Showing posts with label QADI ABU BAKR IBN AL-'ARABI. Show all posts
Showing posts with label QADI ABU BAKR IBN AL-'ARABI. Show all posts

Friday, October 24, 2008

Companions after Mohammad [PBUH]'s Death - 15



-15-

العواصم القواصم

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
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And he went to Makka.

Rather the just man testified to his integrity. Yahya b. Bukayr related from al-Layth b. Sa`d, "The Amir al-Mu’minin Yazid died on such and such a day." Al-Layth called him the "Amir al-Mu’minin," after their kingdom had departed and their state had ended. If he had not been an Amir in his opinion, he would only have said, "Yazid died." If it is said, "And if Yazid had not done anything else except murder al-Husayn b. `Ali," we said, "Alas for afflictions once and alas for the catastrophe of al-Husayn a thousand times. His urine spilled on the breast of the Prophet, may Allah bless him and grant him peace, and his blood was shed on the dust and it was not spared."
361. Bawgha’: the fine earth.

Oh Allah, Oh Muslims! The best model of what is related about him is that Yazid wrote to al-Walid b. `Uqba to tell him about Mu`awiya’s death and he ordered him to take the homage for him from the people of Madina although it had already taken place. He summoned Marwan and told him. He said to him, "Send to al-Husayn b. `Ali and Ibn az-Zubayr. See if they give allegiance. If they do not we will smite their necks." He said, "Glory be to Allah! You will kill al-Husayn b. `Ali and Ibn az-Zubayr?" He said, "What do I tell you?" He sent for them. Ibn az-Zubayr came to him and he told him about Mu`awiya’s death and asked him for allegiance. He said, "Someone like me gives homage here? I will mount the mimbar and give allegiance openly with the people." Marwan leapt up and said, "Strike his neck! He is full of sedition and evil!" Ibn az-Zubayr said, "You are there, Ibn az-Zurqa’ (son of a blueblack woman)!" They cursed each other. Al-Walid said, "Leave me." He sent to al-Husayn and he did not say a word to him about anything. They left him. Al-Walid laid an ambush for them. When morning was near, they left in haste for Makka and reached it. Ibn az-Zubayr said to him, "What keeps you from your party and the party of your father? By Allah, if I had the like of them I would go to them." This is not sound. The historians mention that the people of Kufa wrote and answered al-Husayn,

362. The first to write to him from the shaykhs of the party, according to what their historian Lut b. Yahya related, were Salman b. Surad, al-Musayyib b. Najba, Rif’a b. Shaddad and Habib b. Muzahir. They sent their letter with `Abdullah b. Sab’ al-Hamdani, and `Abdullah b. Wali. They came to Husayn in Makka on the tenth of Ramadan, 60 A.H. After two days, Qays b. Mushir al-Saydawi, `Abdu’r-Rahman b. `Abdullah b. al-Kadn al-Arhaji and `Umara as-Saluli went to him with fifty-three pages. After another two days, Hani’ b. Hani’ as-Subay’i and Sa`id b. `Abdullah al-Hanafi hurried to him. (at-Tabari, 6:197 has the texts of some of their letters and the names of some of its people). This continued until they would not meet with their Amir, an-Nu`man b. Bashir on Friday. They called al-Husayn to them. Then when he came, they would expel their Amir and hold him in Syria. They said to one of them, "So the fruits will grow. If you so wish, you will find a large army for you." Al-Husayn sent them his nephew Muslim b. `Uqayl to see if they would be loyal and gather so that he could come to them later. Muslim b. `Uqayl got lost on the way and those with him died of thirst. He wrote to al-Husayn asking him to relieve him of this task. He answered him, "I fear that only cowardice has led you to ask to be excused." Muslim continued until he reached Kufa and twelve thousand of them offered homage to him.

The Amir of Kufa, an-Nu`man b. Bashir, became aware of their movements. He spoke to them and forbade sedition and division. He told them, "I only fight the one who fights me. I will not punish by supposition or suspicion. If you show me your page and you break your pledge of homage, then I will strike you with my sword as long as it is firm in my hand." Yazid knew that an-Nu`man b. Bashir was a forbearing man of piety not suited to opposing a movement like this. He therefore wrote to `Ubaydullah b. Ziyad, his governor over Basra ordering him to take charge of Kufa as well. He commanded him to go to Kufa and to seek out Ibn `Uqayl as the pearl is sought until it is found. Then he should bind him and kill or exile him. `Ubaydullah appointed his brother over Basra and went to Kufa. He met its leaders and took hold of the crisis. It was not long before Muslim b. `Uqayl saw that the opinion of the twelve thousand who had given him allegiance was as thin as air. He found himself alone and cast out. Then he was taken and executed.

Al-Husayn had received the letters of Muslim b. `Uqayl before that, saying that twelve thousand had offered homage to him until death. At the end of the Hajj `Id, he left for Kufa. Ibn az-Zubayr was the only one to encourage him to go out because he knew that the people of the Hijaz would not give him homage as long as al-Husayn was with them. Al-Husayn was the heaviest of people for Ibn az-Zubayr, (At-Tabari, 6:196-197 and look at 6:216-217) and his nephew `Abdullah b. Ja`far b. Abi Talib (2:219). `Abdullah b. Ja`far asked the governor of Yazid over Makka, `Amr b. Sa`id b. al-`As, to write a letter of safe-conduct for al-Husayn to give him hopes of kindness and connection and to ask him to come back. The Governor of Makka granted all that he sought. He told him, "Write whatever you wish and I will seal the letter." He wrote to him and the governor sealed it. He sent it to al-Husayn with his brother Yahya b. Sa`id b. `Is. `Abdullah b. Ja`far went with Yahya. They tried to dissuade al-Husayn from travelling. He refused. (The Governor’s letter is in ‘The History’ of at-Tabari, 6:219-220). No one was above these counsellors in their intellect, knowledge, position and sincerity. `Abdullah b. Muti`, the agent of Ibn az-Zubayr, was one of his advisers who had intellect and sincerity (at-Tabari, 6:196). `Umar b. `Abdu’r-Rahman b. al-Harith b. Hishan al-Makhzumi held this opinion (at-Tabari, 6125-126), and al-Harith b. Khalid b. al-`As b. Hisham did not neglect to give him counsel (6:216). Even al-Farazdaq the poet told him, "The hearts of the people are with you, but their swords are with the Banu Umayya." (at-Tabari, 6:218). None of this effort turned al-Husayn from this journey which was ill-omened for him, for Islam, and for the Islamic community until this very day and will be until the Last Day.

All of this was due to the crime of his party who encouraged him to rashness, delusion and desire for civil strife, division and evil. Then they disappointed him through their cowardice, baseness, treachery and perfidy. Their heirs were not content with what their ancestors did. They devoted themselves to clouding history and changing the truth and to reversing things. and he sent Muslim b. `Uqayl, his nephew, to them to take allegiance from them and to investigate his followers. Ibn `Abbas forbade him and told him that they had disappointed his father and his brother. Ibn az-Zubayr indicated to him that he should go out, so he went out. When he reached Kufa, Muslim b. `Uqayl had been slain and all of those who had invited him surrendered him. It is enough for you in this to have the warning of the one who is warned. He persisted and continued out of anger for the deen and to establish the truth. But he, may Allah be pleased with him, did not accept the good advice of the man with the most knowledge among the people of his time. That was Ibn `Abbas. He turned away from the opinion of the shaykh of the Companions, Ibn `Umar.
363. Well-being lay in what he preferred and his encouraging the unity of the muslims and their devotion to the spread of the call and conquest. He sought the beginning in the end and the straight in the crooked and the greenness of youth in the white hair of old age. His power was not like that nor did he have any helpers who guarded his right or who expended themselves for him. We wanted to purify the earth of the wine of Yazid,

364. By the claim of those who provoked the sedition who testified to something which they did not know. so we shed the blood of al-Husayn. A calamity came to us which the happiness of time cannot heal. No one came out to him except by using interpretation. They all fought him with what they had heard from his grandfather, the master of the messengers who mentioned the corruption of the situation and warned about getting involved in seditions. He said a lot about that. They included his words, may Allah bless him and grant him peace,

365. From the hadith of `Arfaja in ‘The Book of the Amirate’ in the ‘Sahih’ of Muslim: The chapter of ‘The Judgments of the One who Divides the Muslims when they are United’ (book 33, hadith 59, pt. 6, p. 22). "There will be defects and flaws. Whoever wants to divide the business of this community when it is united should be struck with the sword, whoever he is." People only presented this and things like it. Even if their leader and the son of their noble al-Husayn expanded his house, his estate or his camels, and even if people came to him to establish the truth and they included Ibn `Abbas, and Ibn `Umar, one should not turn to them. He should remember what the Prophet, may Allah bless him and grant him peace, warned about and what he said about his brother.

366. i.e "this son of mine is a master. Perhaps Allah will use him to make peace between two large groups of muslims." He saw that it had left his brother while the armies of the land and the great men were seeking him out. How then could it return to him by the dregs of Kufa while the great companions forbade him and held aloof from him? I do not think that this is anything other than submission to the decree of Allah and sorrow for the grandson of the Messenger of Allah, may Allah bless him and grant him peace, for all time. If it had not been for the fact that the shaykhs and notables of the community recognised that it was a matter which Allah had taken away from the people of the House and a state of civil strife which no one should become involved in, they would never have surrendered it.

