Al Nass Wal Ijtihad

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 man’s 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 Mo’mineen, 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 Jareer’s Tareekh, Ibnul Atheer’s Tareekh, Ibn Sa’d’s Tabaqat, al-Halabi’s Seera, ad-Dahlani’s 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!

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forgave him and went out.[^1]

As-Sadiy said: “One night Umar went out with Abdullah bin Mass’ood. He saw a light of fire. He (with ibn Mass’ood) followed the light until he entered the house. There was a lamp inside the house. He came in and left Abdullah bin Mass’ood 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 Umar’s 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 Mass’ood, who was with me…”[^2]

Ash-Shi’bi 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-Khara’ity, Kanzol Ummal, vol. 2 p.167, Sharh Nahjol Balagha, vol. 3 p.96, Ihya’ul Uloom by al-Ghazali, p.137. [^2] Al-Qat’ wes-Sariqa (cut and theft) by Abu al-Sheikh, Kanzol Ummal, vol.2 p. 141.

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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 Abdurrahman’s hand and said to him: “This is the house of Rabee’a 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 Mihjan’s house. Abu Mihjan said to him: “O Ameerul Mo’mineen, 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 Mo’mineen.” Umar went out and let him alone.”[^4] He, who followed the traditions about Umar’s 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-Khara’ity 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.

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

53. Legislating a limit to women’s 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 women’s 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.

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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-Ash’ary 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 Sa’d 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 Sa’d 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 permissible…to 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 Mus’ab 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.

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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 Abdullah’s 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 Balta’a 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 master’s 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 Qur’anic verse had talked about: “But he who is driven by necessity, neither craving

[^1] Al-Bukhari's Sahih, vol. 1 p.19. [^2] A’lam al-Muwaqqi’een, p.32, Fajr al-Islam by Ahmad Ameen, p.287, al-Isaba by ibn Hajar, vol.2 biography of Abdurrahman bin Hatib.

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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 Sa’d 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 Ja’da from the tribe of Sulaym.” When Ja’da came, Umar whipped him one hundred whips after tying him and he forbade him from visiting any woman, whose husband was absent.

[^1] Al-Istee’ab by ibn Abdul Birr, Hayat al-Hauwan by ad-Dimyari, chap. of “snake”. [^2] Vol.3 p.205.

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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 Ju’da by claiming that he had committed sins against young girls from the tribes of Sa’d bin Bakr, Sulaym, Juhayna and Ghifar by tying them and trying to violate their honors. This was all what had been ascribed to Ju’da 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 Shu’ba that you will see soon inshallah.

57. Canceling the penalty of al-Mugheera

Al-Mugheera bin Shu’ba 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 Prophet’s companions, and Shibl bin Ma’bad 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.

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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-A’yan. He said: “As for the matter of al-Mugheera bin Shu’ba and the witness against him…Umar had appointed al-Mugheera bin Shu’ba as the emir of Basra. He often left Darul Imara (the ruler’s 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-Jashmi…while Abu Bakra and his brothers Nafi’, Ziyad and Shibl bin Ma’bad, 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 Jameel’s 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

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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 Mo’mineen 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 (…).” Ziyad’s eyes began shedding tears and his face became reddish. He said: “O Ameerul Mo’mineen, 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.”

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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 Bakra’s 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 Shu’ba, 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 Ma’bad…Ziyad 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 Khillikan’s saying about this tragedy and its concerns. Refer to Wafiyyat al-A’yan, vol.2, biography of Yazeed bin

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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 Ma’bad 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.

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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 Rabee’a 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 Bakr’s 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 Ja’da as-Salami, Dhabee’ at-Tameemi, Nasr bin Hajjaj, his cousin Abu Thu’ayb, 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.

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He enriched the treasury. He was too strict in punishing his officials…and 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 Mo’awiya despite the differences between them. He had never punished Mo’awiya 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 Mo’awiya 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 people’s 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 Hurayra’s mother. This word of the caliph was among the worst words of abuse.

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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 Qur’an, 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 Sa’d in his book at-Tabaqat al-Kubra (Abu Huraya’s biography)[^2] narrated by Muhammad bin Seereen that Abu Hurayra had said: “Umar said to me: “O enemy of Allah and enemy of his Qur’an, did you steal the wealth of the Muslims…etc.” 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 Sa’d bin Abu Waqqas

Umar had appointed S’ad bin Abu Waqqas as the emir of Kufa and then he had been informed that Sa’d concealed himself in his palace from people. Umar sent for Muhammad bin Maslama and said to him: “Go to Sa’d 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 Sa’d. Sa’d 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-Ash’ath 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.

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(dirhams or dinars). Umar knew about that where nothing of Khalid’s 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-Ash’ath. 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-Ash’ath 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 Khalid’s turban and cap, made him stand up and tied his leg with his turban and then he asked him: “Wherefrom have you gifted al-Ash’ath? 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 Khaild’s 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.