Al-nass Wel-ijtihad

(Part 3)

Part 3

prohibited it! Abdullah bin Umar said: Do you see that if my father has prohibited it and the messenger of Allah (s) has practiced it, we should follow my father or follow the messenger of Allah (s)? the man said: We should follow the messenger of Allah (s). Abdullah bin Umar said: The messenger of Allah (s) has practiced it. There are many other true traditions in the books of Hadith denying this act of Umar (when prohibiting the pleasure of hajj).
In the Farewell Hajj (the last hajj of the Prophet (s)) there was a clear evidence on this matter. Refer to Sahih of Muslim[1] to see that the Prophet (s) had announced it before more than one hundred Muslims; men and women of the umma, who had come from different countries to offer the hajj with the Prophet (s). When the Prophet (s) announced that, Suraqa bin Malik bin Khatham got up and asked: O messenger of Allah, is this pleasure for this year only or forever? The Prophet (s) interlaced his fingers and said: Umra has entered into the hajj, umra has entered into the hajj forever, forever.
Imam Ali (s) came from Yemen (during the season of the hajj) and found that Fatima (s) had put off her ihram and put on colored clothes and darkened her eyes with kohl. He denied that. She said: My father has ordered me to do that. Imam Ali (s) went to the Prophet (s) asking him about the matter. The Prophet (s) said: She is true. She is true
 

22. Temporary marriage

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

[1] vol.1 p.157.

them; the pleasure of the hajj and temporary marriage.[1]
Allah has permitted temporary marriage when He said in the holy Qur'an: Then as to those whom you profit by, give them their dowries as appointed. Qur'an, 4:24 Kinds of marriage in Islam are four. Allah has legislated them in four verses in the sura of an-Nissa (women). We have detailed them in our book about temporary marriage.
As for the true traditions about temporary marriage, they are too many and they have been mentioned in all books of Hadith.
Muslim mentioned in his Sahih[2] a tradition narrated by Abu Nadhra saying: Ibn Abbas often permitted practicing temporary marriage while ibn az-Zubayr forbade it. This was mentioned to Jabir bin Abdullah. He said: It has occurred before me. We often practiced temporary marriage during the time of the messenger of Allah but when Umar became the caliph,[3] he said: Allah has permitted to His messenger as He liked by His will.[4] Complete the hajj and the minor hajj and avoid temporary marriage. Whoever practices temporary marriage I will stone him.[5]
We have studied this subject deeply and carefully and then we indicated the truth in our books; al-Fusool al-Muhimma (the important chapters), Masail Fiqhiyya (juristic questions), The Answers of Musa Jarallah and what has been published in al-Irfan

[1] Ar-Razi protested, in his book at-Tafseer al-Kabeer when talking about the verse (Then as to those whom you profit by, give them their dowries as appointed( against prohibiting temporary marriage by Umar.
[2] Vol.1 p.467.
[3] This saying shows clearly that prohibiting temporary marriage has not been determined before Umar.
[4] Would that someone knows if this word could justify a way to prohibit temporary marriage! Had Umar thought that this matter concerned the Prophet (s) especially or concerned his time only? Certainly not! Lawful things of Muhammad are lawful until the Day of Resurrection and his unlawful things are unlawful until the Day of Resurrection.
[5] Stoning is one of the punishments of the Heaven which cannot be legislated except by a prophet. One, who believes in the permissibility of temporary marriage, has concluded its decree from the Book and the Sunna. If he is right in his conclusion, he cannot be blamed and if he is mistaken unintendedly, he is considered to be in obscurity and so he cannot be punished.

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

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

[1] Among them was Abdul Melik bin Abdul Aziz bin Jurayj Abu Khalid al-Mekki who was one of the famous scholars among the companions successors. Ibn Khillikan mentioned his biography in his book wafiyyat al-Ayan, ibn Sad in his Tabaqat, vol.5 p.361 , ibn al-Qaysarani in his book al-Jam Bayna Rijal as-Sahihayn, p.314 and ath-Thahabi in his Mizan and he said about him: He is one of the reliable scholars, who has been trusted by the all. He has got married to ninety women in temporary marriage. He thought that temporary marriage was permissible. He was the jurisprudent of Mecca at his time.
Al-Mamoon also during his reign has denied prohibiting temporary marriage (by Umar) and ordered his officials to announce its permissibility-as mentioned by ibn Khillikan in his book Wafiyyat al-Ayan when talking about the biography of Yahya bin Aktham. Muhammad bin Mansoor and Abul Ayna once came to al-Mamoon. They found him brushing his teeth and saying angrily (repeating the saying of Umar) : Two pleasures were practiced at the time of the messenger of Allah and at the time of Abu Bakr but I (Umar) prohibit them! Who are you (this is the complement of al-Mamoon) O you scarab, so that you prohibit what the messenger of Allah and Abu Bakr have practiced? Muhammad bin Mansoor wanted to talk with al-Mamoon but Abul Ayna made a sign to him and said: A man saying so about Umar bin al-Khattab, how can we talk to him?! they did not talk to him. Then Yahya bin Aktham came to him and warned him that sedition might take place (if he permitted temporary marriage)

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

23. Changing the azan[1]

We have researched on the traditions concerning the azan during the time of the Prophet (s) and we have not found this statement prayer is better than sleeping as a part of the azan. In fact this statement was not in the azan even at the time of Abu Bakr. Umar had ordered this statement to be added to the azan after passing of some period of his caliphate when he liked that and admired it to be in the azan of Fajr (dawn) prayer. He determined that and ordered people to announce it when calling the azan. Many true traditions about this matter have been narrated from the infallible imams (s).
The books of Hadith of other than the infallible imams (s) have had many such traditions. Malik mentioned in his Muwatta: Once the caller of azan came to Umar bin al-Khattab to announce the time of Fajr prayer and he found Umar sleeping. He said to him: Prayer is better than sleeping. Umar admired that and ordered him to add it to the azan of Fajr.
Az-Zarqani said in his book Sharh al-Muwatta[2] when commenting on this word: Ad-Darqutni mentioned this tradition in his Sunan from Waqee from al-Umari from Nafi from ibn Umar that Umar had said to his caller (of azan): When you reach Come to success![3] in the azan of Fajr prayer, say: Prayer is better than sleeping! Prayer is better than sleeping! It was also narrated by Sufyan from Muhammad bin Ajlan from Nafi from ibn Umar from Umar.
This tradition has also been mentioned by ibn Shayba from Hisham bin Urwa and has been mentioned by some other Sunni scholars.
There was no any value for the (false) tradition narrated by Muhammad bin Khalid bin Abdullah al-Wasiti from his father from Abdurrahman bin Isshaq from az-Zuhri from Salim that his father

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

had said: Once the Prophet (s) consulted the Muslims about what should attract their attentions to the times of the prayers. Some of them suggested using a trumpet but the Prophet (s) disliked it because it was used by the Jews. Some others suggested using a bell but the Prophet (s) disliked it too because it was used by the Christians. At that night a man from the Ansar called Abdullah bin Zayd and Umar bin al-Khattab were inspired with the call (azan) in their dreams. In the same night Abdullah bin Zayd al-Ansari came to the Prophet (s) and told him of what he had seen in dream. The Prophet (s) ordered Bilal to announce it as the azan. Then Bilal added to it prayer is better than sleeping and the Prophet (s) approved it. Ibn Maja mentioned this tradition in his Sunan.
This tradition is null because it has been narrated by Muhammad bin Khalid bin Abdullah al-Wasiti, about whom Yahya has said: He is an immoral man. Once again he has said about him: He is nothing (unreliable)!
Ibn Adiy said about him: Ahmad and Yahya denied his traditions especially when he narrated from his father. He had many other denied traditions. Abu Zara said about him: He is weak (untrusted). Yahya bin Moeen said: Muhammad bin Khalid bin Abdullah is a liar. When you meet him, slap him!
Ath-Thahabi talked about him in his Mizan and mentioned the criticism and defects ascribed to him by the scholars.
Like this tradition was the tradition narrated by Abu Mahthoora when he had said: I said: O messenger of Allah, would you please teach me the azan? The Prophet (s) rubbed over my head and said to me: You say Allah is great, Allah is great loudly and then you say in a low voice I witness that there is no god but Allah , I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, I witness that Muhammad is the messenger of Allah then you say loudly I witness that there is no god but Allah, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to prayer, come to success, come to success if is Fajr prayer you say then prayer is better than sleeping, prayer is better than sleeping, Allah is great, Allah is great, there is

