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
Qadi Abu Bakr, may Allah be pleased with him, said, "As for the statement of the Rafidites that it was entrusted to al-Hasan, that is false. It was not entrusted to anyone.
314. Imam Ahmad related in his ‘Musnad’ (1:130, p. 1078) from Wukay’ from al-A`mash from Salim b. Abi’l-Ja’d from `Abdullah b. Sab’ who said, "I heard `Ali say (and he mentioned that he would be killed) that they said, "Appoint someone over us." He said, "No, but I leave you what the Messenger of Allah, may Allah bless him and grant him peace, left you." They said, "What will you say to your Lord when you come to him?" He said, "I will say, ‘Oh Allah, You left me what is clear to You among them. Then You took me to You and You are still among them. If You wish, You will put them right, if You wish, You will corrupt them.’" Ahmad related the like of it (1:156, no. 1339) from Aswad b. `Amr b. from al-A`mash from Salama b. Kathir in ‘The Beginning and the End’ (5:250-251) from Imam al-Bayhaqi from the hadith of Husayn b. `Abdu’r-Rahman from Imam ash-Sha`bi from Abu Wa`il, the brother of Ibn Salama al-Asadi, one of the masters of the Followers, that `Ali was asked, "Won’t you appoint someone over us?" He said, "The Messenger of Allah did not appoint so that I should appoint. but if Allah desires good for the people, He will join them to the best of them after me as He joined them to the best of them after the Prophet." This hadith has an excellent isnad. Ibn Kathir also transmitted (7:323) from al-Bayhaqi the hadith of Habib b. Abi Thabit al-Khalil al-Kufi from Tha’laba b. Yazid al-Hamdani (who was one of the Shi`ites of Kufa and an-Nasa’i considered him to be reliable) that he said to `Ali, "Won’t you appoint someone?" He said, "No. I will leave you as the Messenger of Allah, may Allah bless him and grant him peace, left you." Look at ‘The Greater Sunan’ of al-Bayhaqi (8:149).
However, homage was given to al-Hasan. He was worthier than Mu`awiya and many others. He went out for the same thing that his father had gone out for - to call the attacking group to surrender to the truth and to enter into obedience. Mediation resulted in him leaving authority in order to protect the community and avoid shedding their blood.
315. The story of the mediation between al-Hasan and Mu`awiya and their making peace is related by Imam al-Bukhari in ‘The Book of Peace’ of the ‘Sahih’ (book 53, chap. 9, pt. 3, p. 169) from Imam al-Hasan al-Basri. He said, "By Allah, al-Hasan b. `Ali sent regiments like mountains against Mu`awiya.". `Amr b. al-`As said, "I think that regiments will not turn back until you kill their fellows." Mu`awiya said to him, (and by Allah, he was the better of the two men, i.e. `Amr), "If these kill those, and those kill these, who will I have to be in charge of the affairs of people? Who will I have for their women? Who will I have for their property?" He sent two men of Quraysh from the Banu `Abdu Shams to them: `Abdu’r-Rahman b. Samura and `Abdullah b. `Amir b. Kurayz. He said, "Go to this man (i.e. to al-Hasan b. `Ali) and give to him (i.e. what he wants) and tell him what pleases him and ask him (i.e. what you think has the best interests) and you have full authorisation." They came to him and went in to see him. They spoke to him and questioned him. Al-Hasan b. `Ali told them, "We are the Banu `Abdu’l-Muttalib. We have been injured by this property and the blood of this community has been wasted (i.e. there must be satisfaction for their blood by a lot of money). They said, "He offers you such-and-such, and asks you and requests you." He said, "Who do I have as surety for this?" They said, "You have us for it." He did not ask them for anything but they said, "You have us for it." So he made peace with him. It confirmed the words of the Prophet of a battle which he spoke on the mimbar, "This son of mine is a master. Perhaps Allah will use him to make peace between two large groups of muslims."
316. Al-Bukhari related with the previous hadith from al-Hasan al-Basri that he heard it from Abu Bakr and that Abu Bakr saw the Prophet, may Allah bless him and grant him peace, while he was on the mimbar with al-Hasan b. `Ali at his side. He said that al-Bukhari also related it in the Virtues of al-Hasan and al-Husayn from ‘The Book of the Virtues of the Companions’ in his ‘Sahih’ (book 62, chap. 22, part 4, p. 26). Look at ‘The Beginning and the End’ (8:17-19) and Ibn `Asakir (4:211-212).
