Al-nass Wel-ijtihad

(Part 5)

Part 5

his companions: Do not answer him![1] Abu Sufyan said: O Umar, I adjure you by Allah, have we killed Muhammad? Umar said: By Allah, no, you have not. He is hearing your speech.[2]

Umar preferred his opinion in answering Abu Sufyan to the order of the Prophet (s) when forbidding them from answering Abu Sufyan.

52. Spying although prohibited

Allah has said: O you, who believe, avoid most of suspicion, for surely suspicion in some cases is a sin, and do not spy nor let some of you backbite others. Does one of you like to eat the flesh of his dead brother? But you abhor it; and be careful of (your duty to) Allah, surely Allah is Oft-returning (to mercy), Merciful. Qur'an, 49:12

The Prophet (s) has said: Avoid suspicion! Suspicion is the falsest speech. Do not spy on each other, do not hate each other, do not envy each other and do not desist each other. Be brothers

But Umar, during his rule, found that spying brought benefits and goodness to the state. He patrolled at night and spied at day. One night, while he was patrolling in Medina, he heard a man singing in his house. He climbed the wall of the mans house. He found that there was a woman with him and a bottle of wine. He said to the man: O enemy of Allah, have you thought that Allah protects you while you are disobeying Him? The man said: O Ameerul Momineen, do not hasten! If I have committed one sin, you have committed three sins; Allah has said: (do not spy) but you have spied, and He has said: (and go into the houses by their doors) but you have climbed the wall and He has said: (when you enter houses, greet each other) but you have not greeted us. Umar said: Would you do me good if I forgive you? The man said: Yes, I would. Then Umar

[1] Ibn Jareers Tareekh, Ibnul Atheers Tareekh, Ibn Sads Tabaqat, al-Halabis Seera, ad-Dahlanis Seera, al-Bidayeh wen-Nihayeh by Abul Fida and all the books of history that have recorded the events of the battle of Uhud.
[2] As if the Prophet (s) was not safe from Abu Sufyan and his men to attack him if they knew that he was still alive; therefore he ordered his companions not to answer Abu Sufyan and as if Umar, when answering Abu Sufyan, was not afraid and did not think that the caution of the Prophet (s) was justifiable!

forgave him and went out.[1]

As-Sadiy said: One night Umar went out with Abdullah bin Massood. He saw a light of fire. He (with ibn Massood) followed the light until he entered the house. There was a lamp inside the house. He came in and left Abdullah bin Massood in the courtyard. There was an old man drinking wine and there was a songstress singing for him. Suddenly Umar attacked the old man saying to him: I have never seen a scene uglier that a scene of an old man waiting for his end! The old man raised his head and said: In fact, your doing is uglier than what you have seen from me; you have spied whereas Allah has prohibited spying and you have entered the house with no permission. Umar said: You are right. Then he went out biting his garment, crying and saying: May Umars mother lose him!The old man avoided to attend the meetings of Umar for some time. One day while Umar was sitting in his meeting, the old man came hiding himself not to be seen by Umar and he sat at the end of the meeting. Umar saw him and asked some of his companions to bring him. The old man thought that Umar would scold him. Umar said to him: Come near to me! Umar still asked him to be nearer until he seated him beside him. Umar said to the man: Bring your ear near to me! He said to him: I swear by Him, Who has sent Muhammad with the truth, that I have not told any one of people about what I have seen from you even ibn Massood, who was with me[2]

Ash-Shibi said: Once Umar missed one of his companions. He said to ibn Ouff: Let us go to the house of so-and-so. They went there and found that the door of his house was open while he was sitting and his wife was pouring something into a cup and giving it to him to drink. Umar said to Ibn Ouff: It is this thing that has kept him away from us! Ibn Ouff said: How do you know what there is in the cup? Umar said: Do you fear that this may be spying? Ibn Ouff said: Yes, it is spying. Umar said: Then how do we repent of this? Ibn Ouff said: Do not make him know that you have seen what he has

[1] Makarim al-Akhlaq by al-Kharaity, Kanzol Ummal, vol. 2 p.167, Sharh Nahjol Balagha, vol. 3 p.96, Ihyaul Uloom by al-Ghazali, p.137.
[2] Al-Qat wes-Sariqa (cut and theft) by Abu al-Sheikh, Kanzol Ummal, vol.2 p. 141.

