Discussion 3: The Claim for Wealth

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Discussion 3: The Claim for Wealth

Previously, this subject was touched upon, we now wish to clarify this further. Under this heading, many aspects are included viz. the wealth of fay’, the entitlement to a fifth of the booty (which is referred to as the share of the relatives), the wealth of Banu Nadir, etc. In all of this wealth, the share of the family members and relatives of Rasulullah salla Llahu ‘alayhi wa sallam had being given to them accordingly in the era of the three khulafaʼ. We will adequately discuss this matter in the ensuing lines. If one wishes to read a detailed discussion he may refer to my book Ruhama’ Baynahum; sec. 1 (Siddiqi) under the heading the protection of wealth entitlement from page 87 to 155.

 

The Type of Entitlement to Wealth

In the era of Sayyidina Abu Bakr radiya Llahu ‘anhu, when Sayyidah Fatimah radiya Llahu ‘anha presented her claim of entitlement to the wealth of Madinah, the wealth of Fadak, the fifth of Khaybar, etc. as inheritance, Sayyidina Abu Bakr radiya Llahu ‘anhu replied that Rasulullah salla Llahu ‘alayhi wa sallam had said that the wealth of the ambiyaʼ are not distributed in inheritance but rather it is charity and waqf (endowment) in the path of Allah Ta’ala. He then explained that they would continue to receive the share they received in the lifetime of Rasulullah salla Llahu ‘alayhi wa sallam, which will not be altered or adulterated in any way. He then assured them that he is obliged to deal the same way dealt by Rasulullah salla Llahu ‘alayhi wa sallam. Sayyidina Abu Bakr radiya Llahu ‘anhu announced: “By Allah is whose hand is my life! The family of Rasulullah salla Llahu ‘alayhi wa sallam is dearer to me than my own family and I will consider Rasulullah’s salla Llahu ‘alayhi wa sallam family more than I consider my own.”^[1] In short, the entitlement to a share of the wealth is accepted and will be fulfilled. However, inheritance will not apply here.

 

Corroboration from the Shi’ah

We wish to corroborate this matter from the Shia. Senior Shia scholars have narrated this hadith from Imam Jafar al Sadiq rahimahu Llah in many books with many chains of narration. He says: “The wealth of the ambiyaʼ of Allah Ta’ala is not inherited. They do not leave gold and silver coins behind as inheritance. Their knowledge is inherited.”^[2]

Here, this fact is established on the tongue of Imam Jafar al Sadiq radiya Llahu ‘anhu that the wealth of the ambiyaʼ is not inherited. This is exactly what Sayyidina Abu Bakr radiya Llahu ‘anhu stated in response. Thus, according to the Shia, the answer of Sayyidina Abu Bakr radiya Llahu ‘anhu is correct and his stance is accurate.

 

Authority over the Entitlement of Khums

Regarding this, the statement of Sayyidina ‘Ali radiya Llahu ‘anhu is sufficient. Sayyidina ‘Ali radiya Llahu ‘anhu explains: “As a representative of Sayyidina ‘Abbas, Sayyidah Fatimah and Sayyidina Zaid ibn Harithah, I requested Rasulullah salla Llahu ‘alayhi wa sallam, ‘If Rasulullah salla Llahu ‘alayhi wa sallam gives me the authority to distribute the fifth to the relatives of Rasulullah salla Llahu ‘alayhi wa sallam in his lifetime, it will be better so that no one can argue with us after Rasulullah salla Llahu ‘alayhi wa sallam.’ Thus, Rasulullah salla Llahu ‘alayhi wa sallam made me the trustee. I would distribute the fifth among the Banu Hashim in the lifetime of Rasulullah salla Llahu ‘alayhi wa sallam. Thereafter, Sayyidina Abu Bakr radiya Llahu ‘anhu made me the trustee to distribute the fifth, thus I would distribute it among the Banu Hashim in his lifetime as well. Then, Sayyidina ‘Umar radiya Llahu ‘anhu made me the trustee over the distribution of the fifth. I thus distributed it to the Banu Hashim in his lifetime as well until the last year of his khilafah.”

Refer to the following books:

1. Kitab al Kharaj pg. 20 – The chapter regarding distribution of booty
2. Abu Dawood vol. 2 pg. 61 – The discussion of the recipients of khums
3. Musnad Ahmed vol. 1 pg. 84, 85 – The musnadat of ‘Ali radiya Llahu ‘anhu

 

The Banu Hashim received their share from the fifth in the era of the three khulafaʼ just as they would receive it in the lifetime of Rasulullah salla Llahu ‘alayhi wa sallam. Sayyidina ‘Ali radiya Llahu ‘anhu would distribute their shares to them and this remained the case in his khilafah as well.

 

Authority over the Wealth of Madinah, Banu Nadir, etc.

