Al Nass Wal Ijtihad

Part 4

33. Uncle’s inheritance from his sister’s son

Sa’eed bin Mansoor mentioned in his Sunan: “Once a man recognized his sister, who had been taken captive in the pre-Islamic period. He found her with a son but he had not known who the father of the son was. He bought them both and set them free (for they were as slaves). The son (when he grew up) gained some wealth and then he died. The uncle came to ibn Mass’ood and told him the matter. Ibn Mass’ood asked him to go to Umar and then to come back to tell him what Umar would say. He went to Umar and told him his matter. Umar said to him: “He (the nephew) is not your relative and he is not included in the verdicts of inheritance.” Umar refused to let the man inherit his nephew.

The uncle went back to ibn Mass’ood and told him what Umar had said. Ibn Mass’ood came with the man to Umar and said to him: “How did you give this fatwa to this man?” Umar said: “I have not found him as one of his blood relations nor has he been among those who have deserved inheritance; therefore I have not permitted him to inherit that young man. What do you think, O Abu Abdullah?” Ibn Mass’ood said: “I see him as a kin (for being his uncle) and a benefactor (for he has set his nephew free from being as a slave) and so I see that he has the right to inherit his nephew.” And then Umar annulled his first judgment and permitted the man to inherit his nephew.”

This event has been mentioned by al-Muttaqi al-Hindi in his Kanzol Ummal, vol. 6 p.8. This fatwa would have been true if the mother had died before her son.

34. Iddah of a pregnant woman

Al-Bayhaqi mentioned in his book Shu’ab al-Eeman that once a pregnant woman had asked Umar for a legal judgment saying to him: “I have given birth to my child after the death of my husband and before the end of my iddah.” He asked her to wait until the end of the longest one of the two terms of iddah.[^1] Ubayy bin Ka’b objected to Umar at the presence of the woman and said to him that her iddah had ended since she had given birth to her child and he permitted her to get married before the end of the four months and ten days (of

[^1] Four months and ten days.

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the iddah). Umar said nothing to the woman save this statement: “I am hearing what you are hearing”[^1] and he gave up his fatwa. After that Umar agreed with Ubayy bin Ka’b and said: “If she had given birth to her child and her husband was still not buried yet, she could get married.”[^2] The followers of the four Sunni sects have followed this principle until nowadays.

But we, the Shia, have found in the holy Qur'an two verses opposing each other concerning the iddah of a woman whose husband dies while she is pregnant; in the first verse Allah has said: “and (as for) the pregnant women, their prescribed time is that they lay down their burden. Qur'an, 65:4” and in the second one He has said: “And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days.

Qur'an, 65:4” A pregnant woman, whose husband dies, can get married after giving birth to her child if she follows the first verse even if she has not passed the period of iddah mentioned in the second verse but if she follows the second verse, she can get married only after passing the period mentioned in the verse even if she has not given birth to her child yet. In both suppositions she will objects to one of the verses and she cannot follow both of the verses at the same time unless she will wait until passing the longer of the two periods (either to pass four months and ten days or until giving birth to her baby) and then she has no way except to do that. This is what has been narrated from Imam Ali (s) and ibn Abbas.[^3] The Shia have followed their imams in acting according to this opinion.

Note

The Muslims have disagreed on the beginning of the iddah of death,[^4] which is four months and ten days. The Sunni believe that the iddah of death begins since the husband dies whether the wife knows of her husband’s death or she does not know because of his being far away

[^1] Kanzol Ummal, vol. 5 p.166. [^2] Sunan of al-Bayhaqi, Sunan of ibn Abu Shayba and Kanzol Ummal, vol. 5 p.166. [^3] Mentioned by az-Zamakhshari in his Kashshaf when interpreting this verse (and (as for) the pregnant women, their prescribed time is that they lay down their burden). This is the opinion of Ahlul Bayt (s) and it is the most cautious opinion. [^4] When a wife’s husband dies.

