More Facts on Fadak

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                            More Facts on Fadak
                Comments from Futuhul Buldan by Baladhuri's

Now we present with some comments, regarding Khums and Fa'y some quotations
from Baladhuri's Futuhul Buldan, Urdu translation, Jami'a Uthmania,
Hyderabad Deccan.

1. At last they sought peace on these terms - ' We shall go away from your
town, leaving our weapons and mail coats, shall take with us only those
articles which can be loaded on camels. All other articles including
weapons, mail coats, oases, and lands will be the property of the Prophet
of Allah. On this account the properties of Bani Nazir became under the
Holy Prophet's ownership. He used to get the land with the palm-date trees
cultivated, and from its income he defrayed the expenses of his dependents
for the whole year.'

(Vol. 1, page 25, Chapter The properties of Bani Nuzair).

>From narration 1, it is established that the properties of Bani Nuzair
exclusively belonged to the Holy Prophet. He got these lands cultivated for
the subsistence of his dependents.

2. The narrator says that in this verse Allah has brought home to the
Muslims that these properties were exclusively of the Holy Prophet and for
no one else. (page 26).

>From narration 2, it is established that since Muslims had not exhausted
their horses and camels against Bani Nuzair their properties were meant
exclusively for the Holy Prophet and for no one else.

3. Caliph Umar said ' The properties of Bani Nuzair were among those
properties which Allah had given to His Prophet without fighting and on
which the Muslims had not galloped their horses or camels. On that account
they were the Holy Prophet's exclusive property. From them he used to
defray the expenses of his dependents for the whole year, and whatever was
saved from it was spent in the way of Allah or for horses and weapons.
(page 28).

>From narration 3, it is established that Caliph Umar used to say that the
properties of Bani Nuzair exclusively belonged to the Holy Prophet and from
them he used to defray the expenses for his dependents for the whole year.

4. It is said on return from Khyber the Holy Prophet sent Mohayyasah bin
Mas'ud Ansari to the people of Fadak to invite them to Islam. At that time
their chief was a man from among themselves named Yusha' bin Noon, the Jew.
He offered to make peace with the Prophet by giving half the land to him,
and the Holy Prophet accepted it. Hence, Fadak became exclusively the
Prophet's property because the Muslims had not advanced on it with their
horses and camels. (page 45).

>From narration 4, it is established that Fadak was granted by Allah to His
Prophet without fighting. Therefore it was exclusively meant for the Holy
Prophet.

5. Fatimah said to Caliph Abu Bakr,  ' Give Fadak to me because the Holy
Prophet had reserved it for me'  and presented Ali as her witness. He (Abu
Bakr) demanded another witness. She produced Umme Aiman. He said, ' O
daughter of the Prophet! You know that evidence is not complete unless it
is given by one man and two women'. Hearing this she went away. (pp. 47-
48).

>From narration 5, it is established that Fatimah said to Abu Bakr ' Give
Fadak to me, since the Prophet of Allah had reserved it for me' . In reply
she was asked to produce witnesses who were afterwards rejected.

6. Fatimah said to Caliph Abu Bakr ' Give Fadak to me because the Holy
Prophet had given it to me' . He deman- ded proof. She produced Umme Aiman
and Rubab, the freed slave-girl of the Prophet. Both gave evidence. Abu
Bakr said, ' In any case this evidence is not enough. The evidence should
be of one man and two women' . (page 48).

>From narration 6, it is established that Fatimah said to Abu Bakr, ' Give
Fadak to me because the Prophet of Allah had given it to me' , which means
that Fadak was in the possession and control of Fatimah from the days of
the Holy Prophet and no one had the authority to deprive Fatimah of it.

7. Fatimah went to Caliph Abu Bakr and inquired, ' When you- die who will
be your successor' ? He said, ' My issues' . Fatimah said, ' Then how is it
that despite our presence you have become the successor of the Holy
Prophet' . He said, ' O daughter of the Prophet! By Allah I have not
inherited gold or silver or any other thing from your father' . She said, '
Khyber is our share and Fadak is a gift to us' . He said, ' O daughter of
the Prophet! I have heard from the Holy Prophet, ' This source of living is
till my life. After me, it should be distributed among the Muslims' . (page
48).