no god but Allah, there is no god but Allah.
Abu Dawood mentioned this tradition from Abu Mahthoora in two ways; one from Muhammad bin Abdullah bin Abu Mahthoora from his father from his grandfather, the other from Othman bin as-Saib from his father, who was unknown as ath-Thahabi had said in his Mizan.
Muslim has mentioned this tradition of Abu Mahthoora in his Sahih but it has not had this statement prayer is better than sleeping.
Soon you will see the tradition mentioned by Abu Dawood and others that has been narrated by Muhammad bin Abdullah bin Zayd about the azan that Bilal has announced after it has been dictated to him by Abdullah bin Zayd. It has not had prayer is better than sleeping although it was the azan of Fajr prayer.
As for Abu Mahthoora, he was one of the freed captives of Mecca[1] and he was one of those, whom the Prophet (s) gifted in order to reconcile them to Islam. When the Prophet (s) went back from Hunayn victoriously, he was the most hated one to Abu Mahthoora and his orders and principles were the most hated things to him too. Abu Mahthoora often mocked at the Prophets caller (who announced azan) but the pouch of silver coins, which the Prophet (s) had given, the booties of Hunayn, which the Prophet (s) had spread among the freed captives, who were his enemies and who had fought him for a long time, his great morals towards whoever had announced shahada from among the hypocrites besides his severity towards the unbelievers and that the Arabs began to become Muslims group by group, all that forced Abu Mahthoora and his likes to announce shahada by their tongues whereas their hearts were still occupied by the idols. He did not emigrate until he died in Mecca.[2] Allah is more aware of his inners!
The Prophet (s) had said a word about three men; Abu Mahthoora, Abu Hurayra and Samra bin Jundub. He warned them by saying:

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

The last to die of you, will be in Hell.[1]
This was a wise manner of the Prophet (s) to keep the hypocrites away from running the affairs of the Muslims. As the Prophet (s) was aware of the inners of these three men, so he wanted his umma to doubt the three of them and then to avoid them all. He wanted his umma not to entrust any of them with any affair of Islam and the Muslims. He said that he, who would die after his two friends, would be in hell but he had generalized his saying without giving any specification about certain one of them that any of the three men could be the one who would be in Hell. Days and nights passed and the word of the Prophet (s) remained as it was. The Prophet (s) left to the better world but without specifying his word; therefore the men of understanding were obliged to keep all the three men away from any affair of social rights in Islam that was to be entrusted to the reliable and trustworthy people of the umma. If these three men were not same in being avoided, the Prophet (s) definitely would specify one of them in order not to wrong the others.
If you say: the Prophet (s) might have defined one of them with something but that certain thing had been ignored because of the long time that had passed.
We say: if there was some definition that had specified one of them, then the three of them would have not feared that warning in the same way.[2]
There was no difference in this matter between not assigning one of them or that assignment had become unknown because the result would be the same for us. We would regard the three in the same way.
If you say: the one, who had been said to be in Hell, could not be known before the death of the first and the second ones and then the remaining one after the two would be the one whom the Prophet (s) had meant by his saying and so the saying of the Prophet (s) would not be general or ambiguous.

[1] Refer to Samras biography in al-Isteeab, al-Isaba and other books.
[2] As it is well-known by whoever studies their affairs after this threat.

We say: first it is impossible for the prophets (s) to hide the truth or to delay it until its necessary time may pass. In this matter the required time was connected with the threat and the Prophet (s) would have indicated it if any one of the three had had any respect because men, since they became Muslims, would be tried by the civil rights like imamate in offering prayers, witnesses in legal trials, issuing fatwas, judging and the likes, which required fairness, truthfulness and piety. If these three men deserved not to be kept away from all that civil rights and positions, the Prophet (s) would not delay declaring the truth concerning them. Far be it from the Prophet (s) to prevent any one from getting his right and far be it from him to disgrace someone innocent and to keep him on that disgrace, which he does not deserve, until he dies (before his two friends)!
And second: by Allah, we have tried our best as possible as we could in researching and studying the fixed facts but we could not know which one of these three men had died before the others. The sayings about the dates of their deaths were either contradicted[1] or alike and common. Hence we could not depend on any of them.
Third: the high morals of the Prophet (s), whom Allah has said about: (Certainly a Messenger has come to you from among yourselves; grievous to him is your falling into distress, excessively solicitous respecting you; to the believers (he is) compassionate) would not let him face an innocent one, whom he respected, with such a severe word. The Prophet (s), who had exalted personality and manners, would never surprise an innocent one with something bad that he did not deserve. If there was a good one among these three men, the Prophet (s) would not include him in this bad surprise; but it had been revealed to him by Allah to warn the umma against these men and their likes. (Nor does he speak out of desire. It is naught but revelation that is revealed).

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

He, who knew the opinion of our Sunni brothers of the four sects about the start of the azan and iqama[1] and about legislating them, would not be astonished to find them submitting to adding to them or omitting from them. They thought that azan and iqama had not been legislated by Allah via revealing them to the Prophet (s). They did not think that the Prophet (s) had announced them as divine rites determined by Allah but they were just a result of dreams seen by some companions as they had narrated in their traditions which they considered as true and recurrent.
Here are some of these traditions which they consider as the truest ones of them.
Abu Umayr bin Anass narrated from some of his uncles of the Ansar that: The Prophet (s) thought about prayers; how to make people gather to offer them at their prescribed times. It was said to him: Raise a banner and when people see it, some of them will announce that it is time to offer prayer. He did not approve this idea. Some people mentioned to him the trumpet but he disliked it and said it was used by the Jews. Others suggested using a bell. He said that it was used by the Christians. At the first he disliked it but then he ordered to make a bell of wood. Abdullah bin Zayd, when he saw the Prophet (s) concerned in the matter, began to think much about it. He was inspired in his sleep with a vision showing him how to do the azan. He went to the Prophet (s) and said to him: O messenger of Allah, while I was in light sleep, someone came to me and taught me the azan. Umar bin al-Khattab had seen that vision in his sleep but he kept it secret for twenty days and then he informed the Prophet (s) of it. The Prophet (s) said to him: What prevented you from telling me that? Umar said: Abdullah bin Zayd preceded me in telling you and then I felt shy. The Prophet (s) said: O Bilal, get up and do as Abdullah bin Zayd will instruct you! Then Bilal announced the azan[2]
Muhammad bin Abdullah bin Zayd al-Ansari said that his father

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

Abdullah bin Zayd had said: When the messenger of Allah (s) had ordered a bell to be made in order to make people gather to offer the prayers, I saw in sleep that someone carrying a bell in his hand came to me. I asked him: Do you sell this bell? He said: What will you do with it? I said: We will call for prayers by it. He said: Shall I guide you to what is better than this? I said: Yes, please! He said: You say: Allah is great, Allah is great, Allah is great, Allah is great, I witness that there is no god but Allah, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to prayer, come to success, come to success, Allah is great, Allah is great, there is no god but Allah.[1] After a moment he said to me: When you stand up to begin the prayer, you say: Allah is great, Allah is great, I witness that there is no god but Allah, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to success, the time for prayer has come, the time for prayer has come, Allah is great, Allah is great, there is no god but Allah.
In the morning I went to the Prophet (s) and told him of what I have seen in my sleep. He said: It is a true vision inshallah. Go with Bilal and instruct him what you have seen in your sleep. Let him announce it because his voice is more dulcet than yours. I went with Bilal and began teaching him the azan and then he announced it. Umar, from inside his house, heard the azan. He came dragging his garment and saying: O messenger of Allah, I swear by Him, Who has sent you with the truth, that I have seen like what he has seen[2]
Malik abbreviated the tradition in his Muwatta. He mentioned that Yahya bin Saeed had said: The Prophet (s) wanted to use two pieces

[1] This azan-as the narrators, who had narrated this tradition from Abdullah bin Zayd, claimed-was the first azan in Islam. As you see, it does not have prayer is better than sleeping although it was for Fajr prayer. Then wherefrom has it come to be a part of the azan, O you Muslims?!
[2] Mentioned by Abu Dawood as-Sajistani in his Sunan, at-Tarmithi in his Sahih, ibn Hayyan in his Sunan, ibn Khuzayma in his Sunan, ibn Maja in his Sunan and other scholars of Hadith.

