Section Two: Consultation in Shar’i Rulings

Chapter Two – Section One: The Station of Judge and Mufti
February 7, 2019
Section Three: 1. Consultation regarding Administrative Matters
February 7, 2019

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Section Two: Consultation in Shar’i Rulings

Academic discussions were regularly held between Sayyidina ‘Umar and Sayyidina ‘Ali radiya Llahu ‘anhuma wherein they would enquire about various religious rulings from each other. Since Sayyidina ‘Ali radiya Llahu ‘anhu was the judge during the khilafah, many rulings were referred to him for verdict. Moreover, Sayyidina ‘Umar al Faruq radiya Llahu ‘anhu would consult with the senior Sahabah radiya Llahu ‘anhum when faced with new laws. On many occasions, he deemed Sayyidina ‘Ali’s radiya Llahu ‘anhu opinion correct and ruled that it should be implemented. We will now present some reports from hadith compilations to have a glimpse at this.

Our goal is not to encompass all the academic discussions they had. Rather, we wish to present a few of them from which it will be easy realised that these religious leaders were like honey and sugar. We will also come to learn of the level of their mutual respect and how they ran the khilafah with unity in religious matters. It will also be understood that there was no ill feelings between them. They were living examples of the verse:

 

إِنَّمَا الْمُؤْمِنُوْنَ إِخْوَةٌ

The believers are but brothers.[1]

 

And the following verse aptly applied to them:

وَأَمْرُهُمْ شُورىٰ بَيْنَهُمْ

And whose affair is [determined by] consultation among themselves.[2]

Before commencing with the incidents, I will like to mention that during these dialogues, we will find words of benevolence and goodwill from Sayyidina ‘Ali’s side for Sayyidina ‘Umar radiya Llahu ‘anhuma. The Shia scholars have recorded this. This demonstrates their academic connections coupled with compassion and well-wishing.

 

Academic Dialogue

Abu Nuaim al Asbahani reports the following discussion in Hilyat al Auliya’:

 

عن سالم بن عبد الله بن عمر عن أبيه قال قال عمر بن الخطاب لعلي بن أبي طالب رضي الله عنهما ربما شهدت وغبنا و ربما غبت و شهدنا فهل عندك علم بالرجل يحدث بالحديث إذا نسيه استذكره فقال علي سمعت رسول الله صلى الله عليه و سلم يقول ما من القلوب قلب إلا و له سحابة كسحابة القمر بينما القمر مضيئ إذ علته سحابة فأظلم إذ تجلت عنه فأضاء و بينما الرجل يحدث إذ علته سحابة فنسي إذ تجلت عنه فذكره

From Salim ibn ‘Abdullah ibn ‘Umar―from his father who reports that―’Umar ibn al Khattab said to ‘Ali ibn Abi Talib radiya Llahu ‘anhuma:

“Sometimes you were present (in the gathering of Rasulullah salla Llahu ‘alayhi wa sallam) and we were absent and you were absent and we were present. So do you have any knowledge of a man who possessed some knowledge but subsequently forgot it only to remember it later?”

‘Ali said, “I heard Rasulullah salla Llahu ‘alayhi wa sallam saying, ‘Every heart has a cloud, like the cloud covering the moon. The moon is shining bright when suddenly a cloud covers it and darkness spreads. But when it moves away, it illuminates (the sky) again. Sometimes a person speaks and forgets when his mind is clouded. But when it disappears, he remembers.’”[3]

 

Words of Benevolence

Shia scholars have reported the following narration wherein Sayyidina ‘Ali gives three pieces of advice to Sayyidina ‘Umar radiya Llahu ‘anhuma:

 

قال أبو عبد الله عليه السلام قال أمير المؤمنين عليه السلام لعمر بن الخطاب ثلاث إن حفظتهن و عملت بهن كفتك ما سواهن فإن تركتهن لم ينفعك شيء سواهن قال و ما هن يا أبا الحسن قال إقامة الحدود على القريب و البعيد و الحكم بكتاب الله في الرضا و السخط و القسم بالعدل بين الأسود و الأحمر فقال له عمر لعمري لقد أوجزت و أبلغت

Abu ‘Abdullah rahimahu Llah narrated:

Amir al Mu’minin radiya Llahu ‘anhu said to ‘Umar ibn al Khattab, “If you remember three pieces of advice and practice upon them, it will suffice you from all others. However, if you abandon them, nothing besides them will benefit you.”

