Thaqalain - Part
From: "Mohammed Yusuf Jaffer"
Subject: Thaqalain part 16
Date: Fri, 24 Apr 1998 10:46:38 PDT
Today we continue with the Thaqalain
WITH COMPANIONS (V)
Abu Bakr (r.a) and Umar (r.a) - (I)
When the Holy Prophet returned to Medina,
Gabriel revealed the following: "And give to the near of kin his due and
(to) the needy and the wayfarer, and do not squander wastefully." (17:26)
The Holy Prophet pondered the significance of
this revelation. Gabriel appeared again and informed him that Allah had
decreed: "Let Fadak be given to Fatima." The Holy Prophet called Fatima and
said: "Allah has commanded me to bestow Fadak as a gift to you." So he
immediately gave possession of Fadak to Fatima.
The chief of the commentators, Ahmad Tha'labi
in his Kashfu'l-Bayan; Jalalu'd-din Suyuti in his Tafsir, vol. IV, reporting
from Hafiz Ibn Mardawiyya; the famous commentator Ahmad Bin Musa (died 352
A.H.) reporting from Abu Sa'id Khadiri and Hakim Abu'l-Qasim Haskani; Ibn
Kathir; Imadu'd-din Isma'il; Ibn Umar Damishqi; Faqih-e-Shafi'i in his
Ta'rikh, and Sheikh Sulayman Balkhi Hanafi in his Yanabiu'l-Mawadda, ch. 39,
reporting from Tafsir-e-Tha'labi, Jam'u'l-Fawa'id and Uyunu'l-Akhbar - all
narrate that when the verse "and give to the near of kin his due" was
revealed, the Holy Prophet of Allah called Fatima and bestowed the great
Fadak upon her as a gift. Accordingly, so long as the Holy Prophet lived,
Fadak remained in Fatima's possession. That exalted lady leased the land;
its revenue was collected in three installments. Out of this amount she took
enough money for food for her and her children and distributed the rest to
the poor people of Bani Hashim. After the demise of the Holy Prophet, the
officers of the ruling caliph snatched this property from Fatima.
Consequently, one finds that all historians
and scholars of tafsir, as well as of hadith, relate that Fatima (A.S.)
claimed that Fadak was her property and that Abu Baker refuted her, asking
her to provide witnesses to support her claim. She brought 'Ali b. Abi Talib
and Umm Ayman, but Abu Bakr did not accept their testimony, considering it
insufficient. Ibn Hajar admitted this in his al-Sawaيiq
al-Muhriqa (page 21) when he reported that Fatima claimed that the Prophet (S.A.W.)
had given her Fadak as a gift but had no witness to her claim except 'Ali
and Umm Ayman. Yet their testimony did not meet the stipulated conditions to
be considered as sufficient proof.
Also Imam Fakhru'd-din Razi in his
Tafsir-e-Kabir concerning the claim of Fatima; Yaqut Hamawi in his
Mu'ajamu'l-Buldan; Ibn Abi'l-Hadid Mu'tazali in Sharh-e-Nahju'l-Balagha,
vol.IV, p. 80, from Abu Bakr Jauhari and the fanatical Ibn Hajar in
Sawa'iq-e-Muhriqa, p.21, under the heading Shuhubhat-e-Rafza, VII Shubha,
narrate that the first claim of Fatima was that Fadak had been a gift. When
her witnesses were rejected, she was much pained and said in anger that she
would not talk to Abu Bakr and Umar again.
This fact is recorded not only in Shia books,
but also in those written by your own prominent ulema. It is recorded in
Siratu'l-Halabiyya, p.39, compiled by Ali Bin Burhanu'd-din Halabi Shafi'i
(died 1044 A.H.) that at first Fatima remonstrated with Abu Bakr that she
owned Fadak and that it had been given to her by the Holy Prophet of Allah.
Since witnesses were not available, she was forced to claim her right
according to the law of inheritance.
FROM HADITH 'LA NURIS' - WE DO NOT LEAVE LEGACIES
When Fatima (a.s) was forced to claimed her
right according to the law of inheritance, Abu Baker brought new obstacle by
declaring that he heard the Holy Prophet say: "We prophets do not leave
behind any legacy; whatever we leave as inheritance is charity" (i.e., the
property of umma).
FADAK WAS A
GIFT - NOT A LEGACY AND HADITH 'LA NURIS' IS CONCOCTED
The purported hadith is unacceptable, there
are many reasons for rejecting this hadith. First, it was not an
inheritance, but a gift.