done!!...[1]

Al-Musawwir bin Makhrama narrated from Abdurrahman bin Ouff that one night he (Abdurrahman) and Umar were patrolling in Medina. While they were walking, a lamp was lit in one of the houses. They went towards the house and found the door closed. There were some people inside the house making loud noises. Umar took Abdurrahmans hand and said to him: This is the house of Rabeea bin Umayya. They are drinking wine now. What do you think to do? Abdurrahman said: I think that we have done what Allah has prohibited; we have spied. Then Umar went away and left them alone.[2]

Tawoos said: One night Umar went out patrolling. He passed by a house, in which there were some people drinking wine. He shouted at them (from outside): Are you committing sins? Some of them said to him: Allah has forbidden you from doing this! He went back and left them alone.[3]

Abu Qulaba said: Umar narrated that Abu Mihjan ath-Thaqafi drank wine in his house with his friends. One day Umar broke into Abu Mihjans house. Abu Mihjan said to him: O Ameerul Momineen, this is not permissible to you. Allah has forbidden you from spying. Umar asked Zayd bin Thabit and Abdurrahman bin al-Arqam and they said to him: He is right, O Ameerul Momineen. Umar went out and let him alone.[4]

He, who followed the traditions about Umars spying, will find clearly that spying has been a part of his policy. As if he thought that legal penalties would be annulled when the ruler committed mistakes; therefore he did not punish any one of those sinful people. Yet he did not harm any one of them. We do not know how he was satisfied to finish his spying in this way without any effect on those

[1] Kanzol Ummal, vol. 2 tradition no.3694.
[2] Narrated by Abdurrazaq, Abd bin Hameed and al-Kharaity in Makarim al-Akhlaq, Kanzol Ummal, vol.2 tradition no.3693, Mustadrak of al-Hakim, vol.4 p.377, Talkhees of ath-Thahabi.
[3] Kanzol Ummal, vol. 2 p.141.
[4] Ibid.

sins! He encouraged the sinners to commit more sins when they saw this leniency of their imam!!

53. Legislating a limit to womens dowries

The dowry of a woman must be from among what a Muslim man has possessed; such as material properties, religious things or some kinds of services. Deciding that belongs to the spouses themselves whether it is much or little on condition that it has not to be too little that it may have no value such as a grain of wheat for example. It is desirable that it has not to be more than the expense of a year which is about five hundred dirhams.[1]

Once Umar decided to prohibit the excessiveness in womens dowries in order to make marriages easy to keep the youths away from adultery and sins. One day he made a speech on this matter. He said through his speech: If I am informed that a dowry of a woman exceeds the dowries of the wives of the messenger of Allah, I will get that back from her. A woman got up and said to him: Allah has not left that to you to decide on it. Allah has said: And if you wish to have (one) wife in place of another and you have given one of them a heap of gold, then take not from it anything; would you take it by slandering (her) and (doing her) manifest wrong. And how can you take it when one of you has already gone in to the other and they have made with you a firm covenant. Qur'an, 4:20-21 He changed his mind and gave up his decision saying: Do you not wonder at an imam, who has mistaken, and at a woman, who has been right? She vied with your imam and defeated him.[2]

In another tradition Umar said: Every one is more aware than Umar. You hear me saying like this and you do not deny that of me until a woman, who is not more aware than your women, refute me.[3]

In another tradition it has been said: A woman got up and said: O ibn al-Khattab, Allah gives us and you deprive us of (our rights) and

[1] According to the value of that time.
[2] Sharh Nahjol Balagha, vol. 3 p.96 and mentioned by other historians and scholars of Hadith.
[3] Az-Zamakhshari in his Kashshaf when interpreting the mentioned verse.

she recited the mentioned above verse. Umar said: All the people are more aware than Umar. Then he gave up his decision.[1]

The defenders of Umar justified this event as evidence on his fairness and confession! And how many such cases he had with men and women showing his fairness and confession whenever he admired a saying or a doing!

