Al Nass Wal Ijtihad

Part 3

prohibited it!” Abdullah bin Umar said: “Do you see that if my father has prohibited it and the messenger of Allah (s) has practiced it, we should follow my father or follow the messenger of Allah (s)?” the man said: “We should follow the messenger of Allah (s).” Abdullah bin Umar said: “The messenger of Allah (s) has practiced it.” There are many other true traditions in the books of Hadith denying this act of Umar (when prohibiting the pleasure of hajj).

In the Farewell Hajj (the last hajj of the Prophet (s)) there was a clear evidence on this matter. Refer to Sahih of Muslim[^1] to see that the Prophet (s) had announced it before more than one hundred Muslims; men and women of the umma, who had come from different countries to offer the hajj with the Prophet (s). When the Prophet (s) announced that, Suraqa bin Malik bin Khath’am got up and asked: “O messenger of Allah, is this pleasure for this year only or forever?” The Prophet (s) interlaced his fingers and said: “Umra has entered into the hajj, umra has entered into the hajj forever, forever.”

Imam Ali (s) came from Yemen (during the season of the hajj) and found that Fatima (s) had put off her ihram and put on colored clothes and darkened her eyes with kohl. He denied that. She said: “My father has ordered me to do that.” Imam Ali (s) went to the Prophet (s) asking him about the matter. The Prophet (s) said: “She is true. She is true…”

22. Temporary marriage

Allah and His messenger have legislated temporary marriage and the Muslims practiced it during the time of the Prophet (s) until he left to the better world and they practiced it after that during the reign of Abu Bakr until he died. When Umar became the caliph, the Muslims still practiced temporary marriage until he forbade it one day when he said from above the minbar: “Two pleasures were practiced at the time of the messenger of Allah but I forbid them and punish for

[^1] vol.1 p.157.

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them; the pleasure of the hajj and temporary marriage.”[^1] Allah has permitted temporary marriage when He said in the holy Qur'an: “Then as to those whom you profit by, give them their dowries as appointed. Qur'an, 4:24” Kinds of marriage in Islam are four. Allah has legislated them in four verses in the sura of an-Nissa’ (women). We have detailed them in our book about temporary marriage.

As for the true traditions about temporary marriage, they are too many and they have been mentioned in all books of Hadith. Muslim mentioned in his Sahih[^2] a tradition narrated by Abu Nadhra saying: “Ibn Abbas often permitted practicing temporary marriage while ibn az-Zubayr forbade it. This was mentioned to Jabir bin Abdullah. He said: “It has occurred before me. We often practiced temporary marriage during the time of the messenger of Allah but when Umar became the caliph,[^3] he said: “Allah has permitted to His messenger as He liked by His will.[^4] Complete the hajj and the minor hajj and avoid temporary marriage. Whoever practices temporary marriage I will stone him.”[^5]

We have studied this subject deeply and carefully and then we indicated the truth in our books; al-Fusool al-Muhimma (the important chapters), Masa’il Fiqhiyya (juristic questions), The Answers of Musa Jarallah and what has been published in al-Irfan

[^1] Ar-Razi protested, in his book at-Tafseer al-Kabeer when talking about the verse (Then as to those whom you profit by, give them their dowries as appointed( against prohibiting temporary marriage by Umar.

[^2] Vol.1 p.467.

[^3] This saying shows clearly that prohibiting temporary marriage has not been determined before Umar.

[^4] Would that someone knows if this word could justify a way to prohibit temporary marriage! Had Umar thought that this matter concerned the Prophet (s) especially or concerned his time only? Certainly not! Lawful things of Muhammad are lawful until the Day of Resurrection and his unlawful things are unlawful until the Day of Resurrection.

[^5] Stoning is one of the punishments of the Heaven which cannot be legislated except by a prophet. One, who believes in the permissibility of temporary marriage, has concluded its decree from the Book and the Sunna. If he is right in his conclusion, he cannot be blamed and if he is mistaken unintendedly, he is considered to be in obscurity and so he cannot be punished.