The share of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam from the wealth of fay’ which was acquired from the outskirts of Madinah i.e. Banu Nadir, etc. would be distributed to them accordingly, and Sayyidina ‘Ali and his children radiya Llahu ‘anhum were made trustees thereof so that they may take possession of the wealth and distribute it to its rightful recipients. Refer to the following references:

1. Bukhari vol. 2 pg. 576 – The chapter under the hadith of Banu Nadir
2. Al Sunan al Kubra vol. 6 pg. 299 – The chapter regarding the recipients of four fifth of fay’

 

From the above it is evidently clear that all the relatives of Rasulullah salla Llahu ‘alayhi wa sallam including Sayyidah Fatimah would receive their shares from the wealth of Fadak, and the fifth, etc. without any deficiency.

 

Corroboration from the Shi’ah

The senior Shia scholars and jurists have recorded the discussion of this wealth in the same manner. They write that Sayyidina Abu Bakr radiya Llahu ‘anhu would take the wealth of Fadak and distribute it among the relatives of Rasulullah salla Llahu ‘alayhi wa sallam according to their needs and he would distribute the rest to the needy and deserving Muslims. Sayyidina ‘Umar and Sayyidina ‘Uthman radiya Llahu ‘anhuma would do the same as well as Sayyidina ‘Ali radiya Llahu ‘anhu. The following references may be referred to.

1. Sharh Nahj al Balaghah vol. 5 pg. 107 – Maqsad 8 of 18; The letter of Sayyidina ‘Ali al Murtada radiya Llahu ‘anhu to ‘Uthman ibn Hanif, the governor of Basrah.
2. Sharh Nahj al Balaghah vol. 4 pg. 111 – The discussion regarding the narrations and battles concerning Fadak; section 1.
3. Al Durrah al Najafiyyah pg. 232 – The letter of Sayyidina ‘Ali al Murtada radiya Llahu ‘anhu to ‘Uthman ibn Hanif, the governor of Basrah.

 

Fayd al Islam ‘Ali al Naqi has mentioned this discussion in the following words:

خلاصہ ابو بکر غلہ و سودآں فدک گرفتہ بقدر کفایت باہل بیت علیہم السلام مے داد و خلفاء بعد از او ہم برآں اسلوب رفتار نمودند

The gist of this is that Abu Bakr would distribute the wealth of Fadak i.e. grain, etc. to the Ahlul Bayt according to their needs. The khulafaʼ after him followed suit.^[3]

 

The above Sunni and Shia references make it clearly evident that Sayyidah Fatimah radiya Llahu ‘anha and the other relatives of Rasulullah salla Llahu ‘alayhi wa sallam would receive their respective share (including the income of Fadak) without any deficiency whatsoever. Moreover, the distribution of the wealth had been entrusted to Sayyidina ‘Ali radiya Llahu ‘anhu and his children by the three khulafaʼ. A proper organised system was implemented.

 

Fulfilling Promises in the Time of al Siddiq

The first khalifah, Sayyidina Abu Bakr radiya Llahu ‘anhu, enjoyed a healthy relation with the family members and relatives of Rasulullah salla Llahu ‘alayhi wa sallam, maintained excellent social ties with them and gave their rights priority. We will narrate few incidents of that era which clearly depict his outstanding social ties with individuals and the populace and his excellent conduct and character.

1. The Muhaddithin state that after Rasulullah salla Llahu ‘alayhi wa sallam left this world, Sayyidina Abu Bakr radiya Llahu ‘anhu announced: “Whoever Rasulullah salla Llahu ‘alayhi wa sallam owes or whoever Rasulullah salla Llahu ‘alayhi wa sallam promised anything, should come to me. I will settle his debt and fulfil the promise of Rasulullah salla Llahu ‘alayhi wa sallam.” Accordingly, Sayyidina Jabir ibn ‘Abdullah radiya Llahu ‘anhuma came to Sayyidina Abu Bakr radiya Llahu ‘anhu (after wealth came from the collector of Bahrain) and informed him of the promise of Rasulullah salla Llahu ‘alayhi wa sallam. Sayyidina Abu Bakr radiya Llahu ‘anhu gave him the promised wealth, thus fulfilling the promise of Rasulullah salla Llahu ‘alayhi wa sallam.^[4]
2. Sayyidina Abu Juhayfah radiya Llahu ‘anhu says: “Rasulullah salla Llahu ‘alayhi wa sallam promised us thirteen young camels. We did not receive the camels yet and Rasulullah salla Llahu ‘alayhi wa sallam passed away. Abu Bakr then assumed the reigns of khilafah. He made an announcement that whosoever Rasulullah salla Llahu ‘alayhi wa sallam promised something and it has yet not been fulfilled should come to him. Therefore, I went and mentioned the promise to Abu Bakr who fulfilled it.”^[5]
3. Abu Bashir al Mazini radiya Llahu ‘anhu says: “Once Rasulullah salla Llahu ‘alayhi wa sallam promised to give me some money as soon as he received any. When Abu Bakr announced after becoming khalifah that whoever wishes to collect something from Rasulullah salla Llahu ‘alayhi wa sallam (according to a promise made by him) should come to him, I went to Abu Bakr and informed him about the promise of Rasulullah salla Llahu ‘alayhi wa sallam. At that time, wealth from Bahrain had arrived. He gave me a few handfuls of silver coins which were equivalent to 1400 silver coins.”^[6]
4. Senior ‘ulama’ write that Rasulullah salla Llahu ‘alayhi wa sallam had made a pact with the Christians of Najran that they will give the Muslims 1000 suites of clothing every Rajab and they will demolish interest; and their lives, wealth and honour will be protected and their churches will be safeguarded, etc. After the demise of Rasulullah salla Llahu ‘alayhi wa sallam, the Christians of Najran came to Sayyidina Abu Bakr radiya Llahu ‘anhu and made mention of the pact and requested its approval. Sayyidina Abu Bakr radiya Llahu ‘anhu approved it and wrote a contract for them which concurred with the contract of Rasulullah salla Llahu ‘alayhi wa sallam.^[7]

