أبو بكر بن العربي
Death: 543H 1148
DEFENCE AGAINST DISASTER by QADI ABU BAKR IBN AL-`ARABI
Accurately Determining The Position Of The Companions After The Death Of The Prophet, May Allah Bless Him And Grant Him Peace AL-`AWASIM MIN AL-QAWASIM
Ibn Shihab said....
64. In what Iman al-Bukhari related from him in his ‘Sahih’ (book 56, chap. 12, pt. 3, pp. 205-206, book 64, chap. 17, pt. 5, p. 31, sura 9, chap. 20 and sura 33, chap. 3, book 66, chaps. 3 & 4, book 93, chap. 97 and book 87, chap. 22.) "Kharija b. Zayd informed me that he heard Zayd b. Thabit say, "One ayat of the sura of ‘The Clans ( al-Ahzab) was missing when we copied out the mushaf which I had heard the Messenger of Allah, may Allah bless him and grant him peace, recite. We looked for it and found it with Khuzayma Al-Ansari, ‘There are men from the believers who are true to the contract which Allah took from them.’ We attached it to its sura in the copy of the Qur'an. "
As for what is related that he burned them or ripped them (with Ha’ or Kha’) both are possible since there would have been corruption in letting them remain, or that there was something in them that was not part of the Qur'an or something abrogated from it, or it was not in the proper order. All the Companions submitted to that, although it is related that Ibn Mas`ud spoke in Kufa and said, "Allah said, ‘Whoever defrauds will bring what he has defrauded on the day of rising.’ I take away your copies of the Qur'an. Whoever of you is able to take away his copy of the Qur'an should do it." Ibn Mas`ud meant that his mushaf would be taken from him and he should confirm what he knew in it. When that was not done for him, he said what he said. Therefore `Uthman forced him to remove his copy of the Qur'an and erase its marks so Ibn Mas`ud never had a firm recitation. Allah helped `Uthman and the truth by removing it from the earth (i.e. Ibn Mas`ud’s version).
65, `Abdullah b. Mas`ud was one of the great `ulama’ of the Companions and one of those who were the most excellent in the recitation of the Book of Allah. The Messenger of Allah, may Allah bless him and grant him peace, once praised the good recitation of the Qur'an of Ibn Mas`ud . Abu Bakr and `Umar raced to convey the good news of this prophetic praise (Look at ‘The Musnad’ of Ahmad 1:25-26, first edition, no. 175, second edition). Ibn Mas`ud used to write down what was revealed in the Qur'an in his copy whenever the revelation of ayats of it reached him. He differs in the order of these ayats from the `Uthman copies which were based on the last presentation to the Messenger of Allah, may Allah bless him and grant him peace, according to the ijtihad of the Companions entrusted with gathering it. It is possible that in his copy, Ibn Mas`ud missed some of the ayats from other reciters of the Qur'an which Zayd b. Thabit and his colleagues had searched out. In addition to that, Ibn Mas`ud was dominated by the dialect of his people, Hudhayl. The Prophet, may Allah bless him and grant him peace, allowed people like Ibn Mas`ud recite in their own dialects, but it was not for Ibn Mas`ud to compel the community in his time and times after him to use his particular dialect. Part of the blessing was to unify the community in the recitation of the Book of its Lord in the Mudhari dialect which the Messenger of Allah, may Allah bless him and grant him peace, spoke.
4. As for the Hima (a place of pasture and water forbidden to the public), it already existed.
66. When a noble man in the time of Jahiliyya settled on a piece of land he had a dog bark, and then made the area (within the bark of the dog) exclusive for his own horses, camels and beasts, and no one else could share it. When Islam came, the Prophet, may Allah bless him and grant him peace, said, "There is no hima except for Allah and His Messenger." Al- Bukhari related it from the hadith of as-Su`ab b. Jathama in ‘The Book of Sharecropping’ (book 42, chap. 11) and ‘The Book of Jihad’ (book 56, chap. 146) in his ‘Sahih’. Imam Ahmad related it in his ‘Musnad’ (4:71 & 73, first edition) from the hadith of as-Su`ab b. Jathama as well. The Messenger of Allah, may Allah bless him and grant him peace, made a hima at a place called an-Naqi’. This refers to Naqi’ al-Khadmat, as in ‘The Musnad’ of Imam Ahmad (2:91, 155 & 157, first edition, no. 565, 6438 & 6464, second edition) from the hadith of Abu `Abdu’r-Rahman b. `Umar al-`Umari from Nafi` from Ibn `Umar that the Prophet, may Allah bless him and grant him peace, made an-Naqi’ a hima for horses.