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Magazine, vol.36 part ten in which we have covered all the sides of the subject. We have explained that into eight chapters:

The essence of temporary marriage with its requirements and legal limits.
The consensus of the umma on its legality in Islam.
The evidences of the Qur'an on its legality.
Its legality according to the Sunna.
The pretense of those who say that it has been abrogated and their evidence.
Traditions showing that the caliph Umar has abrogated it.
The companions and their successors who have denied that from the caliph.[^1]
The opinion of the Shia and their evidences on the subject. We have just intended to show the truth in our study on this subject. Our evidences have been derived from the Book, the Sunna and the

[^1] Among them was Abdul Melik bin Abdul Aziz bin Jurayj Abu Khalid al-Mekki who was one of the famous scholars among the companions’ successors. Ibn Khillikan mentioned his biography in his book wafiyyat al-A’yan, ibn Sa’d in his Tabaqat, vol.5 p.361 , ibn al-Qaysarani in his book al-Jam’ Bayna Rijal as-Sahihayn, p.314 and ath-Thahabi in his Mizan and he said about him: “He is one of the reliable scholars, who has been trusted by the all. He has got married to ninety women in temporary marriage. He thought that temporary marriage was permissible. He was the jurisprudent of Mecca at his time.”

Al-Ma’moon also during his reign has denied prohibiting temporary marriage (by Umar) and ordered his officials to announce its permissibility-as mentioned by ibn Khillikan in his book Wafiyyat al-A’yan when talking about the biography of Yahya bin Aktham. Muhammad bin Mansoor and Abul Ayna’ once came to al-Ma’moon. They found him brushing his teeth and saying angrily (repeating the saying of Umar) : “Two pleasures were practiced at the time of the messenger of Allah and at the time of Abu Bakr but I (Umar) prohibit them! Who are you (this is the complement of al-Ma’moon) O you scarab, so that you prohibit what the messenger of Allah and Abu Bakr have practiced?” Muhammad bin Mansoor wanted to talk with al-Ma’moon but Abul Ayna’ made a sign to him and said: “A man saying so about Umar bin al-Khattab, how can we talk to him?!” they did not talk to him. Then Yahya bin Aktham came to him and warned him that sedition might take place (if he permitted temporary marriage)…”

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consensus of the umma. Let the fair researchers ponder on what we have written about this subject and then they are free to judge whether it is permissible or not.

23. Changing the azan[^1]

We have researched on the traditions concerning the azan during the time of the Prophet (s) and we have not found this statement “prayer is better than sleeping” as a part of the azan. In fact this statement was not in the azan even at the time of Abu Bakr. Umar had ordered this statement to be added to the azan after passing of some period of his caliphate when he liked that and admired it to be in the azan of Fajr (dawn) prayer. He determined that and ordered people to announce it when calling the azan. Many true traditions about this matter have been narrated from the infallible imams (s).

The books of Hadith of other than the infallible imams (s) have had many such traditions. Malik mentioned in his Muwatta’: “Once the caller of azan came to Umar bin al-Khattab to announce the time of Fajr prayer and he found Umar sleeping. He said to him: “Prayer is better than sleeping.” Umar admired that and ordered him to add it to the azan of Fajr.”

Az-Zarqani said in his book Sharh al-Muwatta’[^2] when commenting on this word: “Ad-Darqutni mentioned this tradition in his Sunan from Waqee’ from al-Umari from Nafi’ from ibn Umar that Umar had said to his caller (of azan): “When you reach “Come to success!”[^3] in the azan of Fajr prayer, say: Prayer is better than sleeping! Prayer is better than sleeping!” It was also narrated by Sufyan from Muhammad bin Ajlan from Nafi’ from ibn Umar from Umar.”

This tradition has also been mentioned by ibn Shayba from Hisham bin Urwa and has been mentioned by some other Sunni scholars. There was no any value for the (false) tradition narrated by Muhammad bin Khalid bin Abdullah al-Wasiti from his father from Abdurrahman bin Isshaq from az-Zuhri from Salim that his father

[^1] Azan is the call for the prayers (in their times). [^2] Vol.1 p.25. [^3] Hayya alal falah.

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had said: “Once the Prophet (s) consulted the Muslims about what should attract their attentions to the times of the prayers. Some of them suggested using a trumpet but the Prophet (s) disliked it because it was used by the Jews. Some others suggested using a bell but the Prophet (s) disliked it too because it was used by the Christians. At that night a man from the Ansar called Abdullah bin Zayd and Umar bin al-Khattab were inspired with the call (azan) in their dreams. In the same night Abdullah bin Zayd al-Ansari came to the Prophet (s) and told him of what he had seen in dream. The Prophet (s) ordered Bilal to announce it as the azan. Then Bilal added to it “prayer is better than sleeping” and the Prophet (s) approved it.” Ibn Maja mentioned this tradition in his Sunan.