of wood[1] in order to gather the people to offer the prayers after beating them with each other. At that time Abdullah bin Zayd al-Ansari had seen in his sleep two pieces of wood. He said (in his sleep): These two pieces of wood are like the ones that the messenger of Allah wants to gather people for prayers with. It was said to him: Do you not announce azan for prayer? He was taught the azan in his sleep. In the morning he came to the Prophet (s) and told him of that. Then the Prophet (s) ordered the azan to be announced.[2]
Ibn Abdul Birr said: Some of the companions had narrated the story of Abdullah bin Zayd about the start of azan in different wordings but near meanings. The resources of these traditions are recurrent and accepted[3]
In commenting on these traditions I say:
First: the Prophet (s) would not have to consult the people in legislating the divine verdicts of the Sharia. He had just followed the divine orders that Allah had revealed to him Nor does he speak out of desire. It is naught but revelation that is revealed. The Lord of Mighty Power has taught him. Qur'an, 53:3-5 All the prophets have not consulted their peoples about the divine verdicts Nay! they are honored servants. They do not precede Him in speech and (only) according to His commandment do they act. Qur'an, 21:26-27 Allah has said to his messenger and the last of His prophets, Muhammad (s): Say: I only follow what is revealed to me from my Lord; these are clear proofs from your Lord and a guidance and a mercy for a people who believe. Qur'an, 7:203 and Say: It does not beseem me that I should change it of myself; I follow naught but what is revealed to me; surely I fear, if I disobey my Lord, the punishment of a mighty day. Qur'an, 10:15 and Say: I am not the first of the messengers, and I do not know what will be done with me or with you: I do not follow

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

anything but that which is revealed to me, and I am nothing but a plain warner. Qur'an, 46:9 Allah has warned His messenger of hastiness even with a movement of the tongue. He has said: Do not move your tongue with it to make haste with it. Surely on Us (devolves) the collecting of it and the reciting of it. Therefore when We have recited it, follow its recitation. Again on Us (devolves) the explaining of it. Qur'an, 75:16-19 Allah has praised the saying of His messenger by saying: Most surely, it is the Word brought by an honored Messenger. And it is not the word of a poet; little is it that you believe. Nor the word of a soothsayer; little is it that you mind. It is a revelation from the Lord of the worlds. Qur'an, 69:40-43 and Most surely it is the Word of an honored messenger. The processor of strength; having an honorable place with the Lord of the Dominion. One (to be) obeyed, and faithful in trust. And your companion is not gone mad. Qur'an, 81:19-22
Second: reason regards the consultation mentioned in these traditions as null. Consultation with people has no any role in legislation the divine laws; therefore it was impossible for the Prophet (s) to consult his companions about the principles of the Sharia. Would Allah need the opinions of His servants to determine the laws of His Sharia? And if he had fabricated against Us some of the sayings. We would certainly have seized him by the right hand. Then We would certainly have cut off his aorta. And not one of you could have withheld Us from him. Qur'an, 69:44-47
Yes, the Prophet (s) consulted his companions about the affairs of this worldly life such as meeting the enemy, stratagems of war and the likes. He followed in that the saying of Allah: and take counsel with them in the affair; so when you have decided, then place your trust in Allah. Qur'an, 3:159 In this concern the Prophet (s), in order to reconcile his companions, could consult them although the revelation sufficed him away from his companions opinions; but as for the laws of religion it was not possible for him save to follow the revelation.
Third: these traditions showed that the Prophet (s) was confused and this could not be possible for the infallible prophet, who was so close to Allah and whom Allah had loved and preferred to all of the

creatures of the worlds. These traditions showed the Prophet (s) in a confused state until he became in need of peoples consultation; once he disliked using a bell and then he ordered the bell to be used and then he gave up the bell and submitted to the vision of Abdullah bin Zayd! This was impossible for Allah and His messenger, who was the master and the last of the prophets and who was the trustee of the mission and revelation of Allah.
In fact the visions of other than the prophets could not be relied on according to the consensus of the umma.
Fourth: these traditions contradict each other and this leads to brush them aside especially the two traditions we have just mentioned above; the one narrated by Abu Umayr bin Anass from some of his uncles of the Ansar and the one narrated by Muhammad bin Abdullah bin Zayd from his father. Would that you ponder on them to see the contradiction between them especially what concerns the vision of Umar!
These two traditions limit the vision to ibn Zayd and Umar whereas the tradition of the vision mentioned by at-Tabarani in his book at-Tafseer al-Awsat shows that the vision (of the azan) has been seen by Abu Bakr too. There are other traditions showing that this vision has been seen by fourteen men of the companions as in Sharh at-Tanbeeh by al-Jubayli. It has also been mentioned that those, who had seen the vision at that night, were seventeen men of the Ansar besides Umar who was the only one of the Muhajireen. Another tradition said that Bilal had seen the vision of the azan too. There are many other contradictions about the subject. Al-Halabi mentioned some of them which were so astonishing and he tried to bring these contradictions close together but he failed.[1]
Fifth: al-Bukhari and Muslim had ignored this version at all. They had not mentioned it in their Sahihs neither from ibn Zayd nor from Umar bin al-Khattab nor from any other because it had not been proved to be true. They mentioned in their Sahihs that Umar had said: The Muslims, when they had come to Medina, gathered together and assigned the time of prayer without calling. One day

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

they discussed this matter. Some of them said: Let us use a bell like the Christians! Others said: Let us use a trumpet like the Jews! Then Umar said: Why do you not send someone to call out the time of prayers? The Prophet (s) said: O Bilal, get up and call out for the prayer! Then Bilal called out.
This is all what has been mentioned in the Sahihs of al-Bukhari and Muslim about legislating the azan. They have ignored anything concerning the start of azan other than this. This tradition contradicts all the previous traditions mentioned about the vision of azan. This tradition shows that the azan has started according to Umars suggestion and not according to his vision or the vision of Abdullah bin Zayd or anyone else.
Also this tradition shows clearly that the Prophet (s) has ordered Bilal to call out the azan during the meeting of consultation, in which Umar was present, whereas those traditions of the vision shows that the Prophet (s) has ordered Bilal to call out the azan at the dawn when ibn Zayd has told the Prophet (s) about his vision that it was one night after the consultation at least where Umar was not there but he has heard the azan while he was in his house and then he came dragging his garment and saying: I swear by Him, Who has sent you with the truth, that I have seen in my sleep as he has seen.
I adjure you by Allah, could you bring this tradition close to those ones? Certainly not! I swear by Allah and the truth!
Al-Hakim has ignored the traditions of the vision of azan and iqama. He has never mentioned any of them in his Mustadrak as the two sheikhs; al-Bukhari and Muslim have done. This shows that these traditions are untrue.
Al-Hakim took on himself to follow all the true traditions that al-Bukhari and Muslim had not mentioned in their Sahihs and since he himself had not mentioned the traditions talking about the vision of azan in his Mustadrak, so it has become clear that these traditions were not true.
Al-Hakim had said a word showing that these traditions of the vision were null and they were just fabricated lies. He said: The two sheikhs (al-Bukhari and Muslim) ignored the tradition of Abdullah

bin Zayd about the vision and azan because Abdullah had died before this event (of the azan)[1]
What confirmed this fact was that the azan, according to the Sunni, had started after the battle of Uhud. Abu Naeem mentioned in his book Hilyatul Awliya when talking about the biography of Umar bin Abdul Aziz that Abdullah al-Umayri had said: Once the daughter of Abdullah bin Zayd bin Thalaba came to Umar bin Abdul Aziz and said to him: I am the daughter of Abdullah bin Zayd. My father participated in the battle of Badr and he was martyred in the battle of Uhud. Umar said to her: Ask for whatever you like! He gifted her (what she asked him for).
If Abdullah bin Zayd had seen the vision of azan as they pretended, his daughter would have mentioned that to Umar bin Abdul Aziz as she had mentioned his fighting in Badr and his martyrdom in Uhud.
Sixth: Allah has ordered the believers not to preceded Allah and His messenger and not to raise their voices above the voice of the Prophet (s), lest their deeds would be vain. Allah has said: O Ye who believe! Put not yourselves forward before Allah and His Messenger; but fear Allah: for Allah is He Who hears and knows all things. O you who believe! do not raise your voices above the voice of the Prophet, and do not speak loud to him as you speak loud to one another, lest your deeds became null while you do not perceive. Qur'an, 49:1-2
The reason behind the revelation of these verses was that some people of bani Tameem had come to the Prophet (s) asking him to appoint a man from them as a chief over them. Abu Bakr said:[2] O messenger of Allah, appoint al-Qaqa bin Mabad as chief over them! Umar bin al-Khattab said immediately: O messenger of Allah, appoint al-Aqra bin Habis from bani Mujashi. Abu Bakr said to Umar: You just want to oppose me! They disputed before the Prophet (s) and their voices became too loud. Then Allah revealed these verses to the Prophet (s) because Abu Bakr and Umar had preceded the Prophet (s) and hastened in giving their opinions

