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Usurping the Land of Fadak
Hadhrat Fatimah (AS) the only surviving child of the Prophet, his most
beloved, claimed inheritance of the properties in the lands of Medina,
Khaibar, and also Fadak, which were acquired by Prophet from the Jews
without the use of force. The Prophet (PBUH&HF) had already given her
those properties in order to maintain Ahlul-Bayt and their followers,
in accordance with the commands of Allah. However they were confiscated
after the death of prophet (PBUH&HF).
Brother Khalid wrote:
Khalid> Next the issue of RasulAllah's inheritance. Garden of Fadak, as it
Khalid> is known. First we have to ascertain, if RasulAllah ever had any
Khalid> property at the time of his death. We all know that after Nabuwat,
Khalid> Prophet (SAAW) had no means of income. All of his time was being
Khalid> devoted in the cause of Allah. In Mecca his own means for living
Khalid> was whatever Khadija had and after hijrat to Medina he was
Khalid> absolutely broke. Later on when the chains of war against infidels
Khalid> started, it was revealed by Allah to obtain 5th part of the
Khalid> plunder was meant for RasulAllah. Please refer sura "Anfal" ayat
Khalid> 41. Accordingly, RasulAllah's source of
To start with I would like to mention the verse from the Quran that brother
Khalid has mentioned, concerning the verse for Khums. Though it is out of
context but it won't hurt to mention that the word Khums (literally meaning
1/5 th) is NOT restricted to the plunder of the war against the infidels.
Here I would rely on the hadith, but before that the Verse is as follows
And know ye (O believers) that whatever of a thing ye acquire a fifth
of it is for God, and for the Apostle and for the (Apostle's) near
relatives and the orphans and the needy and the way farer ... [8:41]
Now the hadith that clearly mentions the fact that the Khums is not
restricted to the plunders of wars as many Sunni brothers and sisters
believe.
Sahih al-Bukhari Hadith: 4.327 (page 213)
Narrated Ibn Abbas:
The delegates of the tribe of Abdul Qais came and said: `O Allah's
Apostle ! We are from the tribe of Rabia and between us and you stand
stand the infidels of the tribe of Mudar, so we cannot come to you
except in the Haram Months. So please order us some instructions that
we may apply it to ourselves and also invite our people left behind us
to observe as well. ' The Prophet (PBUH) said: `I order you to do four
(4) things and forbid you to do four (4): I order you to believe in
Allah, that is, to testify that None has the right to be worshipped
but Allah (the Prophet (PBUH) pointed with his hand) ; to offer
prayers perfectly, to pay Zakat, to fast the month of Ramadhan, and to
pay the Khums.
Now a few points, before we proceed to the conclusion
- It seems that the tribe of Bani Abdul Qais was not a strong tribe. More
over when they had to travel to Medina, they had to cross a land that was
inhabited by a tribe (Muzar) that was against the Muslims.
- This left them no portions to travel only in the Haram months, the months
when the war fare was forbidden. This therefore leaves us no room to
interpret the application in the above hadith to the spoils of war
exclusively.
Khalid> income was from few oasis which were abandoned by Bani Alnaseer in
Khalid> Medina. RasulAllah used part of this income for the maintenance of
Khalid> his family and what ever was left, used to be spent in the name of
Khalid> Allah. Please note that this was not a property owned by
Khalid> RasulAllah, but was in his use as a leader of Islamic state.
Khalid> Obviously, he was NOT there to accumulate properties and estates
Khalid> for himself. This privilege could only be extended to him as long
Khalid> as he was alive And he had made it quite clear in his lifetime.
Khalid> al-Bukhari, Muslim, Motha and Masand-e-Ahmed have recorded,"my
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Khalid> heirs will not distribute anything. Whatever I leave will be an
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Khalid> allowance for
You have mentioned that the Prophet (PBUH) had narrated (as you claim in
the books of al-Bukhari, Muslim, Musnad Ahmed etc ...) his heirs will not
distribute anything. Before I impart you with the authenticated references
let me make it clear what the word 'heir' means, it means one who inherits
or who is legally entitled to inherit. [ Also in the later part of the
article you have mentioned that only three (3) persons were entitled to
claim the property of Fadak (Imam Ali, Fatimah and Ibn Abbas), so it would
be safe to assume following your claim that only the above three (3) would
be the Prophets (PBUH) heirs ].
Your claim that the 'heirs' will not distribute anything is contrary to
what I found in the Sunni books of traditions:
Imam Ali (AS) said that he heard the Messenger of Allah (PBUH) saying:
I have granted in Ali five things, none of which was granted to any
Prophet (PBUH) before me. One of these is that Ali will repay my debts
and will bury me. ^^^^^^^^^^^^^^^^^^^^^^^
Sunni reference:
- Musnad of Imam Ahmed, v5, p45
- Musnad of Imam Ahmed, v6, p155
- Kanz al-Ummal, v6, pp 153,155,404
I shall cite a Quranic Verse in the support of the statement that the heirs
of the Prophet (PBUH) repaid his debts. With reference to the Quranic Verse
(26: 124), Ibn Mardawayh has recorded a tradition as related by Ali, who
said that when the verse "Give warning to your closest relatives" was
revealed, the Messenger of Allah (PBUH) said:
"Ali will repay my debts and fulfill my promises."
- Kanz al-Ummal, v6, p401
Again Imam Ahmed (in his Musnad) states a hadith from the Prophet (PBUH)
as follows:
"None will repay my debts and discharge my duties except me or Ali."