Hammad b. Khalid, the transmitter of this hadith from `Abdullah b. `Umar al-`Umari said, "Oh `Abdu’r-Rahman, his horses?" He said, "The horses of the muslims." (i.e. Those kept for jihad or owned by the Treasury). This an-Naqi’ is about 20 parsangs from Madina and is area was one mile by eight as is recorded in ‘The Muwatta'’ of Malik in the riwaya of Ibn Wahb. It is known that this continued during the khalifate of Abu Bakr the same as in the time of the Prophet, may Allah bless him and grant him peace, especially as there was more need of horses and camels for jihad than before. In the time of ``Umar, the hima was widened and it included Sarf and ar-Rabadha. `Umar put an agent in charge of the hima who was a client of his called Hani’. In ‘The Book of Jihad’ from the ‘Sahih’ of al-Bukhari (book 56, chap. 180) from the hadith of Zayd b. Aslam from his father is the text of the instruction of the Amir al- Mu'minin `Umar to his agent who was in charge of the hima to bar the animals of the wealthy like `Abdu’r-Rahman b. `Awf and `Uthman b. `Affan but to be indulgent with the one with sheep and the one whose land had been reaped so that their animals would not be destroyed.
As `Umar extended the hima to more than what it was in the time of the Prophet, may Allah bless him and grant him peace, and Abu Bakr, due to the increase of the beasts of the Treasury in his time, so `Uthman expanded it because of the expansion of the state and the increase in conquests. That which the Prophet, may Allah bless him and grant him peace, permitted for the beasts of the Treasury and which Abu Bakr and `Umar continued was permitted for the Treasury in the time of `Uthman. Any objection to it is an objection to a matter which is included in the Islamic Shari`a. When `Uthman replied to the question about the hima when he defended himself before the assembly of the Companions, he announced that those who were in charge of the hima limited it to the zakat animals of the muslims in order to protect them so that there would not be any conflict with other animals next to it.
They did not deny nor push anyone away form it. He mentioned about himself that before he was appointed khalif, he had the greatest number of camels and sheep of the arabs. Then that time passed and he did not have more than two camels for his Hajj. He asked those of the Companions who knew that, "Is that not the case?’ They replied, "Oh Allah, yes." It is said that `Uthman added to it due to the increase in the herds. If the origin of its permission is that need, then it is permitted to increase its size when the need increases.
5. As for his exiling Abu Dharr to Ar-Rabadha, he did not do it.
67. Abu Dharr chose to retire to Ar-Rabadha and `Uthman agreed with him about it as will be seen. He honoured him and gave provisions which would give him ease. Abu Dharr was an ascetic. He used to scold the governors of `Uthman and he recited to them, "Those who hoard up gold and silver and do not spend it in the way of Allah, give them the good news of a painful punishment" (9:34) He saw them increasing the amount of mounts and clothes and he objected to them doing that and wanted to divide up everything in their possession that was not a necessity. Ibn `Umar and other Companions said. "That on which zakat has been paid is not treasure."
68. Look at the clarification of Fiqh and the details of the Shari`a on this question in ‘The Path of the Sunna’ by Ibn Taymiyya (3:198-199). In Syria, some words passed between Abu Dharr and Mu`awiya.