 

These few stories establish the fact that the undisputed khalifah, Sayyidina Abu Bakr radiya Llahu ‘anhu, would fulfil the promises of Rasulullah salla Llahu ‘alayhi wa sallam and honour the pacts made by him. This was his responsibility which he fulfilled to the letter. Owing to this, we believe with certainty and declare with full conviction that the person who fulfils the promises made by Rasulullah salla Llahu ‘alayhi wa sallam to individuals and laymen, who honours the pacts made with the People of the Book and who does not withhold the right of any Jew or Christian, he will never ever withhold the rights of the relatives and family members of Rasulullah salla Llahu ‘alayhi wa sallam, he will never discontinue the running practice of Rasulullah salla Llahu ‘alayhi wa sallam and will never severe the social ties of Rasulullah salla Llahu ‘alayhi wa sallam. How can it ever be possible that he respects the rights of others and tramples upon the rights of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam ? This is impossible. The incidents of his khilafah belie this supposed oppression, as you have seen. Therefore, it is proven without a doubt that the relatives of Rasulullah salla Llahu ‘alayhi wa sallam — including Sayyidah Fatimah radiya Llahu ‘anha — would receive their allocated shares.

 

A Synopsis of this Discussion

1. Fadak was part of the wealth of fay’ and was not the inheritance of Rasulullah salla Llahu ‘alayhi wa sallam. Its income was distributed among the Ahlul Bayt and relatives of Rasulullah salla Llahu ‘alayhi wa sallam and the rightful recipients were given their share. However, the income of Fadak was not distributed as inheritance.
2. The stance and verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu to the claim of Sayyidah Fatimah radiya Llahu ‘anha was correct, i.e. the wealth of the ambiyaʼ is not inherited as was proven from Sunni and Shia books. Thus, Sayyidah Fatimah radiya Llahu ‘anha remained silent about this matter and did not claim thereafter. The following proofs are sufficient for the veracity of the verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu. Have a careful look at them.

• All the Sahabah radiya Llahu ‘anhum accepted this verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu. That is why not even a single Sahabi raised his voice to disagree with this verdict in that era.
• The seniors of the Banu Hashim, more specifically Sayyidina ‘Ali, Sayyidina ‘Abbas radiya Llahu ‘anhuma, etc. accepted it and did not object. If they are any narrations mentioning claims and arguments then these are with regards to the distribution of the income, not against the verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu.
• The verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu was not altered in the time of Sayyidina ‘Ali radiya Llahu ‘anhu. This is a practical corroboration for the verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu.
• Similarly, in the six month khilafah period of Sayyidina Hasan ibn ‘Ali radiya Llahu ‘anhuma, no steps were taken to change or alter the verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu regarding Fadak.
• All the Mufassirin, Muhaddithin, fuqaha’ of the Ahlus Sunnah wa al Jama’ah and reliable historians unanimously agree that the verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu was correct. ‘Allamah Fakhr al Din al Razi rahimahu Llah writes:

و انعقد الاجماع على صحة ما ذهب اليه ابو بكر فسقط هذا السؤال الله اعلم

There is consensus upon the verdict of Abu Bakr radiya Llahu ‘anhu. Hence, this objection is baseless. And Allah knows best.^[8]

 

Another Angle of This Discussion

If the opposition’s objection is accepted that Sayyidina Abu Bakr radiya Llahu ‘anhu rejected the claim of Sayyidah Fatimah radiya Llahu ‘anha due to which she became angry and did not speak to him till her death, then consideration of the following points will — Allah willing — answer this objection.

 

Sayyidah Fatimah’s Silence upon Sayyidina Abu Bakr’s Answer

Previously, we have mentioned the correctness of the stance of Sayyidina Abu Bakr radiya Llahu ‘anhu in detail together with furnishing incidents as proof. Here Sayyidina Abu Bakr radiya Llahu ‘anhu furnished the statement of Rasulullah salla Llahu ‘alayhi wa sallam in answer to Sayyidah Fatimah’s radiya Llahu ‘anha claim. Now to get angry after learning about the prophetic statement is contrary to reported and rational evidences. The reality is that when the truth of the matter became apparent to Sayyidah Fatimah radiya Llahu ‘anha, she was satisfied, hence she remained silent. However, the narrators termed her silence as anger and incorrectly assumed that she was angry. Thus, this caused the confusion whereas the reality is the total opposite.