- Musnad of Imam Ahmed, v4, p174
Khalid> my wives and payment for my doers and whatever is left is Alms. Now
^^^^^^^^^^^^^^^^^^^^^^
Khalid> let us observe how this inheritance issue arose and what actions
Khalid> wee taken by the caliphs.
Now with reference to the above hadiths who gave Abu Bakr the right to
distribute the Property of the Prophet (PBUH), when the Holy Apostle (PBUH)
had clearly mentioned that it was Imam Ali (AS) and Imam Ali (AS) alone who
was entitled to distribute his property and/or repay his debts. Let me
quote one more tradition that would state that Imam Ali (AS) paid of the
debts of the Prophet (PBUH) through his *own account*. The tradition is as
follows:
After the death of the Prophet (PBUH) Ali discharged certain duties.
Most of these were the promises and the contracts made by the Prophet
which Ali fulfilled. I think that he had mentioned 5000 (Five
thousand) dirhams, which were repaid by Ali.
- Kanz al-Ummal, v4, p60
Please bear in mind that the debt was paid from the personal property of
Imam Ali (AS) and not from the Baitul-Mal, this was also followed by Imam
Hasan, Imam Hussain.
In this connection, the following is reported in Tabaqat of Ibn Sa'd:
Abdul Wahid Abi Aun reports that after the demise of the Holy Prophet
(PBUH&HF), Ali ordered an announcer to make it known if there was some
one to whom the Prophet (PBUH&HF) owed some debt or promise, he should
have if from Ali. After Ali, hassan, hussain repeated the same thing.
It means that after the passing away of the Prophet (PBUH&HF) his
descendants continued announcing publicly for fifty (50) years their
responsibilities, which they fulfilled.
It is very interesting to note that the promises of the Holy Prophet (PBUH)
and his debts are paid off by the Ahlul-Bayt and the heir to the Prophet's
property becomes Abu Bakr, what a weird phenomena!
Khalid> according to Islamic law, there could only be three heirs. One
Khalid> Fatimah as his daughter, then Abbas as his uncle and third his
Khalid> wives. The first two parties presented their inheritance soon after
Khalid> Abu- Bakr came to power. In certain stories Fatimah even said this
Khalid> to Abu-Bakr,O if your bequest is to be distributed among your
Khalid> heirs, then how come I can not get my inheritance from what is left
Khalid> by my father? Upon this Abu-Bakr said,O RasulAllah said that I will
Khalid> not leave any inheritance. Whatever I will leave will go to the
Khalid> Alms. But, Abu-Bakr said, I will not leave any such thing which
Khalid> RasulAllah did, because I am afraid if I do so I will go astray.
Khalid> However I will continue maintaining those who were being maintained
Khalid> by him and continue spending on those on whom he used to spend. By
Khalid> Allah, it is more lovable for me to be kind to his relatives than
Khalid> it is for me to my relative. I have not read anywhere that upon
Khalid> listening to this Fatimah or Abbas accused Abu-Bakr for any wrong
Khalid> doing. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Contrary to your claim that Abu Bakr was not accused of doing something
wrong, and I can base this on the attitude of Hadhrat Fatimah (AS) here I
present a hadith from al-Bukhari:
Sahih al-Bukhari Hadith: 4.325 (page 208)
Narrated Aisha, the mother of believers:
After the death of Allah's Apostle Fatimah (AS), the daughter of
Allah's Apostle asked Abu Bakr As Siddiq to give her, her share of
inheritance from what Allah's Apostle (PBUH) had left of the Fai which
Allah had given him. Abu Bakr said to her: "Allah's Apostle said: `Our
Property will not be inherited, what ever we (Prophets) leave is
Sadiqa (to be used for Charity)."
Fatimah (AS) the daughter of the Prophet (PBUH) got angry and stopped
speaking to Abu Bakr, and continued assuming that attitude till she
died. Fatimah (AS) remained alive for six months after the death of
the Prophet (PBUH). She used to ask Abu Bakr for her share from the
Property of Allah's Apostle which he (PBUH) left at Khaibar and his
Property at Medina ...
I can base the following conclusions from the above hadith
- Janabe Fatimah al-Zahra (AS) were displeased with the refusal of her
share by Abu Bakr
- She continued to be displeased (Bukhari uses the word angry) till the day
she departed from this World, that had showed her so much pain and
trouble after the death of the Prophet (PBUH) that reminds me of the
famous saying from her holiness "If my father (PBUH) were alive today,
and he had seen me succumb to all the pain and miseries, the days would
have turned into nights."
- She asked for her share of inheritance repeatedly, as confirmed in the
above report.
- Brother Khaild also claims that Hadhrat Fatimah (AS) never accused Abu
Bakr of some thing wrong, before I make my point it would be helpful to
bring another hadith from al-Bukhar:
Sahih al-Bukhari Hadith: 5.546 (page 381):
... She (Fatimah (AS)) remained alive for six (6) months after the
death of the Prophet (PBUH). When she died, her husband Ali buried her
at night without informing Abu Bakr and he said the funeral prayer
himself ...