This tradition is null because it has been narrated by Muhammad bin Khalid bin Abdullah al-Wasiti, about whom Yahya has said: “He is an immoral man.” Once again he has said about him: “He is nothing (unreliable)!”

Ibn Adiy said about him: “Ahmad and Yahya denied his traditions especially when he narrated from his father. He had many other denied traditions.” Abu Zar’a said about him: “He is weak (untrusted).” Yahya bin Mo’een said: “Muhammad bin Khalid bin Abdullah is a liar. When you meet him, slap him!”

Ath-Thahabi talked about him in his Mizan and mentioned the criticism and defects ascribed to him by the scholars.

Like this tradition was the tradition narrated by Abu Mahthoora when he had said: “I said: “O messenger of Allah, would you please teach me the azan?” The Prophet (s) rubbed over my head and said to me: “You say “Allah is great, Allah is great” loudly and then you say in a low voice “I witness that there is no god but Allah , I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, I witness that Muhammad is the messenger of Allah” then you say loudly “I witness that there is no god but Allah, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to prayer, come to success, come to success” if is Fajr prayer you say then “prayer is better than sleeping, prayer is better than sleeping, Allah is great, Allah is great, there is

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no god but Allah, there is no god but Allah”.

Abu Dawood mentioned this tradition from Abu Mahthoora in two ways; one from Muhammad bin Abdullah bin Abu Mahthoora from his father from his grandfather, the other from Othman bin as-Sa’ib from his father, who was unknown as ath-Thahabi had said in his Mizan. Muslim has mentioned this tradition of Abu Mahthoora in his Sahih but it has not had this statement “prayer is better than sleeping”. Soon you will see the tradition mentioned by Abu Dawood and others that has been narrated by Muhammad bin Abdullah bin Zayd about the azan that Bilal has announced after it has been dictated to him by Abdullah bin Zayd. It has not had “prayer is better than sleeping” although it was the azan of Fajr prayer.

As for Abu Mahthoora, he was one of the freed captives of Mecca[^1] and he was one of those, whom the Prophet (s) gifted in order to reconcile them to Islam. When the Prophet (s) went back from Hunayn victoriously, he was the most hated one to Abu Mahthoora and his orders and principles were the most hated things to him too. Abu Mahthoora often mocked at the Prophet’s caller (who announced azan) but the pouch of silver coins, which the Prophet (s) had given, the booties of Hunayn, which the Prophet (s) had spread among the freed captives, who were his enemies and who had fought him for a long time, his great morals towards whoever had announced shahada from among the hypocrites besides his severity towards the unbelievers and that the Arabs began to become Muslims group by group, all that forced Abu Mahthoora and his likes to announce shahada by their tongues whereas their hearts were still occupied by the idols. He did not emigrate until he died in Mecca.[^2] Allah is more aware of his inners!

The Prophet (s) had said a word about three men; Abu Mahthoora, Abu Hurayra and Samra bin Jundub. He warned them by saying:

[^1] When the Muslims conquered Mecca, the Prophet (s) forgave the polytheists and set them free. [^2] Refer to al-Issaba, Abu Mahthoora’s biography.

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“The last to die of you, will be in Hell.”[^1] This was a wise manner of the Prophet (s) to keep the hypocrites away from running the affairs of the Muslims. As the Prophet (s) was aware of the inners of these three men, so he wanted his umma to doubt the three of them and then to avoid them all. He wanted his umma not to entrust any of them with any affair of Islam and the Muslims. He said that he, who would die after his two friends, would be in hell but he had generalized his saying without giving any specification about certain one of them that any of the three men could be the one who would be in Hell. Days and nights passed and the word of the Prophet (s) remained as it was. The Prophet (s) left to the better world but without specifying his word; therefore the men of understanding were obliged to keep all the three men away from any affair of social rights in Islam that was to be entrusted to the reliable and trustworthy people of the umma. If these three men were not same in being avoided, the Prophet (s) definitely would specify one of them in order not to wrong the others.

If you say: the Prophet (s) might have defined one of them with something but that certain thing had been ignored because of the long time that had passed.

We say: if there was some definition that had specified one of them, then the three of them would have not feared that warning in the same way.[^2] There was no difference in this matter between not assigning one of them or that assignment had become unknown because the result would be the same for us. We would regard the three in the same way.