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from her or because of any other reason. As for the Shia, they believe that the iddah of death begins when a wife knows of her husband’s death even if the death has taken place some time ago. She has no right to get married until she passes the iddah, which is four months and ten days, since the moment she knows of her husband’s death. And then she can get married according to the clear verse after passing the iddah and after the mourning that a wife has to show after the death of her husband.

35. Marrying a missing husband’s wife

Ad-Dawaleebi said:[^1] “…also Umar has judged according to his own opinion concerning the wife of a missing husband. He judged that a wife of a missing husband can get married after passing four years since the absence of the husband and after passing the iddah even if it had not been proved that her husband had died so that the wife would not remain in suspense forever. So was the opinion of Malik bin Anass which was unlike the opinion of the Hanafites and the Shafiites who believed that a wife had to wait until she would become certain of her husband’s death because he would be considered as alive until a certain evidence on his death would appear.

But the opinion of Umar was worthy of being regarded because it protected the wife of a missing husband from certain harms and dangers. He permitted the wife of a missing husband to get married despite that this decision opposed the clear texts of the Sharia, on which the rest of jurisprudents depended. This was not but changing the verdicts according to the change of the conditions which must be regarded to avoid some harms. The Prophet (s) had said: “No harm (to be done against the others) and no reciprocal harm!” Allah had said: “and He has not laid upon you any hardship in religion. Qur'an, 22:78” In doing so, Umar did not annul the legal texts but he activated them in the light of the benefit and according to the different circumstances…”

As for the Shia, they have followed their infallible imams of Ahlul Bayt (s) in this matter. They have had fixed texts deciding according to the apparent principles. These texts say that when no information

[^1] In his book Usool al-Fiqh, p.241.

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can be obtained about a missing husband, his wife, if there is someone spends on her, must wait until her husband comes or his death is proved or something like that. But if the wife has no one to spend on her, she can bring her case to the legal judge to decide. When she does so, the judge will begin to search for the missing husband for four years in the possible places, in which the husband can be found, otherwise he looks for him in everywhere since the moment when the wife offers her case before him.

Then the judge divorces her or he orders her guardian (the one who is responsible for her) to decide. It is necessary that the guardian may decide first but if he refuses to divorce her, then the judge is to divorce her but after passing the period of researching or after the return of the messengers who go to look for the missing husband or the like. After that the wife spends the period of the iddah of death which is four months and ten days and then she can get married. If the missing husband comes back during her iddah, he will have the right to marry her again but if he comes back after the iddah, he will have no right to marry her whether he finds her married or not. This is the principle of the Shia on this matter according to their infallible imams (s).

36. Selling bondwomen

All the Sunni Muslims of the four sects have confirmed that the one, who had prohibited selling bondwomen, was Umar whereas it had been permissible at the time of the Prophet (s), the reign of Abu Bakr and some time of Umar’s rule. They have considered that as one of Umar’s virtues as they have considered Taraweeh Prayer and its likes.

But the scholars, who have looked for the truth of this matter, found in the true prophetic traditions that the Prophet (s) had prohibited selling bondwomen and so found that Umar had followed those traditions and acted according to them. He (Umar) said to his son Abdullah that he had heard the Prophet (s) saying: “A bondwoman is not to be sold, nor to be given as a gift, nor to be bequeathed and not to be considered as entailment. Her owner enjoys himself with her along his life. When he dies, she is to be set free.”

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Ibn Abbas narrated that the Prophet (s) had said: “Every bondwoman, who gives birth to a child from her master, becomes free after his death.”

These two traditions have been mentioned by Abu Ja’far Muhammad bin al-Hasan at-Toossi in his book al-Khilaf, vol.2. And according to the apparent meaning of the two traditions, it was clear that Umar had not prohibited selling bondwomen due to his own opinion, but he had acted according to the tradition of his son Abdullah and the tradition of ibn Abbas.