Also the reknowned Sunni Historian Tabari writes:
Abu Salih al Dirari- Abd al Razzaq b. Hammam- Mamar- al
Zuhri - Urwah- Aishah: Fatimah and al Abbas came to Abu
Bakr demanding their [share of] inheritance of the Messenger
of God. They were demanding the Messenger of Gods's lan in
Fadak and his share of Khaybar ['s tribute]. Abu Bakr replied,
"I have heard the Messenger of God say: 'Our [i.e the prophet's
property] cannot be inherited and whatever we leave behins is
alms [i.e to be given in charity]. The family of Muhammad will
eat from it. ' By God, I will not abandon a course which I saw
the Messenger of God practicing, but will continue doing it
accordingly." Fatimah shunned him and did not speak to him about
^^^^^^^^^^^^^^^
it untill she died. Ali buried her at night and did not permit
^^^^^^^^^^^^^^^^^^
Abu Bakr to attend [her burial].
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Sunni references:
- Tabari, vol IX p 196 [The Events of the Year 11, English version],
- Tabaqat of Ibne Sad, vol VIII p 29,
- Yaqubi History, vol II p 117,
- Masudi in his Tanbih, p 250 [The last three are mentioned in the
footnotes of Tabari's book]
- al Bayhaqi, vol 4 p 29
- Musnad, Ahmad Hanbal, vol 1 p 9
- Tarikh, Ibn Katheer, vol 5 p 285-86
- Sharah, ibn al Hadid, vol 6 p 46
In this connection, Umm Jafar, the daughter of Muhammad ibn Jafar, narrated
about the request of Fatima (as) to Asma bint Umays near her death that:
When I die, I want you and Ali to wash me, and do not
allow anyone to go into me (in my house).
When she died Aishah came to enter, Asma told her, ' Do not enter, ' Aishah
complained to Abu Bakr saying,
This Khathamiyyah (a woman from the tribe of Katham, i.e
Asma) intervenes between us and the daughter of Messenger
of Allah (PBUH&HF).
Then Abu Bakr, came and stood at the door and said:
O Asma, what makes you prevent, thw wives of the Prophet
from entering into the daughter of the Messenger of
Allah?
Asma replied:
She had herself ordered me not to allow anyone to enter
into her.
Abu Bakr said:
Do what she has ordered you.
Sunni references:
- Hilyatul Awliya, vol 2 p 43
- as Sunan al Kubra, vol 3 p 396
- Ansab al Ashraf, vol 1 p 405
- al Istiab, vol 4 p 1897-98
- Usudul Ghabah, vol 5 p 524
- al Isabah, vol 4 p 378-89
Muhammad ibn Umar al Waqidi said:
It has been proved to us that Ali (as) performed her funeral
prayer and buried her by night, accompanied by al Abbas and
al Fadl (his son), and did not notify anyone.
It was for this reason that Fatimah's (as) burial place was hidden
and is unknown till today.
Sunni references:
- Mustadrak, al Hakim, vol 3 p 162-63
- Ansab al Ashraf, vol 1 p 402, 405
- al Istiab, vol 4 p 1898
- Usudul Ghabah, vol 5 p 524-25
- al Isabah, vol 4 p 379-80
- Tabaqat, Ibn Sa'ad, vol 8 p 19-20
- Sharah, Ibn al HAdid, vol 16 p 279-81
If I were to assume that She didn't accuse Abu Bakr of anything wrong, then
why was She angry with Abu Bakr, why did she not allow Abu Bakr to attend
her funeral (as stated in her will). Surprisingly, al-Bukhari clearly
mentions that She had instructed Imam Ali (AS) not to inform Abu Bakr. If
Fatimah is the leading ladies among all the ladies, and if She is and was
the only lady in the entire Muslim Nation that Allah kept clean and pure,
then her anger could not be but just. It is because of this very reason
that:
Abu Bakr said: "May Allah save me from His anger and Fatimah's anger"
(the same words used by al-Bukhari) then he cried bitterly when she
said, "By Allah, I will curse you in every prayer that I do." He came
crying out and said: "I do not need your pledge of allegiance and
discharge me from my duties."
- Sunni reference: Tarikhul Khulafa by Ibn Qutaybah, v1, p120
Khalid> Now the third group, ie; his wives. They also thought of sending
Khalid> Usman to Abu Bakr as their rep to demand their eighth share. But
Khalid> Aisha opposed it and all the wives withdrew from such demand. One
Khalid> thing in this regards is that it is also said that RasulAllah, in
Khalid> his lifetime decided that this particular oasis (fidak) will be
Khalid> given to Fatima.
Was Fadak Muhammads (pbuh&hf) property ?
----------------------------------------
Fadak was alloted to the Prophet (pbuh&hf), because it had been acquired
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
by treaty. The inhabitants, according to the treaty, were to remain there
while giving up half of their lands and half the produce.
Sunni references:
- Tabari, vol IX p 196 [The Last years of the Prophet English version]
- Futuhal Buldan p 42
- Tarekhe Khamees vol 2 p 64
- Tarikhe Kamil (Ibn Atheer) vol 2 p 85
- Seerah by Ibn Hisham vol 3 p 48
- at Tarikh, Ibn Khuldun, vol 2 part 2
The historian and the geographical scholar Ahmad ibn Yahya al Baladhuri
writes
Fadak was the personal property of the Prophet (PBUH&HF) as
the Muslims had not used their horses or camels for it.
- Futuhul Baldan, vol 1 p33
Umar ibn al Khattab himself regarded Fadak as the unshared property of the
Holy Prophet when he declared:
The property of Banu an Nadir was among that which Allah has
bestowed on His Messenger; against them neither horses nor
camles were pricked but they belonged to the Messenger of
Allah especially.