The promise was carried out. The homage offered to Mu`awiya was valid. That realised the hope of the Prophet, may Allah bless him and grant him peace. Mu`awiya was a khalif. He was not a king.
317. Discussion will come on this subject
If it is said that it is related from Safina that the Prophet, may Allah bless him and grant him peace, said, "The Khalifate is thirty years. Then it will become a kingdom." When we count the rule of Abu Bakr until the time when al-Hasan surrendered, that was thirty years, no more and no less, not even by a single day."
318. As the poet says:
Take what you think and leave something you heard. When the full moon rises, you can do without Saturn This hadith regarding al-Hasan and the good news for him and praise of him is due to his bringing about peace and surrendering authority to Mu`awiya. It is a pledge from al-Hasan to Mu`awiya.
319. i.e. the Contract of the homage given by al-Hasan to Mu`awiya. That was in a place called "Maskan", at the river, Dajil in Rabi’ al-Awwal, 41 A.H. That year was called the year of the Group (`Am al-Jama`a) since the muslims gathered together after having been separated and they devoted themselves to external wars, conquests, and the spread of the call of Islam after the murders of `Uthman had kept the swords of the muslims from this task for about five years. The muslims were able to record glories in it whose like no one has been capable of in five centuries. Allah has a wisdom in everything.
320. i.e. the hadith of Safina.
...is a hadith which is not sound.
321. Because the one who transmitted it from Safina was Sa`id b. Juhman. They disagreed about him. Some of them said that there is no harm in him and others thought that he was reliable. Imam Abu Hatim said about him, "A shaykh who is not used as a proof." His isnad has Hashraj b. Nabata al-Wasiti in it. Some considered him to reliable. An-Nasa’i said on him, "He is not strong." `Abdullah b. Ahmad b. Hanbal related this report from Suwayd at- Tahan. Ibn Hajar said in the Taqrib at-Tadh-hib that he is "soft in hadith". This threadbare hadith is opposed by the sound clear explicit hadith in ‘The Book of the Amirate’ in the ‘Sahih’ of Muslim (book 33, hadith 5, 6, 7, 8, 9, 10, part 6, pp.3-4) from Jabir b. Samura. He said, "I came with my father to the Prophet, may Allah bless him and grant him peace, and I heard him say, ‘This business will not be finished until twelve khalifs have passed among you.’" He said, "Then he spoke some words which I could not hear. I asked my father, ‘What did he say?’ He aid, ‘All of them are from Quraysh.’" Look at it in ‘The Book of the Judgments’ from the ‘Sahih’ of al-Bukhari (book 93, chap. 51, pt. 8, pp. 125-127), in ‘The Fath al-Bari’ (13:162 and what is after it), in ‘The Sunan’ of Abu Da`ud (book 35, hadith 1), ‘The Collection’ of at-Tirmidhi (book 31, chap. 46) and in ‘The Musnad’ of Imam Ahmad (1:398 & 406, no. 3781 & 3859) from the hadith of ash-Sha`bi from Masruq b. al-Adja’ al-Hamdani, the model Imam. He said, "We were sitting with `Abdullah b. Mas`ud while he was reciting the Qur`an to us. A man said to him, Abu `Abdu’r-Rahman, did you ask the messenger of Allah, may Allah bless him and grant him peace, how many khalifs would rule this community?’ `Abdullah b. Mas`ud said, ‘No one has asked me this question since the time I came to Iraq before now.’
Then he said, ‘Yes, we asked the Messenger of Allah, may Allah bless him and grant him peace, and he said, ‘Twelve like the number of the Chiefs of the Banu Isra`il.’" The hadith is in the Collection of az-Zawa’id (5:190), in ‘The Musnad’ of Ahmad (5:86 & 87 with three variants, 88, 89 & 90 with three variants, 92 with three variants, 93 with two variants, 84, 95 & 96 with two variants, 97 with two variants, 98 with four variants, 99 with three variants and 100, 101 with two variants, 106 with two variants, 107 with two variants and 108), and in ‘The Musnad’ of Abu Da`ud at-Tayyalisi (hadith 967 &1278).