If you say: the one, who had been said to be in Hell, could not be known before the death of the first and the second ones and then the remaining one after the two would be the one whom the Prophet (s) had meant by his saying and so the saying of the Prophet (s) would not be general or ambiguous.

[^1] Refer to Samra’s biography in al-Istee’ab, al-Isaba and other books. [^2] As it is well-known by whoever studies their affairs after this threat.

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We say: first it is impossible for the prophets (s) to hide the truth or to delay it until its necessary time may pass. In this matter the required time was connected with the threat and the Prophet (s) would have indicated it if any one of the three had had any respect because men, since they became Muslims, would be tried by the civil rights like imamate in offering prayers, witnesses in legal trials, issuing fatwas, judging and the likes, which required fairness, truthfulness and piety. If these three men deserved not to be kept away from all that civil rights and positions, the Prophet (s) would not delay declaring the truth concerning them. Far be it from the Prophet (s) to prevent any one from getting his right and far be it from him to disgrace someone innocent and to keep him on that disgrace, which he does not deserve, until he dies (before his two friends)! And second: by Allah, we have tried our best as possible as we could in researching and studying the fixed facts but we could not know which one of these three men had died before the others. The sayings about the dates of their deaths were either contradicted[^1] or alike and common. Hence we could not depend on any of them.

Third: the high morals of the Prophet (s), whom Allah has said about: (Certainly a Messenger has come to you from among yourselves; grievous to him is your falling into distress, excessively solicitous respecting you; to the believers (he is) compassionate) would not let him face an innocent one, whom he respected, with such a severe word. The Prophet (s), who had exalted personality and manners, would never surprise an innocent one with something bad that he did not deserve. If there was a good one among these three men, the Prophet (s) would not include him in this bad surprise; but it had been revealed to him by Allah to warn the umma against these men and their likes. (Nor does he speak out of desire. It is naught but revelation that is revealed).

[^1] Some historians said that Samra had died in the year fifty-eight of hijra and Abu Hurayra in fifty-nine whereas other historians said that Abu Hurayra had died in fifty-seven of hijra and so on for the three of them. As for the alike dates, some historians said that the three of them had died in fifty-nine of hijra without referring to the time, the day or the month in which they had died.

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He, who knew the opinion of our Sunni brothers of the four sects about the start of the azan and iqama[^1] and about legislating them, would not be astonished to find them submitting to adding to them or omitting from them. They thought that azan and iqama had not been legislated by Allah via revealing them to the Prophet (s). They did not think that the Prophet (s) had announced them as divine rites determined by Allah but they were just a result of dreams seen by some companions as they had narrated in their traditions which they considered as true and recurrent. Here are some of these traditions which they consider as the truest ones of them.

Abu Umayr bin Anass narrated from some of his uncles of the Ansar that: “The Prophet (s) thought about prayers; how to make people gather to offer them at their prescribed times. It was said to him: “Raise a banner and when people see it, some of them will announce that it is time to offer prayer.” He did not approve this idea. Some people mentioned to him the trumpet but he disliked it and said it was used by the Jews. Others suggested using a bell. He said that it was used by the Christians. At the first he disliked it but then he ordered to make a bell of wood.

Abdullah bin Zayd, when he saw the Prophet (s) concerned in the matter, began to think much about it. He was inspired in his sleep with a vision showing him how to do the azan. He went to the Prophet (s) and said to him: “O messenger of Allah, while I was in light sleep, someone came to me and taught me the azan.” Umar bin al-Khattab had seen that vision in his sleep but he kept it secret for twenty days and then he informed the Prophet (s) of it. The Prophet (s) said to him: “What prevented you from telling me that?” Umar said: “Abdullah bin Zayd preceded me in telling you and then I felt shy.” The Prophet (s) said: “O Bilal, get up and do as Abdullah bin Zayd will instruct you!” Then Bilal announced the azan…”[^2] Muhammad bin Abdullah bin Zayd al-Ansari said that his father

[^1] A prerequisite call to the prayer. [^2] It has been mentioned by Abu Dawood in his Sunan, vol.1 chap. Start of Azan and it has been mentioned in many other books of Hadith. The Sunni scholars have considered it as a true tradition.