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

besides their disputing and clamoring before the Prophet (s).
Allah has addressed all the believers with these verses to be as a rule for them how to behave before the Prophet (s). These verses have forbidden every faithful man and faithful woman from being opinionated before the Prophet (s) and from preceding him in everything. The saying of Allah: (O Ye who believe! Put not yourselves forward before Allah and His Messenger) means that no Muslim has the right to give his opinion on a matter before Allah and His messenger would determine. As if those men, who preceded the Prophet (s) in giving their opinions, deemed themselves to be of high ranks that they had the right to decide on the public affairs; therefore Allah had warned the believers of their mistake and showed them their obligation that they would have not to exceed.
The saying of Allah: (O you who believe! do not raise your voices above the voice of the Prophet) refuted the concept of that those people had a right to decide on the affairs of the Muslims or they had a special position near Allah and His messenger for that whoever raised his voice above the voices of the others thought that he had a special rank or authority over the others and this could not be possible or accepted from anyone in the Prophets presence.
He, who ponders on the sayings of Allah: (fear Allah: for Allah is He Who hears and knows all things) and (lest your deeds became null while you do not perceive), will find the truth as it is.
And he, who knows that Allah has not approved what Abu Bakr and Umar have done when opinionating before Allah and His messenger, will be certain that Allah does not permit people to consult on legislating the laws of His Sharia. Would that our people know!
Seventh: azan and iqama are parts of the very daily obligations and He, Who has legislated them, is the same Who has legislated the daily obligations. They are the greatest divine rites, with which the Islamic umma has been distinguished from all the other nations and religions. They (azan and iqama) are examples of high eloquence, magnificent meanings and exalted aims. They announce the truth too openly; Allah is great, I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah-with praising him and praying Allah to bless him, come to prayer, come to success,

come to the best of deeds. He, who calls out these facts, does not fear save Allah and does not submit to any tyrant.
This is an alive mission as one of the scholars has said about it. As if you see that all the life listens and assents to it and as if man begins prayer since the first moment when he hears the first words of the azan and iqama. Man contacts with the world of the unseen since he listens to azan and iqama.
It is a mission, in which the earth and the heaven meet together and the submission of man mixes with the greatness of the Creator. The eternal truth comes to mans mind at every time of prayers, as if it is a new tiding!
Allah is great, Allah is great, there is no god but Allah, there is no god but Allahit is the call of azan, with which the Muslims get ready to offer the prayers. It is the alive call which utters the eternal fact; the fact that is too simple but too wonderful because it is the richest fact that is in no need of being repeated throughout the ages and at the same time it is the fact that is in need much more of being repeated among the businesses of this worldly life and the signs of mortality.
A Muslim becomes in a state of praying since he hears the azan inviting him towards the prayer. Through the azan a Muslim remembers the greatness of Allah and this is the essence of the essence of the prayers.
The calmness of the night opens up with it (azan) as if it is one of the live phenomenon of nature to which hearings and souls assent, birds and trees listen, water and air hasten and all the world rises to respond since the first call of the caller[1]
In short, azan and iqama are things that the human beings could never contrive even if all of them would gather together. To Allah we resort and Him we ask not to make us among those who distort the bright facts especially those of the laws of Allah, His Sharia and His signs.
Eighth: the Sunnis traditions about the start of azan and iqama

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

contradict the true traditions narrated from the infallible imams of Ahlul Bayt (s). And definitely any tradition that contradicts the true traditions of Ahlul Bayt (s) has no any value near us.
In the book Wassail ash-Shia ila Ahkam ash-Sharia it is mentioned that Imam Abu Abdullah Jafar as-Sadiq (s) has said: When Gabriel has brought the azan to the Prophet (s), he (Gabriel) uttered the azan and the iqama and then the Prophet (s) ordered Ali to send for Bilal. When Bilal came, the Prophet (s) taught him the azan and ordered him to announce it (at the times of the prayers). This has been mentioned by Muhammad bin Yaqoob al-Kulayni, as-Sadooq Muhammad bin Ali bin Babwayh al-Qummi and the sheikh of the Shia Muhammad bin al-Hasan at-Toossi. It suffices us that the truthfulness and piety of these scholars could never be doubted.
Sheikh Shahid Muhammad bin Mekki has mentioned in his book ath-Thikra (the memory) that Imam as-Sadiq (s) has dispraised some people, who pretended that the Prophet (s) had taken the azan from Abdullah bin Zayd al-Ansari. Imam Sadiq (s) said: Gabriel has revealed it (azan) to your prophet and you pretend that the Prophet (s) has taken it from Abdullah bin Zayd!
Al-Halabi in his Seera mentioned that Abul Ala had said: Once I said to Muhammad bin al-Hanafiyya (Imam Alis son): We narrate that the azan has started according to a vision that a man from the Ansar has seen in his sleep. He became too angry and said: You have come to a basic principle of Islam and a sign of your religion and pretended that it has been issued according to a vision that a man of the Ansar had seen in his sleep; a vision that it could be true and could be false or it could be a bad dream! I said to him: But this tradition is spread among people. He said: By Allah, it is the very untruth
Sufyan bin al-Layl said: Once I visited al-Hasan bin Ali (s) in Medina. The people, in his meeting, discussed the matter of azan before him. Some of them said that the azan had started after a vision seen by Abdullah bin Zayd. Al-Hasan bin Ali (s) said: The matter of azan is greater than that. Gabriel has called out the azan and iqama in the Heaven and then he has revealed them to the

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

24. Come to the best of deeds

This statement was a part of the azan and the iqama at the time of the Prophet (s) but the men of authority during the reign of the second caliph Umar tried to make people understand that the best of deeds was the jihad for the sake of Allah in order to go to it zealously and they thought that calling out come to the best of deeds for prayers was just a call to the five daily obligations and this contradicted their aim.
In fact they conceived a fear of this statement if it would remain in the azan and iqama. They thought that it would discourage people from jihad because if people knew that prayer was the best of deeds besides its easiness and peacefulness, they would rely on its reward and they would keep away from jihad and its dangers.
The men of authority at that time had devoted themselves to spread Islam and to conquer the east and the west. Definitely conquering countries required to stimulate the zeal of the soldiers to rush into dangers for the sake of that. The soldiers had to love jihad until they would feel that it was the best of deeds, which they would be rewarded for on the Day of Resurrection.
Therefore they preferred to omit this part of azan because they preferred the benefit to following the holy Sharia. The second caliph, Umar, had said from above the minbar-as mentioned by al-Qoushaji in his book Sharh at-Tajreed: Three things were practiced at the time of the messenger of Allah but I prohibit them and punish for them; temporary marriage, the pleasure of the hajj and come to the

[1] Al-Hakims Mustadrak, vol.3 p.171.
[2] Mushkil al-Aathar by at-Tahawi, Kanzol Ummal by al-Muttaqi al-Hindi, vol.6 p.277.

best of deeds.[1]
And then all the Muslims after Umar, except Ahlul Bayt (s) and their followers, omitted this part of azan come to the best of deeds.
When the martyr of Fakh al-Husayn bin Ali bin al-Hasan bin Ali bin Abu Talib revolted in Medina during the reign of al-Hadi, the Abbasid caliph, he ordered the caller to announce come to the best of deeds in the azan and the caller did.[2]
Al-Halabi mentioned in his Seera[3] that ibn Umar and Imam Zaynul Aabideen Ali bin al-Husayn (s) used to say come to the best of deeds after come to success in the azan.
This has been mentioned in the true and recurrent traditions of Ahlul Bayt (s). Refer to their traditions and jurisprudence to see their opinions about the matter.

Note

The parts of the azan, according to the Shia, are eighteen; four times: Allah is great and twice for each of: I witness that there is no god but Allah, I witness that Muhammad is the messenger of Allah, come to prayer, come to success, come to the best of deeds, Allah is great and there is no god but Allah.

[1] The name of al-Qoushaji was Alauddeen Ali bin Muhammad. He was one of the scholars of the Asharites. This has been mentioned by Tash Kubri Zada in his book ash-Shaqaiq an-Numaniyya. His biography has been mentioned by other historians. He has written many books such as Sharh at-Tajreed, ar-Risala al-Muhammadiyya, ar-Risala al-Fat~hiyya and other books.
[2] Mentioned by Abul Faraj al-Isfahani in his book Maqatil at-Talibiyeen and mentioned by all the historians who had talked about the revolution of the martyr of Fakh against the tyrants and injustice.
[3] Vol.2 p.11o.