If it had been sound, it would contradict this peace which they agreed on. So one must refer to that peace.
322. Refer to the contract that al-Hasan gave to Mu`awiya. They agreed on it. The good news from the Prophet accorded it his praise and pleasure. Ibn Taymiyya said in ‘The Path of the Sunna’ (2:42), "This hadith makes it clear that making peace between two groups is praiseworthy and that Allah and His Messenger love that. What al-Hasan did in that was one of his greatest virtues and excellent qualities for which the Prophet, may Allah bless him and grant him peace, praised him. If fighting had been obligatory or recommended, the Prophet would not have praised him for not doing something which was obligatory or recommended, etc." If it is said, "Wasn’t there any Companion more suited to rule than Mu`awiya?" We said, "Many".
323. Like Sa`d b. Abi Waqqas, the conquering fighter, one of the ten who were promised the Garden, `Abdullah b. `Umar b. al-Khattab, the scholar of the Companions who was firm in the footsteps of the Chosen one, may Allah bless him and grant him peace, in both great and small things, and other men of this class and those who were near to it. After the Battle of Siffin they left the business of the Imamate to the two arbiters: Abu Musa and `Amr, they were to look into it. When they saw that all of the community had gathered to Mu`awiya, they entered into his Imamate and offered him allegiance after they had withdrawn from the civil strife after `Uthman’s death. Look at ‘The Fath al-Bari’ (13:50). Mu`awiya himself recognised people’s worth. In ‘The Beginning and the End’ (8:134), it has come from Ibn Darid from Abu Hatim from al-`Utbi that Mu`awiya said, "Oh people, I am not the best of you. Those of you who are better than me include `Abdullah b. `Umar, `Abdullah b. `Amr and other excellent men. But it may be that I am the one who will be the most useful in ruling for you and the most harmful of you to your enemy and the one to give you the most abundance." Ibn Sa`d related it from Muhammad b. Mus’ab from Abu Bakr b. Abi Maryam from Thabit, the client of Mu`awiya, who heard Mu`awiya say that." However, Mu`awiya did have certain qualities. They were that `Umar had united all of Syria under him and singled him out for that,
324. Under his leadership and by his good management, it became the strongest force in Islam. It was at the forefront of the armies of jihad and victorious conquest, calling to Allah with its qualities, behaviour, the wisdom of its leaders, and the sincerity of their Islam. when he saw his good conduct,
325. The hadith of al-Layth b. Sa`d, the Imam of the people of Egypt, was already given with his firm isnad up to Sa`d b. Abi Waqqas, the conqueror of Iraq and Iran and the one who destroyed Chosroes’ state, that after `Uthman, he did not see anyone who judged by the truth more than Mu`awiya did. There is the hadith of `Abdu’r-Razzaq as-Sa’ni with his isnad to the sage of the community, Ibn `Abbas, that he did not see a man more suited to rule than Mu`awiya. There are the words of Ibn Taymiyya on p. 68, "The behaviour of Mu`awiya with his people was the best behaviour in any ruler. His people loved him." The words of the Prophet, may Allah bless him and grant him peace, were confirmed in the ‘Sahih’ of Muslim (book 33, hadith 65 & 66), "The best of your Imams is the one you love and who loves you, he gives to you and you give to him." In at-Tabari (6:188) he had the variant of Mujalid from ash-Sha`bi that Qubaysa b. Jabir al-Asadi said, "Shall I tell you whom I accompanied? I accompanied `Umar b. al-Khattab and I did not see a man with more fiqh or better study than him. Then I accompanied Talha b. `Ubaydullah and I did not see a man who gave more generously when being asked than him. Then I kept the company of Mu`awiya and I did not see a man who was a better comrade nor whose secret was more like his outward than him."
his undertaking to guard the heart and barricading the ports,
326. His himma and great concern for that was such that he began to threaten the Byzantine King while he was in the thick of the fight with `Ali in Siffin. It reached him that the Byzantine King was drawing near to the border with a large army. He wrote to him saying, "By Allah, if you do not stop and return to your lands, I and my nephew will make peace and come against you and oust you from all your lands. We will make the land which was wide narrow for you. The Byzantine King was afraid and withdrew, (’The Beginning and the End’ [8:119]).