69. At-Tabari (5:66) reported and gave a lot of Islamic sources that when Ibn as-Sawda’ (`Abdullah b. Saba’) came to Syria, he met Abu Dharr. He said, "Abu Dharr, aren’t you amazed at Mu`awiya saying, "The property is the property of Allah. Doesn’t everything belong to Allah? As if he means to cut it off from the muslims and erase the name of the muslims." Abu Dharr therefore came to him and said, "What leads you to call the property of the muslims the ‘property of Allah’?" Mu`awiya said, "May Allah have mercy on you Abu Dharr! Are we not the slave of Allah and is not all property His property, and all creation His creation, and all business His business?" Abu Dharr said, "Do not say that." Mu`awiya said, "I do not say that it does not belong to Allah, but I will say, ‘The property of the muslims." Ibn as-Sawda’ (`Abdullah b. Saba’) came to Abu’d-Darda’ and Abu’d-Darda’ said to him, "Who are you? By Allah, I think that you are a jew." Ibn Saba’ came to `Abdullah b. as- Samit and busied himself with him. `Abdullah brought him to Mu`awiya and said, "By Allah, this is the one who sent Abu Dharr to you!" Abu Dharr went to Madina and people gathered around him. He began to act in that way. `Uthman said to him, "If you were to retire ..." meaning that you have a school which is not conducive to mixing with people. Mixing with people has preconditions and retirement has preconditions as well. Whoever is on the path of Abu Dharr has a state which demands that he should be on his own or mix with people allowing everyone their state providing it is not haram in the Shari`a. Therefore Abu Dharr went out to Ar-Rabadha as an excellent man of zuhd and he left excellent men behind him. All of them had good, blessing and excellence.
The state of Abu Dharr was better but it is not possible for everyone. If they had based themselves on it, they would have been destroyed.
70. That which I think, after pursuing the texts of the Shari`a about property, and seeing how the texts were applied during the lifetime of the Salaf and how they acted, is that the muslim can own property for himself and his kin which will be enough for him and them, according to what is customary for people like him and them among the people of integrity, contentment and the deen. For anything beyond that, he must pay the zakat demanded by the Shari`a, directly according to his own ijtihad if he does not pay it to the Islamic government acting by the rules of the Shari`a. After paying zakat for it, the owner of the property remains in a state of trial from Allah to see if he will deal with it in a way pleasing to Allah and which increases the muslims in strength, happiness and might. If he is a merchant, it is by the path of trade, or if he is a farmer, it is by the ways of agriculture. If he is one with a craft, it is by the way of craft. In the areas where Islam was established, it benefited from the wealth of the rich Companions in help, aid and strength. When the commerce of the muslim merchant enables the muslims to dispence with the commerce of their enemies, it is considered to be a strength for them, according to the extent that one who has it, spends with this intention. It is the same with the craft of the muslim craftsman and the agriculture of the muslim farmer.
The intention in these matters is a big thing. Its measure is by action when there is need for it. In general, the muslim can be rich without limit, provided that it is part of what he can properly dispose of, and that he takes enough from it according to what is commonly considered to be adequate, and always tries to free himself from servitude and yielding to luxuries. After he has paid the zakat on what he owns, what is more than his needs is like the trust of Allah in his possession. He does with it whatever will increase the muslims in wealth, strength, ease, might and happiness. Glory be to the one who ordered the ranks!
It is strange that he is criticised for something which `Umar did. It is related that `Umar b. al-Khattab, may Allah be pleased with him, confined Ibn Mas`ud and some of the Companions for a year in Madina before he was martyred. Then `Uthman released them. He had them confined because the people had too many hadith from the Prophet, may Allah bless him and grant him peace.
71. In ‘The Book of the Judgments’ in ‘The Roots of the Judgments’ by Ibn Hazm (2:139) is the mursal report which Ibn Shu`ba related from Sa`d b. Ibrahim b. `Abdu’r-Rahman b. `Awf from his father (Ibrahim b. `Abdu’r-Rahman b. `Awf) who said, "`Umar said to Ibn Mas`ud, Abu’d-Darda’ and Abu Dharr, ‘This hadith is not from the Messenger of Allah, may Allah bless him and grant him peace.’" He said, "I believe that he did not let them leave Madina until he died." Ibn Hazm noted that this report is mursal and it is not permitted to use it as a proof. Shaykh Ahmad Shakir added to it that al-Bayhaqi agreed with Ibn Hazm that Ibrahim b. `Abdu’r-Rahman b. `Awf (d. 65 or 66 when he was 75 years old) did not take directly from `Umar. I do not know whether Ibn al-`Arabi relied on this mursal report in this passage, or on another report which we have not read."
Some words passed between Abu Dharr and Mu`awiya. Abu Dharr used words which were not said in the time of `Umar. Mu`awiya relayed that to `Uthman. He feared that sedition would arise among the common people. Abu Dharr used to encourage them to take on zuhd and other things which not everyone can bear. They are only for a few. `Uthman wrote to him, as we have already said, to come to Madina. When he came, people gathered to him. He said to `Uthman, "I want to go to Ar-Rabdha." `Uthman told him, "Do it," so he retired. That alone was suitable for him due to the way he had taken.
72. Qadi Abu’l-Walid b. Khaldun mentioned in ‘The `Ibar’ and the rest of 2:139 that Abu Dharr asked `Uthman for permission to leave Madina. He said, "The Messenger of Allah, may Allah bless him and grant him peace, commanded me to leave it when the buildings reached Sal’." `Uthman gave him permission and he settled in ar-Rabadha and built a mosque there. `Uthman allotted him a herd of camels and gave him two slaves and provided him with provision. He used to visit Madina. There were three miles between Madina and ar-Rabadha. Yaqut said, "It was one of the best houses on the road to Makka."
6. Some words passed between Abu’d-Darda’ and Mu`awiya. Abu’d-Darda’ was an excellent man of zuhd, one of their qadis.
73. i.e. In Damascus.
When he was harsh in the truth and left the path of `Umar with the people they could not bear it and they dismissed him,....
74. Mu`awiya himself tried to act in the path of `Umar as Ibn Kathir transmitted in ‘The Beginning and the End’ (8:131) from Muhammad b. Sa`d. He said, "Arim related to us from Hammad b. Yazid from Ma`mar from az-Zuhri that Mu`awiya acted for two years as `Umar acted and did not cut off any of it. He was far from that." Someone who has not looked into the life of peoples and their politics supposes that the ruler can do whatever he likes wherever he is. This is an error. The environment has an effect on the ruler and the organisations of the ruler more than the effect that the ruler and the organisations of the ruler have on the environment. This is one of the meanings of the words of Allah, the Mighty, the Majestic, "Allah will not change a people until they change themselves."
....so he went to Madina. All of these are benefits which do not diminish the deed. They do not affect the position of any of the muslims by a state. Abu’d-Darda’ and Abu Dharr were free from fault. `Uthman was completely and utterly innocent and had more integrity. If someone else relates that he was exiled and told of a cause for it, that is entirely false.
7. As for returning to Al-Hakam, it is not true.
75. i.e. The claim of the attackers of `Uthman was not true when they said that `Uthman opposed what the Shari`a demanded in that respect. Our `ulama’ said in answer to it, "When the Messenger of Allah, may Allah bless him and grant him peace, gave him permission for it, `Uthman spoke to Abu Bakr and `Umar and they said, ‘If there is a martyr with you, we will return him.’ When he was appointed, he made the judgment according to his knowledge to bring him back. `Uthman would not bring back any one sent away by the Messenger of Allah, may Allah bless him and grant him peace, even if it had been his own father, nor would he have overturned his judgment.
76. Ibn Taymiyya said in ‘The Path of the Sunna’ (3:196), "Many of the people of knowledge attacked his exile (i.e. Al-Hakam’s exile by the Prophet, may Allah bless him and grant him peace) and said that he went by his own choice. The story of the exile of al-Hakam is not in the Sahih volumes, nor does it have any isnad by which the affair is known." Then he said, "The Makkans who did not become muslim until the conquest of Madina did not live in Madina. His banishment was that he banished him from Makka, not from Madina. If he had exiled him from Madina, he would have sent him to Makka. Many of the people of knowledge attacked his exile as has already been stated and then said that he went by his own choice. When the Prophet, may Allah bless him and grant him peace, disciplined a man by exile, he did not demand that he remain in exile forever. This is not known for any wrong action. The Shari`a does not mention a wrong action which leaves the one who does it forever in exile. `Uthman interceded for `Abdullah b. Sa`d b. Abi Sarh and he, may Allah bless him and grant him peace, accepted his intercession for him and took his homage. How could he not accept his intercession for al-Hakam then? They related that `Uthman asked him to return him and he gave him permission. We know that his wrong action was less than the wrong action of `Abdullah b. Sa`d b. Abi Sarh. The story of `Abdullah is confirmed and known by isnads. As for the story of al-Hakam, it is mentioned by mursal.