Ahmad b. Hanbal, in spite of his asceticism and his immense position in the deen and his scrupulousness, still included Yazid b. Mu`awiya in ‘The Book of Zuhd’ and mentioned what he used to say in his khutba, "When one of you falls ill, is treated and recovers, he should look to the best action he has and cling to it. He should look to the worst thing he has done and leave it." This indicates his immense position with Ibn Hanbal since he included him among the men of Zuhd of the Companions and the Tabi`un whose words were followed and those who are not warned. Indeed, he included him in the group of companions before he proceeded to mention the Tabi`un. Where is this in relation to what the historians say about him and wine and types of corruption? Are they not ashamed? When Allah strips them of virtue and modesty, why do you not desist and hold back when they follow the rabbis and monks rather than the men of excellence of the community? You should reject the heretics and impudent men who are affiliated with the community. "This is a clarification for people and guidance and warning for the fearfully aware." Praise be to Allah, the Lord of the Worlds."

Look at Ibn az-Zubayr after that and what he did when homage was given to him in Makka and when he had all of the land there. Look at Ibn `Abbas and his intellect and his concern for himself. Look at Ibn `Umar and his age and surrendering the business to this world and casting it away. If there had been a way to establish that, the one most entitled to that would have been Ibn `Abbas. It is mentioned that the sons of his brother, `Ubaydullah, were slain unjustly.

367. That was in 40 A.H. in the Yemen at the end of the governorship of `Ubaydullah b. `Abbas over Yemen for `Ali, Mu`awiya sent Busr b. Abi Arta’ to the Hijaz and the Yemen and he took homage for him from the people of the Hijaz. Then Busr went to the Yemen. When `Ubaydullah learned of his arrival, he fled to Kufa and left his sons in the Yemen. Busr killed both of them according to what is said. However, by his intellect, he saw that even `Uthman’s blood had not been spare, so how could the blood of the sons of `Ubaydullah be saved? The business was confused

368. i.e. its truth is immersed in its false. and they had left it in order to preserve the unity of the community which is the root, sparing the blood of the muslims and unity amongst them. Refrain from what the cut-off black one commits just as the master of the Shari`a, may Allah bless him and grant him peace, commanded us to refrain.

369. In ‘The Book of the Amirate’ of the ‘Sahih’ of Muslim from the hadith of Abu Dharr (book 33, hadith 36, pt. 6, p. 14). Each of them had immense worth and strove. Each of them is correct and rewarded. Whatever he did Allah has a judgment about it ,which He will carry out and He has a judgment in the next world which He has already judged and finished with. Measure these matters by their proper measures. See how Ibn `Abbas and Ibn `Umar dealt with them. Then deal with them like that. Do not join the fools who have unleashed their tongues and pens with what has no use for them. No one is independent of Allah nor can anything in this world dispense with Him.

Look at the best Imams and the fuqaha’ in the cities. Did they turn to these fables and speak about stupidities like these? They knew that this was ignorant partisanship and futile zeal. All it does is sever the bonds between people, scatter unity and create different sects. What happened, happened. The historians said what they said. One is either silent or follows the people of knowledge. Cast away the follies of the "Historians" and the men of letters. Allah will perfect His blessings on us and you by His mercy.

Note:

It is a wonder that people consider the Government of the Umayyads terrible when the first to appoint them to govern was the Messenger of Allah, may Allah bless him and grant him peace. On the Day of the Conquest, he appointed `Attab b. Usayd b. Abi’l-`Is b. Umayya over Makka, may Allah sanctify it and bless its land - while he was a very young man, whether he had grown a beard or not. He made Mu`awiya b. Abi Sufyan a custodian of his revelation. Then Abu Bakr appointed his brother, Yazid b. Abi Sufyan, over Syria. After that, they continued to rise in the path of glory and go up in the levels of might and the positions of honour until their days were finished.

People relate baseless hadith about them. They include the hadith of the dream that the Prophet, may Allah bless him and grant him peace, had about the Umayyads leaping on his mimbar like monkeys. It grieved him, so he was given the Night of Power, better than the thousand months in which the Umayyads ruled. If this had been sound, we would not have begun the state when he appointed them nor would he have appointed `Attab over the best area of earth, Makka. This is a root which you must grasp.

If it is said that Mu`awiya began to judge by what was not true in Islam and to decide what is not lawful when he attached Ziyad’s paternity, we said, "We made it clear elsewhere that the ascription of Ziyad’s paternity was based on sound things and correct action which we will clarify after we have mentioned their claim that he left the straight path. There is no way to arrive at their lie because the patch of the lie is not mended. They said that Ziyad was ascribed to `Ubayd ath-Thaqafi through Sumayya, the slave-girl of al-Harith b. Kalada.


370. Ibn `Asakir related in the biography of Ziyad from ‘The History of Damascus’ (5:409) from `Uwana b. al-Hakam al-Kalbi (the oldest of the shaykhs of al-Mada’ini) that Sumayya, the mother of Ziyad belonged to one of the Persian landowners. He complained of a stomach ache and feared that he was afflicted with dropsy. He summoned al-Harith b. Kalada ath-Thaqafi, the doctor of the Arabs, who used to attend Chosroes. He treated the landowner and cured him, so he gave him Sumayya. She bore him Abu Bakra (his name was Masruh or Nufay’), but he did not acknowledge him. Then she bore Nafi` and he did not acknowledge him. When Abu Bakra went to the Prophet, may Allah bless him and grant him peace, al-Harith b. Kalada said to Nafi`, "Your bother Masruh is a slave and you are my son." So he acknowledged him on that day. Al-Harith married her to a slave of his called `Ubayd and she bore Ziyad while she was married to him. Abu Sufyan went to Ta’if and stayed with a man called Abu Maryam as-Saluli. He said, "Abu Maryam brought Sumayya to him and he slept with her and she conceived Ziyad."

Ziyad purchased his father `Ubayd for one thousand dirhams and set him free.

371. In the biography of Ziyad from the history of Ibn `Asakir (5:406-407) there is the report which Zuhra b. Ma’bad b. Muhammad b. `Amr related about Ziyad coming when he was a child to the Amir al-Mu’minin `Umar from Abu Musa al-Ash’ari on the day of Jalala’. They both said, "When `Umar looked at him, he saw that he had a good form and fine white cotton clothes. He said to him, "What is this garment?" He told him that then `Umar said, "What did it cost?" He told him something small and he believed him. He told him, "How large is your gift?" He said, "two thousand." He said, "What did you do with the first gift you were given?" He said, "I purchased my foster father `Ubayd and I set him free." `Umar said, "You have been successful." He asked him about the shares of inheritance, the sunan and the Qur`an, and he found that he had knowledge of the Qur`an and its rules and the shares of inheritance." So he sent him back to Abu Musa and commanded the amirs of Basra to follow his opinion.

Abu `Uthman al-Hadi said, "We envied him." `Umar appointed him over part of the zakat of Basra. It is said that he was a scribe for Abu Musa.

372. Ibn `Asakir quoted from Abu Nu`aym that Ziyad wrote letters to Abu Musa al-Ash’ari and then to `Abdullah b. `Amr b. Kurayz, then to al-Mughira b. Shu`ba, then to `Abdullah b. `Abbas who were all in charge of Basra. The Amir al-Mu’minin `Ali wanted him to take charge of Basra. Ziyad indicated to him that he should appoint `Abdullah b. `Abbas, but he promised to help and advise him. When he did not give the testimony with the witnesses who testified against al-Mughira, `Umar flogged them and dismissed him. He told him, "I did not dismiss you for any disgrace, but I dislike to impose your excess intelligence on people." They related that `Umar sent him to the Yemen to put the corruption in order and he returned and made a speech whose like has never been heard. `Amr b. al-`As said, "By Allah, if this lad had been a Qurayshi, people would have held to his staff." Abu Sufyan said, "By Allah, I know who placed him in his mother’s womb." `Ali said to him, "Who?" He said, "I did." He said, "Easy, Abu Sufyan." Abu Sufyan recited some verses:

By Allah, if it were not for fear for my person,

373. i.e. `Umar.

`Ali, I should be seen among the enemies, to show Sakhr b. Harb his business. The statement is not from Ziyad. My cheating with Thaqif was long and I left the fruit of the heart with them. That is what Mu`awiya applied. `Ali appointed him over Persia, Hama, Juba, Fatha and Aslah. Mu`awiya corresponded with him, intending to corrupt him. Ziyad sent his letter to `Ali along with a poem. `Ali wrote to him, "I have appointed you over what I have appointed you. You are worthy of that in my opinion. What you want will only be obtained by patience and certainty in what you have. Abu Sufyan’s error was in the time of `Umar. You do not deserve either lineage or inheritance by that. Mu`awiya will come to the believer from in front of him and behind him." When Ziyad read the letter, he said, "Abu Hasan and the Lord of the Ka`ba have testified for me." That was what emboldened Ziyad and Mu`awiya to do what they did. Then Mu`awiya claimed him in 44 A.H. and Mu`awiya married off his daughter to his son, Muhammad. The news reached Abu Bakr, his brother by his mother. He swore that he would never speak to him again. He said, "This man committed adultery with his mother and he disowns his father. By Allah, Sumayya did not see Abu Sufyan at all. And how should he behave with Umm Habiba?