putting the army in order, attacking the enemy,
327. In the land and sea. The banners of Islam went in all directions in the hands of his exemplary army. They carried the might which Allah desired for His deen, the message of the Messenger and those who believed in it. Egypt was conquered and entered into Islam and the Arabs by the action of `Amr b. al-`As alone. The foundations of the Islamic fleet and their first naval conquest came from Mu`awiya’s action alone. The one occupied with the history of the Arabs and Islam must learn that Mu`awiya naturally possessed the character of mastery and leadership and the craft of rule. Ibn Kathir transmitted in ‘The History’ (8:135) from Hushaym from al-`Awwam b. Hawshab from Jabala b. Suhaym that `Abdullah b. `Amr b. al-`As said, "I have not seen anyone with more mastery than Mu`awiya." Jabala b. Suhaym said, "I said, ‘And `Umar?" He said, "`Umar was better than him, but Mu`awiya had more mastery than him." They related words like these regarding Mu`awiya from`Abdullah b. `Umar b. al-Khattab. The statement of `Abdullah b. `Abbas was already given. "I have not seen a man more suited to rule than Mu`awiya."
and managing the people.
328. Ibn Taymiyya said in ‘The Path of the Sunna’ (3:185), "None of the kings of Islam was better than Mu`awiya nor were the people in the time of any of the kings better than they were in the time of Mu`awiya when his days are compared to any of the kings after him. When his days are compared to the days of Abu Bakr and `Umar, then there is rivalry." Abu Bakr al-Athram related (and Ibn Batta related it by way of him) that Muhammad b. `Umar b. Hanbal related from Muhammad b. Marwan from Yunus from Qatada who said, "If you had come upon work like that of Mu`awiya, most of you would have said, ‘This is the Mahdi.’" Ibn Batta related with his firm isnad from two directions from al-A`mash that Mujahid said, "If you had met Mu`awiya, you would have said that this is the Mahdi." Al-Athram said, "Muhammad b. Hawash related to us from Abu Hurayra the scribe who said, "We were with al-A`mash and we mentioned `Umar b. `Abdu’l-`Aziz and his justice. Al-A`mash said, ‘How would it have been if you had met Mu`awiya?’ They said, ‘In his forbearance?’ He said, ‘No, by Allah, in his justice.’" `Abdullah b. Ahmad b. Hanbal said, "Abu Sa`id al-Ashajj informed us from Abu Usama ath-Thaqafi from Abu Ishaq as-Subay’i that he mentioned Mu`awiya and said, "If you had met him (or you had been in his time), you would have said that he was the Mahdi."
This testimony from these notable Imams for the Amir al-Mu’minin Mu`awiya is an echo of the answer of Allah, the Mighty, the Exalted, to the supplication of His Prophet, may Allah bless him and grant him peace, for this right-acting khalif on the day when he, may Allah bless him and grant him peace, said, "Oh Allah, make him guiding and guided and guide him." It is one of the signs of prophecy.
There is testimony to that effect in the Sahih. The hadith has fiqh.
329. In ‘The Book of the Virtues of the Companions’ from the ‘Sahih’ of al-Bukhari (book 62, chap 28, pt. 4, p. 219), there is the hadith of Ibn Abi Mulayka that Ibn `Abbas was asked, "Do you have something on the Amir al-Mu’minin Mu`awiya?" He only had one. He said, "He is faqih." In ‘The Book of Virtues’ from ‘The Collection’ of at-Tirmidhi (book 46, chap. 47) there is the hadith of `Abdu’r-Rahman b. Abi `Umayra al-Muzni from the Prophet, may Allah bless him and grant him peace, that he said to Mu`awiya, "Oh Allah, make him guiding and guided. Guide him." At-Tabarani related it by way of Sa`id b. `Abdu’l-`Aziz at-Tanukhi (and he was for the people of Syria as Imam Malik was for the people of Madina) from Rabi`a b. Yazid al-Ayyadi, one of the notable Imams from `Abdu’r-Rahman b. Abi `Umayra that the Prophet, may Allah bless him and grant him peace, said to Mu`awiya, "Oh Allah, teach him the Book and the Reckoning and guard him from the punishment." Al-Bukhari related it in his ‘History’. He said, "Abu Mushir (and he mentioned him with the isnad) told me that the hadith of `Umayr b. Sa`d al-Ansari was already given regarding his retiring from the governship of Hums during the khalifate of `Umar and the fact that Mu`awiya was appointed." He testified that the Prophet had made a supplication that Allah would guide him.