The historians who fabricated many lies mentioned it in what they related. There is no firm transmission here demanding one to detract from someone inferior to `Uthman. The virtues of `Uthman are known as well as the love of the Prophet, may Allah bless him and grant him peace, his praise of him, his singling him out for his two daughters and his testifying that he would have the Garden and he sent him to Makka and took the oath from him. The Companions advanced him to the Khalifate. `Umar and others testified that the Messenger of Allah bless him and grant him peace, died while he was pleased with him. Things like this prove definitively that he was one of the great awliya’ of Allah, the fearfully aware with whom Allah is pleased and who are pleased with Him. This is not rejected because of a transmission whose isnad is not firm and the manner of whose occurrence is not known. (Look also at 3:235-236 of ‘The Path of the Sunna’).
Imam Abu Muhammad b. Hazm transmitted in the book, ‘The Imamate and the Rivalry’, included in part 4 of his book ‘al-Fisal’ (p.154), the words of the one who gives `Uthman a proof against the one who objected to him doing that. The exile of the Prophet, may Allah bless him and grant him peace, did not have a necessary limit, nor is there anything in the Shari`a to make it last forever. The punishment is for a wrong action which deserved exile but the door of repentance is open. If the perpetrator repents, that punishment falls from him. There is no disagreement about that among any of the people of Islam. The whole earth becomes permitted. The mujtahid of the Zaydis, Sayyid Muhammad b. Ibrahim al-Wazir al- Yamani (d. 840) quoted in his book, ‘The Smiling Meadows in the Defence of the Sunna of Abu’l-Qasim’ (1:141-142), the words of al-Hakam al-Muhsin b. Kirama al-Mu’tazili al-Mutashayyi’ from his book, ‘The Free Springs’, that the Messenger of Allah, may Allah bless him and grant him peace, gave `Uthman permission for that. Ibn al-Wasir said, "The Mu’tazilites and the Shi`a from the Zaydis must accept this hadith and not object to `Uthman doing that because the opinion of the transmitter of the hadith was famous for reliability, knowledge and sound belief."
Then al-Wazir spoke extensively on this subject with proofs and evidence filling three pages in defence of the Amir al-Mu'minin `Uthman in his recalling al-Hakam. These proofs are from one of the Imams of the Zaydis and their mujtahids after he had transmitted that hadith from the Shi’ite Mu’tazilite Imam. It had its particular proofs which I heard after that from one of the Imams of the people of the sunna, the Shaykh al-Islam Ibn Taymiyya and Qadi Ibn al-`Arabi and from the Imam of the people of the outward, Abu Muhammad b. Hazm.
8. As for abandoning the shortening of the prayer, it is ijtihad because he heard that some people were tempted by the shortening and did it in their homes. He thought that the sunna might lead to dropping the obligatory. Therefore he left it fearing that it would be the cause of that.
77. That was in Mina in the Hajj Eid in 29. `Abdu’r-Rahman b. `Awf censured `Uthman for completing the prayer while they were in Mina. (`Uthman made an excuse that some of those who were among the hajjis included people from the Yemen and coarse people who had said the previous year, "The prayer for the one at home is two rak`ats. This is your Imam, `Uthman, and he prays two rak`ats."). Then `Uthman said to ‘Abdu’r-Rahman b. `Awf, "I have taken family in Makka (i.e. that he had entered under the judgment of the resident, not the traveller.) I think that I should pray four rak`ats out of fear that I have for the people."
Then `Abdu’r-Rahman b. `Awf left `Uthman and met `Abdullah b. Mas`ud and spoke to him about that. Ibn Mas`ud said, "Dispute is evil. It has reached me that he prayed four, so I pray four with my companions." `Abdu’r-Rahman b. `Awf said, "It reached me that he prayed four, and I prayed two with my companions. Now, it will be by what you have fabricated." He means today we pray four with him. (at-Tabari 5:57-58) However, a group of the `ulama’ said, "The traveller can choose between shortening and doing it in full.
