Biography of Imam `alĪ Ibn AbĪ-tĀlib
Retaliation Over `uthman’s Blood
Qisas or ‘blood-for-blood’ is a rule that is neither rejected by intelligence nor the Shari`ah. All civilized societies and religions agree on this. But every law has some exceptions, and this law too is not free of exceptions. Therefore, if someone is killed in punishment for some crime, or a person, in self-defense, kills someone, in both the situations, although a killing has taken place, neither the Shari`ah permits qisas nor intelligence supports it. In this manner several instances can be mentioned where the law of qisas cannot be applied. While one cannot deny the law of qisas, its applicability differs from circumstance to circumstance.
After Amir al-Mu’minin (a.s) assuming the caliphate, when the demand for the retaliation for the blood of `Uthman came up, it became a controversial issue. People were divided into two differing groups. One group considered that the killing of `Uthman was legitimate. For them there was no question of claiming qisas in this case. The other group considered his assassination a sin and a crime and forcefully championed the need for qisas. We are not debating here whether one group was right or the other. The problem was so intricate that immediate solution was next to impossible. These complications could have been removed if `Ali (a.s) considered the assassination illegitimate and gave attention to the claim of qisas. If he did that, the other group, who thought that the killing was justifiable in the circumstances the act was committed, would have reacted strongly. Taking the side of either of the two groups was fraught with danger. The need was to bring both the groups to the middle ground and make efforts to resolve the issue. There were pulls and pushes in all directions and neither the feelings of the claimants of the qisas nor of their opponents could be assuaged. It was also difficult to round up the culprits who perpetrated the act. Therefore, when Talhah and al-Zubayr, and other persons of their ilk, approached Amir al-Mu’minin (a.s) and demanded retaliation for the blood of `Uthman, he gauged the situation and said, “Whatever you know, I am not unaware of! But presently I do not have the power when the aggressors are in full flow and are overwhelming us, and we are not controlling them. Even your own slaves are siding with them and the
Bedouin Arabs too have joined them. At the moment, they are in your midst and could harm you if they wish to! Have you thought of a way to control the situation?”
The picture that `Ali (a.s) drew of the circumstances at that time, the history upholds as facts. The rebels were ruling the roost in al-Madinah and they had their influence everywhere. They did what they wished and none could open his mouth against them. If Amir al-Mu’minin (a.s) initiated steps for the qisas, it was not possible that the culprits would bow down their heads meekly to the executioner’s sword. They would have resisted the move with full force at their command that the lanes and by lanes of al-Madinah would have been gored with unnecessary bloodshed. They were not so meek and weak that they would easily surrender themselves. If it was so, the same claimants of the qisas could have overpowered them during the long siege that they held of `Uthman’s palace prior to his assassination. But at that time, they meekly surrendered their arms and, after the act were done, they were claiming for revenge. These champions of qisas themselves, overtly and covertly, acknowledged that the strength of the rebels was much more than their own. Therefore, they decided to battle with `Ali (a.s) and `A’ishah advised them to attack al-Madinah because the killers of `Uthman were boldly going around the streets of the city. Talhah, al-Zubayr and some others said:
“O Umm al-Mu’minin! Forget about al-Madinah. Because those who support us cannot fight the rebels. You must come with us to al-Basrah!”[1]
These people, despite having all the paraphernalia of war and men, were unable to start hostilities in al-Madinah, and made an excuse that they were not in a position to face the rebels. If they were really, and truly, seeking qisas, there was no need to shift their theatre to al-Basrah. Their purpose was something else and the qisas was just a ruse. Their aim was to open a front against `Ali (a.s) and overturn his rule and pave the way for their own hunger for power. It was not possible to pin the responsibility for the killing of `Uthman on, one, two or a few persons. The populations of al-Madinah, Egypt and al-Basrah were fed up of the oppressive measures of `Uthman, and his coterie, and they had turned mortally against him. Those who instigated the killers were Muhajirūn, Ansar and even the senior Companions who wrote letters to the miscreants to teach him a lesson. To identify one or two killers was not possible and killing thousands for one life was not admissible in the Shari`ah.
[1] Tārīkh al-Tabarī, Vol 3, Page 40
One way to claim qisas was to execute all the persons who took part in the conspiracy, be they the Companions; from al-Madinah, Egypt, al-Basrah or al-Kūfah. The other way was to identify the real killers from the rebels and, establish their guilt by getting witnesses and then executing them. Witnesses were possible if there were some people at the place and time of the killing. Some Umayyads who were at `Uthman’s place had meekly melted away sensing danger or took shelter in Ummu-Habibah’s house. However, Na’ilah bint Farafisah was there, but she was not able to identify anyone! Therefore, when Amir al-Mu’minin (a.s) asked her about the killers, she said:
“I do not know. However with Muhammad ibn Abi-Bakr two persons came, whom I do not know.”[1]
If it is assumed that the killers were alive, and the crime of murder was also established against them, one has to study the reasons that motivated them to take that extreme step. It is a fact that the crime was not committed as an act on the spur of the time. It happened after long parleys and discussions. Therefore, delegations from different places kept visiting `Uthman and complaining about the tyrannies perpetrated by his functionaries. But all these appeals had no effect on the caliph. In fact, on several occasions he had asked his men to be more harsh with the complainants. To send the delegates away, he always promised redressal, that he never seriously meant. He used to tell them:
“Whoever you want to be appointed the functionary, I shall appoint him. Whichever functionary you wish to be deposed, I shall do that. This would mean that I have no authority and your rule prevails!”[2]
It was natural that the delegates were upset at this outburst. They said that removing the tyrants and delivering justice was not in his power, he might as well demit his office and sit at home. If he did not act, they said, they might have to take the ultimate step. `Uthman asked them for what crime they intended to kill him. He added that killing is a punishment for recanting from the Faith, adultery or unnecessary killing. He said that he had not committed any of those sins. The delegates said that, according to Allah’s Book, those who obstruct or deny others’ rights deserve to be killed. On the strength of your officers got the most respected Companions beaten up, frightened them and exiled them unnecessarily, on the people untold miseries were heaped by
[1] Al-Sawā`iq al-Muhriqah, Page 118
[2] Al-Kāmil fit-Tārīkh, Vol 3, Page 86
your hand picked functionaries. Those who fought for their rights, they were put to sword. If we accept that those who are your protectors with swords in their hands are perpetrating cruelties on the people without your consent, then their swords are also upholding your caliphate. If you demit office, their swords too will go blunt and they will sit peacefully at their homes! `Uthman could not reply and went quietly inside his home.
This conversation proves that they took the ultimate step when they had already made the matters clear to `Uthman and were convinced that according to the Qur’an and Shari`ah, they were justified in what they wanted to do. This has been proved right by the thoughts and actions of the senior Companions. Therefore, `A’ishah, Talhah ibn `Ubaydullah, al-Zubayr ibn Awwam, `Amr ibn al-`As and other eminent Companions were giving fatwas justifying the killing. If the Battle of the Camel fought by Talhah, al-Zubayr and `A’ishah has been termed as khata’ ijtihadi (Error in Interpretation), the ijtihad justifying his killing could also be condoned as their error of interpretation. Any way, they quoted the Holy Qur’an to justify the killing, and a killing that takes place because of an interpretation of the Qur’an, is not subject to qisas. Therefore, Mulla `Ali Qari writes: