Al Nass Wal Ijtihad
- Beating and Exiling Dhabee’ ===============================
One day a man came to Umar and said to him: “O Ameerul Mo'mineen, Dhabee’ at-Tameemi met us and he began asking us about the interpretation of some verses of the Qur'an and he said to me: “O Allah, enable me to overcome him (Umar)!” One day while Umar was sitting during a banquet he had made for people, Dabee’ came wearing good cloths and a turban. He sat eating with people. When he finished eating, he asked Umar: “O Ameerul Mo'mineen, what is the meaning of this saying of Allah “Weth-thariyat tharwa, wel-hamilat waqra-I swear by the wind that scatters far and wide, then
(312)
those clouds bearing the load (of minute things in space). Qur'an, 51:1-2” Umar said to him: “Woe unto you! It is you!” Umar got up, uncovered his arms and began whipping the man until his turban fell down. He had two plaits of hair. Umar said: “I swear by Him, in Whose hand Umar’s soul is, that if I have seen you with a shaven head, I would have beheaded you.” Then he ordered the man to be imprisoned in a house. Every day he took him out to whip him one hundred whips. When he became well, Umar took him out to whip him another hundred whips. Then he carried him on a camel and sent him to Basra and wrote to his official there Abu Musa ordering him to forbid people from mixing with him. He ordered Abu Musa to make a speech for people telling them that Dabee’ wanted to obtain knowledge but he went astray. After that Dhabee’ became mean among people until he died whereas he had been the chief of his people before.[^1]
63. Exiling Nasr bin Hajjaj
Abdullah bin Burayd said: “One night while Umar was patrolling, he arrived at a house, inside which there was a woman singing for other women: “Is there a way to get some wine to drink, or to be with Nasr bin Hajjaj?”
Umar said: “As long as she lives, she will not get that!” In the morning he sent for Nasr bin Hajjaj.[^2] Umar looked at him and found him very handsome. He ordered him to collect his hair. He did and when his forehead appeared he became more handsome. Umar asked him to put on a turban. He put on a turban and then his plentiful hair appeared from under the turban and he seemed more handsome. Umar asked him to cut his hair. He cut his hair and he seemed too handsome. Then Umar said to him: “O bin Hajjaj, you have charmed the women of Medina. Do not neighbor me in a town I live in!” Then Umar exiled him to Basra. After spending some days in Basra, Nasr sent a letter to Umar having some verses of poetry, in which he had showed his innocence and asked Umar to let him go
[^1] Sharh Nahjol Balagha, vol. 3 p.122. [^2] He was Nasr bin Hajjaj bin Alabit al-Bahzi as-Salami.
(313)
back to his house. Umar said: “Certainly not, as long as I am the ruler!” When Umar was killed, Nasr rode his sumpter and joined his family in Medina.
64. Exceeding the legal penalty with his son
Once Umar’s son Abdurrahman, surnamed as Abu Shahma, drank wine in Egypt when Amr bin al-Aass was the wali there. The wali Amr bin al-Aass ordered Abu Shahma’s hair to be cut and then he was whipped according to the legal penalty at the presence of his brother Abdullah bin Umar. When Umar was informed of that, he wrote to Amr bin al-Aass to send him Abu Shahma in aba and on a camel without a saddle. He stressed on that and ordered him with severe words. Amr bin al-Aass sent Abu Shahma in the condition as Umar had ordered and wrote to Umar that he had punished Abu Shahma with the legal penalty; cutting his hair and whipping him in the courtyard and he swore by Allah that it was the place, in which the legal penalties were executed on the Muslims and (ahlul thimma) the Christians and the Jews. He sent the book with Abdullah bin Umar (Umar’s son).
Abdullah bin Umar brought the book and his brother Abdurrahman and came to his father in Medina while Abdurrahman was putting on an aba and was unable to walk because he was ill and tired of sitting on the bare back of the camel all the way from Egypt to Medina. Umar became too severe with his son. He said to him: “O Abdurrahman, have you done this and that?” Then he cried: “Bring me the whips!” Abdurrahman bin Ouff interceded with Umar saying to him: “O Ameerul Mo'mineen, he has been punished with the legal penalty and his brother Abdullah has witnessed that.” But Umar paid no attention to him rather he rebuked him. Umar began whipping his son Abdurrahman (Abu Shahma), who was shouting at his father: “I am ill and you are going to kill me!” Umar did never pity him and gave a deaf ear to his son’s crying until he finished the number of the legal whips. After that he imprisoned him and a month later Abdurrahman died.[^1]
[^1] This was one of the famous events in the history of Umar. It has been mentioned by the most of the historians. Refer to Sharh Nahjol Balagha, vol. 3 p. 123. Ibn Abul Hadeed mentioned in the same volume of his book that Umar had whipped one of his
(314)
If Amr bin al-Aass was trusted in the affairs of the Muslims (the legal penalties) and he was reliable near Umar, then he told Umar that he had punished Abu Shahma at the presence of his brother Abdullah, who was the most trusted one to his father from among the family of al-Khattab; hence Umar had no any evidence to punish his son again and if Amr bin al-Aass was not trustworthy and he was not truthful in his swear, then how had Umar appointed him as the wali of Egypt to execute the verdicts and penalties of Allah and how had he entrusted him with the bloods , honors and properties of the people?
According to the Shariah a sick person is not to be punished before recovering health and the punished one (with legal penalty) is not to be imprisoned especially if he is ill or that imprisonment may harm him but Umar was fond of preferring his own opinions to the legal verdicts.