Second, whoever contrived this hadith uttered
it without thinking about the words he used. If he had been careful about
it, he would never have said: "We prophets do not leave any inheritance,"
because he would have known that his lying would be exposed by the very
wording of this concocted hadith. If he had used the words "I have not left
behind any legacy," his attempted hadith would have been more plausible. But
when he used the plural "We prophets..."we are
obliged to investigate the truth of the hadith and we refer to the Holy
Qur'an for guidance. We find that there are a number of verses which tell us
that the prophets in fact did leave inheritances. This proves that this
hadith is to be rejected outright.
ARGUES HER CASE. FATIMA'S ARGUMENTS REJECTING HADITH LA NURIS
In his Kitab-e-Saqifa the great scholar and
traditionist, Abu Bakr Ahmad Bin Abdu'l-Aziz Jauhari, about whom Ibn
Abi'l-Hadid says in his Sharh-e-Nahju'l-Balagha that he was one of the
eminent ulema and traditionists of the Sunnis; Ibn Al-athir in his Nihaya;
Mas'udi in Akhbaru'z-Zaman and in Ausat; Ibn Abi'l-Hadid in
Sharh-e-Nahju'l-Balagha, vol. IV, p. 78, quoting from Abu Bakr Ahmad
Jauhari's book Saqifa and Fadak in different ways and from a number of
sources, some of which refer to the fifth Imam Muhammad Baqir through
Siddiqi Sughra Zainab-e-Kubra and some of which refer to Abdullah Ibn Hasan
on the authority of Siddiqi Kubra Fatima Zahra and on the authority of
Ummu'l-Mu'minin A'yesha and also on the authority of Muhammad Bin Imran
Marzabani, he from Zaid Bin Ali Bin Husain; he from his father, and he from
his father Imam Husain; and he from his illustrious mother, Fatima Zahra;
and many other ulema of your sect have narrated the speech of Fatima before
a large gathering of the Muslims. The opponents were stunned when they heard
her reasoning and could not reply. Since they had no answer to make they
caused a disturbance.
One of the arguments of Fatima rejecting the
hadith was that, if the hadith were true, then why were there so many verses
about the inheritances of the prophets. She said: "At one place the Holy
Qur'an says, 'And Solomon was David's heir.'"(27:16)
About the prophet Zakariyya the Holy Qur'an
says: "Therefore grant me from thyself an heir, who shall inherit [*] of me
and inherit (also) of the house of Jacob." (19,5-6)
About Zakariyya's invocation the Holy Qur'an
says: "And Zakariyya, when he cried to his Lord: 'O my Lord, leave me not
childless, though Thou art the best of inheritors.' So we responded to him
and gave him Yahya." (21: 89,90)
[*] The important word to note is "who shall
inherit." He did not say "Make my son a Prophet." It become clear that the
word inheritance is meant in its comprehensive sense, that is, it include
material as well as spiritual inheritance. If only the children of a prophet
could inherit prophethood then how did Prophets Musa (a.s) and Issa (a.s)
became prophets when their fathers were not prophets.
After that she said: "O Son of Abu Qahafa! Is
it there in the Book of Allah that you are an heir of your father and I am
deprived of my father's legacy? You have committed a great slander. Have you
people deliberately abandoned the Book of Allah (the Holy Qur'an) and
ignored it altogether? Am I not the descendant of the Holy Prophet? Why are
you depriving me of my right? Why are all these verses of inheritance, which
are intended for all people in general and for the Prophets in particular
included in the Holy Qur'an? Is it not a fact that the verses of the Holy
Qur'an shall remain unchanged until the Day of Judgment? Does not the Holy
Qur'an say: 'And those who are akin are nearer one to another in the
ordinance of Allah...' (8:75)" and: 'Allah enjoins you about your issue! the
male shall have the equal of the shares of two females.' (4:12) and:
'Bequest is prescribed for you when one of you approaches death, if he leave
wealth, that he bequeath unto parents and near relations in kindness. (This
is) a duty for all those who ward off (evil).' Then why have I, in
particular, been deprived of my father's legacy? Has Allah revealed some
special verses to you, which exclude my father (from his right). Do you know
the outward and inner meanings of the Holy Qur'an better than my father,
Muhammad, and my cousin, Ali?"
She cried: "Today you have broken my heart. On
the Day of Judgment I will file a suit against you in the Divine Court of
Justice and Allah Almighty will decide the case justly. Allah is the best
judge. Muhammad is the master and lord; our and your promised time is the
Day of Resurrection. That day the transgressor will be losers, and your
repentance will do you no good. For everything there is an appointed time
and you will know before long who will be afflicted with scornful
RETURNING FADAK TO FATIMA AND UMAR'S INTERVENTION
Third, besides this, if the hadith were
correct and if Abu Bakr believed that it was the Holy Prophet's ordinance,
then why, after confiscating Fadak (which he considered to be charity
belonging to the Muslims) did he write a document that the property be
returned to Fatima? Later Caliph Umar intervened and destroyed the document.