If for arguments sake we accept that Sayyidah Fatimah radiya Llahu ‘anha was grieved and angry due to human nature and natural tendency, then this type of anger of Sayyidah Fatimah radiya Llahu ‘anha was displayed to Sayyidina ‘Ali radiya Llahu ‘anhu on at least four occasions which I have recorded in my book Ruhama’ Baynahum (Siddiqi section) from page 139 to 145. And under discussion one, an incident of this nature was related wherein Sayyidah Fatimah radiya Llahu ‘anha was extremely angry with Sayyidina ‘Ali radiya Llahu ‘anhu. The answer to this anger offered by the opposition will be the answer here i.e. Sayyidah Fatimah radiya Llahu ‘anha was later pleased. Therefore, this matter has been resolved, that if she was sad and angry, it faded away thereafter and her heart harboured no ill feelings to Sayyidina Abu Bakr radiya Llahu ‘anhu.

 

Narrations Proving her Happiness

We will now briefly present narrations proving the happiness of Sayyidah Fatimah radiya Llahu ‘anha with Sayyidina Abu Bakr radiya Llahu ‘anhu, firstly from our books and then from Shia sources to clear the air on both sides.

 

Sunni Books

‘Amir Sha’bi rahimahu Llah says that when Sayyidah Fatimah radiya Llahu ‘anha fell ill, Sayyidina Abu Bakr radiya Llahu ‘anhu entered after seeking her permission. He apologized to her, thus Sayyidah Fatimah radiya Llahu ‘anha became pleased with him.

1. Tabaqat Ibn Sa’d vol. 8 pg. 17 – Sayyidah Fatimah radiya Llahu ‘anha
2. Al Sunan al Kubra vol. 6 pg. 301
3. Al I’tiqad ‘ala Mazhab al Salaf pg. 181
4. Al I’tiqad ‘ala Mazhab al Salaf pg. 354
5. Siyar A’lam al Nubala’ vol. 2 pg. 89, 94 – Sayyidah Fatimah bint Rasulillah radiya Llahu ‘anha
6. Riyad al Nadirah fi Manaqib al ‘Asharah al Mubasharah vol. 1 pg. 156 – The chapter that Sayyidah Fatimah radiya Llahu ‘anha passed away happy with Sayyidina Abu Bakr radiya Llahu ‘anhu.
7. Tafsir al Kabir vol. 3 pg. 230 – Under the verse Allah instructs you concerning your children.
8. Tafsir Ruh al Ma’ani vol. 4 pg. 220, 221 – Under the verse Allah instructs you concerning your children.
9. Al Bidayah vol. 5 pg. 289 and vol. 6 pg. 333
10. Fath al Bari Sharh Bukhari vol. 6 pg. 151 – Kitab Fard al Khums; second hadith
11. ‘Umdat al Qari Sharh al Bukhari vol. 15 pg. 20 – Kitab Fard al Khums; second hadith.
12. Wafa’ al Wafa’ vol. 3 pg. 996 – Sayyidah Fatimah’s radiya Llahu ‘anha demanding the sadaqat of her father from Sayyidina Abu Bakr radiya Llahu ‘anhu.
13. Ma’arij al Nubuwwah vol. 2 pg. 573 – The grief and pain of the separation of Rasulullah salla Llahu ‘alayhi wa sallam.
14. Sirah al Halabiyyah vol. 3 pg. 399 – The conditions around the demise of Rasulullah salla Llahu ‘alayhi wa sallam.
15. Tuhfah Ithna ‘Ashariyyah Farsi pg. 277 – The answer to the 13th allegation; The chapter of the allegations against Sayyidina Abu Bakr radiya Llahu ‘anhu.

 

Narrations proving her happiness are found in many other books. We have, however, sufficed on fifteen references proving that she was happy with Sayyidina Abu Bakr radiya Llahu ‘anhu and their relation was blissful.

 

Shi’i Books

The senior Shia scholars have stated the happiness of Sayyidah Fatimah radiya Llahu ‘anha with Sayyidina Abu Bakr radiya Llahu ‘anhu very emphatically and profoundly. Thus, Ibn Mitham al Bahrani writes in his commentary of Nahj al Balaghah:

 

Abu Bakr said: “O Fatimah! For the sake of Allah, you have a right upon me. I will discharge the income of Fadak just as Rasulullah salla Llahu ‘alayhi wa sallam had discharged it.”

فرضيت بذلك و اخذت العهد عليه به

Thus, Sayyidah Fatimah radiya Llahu ‘anha became pleased with this and made a promise and acknowledgement thereof to Abu Bakr.^[9]

 

We learn from the above that the disagreement between Sayyidah Fatimah radiya Llahu ‘anha and Sayyidina Abu Bakr radiya Llahu ‘anhu dissolved, their hearts were clean and harboured no ill feelings for one another and they were mutually happy.

 

Was Fadak a Gift?

When the opposition are unsuccessful in proving inheritance with regards to Fadak, they adopt another route that Rasulullah salla Llahu ‘alayhi wa sallam gifted Fadak to Sayyidah Fatimah radiya Llahu ‘anha and according to other narrations, he wrote a document and handed it over to her as well. The khulafaʼ then trampled on this gifted right of hers, tore up the document and are hence oppressors and tyrants. (Allah forbid!)