374. She is the Umm al-Mu’minin Habiba bint Abu Sufyan and the sister of Mu`awiya. Should he see her and then break the sanctity of the Messenger of Allah? If she is veiled from him, then she would disgrace him." Ziyad said, "May Allah reward Abu Bakra! He did not have good counsel in any situation!" The poets spoke about him. They related that Sa`id b. al-Musayyib said, "The first false decision in Islam was the false connection of Ziyad’s paternity. Qadi Abu Bakr, may Allah be pleased with him, said, "We made this report clear in another place. We spoke on it and it does not need to be repeated. However, what his meant by it must be made clear. We say, "We neither affirm nor deny all we mentioned because it is not used as a proof. That which we know to be true and which we clearly state as knowledge is that Ziyad was one of the companions by birth and sight,

375. Ibn Hajar gives his biography in the Isaba as does Abu `Umar b. `Abdu’l-Barr in the Isti’ab'. He stated that he was born in the year of the Conquest of Makka. It is said that it was the year of the Hijra and it is said that it was the day of Badr. Ibn Hajar said, "Ibn `Asakir stated that he lived in the time of the Prophet, may Allah bless him and grant him peace, but did not see him." not by fiqh and recognition. As for his father, properly speaking, we do not know that he had a father before the claim of Mu`awiya....

376. It is confirmed that al-Harith b. Kalada admitted to being the father of Nafi`, Ziyad’s brother by his mother. Therefore Nafi` was called Nafi` b. al-Harith b. Kalada. History does not say that either `Ubayd ath-Thaqafi or al-Harith b. Kalada acknowledged Ziyad. ....in attributing his paternity to Abu Sufyan. There are jealous statements made by historians. As for his buying his foster father, that was because he had raised him. He was brought up by him when he came to him. He had lineage to him by virtue of this upbringing if that is what the situation was. As for their words that Abu `Uthman al-Hadi envied him for doing that, that was unlikely in Abu `Uthman’s case. There is no virtue in anyone buying his foster father or his father and then setting him free so that Abu `Uthman and his likes should envy him because this is a rank which is obtained by the rich and the poor, the noble and the low. If he were to spend an immense amount of money, that would give notice of his virtue in humbling the great man of great wealth by his connection to a close guardian. They used these stories in order to give him a father and to put him in the position of the one who denies his own father. As for `Umar appointing him, that is sound. That is enough for you as far as considering him to have integrity, honour and the deen. As for their statement that ‘Umar dismissed him because he did not bear false witness, on the contrary it is related that when his three companions testified,
377. The three Companions who testified against al-Mughira were his two brothers by his mother: Nufay’ and Nafi`, who is ascribed to al-Harith b. Kalada, and the third is Shibl b. Ma’bad. `Umar said to al-Mughira, "Your fourth is gone, your half is gone, and three-fourths of your side has gone." When Ziyad came, he said to him, "I see that you have a handsome face and I hope that Allah will not disgrace a man who was one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, at your hands." As for his speech which `Amr is said to have admired, he did not have excellent knowledge nor eloquence more than `Amr had, so who was below or above him? The slandering shaykh...

378. Perhaps he meant al-Jahiz. The greatest of his speeches which he quoted is in ‘The Clarification and Making Clear’. That is his speech which is called al-Bakra’. It is in the beginning of part 2. .....included a speech which was not of this measure. As for their words that Abu Sufyan acknowledged him and spoke some poetry about him, the one who has studied does not doubt that if Abu Sufyan had acknowledged him during the lifetime of `Umar, he would not have concealed anything because the situation had to be one of two things: Either `Umar thought that he was indeed connected to him,

379. i.e. his connection and attachment.

as others have related from him and that would have been carried out, or he would have rejected that. No punishment is required against Abu Sufyan for what he did in the time of the Jahiliyya. They mentioned this stupid broken and forged story which is outside of the limits of the deen and learning. It is meaningless. As for `Ali appointing him, that shows his integrity. As for Mu`awiya sending to him so that he would join him, it is sound in general. As for the details about what Mu`awiya wrote to Ziyad or wrote to `Ali or what `Ali used to reply to Ziyad, this is all fabrication. As for `Ali’s words, "It was an error from Abu Sufyan in the time of `Umar, so you do not deserve lineage by it.". If that had been true, that is a testimony as is related from Ziyad. That does not invalidate what Mu`awiya did because it is a question of ijtihad between the `ulama'. `Ali had one opinion and Mu`awiya and others had another opinion. As for the note in the discussion which is the statement about Mu`awiya giving Ziyad’s paternity and people blaming him for that, what is he blamed for in it if he did hear it from his father?

What fault rests with Abu Sufyan in attaching an illegitimate child when that came from something which happened in the time of the Jahiliyya. It is known that Sumayya did not belong to Abu Sufyan as Zum’a’s son did not belong to `Utba. However, `Utba had someone who disputed with him and judgment was accorded to that person. No one disputed Mu`awiya concerning Ziyad. Oh Allah, here is a point on which the `ulama' disagree. It is that when the brother claims to be connected to a brother saying "He is the son of my father," and no one disputes him and he is alone in that, Malik said, "He inherits and the lineage is not confirmed." Ash-Shafi’I used as a proof the words of the

Prophet, may Allah bless him and grant him peace, "He is yours, `Abd. b. Zam’a. The child belongs to the household (where he was born) and the adulterer has stones." He decided that belonged to the household and that the lineage is given. We said that this is great ignorance. That is because his words that the Prophet, may Allah bless him and grant him peace, decided that he belongs to the household is true. As for his statement that the lineage is confirmed, that is false because `Abd claimed him by two reasons. One of them was by virtue of his being born in his household, and the second was by being his brother. If the Prophet, may Allah bless him and grant him peace, had said, "He is your brother and the child belongs to the household", that would have confirmed the principle and mentioned the cause. However, the Prophet, may Allah bless him and grant him peace, did not mention brotherhood nor go into it. He did not mention lineage nor make an explicit statement about it. In the Sahih it says, "He is your brother" and another version has, "He is yours," meaning you know him best. We made that clear in the questions of dispute.

Al-Harith b. Kalada did not claim Ziyad nor did he have any lineage with him. The son of his slavegirl was the child in his household. He belongs to whoever claims him, unless he is opposed by someone who is more entitled to him. There was no fault in Mu`awiya when he did that. He acted correctly in it according to the school of Malik. If it is said, "Why did the Companions reject it?" We said, "Because it is a question of ijtihad. Whoever thinks that lineage is not connected by the single heir, rejects it and thinks it terrible." If it is said, "Why did they curse him and use as a proof the words of the Prophet, may Allah bless him and grant him peace, "Cursed be the one who is ascribed to other than his father or ascribed to other than his ex-masters." We said: The one who cursed him cursed him for two reasons. One is because he stated that his lineage was by this path. Whoever does not think that he is cursed for this, cursed him for another reason. In their opinion, Ziyad deserved to be cursed when he innovated after Mu`awiya proclaimed his paternity.

380. The most important reason for that in their opinion lies in the execution of Hujr b. `Adi. That was already discussed. If it is said that the Prophet, may Allah bless him and grant him peace, held that fornication creates taboos of kinship, he established that principle when he said, "Veil yourself from him, Sawda."

381. In ‘The Book of the Judgments’ form the ‘Muwatta’’ of Imam Malik (chap. 21, p.740) from Ibn Shihab from `Urwas b. az-Zubayr from `A’isha. She said, "`Utba b. Abi Waqqas disclosed to his brother, Sa`d b. Abi Waqqas, that he was the father of the son of Zam’a’s slave-girl. He made him promise to look after him (after his death)." She said, "In the year of the Conquest of Makka, Sa`d took him and said, ‘He is my nephew. My brother made a covenant with me about him.’ `Abd b. Zam’a stood up and said, ‘He is my brother and the son of my father’s slave-girl. He was born on his bed.’ The Messenger of Allah, may Allah bless him and grant him peace, said, ‘He is yours, `Abd. Zam’a’. Then he, may Allah bless him and grant him peace, said, ‘The child belongs to the household and the adulterer has stones.’ Then he said to Sawda bint Zam’a, ‘Veil yourself from him.’ since he saw that he resembled `Utba b. Abi Waqqas. She said, ‘He did not see her until he met Allah, the Mighty, the Exalted.’" Al-Bukhari related it (book 34, chap. 3) and Muslim (book 17, chap. 10, hadith 36).


This indicates that adultery creates the same taboo-relationships as are created by intercourse in a valid marriage. That is similar to what the Kufans said. In the version of Ibn al-Qasim, Malik aided them in the question, but did not help them in the proof in this way. We made it clear in The Book of Marriage. Ash-Shafi’i said, "The reason that the Prophet, may Allah bless him and grant him peace, told Sawda to veil herself in spite of the confirmation of Zum’a’s lineage and the validity of him being her brother by the claim of `Abd, was in order to exalt the respect for the wives of the Prophet, may Allah bless him and grant him peace, because they are not like any other women in their honour and excellence.

We said, "If he had been her brother by a firm lineage as you say and the words of the Prophet, may Allah bless him and grant him peace, "The child belongs to the household" confirms the lineage, then why did the Prophet, may Allah bless him and grant him peace, forbid Sawda to be unveiled before him when `A’isha was not kept from the man about whom she said, "This is my brother by suckling." He said, "You can be seen by your brothers." As for what is related from Sa`id b. al-Musayyib, it is reported about his madhab that his claim to paternity is not sound. That is what some other Companions and Tabi’un thought.