Sunni references:
- Sahih Bukhari, vol 4 p 46, vol 7 82; vol 9 p 121-22
- Sahih Muslim, vol 5 p 151
- Sunan Abi Daood. vol 3 p 139-41
- Sunan Nasai, vol 7 p 132
- Musnad of Ahmad Hanbal, vol p 25, 48, 60, 208
- Sunan al Kubra (al Bayhaqi), vol 6 p 296-99
Did the Prophet (pbuh&hf) present the land to Fatima (as) ?
-----------------------------------------------------------------
The Prophet in his life time with the instructions from Allah the almighty
presented this Land to Hadhrat Fatimah (AS), as is found in the Commentary
of the respected Sunni Scholar, Jalaluddin al-Suyuti. Here is the
historical background for the Land of Fadak, and after that is the text for
the Tafseer for the Verse 26 Chapter XVII.
Imam Ali (AS) was sent to Fadak, a Jewish town not far from Khaibar to
take it. But, before the use of any force, the inhabitants tendered their
submission, ceding half of their property to the prophet. When the Angel
Gabriel revealed to the Prophet the Divine Command as in the Verse 26 of
Chapter XVII (17)
"And give unto one who is of Kin (to thee) that which is due" [17:26]
and the Prophet asked as to who was meant as "being of Kin". the Angel
named Janabe Fatimah (AS) and told the Prophet to give Fadak to her (AS) as
the Income from Fadak belonged wholly to him on account of its being ceded
to him without the use of force. the Prophet (PBUH) accordingly bestowed
upon Janabe Fatimah (AS) his estate of Fadak for the substinence of herself
and her children.
With reference to the above Quranic Verse, many Sunni commentators have
written that:
when the Verse was revealed, the Holy Prophet (PBUH) asked the Angel
Gabriel: "Who are the Kinsmen and what is their due?" The Angel
Gibrael replied "Give Fadak to Fatimah for it is her due, and whatever
is due to Allah and the Prophet (PBUH) out of Fadak, that also belongs
to her, so entrust to her also."
[ The above is narrated through al Bazzar, Abu Yala, Ibn Abi Hatim, Ibn
Marduwayh and others from Abu Said al Khudri and through Ibn Marduwayh
from Abdullah ibn al Abbas for the above verse ]
Sunni references:
- Tafsir Durr al-Mansur, v4, p177
- Kanz al-Ummal, v2, p158
- Sawaiq al Muhriqah Chapter 15 p 21-22
- Rozatul Safaa vol 2 p 135
- Sharah e Muwaqif p 735
- Tareekh Ahmadi p45
- Ruh al ma'ani, vol 15 p 62
It leaves no room for us to believe that the Land of Fadak was not the
personal belonging of Hadhrat Fatimah (AS)!
Historians also write that
Certainly, Abu Bakr snatched Fadak from Fatimah (as)
Sunni references:
- Sharah, vol 16 p 219
- Wafa al Wafa (as Samhudi), vol 3 p1000
- Sawaiq al Muhriqah, p 32
Khalid> Therefore Fatimah demanded this property and she presented Ali and
Khalid> Ume-Yamin as a witness in the court of Abu Bakr. But he refused to
Khalid> accept this witnesses and did not allocate the property to her.
Khalid> But this story is no where in the authentic Hadith, However Bala-
Khalid> dhuri and Ibn-Saad has
Concerning the claim that You have made, that the above story is no where
to be found in the hadith books, I would like you to refer to these books,
that are termed as authentic and reliable by the Sunni scholars that
contains the very event that you have had mentioned.
- Commentary of the Quran by Fakhr al-Din al-Razi
, v8, p125 (Under the Tafseer of Surah Hashr)
- Sawaiq al-Muhriqah by Ibn Hajar Haythmi, p21
Fatimah (as) raised a voice when Fadak was stolen from her, protesting to
Abu Bakr, she said:
You have taken over possesion of Fadak although the Prophet
had gifted it to me during his life time.
On this Abu Bakr asked her to produce witnesses of the gift. Consequently,
Imam Ali (as) and Umm Ayman gave evidence on her favor. (Umm Ayman was the
freed bond maid and the dry nurse for the Holy Prophet (PBUH&HF), She was
the mother of Usamah ibn Zayd ibn al Harith. The Holy Prophet usted to say
Umm Ayman is my mother after my mother. The Holy Prophet (PBUH&HF)
also bore witness that she is among the people of paradise.
Sunni references:
- al Mustadrak, vol 4 p 63
- History of Tabari, vol 3 p 3460
- al Istiab, vol 4 p 1793
- Usud al Ghabah, vol 5 p 567
- Tabaqat, vol 8 p 192
- al Isabah, vol 4 p 432
But this evidence was held in-admissible by Abu Bakr and Fatimah's (as)
claim was rejected as being based on false statement. About this Baladhuri
writes:
Fatimah (as) said to Abu Bakr: The Messenger of Allah had
apportioned Fadak to me. Therefore give it to me. Then he
asked for another witness than Umm Ayman, saying: O
daughter of the Prophet, you know that evidence is not
admissible except by two men or one man and two women.
Besides, them, Imam Hasan (as) and Imam Hussain (as) gave evidence in
support of Fatimah (as), but their evidence was also rejected; on the
ground that the evidence of the offspring and minors was not acceptable
in favour of their parents. Then Rabah the slave of the Holy Prophet
(PBUH&HF) was also produced as a witness in support of the claim of
Fatimah but he was rejected too.