As it has happened to him with the Prophet (s) when he had been asked about some things he disliked. Al-Bukhari mentioned that Abu Musa al-Ashary had said: One day the Prophet (s) had been asked about some things he disliked for they did not concern reasonable people nor were they among the matters that the prophets had been sent to explain. When his companions asked him many such questions, he became angry for they insisted on silly things which had no use to them. Then he said to them: Ask me as if he found that they became ashamed or shy because they made him angry and so he wanted to ease them and to show them his mercifulness by saying to them ask me. Abdullah bin Huthafa asked him: O messenger of Allah, who is my father? The Prophet (s) replied: Your father is Huthafa. Another one, who was Sad bin Salim, asked him: O messenger of Allah, who is my father? The Prophet (s) said: Your father is Salim the mawla of Abu Shayba. They asked the Prophet (s) such questions because people had suspected their lineage. When Umar saw that the Prophet (s) was very angry, he said: O messenger of Allah, we repent of whatever makes you angry.

Umar became pleased when the Prophet (s) approved that Abdullah was the son of Huthafa and Sad was the son of Salim as their mothers had claimed.

[1] At-Tafseer al-Kabeer by ar-Razi, vol.3 p.175. Ar-Razi had a stumble in his speech when talking about this verse. He said: I think that the verse has no evidence showing that exceeding in dowries is permissibleto the last of his crooked speech, in which he wanted to refute the woman in order to defend Umar but he complicated the situation unknowingly. Refer to Tareekh Umar bin al-Khattab by Abul Faraj al-Jawzy, p.150. it has a tradition narrated by Abdullah bin Musab and another one narrated by ibn al-Ajda showing the speech of Umar, in which he has decided to prohibit the exceeding dowries and the refutation of the woman which has led Umar to give up his decision after confessing that the woman was right.

Al-Bukhari also mentioned in his Sahih that Abdullah bin Huthafa had asked the Prophet (s) who his father was and the Prophet (s) had said to him that his father was Huthafa.

Muslim mentioned in his Sahih: Abdullah bin Huthafa was ascribed to other than his real father. When his mother heard about his question to the Prophet (s) about his real father, she said to him: I have never seen a son more undutiful than you! Have you believed that your mother has committed what the women of the pre-Islamic age had been used to commit so that you expose her before people?

When Umar heard the answer of the Prophet (s) to Abdullah, he knelt down before the Prophet (s) and said admiring the answer of the Prophet (s) that approved the claim of Abdullahs mother: We have been satisfied with Allah as god, Islam as a religion and Muhammad as a prophet.[1] Umar said that joyfully because the Prophet (s) had covered many mothers, who had committed adultery in the pre-Islamic time; nevertheless believing in Islam cancelled (forgave) the sins committed before.

54. Changing legal penalties

Once the slaves of al-Hatib bin Baltaa had participated in stealing a camel of a man from the tribe of Merina. They were brought before Umar and they confessed that they had done that. Umar ordered Katheer bin as-Salt to cut their hands. When they were taken to be punished, Umar brought them back and sent for their masters son Abdurrahman bin Hatib and said to him: I swear by Allah, unless you have employed them and left them hungry, I would have cut their hands. By Allah, since I have not done so, I will impose a fine on you that will make you suffer much[2]

Umar, when not punishing the stealing slaves, might think that they were obliged, because of hunger, to steal the camel to satisfy their hunger and so they might be among those whom the Quranic verse had talked about: But he who is driven by necessity, neither craving

[1] Al-Bukhari's Sahih, vol. 1 p.19.
[2] Alam al-Muwaqqieen, p.32, Fajr al-Islam by Ahmad Ameen, p.287, al-Isaba by ibn Hajar, vol.2 biography of Abdurrahman bin Hatib.

nor transgressing, it is no sin for him. Qur'an, 2:173

But they confessed the theft and they did not claim that necessity had driven them to do that. And if they had claimed that, then the ruler would have to ask them for what must prove their claim, but Umar did not do save pitying them and being severe to Abdurrahman bin Hatib. We do not know how Umar has known that the masters left their slaves hungry that they were obliged to steal!

55. Taking non-legislated ransom

Once some people of Yemen came to Abu Kharash al-Huthali, the companion and the poet, as guests during the season of hajj. He took his water skin and went in the night to bring them some water. On his way back, he was stung by a snake before reaching his guests. He hastened to them, gave them the water and said to them: Cook your sheep and eat it! He did not tell them what had happened to him. When the morning came, Abu Khurash was dead. They buried him before they left.