65. Cutting the tree of al-Hudaybiya
It was the tree, under which the Prophet (s) had been paid homage by his companions to die for him. It was called the homage of ar-Radhwan. Among the results of this homage was the great conquest of Mecca. Some of the Muslims often offered prayers under this tree to get blessing and to thank Allah for the great victory they got after the homage under this tree.
When Umar knew that they offered prayers under this tree, he ordered the tree to be cut. He said: “Since this day if any one returns to offer prayer near this tree, I will kill him with the sword as an apostate is killed.”[^1] Glory be to Allah! Praise be to Allah! Allah is great!!! How wonder! Yesterday the Prophet (s) ordered him to kill Thul Khuwaisira, the head of the hypocrites, and he refrained from killing him respecting his prayer and today he draws his sword to kill the believers who offer prayers under this tree; the tree of ar-Radhwan!!”
sons for drinking wine until he died. All the historians, who have talked about Abu Shahma, mentioned this case such as ibn Abdul Birr in his Istee’ab, ad-Dimyari in Hayat al-Haywan and ibn al-Jawzi in his book Tareekh Umar, chap.77.
[^1] Sharh Nahjol Balagha, vol. 1 p.59.
(315)
Woe! Who has made the bloods of the faithful prayers so cheap to him? This was the seed that grew and fruited in Najd (where the Satan would appear).
How many seeds like this Umar had such as his saying to the Black Rock (of the Kaaba): “You are just a rock; neither benefit nor harm. Unless I have seen the Prophet (s) kissing you, I would have never kissed you.”
This word became as a principle due to which many ignorants prohibited kissing the holy Qur'an and glorifying the shrine of the Prophet (s) and the other sacred shrines. They lost by doing that many virtues as Allah has said: “… and whoever respects the sacred ordinances of Allah, it is better for him with his Lord. Qur'an, 22:30” and “… and whoever respects the signs of Allah, this surely is (the outcome) of the piety of hearts. Qur'an, 22:32” and they did not love Allah sincerely as one of the poets has said:
“It is not the love of the country that has filled my heart,
but it is the love of who has dwelled in the country.” 66. Umm Hani complains against him to the Prophet(s) At-Tabarani mentioned in al-Kabeer a tradition narrated by Abdurrahman bin Abu Rafi’ that Umm Hani bint Abu Talib had said to the Prophet (s): “O messenger of Allah, Umar bin al-Khattab met me and said to me: “Muhammad will not avail you of anything.” The Prophet (s) became angry. He made a speech saying to the people: “Why do some ones pretend that my intercession will not benefit my family? My intercession will avail Ham and Hakam.”[^1]
The Prophet (s) became angry in another occasion when a son of his aunt Safiyya died and he consoled her. When she went out, a man[^2] met her and said to her: “Your kinship with Muhammad will not avail you of anything.” She began crying until the Prophet (s) heard her voice and hurried to her. She told him of what happened. He became angry and asked Bilal to announce the azan. The Prophet (s)
[^1] Ham and Hakam were two tribes of Yemen, which had no any kinship with Quraysh, the Prophet’s tribe. [^2] He was Umar bin al-Khattab undoubtedly.
(316)
got up to make a speech. He praised Allah and then he said: “Why do some people pretend that my kinship does not avail (my relatives)? Every kinship and means will be severed on the Day of Resurrection except my kinship and means. My kinship is connected in this life and in the afterlife.”[^1]
67. The day of consultation (an-Najwa)
On that day all the people had missed goodness save Imam Ali (s). He was the winner of that goodness with no partner; neither Abu Bakr nor Umar nor any of the human beings. Here is the Qur’anic verse of that day and let you ponder on it and do not be among those whom Allah has meant when saying: “Do they not then reflect on the Quran? Nay, on the hearts there are locks. Qur'an, 47:24”
This is the verse: “O you who believe! when you consult the Messenger, then offer something in charity before your consultation; that is better for you and purer. Qur'an, 58:12.” No one had ever acted according to this verse except Imam Ali (s). This has been confirmed by the consensus of the umma. Az-Zamakhshari in al-Kashshaf, at-Tabari in at-Tafseer al-Kabeer, ath-Tha’labi in at-Tafseer al-Adheem, ar-Razi in Mafateeh al-Ghayb and the other interpreters have said that in their books when interpreting this verse.
Al-Hakim mentioned in his Mustadrak[^2] that Imam Ali (s) had said: “There is a verse in the Book of Allah that no one has acted according to before me and no one will act according to after me. It is the verse of (an-Najwa) consultation. I had a dinar and I sold it for ten dirhams. Whenever I consulted the Prophet (s) I offered a dirham before my consultation and then the verse was annulled by this one: “Do you fear that you will not (be able to) give in charity before your consultation? So when you do not do it and Allah has turned to you (mercifully), then keep up prayer and pay the poor-rate and obey Allah and His Messenger; and Allah is Aware of what you do. Qur'an,
[^1] Thakha’ir al-Uqba by Muhibuddeen at-Tabari. [^2] Vol.2 p.842.
(317)
58:13”[^1]
This scolding included Umar and the rest of the companions except Imam Ali (s) because he had never (feared that he would not be able to give alms in charity) nor had he opposed the order so that he would need to repent.