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Abdullah bin Zayd had said: “When the messenger of Allah (s) had ordered a bell to be made in order to make people gather to offer the prayers, I saw in sleep that someone carrying a bell in his hand came to me. I asked him: “Do you sell this bell?” He said: “What will you do with it?” I said: “We will call for prayers by it.” He said: “Shall I guide you to what is better than this?” I said: “Yes, please!” He said: “You say: Allah is great, Allah is great, Allah is great, Allah is great, I witness that there is no god but Allah, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to prayer, come to success, come to success, Allah is great, Allah is great, there is no god but Allah.”[^1] After a moment he said to me: “When you stand up to begin the prayer, you say: Allah is great, Allah is great, I witness that there is no god but Allah, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to success, the time for prayer has come, the time for prayer has come, Allah is great, Allah is great, there is no god but Allah.”

In the morning I went to the Prophet (s) and told him of what I have seen in my sleep. He said: “It is a true vision inshallah. Go with Bilal and instruct him what you have seen in your sleep. Let him announce it because his voice is more dulcet than yours.” I went with Bilal and began teaching him the azan and then he announced it. Umar, from inside his house, heard the azan. He came dragging his garment and saying: “O messenger of Allah, I swear by Him, Who has sent you with the truth, that I have seen like what he has seen…”[^2]

Malik abbreviated the tradition in his Muwatta’. He mentioned that Yahya bin Sa’eed had said: “The Prophet (s) wanted to use two pieces

[^1] This azan-as the narrators, who had narrated this tradition from Abdullah bin Zayd, claimed-was the first azan in Islam. As you see, it does not have “prayer is better than sleeping” although it was for Fajr prayer. Then wherefrom has it come to be a part of the azan, O you Muslims?!

[^2] Mentioned by Abu Dawood as-Sajistani in his Sunan, at-Tarmithi in his Sahih, ibn Hayyan in his Sunan, ibn Khuzayma in his Sunan, ibn Maja in his Sunan and other scholars of Hadith.

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of wood[^1] in order to gather the people to offer the prayers after beating them with each other. At that time Abdullah bin Zayd al-Ansari had seen in his sleep two pieces of wood. He said (in his sleep): “These two pieces of wood are like the ones that the messenger of Allah wants to gather people for prayers with.” It was said to him: “Do you not announce azan for prayer?” He was taught the azan in his sleep. In the morning he came to the Prophet (s) and told him of that. Then the Prophet (s) ordered the azan to be announced.”[^2]

Ibn Abdul Birr said: “Some of the companions had narrated the story of Abdullah bin Zayd about the start of azan in different wordings but near meanings. The resources of these traditions are recurrent and accepted…”[^3]

In commenting on these traditions I say:

First: the Prophet (s) would not have to consult the people in legislating the divine verdicts of the Sharia. He had just followed the divine orders that Allah had revealed to him “Nor does he speak out of desire. It is naught but revelation that is revealed. The Lord of Mighty Power has taught him. Qur'an, 53:3-5” All the prophets have not consulted their peoples about the divine verdicts “Nay! they are honored servants. They do not precede Him in speech and (only) according to His commandment do they act. Qur'an, 21:26-27” Allah has said to his messenger and the last of His prophets, Muhammad (s): “Say: I only follow what is revealed to me from my Lord; these are clear proofs from your Lord and a guidance and a mercy for a people who believe. Qur'an, 7:203” and “Say: It does not beseem me that I should change it of myself; I follow naught but what is revealed to me; surely I fear, if I disobey my Lord, the punishment of a mighty day. Qur'an, 10:15” and “Say: I am not the first of the messengers, and I do not know what will be done with me or with you: I do not follow

[^1] Az-Zarqani said in his book Sharh al-Muwatta’ when commenting on this tradition: “It is the bell; a long piece of wood that is beaten with a smaller one to produce sound.” Az-Zarqani here has a noticeable comment on the tradition of Abdullah bin Zayd. I ask the researchers to refer to Sharh al-Muwatta’, vol.1 p.120-125.

[^2] For details, refer to Sharh al-Muwatta’ by az-Zarqani.

[^3] Sharh al-Muwatta’ by az-Zarqani.