 

Considering Principles

We firstly state as a principle that we are only responsible to answer those narrations which are authentic and reliable according to the laws of this science, whereas those narrations — which are unreliable according to the laws of this science and which have been criticized by the scholars — do not stand as a proof against us and we are not obliged to answer them. Every type of narration is found in the books regarding these matters. But until a narration’s authenticity is not established, we will not consider it and it will not serve as a proof against us. Those narrations which are in theory correct will be accepted while those which are criticised and disapproved will be rejected.

 

Evaluating the Narration of Sayyidina Abu Sa’id al Khudri

After evaluating the chain of those narrations which are attributed to Sayyidina Abu Sa’id al Khudri radiya Llahu ‘anhu regarding the gift, it became clear that in reality these are not his words. The reason being is that the student of Sayyidina Abu Sa’id radiya Llahu ‘anhu is indicated to be ‘Attiyah al ‘Aufi. The ‘ulama’ of rijal have investigated him and declared that he makes profuse errors and is extremely weak. Hence, it is impermissible to accept or to write his narrations. However, if they are narrated just to show their shocking reality, then it is no problem. This man was a Shia — deviated from the straight path — who would take narrations from the well-known fabricator Muhammad ibn Sa’ib al Kalbi and coined his agnomen as Abu Sa’id. Thus, whenever he narrated from him, he would use this agnomen referring to the fabricator al Kalbi, and cause a misunderstanding and confusion with the name of the Sahabi Sayyidina Abu Sa’id al Khudri radiya Llahu ‘anhu, so that people may be duped and wholly accept his narration.^[10]

Further explanation on ‘Attiyah ibn Sa’d can be studied in the second print of my book Hadith Thaqalayn from page 49 to 52 under the isnad of Tabaqat Ibn Sa’d.

Originally, these narrations of Abu Sa’id are quoted coupled with the verse And give the relative his right and it is stated that when this verse was revealed, Rasulullah salla Llahu ‘alayhi wa sallam called Sayyidah Fatimah radiya Llahu ‘anha and gifted her Fadak. It is interesting to note that this surah (al Isra’) is Makki as is this verse. At the time when this was revealed hijrah to Madinah had not yet taken place nor was Khaybar conquered. So how was Fadak then gifted to Sayyidah Fatimah radiya Llahu ‘anha? This is contrary to historic evidence, hence it is rejected.^[11]

Similar to the narration of Abu Sa’id, some narrations are reported from other Sahabah and Tabi’in wherein it is mentioned that Rasulullah salla Llahu ‘alayhi wa sallam gifted Fadak to Sayyidah Fatimah radiya Llahu ‘anha. Some narrations state that Sayyidah Fatimah radiya Llahu ‘anha says that Rasulullah salla Llahu ‘alayhi wa sallam stipulated Fadak for her while other narrations mention that after she claimed for it from Sayyidina Abu Bakr radiya Llahu ‘anhu, he asked for witnesses and accordingly Sayyidah Umm Ayman and Sayyidina ‘Ali radiya Llahu ‘anhuma, etc. bore witness, yet Sayyidina Abu Bakr radiya Llahu ‘anhu rejected these testimonies. Regarding all of these narrations, read the following:

Senior ‘ulama’ have studied these narrations and criticised them. For example:

a. Hafiz Badr al Din al ‘Ayni al Hanafi has in ‘Umdat al Qari — the commentary of Bukhari — criticised these narrations and written that the narration regarding Sayyidina Abu Bakr radiya Llahu ‘anhu refusing the witness of Sayyidina ‘Ali radiya Llahu ‘anhu on the claim of Sayyidah Fatimah radiya Llahu ‘anha is baseless and fabricated.

هذا لا اصل له … انما هو امر مفتعل لا يثبت

This narration has no basis. It is a fabrication which is not proven.^[12]

 

b. Our seniors have emphatically stated that these types of narrations are unauthentic and are the product of Shia narrators who are extremely weak. Many narrators are totally unreliable and have Shia ideologies.

Shah ‘Abdul ‘Aziz rahimahu Llah says: “These narrations are not found in the reliable authentic books of the Ahlus Sunnah. They are nothing but Shia fabrications. To attack the Ahlus Sunnah using these narrations and demand an answer from them shows a lack of intellect.”

Furthermore, it is written in Fatawa ‘Azizi: “The narrations claiming that Fadak was gifted are extremely weak and are the product of the alteration and distortion of the Shia. Narrations of this nature have been reproduced from Ma’arij al Nubuwwah.”^[13]

 

A Ruling regarding Gifts

An accepted ruling by the Sunni and Shia regarding gifts is that until the mowhub lahu (the recipient of the gift) has not taken possession of the item, the deal is not complete and correct according to the shari’ah. Since Fadak was not given in the possession of Sayyidah Fatimah radiya Llahu ‘anha during Rasulullah’s salla Llahu ‘alayhi wa sallam lifetime but remained in the possession of Rasulullah salla Llahu ‘alayhi wa sallam, thus the deal was not complete.^[14] If for arguments sake it is accepted that Sayyidah Fatimah radiya Llahu ‘anha had possession over Fadak — as claimed by Shia propaganda — then why did she claim it from Sayyidina Abu Bakr radiya Llahu ‘anhu when she already had it in her possession?^[15]