But Sheikh at-Toossi was forced by the traditions of the infallible imams of Ahlul Bayt (s) about this subject to interpret these two traditions in a way to make them submit to the doctrine of Ahlul Bayt (s). He said: “When a bondwoman gives birth to a child from her master while she is still in his possession, she will have the right to be free due to her bearing a child. It is not permissible to sell a pregnant bondwoman and when she gives birth to her child, she is still in the possession of her master and she is not permissible to be sold as long as her child is alive but when her child dies,

she may be sold anyhow. If her master dies, she is made in the possession of her child and then she is set free due to that. If her master does not leave save her, the share of her child (in her) is set free and she becomes among the shares of the rest of the heirs. Such was the opinion of Ali (s), ibn az-Zubayr, ibn Abbas, Abu Sa’eed al-Khidri, ibn Mass’ood, al-Waleed bin Uqba, Suwayd bin Ghafla, Umar bin Abdul Aziz, ibn Seereen and Abdul Melik bin Ya’la. Dawood said: “It is permissible to dispose of her in any way” but he did not give any details. Abu Haneefa, his companions, ash-Shafi’iy and Malik said: “She is not permissible to be sold nor to be disposed of in any way but she is to be set free when her master dies.”

Sheikh at-Toossi added: “Our evidence on that is the consensus of the sect (the Shia) and their traditions. Also there is no disagreement on the possibility of being slept with by her possessor but if she becomes dispossessed, sleeping with her becomes not possible. The rule says that she is a slave and he, who pretends that she is freed after the death of her master, has to show the evidence on that. The tradition narrated by ibn Abbas that the Prophet (s) had said: “Every

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bondwoman, who gives birth to a child from her master, becomes free after his death” means that when her master dies and she becomes her child’s possession, then she is set free due to that. The tradition narrated by Abdullah bin Umar that the Prophet (s) had said: “A bondwoman is not to be sold, nor to be given as a gift, nor to be bequeathed and not to be considered as entailment. Her owner enjoys himself with her along his life. When he dies, she is to be set free” means that she cannot be sold as long as her child is alive. When her master dies, she is set free due to what we have said in the first tradition.”

37. Necessity of Tayammum[^1] when there is no water

It suffices as evidence on this matter that Allah has said in the sura of al-Ma’ida: “O you who believe! when you rise up to prayer, wash your faces and your hands as far as the elbows, and wipe your heads and your feet to the ankles; and if you are under an obligation to perform a total ablution, then wash (yourselves) and if you are sick or on a journey, or one of you comes from the privy, or you have touched the women, and you cannot find water, betake yourselves to pure earth and wipe your faces and your hands therewith. Qur'an, 5:6” and He has said in the sura of an-Nissa’: “O you who believe! do not go near prayer when you are intoxicated until you know (well) what you say, nor when you are under an obligation to perform a bath, unless (you are) traveling on the road, until you have washed yourselves; and if you are sick, or on a journey, or one of you comes from the privy or you have touched the women, and you cannot find water, betake yourselves to pure earth, then wipe your faces and your hands; surely Allah is Pardoning, Forgiving. Qur'an, 4:43”

The true traditions on this matter are many and one confirming the other and all the umma has agreed unanimously on that except Umar, the only one who had contradicted the consensus. The famous traditions narrated from him showed that he had believed that one, who had no water, had not to offer the prayer until he would find

[^1] Tayammum is performing ritual ablution, before offering prayers and other obligations, with earth when there is no water.

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water.[^1]

Al-Bukhari and Muslim mentioned in their Sahihs a tradition narrated by Sa’eed bin Abdurrahman bin Abzi from his father that once a man had come to Umar and said to him: “I have been in ritual impurity and I could not find water to perform the ritual ablution.” Umar said to him: “Do not offer the prayer!” Ammar bin Yassir was present then. Ammar said: “O Ameerul Mo’mineen, have you not remembered once when you and I were in a brigade (during a war) and we became impure and could not find water (to perform ablution). You did not offer the prayer but I rubbed myself with earth and offered the prayer. Then the Prophet (s) said: “It would have sufficed you to hit the earth with your hands and then you blow and rub your face and your two hands.” Umar said: “O Ammar, fear Allah!” Ammar said: “If I do not narrate it!!”[^2] Umar said: “We will see how to deal with you!”