When the news reached Umar, he became very angry and said: Had it not been for a sunna (rite), I would have ordered that no Yemenite would be received at all and I would have written to all the countries about that. Then he wrote to his emir on Yemen ordering him to arrest the men, who had been the guests of Abu Khurash al-Huthali, to take ransom from them for Abu Khurash and to punish them with severe punishment for their doing!!![1]

56. Penalty of adultery

Ibn Sad mentioned in his Tabaqat[2] that once Burayd had come to Umar and scattered his quiver. A piece of paper appeared from the quiver. Umar took it and read it. It had some verses of poetry.

He said to his companions: Send for Jada from the tribe of Sulaym. When Jada came, Umar whipped him one hundred whips after tying him and he forbade him from visiting any woman, whose husband was absent.

[1] Al-Isteeab by ibn Abdul Birr, Hayat al-Hauwan by ad-Dimyari, chap. of snake.
[2] Vol.3 p.205.

There was no evidence on punishing this man due to these verses of poetry, which no one knew who had composed. They just instigated the caliph against Juda by claiming that he had committed sins against young girls from the tribes of Sad bin Bakr, Sulaym, Juhayna and Ghifar by tying them and trying to violate their honors. This was all what had been ascribed to Juda in these verses of poetry. Even if it was proved to be true, it would not be enough to punish the man with that legal penalty. Yes, it required him to be scolded and censured. What the caliph did might be of this kind but what difference was between what he had done with this man and what he had done with al-Mugheera bin Shuba that you will see soon inshallah.

57. Canceling the penalty of al-Mugheera

Al-Mugheera bin Shuba had committed adultery with some married women such as Umm Jameel bint Amr from the tribe of Qayss and this event was one of the most famous events in the history of the Arabs. It was in the seventeenth year of hijra. All the historians, who had recorded the events of that year, had mentioned this event in their books. Abu Bakra,[1] who was one of pious companions of the Prophet (s) and one of the keepers of the prophetic traditions, Nafi bin al-Harith, who was also one of the Prophets companions, and Shibl bin Mabad had witnessed against al-Mugheera in this case. The witness of these three men was clear and certain that they had seen al-Mugheera doing his sin with their eyes but when the fourth witness, Ziyad bin Sumayya, came to witness, the caliph made him understand that he intended not to disgrace al-Mugheera and then he asked him about what he had seen. He (the fourth witness) said: I heard fast breathing and I saw him sleeping on her abdomen. Umar asked him: Did you see him inserting his () into her () and taking it out like a stick in a kohl jar? He said: No, but I saw him lifting her legs and I saw his testicles swaying between her thighs. I saw strong motivation and heard loud breathing. Umar asked: Did you see him inserting his () and taking it out like a stick in a kohl jar? He said: No, I did not. Umar said: Allah is great! O

[1] not Abu Bakr.

Mugheera, get up and beat them! He executed legal penalties against the three witnesses.

Here are the details of this event as Judge Ahmad ibn Khillikan has mentioned in his book Wafiyyat al-Ayan. He said: As for the matter of al-Mugheera bin Shuba and the witness against himUmar had appointed al-Mugheera bin Shuba as the emir of Basra. He often left Darul Imara (the rulers office) at midday and Abu Bakra often met him and asked him: Where is the emir going?! He said: To do something. Abu Bakra said: The emir is visited and he does not visit! He often went to a woman called Umm Jameel bint Amr, whose husband was al-Hajjaj bin Utayk bin al-Harith bin Wahab al-Jashmiwhile Abu Bakra and his brothers Nafi, Ziyad and Shibl bin Mabad, the sons of Symayya, were in their room and Umm Jameel bint Amr was in the opposite room, the wind opened the door of Umm Jameels room and they saw al-Mugheera and the woman in a state of making love. Abu Bakra said: It is an ordeal that you are afflicted with! Look! They looked until they became certain of what al-Mugheera and the woman had done. Abu Bakra sat out waiting until al-Mugheera came out. He said to him: Since you do so, then you have to retire from the emirate! Al-Mugheera went to lead the people in offering Dhuhr Prayer and Abu Bakra went there too. Abu Bakra said to al-Mugheera: By Allah, you do not lead us in the prayer after you have done your sin! The people said: Let him lead us in the prayer for he is the emir and you write to the caliph Umar about that. They wrote to Umar and he ordered them all; al-Mugheera and the witnesses to come to him. When they came, Umar sat in his meeting and sent for the witnesses and al-Mugheera. Abu Bakra advanced and Umar asked him: Did you see him between her thighs? Abu Bakra said: Yes, by Allah, as if I saw clefts of smallpox on her thighs! Al-Mugheera said to him: You were very accurate in your look! Abu Bakra said: Yes, I wanted to be certain of what Allah would disgrace you with. Umar said to Abu Bakra: No, until you witness that you have seen him inserting his () in her () like a stick in a kohl jar. Abu Bakra said: Yes, I witness of that. Umar said: O Mugheera, a quarter of you has gone! Then Umar called for Nafi and asked him: What do you witness of? He said: I witness of what Abu Bakra has witnessed of. Umar said: No, until you

