I would not give shelter to those expelled by the Messenger of Allah.” Then, when ‘Umar came the Caliphate, 'Uthmān repeated his request about them to him, but he refused and repeated the saying of Abu Bakr. When 'Uthmān came to power he admitted theminto al-Madinah.⁽³⁾

Wearing a shabby gown, he entered al-Madinah, pushing a he-goat, while the people looked at his bad condition and those with him, until he entered

the House of the Caliphate, then, lateron, he came out wearing a pure silk garment and a cloak ⁽¹⁾

In the evenings 'Uthmān used to come to the person in charge of the sadaqat of the Muslims in the Muslim's market, telling him: “Hand them over to al-Hakam.⁽²⁾Afterwards he appointed him in charge of the sadaqat of Banu Qudāʻah, which amounted to three-hundred thousand Dirhams. When he brought them to 'Uthmān, he granted them to him⁽³⁾. When he died, 'Uthmān set up a tent over his grave.⁽⁴⁾

Marwān was 'Uthmān's son-in-law, to his daughter Um Aban, and al-Hārith was also his son-in-law to his daughter ‘Ā‘ishah.

Many hadīths are related from the Messenger of Allah(S.A.) in which he cursed and censured them. He(S.A.) cursed al-Hakam and his sons⁽⁵⁾said: “Woe to my people from those who are in this (man's) loins."⁽⁶⁾

The Messenger of Allah(S.A.) said: “Allah's curse upon him and upon those who will come out of his loin, except the believers among them, though very few."⁽⁷⁾

He also said: “If Banu Abul ‘Āş reached thirty men in number, they would use religion as a shield, the servants of Allah as slaves and the wealth of Allah as their own."⁽⁸⁾

He also said: “I saw in my dream as if Banu al-Hakam ibn Abil ‘As would jump over my minbar like apes.” He was never afterward see composed and cheerful until hedied.⁽⁹⁾

Al-Hākim quoting ‘Abdur-Rahmān ibn ‘Awf, said: “All new born children were usually brought to the Messenger of Allah(S.A.) in order to invake Allah for it. When Marwān ibn al-Hakam was brought to him, he said: “It is the ligard son of the ligard, the accursed son of the accursed."⁽¹⁰⁾

These were part of what the Messenger of Allah(S.A.) had spoken against them. We had already referred to some of the gifts granted to them by 'Uthmān.

So far we have been talking about the ijtihad practised by the Caliphs, before the rule of the Imam Ali ibn Abi Talib,concerning the khums and the legacy of the Messenger(S.A.). Now, let us see what the Imam did with them in his days:

How the Imam 'Ali(A.S.) Dealt with the Khums and the Legacy of

the Messenger(S.A.)

On the authority of Ibn `Abbās, the Khums was, during the life of the Messenger of Allah(S.A.), divided into five shares: for Allah and for the Messenger and share, for the relatives one share, and for the orphans, the needy and the wayfarers three shares.

Abu Bakr, ‘Umar and 'Uthmān(may Allah be pleased with them) divided it into three shares, dropping the shares of the Messenger and the share of the relatives, distributing it among the other three. Then Ali bin Abi Tālib(may Allah honour his face) divided it as Abu Bakr, 'Umar and 'Uthmān(may Allah be pleased with them) did."⁽¹⁾

Asked about the opinion of ‘Ali(may Allah honour his face), Abu Ja'far, al-Bāqir, said: “His opinion was the same as that of his Ahlul Bayt, but he disliked to act differently from Abu Bakr and “Umar(may Allah be pleased with them).⁽²⁾

Muhammad ibn Ishāq says: “I asked Abu Jaffar, Muhammad ibn 'Ali, When ‘Ali ibn Abi Tālib came to be waliyyul-amr of the people, how did he do in respect of the share of the relatives?' He said: 'He took it in the same way taken by Abu Bakr and ‘Umar."⁽³⁾

I said: How is that while you say what you say? He said: 'His relatives did not follow other than his opinion.' I said: What prevented him? He said: “He disliked, by Allah, to be imprecated upon him for the breach of Abu Bakr and ‘Umar."⁽⁴⁾

In another relation in al-Bayhaqi's Sunan, it is said that he had said: “He disliked the breach of Abu Bakr and “Umar be hung upon him."⁽⁵⁾

These narrations denote that the Imam 'Ali changed nothing of what they had done before him inrespect of the Khums and the legacy of the Messenger of Allah. He could have changed nothing.