It has been said that ibn Mass’ood had adopted the opinion of Umar in this matter. Al-Bukhari, and others, mentioned a tradition that Shaqeeq bin Salama had said: “Once I was with Abdullah bin Mass’ood and Abu Musa al-Ash’ari. Abu Musa asked Abdullah bin Mass’ood: “O Abu Abdurrahman, if one becomes impure and he does not find water, what will he do then?” Abdullah ibn Mass’ood said: “He does not offer the prayer until he finds water.” Abu Musa said: “Then how about the saying of Ammar when the Prophet (s) has said to him: “It would have sufficed you to…”?” Ibn Mass’ood said: “Do you not see that Ammar has not been satisfied with that?” Abu Musa said: “Let us put the saying of Ammar aside! What do you do with this verse…” he recited to him the verse of Tayammum mentioned in the sura of al-Ma’ida. Abdullah did not know what to say.”[^3]

I say: Abdullah bin Mass’ood was cautious in his speech with Abu Musa because he feared both Umar and Abu Musa. There is no doubt in that. Allah is more aware!

[^1] Irshad as-Sari fee Sharh Sahih al-Bukhari by al-Qastalani, vol.2 p.131. [^2] Ammar said that out of his fear from Umar because the saying of Umar “We will see how to deal with you” was as a threat to Ammar. [^3] Sahih of al-Bukhari, vol.1 p.50.

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38. Two supererogatory Rak’as after Asr prayer

Muslim mentioned in his Sahih[^1] a tradition narrated by Urwa bin az-Zubayr from his father that Aa’isha (the Prophet’s wife) had said: “The Prophet

(s) had never ignored the two rak’as (which he had been used to offer) after Asr prayer in my house at all.”

He also mentioned a tradition narrated by Abdurrahman bin al-Aswad from his father that Aa’isha had said: “There were two prayers that the messenger of Allah (s) had never ignored, when being in my house, neither secretly nor openly; two rak’as before Fajr Prayer and two rak’as after Asr Prayer.”

He mentioned another tradition that al-Aswad and Masrooq had said: “We witness that Aa’isha has said: “Whenever the messenger of Allah (s) was in my house, he offered the two rak’as after Asr prayer.”

But Umar bin al-Khattab prohibited them (these two rak’as) and punished whoever offered them. Malik mentioned in his Muwatta’[^2] a tradition narrated by ibn Shihab from as-Sa’ib bin Yazeed who said that he had seen Umar bin al-Khattab beating al-Mukandar[^3] because he had offered two rak’as after Asr prayer.

Abdurrazaq mentioned that Zayd bin Khalid had said that once the caliph Umar had seen him offering two rak’as after Asr prayer and beaten him for that…then Umar said: “O Zayd, unless I fear that people may take it (the prayer after Asr prayer) as a (ladder) to prayer until the night, I will not punish for it.”

He also mentioned a tradition like that narrated by Tameem ad-Dariy but he said in it “…Umar said: “…but I fear that some people may come after you that they offer prayers since the afternoon until

[^1] vol.1 p.309. [^2] At the end of the chapter (prohibiting praying (two rak’as) before Fajr prayer and after Asr prayer. [^3] Ibn Muhammad bin al-Mukandar al-Qarashi at-Taymi al-Madani, as in Sharh al-Muwatta’ by az-Zarqani.

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the sunset that they may offer prayers during the time,[^1] at which the Prophet (s) had prohibited from offering prayers.”