witness that you have seen him doing with her as a stick in a kohl jar. He said: Yes, until he reached the top. Umar (may Allah be pleased with him) said to al-Mugheera: Your half has gone! Then Umar called for the third witness and asked him: What do you witness of? He said: Like the witness of my two companions. Umar said to al-Mugheera: Three thirds of you have gone! Then Umar wrote to Ziyad who was absent. When Ziyad came, Umar held his meeting in the mosque. The heads of the Muhajireen and the Ansar attended the meeting. When Umar saw Ziyad coming, he said: Come to me! I see a man that Allah will not disgrace a man of the Muhajireen via his tongue! Then Umar (may Allah be pleased with him) raised his head towards him and said: What do you have with you, O you droppings of bustards? It was said that al-Mugheera had got up to Ziyad and Ziyad said: No cache for a perfume after a bride! Al-Mugheera said to him: O Ziyad, remember Allah and remember the Day of Resurrection. Allah, His Book, His messenger and Ameerul Momineen have spared my blood except if you say what you have not seen. Let not a bad scene lead you to say what you have not seen. By Allah, if you were between my abdomen and her abdomen, you could not see my () going into her (). Ziyads eyes began shedding tears and his face became reddish. He said: O Ameerul Momineen, I have not seen exactly what the others have seen but I saw a state of making love and I heard fast breathing and I saw him sleeping on her abdomen. Umar (may Allah be pleased with him) asked him: Did you see him inserting it as a stick in a kohl jar? He said: No, I did not. It was said that Ziyad had said: I saw him lifting her legs and saw his testicles swaying between her thighs then I saw strong motivation and I heard loud breathing. Umar said: Did you see him inserting it like a stick in a kohl jar? He said: No. Umar said: Allah is great! O Mugheera, get up and beat them! Al-Mugheera whipped Abu Bakra eighty whips and then he whipped the rest. Umar admired the saying of Ziyad and so he cancelled the legal penalty of al-Mugheera. Abu Bakra said after he had been whipped: I wtness that al-Mugheera has done so and so. Umar intended to whip him again but Ali bin Abu Talib said to him: If you whip him, then you have to stone your friend (al-Mugheera). Umar left Abu Bakra alone and asked him to repent. Abu Bakra said: You ask me to repent just to accept my witness. Umar said: Yes.

 Abu Bakra said: I will never witness between two persons as long as I live. When the witnesses were whipped, al-Mugheera said: Praise be to Allah Who has disgraced you. Umar said: Allah disgraced a place, in which they saw you.

Umar bin Shayba mentioned in his book Akhbar al-Basra (the news of Basra) that when Abu Bakra had been whipped, his mother slaughtered a sheep and put its skin on Abu Bakras back because, as it was said, that he had been whipped too severely. Abdurrahman bin Abu Bakra said that his father, Abu Bakra, had taken an oath that he would never talk with Ziyad as long as he lived. When Abu Bakra was about to die, he recommended that no one would offer the prayer (after his death) for him except Abu Barza al-Aslami, whom the Prophet (s) had associated as a brother with Abu Bakra. When Ziyad heard of that, he left to Kuffa. As for al-Mugheera bin Shuba, he was grateful to Ziyad and he did not forget his favor.

Once Umm Jameel came to Umar bin al-Khattab during the season of hajj while al-Mugheera was present. Umar asked al-Mugheera: O Mugheera, do you know this woman? He said: Yes, she is Umm Kulthoom bint Ali. Umar said to him: Do you confuse me? By Allah, I do not think that Abu Bakra has told a lie when he witnessed against you and I found that you were afraid that I would stone you with stones from the heaven!