It is desirable to say blessing and peace be upon Muhammad and his progeny after mentioning his name in the azan. Also it is desirable to say I witness that Ali is the guardian of Allah after I witness that Muhammad is the messenger of Allah in the azan and in the iqama.
He, who prohibited saying come to the best of deeds and its likes in the azan and said that they were heresies, had committed a mistake and had gone astray. Any caller (of azan) in Islam may recite a desirable word to be attached to the azan such as the verse (And say: (All) praise is due to Allah, Who has not taken a son) or another word such as blessing and peace be upon you, O messenger of Allah) or something like that. This has not been legislated by Allah as apart of the azan and at the same time it is not a heresy or prohibited at all because all of the callers (of azan) do not consider it as a part of the azan but they recite it as a desirable thing according to some general evidences and also the statement I witness that Ali is the guardian of Allah is recited according to some general evidences.
A little of ordinary speech of human beings annuls neither the azan nor the iqama and it is not prohibited. Then why do they say that it is prohibited and it is a heresy? Why do they want to separate the Muslims especially in these days?
 

25. Changing the rules of divorce

The three-divorce, after which a divorced wife cannot return to her husband except after getting married to another one and then being divorced, is called the third divorce which is preceded by two returns after two divorces; that is to say: a husband divorces his wife for the first time and then he gets her back, then he divorces her for the second time and gets her back again and then he divorces her for the third time. Now she becomes prohibited for him as a wife unless she gets married to another man and then this man divorces her. This is the three-divorce after which a wife becomes prohibited for her husband until she marries another man and then the second husband divorces her. Allah has said: Divorce may be twice, then keep (them) in good fellowship or let (them) go with kindness So if he divorces her (the third time) she shall not be lawful to him afterwards until she

marries another husband; then if he divorces her there is no blame on them both if they return to each other (by marriage). Qur'an, 2:229-230
Here is the interpretation of these verses by one of the great scholars of the Arabic language. Az-Zamakhshari says in his Tafseer al-Kashshaf: Divorce may be twice means to be repeated twice and not to be pronounced all at once like His saying Then turn back the eye twice. Qur'an, 67:4 which means a time after anotherit is also said that it means the twice revocable divorce-one time after the other- because there is no return after the third divorceif he (the husband) divorces her (the wife) for the second time as Allah has said Divorce may be twice or if he divorces her for the third time after the two divorces, she will not be his legal wife after that unless she will get married to another man and then this man will divorces her
This is the meaning of the verse that comes to mind straightway and such all the interpreters have interpreted this verse. The saying of Allah So if he divorces her (the third time) she shall not be lawful to him afterwards cannot be applied to the saying of a husband to his wife: You are divorced, you are divorced, you are divorced in one occasion unless he has divorced her twice before that and after each one he has got her back.
But Umar, during his caliphate, saw that men had got used to divorce their wives the third divorce by using one certain diction[1] and so he forced them to do what they had bound themselves with as a kind of punishment and discipline. There are many true traditions that have ascribed this doing to Umar.
Tawoos mentioned that Abu as-Sahba had said to ibn Abbas: Has (uttering the form of divorce three times in one occasion) not been considered as one divorce during the time of the Prophet (s) and the time of Abu Bakr? Ibn Abbas said: Yes, it has, but at the reign of Umar, people got used to this kind of divorce and he (Umar) made it

[1] Either to repeat this statement You are divorced three times in one occasion or to say you are divorced thirdly.

permissible to them?[1]
Muslim mentioned another tradition that ibn Abbas had said: During the time of the Prophet (s), the time of Abu Bakr and the first two years of the reign of Umar the divorce of three-repeated-statement (in one occasion) was considered as one divorce. Then Umar said: People have hastened in a matter which had deliberateness to them. Would that we permit it to them! And then he permitted it to them.[2]
Al-Hakim has mentioned this tradition in his Mustadrak and said that it was true according to the conditions of the two sheikhs; al-Bukhari and Muslim. Ath-Thahabi has also mentioned it in his book Talkhees al-Mustadrak and said that it was true according to al-Bukhari and Muslim.[3]
Ahmad bin Hanbal has mentioned this tradition of ibn Abbas in his Musnad[4] and many other scholars of Hadith have mentioned it in their books.[5]
Sheikh Rasheed Redha has mentioned this tradition in al-Manar Magazine[6] from Abu Dawood, an-Nassaiy, al-Hakim and al-Bayhaqi and then he said: From among the judgments of the Prophet (s) was the tradition that al-Bayhaqi had mentioned from ibn Abbas.[7] Ibn Abbas said: Rukana has divorced his wife three times in one occasion. He became too sad for her. The Prophet (s) asked him: How did you divorce her? He said: Three times. The Prophet (s) asked him: In one occasion? He said: Yes. The Prophet (s) said: It is one divorce. You can get her back if you like.
An-Nassaiy mentioned a tradition narrated by Makhrama bin

[1] Sahih of Muslim, vol.1 p.575, Sunan of al-Bayhaqi, vol.7 p.336, Sunan of Abu Dawood.
[2] Sahih of Muslim, vol.1 chap. Divorce.
[3] Al-Mustadrak and Talkhees al-Mustadrak, vol.2 p.169. These two books are printed together and the numbers of their pages are the same.
[4] Musnad of Ahmad, vol.1 p.314.
[5] Al-Bayhaqi in his Sunan, vol.7 p.336, al-Qurtubi in his Tafseer, vol.3 p.130.
[6] vol.4 p.210.
[7] Seera of ibn Isshaq, vol.2 p.191.

Bukayr from his father that Mahmood bin Labeed had said: Once the Prophet (s) was told that a man had divorced his wife three times together in one occasion. The Prophet (s) became very angry. He got up and said: Is it played with the Book of Allah while I am still among you? A man said: O messenger of Allah, should we kill him?[1] besides many other true traditions and therefore the ulama of Islam and the reliable scholars have admitted this fact.
Among them is Professor Khalid Muhammad Khalid who has said in his book (Democracy): Umar bin al-Khattab ignored the holy religious texts of the Qur'an and the Sunna when benefits required him to do that. As the Qur'an had determined a share of zakat to be paid to those, whose hearts were reconciled to Islam by these gifts, the Prophet (s) and Abu Bakr used to do that but when Umar became the caliph, he said: We do not pay anything for faith in Islam. And as the Prophet (s) and Abu Bakr had permitted selling bondwomen, Umar prohibited it. And as the three-divorce, which took place in one occasion, was considered as one divorce according to the Sunna and the consensus, Umar came to ignore the Sunna and to destroy the consensus.[2]
Dr. ad-Dawaleebi said in his book Usool al-Fiqh:[3] Among the verdicts that Umar (may Allah be pleased with him) had changed according to the base of the change of the verdicts owing to the change of time was permitting the third divorce if it took place in one occasion whereas at the time of the Prophet (s), the time of Abu Bakr and some time of Umars caliphate if the three divorces took place (or were said together) in one occasion, they were considered as one divorce as proved by the true tradition of ibn Abbas when Umar had said: People have hastened in a matter which had deliberateness to them. Would that we permit it to them! And then he permitted it to them.
Dr. ad-Dawaleebi added: Ibn al-Jawziyya said: But Ameerul

[1] Qassim Ameen al-Misri has mentioned this tradition in his book Tahreer al-Mara (liberating woman) p.172, from an-Nassaiy, al-Qurtubi and az-Zaylaiy narrated by ibn Abbas.
[2] Democracy, p.150.
[3] p.246-.