By now you are probably aware that I never
make a claim which I cannot fully support. Ibn Abi'l-Hadid in his
Sharh-e-Nahju'l-Balagha and Ali Bin Burhanu'd-din Shafi'i in his Ta'rikh
Siratu'l-Halabiyya, vol. III, p. 391, write that Abu Bakr was moved to tears
by Fatima's impassioned speech. He wept because of Fatima's plight and
subsequently wrote a document stating that the property be returned to her.
But Umar destroyed the document.
It is however surprising that the same Umar,
who during Abu Bakr's caliphate objected to the returning of Fadak, returned
it to its heirs during his own caliphate. Similarly the Amawid and Abbasid
caliphs also returned it to the heirs of Fatima.
REJECT HADITH LA NURIS
Fourth, if the prophets do not leave behind
anything for inheritance, why did Ayesha and Hafsa ask for their share from
the assets of Holy Prophet (s.a.w)? In Sahih al-Bukhari , vol III page 39
and Ibn Hadid in his book 'Sharhe Nahjul Balagha' writes: Ayesha and Hafsa
came to see Usman, during his Caliphate, and asked him to give them their
shares of what they had inherited from the Messenger of Allah (s.a.w). Usman
was stretched on his seat, so he sat up and said to Ayesha : "You and that
woman sitting next to you brought a man who cleansed himself with his urine
and testified that the Messenger of Allah (s.a.w) said, 'We the prophets, do
not leave behind any inheritance. If the Prophet truly did not leave any
inheritance, why did you deprive Fatima of her legal share?" After that she
left him feeling very angry and said, 'Kill Na'sal (i.e Usman), for he has
become an unbeliver.'
REMONSTRATING WITH ABU BAKR
Many scholars have recorded that when Fatima
finished pleading her case, Ali began his remonstrance in the public
gathering of Muslims in the mosque of Medina, turning towards Abu Bakr, he
said: "Why did you deprive Fatima of her father's legacy, though she was its
owner and possessed it during the lifetime of her father?" Abu Bakr replied:
"Fadak is the booty of the Muslims. If Fatima produces complete evidence
that it is her own property, I will certainly give it to her; otherwise, I
will deprive her of it."
The Holy Imam said, "Is it not a fact that
when you pronounce a judgment about Muslims, in general, you pass quite a
contradictory judgment concerning us?"
"Hasn't the Holy Prophet said that the onus of
proof lies on the plaintiff and that of defense on the defendant? You have
rejected the judgment of the Holy Prophet and, contrary to religious law,
you demand witnesses from Fatima who has been in possession of the property
since the time of the Holy Prophet. Moreover is the word of Fatima, who is
one of the Ashab-e-Kisa (people of the mantle) and who is included in the
verse of purity, not true?"
"If two persons were to give evidence that
Fatima had committed some wrong, tell me how would you treat her?" Abu Bakr
said, "I would inflict punishment on her as I would any other woman."
The Holy Imam said, "If you did this, you
would be an infidel before Allah, because you would have rejected Allah's
evidence about Fatima's purity. Allah says 'Verily, Verily, Allah intends
but to keep off from you every kind of uncleanness, O you the People of the
House, and purify you (with) a thorough purification.' Is this verse not
revealed in our praise?"
Abu Bakr said: "Why not?"
The Imam said: "Is it possible that Fatima,
whose purity Allah has verified, would lay a false claim to a petty
property? You reject the evidence of the purified one and accept the
evidence of the Arab who urinates on the heel of his own foot!"
After saying this the Imam returned to his
home angry. His protest excited the people. Everyone said: "Truth is with
Ali and Fatima. By Allah, Ali speaks the truth. Why is the Holy Prophet's
daughter treated so outrageously?"
Ibn Abi'l-Hadid narrates that the people were
deeply impressed by the protests of Ali and Fatima and began to cause a
disturbance. Abu Bakr, who saw that the two holy persons had already left
the mosque went to the pulpit and said:
"O people! Why are you so disturbed. Why do
you listen to everybody? Since I have rejected their evidence, they are
talking nonsense. The fact is that he is a fox who is betrayed by his own
tail. He creates all sorts of disturbances. He minimizes the importance of
disturbances and incites the people to create agitation and uproar. He seeks
help from the weak. He seeks assistance from women. He is like Ummu't-Tihal
with whom people of her own house were fond of fornicating."
To be continued..