Ar-Razi here arose as one who (cannot arise except as one, whom the Satan has prostrated by (his) touch, does rise). He said: “This verse distresses the hearts of the poor and makes them sad because they cannot pay charities, it embarrasses the rich because it imposes on them heavy duty and it causes the Muslims to criticize each other. Acting according to this verse causes separation and gloominess and giving up acting according to it causes cordiality. What causes cordiality is worthier of being followed than what causes separation and gloominess…” How odd his raving was! It contradicted the saying of Allah (that is better for you and purer) and His saying (So when you do not do it and Allah has turned to you (mercifully), then keep up prayer). Refer to this raving in his tafseer Mafateeh al-Ghayb, vol.8 p.168.
Would that he had said: “Zakat and hajj distress the hearts of the poor and bring them sorrow because the poor cannot do them and they (zakat and hajj) embarrass the rich because they impose on them heavy duty; therefore carrying them out causes separation and gloominess and giving up carrying them out causes cordiality and friendliness and whatever causes cordiality and friendliness is worthier of being followed than what causes separation and gloominess; therefore according to the analogy of this (imam) giving up the zakat and the hajj is worthier. In fact his analogy requires giving up all the religions in order not to lead to separation and disagreements. We resort to Allah to save us from the torpor of mind and the raving of tongue. There is no power save in Allah, the Mighty, the High!
[^1] Al-Hakim after mentioning this tradition in his Mustadrak said: “It is a true tradition according to the conditions of the two sheikhs; al-Bukhari and Muslim but they have not mentioned it.” The same has been said by ath-Thahabi after mentioning it in his Talkhees al-Mustadrak.
(318)
68. His indulgence to Mo’awiya
Umar let Mo’awiya, who had been appointed by Umar as the wali of Sham, free to the full to do whatever he liked, to behave as his deviate mind led him, to rule however he wished. He lived at ease indifferent to anything other than what he chose to himself unlike what Umar had admired of his emirs. Once Umar saw Mo’awiya in Sham surrounded with splendor like that of Kasra (the emperor of Persia) and wearing highly brocaded cloths that the nature of Umar disliked and hated but he did not say to him then except: “I neither order you nor I forbid you”. He gave him permission and option to do whatever he liked and so he ravaged left and right and there was no one daring to stand against his vanity and corruption. One of the fruits of this seed that Umar had grown in Mo’awiya was his transgression against Imam Ali (s) in Siffeen and after that was what he did against Imam Hasan (s) in Sabaat.
Since then the Umayyads had seized the wealth of Allah, enslaved His people and taken the religion of Allah as a means to achieve their greed and tendencies. We are Allah’s and to Him we shall return and those who do wrong will come to know by what a (great) reverse they will be overturned!
69. His illegal order
He often ordered of some things against the Sharia and then he gave up after being reminded. First: Muhammad bin Mukhallad al-Attar mentioned in his Fawa’id:[^1] “Once Umar has ordered a pregnant women to be stoned. Ma’ath bin Jabal denied that and said to Umar: “If you have an evidence against her, you have no evidence against the one in her abdomen.” Umar annulled his judgment and said: “Women have become unable to beget one like Ma’ath. Were it not for Ma’ath, Umar would perish.” Second: al-Hakim mentioned in his Mustadrak[^2] that ibn Abbas had said: “Once a mad pregnant woman was brought to Umar and he
[^1] Al-Isaba by ibn Hajar, biography of Ma’ath bin Jabal. [^2] Vol.4 p.389.
(319)
decided to stone her. Ali said to him: “Have you not known that obligations are not imposed on three ones; a mad one until he becomes sane, a child until he becomes adult and a sleeping one until he awakes?” Then Umar set the woman free.” This woman was different from that woman. That one, about whom Ma’ath reminded the caliph, was not mad and the caliph could stone her but after giving birth to her child and then the caliph would have to ensure the nursing of the child after stoning his mother but as for the second woman, Umar could not stone her at all because she was mad.
The judge of the judges Abdul Jabbar in his book al-Mughni had a long speech about stoning a pregnant woman and this was a point of argument between him and Sharif al-Murtadha in his book ash-Shafi. Ibn Abul Hadeed mentioned the arguments of both of them in Sharh Nahjol Balagha, vol. 3 p.150-152.