The question led to dispute in the community and the fuqaha’ of the cities. It went beyond criticism to the level of a belief. Malik clearly stated his lineage in ‘The Book of Islam’ in the Muwatta’ referring to him. He stated during the `Abbasid state, "Ziyad b. Abi Sufyan." He did not state as the misguided person said, "Ziyad the son of his father." This is based on what he thought about the lineage being confirmed by a single statement. However, there is great fiqh in that, which no one realises. It is that since it is a disputed question and judgment is possible by either aspect, it is not retracted. The Qadi judged the disputed question by one of two statements which was implemented and there was no dispute about it. Allah knows best. As for this variant where `Umar said, "I dislike to enforce your superior intellect on people," this is an addition which is without any foundation made by one with a defective intellect. What intellect did Ziyad have more than people had in the days of `Umar?

382. Because when he came to `Umar, he was seventeen, according to what al-Bukhari transmitted in his ‘Middle History’ from Yunus b. Habib from the family of Ziyad. Every one of the Companions had more understanding and knowledge than Ziyad had. This is why everyone who has a fuller intellect more than someone else is more suited to mix with people. They said, "He was an old fox." That is a weak statement. Cunning and shrewdness is knowledge of the meanings and judging ends by the beginnings. Every single Companion and Tabi’ was above Ziyad (in this). Those versions which the historians related in their lies are from the tricks of war and assaulting people. Anyone today can do the like or more than them. The stratagem is amazing, mentioned and related when it is in harmony with the deen.

As for every story which is in opposition to the deen, there is neither good nor intellect in transmitting it. All people, the rulers of the Umayyads in particular, as we already mentioned, had more intellect and more eloquence than Ziyad. Do not look at falsehoods which are quoted.

Note:

Appointments and dismissals have meanings and realities which most people do not know. You know that the Messenger of Allah, may Allah bless him and grant him peace, died among twelve thousand companions who are known. They included about two thousand men famous for majesty. From among them, Abu Bakr appointed Sa`d, Abu `Ubayda, Yazid, Khalid b. al-Walid, `Ikrima b. Abi Jahl and another group higher than him. He appointed Anas b. Malik over Bahrayn when he was twenty years old, imitating the Prophet, may Allah bless him and grant him peace, and what he did with `Attab.


383. `Attab b. Usayd b. Abi’l-’Is b. Umayya. When were the shaykhs all used up, so that he had to take the young men? `Umar also made appointments like that. He was quick to dismiss Khalid. All of that was due to great fiqh and wonderful recognition which is made clear in its place in ‘The Book of the Imamate’ and politics from the roots. Study other things. This topic is not part of something which the people of literature discuss. As for what is related from Mu`awiya that he summoned witnesses, As-Saluli and others
testified.

384. As-Saluli is Malik b. Rabi`a b. Maryam. That was in 44 A.H. Those who testified with him were Ziyad b. Asma’ al-Hirmazi, al-Mundhir b. az-Zubayr (according to what al-Mada’ini mentioned with his isnads), Jawayriyya bint Abi Sufyan, al-Miswar b. Quddama al-Bahili, Ibn Abi Nasr ath-Thaqafi, Zayd b. Nufayl al-Azdi, Shu`ba b. al-`Alqam al-Mazini, a man from the Banu `Amr b. Shayban and a man from the Banu’l-Mustaliq. They have testified for Abu Sufyan that Ziyad was his son, except for al-Mundhir. He testified that he had heard `Ali say, "I testify that Abu Sufyan said that." Mu`awiya gave a speech and attacked Ziyad. Ziyad spoke and said, "If what the witnesses have stated is true, then praise be to Allah. If it is false, I put them between me and Allah."

Forget the one who admitted what was related from as-Saluli. It was not that at all. Be fortunate by dropping what Sa`d or Sa`id related in the story. As for the words of Abu Bakra, his brother by his mother, about him, that does not injure him because that was the opinion of Abu Bakra and his ijtihad. As for their words in what Abu Bakra said, namely that he committed adultery with his mother, if that is true, what happened in the Jahiliyya does not harm her in the deen. Allah pardoned all the people of the Jahiliyya by Islam. He dropped wrong actions and shame from them. Only those who are ignorant of that mentioned this.

Qadi Abu Bakr, may Allah bless him and grant him peace, said: The people did not find any fault in anyone. Envy of him and their enmity of him overcame them, so they created faults for him. Accept the advice and only look at what is sound in reports. As I already told you, avoid the people with histories. They mentioned sound simple reports from the salaf in order to use that as a means to quote lies. As we already stated, they threw something which is unpleasing to Allah into their hearts. That was in order to demean the salaf and to weaken the deen. The deen is too mighty for that and the salaf are too noble for that. Allah is pleased with all of them.

Whoever looks at the actions of the Companions will clearly see the falseness of these disclosures on which the historians disagree and which they slipped into the hearts of the weak. This Ziyad had the good fortune to appoint Samura b. Jundub, one of the great Companions. He accepted his appointment with his position. How could he think that he would accept the appointment by an unjust man who lacked right guidance? He had what the Companions had. That was without any compulsion or dissimulation. This is the clear proof.

With whom would you like to be: with Samura b. Jundub or with al-Mas`udi, al-Mubarrad, Ibn Qutayba and their likes?

385. Qadi Abu Bakr gave this harsh judgment about Ibn Qutayba. He thought that ‘The Book of the Imamate and Politics’ was one of his books as will come. ‘The Book of the Imamate and Politics’ has some things in it which took place after the death of Ibn Qutayba. That indicated that it was foisted off on him by some foul person belonging to a sect. If the author had known the truth, he would have put al-Jahiz in the same place as Ibn Qutayba. This is the end of the clarification.

Disaster

The Jahiliyya was based on partisanship and people acted with fervour in it. When Islam brought the truth and Allah showed His blessings to creation, He, glory be to Him! said, "Remember the blessings of Allah to you when you were enemies and He joined your hearts together so by the blessing of Allah you became brothers" (3:103). He said to His Prophet, "If you had gathered all that is in the earth you would not have joined their hearts together, but Allah has joined their hearts together" (Anfal:63). The blessing of the Prophet, may Allah bless him and grant him peace, joined them together and united them and made their hearts sound and wiped out their malice.

Allah took His Messenger, may Allah bless him and grant him peace, to Himself. Then selves became averse, but the outward form continued as long as the balance remained. When the balance was removed, as was already mentioned.

386. That is, the Fitnat all-Kubra.

In the story, Allah took the hearts away from harmony and spread a wing of separation until the two wings were level at the murder of `Uthman. It flew into the distance and the bloodshed will continue until the Last Day. People became gangs,

387. The plural of ‘iza, a party of people. wandering in every valley full of bigotry. Some of them were for Abu Bakr, some for `Umar, some for `Uthman, and for `Ali and for `Abbas. Each claimed that they were right and the one whom they supported was right and that the rest were unjust, miserly tyrants who lacked any good. That is not a madhab nor is there any statement for it. Those are stupidities and ignorance, or intrigues designed to lead people into misguidance so that the Shari`a will disappear and the heretics will be able to make fun of the religion while Shaytan plays and jokes with them. He takes them outside of any path or madhab.

The Bakris said: "Abu Bakr has a clear text from the Messenger of Allah, may Allah bless him and grant him peace, in the prayer, and the community was pleased with him for this world. He had the highest virtue and sincere love with the Prophet, may Allah bless him and grant him peace. He was appointed and was just. He chose and did well. However, he erred about `Umar, and his command was a mistake. `Umar’s boorishness dominated, and they mention faults (in `Umar). As for `Uthman, what he did is not hidden. It is the same with `Ali. Al-`Abbas is not mentioned." The `Umaris said, "As for Abu Bakr, he was an excellent weak man, while `Umar was a strong just Imam, praised by the Prophet, may Allah bless him and grant him peace, in the hadith of the vision, the bucket, and the ingenious person as was already stated.

388. The author is emphasising the folly of partisanship, viewpoints removed from rightaction. As for `Uthman, he left the path. He did not choose a ruler nor did he give anyone his due, nor restrain his relatives. He did not follow the sunan of those before him. As for `Ali, he dared to take blood." I heard in certain assemblies that Ibn Jurayh

389. `Abdu’l-Malik b. `Abdu’l-`Aziz al-Makki, one of the notable men, died in 150 A.H. used to put `Umar ahead of Abu Bakr. I heard at-Tartushi

390. One of the author’s shaykhs.

say, "If anyone says that `Umar, is put ahead, I will follow him." The ‘Uthmanis said, "`Uthman had previous antecedents, virtues and superfluity in himself and in his property. He was killed unjustly." The `Alids said, "`Ali was the son of his uncle and his in-law and the father of the grandson of the Prophet, may Allah bless him and grant him peace, and the foster son of the Prophet." The `Abbasids said, "`Abbas was the father of the Prophet, may Allah bless him and grant him peace, and the one who most deserved to be put ahead after him." They spoke at length about that with things so vile it is not necessary to mention them.