Imam Ahmad related it from the hadith of ‘Irbad b. Sariyya as-Sulami. Ibn Jarir related it from the hadith of Ibn Mahdi. Asad b. Musa, Bishr b. as-Sari and `Abdullah b. Salih related it from Mu`awiya b. Salih with his isnad. He added in the version of Bishr b. as-Sari, "and make him enter the Garden." Ibn `Adi and others related it from Ibn `Abbas. Muhammad b. Sa`d related it with his isnad to Maslama b. Mukhallad, one of the conquerors and governors of Egypt. The Companions who transmitted this prophetic supplication for Mu`awiya are too many to be counted. (Look at ‘The Beginning and the End’, 8:120-121). Look at the biography of Mu`awiya under the letter Mim in ‘The History of Damascus’ by Ibn `Asakir.
Whoever does not confirm this hadith, rejects all that is confirmed in the Sunna of the Shari`a of Islam. Among the Shi`a who hate Mu`awiya and curse him, there are those who claim that they are related to the Prophet, may Allah bless him and grant him peace. So do you see them harbouring hatred for their ancestor, may Allah bless him and grant him peace, since he was pleased with Mu`awiya and asked for help for him and made supplication for him? If you are not ashamed, then do whatever you like!
There is testimony to the fact that he was a khalif in the hadith of Umm Hiram when she related that some people from the Prophet’s community would ride the middle of the green sea like kings on thrones. That happened while he was khalif.
330. Umm Hiram bint Milham, a companion of the Ansar from the people of Quba’. When the Prophet, may Allah bless him and grant him peace, went to Quba’, he rested in her house. She was the maternal aunt of his servant Anas b. Malik. Al-Bukhari related in ‘The Book of Jihad’, from his ‘Sahih’ (book 33, hadith 160) from Anas that the Prophet, may Allah bless him and grant him peace, slept in her house at midday. Then he woke up laughing because he had dreamed of some of his community raiding in the way of Allah, riding the middle of the sea, like kings on thrones. Then he put his head down and slept. He awoke and he had seen the same dream. Umm Hiram said to him, "Ask Allah to put me among them." He told her, "You are among the first." Ibn Kathir (8:22(0 said that he meant the army of Mu`awiya when it raided Cyprus and conquered it in 27 A.H. in the days of `Uthman b. `Affan under the leadership of Mu`awiya after he had established the first Islamic fleet in history). Umm Hiram was with him. She was accompanying her husband `Ubada b. as-Samit. Abu’d-Darda’, Abu Dharr and other Companions were with the, Umm Hiram died in the way of Allah and her grave is still in Cyprus. Ibn Kathir said, "The general of the second army was Yazid b. Mu`awiya in the raid on Constantinople. He said, "This was one of the greatest signs of prophecy."
There can be degrees in rule: Khalifate, then kingdom. The rule of the khalifate belonged to four, and the rule of the kingdom began with Mu`awiya.
331. The khalifate, kingdom and the amirate are technical designations which are used in history according to their actual usage. Consideration is always given to the behaviour and action of man. Mu`awiya was appointed over Syria for the rightly-guided khalif for a period of twenty years. Then he took on the task of all Islam for another twenty years in the greatest Islamic land and after al-Hasan b. `Ali offered him allegiance. In both cases, he safeguarded justice and was good to people of all classes. He honoured the people of talent and helped them to advance their talents. He had great forbearance towards the rashness of the ignorant men and so he cured their imperfections through that means. He made the judgments of the Muhammadan Shari`a binding on everyone with resolution, compassion, diligence and belief.
He led them in their prayers and directed them in their gatherings and institutions. He led them in their wars. In ‘The Path of the Sunna’ (3:185) there is the statement which the lofty Companion Abu’d-Darda’ made to the people of Syria, "I have not seen anyone with a prayer more like the prayer of the Messenger of Allah, may Allah bless him and grant him peace, than this Imam of yours," meaning Mu`awiya. You already saw what al-A`mash said to those who mentioned `Umar b. `Abdu’l-`Aziz and his justice, "How would it be if you had met Mu`awiya?" They said, "In his forbearance?" He said, "No, by Allah, in his justice!"