Sunni references:
- Futuhul Buldan, vol 1 p 35
- at Tarikh, Yaqubi, vol 3 p 195
- Muruj ad Dhahab, al Masudi, vol 3 p 237
- al Awail, Abu Hilal al Askari, p 209
- Wafa al Wafa, vol 3 p 99-1001
- Mujam al Buldan, Yaqut al Hamawai, vol 4 p 239
- Sharah, Ibn al Hadid, vol 16, p 216, 219-220, 274
- al Muhalla, Ibn HAzm, vol 6 p 507
- as Sirah al halabiyah, vol 3 p 261
- at Tafsir, al Fakr ad Din al Razi, vol 29 p 284
Khalid> copied it. But there is a lot of contradiction in their statements.
Khalid> Ibn-Saad narrates that Fatimah had not heard this directly from
Khalid> RasulAllah , but from Ume-Yamin and that is why she presented her
Khalid> as a witness. On the other hand Baladhuri says that Fatimah claimed
Khalid> that her father had given her Fadak oasis. Whatever ! Now let us
Khalid> look at the legal aspect of this issue. Legally, it could be either
Khalid> RasulAllahOs deed of gift (Hiba) or his will. If it was a gift, it
Khalid> should have been given to Fatimah in his lifetime. But this was not
Khalid> the case as we all know. If we call it a will, then this violates
Khalid> the Quranic Inheritance Law,
Talking about the very hadith that Abu Bakr had sited to support his
decision that has been mentioned in many books, that goes as follows
It is narrated on the authority of Urwa Ibn Zubair who narrated from
Aisha that she informed him that Fatima, the daughter of the Messenger
of Allah (PBUH) sent some one to Abu Bakr to demand from him her share
of the legacy left by left by the Messenger of Allah (PBUH) from what
Allah had bestowed upon him at Medina and Fadak and what was left from
1/5 th of the income from Khaibar. Abu Bakr said that: the Messenger
of Allah (PBUH) said:
We (prophets) do not have any heirs; what we leave behind is to be
given in charity.
The household of the Messenger of Allah will live on the income of
these Properties, but, by Allah I will not change the charity of the
Messenger of Allah from the condition in which it was in his own time.
I will do the same with it as the Messenger of Allah (PBUH) himself
used to do.
So Abu Bakr refused to hand over any thing from it to Fatimah who got
angry with Abu Bakr for this reason. She forsook him and did not talk
to him untill the end of her life. She lived for six months after the
death of the Messenger of Allah (PBUH). When she died her husband Ali
Ibn Abu Talib buried her at night. he did not inform Abu Baker about
her death and offered the funeral prayer over her himself ......
- Sahih Muslim, English version, v3, Chapter DCCXIX, p956, Tradition #4352
Now let us analyze the statement that Abu Bakr stated:
We (prophets) do not have any heirs; what we leave behind is to
be given in charity.
and the word heir means: "One who inherits * or * is legally entitled to
inherit the property" (the American Dictionary - 2nd College Edition p324).
Now, the very first statement goes against the facts since, historically it
is admitted the holy Prophet (PBUH) received inheritance from his father as
as follows
Abdullah Ibn Abdul Muttalib left to Umme Aiman a legacy of five (5)
dust coloured camels and a small flock of sheep, which was inherited
by the Prophet of Allah.
Sunni references:
- Tabaqat Ibn Sad - Part I p39
- Siratun Nabi by Moulana Shibli Noumani, v1, p122
- Fath al Bari vol 3 p 360-361 (Mentions a house from Hashim, a sword,
some goats and five (5) camels).
- Seerah al Halabiyah vol 1 p 56
- Ansab al Ashraf v 1 p 96
When the first part of the tradition is proved wrong, then how can the
second part that is "What we leave behind is to be given in charity", be
true as well! This very statement also clearly violates the Verses that
are stated in the Holy Quran, that are as follows:
"And Solomon (Sulaymaan) inherited from David." (Quran 27:16)
While both Sulaymaan and David were prophets and very wealthy. they were
kings at their era. Allah , Exalted, also says:
"(Zakariya prayed to Allah by saying) ... Grant me a son from
yourself, who inherits from me and inherit from the children of Jacob,
and make him, O' my Lord, the one with whom you are well- pleased."
(Quran: 19:5-6).
These are examples that Prophets left inheritances, and as might you have
seen that they seem to contradict the hadith that was narrated by Abu Bakr.
The traditon mentioned by Abu Bakr is fabricated otherwise it would not
contradict Quran. It would also be very helpful to cite an incident, where
Imam Ali (AS) had quoted the verses of the Quran, the same as the ones
cited above. The incident runs as follows:
It is reported by Jafar that Fatimah came to Abu Bakr to demand her
inheritance. Ibn Abbas also came to demand his inheritance, Ali ibn
Talib also came with him. Abu Bakr said that the Prophet of Allah
(PBUH) had said: "We do not make any heir to inherit our property,
what we leave is charity, and the support that he gave them is now my
responsibility."
Ali said: "Prophet Sulayman was the heir of Prophet Da'ud. Prophet
Zakariya prayed to Allah: `Bestow upon me a son, who is heir to me and
the family of Yaqoub.'"
Abu Bakr said: "The matter of the Prophet's legacy is as it is. By
Allah ! You know it as I do."
Ali said: "And see what the Book of Allah is saying."
- Sunni reference: Tabaqat Ibn Sad, v4, p121-122
This report proves that the descendants of Muhammad did not regard the
tradition, put forward by Abu Bakr in response to Fatima's claim for the
inheritance, as true rather they refuted it through the verses of the Quran
which they say that Allah has made the prophets heirs to one another.