Sheikh Abu Isshaq ash-Shirazi said in his book al-Muhaththib: and three men witnessed against al-Mugheera; Abu Bakra, Nafi and Shibl bin MabadZiyad said: I saw buttocks rising and two legs as if they were two ears of a donkey and I heard loud breathing but I did know what there was behind them. And then Umar whipped the three witnesses and he did not punish al-Mugheera. The jurisprudents discussed the saying of Ali (may Allah be pleased with him) to Umar if you whip him, you have to stone your friend. Abu Nasr bin as-Sabbagh said: He wanted to say to Umar that if this saying was as another witness then the number of witnesses would be completed (four witnesses) otherwise you have whipped him for his first witness) and Allah is more aware!

This is the end of Ibn Khillikans saying about this tragedy and its concerns. Refer to Wafiyyat al-Ayan, vol.2, biography of Yazeed bin

Ziyad al-Himyari.

Al-Hakim mentioned this event in his Mustadrak, vol.3 p.448, biography of al-Mugheera. Ath-Thahabi mentioned it in his Talkhees al-Mustadrak and all the historians, who have mentioned the biographies of al-Mugheera, Abu Bakra, Nafi and Shibl bin Mabad and the historians, who have recorded the events of the seventeenth year of hijra, mentioned the details of this event.

58. His severity to Jabala bin al-Abham

Once a delegation of five hundred knights from Akk and Jafna came on their trotting Arab horses wearing garments brocaded with gold and silver and at the head of them was Jabala, who had put on his head his crown on which was the earring of his grandmother Maria. They all became Muslims and the Muslims became too delighted and pleased with them and with their followers who would join them. Jabala and his companions attended the season of hajj with the caliph since their first year of being Muslims. While Jabala was circumambulating the Kaaba, a man from Fazara trod on his loincloth and untied it. Jabala slapped the man. The man resorted to Umar. Umar ordered Jabala either to let the man slap him or to content the man. Umar was too strict in his order until Jabala became desperate. When the night came, Jabala and his companions left towards Constantinople and they all became Christians unwillingly. They found favor with Hercules and got honor and magnificence above what they wished.[1] In spite of all that, Jabala often cried regretting what he had missed of the religion of Islam. He had composed the following verses of poetry:

The honorables became Christians because of a slap,

There would be no harm if you were a little patient!

I was encircled with obstinacy and zeal,

And I sold the sound eye for one-eyedness.

Would that my mother had not begotten me!

[1] Al-Iqd al-Fareed by ibn Abd Rabbih al-Andalusi, vol.1 p.187, Arabic Lessons for secondary schools, vol.1 p.62 edition of al-Kashshaf Press, Beirut, quoted from al-Aghani by Abul Faraj al-Isfahani.

Would that I had gone back to the people that Umar said!

Would that I grazed cattle in a desert!

Or I was a captive in Rabeea or Mudhar!

I said: would that the caliph had not driven this Arab emir and his people away even if he would have tried every means to content that man of Fazara whether the emir would know or would not know! It was too far that Umar would do such a thing!

Umar wanted to break the pride of Jabala from the first occasion! And this was his wont with every noble and honorable one! This is well known by the men of understanding who have studied his conducts.

You have seen above his severity to Khalid whereas he was from his relatives.

How difference there was between his two days; his day with his friend al-Mugheera when he cancelled his due punishment for adultery and his day with Khalid when he insisted on stoning him and if Abu Bakr was not there Khalid would have been stoned. The strength and vanity of Khalid led Umar to be too severe to him. The same was with Jabala; the pride and nobility of him led Umar to be very severe to him too unlike al-Mugheera, who was more obedient to Umar than his shadow and who was meaner than his shoes in spite of his cunning and tricking; therefore Umar kept him despite his lewdness.

The policy of Umar required terrifying the citizens by being severe to the honorable and proud people like Jabala and Khalid. He might have terrified the citizens by punishing his close relatives as he had done to his son Abu Shahma and Umm Farwa, Abu Bakrs sister and he might have done that with those who had no benefit to him whether in politics or other things as he had done to Jada as-Salami, Dhabee at-Tameemi, Nasr bin Hajjaj, his cousin Abu Thuayb, the poor Abu Hurayra and their likes.