Third: Ahmad bin Hanbal mentioned in his Musnad[^1] that Abu Dhabyan al-Janbi had said: “One day a woman, who had committed adultery, was brought to Umar, who ordered her to be stoned. Ali took the woman away from Umar’s men and prevented them from stoning her. They went back to Umar telling him that Ali bin Abu Talib had prevented them from carrying out the order of the caliph Umar. Umar said: “He (Ali) did not do that unless he knew something!” He sent for Ali. Ali came to Umar, who was somehow angry. He said to Ali: “Why did you prevent these men from executing my order?” Ali said: “Have you not heard the Prophet (s) saying: “Three ones are free from being considered as sinful; a sleeping one until he awakes, a child until he becomes adult and a mad one until he becomes sane”?” He said: “Yes, I have.” Ali said: “This woman is mad. The adulterer might have committed the sin with her while she was mad.” Umar said: “I do not know!” Ali said: “I also do not know!” Umar set the woman free and he did not stone her.”[^2]
[^1] vol.1 p.154-. [^2] Mustadrak of al-Hakim, vol.4 p.389, Talkees al-Mustadrak by ath-Thahabi. Al-Bukahri has summarized the tradition in his Sahih, vol.4 p.117 saying: “Ali said to Umar: “Have you not known that three ones are free from being considered as sinful;
(320)
Fourth: Ibn al-Qayyim mentioned in his book at-Turuq al-Hakamiyya fee as-Siyasa ash-Shar’iyya (the wise ways in legal politics) that once a woman had been brought to Umar and she confessed that she had committed adultery. Umar ordered the woman to be stoned. Ali asked him to delay his order a little that she might have an excuse which might save her from the punishment. He asked the woman: “What has led you to commit adultery?” She said: “There was a herdsman with me (in the pasture) who had water and milk among his camels but I had not. I became thirsty and I asked him for some water or milk. He refused to give me unless I would (give him my self). I refused to submit to him for three times but when I became too thirsty and I thought that I was about to die, I submitted to him and he gave me some water.” Ali said: “Allah is great! ‘but whoever is driven to necessity, not desiring nor exceeding the limit, then surely Allah is Forgiving, Merciful. Qur'an, 16:115’”
Al-Bayhaqi mentioned in his Sunan that Abu Abdurrahman as-Sulami had said: “Once a woman had become too thirsty. She passed by a shepherd and asked him for some water but he refused to give her unless she would let him make love with her. She submitted to him. Umar consult the people about stoning her. Ali said: “She was obliged to do that and I think that she is to be set free.” Umar set her free.”[^1]
Fifth: Ibn al-Qayyim said:[^2] “Another woman was brought to Umar and she confessed and confirmed that she had committed adultery. Ali was present then. He said: “She talks as if she has not known that it (adultery) is impermissible.” He did not punish her.” Ibn al-Qayyim added: “This is accurate insight.”
Sixth: Ahmad Ameen said in his book Fajr al-Islam:[^3] “A case was offered to Umar that a man had been killed by his father’s wife and her lover. Umar hesitated to kill two persons for one. Ali said to him:
a mad one until he becomes sane, a child until he becomes adult and a sleeping one until he awakes.” [^1] At-Turuq al-Hakamiyya fee as-Siyasa ash-Shar’iyya by ibn al-Qayyim, p.53. [^2] Ibid. p.55. [^3] p.285, quoted from the book A’lam al-Muwaqqi’een.
(321)
“If a group of people participate in a theft, will you cut the hands of all of them?” Umar said: “Yes, I will.” Ali said: “It is the same here.” He did as Ali said to him and he wrote to his official: “Kill them both! If all the people of Sana’a participated in killing him, I would kill them all.”
Seventh: Ibn Abul Hadeed said: “Once Umar sent for a woman to ask her about something. She was pregnant and because of fearing him, she miscarried of her fetus. He asked the great companions to give him a fatwa about this matter. They said to him: “You are not to be blamed because you are discipliner.” Ali said to him: “If they wanted to compliment you, they have cheated you and if this was their opinion after trying their best, they have mistaken. You have to free a (believing) slave (as a penance).” Umar and the companions referred to Ali’s opinion.”[^1]
Eighth: Umar was confused what to do to a man from the first Muhajireen, who had fought in the battle of Badr. He was Qudama bin Madh’oon. One day he was brought to Umar after drinking wine. Umar decided to whip him. He said to Umar: “Why will you whip me? The Book of Allah is between me and you.” Umar said: “Where is it in the Book of Allah that I should not whip you?” He said: “Allah says in His Book: “On those who believe and do good there is no blame for what they eat, when they are careful (of their duty) and believe and do good deeds, then they are careful (of their duty) and believe, then they are careful (of their duty) and do good (to others), and Allah loves those who do good (to others). Qur'an, 5:93” I am from among (those who believe and do good). I have attended with the Prophet (s) in Badr, al-Hudaybiya, al-Khandaq and other events. Umar did not know how to reply. He said to his companions: “Let any of you reply to him!” Ibn Abbas said: “These verses have been revealed as an excuse for the deceased Muslims and as a reminder to the remaining believers because Allah says: “O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination of Satan's handwork: eschew such (abomination), that ye may prosper. Qur'an, 5:90” Then he recited the other verse among which was “they are careful (of their duty) and
[^1] Sharh Nahjol Balagha, vol.1 p.58.
(322)
believe and do good deeds, then they are careful (of their duty) and believe, then they are careful (of their duty) and do good.” He added: “Allah has prohibited drinking wine, then would he, who drank wine after it has been prohibited, be pious and God-fearing?” Umar said: “You are right. Then what do you see?” Ali gave a fatwa to whip Qudama eighty whips. The penalty of a winer has become such since that day.[^1]
Ninth: Ibn al-Qayyim mentioned in his book at-Turuq al-Hakamiyya, p.27 a case of a woman, who had loved a young man from the Ansar but when he did not respond to her, she played a trick. She took an egg and poured its albumen on her dress and between her thighs and then she came to Umar crying. She said to him: “This (young) man has raped me and disgraced me among my family and this is the sign of what he has committed with me.” Umar asked some women and they said that there was some sperm on her cloths and body. Then Umar wanted to punish the young man, who was crying for help and saying: “O Ameerul Mo'mineen, make sure of the matter! By Allah, I have not committed any sin. I have never intended to do anything to her. She tried to seduce me to yield to her but I refused.” Ali was present. Umar asked him: “O Abul Hasan, what do you think about them?” Ali looked at the woman’s cloth and he asked for boiling water. He poured the hot water over the dress and the white became solid. He took it, smelt it and tasted it and he found that it had the taste of egg. He scolded the woman and she confessed the truth.