His integrity in the path of Islam was so great that men like Qatada, Mujahid and Abu Ishaq as-Subay’i, who were all notable Imams, said about him, "Mu`awiya was the Mahdi." The one who studies the biography of Mu`awiya in his judgment will see that his government in Syria was an exemplary government in Justice, mellowness, and indulgence. When he was given a choice between the good and the better, he chose the better over the good. If this was how he acted for forty years, then the muslim Amir was suited to be Khalif over the muslims. They were content with him because of that and envied him, so he was the Khalif over the muslims. Whoever calls him a king cannot contradict the fact that he was the most merciful and correct of all the kings of Islam.
Mu`awiya used to say about himself according to what Khaythama related from Harun b. Ma`ruf from Damra from Ibn Shawdab: "I am the first of the kings and the last of the khalifs." We already gave the hadith of Ma`mar from az-Zuhri, "Mu`awiya acted for two years as `Umar had acted and did not alter it." Here we indicated the difference in the environment and its effect on the organisation of the government. Mu`awiya himself used that excuse to `Umar when `Umar came to Syria and Mu`awiya met him with a great retinue.
`Umar disliked that. Mu`awiya excused himself saying, "We are in a land where there are many enemy spies. We must display the might of power in which the might of Islam and its people lie. We will frighten them by that." `Abdu’r-Rahman b. `Awf said to `Umar, "How excellent is what resulted from what you did in it, Amir al-Mu’minin!" `Umar said, "Because of that, we endured what we endured of it." (’The Beginning and the End’ [8:124-125]). Mu`awiya tried to act by the behaviour of `Umar for two years. That was the highest example in his house. Yazid himself spoke about keeping to it. Ibn Abi’d-Dunya related from Abu Kurayb Muhammad b. al-`Ala’ al-Hamdani the hafiz, from Rushdin al-Misri from `Amr b. al-Harith al-Ansari al-Misri from Bukayr b. al-Ashajj al-Makzumi al-Madini, then al-Misri that Mu`awiya said to Yazid, "How do you think that you should act if you are appointed?"
He said, "By Allah, father, I would act in it as `Umar b. al-Khattab acted." Mu`awiya said, "Glory be to Allah, my son! By Allah, I have striven in the path of `Uthman as far as I was able. How can you have the behaviour of `Umar then?" (Ibn Kathir 8:229). Those who do not know the life of Mu`awiya think it strange when you tell them, "He was one of the people of zuhd and purity and one of the men of right action." Imam Ahmad related on ‘The Book of Zuhd’ (p. 172, Maddan edition) from Abu Shibl Muhammad b. Harun from Hasan b. Waqi` from Damra b. Rabi`a al-Qurayshi from `Ali b. Abi Hamala from his father who said, "I saw Mu`awiya speaking to the people on the mimbar in Damascus, wearing a patched garment."
Ibn Kathir quoted (8:134) from Yunus b. Maysar al-Himyari az-Zahid (who was one of the shaykhs of Imam al-Awza’i), "I saw Mu`awiya riding in the Damascus market with his servant behind him. He was wearing a shirt with a patched pocket, going along in the Damascus markets. Mu`awiya’s generals and his great companions used to ask for his clothes to seek blessing from them. When any of them came to Madina wearing one of these garments, they recognised it and went to great extremes to obtain it." Ad-Daraqutni related from Muhammad b. Yahya b. Ghassan that the famous general ad-Dahhak b. Qays al-Fihri came to Madina. He went to the mosque and prayed between the grave and the mimbar wearing a patched cloak which he had gotten form Mu`awiya’s general. Abu’l-Hasan al-Barrad saw it and recognised that it was Mu`awiya’s cloak. He haggled with him over it, thinking that he was a common bedouin until Abu’l-Hasan al-Barrad was ready to pay him three hundred dinars for it. Ad-Dahhak b. Ways took him to the house of Huwaytib b. `Abdu’l-`Uzza and put on another cloak and gave that cloak to al-Hasan al-Barrad for nothing. He told him, "It is ugly for a man to sell his cloak. Take it and wear it." Abu’l-Hasan took it and sold it. It was the first money that he ever got (Ibn `Asakir 7, p. 6).