Khalid> Apart from Will or Gift, as discussed above, if we just examine the
Khalid> witnesses presented in the court of Abu-Bakr when Fatimah demanded
Khalid> this property, we will find that this again violates the Islamic
Khalid> witness Laws. Fatimah presented (if my brother Ali believes that it
Khalid> was true) one male/and or one woman in her claim. As per the
Khalid> Quranic Laws, more witnesses were required. One man or Two women. I
Khalid> am sure brother Ali will not change the entire divine law just
Khalid> because of the personalities involved.
There are also many instances when Abu Bakr never asked for any witness
when people made claim to the promise of the Prophet (PBUH). I would as
usual rely on the authentic sources of hadith for my Sunni brethren and
sisters:
Sahih al-Bukahri Hadith 3.848 (page 525)
Narrated Muhamamd Ibn Ali:
Jabir Ibn Abdullah said: `When the Prophet (PBUH) died, Abu Bakr
received some property from al-Ala al-Hadrami. Abu Bakr said to the
people, ' whoever has a money claim on the Prophet (PBUH) or was
promised something by him , should come to us, (so that we may pay him
right). ' Jabir added: `I said (to Abu Bakr), Allah's Apsotle (PBUH)
promised me that he would give me this much, and this much, and this
much (spreading his hands three times). Jabir added, ' Abu Bakr
counted for me and handed me five hundred (500) gold pieces, and then
five hundred, and then five hundred.
Sunni references:
- Sahih, Muslim, vol 7 p 75-76
- Sahih, al Tirmizi, vol 5 p 129
- Musnad, Ahmad Hanbal, vol 3 p 307-308
- Tabaqat, Ibn Sa'ad, vol 2 part 2 p 88-89
In the annotations of this tradition, Ibn Hajar Asqalani and Ahmad al
Ayni al Hanafi have written:
This tradition leads to the conclusion that the evidence of
one just companion can also be admitted as full evidence
though it may be in his own favor, because Abu Bakr did not
ask Jabir to produce any witnes in proff of his claim.
Sunni references:
- Fath al Bari, vol 5 p 380 (Ibn Hajar Asqalani)
- Umdatul Qari, vol 12 p 121 (al Hanafi)
It it was lawful to allow property to Jabir on the basis of good
impression;
without calling for witness or evidence, then what stopped allowing
Fatimha's claim on the basis of similar good impression? If good impression
could exist in the case of Jabir to such an effect that he would not
benefit
by speaking a lie, then why should there not be the good belief about
Fatimah (as) that she would not attribute a false saying to the Prophet
(PBUH&HF) just for a piece of land.
Firstly, her admitted truthfulness and honesty was enough for holding her
truthful in her claim and evidence of Imam Ali (as) and Umm Ayman in her
favor was also available besides her other evidences. It has been said
that the claim could not be decided in favor of Fatimah (as) on the basis
of two witnesses because the Holy Quran lays down the principle of evidence
that: [ 2 : 282 ]
... then call witness two witnesses from among your men and
if there not be two men, then (take) a man and two women...
If this principal is universal and general then it shoudl be taken into
regard on every occasion, but one some occasion it is found not to have
been followed; for example when an Arab had a dispute with the Prophet
(PBUH&HF) about a camel, Khuzaymah ibn Thabit al Ansari gave evidence in
favour of the Prophet (PBUH&HF), and this one evidence was deemed to be
equal to two, because there was no doubt in the honesty and the
truthfulness
of the individual in whose favor the evidence was led. It was for this
reason that the Holy Prophet (PBUH&HF) granted him the title of Dhush
Shahadatayn (one whose evidence is equivalent to the evidence of two
witnesses)
Sunni references:
- al Bukhari, vol 4 p 24, vol 6 p 146
- Sunan of Abu Dawood, vol 3 p 308
- Suna of an Nasai, vol 7 p 302
- Musnad of Ahmad Hanbal, vol 5 p 188-89. 216, vol 2 p 448
- Usudul Ghaba, vol 2 p 114
- al Isabah, vol 2 p 425-26
Consequently, neither was the generality of the verse about the evidence
affected by this action nor was it deemed to be against the cannons of
evidence. So, if here in view of the Prophet's (PBUH&HF) truthfulness,
one evidence in his favor was deemed to be equal to two, then could not
the evidence of Ali and Umm Ayman be regarded enough for Fatima in view
of moral greatness and truthfulness?
Also there is a tradition mentioned by more than twelve companions that
The Messenger of Allah (PBUH&HF) used to decide cases on the
strength of one witness and the taking oath.
It has been explained by some companions of the Prophet (PBUH&HF) and some
scholars of jurisprudence that this decision is specially related to
rights,
property and transactions; and this decision was practiced by the three
Caliphs
- Abu Bakr
- Umar
- and Uthman
Sunni references:
- Sahih, Muslim, vol 5 p 128
- Sunan, Abu Dawood, vol 3 p 308-309
- Sahih, Tirmidhi, vol 3 627-29
- Sunan, Ibn Majah, vol 2 p 793
- Musnad, Ahmad Hanbal, vol 1 p 248, 315, 323, vol 3 p 305
- al Muwatta, Malik, vol 2 p 721-25
- Sunan, al Bayhaqi, vol 10 p 167-176
- Suna, ad Darqutani, vol 4 p 212-215
- Majma az Zawaid, vol 4 p 202
- Kanz al Ummal, vol 7 p 13
Now brother Khalid, a few points
- Why did Abu Bakr not call upon witnesses at the time of his giving away
the gold pieces that was in accordance with the promise of the Holy
Prophet (PBUH). Why did he take their statement for granted that the
Prophet (PBUH) had made a promise?