Tenth: Ibn al-Qayyim in his book at-Turuq al-Hakamiyya[^2] mentioned that two men from Quraysh had paid one hundred dinars to a woman as deposit and they said to her: “Do not give back the money to any one of us if the other is not with him.” After a year one of them came and said to the woman: “My friend died and I want the money.” She refused to give him the money and said: “You both have said to me not to give the money to any of you if the other was with him. I will not give it to you.” He asked her relatives and neighbors to intercede with her until she agreed to repay him the money. After
[^1] Mustadrak of al-Hakim, vol.4 p.376, Talkhees al-Mustadrak by ath-Thahabi. [^2] P.30-.
(323)
another year the second man came to her and asked her to give him the money back. She said to him: “Your friend has come to me and he pretended that you had died and I gave him the money.” They went to Umar to judge on their case. Umar wanted to judge against the woman. She asked him to send them to Ali bin Abu Talib to judge on their case. Umar sent them to Ali, who perceived that the two men had deceived the woman. He said to the man: “Have you not asked the woman not to repay the money to any of you unless the other one would be with him?” The man said: “Yes, we have.” Then Ali said to him: “Go and bring your friend and then the woman will give you the money; otherwise you have no right to ask her for anything.”
Eleventh: Ahmad bin Hanbal mentioned in his Musnad[^1] a tradition narrated by ibn Abbas that once Umar had been confused about the doubt in prayer (being uncertain how many rak’as one has offered). He asked his servant: “O boy, have you heard from the Prophet (s) or any of his companions if one became uncertain in his prayer, what he should do?” After a moment Abdurrahman bin Ouff came and asked Umar: “What is the matter with you?” Umar said: “I asked this boy if he had heard from the Prophet (s) or any of his companions if one doubted in his prayer what he should do.” Abdurrahman said: “I have heard the Prophet (s) saying: “If one of you becomes uncertain in his prayer…” Refer to this tradition; it has a fatwa from Abdurrahman which is opposite to what has been narrated from the Prophet (s) by the Shia.
The cases like these ones were many! They showed that Umar soon submitted to the truth in such matters since he recognized it and he submitted to whoever reminded him if he ignored; nevertheless he was too severe when determining his policies without paying any attention to anyone. He was too severe to his officials; whether to their bodies or their properties. He often confiscated some of their monies to the treasury and he often dealt with them with his stick severely! He might burn down their houses over them as he had done to his emir of Kufa, Sa’d bin Abu Waqqass when he ordered to burn down his palace. Once again he beat Sa’d with his stick when Sa’d competed with people to reach him. Once again he (Umar) saw some
[^1] vol.1 p.190.
(324)
people following Ubayy bin Ka’b in the street and then he raised his stick to hit Ubbay. Ubbay said to him: “O Ameerul Mo'mineen, fear Allah!” Umar said to him: “O ibn Ka’b, what are these crowds behind you? Have you not known that it is conceit to the followed one and meanness to the followers?”
The darrah[^1] of Umar was a whip of torment, which the great companions feared, until it was said that it was more frightening than the sword of al-Hajjaj.[^2]
He had beaten Umm Farwa bint Abu Quhafa severely with his darrah when her brother Abu Bakr died and she with other women, at the head of whom was Aa’isha, began crying for him. He did pay no attention to her position that she was the aunt of Aa’isha and the sister of Abu Bakr. Hisham bin al-Waleed pulled her in a mean way to the street. Umar wanted to frighten the other women, who soon ran away here and there. How harshly he often behaved to achieve his policy without having any pity towards anyone and without fearing any end! He had said to Imam Ali (s) and his companions, who had refused to pay homage to Abu Bakr, when they were in the house of Fatima (s): “I swear by Him, in Whose hand my soul is, either you come out to pay homage or I shall burn down the house over you.” The daughter of the Prophet (s) went out crying and shouting. When she saw what Umar and his men had done to Imam Ali (s) and az-Zubayr, she said: “How soon you have attacked the family of the messenger of Allah!”[^3]
And many many of such political situations which were as Imam Ali (s) had said when talking about entrusting Umar with the caliphate by Abu Bakr: “…he made it (the caliphate) in a harsh land, which was full of stumbles and which could not be avoided. A man in it was like a rider of a reluctant camel, if he tightened its noseband, he would tear its nose and if he loosened its noseband, it would insert him into difficulties. People were afflicted with confusion, fickleness and
[^1] Darrah is a dry bunch of dates (after losing its fruits). [^2] Sharh Nahjol Balagha, vol. 1 p.60. Al-Hajjaj was a tyrant emir of the Umayyad state. [^3] Sharh Nahjol Balagha, vol. 1 p.134.
(325)
objection…”[^1]
70. Inventing the Shura
When Umar was about to die, he invented the Shura to choose the caliph after him. He appointed a committee of six persons pretending that Ali, the Prophet’s brother and guardian, was one of them;
Ali, who was the best of the human beings after the Prophet,
who was the very self of the Prophet (s).
Muhammad and Ali were the two eyes of the world;
one was the right and the other was the left.
Muhammad was the city of knowledge and Ali was its gate
and whoever wanted to come to the city,
had to enter it from its gate.
O my Lord! What was the Shura invented for?! Had he (Ali) been compared with the first one (Abu Bakr) so that he would be compared with these ones and their likes?! Certainly not! But “…a man (Sa’d) listened to his rage and the other (Abdurrahman) sided with his kin (Othman) for this and that.[^2]
This Shura had many bad consequences and evil results that had caused great harm to Islam. Umar had in this Shura contradictories that he would have better not done!