78. How excellent is what Qadi Abu Bakr said about `Uthman, may Allah be pleased with him, that he left off shortening in the prayer in the journey and did ijtihad. In the hadith, "When the judge strives and is right, he has two rewards. If he errs, he has one reward;" `Uthman erred in this instance. The transmissions about that are clear. It is better to follow the truth. In spite of that, he is rewarded for his ijtihad. The proof of his error lies in the words of Ibn `Umar, may Allah be pleased with him, "I kept the company of the Prophet, may Allah bless him and grant him peace, and he did not add more that two rak`ats to the travel prayer." Abu Bakr, `Uthman and `Umar were like that. Al- Bukhari and Muslim, may Allah have mercy on them, related it. Imam ash-Shawkani said, "His words, ‘He did not do more than two raka`ats in the travel prayer’ contains the fact that the Prophet, may Allah bless him and grant him peace, kept to the shortened prayer and did not pray in full." The hadith of `A’isha is agreed upon, "The prayer demands two raka`ats and the travel prayer is confirmed and the prayer at home is completed." There is a strong proof in these two hadith that it is obligatory to shorten it and not just recommended as some have claimed.
`Ali, `Umar and most of the `ulama’ of the Salaf and the fuqaha’ of the community and `Umar b. `Abdu’l-`Aziz, Qatada, al-Hasan and the Hanafites believed that it was obligatory to shorten the prayer. Hammad b. Sulayman said, "The one who prays four in the journey must repeat it. Malik said, "He repeats it as long as he is still in its time." Those who said that shortening was recommended, and not obligatory, have no definite proof and the hadiths which they used as evidence are not sound. The one who wants to verify that should refer to the book, ‘Obtaining the Desires’ by ash-Shawkani (3:213). A group of the Companions objected to `Uthman when he completed the prayer at Mina. They gave it various interpretations. Ibn al-Qayyim said, "He thought it good since he had family at Mina." When the traveller stays in a place and marries in it or has a wife, he does the full prayer." Ahmad related that `Uthman said, "Oh people, when I came, I had family here. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, ‘When a man marries in a land, he should pray the prayer of the one who resides in it." Al-Bayhaqi faults this hadith since it is cut off and `Ikrima b. Ibrahim is in its isnad. It is weak as al-Bayhaqi said. He said in ‘The Fath’, "This hadith is not sound because it is cut off and one of its transmitters is one who is not used as a proof." Similarly, what is ascribed to `Uthman is not sound when it is said that he, may Allah be pleased with him, left off shortening fearing that some of the bedouins would think that the prayer was two rak`ats for the one at home.
Then it is sound that `A’isha, may Allah be pleased with her, interpreted the same as `Uthman, may Allah be pleased with him, interpreted. He used to pray four in the journey and he agreed with them as preceded. We said about `Uthman that whoever strives and errs as the rightly-guided khalif erred. Complete protection only belongs to the Prophets.
The Companions disagreed about that.
79. Muhammad b. Yahya al-Ash`ari al-Maliki, known as Ibn Bakr (674-741), quoted in his book, ‘The Preface and Clarification about the Murder of the Martyr `Uthman’, which is one of the publications of the Dar al-Kutub al-Misriyya (no. 23, History) that he related from a group of the Companions that the prayer was done in full on a journey. They included `A’isha, Salman and fourteen Companions. In the chapters of shortening from the ‘Sahih’ of al-Bukhari (book 18, chap. 5, pt. 2, p. 36) is the hadith of az-Zuhri from `Urwa b. az-Zubayr from `A’isha that she said, "The prayer first made obligatory was two rak`ats, so that travel prayer is confirmed and the prayer of the one in residence is completed." Az-Zuhri said, "I said to `Urwa, ‘Why did `A’isha complete it then?’ He said, ‘She interpreted the same of `Uthman interpreted.’" In the ‘Musnad’ of Ahmad (94:4) from ‘Abbad b. `Abdullah b. azZubayr, he said, "When Mu`awiya came to us on Hajj, we went with him to Makka. He prayed Dhuhr with two raka`ats with us. Then he went to Dar an-Nadwa. On the other hand `Uthman would complete the prayer when he came to Makka and prayed Dhuhr, `Asr and `Isha' there with four rak`ats each. When he went to Mina and `Arafat, he shortened the prayer. When he finished Hajj and stayed at Mina, he did the full prayer until he left Makka. When Mu`awiya prayed Dhuhr with us with two rak`ats, Marwan and `Umar b. `Uthman went to him and said, ‘No one ever disgraced the son of your uncle with worse than that with which you disgraced him.’ He said to them, ‘What is that?’ They told him, ‘Don’t you know that he completed the prayer in Makka?’ He mentioned to them that he had prayed them with the Prophet, may Allah bless him and grant him peace, Abu Bakr and `Umar. They said, ‘Your did it in full.’" It is clear that Mu`awiya thought that shortening the prayer was allowed and that the traveller could choose. He prayed `Asr with four.