- On the contrary when Fatimah, the daughter of the Prophet whom he called
the Chief of the women of the Worlds, made a claim for Fadak, then
witnesses were called upon to appear before the caliph and one some
pretext or other their evidence was rejected!
Khalid> Most important, I would like to ask brother Ali, that after all Ali
Khalid> (RAA), himself became Caliph after Usman. Why he did not grant this
Khalid> property to Fatimah as the inheritance of RasulAllah? Question is
Khalid> how come Ali (RAA), in his caliph ship, deprived of its rightful
Khalid> owners. If it is ok to call Abu-Bakr or Omar as oppressors, then
Khalid> all those who did not grant this property to Fatima, should also be
Khalid> declared Oppressors. Makes sense or not. Measuring rod should be
Khalid> the same for everyone!
According to the following traditions from Sahih al-Bukhari, Umar, during
his reign, gave the property to Imam Ali (AS) and Abbas. So there was
nothing for Imam Ali to retake when he became Caliph. However, the
tradition implies that Umar gave Fadak to Imam Ali to manage it, and spend
its revenues for the sake of Allah. The tradition also confirms that Imam
Ali overpowered Abbas and took over the land (after he became Caliph), and
the Imam Hasanin herited the land, till it was usurped again (by Umayad).
Here is the tradition:
Sahih Bukhari Hadith: 5.367
'Umar said to 'Ali and 'Abbas: "... I kept this property in my
possession for the first two years of my rule (i.e. Caliphate and I
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
used to dispose of it in the same wa as Allah's Apostle and Abu Bakr
used to do; and Allah knows that I have been sincere, pious, rightly
guided an the follower of the right (in this matte Later on both of
you (i.e. 'Ali and Abbas) came to me, and the claim of you both was
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^
one and the same, O 'Abbas! You also came to me. So I told you both
^^^^^^^^^^^^^^^^
that Allah's Apostle said, "Our property is not inherited, but
whatever we leave is to be given in charity.' Then when I thought
^^^^^^^^^^^^^^^^^^^
that I should better hand over this property to you both or the
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
condition that you will promise and pledge before Allah that you will
dispose it off in the same way as Allah's Apostle and Abu Bakr did and
as I have done since the beginning of my caliphate or else you should
not speak to me (about it).' So, both of you said to me, 'Hand it over
to us on this condition.' And on this condition I handed it over to
^^^^^^^^^^^^^^^^^^^
you. Do you want me now to give a decision other than that (decision)?
By Allah, with Whose Permission both the sky and the earth stand fast,
I will never give any decision other than that (decision) till the
Last Hour is established. But if you are unable to manage it (i.e.
that property), then return it to me, and I will manage on your
behalf." The sub-narrator said, ... this property was in the hands of
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Ali who took it from 'Abbas and overpowered him. Then it came in the
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
hands of Hasan Ibn 'Ali, then in the hands of Husain Ibn 'Ali, and
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
then in the hands of Ali Ibn Husain and Hasan Ibn Hasan, and each of
the last two used to manage it in turn, then it came in the hands of
Zaid Ibn Hasan, and it was truly the Sadaqa of Allah's Apostle."
I am not sure (according to Shia) if Muawiyah usurped the Fadak at the time
of Imam Hasan and Imam Husain or not. Nevertheless it was usurped shortly
after. See also tradition 4.326. As we see in the above tradition, if
Imam Ali believed that this is charity, he wouldn't ask for his share from
Umar, nor would he drive Abbas out of the land.
The following traditions clearly mention that Imam Ali claimed the land. Do
you think Imam Ali who lived with Prophet, who was the first man who
embraced Islam, and was the most knowledgeable companion, did not know what
the rule of Allah is?
Sahih Bukhari Hadith: 8.720
Narrated Malik Ibn Aus:
'Umar said to 'Ali and 'Abbas: "... Then I took charge of this
property for two years during which I managed it as Allah's Apostle
and Abu Bakr did. Then you both ('Ali and 'Abbas) came to talk to me,
bearing the same claim and presenting the same case. (O 'Abbas!) You
came to me asking for your share from the property of your nephew, and
this man (Ali) came to me, asking for the share of his wife from the
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
property of her father. I said, 'If you both wish, I will give that to
you on that condition (i.e. that you would follow the way of the
Prophet and Abu Bakr and as I (Umar) have done in managing it).' ...