When he (Umar) was stabbed[^3] and he became desperate of remaining alive, he was asked: “Would that you have appointed the caliph after you!” He said: “If Abu Ubayda was alive, I would appoint him a caliph because he was the trustee of this umma[^4] and if Salim, the
[^1] Sharh Nahjol Balagha, vol. 1. [^2] Referring to horrible event that Imam Ali (s) disliked to mention openly. [^3] On Wednesday, four days before the end of Thul Hijja, 23 A.H. and he died three days after that and then he was buried on Sunday. [^4] If Abu Ubayda was the trustee of this umma, then Imam Ali (s) was worthier of the umma than itself as they had known well. Umar himself had congratulated him of that on the day of al-Ghadeer.
(326)
mawla of Huthayfa was alive, I would appointed him a caliph because he was too sincere in his love to Allah.”[^1] His son Abdullah was mentioned to him but he refused to appoint him as the caliph. The companions went out and then they came back to him saying: “O Ameerul Mo'mineen, Would that you have determined a decree!” He said: “I have decided, after my first saying, to entrust your affair with a man, who is the best among you to lead you to the truth” meaning Ali (s). They said to him: “What prevents you from that then?” he said: “I cannot bear it (the caliphate) alive and a dead.” Then he said: “You are to keep to these ones; Ali, Othman, Abdurrahman, Sa’d, az-Zubayr and Talha. They should consult to choose one from among them. If they choose that one as the caliph, then they have to support and assist him.” Then he sent for those six men and said to them: “When I die, Suhayb should lead the people in offering the prayer. You have to deliberate for three days and when the fourth day comes you must have an emir from among you.”
Then he ordered Abu Talha al-Ansari to select fifty men from the Ansar with their weapons to supervise these six men until they should choose one from among them within three days after Umar’s death. He ordered Suhayb to lead the prayers during that time. He ordered the six men to be inside a house under the supervision of Abu Talha with his sword and his armed men. He said to Abu Talha: “When five men agreed on one opinion and the sixth one objected to them, you should split his head with your sword and when four of them agreed and two refused, you should behead them both and if each three of them had an opinion, the caliph should be from the group of Abdurrahman and then you should kill those three if they would refuse to submit but if the three days elapsed while they have not agreed on one yet, you should kill all the six[^2] and let the matter
[^1] I do not think that he has forgotten his coming back with the banner after the coming back of his friend (Abu Bakr) from Khaybar defeated and sorrowful and I do not think that he has forgotten the good news of the Prophet (s) to Imam Ali (s), who has obtained the great victory, nor has he forgotten the saying of the Prophet (s) on that day: “By Allah, I will give the banner tomorrow to a man, whom Allah will grant victory. He loves Allah and His messenger and Allah and His messenger love him.”
[^2] Umar’s slighting the bloods of these men might encourage the killers of Othman to slight his blood and might encourage the Kharijites to slight the bloods of Imam Ali (s) and his companions on the days of al-Jamal, al-Basra, an-Nahrawan and Siffeen
(327)
of the caliphate to the Muslims to elect whoever they liked.” This is the summary of the covenant of the Shura.[^1] If Umar was unwilling to undertake the caliphate as he pretended, then why did he insert himself in what he had fled from and arrange in the worst and most harmful and dangerous way?! He chose six men out of the whole umma and described them with what prevented them from being chosen as caliphs that we have not mentioned here![^2] Then he arranged the matter in a way that it would lead to choose Othman as the caliph in any way and without a bit of doubt![^3] Which bearing (that Umar pretended to refrain from) was more than this?! What was the difference between appointing Othman openly and limiting the matter in a way that would lead to him alone and would kill the rejecters?
Would he have appointed Othman or any one else and not put the slave Suhayb over their heads with Abu Talha and his men with their drawn swords to kill them (Ali and the others) if they opposed that critical plan which Umar had planned to them! If he had entrusted the caliphate to anyone he liked, the umma would not have seen him slight their (these six men’s) bloods and be
when fighting him and killing him later on and encouraged Yazeed to slight the blood of the master of the martyrs Imam Husayn (s) in Kerbala for Umar was the example especially for those people with no doubt!
[^1] Umar’s covenant of Shura in this way as we have summarized is proved by the recurrent traditions that have been mentioned by all the historians and scholars of Hadith. Refer to al-Kamil by ibn al-Atheer, vol.3, the events of the year 23 of hijra, Tareekh al-Umam wel Mulook by by ibn Jareer, the events of 23 A.H., Sharh Nahjol Balagha, vol. 1 p.62 and the rest of the books of history.
[^2] To see how Umar has described them, refer to Sharh Nahjol Balagha, vol.1 p.72 and you will find wonders!
[^3] Therefore Imam Ali (s) said: “It (the caliphate) gone away from us.” His uncle al-Abbas said-as in al-Kamil by ibn al-Atheer and Tareekh al-Umam wel Mulook by ibn Jareer: “…how did you know?” Imam Ali (s) said: “Othman has been compared to me…they are with the majority; if two men will choose a man and the other two men will choose a man, then they will be with the group of Abdurrahman and Sa’d will never object to his uncle Abdurrahman at all and Abdurrahman is the kin of Othman; they will never disagree at all. Even if the other two are with me, they will not avail me.”