391. Most of that was in the time of their dynasty.

They related hadith which it is not lawful for us to mention because of the terrible forgery in them and the baseness of their transmitters. Many heretics connected themselves to the people of the house,

392. They used them as a means and attacked many of their best men. They alluded to men like Imam Zayd. Then they opposed the clear Shari`a of the ancestor of the people of the House with the claim of infallibility and actual deification which certain individuals among them articulated. and put `Ali above all people. The Rafidites were divided into twenty groups. The most harmful of them were those who said that `Ali was Allah. The Ghurabiyya said that he was the messenger of Allah, but that Jibril turned away from him with the message and went to Muhammad due to his enthusiasm for him. You only heat cold kufr by the heat of the sword.

As far as the warmth of debate is concerned, it has no effect on it.

Protection

I have told you this so that you will be careful about people, especially the commentators, the historians and the people of literature. They are the people who are ignorant of the sacred things of the deen or who persist in their innovations. Do not pay any attention to what they related, nor accept any riwaya unless it comes from the Imams of the hadith. Do not listen to the words of any historian except at-Tabari.

393. In addition to that, at-Tabari mentioned the sources of his reports and named their transmitters so that there would be a clear proof in the business. He said at the end of the preface of his book, "Whatever reports my book has which the reader does not like because he is unsure of its soundness should know that that has not come from me. It came from some of those who transmitted to me."

Anyone else is the red death and the great disease. They create hadith in order to diminish the Companions and the Salaf and to make light of them. They invested lengthy forgeries in the words and actions which they ascribed to them. Their goals lead out of the deen to this world and from the truth to sects. If you cut off the people of lies and content yourself with the transmissions of just men, you will be safe from these snares and will keep away from these spectres. One of the most terrible things for people is an ignorant man of intelligence or a cunning innovator. As for the ignorant man, he was Ibn Qutayba. He did not leave any trace of the Companions in ‘The Book of the Imamate and the Politics’ if all that is in it is truly from him.

394. Nothing in it is from him. If the ascription of this book had been truly from the firm Imam, Abu Muhammad `Abdullah b. Muslim b. Qutayba, he would have been as Ibn al-`Arabi stated because ‘The Book of the Imamate and Politics’ is full of ignorance, stupidity, foolishness, lies and falsities. When I published the book of "Gambling and Divining Arrows" by Ibn Qutayba more than twenty-five years ago and prefaced it with his full biography and enumerated his works, I mentioned (pp. 26-37) the source of the `ulama' for ‘The Book of the Imamate and Politics’, and their proofs that it was not by Ibn Qutayba. I now will add to what I mentioned in "Gambling and Divining Arrows" that the author of ‘The Imamate and Politics’ related a lot from two of the great `ulama' of Egypt. Ibn Qutayba did not go to Egypt and he did not take anything from these two `ulama'. All of that indicates that the book was foisted off on him.

There was also al-Mubarrad in his literary book.

395. Al-Mubarrad adopted some of the opinion of the Kharijites and he inclined to them. His being an Imam in language and literature does not obscure his weakness in the science of riwaya and isnad. In spite of his majesty in the sciences of the Shari`a and his intellect, the `ulama' did not overlook the weakness of Abu Hamid al-Ghazzali in the sciences of isnad. Moreover, you should be careful not to overlook the like of that in al-Mubarrad. In any case, every report about the past or the future, in our community or in any other community can be thought of as being either true or false until the truthfulness or falsity is established by the touchstone of experience and by scientific investigation.

Where is his intellect in respect to the intellect of Tha’lab, the Imam who preceded him in his dictations. He wrote it in a literary manner, free of attack on the men of virtue in the community. As for the cunning innovator, that was al-Mas`udi. He brought something close to atheism in what he related. As for his innovation, there is no doubt about it.

396. `Ali b. al-Husayn al-Mas`udi. The Shi`a consider him to be one of their shaykhs and great men. In the Tanqih al-Maqal (2:272-273), al-Mamqani mentioned the books about guardianship and the infallibility of the Imam and other things which show his bias and his keeping to a path which is not that of the people of the Muhammadan Sunna. Part of the nature of the Shi`a partisanship and fanaticism is that it takes a person far from equity and justice.

If you close your ears and eyes so that they do not read or listen to lies, and do not listen to anything about a khalif from anyone who ascribes something unfitting to him, and who
mentions what it is impossible to quote, then you will travel on the path of the salaf and turn away from the path of the false. Malik, may Allah have mercy on him, used the judgment of `Abdu’l-Malik b. Marwan as a proof in his Muwatta’ and put it among the rules of the Shari`a.

397. Part of that is what came in ‘The Chapter of Raped Women’ in ‘The Book of Judgments’ in ‘The Muwatta’’ (p.734), "Malik related to me from Ibn Shihab that `Abdu’l-Malik b. Marwan gave a judgment that the rapist had to pay the raped women her brideprice." In ‘The Book of the Mukatab’ in ‘The Muwatta’’ (p. 788), there is another judgment by `Abdu’l-Malik. ‘The Book of Bloodwits’ in ‘The Muwatta’’ (p. 872) has another judgment by him. As for his father, Marwan b. al-Hakam, there are many of his judgments and fatwas in ‘The Muwatta’’ and other books of the Sunna which are in use by the Imams of the Muslims who act by them. Look at the scrupulousness of Marwan and his son `Abdu’l-Malik in the hadith of Malik from Ibn Abi `Abla in ‘The Book of Marriage’ of ‘The Muwatta’’ (p. 540).

He said in his riwaya, "From Ziyad b. Abi Sufyan." He gave him that lineage and he knew his story. If he had considered what the common people believe to be the truth, he would not have been content to give him that lineage or to mention him in his book which he made a foundation for Islam.

398. `Amir b. Shurahil ash-Sha`bi was one of the Imams of the muslims as well. Malik thought of him as one of his Imams. Ibn `Asakir related in the biography of Ziyad from ‘The History of Damascus’ (5:406) that ash-Sha`bi said, "A case came to Ziyad regarding a man who died and left a maternal aunt and a paternal aunt. He said, ‘I will decide between you by a decision which I heard from `Umar b. al-Khattab. That was to put the paternal aunt in the position of the brother, and the maternal aunt in the position of the sister. All of that was compiled in the days of the `Abbasids and their government when they were in power. They did not make him change it nor dislike that because or the excellence of their sciences and their recognition that the question of Ziyad was a question in which people disagreed. Some of them allow it and some forbid it. There is no way for them to object to it.

Similarly they were amazed to find that when the Khalif read ‘The Muwatta’’ to Malik, he mentioned `Abdul’l-Malik b. Marwan in it and he mentioned his judgment because when the `ulama’ use someone’s judgment as a proof, he will also use his judgment as proof in a similar case. When he attacks it, he will attack it in a similar way.

399. Some of those who related from `Abdu’l-Malik b. Marwan included al-Bukhari in his book, ‘The Unique Adab’, Imam az-Zuhri, `Urwa b. az-Zubayr and Khalid b. Ma’dan from the fuqaha’ and the worshippers of the Tabi’un, and Raja’ b. Hawya, one of the notable men. Nafi`, the client of Ibn `Umar said, "I saw Madina, and there was no youth in it who worked harder nor with more fiqh nor who read the Book of Allah more than Sa`id b. al-Musayyib, `Urwa by. az-Zubayr, Qabisa b. Dhu`ayb and `Abdu’l-Malik b. Marwan before he became the Amir. Ash-Sha`bi said, "I did not sit with anyone but that I found that I was better than him except for `Abdu’l-Malik b. Marwan. I did not mention any hadith to him, but that he gave me more of it, nor any poem but that he gave me more of it." (The Beginning and the End, 9:62-63).
Al-Bukhari quoted
400. In ‘The Book of the Judgments’ of his ‘Sahih (book 93, chap. 43, pt. 8, p. 122). Look at the Greater Sunan by al-Bayhaqi (8:147). that `Abdullah b. Dinar said, "I saw Ibn `Umar when the people gathered to `Abdu’l-Malik b. Marwan." He wrote, "I confirm obedience to `Abdu’l-Malik, the Amir al-Mu’minin, in the sunna of Allah and the sunna of His Messenger as much as I can. My sons confirm the like of that." Al-Ma’mun used to say that the Qur`an was created as did al-Wathiq. They proclaimed their innovation and the question became known, i.e. that when the Qadi or Imam innovates, is his Government sound and are his judgments carried out or are they rejected. That is a well known question. This is much worse than the indifference of the historians when they say that so-an-so the khalif drank wine or sang or was corrupt or committed adultery. This statement about the Qur`an is either innovation or disbelief (kufr) - according to the disagreement of the `ulama' regarding it. However, these men were known for that. They did not feign acts of rebellion when they did them, so how can one confirm the words of the singers and indifferent historians regarding them when they used that in order to make acts of rebellion easy for people.

That was to make people say, "If our khalifs do this, it is not difficult for us to do it." The leaders helped them to spread these books and read them because they wanted to act in this way, so that the correct would be considered disliked, and the disliked considered correct. They even allowed al-Jahiz to read his books in the mosques although they contain lies, falsehoods, and disliked things. In respect of the Prophets, they produced things without right guidance, as was said about Ishaq, may Allah bless him and grant him peace, in the ‘Kitab ad-Dalal wa’t-Tadlal.’ Reading the books of philosophy enable people to deny the doer and invalidate the Shari`a due to the corrupt desires and false goals which their ministers and elite had. If a faqih errs or an `alim speaks badly: What is bad to the fire is at the top of Kabkab.