39. Displacing Abraham’s temple

The temple of Prophet Abraham (s) is the rock by which the pilgrims offer prayer according to the saying of Allah: “Take as your place of worship the place where Abraham stood (to pray). Qur'an, 2:125”

Abraham and Ishmael (s), when building the House, stood on this rock to hand over rocks and clay. The rock was stuck to the Kaaba but the Arabs after Prophet Abraham (s) moved it to its place nowadays. When Allah has sent Muhammad (s) as the prophet and granted him with means of power, he stuck the rock to the Kaaba again as it had been at the time of his fathers Abraham and Ishmael. When Umar became the caliph, he displaced it as it is nowadays. At the time of the Prophet (s) and the time of Abu Bakr the rock was stuck to the Kaaba.[^2]

In the seventeenth year of hijra Umar enlarged the mosque by adding to it some of the companions’ houses around it. The companions had refused to sell their houses but Umar tore down their houses and put their prices in the treasury until they, later on, took their monies.[^3]

[^1] He meant the time of sunset that the Prophet (s) had forbidden from offering prayers in. The true prophetic traditions about this matter have been mentioned in the books of Hadith. Malik in his Muwatta’ mentioned a tradition from ibn Umar that the Prophet (s) had said: “Do not offer prayers at the sunshine nor at the sunset.” The wisdom behind this was that the umma shouls not imitate the Magi in their worshipping the sun when shining and when setting. But the caliph Umar became cautious to prevent the Muslims from offering prayers after Asr prayer at all and not only the time of the sunset. And so he contradicted the Sharia even if he intended to do good. Would that he had been satisfied with prohibiting offering this prayer without beating the servants of Allah while offering their prayers before their Lord!

[^2] Tabaqat of ibn Sa’d, vol.3 p.204, Tareekh al-Khulafa’ of as-Sayooti, p.53, Sharh Nahjol Balagha of ibn Abul Hadeed, vol.3 p.113, Kitab al-Haywan of ad-Dimyari, Tareekh Umar by Abul Faraj al-Jawzi p.60.

[^3] Mentioned by ibn al-Atheer in Al-Kamil, the events of the 17th year of hijra and by other historians.

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40. Weeping for the dead

The sorrow of man for losing his lovers and his crying for them are parts of the sentiment of human beings besides that they are among the requirements of mercy if they are not accompanied with bad sayings and doings.

The Prophet (s) has said: “Whatever comes out of the heart and the eye is from Allah and mercy and whatever comes out of the hand and the tongue is from the Satan.”[^1]

The Muslims have done so everywhere and always without having any evidence to prohibit it. The necessity required it (sorrowfulness or crying) to be permissible.

In fact the Prophet (s) himself has cried in many occasions and he has approved the others when crying in many occasions and admired it (crying) in other occasions. In fact he might have invited to it. The Prophet (s) has cried for his uncle Hamza, the lion of Allah and the lion of His messenger. Ibn Abdul Birr and other historians said “When the Prophet (s) saw Hamza killed, he cried and when he saw him mutilated, he sobbed.”[^2]

Al-Waqidy said: “The Prophet (s) often cried when Safiyya[^3] cried and he sobbed when she sobbed.” He added: “Fatima began crying and the messenger of Allah (s) began crying too for her crying.”[^4]

Anass bin Malik said: “When the army of the Muslims was in Mu’ta, Zayd took the banner but he was injured. Then Ja’far took the banner and he was injured too. Then Abdullah bin Rawaha took the banner and he was injured too. The Prophet’s eyes were shedding tears…”[^5] Ibn Abdul Birr said in his al-Istee’ab: “The Prophet (s) cried for Ja’far and Zayd and he said: “They are my brothers, friends and

[^1] A tradition narrated by ibn Abbas and mentioned by Ahmad in his Musnad, vol.1 p.335. [^2] Al-Istee’ab by ibn Abdul Birr, biography of Hamza bin Abdul Muttalib. [^3] She was the Prophet’s aunt. [^4] Sharh Nahjol Balagha, vol. 3 p.387. [^5] Sahih of al-Bukhari, vol.1 p.148, vol.3 p.39.

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talkers.”