(328)
indifferent to shedding their bloods[^1] nor would have the umma seen him despise them by preferring the slave Suhayb to them in offering the prayer of his (Umar’s) funerals and the five daily prayers. As if he was not satisfied with despising and disgracing them when he said: “If Abu Ubayda was alive, I would appoint him a caliph and if Salim was alive, I would appoint him a caliph” preferring them to these six men, among whom was the Prophet’s brother, guardian and heir, Aaron of the umma, the judge, the gate of the house of wisdom, the gate of the city of knowledge and the one who had had the knowledge of the Book; Imam Ali (s).
As for Salim, he was neither from Quraysh nor was he an Arab. He was a foreigner from Istakhr or Karmad. He was a slave owned by Abu Huthayfa bin Utba’s wife, whose name was Thubayta bint Ya’ar bin Zayd bin Ubayd bin Zayd al-Ansari al-Ousi.[^2] The umma had agreed unanimously due to the legal verdicts that imamate would not be permissible for one like Salim,[^3] then how did Umar say: “If Salim was alive, I would appoint him a caliph?”[^4]
This Shura had caused competition and sedition between these six men that led to separation and disagreement among the Muslims for each one of these six men found himself as well-qualified for the caliphate and equal to the others whereas before the Shura (of Umar) they did not think in this way. In fact Abdurrahman was a follower of Othman, Sa’d was a follower of Abdurrahman and az-Zubayr was one of Imam Ali’s followers, who had supported him on the day of the Saqeefa. It was him (az-Zubayr) who had drawn his sword[^5] defending
[^1] In spite of that Allah has strongly prohibited shedding bloods in the clear verses of the Qur'an and it has been prohibited by the prophetic traditions and by the consensus of the umma.
[^2] Al-Istee’ab by ibn Abdul Birr, biography of Salim.
[^3] Many scholars have declared the consensus on this matter such as an-Nawawi in his book Sharh Sahih Muslim, chap. of Imamate.
[^4] They justified that by saying that Umar had said that as an ijtihad by him due to his own opinion. Among those who have mentioned this excuse was ibn Abdul Birr in his book al-Istee’ab. Refer to that to see that they were indifferent to the legal verdicts and the clear texts of Allah and His messenger.
[^5] Abu Bakr Ahmad bin Abdul Aziz al-Jawhari mentioned in his book Kitab as-Saqeefa a long tradition which also has been mentioned by ibn Abul Hadeed in Sharh Nahjol
(329)
Imam Ali (s) and it was him who was among the few ones who had escorted Fatima (s) to her tomb and offered the prayer for her where she had been buried under the darkness of night[^1] according to the will of Fatima (s) herself and it was him who had said during the reign of Umar: “By Allah, if Umar dies, I will pay homage to Ali”[^2] but the Shura made him look forward to the caliphate and so he parted with Ali (s) as the others did. He went to fight against Imam Ali (s) in the battle of al-Jamal (the camel). Abdurrahman bin Ouff himself regretted his doing when he had preferred Othman to himself in the matter of the caliphate and then he parted with him and tried his best to depose him from the caliphate but he did not succeed. And people knew well what Talha and az-Zubayr had done to incite people against Othman and then Aa’isha joined them assisting Talha and hoping that the caliphate might come back to Taym.[^3] She often said: “Kill Na’thal (meaning Othman) for he has disbelieved!”[^4]
Balagha, vol. 2, saying: “Umar with a gang, among whom were Usayd bin Khudhayr and Salama bin Aslam, went to the house of Fatima (s). Umar said to them (to Ali and the companions who were with Ali inside the house): “Come out to pay homage.” They refused to do that and az-Zubayr came out to them with his sword. Umar said: “Arrest the dog!” Salama bin Aslam jumped to him (to az-Zubayr) and took the sword from his hand and threw it against the wall…”
[^1] Imam Ali (s) had lead his few companions in offering the prayer of funerals for Fatima (s) and Abu Bakr had not been allowed (or even informed) to offer the prayer for her. Refer to Sahih of al-Bukhari, vol.2 p.39 and Sahih of Muslim, vol.2 p.72.
[^2] Once Umar said from above the minbar in a long speech he made: “…I have been informed that someone of you has said: “by Allah, if Umar dies, I will pay homage to so-and-so.” Let no one be deceived to say such a thing. By Allah, the homage of Abu Bakr was a slip…but Allah has saved (the umma) from its evil…” Refer to Sahih of al-Bukhari, vol.4 p.119. Al-Qastalani said in his book Irshad as-Sari when explaining this tradition that az-Zubayr bin al-Awwam often said: “If Umar dies, I will pay homage to Ali. The homage of Abu Bakr was a slip but it was accomplished.” This saying reached Umar, who became very angry and then he made that speech. Such was what all the scholars, who had explained Sahih of al-Bukhari, mentioned in their books.
[^3] Taym was the tribe of Abu Bakr, the father of Aa’isha.
[^4] All the historians have mentioned that she had incited people against Othman. One of her coevals blamed her by reciting the following verses of poetry:
The outset is from you and the vicissitudes of time is from you, Storm is from you and rain is from you. (330)
These ones and their followers activated their opposition against Othman until they encouraged the people of Medina and the other countries to revolt against him and then to kill him. When Othman was killed and the people paid homage to Imam Ali (s) to be the caliph, Talha and az-Zubayr were the first ones who had paid the homage but their position in the Shura raised their greediness to the caliphate and made them break their homage to Imam Ali (s) and then to wage a war against him. They (Talha and az-Zubayr) revolted against Imam Ali (s) and Aa’sha joined them hoping that Talha might be the caliph. Bloods were shed in Basra (the battle of al-Jama), Siffeen and an-Nahrawan, fatal seditions spread here and there and bloody wars were waged; all those horrible events were the consequences of Umar’s Shura, which made opponents to Imam Ali (s) competing with him in his right and fighting him to extort this right from him. Moreover, it was this Shura that had incited Mo’awiya to stretch his neck towards the caliphate.[^1] Then Mo’awiya and each one of the men of the Shura became impassable obstacle in the way of Imam Ali (s), who had intended to show the truth and to restore what had been corrupted.