“And what are they, ‘Umar enquired eagerly, “O Abu al Hassan?”

‘Ali said, “Implementation of prescribed punishments on the close and distant (in relation); judging according to the Book of Allah in happiness and anger; and distributing equally between the dark-skinned and fair-skinned.”

‘Umar congratulated him thus, “By my life, you have summed it up in a nutshell most eloquently.”[4]

 

Consultation in Religious Issues

Some rulings will be listed below over which Sayyidina ‘Umar and Sayyidina ‘Ali radiya Llahu ‘anhuma held mutual consultation at different junctures and the former practiced upon the latter’s opinion. These incidents attest to the mutual love, friendship, and benevolence these pious giants shared and are clear confirmations of our core discussion. Eyes of insight are needed.

 

 

1. Sadaqah

Imam Ahmed records this incident of the people of Sham in his al Musnad:

عن سفيان عن أبي إسحاق عن حارثة قال جاء ناس من أهل الشام إلى عمر فقالوا إنا قد أصبنا أموالا و خيلا و رقيقا نحب أن يكون لنا فيها زكوة و طهور قال ما فعله صاحباي قبلي فأفعله و استشار أصحاب محمد صلى الله عليه و سلم و فيهم علي (ابن أبي طالب) فقال علي هو حسن إن لم يكن جزية راتبة يؤخذون بها من بعدك

From Sufyan―from Abu Ishaq―from Harithah who reports:

Some people from Sham came to ‘Umar and submitted, “We have obtained much wealth, horses, and slaves. We desire to fulfil our zakat from there, which will be a means of purification.”

‘Umar said, “I will do just as my two friends (Rasulullah salla Llahu ‘alayhi wa sallam and Sayyidina Abu Bakr radiya Llahu ‘anhu) did before me.”

Subsequently, he consulted with the Sahabah of Rasulullah salla Llahu ‘alayhi wa sallam, and ‘Ali was among them. ‘Ali said, “It is alright on condition that it is not a recurring tax that will be taken from them after you.”[5]

 

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2. Diyah (Blood money)

This narration appears in Kanz al ‘Ummal and is referenced to Musannaf ‘Abdul Razzaq:

 

عن حبي بن يعلى يخبر أن رجلا أتى يعلى فقال هذا قاتل أخي فدفعه إليه فجدعه بالسيف حتى رأى أنه قتله و به رمق فأخذه أهله فداووه حتى برئ فجاء يعلى فقال قاتل أخي فقال أوليس فد دفعته إليك فأخبره خبره فدعاه يعلى فإذا هو قد شلل فحسب جروحه فوجد فيه الدية فقال له يعلى إن شئت فادفع إليه ديته و اقتله و إلا فدعه فلحقه بعمر فاستعدى على يعلى فكتب عمر إلى يعلى أن أقدم علي فقدم عليه فأخبره الخبر فاستشار عمر علي ابن أبي طالب فأشار عليه بما قضى به يعلى فاتفق علي و عمر على قضاء يعلى أن يدفع إليه الدية و يقتله أو يدعه فلا يقتله و قال عمر ليعلى إنك لقاض و رده على عمله

Hibbi ibn Ya’la updates that a man approached Ya’la and said, “This is my brother’s murderer.”

Consequently, Ya’la handed the criminal over to the bereaved who amputated his limb with a sword and thought that he had killed him. Meanwhile there were still sparks of life in him so his family took him and treated him until he recovered. The person came back to Ya’la and said, “This is my brother’s murderer.”

Ya’la told him, “But did I not hand him over to you.”

The person explained what had happened. Subsequently, Ya’la summoned the man. His limb had become paralysed. So his wound was examined and evaluated and it was realised that it amounted to a penalty of blood money. So Ya’la said to the man, “If you wish, give him his blood money and kill him. Otherwise, leave him.”

The man went to ‘Umar and appealed for assistance against Ya’la so ‘Umar wrote to Ya’la to come to him. Accordingly, he came and related the entire incident. ‘Umar then consulted ‘Ali ibn Abi Talib who gave him the same verdict Ya’la gave. So ‘Ali and ‘Umar were unanimous on Ya’la’s decision to give him blood money and kill him or spare his life.