Anass said: “…then we came to him (to the Prophet (s)) while Ibraheem (the Prophet’s son) was dying. The Prophet’s eyes began shedding tears. Abdurrahman bin Ouff said to him: “Do you cry while you are the messenger of Allah?!” The Prophet (s) said: “O ibn Ouff, it is mercy!” Then he cried again and said: “The eye sheds tears and the heart becomes sad but we do not say what discontents our Lord. O Ibraheem, we are sad for your leave!”[^1]

Ussama bin Zayd said: “The daughter of the Prophet (s) sent for him that one of her sons had died. The Prophet (s) went with Sa’d bin Ubada, Ma’ath bin Jabal, Ubayy bin Ka’b and Zayd bin Thabit. The Prophet (s) lifted the boy while his breath was still clattering. The Prophet’s eyes began shedding tears. Sa’d said: “O messenger of Allah, what is this?” The Prophet (s) said: “It is mercy that Allah has put in the hearts of His people. Allah has mercy on the merciful ones of His people…”[^2]

Abdullah bin Umar said: “One day Sa’d bin Ubada became ill. The Prophet (s) came to visit him with Abdurrahman bin Ouff, Sa’d bin Abu Waqqas and Abdullah bin Mass’ood. He found him in the middle of his relatives. The Prophet (s) asked: “Is he dead?” They said: “No, O messenger of Allah.” The Prophet (s) began crying. When the people saw the Prophet (s) crying, they began crying too. Then the Prophet (s) said: “Allah does not punish for the tears of the eyes nor for the sadness of the heart but He punishes and has mercy (on people) for this.” He pointed to his tongue.”[^3]

Ibn Abdul Birr said in al-Istee’ab: “When the Prophet (s) was informed that Ja’far had been martyred, he went to his wife (Ja’far’s wife) Asma’ bint Umays and consoled her. Then Fatima (s) (the Prophet’s daughter) came in crying and saying: “O uncle!” The Prophet (s) said: “Let the criers cry for one like Ja’far!”[^4]

[^1] Sahih of al-Bukhari, vol.1 p.154. [^2] Sahih of al-Bukhari, vol.1 p.152, Sahih of Muslim, vol.1 chap. Crying for the dead. [^3] Sahih of al-Bukhari, vol.1 p.155, Sahih of Muslim, vol.1 p.341. [^4] In this tradition the Prophet (s) has approved crying for the dead and ordered of it. In fact the crying of Fatima (s) only could be enough evidence on the subject.

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The historians like ibn Jareer, Ibnul Atheer, ibn Katheer and ibn Abd Rabbih mentioned the tradition of ibn Umar that Ahmad bin Hanbal had mentioned in his Musnad.[^1] Ibn Umar narrated: “When the Prophet (s) (and his army) had come back from the battle of Uhud, the women of the Ansar began crying for their killed husbands. The Prophet (s) said: “But Hamza has no one crying for him!” Then the Prophet (s) went to bed. When he waked up, he heard the women crying. He said: “Then they are crying for Hamza today.”

Ibn Abdul Birr in al-Istee’ab quoted from al-Waqidy his saying: “The women of the Ansar, after this saying of the Prophet (s) “But Hamza has no one crying for him”, did not cry for a dead one of the Ansar unless they cried for Hamza first.”

Crying for Hamza at the time of the Prophet (s), the time of the companions and the time of the companions’ successors was clear evidence on the permissibility of the crying for one like Hamza even if it was a long time since he had died. The saying of the Prophet (s) “But Hamza has no one crying for him” and his saying “Let the criers cry for one like Ja’far” proved that crying for (good) dead people were desirable.