We quoted these examples so that people will know that the true form of Mu`awiya is different from the false form which his enemies created. Whoever then wishes to call Mu`awiya the khalif and Amir al-Mu’minin, knows Sulayman b. Mahram al-A`mash, one of the notable Imams and huffaz who was called the Mushaf because of his truthfulness, used to prefer Mu`awiya to `Umar b. `Abdu’l-`Aziz, even in his justice. Whoever did not have a full look at Mu`awiya and wants to withold this title from him, should know that Mu`awiya went to Allah, the Mighty, the Exalted, with his justice, forbearance, jihad and correct action.
While he was in this world, he did not care whether he was called a king or a khalif. In the Next World, he has the greater zuhd because of the zuhd which he had in this world.
Allah said about Da`ud who was better than Mu`awiya.
332. Da`ud in his prophecy, as the muslims know in their deen, was better than Mu`awiya. "Allah gave him kingdom and wisdom" (2:251) so he made prophecy a kingdom. Do not look at hadith which have weak isnads.
333. Indicating the hadith of Safina. It was already discussed.
If the situation demanded that certain things be investigated - and Allah knows best – most people had different opinions. However, allegiance was given to Mu`awiya in the way which Allah desired in the form which the Messenger of Allah, may Allah bless him and grant him peace, had promised out of praise for him and pleasure with him. He hoped that there would be peace through al-Hasan as the Prophet, may Allah bless him and grant him peace, said, "This son of mine is a master. Perhaps Allah will use him to make peace between two large groups of Muslims."
334. This hadith was already discussed.
The `ulama' have spoken about someone less excellent being the Imam when someone better than him is present. The question does not reach the point to which the common people take it. We made that clear in its place.
335. From his other books. This is one of the fortifying questions contained in Islamic fiqh. Its rules are clear by texts and the sunan about the roots of the Shari`a on which the deen is based in the area of finding the best interests, repelling corruption and determining the measure of necessities. Qadi Abu’l-Hasan al-Mawardi did not mention any opponent in "The Rules of Power" (p.5) about the permission for the Imam to be one less excellent - except for al-Jahiz. What harm comes to the Imams of the deen if al-Jahiz opposes them? Were the Abbasids whom al-Jahiz knew, since he ingratiated himself with them while they were alive, better than their contemporaries? As for most of the fuqaha’ and the mutakallimun, they said that it is permitted that the Imam be someone less excellent and it is valid to offer him allegiance. The existence of someone better does not prevent someone less excellent being the Imam as long as he does not lack the preconditions for the Imamate. Similarly, when undertaking judgment, it is permitted to imitate the less excellent although something better exists because greater excellence is excess in choice. That is not considered to be a precondition of worthiness. We refer the reader to the Book, "The Imamate and Rivalry" by Abu Muhammad b. Hazm included in part 3 of his book, al-Fisal, especially the section in it devoted to the Imamate of the less excellent (pp. 163-167, published in Egypt, 1320).
If it is said that he killed Hujr b. `Adi although he was one of the Companions who was famous for being good, and put fetters on him as a prisoner because of what Ziyad said. `A’isha sent to him about Hujr and she found that he had already killed him. We said, "We all know about the execution of Hujr, but we disagree. Some say that he was killed wrongly and some say that he killed him by a right.
336. Hujr b. `Adi al-Kindi. Al-Bukhari and others considered him to be one of the Tabi`un. Others considered him to have been a Companion. He was one of the party of `Ali in the Camel and at Siffin. Ibn Sirin related that Ziyad, the Amir of Kufa, gave a very long khutba. Hujr b. `Aki called out, "The prayer!" Ziyad continued to speak. Hujr and some others with him threw pebbles at him. Ziyad wrote to Mu`awiya to complain about Hujr’s aggression against his Amir in the House of Allah. He considered that to be part of corruption in the earth. Mu`awiya wrote to Ziyad telling him to send Hujr to him. When he was brought to Mu`awiya, he ordered that he be executed. Those who think that Mu`awiya killed him justly say, "There is no government in this world which could give a lesser punishment than that against the one who throws pebbles at his Amir while he is giving the Khutba on the mimbar of the General Mosque and rushes into the calamity of partisanship and bias."