9. As for Mu`awiya, `Umar appointed him. He gathered all of Syria for him and `Uthman confirmed him. Indeed, Abu Bakr as-Siddiq, may Allah be pleased with him, appointed him because he had appointed his brother Yazid. Yazid delegated him, so `Umar confirmed him since he was connected to the government of Abu Bakr because the ruler had appointed him. `Uthman was joined to `Umar and he confirmed him. Look at this chain how reliable it is.
80. Here in the text it is the word, "and determined" and the clear text of another word. The meaning is not affected by dropping them. No one will ever bring the like of it after it.
81. The state of Islam in the Khalifate of Abu Bakr and `Umar reached its pinnacle in might. Examples were made of the human success and happiness of that society because by the light of Allah, the Mighty, the Exalted, Abu Bakr and `Umar uncovered the depths of character in its people and the elements of manliness in the men. The people appointed them to lead them and provided them with the keys of mastery and entrusted them with the community of Muhammad, may Allah bless him and grant him peace. These men knew that they were answerable for that before Allah, the Mighty, the Exalted. You saw in the footnotes that Yazid b. Abi Safyan and his brother Mu`awiya were among the men of the state of Abu Bakr as-Siddiq whom he selected to bear the burdens of the community in their wars and peace. He did it very well indeed. When Yazid was appointed to lead one of the armies, Abu Bakr went out walking with him to see him off (at-Tabari 4:30).
Mu`awiya was mentioned in the history after his brother Yazid because he was younger than him, not because he was less than him in the perfection of the qualities of leadership and mastery. It is accepted that Mu`awiya was one of the men of the government of Abu Bakr and `Umar. He was one of those whom the Messenger of Allah, may Allah bless him and grant him peace, employed and from whom he sought help. He called him to do that once when Mu`awiya was eating and he was insistent in calling him and sent to him time after time to make him hurry to come to him. The Prophet, may Allah bless him and grant him peace, appointed Mu`awiya to something of his business before Abu Bakr and `Umar had appointed him. He also appointed Yazid b. Abi Sufyan, as in ‘The Opening of the Lands’ by al-Baladhari (p.48, published in Egypt in 1350). Those who are filled with hate and rancour for the Companions of the Messenger of Allah, may Allah bless him and grant him peace, especially the Banu Umayya among them, cannot fail to acknowledge the fact that the Prophet, may Allah bless him and grant him peace, appointed Mu`awiya to be his scribe. The said that he used to write for him, but that he did not write down the revelation. They say this by a ‘revelation’ which has been revealed to them from Shaytan.
They have no historical text in their possession or proof of Shari`a to which they refer. They make a distinction between matters for which they have no proof to make that distinction. If the Prophet, may Allah bless him and grant him peace, had made a distinction between his scribes in a certain matter rather than other matters, that would have been given by multiples transmissions from him and the transmitters would have transmitted it, as has occurred with things less important than this. One of the young muslims of whom I have a good opinion once asked me, "What do you say about Mu`awiya?" I said to him, "Who am I that I should be asked about one of the great ones of this community and a Companion who was one of the best Companions of Muhammad, may Allah bless him and grant him peace?