In spite of all that, Umar bin al-Khattab had prohibited crying for a dead man whatever great he was. In fact he beat with a stick, threw with stones and threw soil on whoever cried for the dead. He did that since the time of the Prophet (s) and he kept on that until the end of his life.[^2]

Ahmad bin Hanbal mentioned in his Musnad a tradition narrated by ibn Abbas about the death of Ruqayya, the Prophet’s daughter, and the crying of women for her and then he said: “…Umar began beating the women with his whip. The Prophet (s) said to him: “Let them cry!” The Prophet (s) sat by the tomb and Fatima (s) was crying beside him. The Prophet (s) began wiping Fatima’s eyes with his dress compassionately.”[^3]

[^1] Vol.2 p.40. [^2] Al-Bukhari's Sahih, vol. 1 p.255. [^3] vol.1 p.335.

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Ahmad also mentioned in his Musnad[^1] a tradition narrated by Abu Hurayra that once a procession of funerals passed by the Prophet (s). Among them there were some women crying. Umar scolded them. The Prophet (s) said: “Let them cry. The heart is sad and the eye is shedding tears.”[^2]

Aa’isha and Umar were in disagreement on this matter. Umar and his son Abdullah narrated that the Prophet (s) had said: “A dead is tortured because of the crying of his relatives for himher.” In another tradition: “…because of some of his relatives’ crying” in a third saying “because of the crying of (people of) the quarter” in a fourth one “he is tortured in his grave whenever it is cried for him” in a fifth one “whoever is cried for, is tortured”. All these sayings are untrue due to reason and tradition.

An-Nawawi said, when mentioning these sayings: “All these narrations have been narrated by Umar and his son Abdullah. Aa’isha denied that and accused them of being forgetting or mistaken. She refuted their sayings by reciting the saying of Allah: (no bearer of burden shall bear the burden of another).

Ibn Abbas and all of the infallible imams of Ahlul Bayt (s) have denied these traditions and confirmed that the narrators were mistaken. Aa’isha and Umar were still in disagreement about this matter until Aa’isha cried for her father when he died. Because of that there were some things happened between them. At-Tabari mentioned in his Tareekh al-Khulafa’, vol.4 when talking about the events of the thirteenth year of hijra, that Sa’eed bin al-Musayyab had said: “When Abu Bakr died, Aa’isha (with her fellow women) began crying for him. Then Umar came to her house and forbade her and the other women from crying for Abu Bakr. They refused to refrain from crying. Umar said to Hisham bin al-Waleed: “Go inside the house and bring me the daughter of ibn Abu Quhafa (Aa’isha the daughter of Abu Bakr).” Aa’isha said to Hisham when she heard the

[^1] vol.2 p.333. [^2] One day during his caliphate, Umar heard some women crying inside one of the houses. He came into the house and began beating the crying women until their veils fell down of their heads. Then he said to his servant: “Beat the weeping women…beat them. They have no sanctity…” Refer to Sharh Nahjol Balagha, vol.3 p.111.

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saying of Umar: “I forbid you from entering my house.” Umar said to Hisham: “Enter the house! I have permitted you.” Hisham went in and brought Umm Farwa, Abu Bakr’s sister, to Umar. Umar began beating Umm farwa with his stick. When the crying women heard that, they separated here and there.”

Here we attract the attention of the men of understanding to search about the reason that has led Fatima (s) to be away from the country when she wanted to cry for her father (s). She went, with her two sons and her fellow women, to al-Baqee’ (graveyard). They cried for the Prophet (s) under the shadow of a tree there and when this tree was cut, Imam Ali (s) built her a house in al-Baqee’ to weep for her father in it. It was called “the house of sorrows”. This house had been visited by the different generations of this umma like the other sacred places. This house was demolished recently by the order of King Abdul Aziz bin Sa’ood al-Jundi when he prevailed over Hijaz and he destroyed the sacred places in al-Baqee’ according to his Wahabite belief. It was in the year 1344 A.H. In the year 1339 we have got the honor of visiting this house (the house of sorrows) when Allah has granted us with the favor of offering the hajj and visiting the Prophet (s) and the places of his pure family in al-Baqee’.