Those who oppose them mention Hujr’s virtues and say that Mu`awiya should not have left his quality of forbearance and patience towards his opponents. Others answered them saying that Mu`awiya had forbearance and patience when he himself was attacked. When the community was attacked in the person of their ruler while he was on the mimbar of the mosque, Mu`awiya could not tolerate that, especially in a place like Kufa which had produced the greatest number of the people of sedition who had attacked `Uthman for his tolerance. They inflicted losses on the community in their blood, their reputation, their peace of mind and the positions of their jihad. These were precious sacrifices which could have been dispensed with if the awe of the state had been maintained through disciplining the small party of the people of rashness and levity at the appropriate time. As `A’isha wished that Mu`awiya would include Hujr in his patience, `Abdullah b. `Umar wanted the same thing. It is true that Mu`awiya had some of the forbearance and qualities of `Uthman. However, in political situations, he saw how `Uthman had ended and what had come about through the persistence of those who were audacious towards him.
If it is said that his execution was basically unjust unless something was proven against him which demanded his execution, we say that the basis is that the Imam kills by the right. Whoever claims that it is done unjustly must have proof. If it was pure injustice, then there would have been no house in which Mu`awiya was not cursed. Written on the doors of the mosques in the city of peace, the abode of the khalifate of the Abbasids, was "The best of people after the Messenger of Allah, may Allah bless him and grant him peace, were Abu Bakr, then `Umar, then `Uthman, then `Ali, then Mu`awiya, the uncle of the believers, may Allah be pleased with them."
337. The author lived in Baghdad in the time of the `Abbasids as we already mentioned in his biography. He knew its mosques with his own eyes. Mu`awiya is the uncle of the believers because he is the brother of the Umm al-Mu’minin Rabla bint Abi Sufyan, famous by her kunya, Umm Habiba. This is in spite of what existed (of ill feeling) between them and the Umayyads which was not hidden from people. However, according to what is said, Hujr saw some objectionable things in Ziyad.
338. Ziyad was one of the governors of `Ali when he was khalif. Hujr b. `Adi was one of Ziyad’s friends and helpers. He did not object to anything he did. When he became one of Mu`awiya’s governors, he began to object to him and dashed into the calamity of partisanship and bias. Hujr acted in the same way with whoever had been appointed over Kufa for Mu`awiya before Ziyad. Mu`awiya had an excuse for thinking that Hujr was one of those who strove to work corruption in the earth.
He threw pebbles at him and deposed him. He wanted to lead the people to sedition. Therefore Mu`awiya considered him one of those who strove for corruption in the land. `A’isha spoke to him about his affair when he went on Hajj. He told her, "Leave me and Hujr alone until we meet before Allah." Therefore you, company of muslims, should leave them alone until they meet before Allah with their just chosen firm companion. How can you go on where you have no awareness? Why don’t you listen?
It is said that he intrigued against al-Hasan in order to poison him.
We said that this is impossible for two reasons. One of them is that he did not fear any force from al-Hasan once he had surrendered authority. The second is that it was an unknown business. Only Allah knows it. How can you assume it without proof and ascribe it to any of His creatures in a distant time when we do not have any sound transmission about it?
Moreover, this occurred in the presence of the people of sects who were in a state of sedition and rebellion. Each of them ascribed what he should not ascribe to his companion. Only the pure is accepted in it. Only the determined just man is listened to in it.
339. Ibn Taymiyya spoke in ‘The Path of the Sunna’ (2:225) about the Shi`a claim that Mu`awiya poisoned al-Hasan, "That was not established by any clear proof in the Shari`a nor by a considered statement nor by a clear transmission. This is part of what it is not possible to know. This is a statement without knowledge." He said, "In our time, we saw people among the Turks and others who said that he was poisoned and died of poison. People disagree about that and even where the place was where he died and the fort where he died. You will find each of them relating something different from what the other related." After Ibn Taymiyya mentioned that al-Hasan died in Madina while Mu`awiya was in Syria, he mentioned the possibilities of the report, assuming it to be sound. One of them is that al-Hasan was divorced and did not remain with a wife.