He kept to austerity in his food, abode and sumpter. He was patient towards desires and he refrained from pleasures. He was satisfied with subsistence. He spread the booties among the umma openhandedly without preferring himself or his family to the others.

He enriched the treasury. He was too strict in punishing his officialsand many things like that which helped him to drive the umma with his stick, to shut up the tongues and to bridle the mouths. No one of his officials had escaped his punishment save Moawiya despite the differences between them. He had never punished Moawiya nor had he blamed him for anything. He had left him free doing whatever he liked. He said to him: I neither order you nor I forbid you. He, who knew Umar, would know that he had preferred Moawiya for something in his mind!

59. His severity to Abu Hurayra

Umar had appointed Abu Hurayra as the wali of Bahrain in the year twenty-one of hijra. In the year twenty-three he deposed him and appointed Othman bin Abul Aass ath-Thaqafi instead of him. The caliph not only deposed Abu Hurayra but also he saved from him ten thousand dinars for the treasury, alleging that he had stolen them, which they were of the Muslims. It was a famous case. Ibn Abd Rabbih al-Maliki mentioned (in his book al-Iqd al-Fareed, in the first pages of vol. 1) that the caliph Umar had sent for Abu Hurayra and said to him: You know well that I had appointed you as the wali of Bahrain and you were barefooted and now it came to my ears that you have bought horses for one thousand and six hundred dinars. Abu Hurayra said: We had some horses that bore and gifts that cumulated. The caliph said: I counted your livelihood and income and I found that it is over than yours and you have to return it. Abu Hurayra said: You cannot do that. Umar said: Yes, I can and I will beat you on the back. Then Umar got up and beat him with his stick[1] until he wounded him and said to him: Pay the money back. Abu Hurayra said: Exempt me for the sake of Allah. Umar said: That would be if it was halal (permissible) and that you paid it back obediently. Have you come from the farthest lap of Bahrain with peoples taxes to be in your pocket, neither for Allah nor for the Muslims? Umayma[2] has begotten you just to graze donkeys.

[1] A dry bunch of dates he was used to hold in his hand.
[2] Umayma was Abu Hurayras mother. This word of the caliph was among the worst words of abuse.

Ibn Abd Rabbih mentioned that Abu Hurayra had said: When Umar deposed me in Bahrain, he said to me: O enemy of Allah and enemy of His Quran, did you steal the wealth of the Muslims? Abu Hurayra said: I am not an enemy of Allah or His book, but I am an enemy of your enemies. I did not steal the wealth of the Muslims. Umar said: Then how did you get ten thousand dinars? He said: We had some horses that bore, gifts that cumulated and shares that multiplied. Umar took the money from me but when I offered the Fajr (dawn) prayer, I asked Allah to forgive him. This tradition was also mentioned by Ibn Abul-Hadeed in his book Sharh Nahjul-Balagha, vol. 3,[1] and was mentioned by Ibn Sad in his book at-Tabaqat al-Kubra (Abu Hurayas biography)[2] narrated by Muhammad bin Seereen that Abu Hurayra had said: Umar said to me: O enemy of Allah and enemy of his Quran, did you steal the wealth of the Muslimsetc. Ibn Hajar mentioned this tradition in his book al-Issaba but he modified it and changed the truth in a way dissented from all the others in order to purify the fame of Abu Hurayra. But he forgot that he defamed the man, who beaten Abu Hurayra on the back, taken his money and deposed him.

60. His severity to Sad bin Abu Waqqas

Umar had appointed Sad bin Abu Waqqas as the emir of Kufa and then he had been informed that Sad concealed himself in his palace from people. Umar sent for Muhammad bin Maslama and said to him: Go to Sad in Kufa and burn down his palace over him and do not do anything until you come back to me! Muhammad went to Kufa and set fire to the palace in order to surprise Sad. Sad came out saying: What is this? Muhammad said: This is the determination of the caliph. He left it until it was burnt down and then he left to Medina.

61. His severity to Khalid bin al-Waleed

When Khalid was the emir of Qinnisreen (by Umar), al-Ashath bin Qayss asked him for some gift. Khalid gifted him with ten thousand

[1] p.104, edition of Egypt.
[2] Vol.4, p.p.90.