 

The Story of Tearing of the Receipt

After the Shia lose hopelessly in their above efforts, they bring forth yet another claim that Sayyidina Abu Bakr radiya Llahu ‘anhu wrote a receipt after the claim of Sayyidah Fatimah radiya Llahu ‘anha stating that “Fadak has been handed over to Fatimah radiya Llahu ‘anha as her father’s inheritance.” Thereafter, Sayyidina ‘Umar ibn al Khattab radiya Llahu ‘anhu came, grabbed the receipt from Sayyidah Fatimah radiya Llahu ‘anha and tore it up saying to Sayyidina Abu Bakr radiya Llahu ‘anhu: “The Arabs have prepared to wage war against you. From where will you get money to spend on the Muslims?”

Read the following points and this objection will be answered.

• This narration is the fabrication of the Shia related from Abu al Hasan Musa in the book Usul al Kafi (vol. 1 pg. 355) under the chapter of fay’, spoils of war and the interpretation of khums. The same has been included in our books by some taqiyyah (dissimulation) experts such as Sibt ibn al Jowzi, etc. Sibt ibn al Jowzi’s name is Yusuf ibn Farghali or Faradghali regarding whom I have written in detail in the book Hadith Thaqalayn (pg. 190 – 192 of the first print and pg. 185 – 187 of the second print) that he would be Sunni among the Sunni and Shia among the Shia. Sometimes, he would even author books on hanafi fiqh for the Sunni. He was a cunning man who was bought out for money and a master of taqiyyah.
• Wherever our ‘ulama’ have narrated this incident from Sibt ibn al Jowzi, they have clarified that this is his fabrication, not our narration.

 

Thus is it clarified that if the receipt narration is found in our books, it has been narrated from these taqiyyah experts. The ‘ulama’ should be vigilant regarding the schemes and plots of such individuals who cunningly deceive and manipulate.

 

Waqf of Fadak

When the opposition cannot establish their claim by their above trickery, they claim that Fadak was given as waqf to Sayyidah Fatimah radiya Llahu ‘anha and in order to establish it from our books, they display a shocking manipulation; claiming that the narration of the waqf of Fadak can be found on a certain page of Fatawa ‘Azizi of Shah ‘Abdul ‘Aziz Dehlawi rahimahu Llah and those who deny the Ahlul Bayt cannot erase it, etc. etc.

The readers should remember that:

1. Shah ‘Abdul ‘Aziz Dehlawi at that place in his Fatawa ‘Azizi is answering the narrations of the Shia and this waqf narration comes third, which the contemporary Shia are using as a proof.
2. This narration has been reproduced for rebuttal, and has been criticized.
3. It has always been the practice to firstly quote the views and objections of the opposition which is thereafter rebutted. Here the Shia have furnished verification for their compound ignorance and have adopted a completely new deceptive style by presenting as a proof the very same narration which the author has debunked after quotation. Like this they wish to please their folks and be congratulated.
4. Shah ‘Abdul ‘Aziz Dehlawi rahimahu Llah has rejected this waqf narration by stating that:

• This narration has been taken from Ma’arij al Nubuwwah which is unreliable and unauthentic (a package of every type of narration).
• The wording of this narration does not conform to ancient Arabic language i.e. texts of the era of Rasulullah salla Llahu ‘alayhi wa sallam. It thus looks like a fabrication.
• And if for arguments sake, we accept that the narration of the waqf of Fadak is authentic, then it opposes the Shia Imamiyyah doctrine because it will mean that the village (Fadak) was neither inheritance nor a gift, but in fact waqf. This is the exact thing the Ahlus Sunnah are saying from the beginning that all the wealth Rasulullah salla Llahu ‘alayhi wa sallam left behind is waqf (charity in the path of Allah). Hence, their goal is not achieved thereby.

Finally, for the information of the scholars, the author of Ma’arij al Nubuwwah claims Sayyidina ‘Ali radiya Llahu ‘anhu to be the executor of Rasulullah’s salla Llahu ‘alayhi wa sallam estate which is the doctrine of the Shia, not of the Sunni. A person with such convoluted ideologies; his narrations cannot be proof against us and cannot be accepted. Peruse the following text for the executor discussion.^[16]

 

Note

It is beneficial to mention here that Sayyidina ‘Ali radiya Llahu ‘anhu being the executor of Rasulullah’s salla Llahu ‘alayhi wa sallam estate and his undisputed imamah being compulsory is a significant ideology of the senior Shia. We feel it appropriate to point this out from their earliest books. Senior Shia ‘ulama’ of the third and fourth era have mentioned this ideology. Thus, the author of Rijal al Kashshi in his book; and ‘Allamah Abu Muhammad al Hasan ibn Musa al Nowbakhti in Firaq al Shia have stated this in the following words. The later Shia scholars like ‘Allamah al Mamaqani has also stated this in Tanqih al Maqal:

 