Momineen Umar (may Allah be pleased with him) saw that people began to make little of the matter of divorce and that they did it with one statement and in one occasion, he thought that the benefit required to punish them by executing such divorce that when they knew of that they would refrain from divorcing their wives. Umar saw that this had a benefit in its own time and he thought that what had been during the time of the Prophet (s), Abu Bakr and some time of his rule was the most suitable for people because they feared Allah and refrained from divorcing their wivesthis was one example on the change of the verdicts owing to the change of time.[1] The companions perceived the good policy of Umar in disciplining his citizens in this concern and so they agreed with him on that and they gave such a fatwa to whoever asked them about such a matter.[2] But ibn al-Qayyim himself came and gave his opinion concerning his own time. He wanted to go back to the verdicts that were at the time of the Prophet (s) because time had changed too and the three-divorce were executed with one word and this had led to permit the marriage that had been impermissible at the age of the companions.[3] He said: If punishment led to corruption more than the corruption of the doing punished for, then giving up this punishment would be more beloved to Allah and His messenger.[4]
He added: Ibn Taymiyya said: If Umar (may Allah be pleased with him) saw that the Muslims had misused the permissibility of the return of a divorcee to her previous husband, he would go back to the verdicts that had been at the time of the Prophet (s). The valuable notices of ibn Taymiya have led the legal courts in Egypt to the laws that had been at the time of the Prophet (s) owing to the

[1] Glory be to Allah! If the mujtahids had had the right to change the verdicts, like this fatwa, according to the change of time even in that short time between the rule of Abu Bakr and Umar, then the verdicts and the texts of the Book and the Sunna would have vanished. Woe! How dangerous it will be if the mujtahids follow such a rule, which Allah has never revealed!
[2] Had they had any proof on that?!
[3] Time had no change and the change of time did not require changing the legal verdicts determined by the Book and the Sunna but ibn al-Qayyim did what he thought that it was the verdict of Allah.
[4] Glory be to Allah! What is this playing with the Sharia of Allah?!

base of the change of times.[1]
 

26. The prayer of taraweeh[2]

This kind of prayers had not been legislated by the Prophet (s) nor had it been offered at the time of Abu Bakr and Allah had never legislated to offer Nafila[3] prayer congregationally except for the prayer of Istisqa (invoking Allah for rain).
Allah had legislated congregation to offer the obligatory prayers like the five daily prayers, the prayer of Tawaf (circumambulation), the prayers of the two feasts (Eid), prayers of Aayat (signs; eclipse and the likes) and the prayer of funerals (for the dead).
The Prophet (s) was used to offer the supererogatory prayers in the nights of Ramadan individually. He advised the Muslims to offer these prayers and they offered them as they had seen the Prophet (s) offer them.
So was the matter during the reign of Abu Bakr until he died in the year thirteen of hijra and then Umar became the caliph. In that year Umar fasted at Ramadan and offered the prayers as the Prophet (s) and Abu Bakr had done without any change. When the next Ramadan of the fourteenth year of hijra came, Umar with some of his companions came to the mosque. He saw the people busy offering supererogatory prayers; some rising, some prostrating, some reciting the Qur'an and some glorifying Allah in a scene that did not please him and he saw that he had to reform this unpleasing scene; therefore he legislated the prayer of Taraweeh[4] for them to be offered at the beginning of night and to be offered congregationally. He sent his books to the different countries and appointed two imams in Medina; one for men and the other for women to lead the people in offering Taraweeh prayer congregationally. This fact has been

[1] No! but owing to the verdicts of the Book and the Sunna!!
[2] Nightly prayer during Ramadan.
[3] Supererogatory practice (prayer).
[4] Nafila is a prayer offered in the nights of Ramadan. The Sunni offer it congregationally while we, the Shia, offer it individually as the Prophet (s) has offered and as he has ordered: Offer prayers as you see me offering them.

mentioned in many true traditions.
Al-Bukhari and Muslim mentioned in their Sahihs that the Prophet (s) had said: He, who spends the nights of Ramadan in offering its supererogatory worships faithfully and sincerely, Allah will forgive all his previous sins. The Prophet (s) died and the rites of Ramadan were still as they were; nothing changed even at the time of Abu Bakr and some period of Umars rule.[1]
Al-Bukhari mentioned in his Sahih too that Abdurrahman bin Abdul Qarriy[2] had said: One night of Ramadan I went with Umar to the mosque. People were scattering here and there and each one was busy doing something. Umar said: I see if I could gather them to one imam it would be better. Then he decided and gathered them to Ubayy bin Kab. I went with Umar in another night and we saw the people offering the prayer behind their imam. Umar said: How good heresy it is!
Allama al-Qastalani said[3] when mentioning this saying of Umar How good heresy it is: He (Umar) called it heresy because the messenger of Allah (s) had not decided it to be congregational nor to be offered at the beginning of night nor had Abu Bakr (may Allah be pleased with him) decided that The same has been mentioned in Tuhfat al-Bari and other books of Hadith.
Allama Abul Waleed Muhammad bin Shuhna said in his book Rawdhat al-Manadhir when mentioning the death of Umar among the events of the year twenty-three of hijra: He was the first who had prohibited selling bondwomen, the first who had made people say four Takbeer Allahu akbar-Allah is great in the prayer of funerals, the first who had gathered people to an imam in offering Taraweeh Prayer
As-Sayooti mentioned in his book Tareekh al-Khulafa the initiatives

[1] Sahih of al-Bukhari, vol.1 p.233, Sahih of Muslim, vol.1 p.283.
[2] Abdul Qarriy was the official of Umar over the treasury. He narrated traditions from Umar, Abu Talha, Abu Ayyoob and Abu Hurayra. His son Muhammad, az-Zuhri and Yahya bin Jada bin Hubayra narrated traditions from him. He died in the year eighty of hijra.
[3] In the fourth page of his book Irshad as-Sari fee Sharh Sahih al-Bukhari, vol.4.

of Umar that he had quoted from al-Askari[1] saying: He (Umar) was the first to be called Ameerul Momineen, the first who had decided Taraweeh prayer to be congregational and to be offered at the beginning of night in Ramadan, the first who had prohibited temporary marriage, the first who had made people say four Takbeers in the prayer of funerals
Muhammad bin Sad said in his Tabaqat: He (Umar) was the first who had decided Taraweeh prayer to be congregational and to be offered at the beginning of night in Ramadan and ordered people to follow that and sent his books with this order to the different countries. It was in Ramadan of the year fourteen of hijra. He appointed two imams to lead the prayer of Taraweeh in Medina; one for men and the other for women
Ibn Abdul Birr said in his book al-Isteeab when mentioning the biography of Umar: It was he, who had lit the month of fasting (Ramadan) with the prayer of Taraweeh.
These scholars (may Allah forgive them) saw that Umar had found out (with his Taraweeh) a wisdom that Allah and His messenger had been inattentive of.
It was they themselves who were inattentive of the wisdom of Allah and His laws and systems. The wisdom behind not legislating supererogatory prayers of Ramadan to be offered congregationally is to let a believer be alone with his Lord in the heart of night in his house invoking Him, complaining to Him his grief, supplicating, repenting, hoping, resorting and confessing that there is no shelter save Allahs and there is no savior save Him.
Therefore Allah has let the obligations of Ramadan free from the tie of congregation to let the believers be alone with their Beneficent Lord in a spiritual connection. Making these obligations congregational may limit their use and benefit.
In addition to that; offering these Nafilas individually would not deprive the houses of blessing and honor of prayers and it would

[1] He was al-Hasan bin Abdullah bin Suhayl bin Saeed bin Yahya surnamed as Abu al-Laghawi. He had written a book called al-Awail (the firsts or the initiatives).

encourage the young generation to love prayers and to try imitating their parents and grandparents. This would have great effect on children and would fix faith in their minds and hearts.
Once Abdullah bin Massood asked the Prophet (s): Which is better; to pray in my house or in the mosque?
The Prophet (s) said: Do you not see how near to the mosque my house is? To pray in my house is more beloved to me than to pray in the mosque except for the obligatory prayers. This has been mentioned by Ahmad, ibn Maja, ibn Khuzayma and Zakiyuddeen Abdul Adheem bin Abdul Qawiy al-Munthiri.
Zayd bin Thabit narrated that the Prophet (s) had said: O people, offer your prayers in your houses except for the obligatory prayers because offering prayers in the house is better. It has been mentioned by an-Nassaiy and ibn Khuzayma.
Anass bin Malik narrated that the Prophet (s) had said: Honor your houses with some of your prayers. The Prophet (s) also said: The example of the house, in which Allah is mentioned, and the house, in which Allah is not mentioned, is like an alive and a dead. It has been mentioned by al-Bukhari and Muslim.
Jabir bin Abdullah narrated that the Prophet (s) had said: If one of you finishes his prayer in the mosque, let him give a share of his prayer to his house. Allah will grant his house with good because of his prayer (in it). It has been mentioned by Muslim, ibn Khuzayma and others.
But the caliph Umar (may Allah be pleased with him) was a man of organizing and strictness. He admired the congregational prayers, which had great social benefits which our ulama had discussed in full details. The Islamic Sharia has not ignored this side of the obligatory prayers but at the same time it has let the Nafilas to the other benefits of people. Allah has said: And it behooves not a believing man and a believing woman that they should have any choice in their matter when Allah and His Messenger have decided a matter. Qur'an, 33:36