(dirhams or dinars). Umar knew about that where nothing of Khalids deeds was unknown by Umar. Umar sent for the mailman and he wrote with him to Abu Ubayda, his emir on Hims (in Syria): Make Khalid stand on one leg, tie the other with his turban and put his cap off in public before the officials of the state and notable people until he tells you where from he has gifted al-Ashath. If it is from his own money, this will be wasting and Allah does not like the wasters and if it is from the wealth of the umma, this will be treason and Allah does not like the traitors. Depose him in any case and join his job to yours. Abu Ubayda wrote to Khalid and Khalid came to him. Then he gathered the people and he sat on the minbar in the great mosque. The mailman got up and asked Khalid where he had gifted al-Ashath from. Khalid did not answer while Abu Ubayda was silent saying nothing. Bilal al-Habashi got up and said: Ameerul Mo'mineen (Umar) has ordered of so and so He took off Khalids turban and cap, made him stand up and tied his leg with his turban and then he asked him: Wherefrom have you gifted al-Ashath? Is it from your money or from the money of the umma? He said: From my money. He set Khalid free and put the cap and the turban on his head again with his hands saying: We obey our guardians, glorify them and serve them. Khalid remained confused. He did not know whether he had been deposed or not because Abu Ubayda did not tell him of that for he respeted him and glorified him. When Khailds coming to Umar delayed, he gussed what had happened so he wrote to Khalid: You are deposed. Withdraw from the emirate! After that Umar had not entrusted Khalid with any position until he died.

62. 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

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 Umars 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.

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 Umars 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 Shahmas 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 (Umars 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 sons 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

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 Isteeab, 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.

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 Prophets tribe.
[2] He was Umar bin al-Khattab undoubtedly.

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 Quranic 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-Thalabi 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] Thakhair al-Uqba by Muhibuddeen at-Tabari.
[2] Vol.2 p.842.

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.

68. His indulgence to Moawiya

Umar let Moawiya, 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 Moawiya 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 Moawiya 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 Allahs 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 Fawaid:[1] Once Umar has ordered a pregnant women to be stoned. Maath 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 Maath. Were it not for Maath, 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 Maath bin Jabal.
[2] Vol.4 p.389.

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 Maath 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 Umars 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;

Fourth: Ibn al-Qayyim mentioned in his book at-Turuq al-Hakamiyya fee as-Siyasa ash-Shariyya (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 fathers 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-Shariyya by ibn al-Qayyim, p.53.
[2] Ibid. p.55.
[3] p.285, quoted from the book Alam al-Muwaqqieen.

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 Sanaa 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 Alis 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 Madhoon. 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.

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 womans 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-.

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 rakas 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, Sad bin Abu Waqqass when he ordered to burn down his palace. Once again he beat Sad with his stick when Sad competed with people to reach him. Once again he (Umar) saw some

[1] vol.1 p.190.

people following Ubayy bin Kab 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 Kab, 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 Aaisha, began crying for him. He did pay no attention to her position that she was the aunt of Aaisha 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.

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 Prophets 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 (Sad) 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.

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, Sad, 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 Umars 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] Umars 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

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 mens) 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] Umars 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 methey 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 Sad 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.

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 (Umars) 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 Prophets 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 Utbas wife, whose name was Thubayta bint Yaar 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, Sad was a follower of Abdurrahman and az-Zubayr was one of Imam Alis 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-Isteeab 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-Isteeab. 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

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 Aaisha joined them assisting Talha and hoping that the caliphate might come back to Taym.[3] She often said: Kill Nathal (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 slipbut 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 Aaisha.
[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.

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 Aasha 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 Umars 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 Moawiya to stretch his neck towards the caliphate.[1] Then Moawiya 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 Mamar bin Sulayman at-Tameemi narrated from his father from Saeed 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 Moawiya bin Abu Sufyan is to be the caliph over you. Moawiya was the emir of Sham, appointed by Umar, at that time. It is clear that this word has nominated Moawiya 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 Othmans hand, it meant that it would become in Moawiyas 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 Moawiya to stretch his neck towards the caliphate as it has been clear to the men of understaning.

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 Maeet 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 Moawiya because he knew that Othman would be killed and then the way would be opened for Moawiya to reach the caliphate. In fact the very caliphate of Othman would take Moawiya 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!

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 Sad 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 Allahs and to Him we shall return!