You have ordered the emir to be killed, And said to us that he has disbelieved! Refer to al-Kamil by ibn al-Atheer, vol.3 p.8.
[^1] Abu Othman mentioned in the book of as-Sufyaniyya as I Sharh Nahjol Balagha, vol. 1 p.62 that Ma’mar bin Sulayman at-Tameemi narrated from his father from Sa’eed bin al-Musayyab that ibn Abbas had said: “I have heard Umar saying to the men of the Shura: “If you cooperate, support each other and become loyal to each other, you will eat (obtain) it (the caliphate), you and your progeny but if you envy each other, disagree with each other and hate each other, then Mo’awiya bin Abu Sufyan is to be the caliph over you.” Mo’awiya was the emir of Sham, appointed by Umar, at that time. It is clear that this word has nominated Mo’awiya and encouraged him to ask for the caliphate with all his power and as possible as he could use deceit and trick. When the fate of the caliphate after Umar became in Othman’s hand, it meant that it would become in Mo’awiya’s hand after Othman; therefore Umar had arranged the Shura in a way that it would consequently drive the caliphate to Othman as we have said. In short, Othman, before facing his fate, he had made five persons compete with Imam Ali (s) and fight him to extort his legal right. Othman was not satisfied with this until he incited Mo’awiya to stretch his neck towards the caliphate as it has been clear to the men of understaning.
(331)
The Shura of Umar had incited the umm against Othman[^1] and planted seeds that took roots and grew after the killing of Othman that was an opportunity seized by the people who had fought Imam Ali (s) in al-Jamal, Siffeen and an-Nahrawan.
How odd and wonderful the order of Umar was! He ordered the six men, whom he had nominated for the Shura so that one of them should be elected as the caliph after him, to be killed if they would not achieve his order before the end of the third day after his death!!!
Woe! Could we believe that it was permissible for him (Umar) to kill these six men or any one of them just because of delaying carrying out his order after the third day of his death?! But indeed he had ordered to kill them while he was comfortable and tranquil with that. He had ordered Abu Talha al-Ansari and his men with this order and stressed on them and on Suhayb to execute it.
The Muslims saw and heard, But none denied or felt pain! This was the utmost persistence of Umar. He went on his exaggeration to the farthest point! He knew well the position of these
[^1] On the day of the Shura, Umar had said to Othman: “As if I see that Quraysh has entrusted you with this matter (the caliphate) and then you will make bani Umayya (the Umayyads) and bani Ma’eet over the necks of people and will preferred them to the others with the wealth and then a group of the Arabs will come to you to slaughter you in your bed. By Allah, if they do, you will do, and if you do, they will do.” Then Umar grasped the forelock of Othman and said: “When that occurs, remember my saying. It will take place.” Ibn Abul Hadeed said in Sharh Nahjol Balagha, vol. 1 p.22 after mentioning this tradition: “Our Sheikh Abu Othman has mentioned this tradition in his book as-Sufyaniyya and it has been mentioned by others when talking about the insight of Umar.” This confirms our saying that Umar has intended, out of the caliphate of Othman, to pave the way for Mo’awiya because he knew that Othman would be killed and then the way would be opened for Mo’awiya to reach the caliphate. In fact the very caliphate of Othman would take Mo’awiya to the throne!
The outset is from you and the vicissitudes of time is from you, Storm is from you and rain is from you. You have ordered the emir to be killed, And said to us that he has disbelieved!
(332)
six men more than any other one of the companions and he witnessed then that the Prophet (s) died while he had been pleased with them.
Among the six there was one, who was the brother of the Prophet (s) and who was to the Prophet (s) as Aaron was to Moses but he was not a prophet. He was the vizier and the guardian of the Prophet (s). He was the father of the two grandsons of the Prophet (s). He was the hero of Badr, Uhud and Hunayn and he was the one who had the knowledge of the Book. Umar had better avoid exposing this great man and the rest of the six to this danger and to this meanness and disgrace! He could entrust the matter with no one and he would let the Muslims choose whomsoever they liked and then he would be truthful in his saying: “I cannot bear it alive and dead.”
Or he could appoint Othman as the caliph openly as Abu Bakr had appointed him (Umar) before and so he would be frank in what he had intended to do with no deceit or trickery for he had arranged the matter of the Shura in a way that it must lead to the caliphate of Othman definitely. Umar had not preferred Abdurrahman to the other five ones, unless he knew that this would affect the matter and he knew that Sa’d would not object to Abdurrahman at all.
People knew this trick of Umar even if he thought that he had blinded the matter and said: “I do not bear it alive and dead.”
What did the Muslims think if the Prophet (s) heard Umar ordering Abu Talha by saying to him: “When five men agreed on one opinion and the sixth one objected to them, you should split his head with your sword and when four of them agreed and two refused, you should behead them both and if each three of them had an opinion, the caliph should be from the group of Abdurrahman and then you should kill those three if they would refuse to submit but if the three days elapsed while they have not agreed on one yet, you should kill all the six”? O Muslims, be liberal in your opinions and say what you think! We are Allah’s and to Him we shall return!