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anything but that which is revealed to me, and I am nothing but a plain warner. Qur'an, 46:9” Allah has warned His messenger of hastiness even with a movement of the tongue. He has said: “Do not move your tongue with it to make haste with it. Surely on Us (devolves) the collecting of it and the reciting of it. Therefore when We have recited it, follow its recitation. Again on Us (devolves) the explaining of it. Qur'an, 75:16-19” Allah has praised the saying of His messenger by saying: “Most surely, it is the Word brought by an honored Messenger. And it is not the word of a poet; little is it that you believe. Nor the word of a soothsayer; little is it that you mind. It is a revelation from the Lord of the worlds. Qur'an, 69:40-43” and “Most surely it is the Word of an honored messenger. The processor of strength; having an honorable place with the Lord of the Dominion. One (to be) obeyed, and faithful in trust. And your companion is not gone mad. Qur'an, 81:19-22”

Second: reason regards the consultation mentioned in these traditions as null. Consultation with people has no any role in legislation the divine laws; therefore it was impossible for the Prophet (s) to consult his companions about the principles of the Sharia. Would Allah need the opinions of His servants to determine the laws of His Sharia? “And if he had fabricated against Us some of the sayings. We would certainly have seized him by the right hand. Then We would certainly have cut off his aorta. And not one of you could have withheld Us from him. Qur'an, 69:44-47”

Yes, the Prophet (s) consulted his companions about the affairs of this worldly life such as meeting the enemy, stratagems of war and the likes. He followed in that the saying of Allah: “and take counsel with them in the affair; so when you have decided, then place your trust in Allah. Qur'an, 3:159” In this concern the Prophet (s), in order to reconcile his companions, could consult them although the revelation sufficed him away from his companions’ opinions; but as for the laws of religion it was not possible for him save to follow the revelation.

Third: these traditions showed that the Prophet (s) was confused and this could not be possible for the infallible prophet, who was so close to Allah and whom Allah had loved and preferred to all of the

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creatures of the worlds. These traditions showed the Prophet (s) in a confused state until he became in need of people’s consultation; once he disliked using a bell and then he ordered the bell to be used and then he gave up the bell and submitted to the vision of Abdullah bin Zayd! This was impossible for Allah and His messenger, who was the master and the last of the prophets and who was the trustee of the mission and revelation of Allah.

In fact the visions of other than the prophets could not be relied on according to the consensus of the umma. Fourth: these traditions contradict each other and this leads to brush them aside especially the two traditions we have just mentioned above; the one narrated by Abu Umayr bin Anass from some of his uncles of the Ansar and the one narrated by Muhammad bin Abdullah bin Zayd from his father. Would that you ponder on them to see the contradiction between them especially what concerns the vision of Umar!

These two traditions limit the vision to ibn Zayd and Umar whereas the tradition of the vision mentioned by at-Tabarani in his book at-Tafseer al-Awsat shows that the vision (of the azan) has been seen by Abu Bakr too. There are other traditions showing that this vision has been seen by fourteen men of the companions as in Sharh at-Tanbeeh by al-Jubayli. It has also been mentioned that those, who had seen the vision at that night, were seventeen men of the Ansar besides Umar who was the only one of the Muhajireen. Another tradition said that Bilal had seen the vision of the azan too. There are many other contradictions about the subject. Al-Halabi mentioned some of them which were so astonishing and he tried to bring these contradictions close together but he failed.[^1]

Fifth: al-Bukhari and Muslim had ignored this version at all. They had not mentioned it in their Sahihs neither from ibn Zayd nor from Umar bin al-Khattab nor from any other because it had not been proved to be true. They mentioned in their Sahihs that Umar had said: “The Muslims, when they had come to Medina, gathered together and assigned the time of prayer without calling. One day

[^1] In his Seera, vol.2 chap. Azan.

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they discussed this matter. Some of them said: “Let us use a bell like the Christians!” Others said: “Let us use a trumpet like the Jews!” Then Umar said: “Why do you not send someone to call out the time of prayers?” The Prophet (s) said: “O Bilal, get up and call out for the prayer!” Then Bilal called out.”

This is all what has been mentioned in the Sahihs of al-Bukhari and Muslim about legislating the azan. They have ignored anything concerning the start of azan other than this. This tradition contradicts all the previous traditions mentioned about the vision of azan. This tradition shows that the azan has started according to Umar’s suggestion and not according to his vision or the vision of Abdullah bin Zayd or anyone else.

Also this tradition shows clearly that the Prophet (s) has ordered Bilal to call out the azan during the meeting of consultation, in which Umar was present, whereas those traditions of the vision shows that the Prophet (s) has ordered Bilal to call out the azan at the dawn when ibn Zayd has told the Prophet (s) about his vision that it was one night after the consultation at least where Umar was not there but he has heard the azan while he was in his house and then he came dragging his garment and saying: “I swear by Him, Who has sent you with the truth, that I have seen in my sleep as he has seen.”