401. Kabkab: A mountain behind `Arafat which overlooks it. The poem is by al-A`mash. It ends, Whoever is in exile from his people continues to see the battlegrounds of the wronged in course and flow. Good actions are buried in it. If he is bad, what is bad to the fire is at the top of Kabkab. If you understand these matters, your intentions will be excellent and your hearts will be free of alteration toward the earlier men. I have made it clear to you that you should not devote yourselves to a dinar or even a dirham unless it is just and free of suspicion and free from appetite. How can you accept anything, about the states of the salaf and what happened before among the first ones, from those who have no rank in the deen? How can you accept what they say about integrity?
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May Allah show mercy to `Umar b. `Abdu’l-`Aziz! When they were speaking about what had happened between the Companions, he said,


تِلْكَ أُمَّةٌ قَدْ خَلَتْ لَهَا مَا كَسَبَتْ وَلَكُم مَّا كَسَبْتُمْ وَلاَ تُسْأَلُونَ عَمَّا كَانُوا يَعْمَلُونَ

"That is a community which has passed. They have what they earned and you have what you earned. You will not be questioned about what they did." (2:134).

Praise be to Allah, by whose favour right actions are perfected

THE END....

Companions after Mohammad [PBUH]'s Death - 14


-14-

العواصم القواصم

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

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353. What follows clarifies the narration above.

Al-Bukhari completed the chapter and pursued an excellent course. In his ‘Sahih’, he related what will render all of this invalid. That is that Mu`awiya gave the khutba while Ibn `Umar was present during that khutba. According to what Al-Bukhari 354. Book 64, chap. 29, pt. 5, p. 48. related from `Ikrima b. Khalid, Ibn `Umar said, "I came to Hafsa and her locks were dripping.

355. i.e. her locks were dripping water. Locks are called "nawsat" because they shake, i.e. move. I said, "The matter is as you have seen. None of the command has been given to me." She said, "True. They are waiting for you. I fear that there will be divisions if you hold back." She would not leave him alone until he went. When the people parted, Mu`awiya spoke. He said, "Whoever wants to speak about this matter should raise his head. We are better for him than himself and his father." Habib b. Maslama....

356. Habib b. Maslama al-Fihri of Makka. He was a child at the death of the Prophet, may Allah bless him and grant him peace. Then he went to Syria for jihad. He was famous for his might and he is considered to be the conqueror of Armenia. It is said that he was the general of the relief army which went from Syria to rescue `Uthman from the hands of his attackers. The news reached him that he had been martyred while he was on his way. Therefore he went back. ....said, "Won’t you answer him?" `Abdullah said, "I got up and I wanted to say, ‘The one who fought you and your father for Islam, but I feared that I would say something which would split up the community and cause bloodshed and it would be understood other than how I meant it, so I remembered what Allah has prepared in the garden." Habib said, "You remembered and were protected."



Al-Bukhari related....

357. In ‘The Book of Seditions’ from the ‘Sahih’ (book 92, chap. 21, pt. 8, p. 99). ....that when the people of Madina deposed Yazid b. Mu`awiya, Ibn `Umar gathered his servants and his children together. He said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, ‘A banner will be set up for every traitor on the Day of Raising.’ We gave homage to this man according to the homage of Allah and his Messenger.

358. This luminous report which al-Bukhari relates in his ‘Sahih’ shames those who lied about Wahb b. Jarir in those contradictory reports that Ibn `Umar and others did not offer allegiance to Yazid and that Mu`awiya appointed people to cut off their heads if they refuted him when he lied against them, saying that they had given homage to his son. Now it is clear that he did not lie against them. Ibn `Umar announced in the most critical situation – during the rebellion of the people of Madina against Yazid at the instigation of Ibn az-Zubayr and his agent, Ibn Muti` - that the homage of the Shari`a to their Imam based on the homage to Allah and His Messenger was on his neck as it was on their necks and that it was one of the greatest sort of treachery that the community should give homage to an Imam and then fight him. Ibn `Umar did not limit himself to that in that rebellion against Yazid. Muslim related in ‘The Book of the Amirate’ of his ‘Sahih’ (book 33, hadith 58, pt. 6, p. 22) that Ibn `Umar came to Ibn Muti`, the agent of Ibn az-Zubayr and the instigator of this rebellion. Ibn Muti` said, "Give a cushion to Abu `Abdu’r-Rahman." Ibn `Umar said, "I have not come to sit with you.

I have come to you to relate a hadith to you which I heard from the Messenger of Allah, may Allah bless him and grant him peace, ‘Whoever takes a hand back from obedience will meet Allah without any proof on the Day of Rising. Whoever dies and does not have a homage on his neck, has died a death of ignorance.’" Muhammad b. `Ali b. Abi Talib (known as Ibn al-Hanafiyya) had a similar position with the agent of the rebellion, Ibn Muti`, which the reader will see in another place when the life of Yazid is discussed. I do not know of any greater perfidy than to give homage to a man according to the homage of Allah and His Messenger and then to start fighting him. I do not know of any of you who dismisses him nor gives homage in this matter except that there will be a sharp sword between him and me.

Company of muslims, look at what al-Bukhari related in the Sahih and at what we have already mentioned from him in the variant where `Abdullah b. `Umar did not offer homage and that Mu`awiya lied and said that he had given homage and then told his guards to cut off his head if he refuted him. He said in the version of al-Bukhari’s, "We gave homage to him according to the homage of Allah and the Messenger." There is conflict between the two of them, you yourselves can take the most likely statement in pursuing soundness and sincerity between the Companions and the Tabi’un. When you have not seen them - may Allah protect you from their sedition - do not be one of those who jump into their blood with their tongue and lick the rest of the blood on the earth like dogs after the horseman has removed his lance. The dog only gets the remainder of the blood which has fallen on the earth. A reliable just man related from `Abdu’r-Rahman b. Mahdi from Sufyan from Muhammad al-Munkadir. He said, "Ibn `Umar said when he gave homage to Yazid, ‘If he is good, we are pleased. If he is evil, we will be patient.’"

It is confirmed that Hamid b. `Abdu’r-Rahman said, "We came to one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, when Yazid b. Mu`awiya was appointed. He said, "You say that Yazid b. Mu`awiya is not the best of the community of Muhammad nor does he have the most fiqh among them nor is he the greatest of them in honour. I say that. However, by Allah, I prefer that the community of Muhammad be united rather than split. Do you think that a door which the community of Muhammad can enter and which is wide enough for them will be unable to cope with a single man if he enters it?" They said, "No." He said, "Do you think that if the community of Muhammad said that no man among them should shed the blood of his brother, nor take any of his property, would that be enough for them?" They said, "Yes." He said, "That is what I say to you." Then he said, "The Messenger of Allah, may Allah bless him and grant him peace, said, ‘Only good will come to you from modesty.’"

All of these sound reports show you that Ibn `Umar submitted in the business of Yazid and that he gave homage to him, gave him a pledge, and held to what the people held to. He entered into what the muslims entered. He forbade himself and those connected to him after that from leaving or breaking that contract. It is clear to you that whoever says that Mu`awiya lied when he said, "Ibn `Umar gave homage" since he did not give homage and that Ibn `Umar and his companions were asked and said, "We did not give homage," has lied. In his riwayats, al-Bukhari supported Mu`awiya’s words on the mimbar, "Ibn `Umar gave homage" since Ibn `Umar himself affirmed that....

359. When Madina rebelled against Yazid.

....as well as affirming his submission to him. He kept that position. Which of the two groups is more likely to be truthful if you know? Is it the group on which al-Bukhari spoke or that on which another spoke? Take the firmest and soundest for yourself, or be quiet about all of it. Allah will undertake your success and your preservation. The Companion to whom Hamid b. `Abdu’r-Rahman alluded was Ibn `Umar. Allah knows best. If it was another, then there are two great men who agree on this statement. It supports what we established for you. The rule of the less excellent is valid even if there is someone who is better than him when he assumes power. To remove it or seek the more excellent man is to allow what is not permitted. That splits unity and divides the community. If it is said that Yazid drank wine, we said, "That is only admissible by two witnesses. Who then testified to that against him?"

360. Mu`awiya, although he had intense love for Yazid because of his cleverness and perfect gifts, preferred that he grow up far from him in the midst of the natural form of the roughness and gallantry of the desert life, so that he would have the qualities suited to the task which awaited those like him. He sent him to the tents of the desert with his uncles of Quda`a so that he would have the position of his mother, Maysun bint Bajdal when she said: I prefer a house in which the winds tremble, to a lofty castle. Yazid passed his youth and the beginning of his manhood in that environment. It was not long after his father went to the mercy of Allah until he established the centre which Allah desired for him. When the atmosphere was free from Ibn az-Zubayr at the death of Mu`awiya, his agents began to spread lies against Yazid in the Hijaz and they ascribed what they were not allowed to ascribe to him. Ibn Kathir quoted in "The Beginning and the End’ (8:233) that `Abdullah b. Muti` (the agent of Ibn az-Zubayr) went with his companions in Madina to Muhammad b. `Ali b. Abi Talib, known as Ibn al-Hanafiyya.

They wanted to depose Yazid and he rejected them. Ibn Muti` said, "Yazid drinks wine and does not pray. He has exceeded the judgment of the Book." He told them, "I have not seen him do what you mentioned, and I have been with him and I have stayed with him. I saw him constant in the prayer and desiring good. He asked about fiqh and kept to the sunna." They said, "That was pretence for you on his part." He said, "What could he fear from me or hope so that he should display humility to me? Would he tell you what you said about him drinking wine? If he let you know, then you must be his partners. If he did not tell you, it is not allowed for you to testify to what you do not know." They said, "He is caught in our opinion, even if we did not see him." He told them, "Allah rejects that in the people of testimony. He said, ‘except those who have testified to the truth with knowledge.’ (43:86). I do not have any of your business."

They said, "Perhaps you dislike for anyone besides yourself to assume power. We will entrust our business to you." He said, "Fighting is not permitted in what you want to do, either by a follower or one who is followed." They said, "You fought with your father." He said, "Bring me the like of that for which my father fought and I will fight for the like of what he fought." They said, "Command your sons, Abu’l-Qasim and al-Qasim to fight with us." He said, "If I would command them, I would fight." They said, "Take a position with us in which you encourage people to fight." He said, "Glory be to Allah. Command people to do what I would not do and that with which I am not content? Then I would not be giving good counsel to His slaves for Allah." They said, "Then we will force you." He said, "Then I would command people to have fearful awareness of Allah, the creatures do not like the wrath of the Creator."

Companions after Mohammad [PBUH]'s Death - 13


-13-

العواصم القواصم

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
==========================================

If it is said: He gave it to Yazid, but he was not worthy,

340. If the gauge of worthiness for that is that he reach the level of Abu Bakr and `Umar in all their qualities, this will never be reached in the history of Islam nor was it done by `Umar b. `Abdu’l-`Aziz. Even if we desire the impossible and suppose that it is possible for another Abu Bakr and another `Umar to appear, we will never have a milieu like the milieu which Allah granted to Abu Bakr and `Umar. If the gauge of worthiness is being upright in behaviour and establishing respect for the Shari`a, acting by its judgments, being just to people, looking after their best interests, jihad against their enemies, expanding the horizons of its call and compassion for their individuals and groups, the reports of Yazid can be closely examined and people know his actual state as he was while alive. That will make it clear that he was not less than many of those whose praises have been sung by history and who have been abundantly praised.

And something took place between him and `Abdullah b. `Umar, ibn az-Zubayr and al-Husayn which the historians have related from Wahb b. Jarir b. Hazim from his father and from others. He said that when Mu`awiya decided that allegiance should be given to his son Yazid, he went on Hajj. He came to Makka with about one thousand men. When they were close to Madina, Ibn `Umar, Ibn az-Zubayr and `Abdu’r-Rahman b. Abi Bakr went out. When Mu`awiya came to Madina, he mounted the mimbar and praised and glorified Allah. Then he mentioned his son Yazid and said, "Who is more entitled to rule than him?"

341. There were many young men of Quraysh who were contemporary with Yazid among those who thought that they could undertake to rule by certain points which they knew that they possessed. Indeed, even Sa`id b. `Uthman b. `Affan and those who were less then Sa`id, wanted to undertake to rule after Mu`awiya. The principle of a council to elect the khalif was much better than the principle of rule by contract. However, Mu`awiya knew that opening the door of consultation to choose someone to succeed him would cause carnage in the Islamic community and that blood would not cease to flow until all the worthy men of Quraysh, capable of taking charge of the affairs of this community, were annihilated. Mu`awiya was too judicious not to have seen the virtues which those young men of Quraysh had. When any of them was distinguished by something over his peers, there was another one among them who was distinguished by something else. However Yazid, although he shared with the others in their accomplishments, was distinguished over them by the greatest thing that the state requires - military force to support him in the khalifate which makes it a force for Islam.

This was shown when Shaytan sowed sedition among those who competed for this throne so that it developed into a situation abhorrent to every muslim. If Yazid had only had his uncles of Quda`a and their allies in the Yemeni tribes, by that he would have possessed what would not have allowed the one with foresight to leave him out of the reckoning when he reflects on these matters. Add to this what Ibn Khaldun stated when he spoke about al-Husayn’s journey to Iraq to attack Yazid when he said in the section, ‘The Rule of Contract’, in the preface of his history, "As for zeal, he erred in it, may Allah have mercy on him, because the partisanship of Mudar was in Quraysh and the partisanship of Quraysh was in Abdu Munaf and the partisanship of `Abdu Manaf was in the Banu Umayya." Quraysh and all people recognised that this was theirs. They did not deny it. That was forgotten at the beginning of Islam when people were distracted by astonishment at the miracles of the revelation. When the business of prophecy and awesome miracles stopped, then judgment returned to normal after a short time. The partisanship became as it had been and went to those who had had it before. Mudar began to obey the Banu Umayya rather than others.

Then Mu`awiya left and went to Makka and finished his tawaf. He went into his house and sent for Ibn `Umar. He said the Shahada and said, "Ibn `Umar, you used to tell me that you would not like to spend a dark night without an Amir over you. I am cautioning you lest you sow dissension among the muslims and lest you try to corrupt what they have." When he was silent, Ibn `Umar spoke and praised and glorified Allah. Then he said, "There were khalifs before you who had sons. Your son is not better than them. They did not want for their sons what you want for your son. They gave the choice to the muslims since the muslims know best. You caution me in case I sow dissension among the muslims when I have not yet done it.

I am a muslim man. When they agree on a business, I am with them." Then Ibn `Umar left. 342. This report contradicts what is in ‘The Book of Raids’ of the ‘Sahih’ of al-Bukhari (book 64, chap. 29, pt. 5, p. 47) from Ibn `Umar that his sister, the Umm al-Mu’minin Hafsa advised him to go quickly and offer his homage. She said, "The truth is that they are waiting for you. I fear that there will be divisions if you hold back from them." Look at p. 166.

He sent to `Abdu’r-Rahman b. Abi Bakr. He said the shahada and then began to speak. He interrupted him and said, "By Allah, you want us to give you authority to give power to your son, for Allah. By Allah, we will not do it. By Allah, you will refer this business to a council of the muslims or the business will be taken back to the beginning for you.

343. i.e. it will bring about civil strife in its worst states against you. He noted that the people who ascribed arrogance against Mu`awiya did not attack the adequacy and worthiness of Yazid because it was the last thing which they doubted in him during the lifetime of Mu`awiya. Those who fabricated these reports and ascribed them to Wahb b. Jarir b. Hazm have lied disgracefully. Then he leapt up. Mu`awiya said, "Oh Allah, restrain him as You like." Then he said, "Oh man, calm yourself! Do not look to the people of Syria. I fear that they will beat me to you until it is reported this evening that you have offered homage. After that, you can do whatever seems best to you in your affair."

Then he sent to Ibn az-Zubayr and said, "Ibn az-Zubayr, you are a wily fox. Whenever it leaves a hole, it goes to another. You have relied on these two men and I have blown up their noses." Ibn az-Zubayr said, "If you have wearied of being Amir, then leave it and bring your son and we will offer him homage. If I give your son homage along with you then which of you two do you think we should listen to and which should we obey? The homage cannot ever be for both of you."

344. Ibn az-Zubayr was too intelligent to miss the fact that the homage to Yazid was after Mu`awiya and that both homages were not effective while Mu`awiya was still alive. Those who fabricated these reports and ascribed them to Wahb b. Jarir have made a disgraceful lie. Then he got up. Mu`awiya went out and ascended the mimbar. He said, "We found that people’s conversations contain faults. They claim that Ibn `Umar, Ibn az-Zubayr and Ibn Abi Bakr did not offer homage to Yazid. They have heard and obeyed and they have offered homage."

The people of Syria said, "No, by Allah, we will not be content until they offer homage before witnesses. If not, we will cut off their heads." He said, "Shame! Glory be to Allah! How quick people are to treat Quraysh badly! I will not hear these words from anyone after today!" Then he descended. People said, "They offered homage." They said, "We did not offer homage." People said, "You offered homage." Wahb related by another means, "Mu`awiya spoke and mentioned Ibn `Umar. He said, ‘By Allah, he will give homage or I will kill him.’ `Abdullah b. Abdullah b. `Umar went to his father and he travelled to Makka in three days and told him about this.

345. This report from Wahb b. Jarir b. Hazim shows that Mu`awiya made his speech while he was in Madina, coming there from Damascus, before he had reached Makka and that Ibn `Umar was in Makka on that day. His son rode to him to meet him in Makka and tell him about this speech. In the report before this, which is also related from Wahb b. Jarir b. Hazim, he clearly states that Ibn `Umar was in Madina when Mu`awiya arrived there from Damascus and that he was among the notable men who went out to meet him. The two reports contradict each other and refute each other, although they are from the same man. I do not know where the author got them. At-Tabari did not relate them even though he was concerned with the reports of Wahb b. Jarir because he was reliable. Wahb died in 206 A.H. and his father died in 180 A.H. after he had become confused. Between these two and these reports are other transmitters, and between the two of them and at-Tabari and other historians there are many transmitters. I believe that these reports are not sound since they contradict each other. If we knew their transmitters up to Wahb and after Wahb, we would know where the lie came from.

Ibn `Umar wept. The news reached `Abdullah b. Safwan. He went to Ibn `Umar and said,
‘Did that man say that?’ He said, "Yes.’ He said, ‘What do you want? Do you want to fight him?’ He said, ‘Ibn Safwan, patience is better than that.’ Ibn Safwan said, ‘By Allah, if he means to do that, I will fight him.’