و ذكر اهل العلم ان عبد الله بن سبا كان يهوديا فاسلم و والى عليا عليه السلام و كان يقول و هو على يهوديته فى يوشع بن نون وصى موسى بالغلو فقال فى اسلامه بعد وفات رسول الله صلى الله عليه و اله فى على عليه السلام مثل ذلك و كان اول من اشهر بالقول بفرض امامة على عليه السلام و اظهر البرأة من اعدائه و كاشف مخالفيه و اكفرهم

The Shia scholars have stated that ‘Abdullah ibn Saba’ was a Jew who (outwardly) accepted Islam and befriended ‘Ali ‘alayh al Salam . While being a Jew, he would say that Yusha’ ibn Nun was the executor of Musa. After accepting Islam, he claimed the same thing about ‘Ali after the death of Rasulullah salla Llahu ‘alayhi wa sallam. He is the first person to propagate the ideology of the compulsion of the imamah of ‘Ali, to declare exemption from his enemies and to declare them as infidels.^[17]

 

The synopsis of this is that:

1. This ideology of Sayyidina ‘Ali radiya Llahu ‘anhu being the executor is a fabrication of the senior Shia.
2. Sayyidina ‘Ali’s radiya Llahu ‘anhu imamah being compulsory is also their fabrication.
3. The senior Shia scholars have accepted both these fallacious ideologies.

 

The aim of mentioning all of this is to show that the belief and ideology of Sayyidina ‘Ali radiya Llahu ‘anhu being the executor and his undisputed imamah is not the belief of the Ahlus Sunnah wa l-Jama’ah but rather an exclusive belief of the Shia. Therefore, the statements of authors with such corrupt ideologies cannot serve as proof against us.

Remember that the Shia scholars have written to this extent that in that era ‘Abdullah ibn Saba’ would call Sayyidina ‘Ali radiya Llahu ‘anhu a deity and would call himself his Nabi. He also acknowledged this in the presence of Sayyidina ‘Ali radiya Llahu ‘anhu who gave him three days respite to repent and seek forgiveness. However, he did not abandon his belief and was thus thrown in the fire and burnt.^[18] Ibn Saba’ was executed because of his belief in the divinity of Sayyidina ‘Ali radiya Llahu ‘anhu and in his own nubuwwah. Notwithstanding this, his two corrupt ideologies of executorship and imamah are wholly accepted by the Shia.

 

Fadak and Rasulullah’s salla Llahu ‘alayhi wa sallam Bequest

When all of the schemes, plots and manipulations of the Shia do not work regarding Fadak, they use yet another scheme that Rasulullah salla Llahu ‘alayhi wa sallam bequeathed Fadak to Sayyidah Fatimah radiya Llahu ‘anha, but Sayyidina Abu Bakr radiya Llahu ‘anhu did not fulfil this bequest and thus disobeyed Rasulullah salla Llahu ‘alayhi wa sallam. To answer this criticism we say:

1. To establish this claim, it is necessary for them to furnish authentic narrations from reliable books of the Ahlus Sunnah. No attention will be given to this claim if backed by weak and baseless narrations. Now, if any narrations of this type are found, they do not meet the standards of this science, and hence are not worthy of been given attention.

2. Secondly, Sunni and Shia declare a bequest as the sister of inheritance. Accordingly, the wealth which cannot be inherited cannot be bequeathed. This is because after the demise of the person making the bequest, ownership is transferred to the one whom the bequest was made for or the heir. Whereas, after the passing away of the ambiyaʼ, they do not remain owners of their wealth, instead their wealth is Allah’s and is kept in the bayt al mal^[19]. Thus, when the wealth of the ambiyaʼ cannot be inherited then it cannot be bequeathed all the more since inheritance is stronger than a bequest.^[20]

3. If for arguments sake we accept that Rasulullah salla Llahu ‘alayhi wa sallam did make this bequest and Sayyidina Abu Bakr radiya Llahu ‘anhu did not fulfil it and acted contrary, then why did Sayyidina ‘Ali radiya Llahu ‘anhu not fulfil it in his khilafah and distribute it among the heirs of Sayyidah Fatimah radiya Llahu ‘anha? To establish this fact, study the following references written by the senior Shia (wherein it is mentioned that Sayyidina ‘Ali radiya Llahu ‘anhu did not distribute Fadak among the heirs of Sayyidah Fatimah radiya Llahu ‘anha).

• Kitab al Rowdah (in the last section of Furu’ al Kafi) vol. 3 pg. 29 – The khutbah of Amir al Mu’minin ‘alayh al Salam .
• Talkhis al Shafi vol. 3 pg. 144 – Not returning Fadak.

 

4. Why did Sayyidina Hasan radiya Llahu ‘anhu not fulfil this bequest in his khilafah?

5. It is surprising that the Sahabah radiya Llahu ‘anhum and the ummah of Rasulullah salla Llahu ‘alayhi wa sallam exhausted all their efforts to fulfil the other bequests of Rasulullah salla Llahu ‘alayhi wa sallam, so why did they — including the Banu Hashim — adopt this lax attitude with regards to fulfilling the bequest in favour of Sayyidah Fatimah radiya Llahu ‘anha and why did they abandon the statement of Rasulullah salla Llahu ‘alayhi wa sallam ?