>From narration 7, it is established that F Fatimah inquired from Abu Bakr,
' When you die who will be your successor?'  Abu Bakr said, ' My issues '.
Fatimah there-- upon said, 'and then how is it that despite our presence
yolk -have become the successor of the Holy Prophet ', and in reply Abu
Bakr said, ' I have heard the Holy Prophet saying, ' this source of living
is till my life; after me it should be distributed among the Muslims' .

A few questions arise here. First, whether after the Holy Prophet the
economic necessities of Ale Muhammad would also come to an end? Secondly,
whether Allah excluded Ale Muhammad from the rule of inheritance. Thirdly,
is there any verse in the Holy Quran from which it may be established that
if Abu Bakr dies his issues should inherit him and when Muhammad bin
Abdullah dies, his issues should not inherit him.

8. The verse ' Since you did not have to exhaust your horses and camels (or
even fight)' , pertains to Fadak and such other areas of Arabia, which were
exclusively reserved for the Holy Prophet. (page 49).

>From narration 8, it is established that Fadak and some areas of Arabia
were exclusively reserved for the Holy Prophet.

9. After this in the year 210 A.H. Amirul Mo'minin, Mamun Abdullah bin
Harunur Rashid ordered restoration of Fadak to the descendants of Fatimah
and wrote about it to Qasim bin Ja'far who was his Governor in Medina ' By
virtue of his position in the religion and being a near kinsman of the Holy
Prophet, Amirul Mo'minin is apt to abide by his Sunnah and enforce his
commands, and to give over anything that he might have bequeathed to anyone
as charity or gift. The succour and protection of Allah is in favour of
Amirul Mo'minin and by every act, he aims at His Pleasure.

' The Holy Prophet had gifted Fadak to his daughter Fatimah. This was such
a well-known matter that there was no difference about it among the
descendants of the Prophet. On this basis Fadak had been demanded from
Amirul Mo'minin. The disposal of this matter was very important for him by
virtue of his sincerity towards the Prophet. Therefore, Amirul Mo'minin
deems it proper to restore Fadak to the descendants of Fatimah, and entrust
it to them so as to secure Pleasure of Allah by upholding right and justice
and of the Prophet by enforcing his command. Accordingly Amirul Mo'minin
orders that this be entered in his records and his officers be informed
accordingly.

Since after the Prophet it was announced in every Haj that whoever had been
given any charity or gift or had been promised anything should come and his
statement would be accepted, and his share would be made over to him,
Fatimah was more entitled to it that her statement in respect of what had
been reserved for her should be taken as true.

Amirul Mo'minin has ordered his freed slave Mubarak Tabari that Fadak in
its original boundaries together with all the rights appertaining to it now
and also along with its working slaves, and its revenues, should be handed
over to the descendants of Fatimah i.e. Muhammad bin Yahya bin Husayn bin
Zayd bin Ali bin Husayn bin Ali bin Abi Talib, because Amirul Mo'minin has
made them trustees for the administration of these matters.

So know that this is according to the view of Amirul Mo'minin and it has
been put in his mind by Allah because of the obedience and service that he
performs and of the determination that Allah gave him through the nearness
that he enjoys with Allah and His Prophet. You should appraise Mubarak
Tabari of this and deal with Muhammad bin Yahya and Muhammad bin Abdullah
whom Amirul Mo'minin has appointed trustees in the same manner in which you
had held dealing with Mubarak Tabari, and co-operate with them in the
matter in which, if Allah wills, the development, improvement and
prosperity of Fadak is involved, and increase of its produce is aimed at.
(page 50).

The edict has been written on Wednesday the 2nd day of Zi'qadah in the year
210 A.H.

But when Mutawakkil became the caliph, he reversed the position of Fadak.

>From narration 9, an edict of Caliph Mamun has been given. He wrote to his
Governor at Medina, Qasim bin Ja'far to restore Fadak to- the descendants
of Fatimah. In it Mamun has clearly written that the Holy Prophet had
gifted Fadak to Fatimah. He has also written that during the days of Haj it
was announced that if the Holy Prophet made any promise to someone he
should say so, and the words of those making such claims were accepted and
no witnesses were asked for. As such, Fatimah argued that her claim should
be accepted and she should be given what had been reserved for her by the
Holy Prophet. But alas, it was not done. Everyone among the common people
was given according to his claim, without any witness as called for, but
the daughter of the Holy Prophet, for whose truthful- ness Allah revealed
the verse of Purification (Vide, al-Qur'an, 33 33) in the Holy Qur'an, was
made to produce witnesses, and on presentation of the witnesses also, the
claim was disallowed.

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