346. `Abdullah b. Safwan, the grandson of Ummaya b. Khalaf al-Jumahi. He was killed with Ibn az-Zubayr in 73 A.H. Mu`awiya came to Makka and alighted where he would spend the night. `Abdullah b. Safwan went to him and said, ‘Do you claim that you will kill Ibn `Umar if he does not offer allegiance to your son?’ He said, ‘Me kill Ibn `Umar? By Allah, I will not kill him!’" Wahb related by a third path....

347. This report is not in at-Tabari. I think that it was fabricated in the book from which the two previous reports came. ....that he said: When Mu`awiya left Batn Marr on his way to Makka, he said to the master of his guard, "Do not let anyone go with me until I give him a mount." He went out alone until he was in the middle of Al-Arrak, al-Husayn b. `Ali met him. He stopped and said, "Welcome, son of the daughter of the Messenger of Allah, may Allah bless him and grant him peace, and master of the young muslim men. A beast for Abu `Abdullah to ride! " He was brought a mule and shown it. Then `Abdu’r-Rahman b. Abi Bakr came.

348. We know from the first report from Wahb himself that `Abdu’r-Rahman b. Abi Bakr was in Madina. He was one of those who met Mu`awiya when he came there from Damascus. What took him to Makka so that he was among those who met Mu`awiya when he arrived there? Truly those who made lies against Mu`awiya are naive, and do not act well, even in the craft of lying.

He said, "Welcome, son of the shaykh of the Quraysh and its master and the son of the Siddiq of this community. A beast for Abu Muhammad to ride!" He was brought a mule and rode it. Then Ibn `Umar came. He said, "Welcome to the Companion of the Messenger of Allah and the son of the faruq and the master of the muslims." He called for a beast and he rode it. Then Ibn az-Zubayr came. He said, "Welcome to the son of the Companion of the Messenger of Allah and the son of the aunt of the Messenger of Allah, may Allah bless him and grant him peace." He called for a beast for him and he rode it. Then he began to go between them.

He did not let any of them leave until he had entered Makka. He was the first to enter and the last to leave. Every morning they received gifts and honour. He did not mention anything to them about Yazid until he had finished his Hajj rites and loaded his baggage and was bout to leave for Syria and his mounts were ready to go. Then the people turned to each other and said, "People do not be deceitful! By Allah, he has not done this for your love or your honour. He only did what he wanted. Prepare and answer for him." Then they went to al-Husayn and said, "Abu `Abdullah, you!" He said "While the shaykh and master of Quraysh is among you? He is more entitled to speak." They said to `Abdu’r-Rahman b. Abi Bakr, "You, Abu Muhammad," He said, "I am not the one to speak when you have the Companion of the Messenger of Allah, may Allah bless him and grant him peace, and the son of the master of the muslims, among you." (i.e. Ibn `Umar) They said to Ibn `Umar, "You!" He said, "I am not your man, but let Ibn az-Zubayr speak. He will be enough for you." Then they said, "You, Ibn az-Zubayr." He said, "Yes, if you give me your contracts and your pledges that you will not oppose me, then I will deal with this man for you." They said, "You have that." Permission was sought and Mu`awiya gave them permission and they came in.

Mu`awiya spoke and praised and glorified Allah. Then he said, "You know my behaviour with you, my connection to your kin, my indulgence to you and my enduring what you do. Yazid, the son of the Amir al-Mu’minin, is your bother and the son of your uncle and the person with the best opinion for you. I want you to give him the name "Khalif" and for you to be those who depose and appoint and oblige and divide, although none of that is yours." The people were silent. He said, "Won’t you answer me?" The people remained silent. He said, "Won’t you answer me?" They remained silent. He turned to Ibn az-Zubayr and said, "Come. Ibn az-Zubayr, by my life, you speak to the people!" He said, "Yes, Amir al-Mu’minin. I will give you a choice between three qualities. Whichever you take, the choice is yours." He said, "Your father belongs to Allah, present them!" He said, "If you wish, you can do what the Messenger of Allah, may Allah bless him and grant him peace, did. If you wish, you can do what Abu Bakr did. He was the best of the community after the Messenger of Allah. If you like, you can do what `Umar did. He was the best of the community after Abu Bakr." He said, "Your father belongs to Allah, what did they do?" He said, "The Messenger of Allah, may Allah bless him and grant him peace, died and did not appoint anyone. The muslims were content with Abu Bakr. If you like, you can leave the business of this community until Allah decides what He decides in it. The muslims will choose for themselves." He said, "Well, you do not have anyone among you today like Abu Bakr. I do not think that you will be safe from dispute." He said, "Then do as Abu Bakr did.

He delegated a man from the far part of Quraysh who was not one of the children of his father and appointed him." He said, "Your father belongs to Allah! And the third?" He said, "Do what ‘Umar did. He made the business a council with six men of Quraysh. None of them was his relative." He said, "Is there anything else?" They said, "No." He said, "And you?" They said, "We as well." He said, "No, I wanted to meet you. Whoever is warned is excused. If any of you rises against me and rejects me in front of witnesses, I will take him for that. I have a statement. If I am truthful, I have my truthfulness. If I lie, the lie is mine. I swear by Allah, if any of you refutes me, his words will not come back to him before I have his head." Then he called for the Captain of the Guard and said, "Put two of your guards over each of these men. If any man begins to repeat something, true or false, then strike him with your swords.:"

349. The author quoted these disgraceful reports which were falsified in order to expose them. Compare them with the hadith of al-Bukhari regarding the sound position of Ibn `Umar in this event so that people would know that the truth lay in one valley and those lying transmitters lay in another valley. Then he left and they left with him. He went up the mimbar and praised and glorified Allah. Then he said, "These are the party of the masters of the muslims and the best of them. We do not act independently in anything without them nor do we decide any business without consulting them. They are satisfied and have given homage to Yazid, the son of the Amir al-Mu’minin, after him. They gave homage in the Name of Allah. They have shaken his hand."

Then he sat on his camel and departed. The people met them and said, "You claimed and you pretended. Then you were satisfied and presented yourselves and acted." They said, "By Allah, we did not do it." They said, "What kept you from answering the man when he lied then?" Then the people of Madina and the people in general gave homage. Then Mu`awiya went to Syria. Qadi Abu Bakr, may Allah be please with him, said, "We do not lack knowledge nor are we ignorant. We have not been moved by ignorant rashness nor do we have any rash zeal for the right. We do not have nay malice towards any of the Companions of Muhammad, may Allah bless him and grant him peace. We say, ‘Our Lord, forgive us and our brothers who preceded us in belief. Do not put malice in our hearts towards those who believe. Our Lord, you are forgiving, merciful.’ We do not say, ‘Mu`awiya abandoned the best course of action when it had been a council. He should not have singled out any of his kin, let along a son, for it, and he should have followed what `Abdullah b. az-Zubayr indicated by either not acting or acting by what he said.

350. Mu`awiya knew Ibn az-Zubayr better than Ibn az-Zubayr himself. Al-Baladhuri related in ‘The Lineage of the Nobles’ (4:"2":53-54) from al-Mada`ini from Maslama b. `Alqama from Khalid from Abu Qilaba that Mu`awiya said to Ibn az-Zubayr, "Avarice and eagerness will make you enter a narrow entrance. I wish that I could be with you at that time so that I could rescue you." When Ibn az-Zubayr was near death, he said, "This is what Mu`awiya said to me. I wished that he had been alive." He inclined to appoint his son. He then gave him the homage and the people gave him homage and those who did not act did not act.

351. He turned from the best form when he feared seditions and slaughter if he were to make it a council. Homage is effected in the Shari`a because it can be effected by one, or it is said that it can be effected by two people. If it is said, "Only for the one possessing the preconditions of the Imamate", we said, "Age is not one of its preconditions, nor is it confirmed that Yazid lacked them.". If it is said, "Justice and knowledge are among its preconditions, but Yazid was neither just nor was he a man of knowledge," we said, "How do we know that he lacked knowledge or lacked justice"


352. As for justice, Muhammad b. `Ali b. Abi Talib testified in his favour when he was arguing with Ibn Muti` when he rebelled against Yazid in Madina. He said about Yazid, "I did not see him do what you mentioned. I was present with him and I stayed with him. I saw him persevere in the prayer and I saw him eager for good. He asked about fiqh and kept to the sunna (Ibn Kathir 8:233), "As for knowledge, it was not necessary for someone like him in a place like this. He was in a position of approval and beyond approval in it. Al-Mada’ini related that Ibn `Abbas came to Mu`awiya after the death of al-Hasan b. `Ali, Yazid came to Ibn `Abbas and sat with him to console him. When Yazid left him, Ibn `Abbas said, "When the Banu Harb depart, then the `ulama' of the people will depart (Ibn Kathir, 8:228).

Does he lack them by the statement of three excellent men who indicated that he should not do it? They alluded to a fault of judgment. They wanted it to be a council." If it is said that there were men who were worthier than him and men with greater knowledge - there were some hundred men, perhaps even a thousand - then we said, that the subject of the less excellent being Imam is a disputed topic among the `ulama'. The `ulama' have mentioned that topic as we already mentioned it.

Companions after Mohammad [PBUH]'s Death - 12


-12-

العواصم القواصم

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
========================================

Protection

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.

This....

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.