If you are unable to manage it, then return it to me, and I will be
sufficient to manage it on your behalf.' "
Sahih Bukhari Hadith: 9.408
Narrated Malik Ibn Aus An-Nasri:
... Then he (Umar) turned to 'Ali and 'Abbas and said,
"You both claim that Abu Bakr did so-and-so in managing the property,
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
but Allah knows that Abu Bakr was honest, righteous, intelligent, and
a follower of what is right in managing it. Then Allah took Abu Bakr
unto Him, 'I said: I am the successor of Allah's Apostle and Abu
Bakr.' So I took over the property for two years and managed it in the
same way as Allah's Apostle, and Abu Bakr used to do. Then you both
('Ali and 'Abbas) came to me and asked for the same thing! (O 'Abbas!)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
You came to me to ask me for your share from nephew's property; and
this ('Ali) came to me asking for his wives share from her father's
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
property, and I said to you both, 'If you wish, I will place it in
your custody on condition that you both will manage it in the same way
^^^^^^^^^^^^
as Allah's Apostle and Abu Bakr did and as I have been doing since I
took charge of managing it;
Khalid> My brother Ali, when quoting RasulAllahs Hadith concerning Fatimah
Khalid> whosoever hurts her, hurts me, is perhaps not aware of the
Khalid> background of this hadith. Here is when and how it became necessary
Khalid> for RasulAllah to say this. It is narrated by Imam Zain- Ul-
Khalid> Abaideen Ali Ibn Hussain and Abu-Mulaika
Khalid> through Miswar Ibn Muhazma and further endorsed by Abdullah Ibn
^^^^^^^^^^^^^^^^^^^^^^^^^^
Khalid> Zubair. Bokhari, Muslim, Abu-Daood, Ibn-e-Maja, Trinddi and Hakim
Khalid> have all narrated this in their various book. Anyhow the story is:
Khalid> After the conquer of Mecca, when the family of Abu- Jahl embraced
Khalid> Islam, Ali wanted to to marry Abu-Jahl's daughter named Jamila
Khalid> (some say Auora and some say her name was Jewaira). ...
Khalid> Fatimah came to know the intentions of Ali and went to RasulAllah
Khalid> and said. Upon this RasulAllah delivered this sermon: OBani
Khalid> Hasham Ibn Mughaira wants to marry his daughter to Ali and has
Khalid> asked my permission. I don't approve it. I don't approve it. I
Khalid> don't approve it. Abu Talib's son can divorce my daughter and marry
Khalid> his daughter. My daughter is my piece. Whatever is unpleasant to
Khalid> her is unpleasant to me and whoever will give her pain will give me
Khalid> pain ... But please note that it was perfectly halal for Ali to do
Khalid> so and that is why he thought of it. After all RasulAllah himself
Khalid> had many marriages and that is why RasulAllah never said that it is
Khalid> Haram. He only disliked the idea for reasons of Abu-Jahls old
Khalid> enmity of Islam. This family embraced Islam after the Conquer of
Khalid> Mecca and it was too early to tell if they had a change of heart or
Khalid> it was only to get into RasulAllah's house.
The above story that you have cited is considered weak, because of its
narrator, Miswar Ibn Muhazma, and as usual I shall cite Sunni references to
prove my point. This person that you have mentioned, i.e., Miswar Ibn
Muhazma, was related to Abdul Rahman Ibn Auf, and he was born 2 (two) years
after the Hijrah and he came to Medina in the end of the Eight (8th) Year
of the Hijrah. The Sunni hadith Scholar, Ibn Hajar al-Asqalani states as
follows
Born in Mecca two (2) years after the Hijrah, and he came to Medina
with his father in the end of the month of Zhilhajjah for the year 8th
(eight) hijri.
Sunni reference: Tahdhib al-Tahdhib, v10, p151
Now a few points, this would make Miswar only 6 (six) years old and
according to the standard set by the hadith scientists, any hadith that is
narrated by a child (minor) is not to be accepted. I am not saying this
on the basis of my knowledge, infact I am borrowing words from the mouth of
great Sunni Scholar and Historian from India ' Maulana Shibli Numani '. In
his volumnious work on the Seerah of the Prophet, where he scrutinizes the
nature of the reports (hadiths) and the status of the narrator, he
writes:
For instance a commonly debated question is this: Is it necessary to
impose the age limit for narrators?
Furthermore he also states the belief held by Imam Shafi'i that
'He is inclined not to accept a narration referring to the experience
of a minor.'
Sunni reference: Siratun Nabi (The Life of the Prophet) by Shibli Numani
English Edition , p55
Furthermore it also reminds me of the saying from the lady (Jewaira) at the
time of the conquest of Mecca, when Bilal gave the call of the
Prayer from the House of Allah (The Kaabah)
God has saved my father from hearing the unpleasent voice of Bilal in
the Kaabah !
How do you expect me to believe that Imam Ali (AS) would offer his hand to
an un-believer?
In the end, would be very unfair not to look at the arguments presented by
the Sunnis in favor of their First Caliph, Abu Bakr. In the footnote of
Sahih Muslim, the commentator writes:
It was a sort of a misgiving on the part of the Hadrat Fatimah that
Hadrat Abu Bakr was reluctant to give the due share of her part of her
great father. Noble Abu Bakr could not conceive of that. He had
intense love and affection for the family of the Holy Prophet (PBUH)
but he was not yielding to her demand since he found it against the
verdict of the Holy Prophet (PBUH) in regards to the legacy of the
Prophets as we find in a hadith!
- Footnote of Sahih Muslim, v3, p958 (English), footnote number 2235
How can it be a misgiving on the part of the Chief of the Women in Paradise
when Her highness was bestowed by the Prophet (PBUH&HF) himself the title
of al-Siddiqah? How can the commentator accuse her of a misgiving when She
was also known as The Splendid One, The Chaste and The Pure One? How can
any Muslim accuse Her of a misgiving with the facts in mind that the Quran
talks about her in the following Verses
* The Verse of Purity (Chapter 33 Verse 33)
* The Verse of Imprecation (Mubihala Chapter 3 Verse 61)
How can we take it for fact that what Abu Bakr stated was a hadith of the
Holy Prophet (PBUH&HF) when the statement is in direct contradiction with
not only Historical facts, Interpreatations of the Sunni Commentators, but
also with the Quranic injunctions?
Wassalam.
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