I adjure you by Allah, could you bring this tradition close to those ones? Certainly not! I swear by Allah and the truth! Al-Hakim has ignored the traditions of the vision of azan and iqama. He has never mentioned any of them in his Mustadrak as the two sheikhs; al-Bukhari and Muslim have done. This shows that these traditions are untrue.

Al-Hakim took on himself to follow all the true traditions that al-Bukhari and Muslim had not mentioned in their Sahihs and since he himself had not mentioned the traditions talking about the vision of azan in his Mustadrak, so it has become clear that these traditions were not true. Al-Hakim had said a word showing that these traditions of the vision were null and they were just fabricated lies. He said: “The two sheikhs (al-Bukhari and Muslim) ignored the tradition of Abdullah

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bin Zayd about the vision and azan because Abdullah had died before this event (of the azan)…”[^1]

What confirmed this fact was that the azan, according to the Sunni, had started after the battle of Uhud. Abu Na’eem mentioned in his book Hilyatul Awliya’ when talking about the biography of Umar bin Abdul Aziz that Abdullah al-Umayri had said: “Once the daughter of Abdullah bin Zayd bin Tha’laba came to Umar bin Abdul Aziz and said to him: “I am the daughter of Abdullah bin Zayd. My father participated in the battle of Badr and he was martyred in the battle of Uhud.” Umar said to her: “Ask for whatever you like!” He gifted her (what she asked him for).” If Abdullah bin Zayd had seen the vision of azan as they pretended, his daughter would have mentioned that to Umar bin Abdul Aziz as she had mentioned his fighting in Badr and his martyrdom in Uhud.

Sixth: Allah has ordered the believers not to preceded Allah and His messenger and not to raise their voices above the voice of the Prophet (s), lest their deeds would be vain. Allah has said: “O Ye who believe! Put not yourselves forward before Allah and His Messenger; but fear Allah: for Allah is He Who hears and knows all things. O you who believe! do not raise your voices above the voice of the Prophet, and do not speak loud to him as you speak loud to one another, lest your deeds became null while you do not perceive. Qur'an, 49:1-2”

The reason behind the revelation of these verses was that some people of bani Tameem had come to the Prophet (s) asking him to appoint a man from them as a chief over them. Abu Bakr said:[^2] “O messenger of Allah, appoint al-Qa’qa’ bin Ma’bad as chief over them!” Umar bin al-Khattab said immediately: “O messenger of Allah, appoint al-Aqra’ bin Habis from bani Mujashi’.” Abu Bakr said to Umar: “You just want to oppose me!” They disputed before the Prophet (s) and their voices became too loud. Then Allah revealed these verses to the Prophet (s) because Abu Bakr and Umar had preceded the Prophet (s) and hastened in giving their opinions

[^1] Al-Mustadrak, vol.4 p.348. [^2] Sahih of al-Bukhari, vol.3 p.127.

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besides their disputing and clamoring before the Prophet (s). Allah has addressed all the believers with these verses to be as a rule for them how to behave before the Prophet (s). These verses have forbidden every faithful man and faithful woman from being opinionated before the Prophet (s) and from preceding him in everything. The saying of Allah: (O Ye who believe! Put not yourselves forward before Allah and His Messenger) means that no Muslim has the right to give his opinion on a matter before Allah and His messenger would determine. As if those men, who preceded the Prophet (s) in giving their opinions, deemed themselves to be of high ranks that they had the right to decide on the public affairs; therefore Allah had warned the believers of their mistake and showed them their obligation that they would have not to exceed.

The saying of Allah: (O you who believe! do not raise your voices above the voice of the Prophet) refuted the concept of that those people had a right to decide on the affairs of the Muslims or they had a special position near Allah and His messenger for that whoever raised his voice above the voices of the others thought that he had a special rank or authority over the others and this could not be possible or accepted from anyone in the Prophet’s presence.

He, who ponders on the sayings of Allah: (fear Allah: for Allah is He Who hears and knows all things) and (lest your deeds became null while you do not perceive), will find the truth as it is.

And he, who knows that Allah has not approved what Abu Bakr and Umar have done when opinionating before Allah and His messenger, will be certain that Allah does not permit people to consult on legislating the laws of His Sharia. Would that our people know!