27. The prayer of funerals

The Prophet (s) was used to say five Takbeers (Allahu akbar-Allah is great) in the prayer for the dead but the second caliph Umar admired to say only four Takbeers and he made people do that too. Many scholars have mentioned this fact such as as-Sayooti in his book Tareekh al-Khulafa, ibn Shuhna in his book Rawdhatul Manadhir and others.
Professor Khalid Muhammad Khalid has also mentioned this in his book Democracy which we have mentioned above.
Ahmad bin Hanbal mentioned in his Musnad[1] a tradition narrated by Zayd bin Arqam that Abdul Ala had said: Once I offered a prayer for a dead behind Zayd bin Arqam and he recited five Takbeers. Abu Eesa Abdurrahman bin Abu Layla came to him (to Zayd), caught his hand and said to him: Have you forgotten? Zayd said: No, but I have offered the prayer behind my beloved Abul Qassim (the Prophet) (s) and he recited five Takbeers. I will not give up that forever.
Zayd bin Arqam has offered the prayer of funeral for the companion Sad bin Jubayr, who was famous as Sad bin Habta,[2] and recited five Takbeers as mentioned by ibn Hajar in his Isaba and by ibn Qutayba in his Maarif.
Ahmad bin Hanbal mentioned a tradition narrated by Huthayfa that Yahya bin Abdullah al-Jabir had said: Once I offered a prayer of funerals in al-Madain behind Eesa the mawla of Huthayfa and he recited five Takbeers and then he turned towards us and said: I have neither forgotten nor have I mistaken but I have recited Takbeer as my master Huthayfa bin al-Yaman have offered a prayer for a dead and he have recited five Takbeers and then he turned towards us and said: I have neither forgotten nor have I mistaken but I have offered the Takbeers as the Prophet (s) have recited

[1] Vol.4 p.370.
[2] Habta was his mother.

them.[1]

28. Bequeathing between brothers and sisters

Allah has said: They ask you for a decision of the law. Say: Allah gives you a decision concerning the person who has neither parents nor offspring; if a man dies (and) he has no son and he has a sister, she shall have half of what he leaves, and he shall be her heir she has no son; but if there be two (sisters), they shall have two-thirds of what he leaves; and if there are brethren, men and women, then the male shall have the like of the portion of two females; Allah makes clear to you, lest you err; and Allah knows all things. Qur'an, 4:176
The verse is clear in concerning the obligation of bequeathing between brothers and sisters if the bequeather has no children. The word son here refers to the boy and the girl all the same.[2]
But Umar bin al-Khattab interpreted the word son mentioned in the verse to mean the male offspring only and so he equalled in inheritance between the daughter of a bequeather (a dead man) and his full sister; therefore he gave each of them a half of the inheritance. Then all the four Sunni sects followed him in this concern.
As for the infallible imams of Ahlul Bayt (s) and their followers, they have agreed unanimously on that the brothers and sisters and other relatives of a bequeather would have no right in the inheritance if the bequeather had a child whether it was a boy or a girl and whether it was one child or more. Their evidence was the saying of Allah: (and those who are akin are nearer one to another in the ordinance of Allah). They are too strict in depriving the other relatives of the inheritance if the bequeather has children even if it is one daughter. He, who wants to know more about the traditions of the Shia about the subject of inheritance, can refer to Wassail ash-Shia ila Ahkam

[1] Mentioned by Ahmad in his Musnad, vol.5 p.406, and by ath-Thahabi in his Mizan al-Itidal from Jareer ad-Dhabbi from Yahya al-Jabir.
[2] The lexicons of the Arabic language prove this matter clearly. Allah says: (Allah enjoins you concerning your (sons) children: The male shall have the equal of the portion of two females( 4:11. When an Arab man begets a girl he may say: By Allah, it is not a good son! In Arabic son refers to either a boy or a girl.

ash-Sharia and the other Shiite books of Hadith.
Once ibn Abbas was asked about a man who had died and left a daughter and a full sister. He said: The sister has no right to take anything from the inheritance and the daughter takes a half of the inheritance as her obligatory right and the other half belongs to her because she is the nearest relative to the dead man. The asker said to ibn Abbas: But Umar has judged something else! Ibn Abbas said: Are you more aware than Allah? The asker said: I could not be certain of that until I asked ibn Tawoos and mentioned to him what ibn Abbas had said. Ibn Tawoos said to me: My father told me that he had heard ibn Abbas saying: Allah has said: (if a man dies (and) he has no son and he has a sister, she shall have half of what he leaves) but you say: she shall have half of what he leaves even if he has a son (child).[1]
 

29. Shortage of inheritance

The Muslims have disagreed about the permissibility of shortage of inheritance. Shortage of inheritance is that inheritance becomes less than the shares of the heirs. For example when the heirs are two sisters and a husband; each sister should get a third of the inheritance and the husband should get a half of it.
The matter was ambiguous for the second caliph Umar. He did not know which of them Allah had given priority to the other so that he would give him/her priority and so he determined to distribute the shortage among the all according to the proportion of their shares and this was the utmost result he could reach to achieve justice when the matter became ambiguous to him.
But the infallible imams and the ulama of Ahlul Bayt (s) have known the prior and the later in this matter (and the people of a house are more aware of what there is in it).
Imam Abu Jafar al-Baqir (s) has said: Ameerul Mo'mineen Ali (s) said: He (Allah), Who has counted the grains of the sand of Aalige,

[1] Mustadrak of al-Hakim, vol.4 p.339 and it has been mentioned by many other scholars of Hadith.

knows that the shares (of inheritance) do not exceed six[1] if they (people) know the ways of their solution.
Ibn Abbas often said: Whoever likes I will challenge him before Allah near the Black Rock (in the Kaaba). Allah has never mentioned in His Book two halves and a third. He also said: Glory be to Allah, the Almighty! Do you think that He, Who has counted the sand of Aalige, has made in an inheritance a half and a half and a third? These two halves cover all the inheritance so where will the third be? It was said to him: O ibn Abbas, then who was the first one who had lessened (changed) the shares? He said: When the shares of inheritance became confused to Umar and they conflicted with each other, he said: By Allah, I do not know which of you Allah has given priority and which of you He has made later! I cannot but to distribute the inheritance equally among you. Ibn Abbas said: By Allah, if you give priority (in distributing inheritance) to those, whom Allah has given priority and you delay those, whom Allah has delayed, no share of inheritance will be lessened. It was said to him: Which one Allah has given priority and which one He has delayed? He said: Every share Allah has not replaced except with another obligatory share (to the same heir) is the one that He has given priority and every share that may be omitted if being conflicted with others is the one that Allah has delayed. Allah has given priority to the husband (of the (dead) bequeather) who should have a half of the inheritance but if another share conflicts with his, he should have a quarter. The same is said about the wife and the mother. But as for the shares that He has delayed they are the shares of the daughters and sisters who should have a half and two thirds but if there are other shares that conflict with theirs, they should get the remainder of the inheritance. If what Allah has given priority and what He has

[1] People at the time of Imam Ali (s) usually supposed everything to be of six parts as people nowadays suppose twenty-four carats. Imam Ali (s) wanted to say: would that you know the solutions of the shares when they conflict with each other! They do not exceed six shares. Since you do not perceive the ways of (distributing) the six shares, you add to the six inasmuch as the shortage. For example if the heirs are two parents, two daughters and a husband, the parents have two shares of the six, the two daughters have four (and so the six shares are complete) and then you add one and a half to the husband and so the shares exceed the six and become seven and a half shares and this is impossible to be imposed by Allah at all.

made later (of the shares) gathered together, those, which Allah has given priority, should be given first and if something of the inheritance remains, it should be given to the heirs, whom Allah has made later. This tradition has been mentioned by the Second Martyr in his book ar-Rawdha.
Al-Hakim has mentioned in his Mustadrak[1] that ibn Abbas had said: The first one, who had lessened the shares (of inheritance), was Umar. By Allah, if he has given priority (in distributing the shares of inheritance) to those, which Allah has given priority and he has delayed those, which Allah has delayed, no share would be lessened. It was said to him: Which of them Allah has given priority and which of them He has delayed? He said: Each share that Allah has not replaced except with another obligatory share (to the same heir) is the one that Allah has given priority like the shares of a husband, a wife and a mother and every share that is omitted if being conflicted with others is the one that Allah has delayed like the shares of sisters and daughters who should have the remainder of the inheritance. If what Allah has given priority and what He has delayed gather together, the prior heirs should be given their shares first and the remainder of the inheritance should be given to the others[2]
Hence if a husband, a mother and daughters are the heirs, the husband and the mother should be given their second (replaced) shares; a quarter of the inheritance for the husband, a sixth for the mother and the remainder of the inheritance should be divided equally between the two daughters. If there are sisters among these heirs, they will not deserve anything of the inheritance at all because the ranks of heirs due to kinship according to the belief of the infallible imams of Ahlul Bayt (s) and their followers are three; the first rank includes a father and a mother (without their fathers and mothers), sons and daughters, the second rank includes brothers, sisters, grandfathers and grandmothers and the second rank includes

[1] Vol.4 p.340.
[2] Al-Hakim said, after mentioning this tradition: This is a true tradition according to the conditions of Muslim but they (al-Bukhari and Muslim) did not mention it in their Sahihs. Ath-Thahabi has mentioned it confessing its truthfulness. We have accurate researches on this subject in our book The Answers of Musa Jarrullah, let them be referred to.

uncles and aunts (both father and mothers brothers and sisters). No one from the second rank inherits the bequeather if there is an heir from the first rank and so on. (and the possessors of relationships are nearer to each other in the ordinance of Allah). This is the belief of the infallible imams of Ahlul Bayt (s), whom Allah and His messenger have made as equal as the Book until the Day of Resurrection, and this is the belief of all of the Shia. Two sisters from the second rank will not inherit the bequeather if his mother is alive and Allah, the Almighty, is more aware!
 