Al-Bayhaqi, on the authority of Ja'far ibn Muhammad [aș-Sādiq], quoting his father, says: “Al-Hasan, al-Husayn, Ibn 'Abbās and “Abdullah ibn Ja'far(may Allah be pleased with them) asked Ali(may Allah be pleased with him) for their

share of the Khums. He said: “It is your right, but I am figting Mu ́āwiyah. So, if you wish you may let ypur right go."

The writer says that this narration denotes that the Imam had spent the Khums on supplying the army and the preparation for the war with Mu'āwiyah.

The Khums and the Messenger's Legacy in theDays of the

Ummiads Caliphs

It appearse from the narratives that Mu‘āwiyah's ijtihād in prventing Banu Hāshim from the Khums and preventing the offspring of the Messenger from his heritage were similar to the preventions of the three Caliphs before him, though he added to that what was based on his own ijtihād. As to denying them the Khums, the following two narratives prove that:

Ibn Sa'd, in his Tabaqāt, says: “When 'Umar ibn 'Abdul Aziz ordered that some of the Khums be paid to Banu Hāshim, a number of them gathered and wrote a letter which they sent to him, thanking him for his observing kinship connection, as they had been neglected ever since the day of Mu‘āwiyah ..."⁽¹⁾as the narrative goes.

In the same source it is also said that “Ali ibn Abdullah ibn 'Abbās and Abu ja'far, Muhmmad ibn ‘Ali, said: “No Khums was distributed among us ever since Mu‘āwiyah's day till this day.'⁽²⁾

As regarding the consequence of his own Ijtihād in this respect, it is narrated in the biography of al-Hakam ibn 'Amr by al-Hakim in his al-Mustadrak, adh-Dhahabi in his at-Talkhis, Ibn Sa'd in his Thaqat, Ibn `Abdul Barr in his al-Isti'āb, and Ibn al-Athir in Usdul Ghābah, and also in the events of the year 50H.in the Tarikhs by at-Tabari, Ibn al-Athir, adh-Dhahabi, Ibn Kathir⁽³⁾(our quotation is from al-Hākim then from at-Tabari):

Al-Hākim said: “Ziyād appointed al-Hakam ibn 'Amr al-Ghifari as a governor of Khurāsān. They gained plenty of spoils. Ziyād wrote to him: ‘Amirul Mu'minin [the Caliph] wrote that for him the white and the yellow should be chosen, and that no gold and silver should be distributed among the Muslims."

At-Tabari in his Tarikh says: “Amirul Mu'minin wrote to me that I should select for him every white any yellow, as well as the masterworks. So, remove nothing before putting them aside.” Al-Hakam replied: “I received your letter

telling me that Amirul Mu'minin wrote that every yellow, white and masterwork, should be put aside for him and that I should remove nothing , but the letter of Allah is before the letter of Amirul Mu'minin. By Allah, if the heavens and the earth were closed to a servant [of Allah] and he piously feared Allah, Allah, the Exalted, would arrange for him an outlet.' He told the people: 'To your spoils!' and so they did. He put the Khums aside and distributed the spoils among them. The narrator says that Ziyād wrote to him: “By Allah, should I remain[to get] to you, I would cut a harām portion off you.” The end of at-Tabari's narration.

Al-Hākim syas: “When al-Hakam did thus to the division of the fay', Mu'awiyah sent somebody who arrested him and imprisoned him till he died and was buried in his fitters, and said: I am an opponent.

In his biography in Tahdhibut-Tahdhib, it is said: “Mu'āwiyah sent an agent who replaced him and imprisoned him and put him in fitters, until he died in there."⁽¹⁾

Al-Hakam is ascribed to Banul Ghaffar, though he is their cousin. Ibn Sa'd in his Tabaqat,7/1//8, says: “He accompanied him until he died”, ie. he accompanied the Messenger of Allah until the Messenger died. In it, as well as in al-Istiʻab, is that he related narratives from the Messenger of Allah. The authors of the Sahihs, except Muslim, quoted from him. Taqribut-Tahdhib, 1/192 and Jawāmʻus-Sirah, p. 306.

At-Tabari and others said that al-Hakam said: “O Allah I if I have some privilege with you, then take me” So, he died in Marw in Khurasān.

The writer says: “Some of the ulema disliked this narrative, so they related it incomplete and distorted, like adh-Dhahabi, who, in his Tarikh, said: “... SO he wrote to him: “Do not distribute, neither gold nor silver.' He wrote (back)to him: 'I swear by Allah if the heavens were close ... as the narrative goes."