He was one of the lights of Islam. But this lamp shone at the side of four suns which filled the world with their lights. Their lights overcame his light." Ibn Kathir said in ‘The Beginning and the End’ (8:133) from al-Layth b. Sa`d (the Imam, `alim and leader of Egypt who died in 175.) from Bukayr (who was Ibn `Abdullah al-Ashajj al-Madini al-Misri, who died in 127 A.H., and Imam an-Nasa’i said that he is reliable) from Busr b. Sa`id al-Madini (died100 A.H.) and Ibn Ma’in said that he is reliable and al-Layth b. Sa`d said that he was one of the people of `Ibada and those who devoted themselves and one of the people of asceticism and scrupulousness in this world ) that Sa`d b. Abi Waqqas (one of the ten promised the Garden) said, "I did not see anyone who fulfilled a right after `Uthman more than the one with the door," i.e. Mu`awiya. Ibn Kathir also related (8:135) from `Abdu’r-Razzaq b. Humam as-San`ani, one of the notable Imams and people who knew the Qur’an by heart (he was ascribed to the Shi`a) from Ma`mar b. Rashid, Abu `Urwa al- Basri, then al-Yamani, who was one of the notables from Humam b. Munabbih as- San`ani (who was reliable). He said, "I heard Ibn `Abbas say. "I have not seen a man more suited to rulership than Mu`awiya." Is there a man who is the most suited of people to rulership other than one who is just, wise, and forbearing and strong in defence of his kingdom and one who seeks help from Allah to spread the call of Allah in other domains and to undertake the trust in the community over which Allah has entrusted him? Should `Uthman be censured for appointing the most suitable of people to rule? What an extraordinary thing. How can `Uthman be censured for appointing him when `Umar appointed him before him and he was appointed by Abu Bakr before `Umar? He was also appointed to one of the offices by the Messenger of Allah, may Allah bless him and grant him peace, before the khalifate went to Abu Bakr, `Umar and `Uthman.
There is no doubt that the mind which Shaytan plays with and seduces by whisperings like this is an unsound mind. It perverts people’s intellects and their logic before it perverts their deen and history for them. It is obligatory for those who love the truth and good to avoid all who think like this, as they would avoid the leper. Imam at-Tirmidhi related from Abu Idris al-Khawlani, one of the great `ulama’ of the Tabi`un and the most knowledgeable of the people of Syria after Abu’d-Darda’, that when `Umar b. al-Khattab dismissed `Umayr b. Sa`d al-Ansari al-Awsi from Hums and appointed Mu`awiya people said, "He has dismissed `Umayr and appointed Mu`awiya." (al-Baghawi said in ‘The Collection of the Companions’, "`Umayr used to be called ‘the unique’") Ibn Sirin said that `Umar used to call him that due to his admiration for him. `Umayr was one of the people of zuhd. `Umar said, "Do not mention Mu`awiya with anything but good. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, ‘Oh Allah, guide him.’" It is related that the person who gave this testimony for Mu`awiya was the Amir al-Mu'minin, Umar. He was the one who testified to it for him and he related the supplication of the Messenger of Allah, may Allah bless him and grant him peace, for Mu`awiya that Allah should guide him. That is a very big thing because of the greatness of `Umar’s position. If the one who testified to that was `Umayr b. Sa`d al-Ansari and he was dismissed in favour of Mu`awiya from his appointment over Hums, that still does not detract from its greatness if `Umar himself gave that testimony for Mu`awiya.
You know that `Umayr was one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, and that he was one of the ascetics of the Ansar. Ibn Taymiyya said in the Path of the Sunna (3:189), "The conduct of Mu`awiya with his people was one of the best conducts ever seen in a ruler. His people loved him. It is confirmed in the ‘Sahih’ volumes that the Prophet, may Allah bless him and grant him peace, said, ‘The best of your Imams are those whom you love and who love you. You pray for them and they pray for you. The worst of your Imams are those whom you hate and who hate you. You curse them and they curse you.’" There is no room here for more than this. We will elaborate the real form of Mu`awiya when his khalifate is mentioned so that you know to what extent we have been deceived by the lies of the enemies of the first generations of Islam. This is a portion from a sound hadith as you will see later.