Seventh: azan and iqama are parts of the very daily obligations and He, Who has legislated them, is the same Who has legislated the daily obligations. They are the greatest divine rites, with which the Islamic umma has been distinguished from all the other nations and religions. They (azan and iqama) are examples of high eloquence, magnificent meanings and exalted aims. They announce the truth too openly; Allah is great, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah-with praising him and praying Allah to bless him, come to prayer, come to success,

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come to the best of deeds. He, who calls out these facts, does not fear save Allah and does not submit to any tyrant. This is an alive mission as one of the scholars has said about it. As if you see that all the life listens and assents to it and as if man begins prayer since the first moment when he hears the first words of the azan and iqama. Man contacts with the world of the unseen since he listens to azan and iqama.

It is a mission, in which the earth and the heaven meet together and the submission of man mixes with the greatness of the Creator. The eternal truth comes to man’s mind at every time of prayers, as if it is a new tiding! Allah is great, Allah is great, there is no god but Allah, there is no god but Allah…it is the call of azan, with which the Muslims get ready to offer the prayers. It is the alive call which utters the eternal fact; the fact that is too simple but too wonderful because it is the richest fact that is in no need of being repeated throughout the ages and at the same time it is the fact that is in need much more of being repeated among the businesses of this worldly life and the signs of mortality.

A Muslim becomes in a state of praying since he hears the azan inviting him towards the prayer. Through the azan a Muslim remembers the greatness of Allah and this is the essence of the essence of the prayers.

The calmness of the night opens up with it (azan) as if it is one of the live phenomenon of nature to which hearings and souls assent, birds and trees listen, water and air hasten and all the world rises to respond since the first call of the caller…[^1] In short, azan and iqama are things that the human beings could never contrive even if all of them would gather together. To Allah we resort and Him we ask not to make us among those who distort the bright facts especially those of the laws of Allah, His Sharia and His signs. Eighth: the Sunni’s traditions about the start of azan and iqama

[^1] Da’iy as-Sama’ (the caller of Heaven) by Professor al-Aqqad, p.136-142.

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contradict the true traditions narrated from the infallible imams of Ahlul Bayt (s). And definitely any tradition that contradicts the true traditions of Ahlul Bayt (s) has no any value near us. In the book Wassa’il ash-Shia ila Ahkam ash-Sharia it is mentioned that Imam Abu Abdullah Ja’far as-Sadiq (s) has said: “When Gabriel has brought the azan to the Prophet (s), he (Gabriel) uttered the azan and the iqama and then the Prophet (s) ordered Ali to send for Bilal. When Bilal came, the Prophet (s) taught him the azan and ordered him to announce it (at the times of the prayers).” This has been mentioned by Muhammad bin Ya’qoob al-Kulayni, as-Sadooq Muhammad bin Ali bin Babwayh al-Qummi and the sheikh of the Shia Muhammad bin al-Hasan at-Toossi. It suffices us that the truthfulness and piety of these scholars could never be doubted.

Sheikh Shahid Muhammad bin Mekki has mentioned in his book ath-Thikra (the memory) that Imam as-Sadiq (s) has dispraised some people, who pretended that the Prophet (s) had taken the azan from Abdullah bin Zayd al-Ansari. Imam Sadiq (s) said: “Gabriel has revealed it (azan) to your prophet and you pretend that the Prophet (s) has taken it from Abdullah bin Zayd!”

Al-Halabi in his Seera mentioned that Abul Ala’ had said: “Once I said to Muhammad bin al-Hanafiyya (Imam Ali’s son): “We narrate that the azan has started according to a vision that a man from the Ansar has seen in his sleep.” He became too angry and said: “You have come to a basic principle of Islam and a sign of your religion and pretended that it has been issued according to a vision that a man of the Ansar had seen in his sleep; a vision that it could be true and could be false or it could be a bad dream!” I said to him: “But this tradition is spread among people.” He said: “By Allah, it is the very untruth…”

Sufyan bin al-Layl said: “Once I visited al-Hasan bin Ali (s) in Medina. The people, in his meeting, discussed the matter of azan before him. Some of them said that the azan had started after a vision seen by Abdullah bin Zayd. Al-Hasan bin Ali (s) said: “The matter of azan is greater than that. Gabriel has called out the azan and iqama in the Heaven and then he has revealed them to the

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messenger of Allah…”[^1] Haroon bin Sa’d narrated from Shahid Zayd bin Imam Ali bin al-Husayn (s) from his fathers that Imam Ali (s) had said: “The messenger of Allah has been taught the azan in the night of his ascension to Heaven when prayer has been determined as an obligation.”[^2]