30. Inheritance of grandfather when there are brothers

Al-Bayhaqi mentioned in his Sunan and in Shuabul Eeman[1] that Umar had asked the Prophet (s) about the inheritance of a grandfather when there were other brothers and the Prophet (s) had said to him: O Umar, why do you ask about this? I think that you will die before you will have understood this matter. The narrator of this tradition, Saeed bin al-Musayyab, said: Umar died before understanding this matter.
Umar has been confused in this matter throughout his rule that he has given seventy different judgments on it. Ubayda as-Salmani said: I have written down one hundred different judgments determined by Umar on the matter of the inheritance of grandfather.[2] Umar himself said: I have decided on the matter of grandfathers inheritance many judgments that I might have deviated from the truth.[3] At last Umar referred to Zayd bin Thabit in this matter.
Tariq bin Shihab az-Zuhri said: Umar bin al-Khattab has decided on the matter of the inheritance of grandfather when there were other brothers with him different judgments and then he gathered the companions and brought a tablet to write on it. They thought that he would make the grandfather (mentioned in the verse) as a father[4] but

[1] And mentioned by al-Muttaqi al-Hindi in Kanzol Ummal, vol. 6 p.15.
[2] Mentioned by ibn Shayba and al-Bayhaqi in their Sunan and ibn Sad in his Tabaqat and al-Muttaqi al-Hindi in Kanzol Ummal, vol. 6 p.15.
[3] Kanzol Ummal, vol. 6 p.15 from al-Bayhaqi in Shuab al-Eeman.
[4] It means to be treated as a father concerning the matter of inheritance.

at this time a snake appeared and they separated. Then Umar said: If Allah has willed to fix it, he would have done so. Then Umar went to Zayd bin Thabit in his house and said to him: I have come to you about the matter of the grandfather and I want to make him as a father. Zayd said to him: I do not agree with you to make him as a father. Umar became very angry and went away. Later on he sent for Zayd. Zayd wrote down his opinion about the matter on a tablet and sent it to Umar. When it reached Umar, he made a speech before the people and read for them what Zayd had written on the tablet and said: Zayd has given his opinion about the matter of grandfather and I have approved it.[1]

31. Common inheritance

The case was that a woman had died and left a husband, a mother, two brothers from her mother but not her father and two other brothers from her mother and father at the reign of the second caliph Umar. This case was offered twice before the caliph. In the first time he judged to give the dead womans husband his share, which was the half of the inheritance, to give her mother her share, which was a sixth, to give her two brothers from her mother the third; sixth to each of them and he excluded her two full brothers.
In the second time Umar wanted to decide the same judgment but one of the dead womens full brothers said to him: Suppose our father is a donkey, then you are to join us with our brothers due to our relation to our mother. And then he distributed the third of the inheritance among the four brothers equally. A man said to Umar: You have not done so in that year! Umar said: That case was as we have judged then and this one is as we judge now.[2]
 

[1] Hayat al-Haywan (animal life) by ad-Dimyari, chap. (Hayya-snake). He, who wants to see the confusion of Umar in this matter, can refer to the books of Hadith, the matter of inheritance. For example, let refer to Kanzol Ummal and Mustadrak of al-Hakim when talking about inheritance.
[2] Mentioned by al-Bayhaqi and ibn Abu Shayba in their Sunan and by Abdurrazaq in his Jami as in Kanzol Ummal, vol. 6 p.7, and mentioned by ash-Sharqawi in his Hashiya printed with al-Tahreer by Sheikh Zakariyya al-Ansari. The author of Majma al-Anhur fee Sharh Multaqa al-Abhur said: Firstly Umar believed in not participating all the brothers in the inheritance of their mother and then he changed his mind. The

This case has been called as al-Himariya because one of the brothers has said to Umar: Suppose that our father is a donkey (himar) It might also been called as al-Hajariyya or al-Yammiyya because it has been narrated that one of the brothers has said to Umar: Suppose that our father is a rock (hajar) thrown in the sea (yamm). Also it might be called as al-Umariyya because Umar has had two different judgments on it. It has also been called as common inheritance.[1] It was one of the famous cases among the jurisprudents of the four Sunni sects although they have disagreed among them about it; Abu Haneefa and his two companions, Ahmad bin Hanbal, Zafar, and ibn Abu Layla thought that the two full brothers had had no right of their mother inheritance as Umar had decided in the first time while Malik and ash-Shafiiy thought that the two full brothers had the right to participate with their other two brothers in the third of their mothers inheritance as Umar had decided in the second time.
As for the infallible imams of Ahlul Bayt (s) and their Shia, they have divided the heirs according to their relationship into three orderly classes. No one of the next class would inherit if someone of the previous class was available at all. Mother, according to the Shia, is from the first class unlike brothers and sisters, who are from the second class. This has been detailed full in the jurisprudence of the Shia. According to this principle, the judgment on this case would be as the following; the husband would get half of the inheritance as his due right and the rest would be for the mother of the dead woman; some of it as her due right and the other would belong to her because she was the nearest relative (first class) to the dead. No one of the brothers and sisters would get anything of the inheritance since their mothers mother was alive.
 

reason behind changing his mind was that he had been asked about the case and he answered according to his own opinion concerning the matter of inheritance and then one of the full brothers said to him: O Ameerul Momineen, if we suppose that our father is a donkey, are we not from one mother? Umar pondered a little and then he said: You are right. You all are from one mother. Then he spread the third of the inheritance among all of them. This event has been mentioned in this way by Ahmad Ameen in his book Fajr al-Islam, p.285.
[1] For more details refer to Taj al-Arooss by al-Wasiti.

32. The share of the heirs

Allah has said: Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and the near relatives leave, whether there is little or much of it; a stated portion. Qur'an, 4:7 and Allah enjoins you concerning your children: The male shall have the equal of the portion of two females. Qur'an, 4:11 All the verses of bequeathing and inheriting are in the same way of being general. They are mentioned in Sura of an-Nissa (4). So are the true traditions and the consensus of the umma concerning this subject.
Imam Abu Abdullah Jafar as-Sadiq (s) has said: Islam is to witness that there is no god but Allah and that Muhammad is the messenger of Allah, with which the bloods (of the Muslims) are spared and according to which marriages and inheriting are managed.
Imam Abu Jafar Muhammad al-Baqir (s) has said: Islam is as it appears via sayings and doings. It is that on which the groups of people of all the Islamic sects. It is that with which the bloods are spared, according to which marriages and inheriting are managed and with which people have gathered together on prayers, zakat, fasting Ramadan and offering the hajj. With it all these people have got out of unbelief and entered into faith.
But Malik bin Anass has mentioned in his Muwatta that Saeed bin al-Musayyab had said: Umar bin al-Khattab refused to give the non-Arabs[1] their inheritances except one who was born from Arab parents. Malik added: If a pregnant woman comes from the land of the enemy and gives birth to her child in the land of the Arabs, then her child will inherit her when she dies and she will inherit her child when he dies according to the Book of Allah.[2]

[1] Refusing to give the non-Arabs their inheritance might be because that it had not been proved to Umar that those people were legal heirs or that the dead was a Muslim and the heirs were unbelievers or that it had not been proved to Umar that they were among the relatives of the dead who would have deserved to inherit him. Allah is more aware!
[2] Muwatta of Malik, vol.2 p.11.