41. The Prophet (s) confirms truthfulness of Hatib

Al-Bukhari mentioned in his Sahih a tradition narrated by Abu Owana that Hussayn had said: “Once Abu Abdurrahman and Habban bin Atiyya disputed. Abu Abdurrahman said to Habban: “I knew what had encouraged your friend-he meant Ali-to shed the bloods.” Habban said: “Woe unto you! What was that?” Abu Abdurrahman said: “Something I have heard him saying it.” Habban said: “What is it?” Abu Abdurrahman said: “Ali said: “One day the Prophet (s) sent for us; me, az-Zubayr and Abu Marthad, and all of us were knights, and he said to us: “You go to Rawdhat Haj.[^1] There is a woman there having a letter from Hatib bin Abu Balta’a to the polytheists. Bring me the letter.” We set out on our horses until we found the woman where the Prophet (s) had said to us that she was on a camel. Hatib had written a letter to the people of Mecca informing them that the

[^1] It may be Rawdat Khakh, which is a place between Mecca and Medina.

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Prophet (s) would attack them. We asked the woman: “Where is the book which you have?” She said: “I do not have any book.” We made her camel kneel down and we searched her baggage but we did not find any book. My two companions said: “We do not think that she has a book.” I (Ali) said: “We know well that the Prophet (s) has not told a lie.” Then I swore: “By Him, Who is sworn by, either you take out the book or I shall disrobe you.”[^1] She took the letter out of her garment.” They brought the letter to the Prophet (s). Umar said: “O messenger of Allah, he (Hatib) has betrayed Allah, His messenger and the believers. Let me behead him!” The Prophet (s) said to Hatib: “O Hatib, what made you do that?” Hatib said: “O messenger of Allah, I still believe in Allah and His messenger but I wanted to do the people (the polytheists) a favor so that they would not harm my family and properties. Every one of your companions there has someone of his tribe to defend his family and properties.” The Prophet (s) said to his companions: “He is right. Do not say to him save good.” Umar said again: “O messenger of Allah, he has betrayed Allah, His messenger and the believers. Let me behead him!”[^2]

It was necessary for Umar no to say that after the Prophet (s) had told them that Hatib was right and after he had ordered them not to harm him.

42. The Prophet’s book to his emirs

Malik bin Anass and al-Bazzaz mentioned[^3] that the Prophet (s) had sent books to his emirs asking them that when they wanted to send him their mails they should make their letters and books with fine titles and in fine forms. When Umar knew that, he got up saying: “I do not know! Shall I say or shall I keep silent?” The Prophet (s) said to him: “O Umar, say!” Umar said to the Prophet (s): “You have forbidden us from being pessimistic but how do you become pessimistic now?” The Prophet (s) said: “I am not pessimistic but I have chosen the best.”

[^1] Imam Ali (s) threatened to disrobe her of her outer garment in which the book was. [^2] Al-Bukhari's Sahih, vol. 4. chap. Forgiving the apostatized. [^3] As in Hayat al-Haywan by ad-Dimyari, chap. “luqha” she-camel.

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43. Dividing the charities

Ahmad bin Hanbal mentioned in his Musnad[^1] that Salman bin Rabee’a had heard Umar saying: “One day the Prophet (s) distributed charities among some people. I said to him: “O messenger of Allah, there are other people who are more deserving than these people; they are the people of the Suffa.”[^2] The Prophet (s) said: “You ask me greedily (and at the same time) you intend to make me miser while I am not.”

But the division has been done as Allah and His messenger willed. Abu Musa said that Umar had asked the Prophet (s) about some things that the Prophet (s) disliked until he became angry. Umar saw the anger in the Prophet’s face.[^3]

44. The Prophet (s) orders Umar to hide his faith

Muhyiddeen ibn al-Arabi mentioned that the Prophet (s) had said to Umar bin al-Khattab, when he had become a Muslim: “Keep your faith secret.” But Umar refused to do that and he announced his being a Muslim openly.[^4] Necessity then required the Muslims to conceal their faith because the mission would not succeed except with concealment but the (valor) of Umar led him to announce his being a Muslim even if he would contradict the order of the Prophet (s)!