Ibn Kathir said: “Ziad's letter, at the order of Mu‘āwiyah, reached him, telling him that he should select the gold and silver from the spoils for Mu'āwiyah's treasury.”

Ibn Hajar, in the biography of al-Hakam in his at-Tahdhib(as well as in al-Isābah), says: “Mu'āwiyah sent him as governor of Khurāsān. Then as he became angry with him for a certain reason, he sent another governor who imprisoned al-Hakam and put him in chains until he died in his fitters.”

This was the story of al-Hakam ibn 'Amr. Those who said that it was the story of ar-Rabi' ibn Ziyād al-Hārithi were mistaken, as when ar-Rabi' heard about the execution of Hujr ibn `Adiy, said: “O Allah, if ar-Rabi' has some privilege with you, then take him.” He did not leave the place until he died.

Look up his biography in Usdul Ghābah, 2/164.

So far we related what concerned the Khums during the days of Mu'awiyah. As regards the legacy of the Messenger of Allah(S.A.) during his days,concernin Fadak, Ibn Abil Hdid relates what had been said in Sharhun-Nahj as below:

After the death of al-Hasan ibn Ali, Mu‘āwiyah gave one-third of Fadak to Marwān ibn al-Hakam, and one-third to ‘Amr ibn 'Uthmān ibn 'Affān, and one-third to Yazid ibn Mu‘āwiyah. Then they changed hands until finally it completely became Marwān’s.⁽¹⁾

Ibn Sa'd, in his Tabaqāt, narrates that when Mu‘āwiyah was angry with Marwān and deposed him from the governorship of al-Madinah, took back Fadak from him, and it remained in the hands of his agent in al-Madinah, al-Walid ibn 'Utbah ibn Abi Sufyān demanded it from Mu‘āwiyah, but he refused to give it to him. Saʻid ibn al-As demanded it from Mu‘āwiyah, but he refused too. When Mu'āwiyah reappointed marwān as governor of al-Madinah for the last time, he returned Fadak to him, without being demanded by Marwān. He also returned to him its past yields, and thus it remained in the hands of Marwān⁽²⁾

Some mistakenly thought that Mu ́āwiyah was the first to give Fadak to Marwān, whereas 'Uthmān, before Mu ́āwiyah, was the first to give it to Marwān. Maybe the cause of this mistake is that Mu'awiyah was the last to return it to Marwān, as we have already said.

In the Days of the Ummayyads after Ma'āwiyah

Other Caliphs of Banu Ummayyah dealt with the Khums as one deals with one's own property (except the son of Abdul `Aziz) granting it to whomever they liked, or keeping it for themselves in their treasuries along with other properties they seize from the others, like al-Walid ibn 'Abdul Malik who gave it to his son, 'Umar, according to an-Nassā'i's narrative. He says:

"Umar ibn 'Abdul 'Aziz sent a letter to 'Umar ibn al-Walid, in which he wrote: ‘Your father gave to you the whole of the Khums, whereas your father's share is equal to that of an ordinary Muslim man, and in it is the rights of Allah, the Messenger, the relatives, the orphans and the wayfarer. So, how many your father's opponents are! How can be saved the one whose apponents are so many? Furtheremore, your openly playing the music instruments and the flutes, which is an innovation in Islam. I was about to

send to you somebody to cut off your crown hair, the evil crown.⁽¹⁾

grammatical mistakes. He became Caliph in the month of Shawwal, in the year eighty-six, and died in the middle of the month of Jumadal Akhirah, in the year ninty-six. He was then fifty-one

years old.

Except in this narrative we foound no mention of the Khums and the legacy of the Messenger of Allah(S.A.) after Mu‘āwiyah, nor that there was any change in what it used to be in the days of Mu'āwiyah, until “Umar ibn Abdul Aziz came to power.

In the Days of 'Umar ibn 'Adul 'Aziz

“Umar⁽²⁾

Abu Bakr ibn Muhammad ibn 'Amr ibn Hazm al-Ansari an-Najjari. He died in the year 120H. The authors of the Sahihs quoted from him. Taqribut-Tadhib, 2/399.

Ibn Sa'd, quoting Ja'far ibn Muhammad, said: "Umaribn Abdul Aziz distributed the share of the relatives [of the Khums] among Banu ‘Abdul Muttalib, excluding their women who were not of Banu Abdul Muttalib.”

He also narrated that: “When the letter of 'Umar ibn Abdul Aziz reached the wali of al-Mdinah, telling him to distribute the Khums among Banu al-Muttalib, the wali wanted to exclude Banu Hāshim. Banu ‘Abdul Muttalib