 

Synopsis

In this discussion we wished to discuss the claim for wealth made by Sayyidah Fatimah radiya Llahu ‘anha to Sayyidina Abu Bakr radiya Llahu ‘anhu which we have sufficiently did. In short, Sayyidah Fatimah’s radiya Llahu ‘anha claim was for inheritance. Sayyidina Abu Bakr radiya Llahu ‘anhu pointed out to her that the wealth of the ambiyaʼ is not inherited, but rather it is waqf and given in charity and the share she would get in the lifetime of Rasulullah salla Llahu ‘alayhi wa sallam will be given to her in full. After this, she was satisfied with the answer and remained silent denoting her acknowledgment. Thereafter, neither did she claim this again nor did Sayyidina ‘Ali radiya Llahu ‘anhu and the other members of Banu Hashim object. This is a practical verification and proof of the correctness of the verdict of Sayyidina Abu Bakr radiya Llahu ‘anhu who did not trample the right of any relative of Rasulullah salla Llahu ‘alayhi wa sallam.

 

NEXT⇒ Discussion 4: Burning the House of Sayyidah Fatimah radiya Llahu ‘anha

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^[1]  Bukhari vol. 1 pg. 526 – Kitab al Manaqib; The chapter concerning the family of Rasulullah salla Llahu ‘alayhi wa sallam

Bukhari vol. 2 pg. 576 – Kitab al Maghazi; The chapter concerning the narration of Banu Nadir

^[2]  Usul al Kafi pg. 17 – The chapter of the quality of knowledge

Usul al Kafi pg. 18 – The chapter of the reward of the scholar and the learner

Al Amali pg. 37 majlis: 14

Qurb al Asnad pg. 44

Basa’ir al Darajat pg. 3 – The chapter of the reward of the scholar and the learner

Basa’ir al Darajat pg. 10, 11

^[3]  Tarjamah wa Sharh Farsi Nahj al Balaghah vol. 5 pg. 960

^[4]  Bukhari vol. 1 pg. 443 – The chapter concerning he who says that a proof that a fifth is for the affairs of the Muslims

Mishkat pg. 416 – Bab al Wa’d

^[5]  Mishkat pg. 416 – Bab al Wa’d; section 2

^[6]  Kanz al ‘Ummal vol. 3 pg. 134 with reference to Ibn Sa’d narration 2291 – Kitab al Khilafah; under the khilafah of Sayyidina Abu Bakr Siddiq

^[7]  Kitab al Amwal pg. 189

^[8]  Tafsir al Kabir vol. 3 pg. 230 – Under the verse Allah instructs you concerning your children.

^[9]  Sharh Nahj al Balaghah vol. 5 pg. 107 – Maqsad 8 of 18; The letter of Sayyidina ‘Ali al Murtada radiya Llahu ‘anhu to ‘Uthman ibn Hanif, the governor of Basrah, “Indeed, Fadak was in our hands.”

Durrat al Najafiyyah Sharh Nahj al Balaghah pg. 331, 332 – The letter of Sayyidina ‘Ali al Murtada radiya Llahu ‘anhu to ‘Uthman ibn Hanif, the governor of Basrah.

^[10]  Tahdhib al Tahdhib vol. 7 pg. 225, 226 – ‘Attiyah ibn Sa’d al ‘Aufi al kufi

Mizan al I’tidal vol. 2 pg. 201 – ‘Attiyah ibn Sa’d al ‘Aufi

^[11]  Tuhfah Ithna ‘Ashariyyah Farsi pg. 44 – 32nd Chapter

^[12]  ‘Umdat al Qari Sharh al Bukhari vol. 15 pg. 20 – Kitab Fard al Khums; second hadith

Tuhfah Ithna ‘Ashariyyah Farsi pg. 277 – The answer to the 13th allegation

^[13]  Fatawa ‘Azizi Farsi vol. 2 pg. 100

^[14]  Minhaj al Sunnah vol. 2 pg. 166 – The answer to gifting Fadak.

Tuhfah Ithna ‘Ashariyyah Farsi pg. 278 – The answer to the 13th allegation.

^[15]  Mizan al I’tidal vol. 2 pg. 228 – ‘Ali ibn ‘Abbas al Arzaq al Asadi al Kufi

^[16]  Ma’arij al Nubuwwah vol. 3 pg. 85, 86 rukn 4 ch. 14 sec. 5 – The incidents after the demise of Rasulullah salla Llahu ‘alayhi wa sallam

^[17]  Rijal Kashshi pg. 71 – ‘Abdullah ibn Saba

Firaq al Shia pg. 44 – The Sabaʾiyyah

Tanqih al Maqal vol. 2 pg. 184 – ‘Abdullah ibn Saba

^[18]  Rijal al Kashshi pg. 70 – ‘Abdullah ibn Saba

Tanqih al Maqal vol. 2 pg. 184 – ‘Abdullah ibn Saba

^[19]  Public treasury.

^[20]  Tuhfah Ithna ‘Ashariyyah Farsi pg. 279– The answer to the 14th allegation