‘Umar then commended Ya’la, “You are definitely a worthy judge,” and restored him to his post.[6]

 

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3. A Compelled Woman

 

عن الأعمش عن سعد بن عبادة عن أبي عبد الرحمن السلمي قال أتي عمر بن الخطاب بامرأة جهدها العطش فمرت على راع فاستسقت فأبى أن يسقيها إلا أن تمكنه من نفسها ففعلت فشاور الناس في رجمها فقال علي رضي الله عنه هذه مضطرة أرى أن تخلي سبيلها ففعل

Al A’mash―from Sa’d ibn ‘Ubadah―from Abu ‘Abdul Rahman al Sulami who said:

A woman’s case was brought before ‘Umar ibn al Khattab. She was extremely thirsty and passed by a shepherd and begged him for water. He refused to give her water except if she allows him access to herself. Due to desperation, she acceded. People consulted regarding whether she should be stoned or not. ‘Ali said, “She is mudtarrah (compelled). I feel that she should be released.” And ‘Umar did just that.[7]

 

This incident is also recorded by Sa’id ibn Mansur al Makki al Khurasani[8] and ‘Abdul Razzaq[9].

 

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4. Homosexuality

The Shia scholars have documented this incident in the book of punishments in the chapter of punishment for homosexuality. The following wording is taken from al Furu’ min al Kafi of Muhammad ibn Ya’qub al Kulayni al Razi:

 

قال سمعت أبا عبد الله عليه السلام يقول وجد رجل مع رجل في إمارة عمر فهرب أحدهما و أخذ الآخر فجيء به إلى عمر فقال للناس ما ترون قال فقال هذا اصنع كذا و قال هذا اصنع كذا قال فقال ما تقول يا أبا الحسن قال اضرب عنقه فضرب عنقه قال ثم أراده أن يحمله فقال مه أنه قد بقي من حدوده شيء قال أي شيء بقي قال ادع بحطب قال فدعا عمر بحطب فأمر به أمير المؤمنين عليه السلام فأحرقه به

I heard Abu ‘Abdullah rahimahu Llah reporting:

A man was found (committing immorality) with another man during the reign of ‘Umar. One of them fled while the other was seized and brought to ‘Umar. ‘Umar asked the Sahabah, “What are your views.”

Some said do this and others said do that. ‘Umar then said, “What do you say O Abu al Hassan?”

‘Ali responded, “Execute him.”

Accordingly, he was executed. They wanted to carry him away (to bury him) but ‘Ali interrupted saying, “Wait, one segment of his punishment is outstanding?”

“And what remains,” ‘Umar enquired.

He explained, “Call for firewood.”

Accordingly ‘Umar called for firewood. Amir al Mu’minin ordered that he be incinerated and so he was.[10]

 

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5. Punishment for Consuming Alcohol

 

عن ابن وبرة قال أرسلني خالد بن الوليد إلى عمر فأتيته و معه عثمان بن عفان و عبد الرحمن بن عوف و علي و طلحة و الزبير و هم معه متكئون في المسجد فقلت أن خالد بن الوليد أرسلني إليك و هو يقرأ عليك السلام و يقول إن الناس قد انهمكوا في الخمر و تحاقروا العقوبة فيه فقال عمر هم هؤلاء عندك فسلهم فقال علي نراه إذا سكر هذى و إذا هذى افترى و على المفتري ثمانين فقال أبلغ صاحبك ما قال قال فجلد خالد ثمانين جلدة و جلد عمر ثمانين

Ibn Wabarah reports:

Khalid ibn al Walid sent me to ‘Umar. I came to him while ‘Uthman ibn ‘Affan, ‘Abdul Rahman ibn ‘Awf, ‘Ali, Talhah, and Zubair were in his company, reclining in the Masjid. I submitted, “Khalid ibn al Walid sent me to you. He conveyed his salam to you and said that people are entrapped in consuming wine and are trivialising its penalty.”

‘Umar said, “Ask these men around you.”

‘Ali suggested, “I feel that when a person is intoxicated he blabbers, and when he blabbers he slanders. And a slanderer is given eighty lashes.”

‘Umar said, “Relay what he said to your leader.”

The narrator says, “So Khalid gave eighty lashes and so did ‘Umar.”[11]

 

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6. Stealing

A thief stole for a third time, so Sayyidina ‘Umar radiya Llahu ‘anhu consulted with the Sahabah radiya Llahu ‘anhum. He agreed with Sayyidina ‘Ali’s radiya Llahu ‘anhu view, i.e. the thief should be imprisoned for life. A portion of the text is quoted here from ‘Ala’ al Din ibn Turkamani’s al Jawhar al Naqi ‘ala Sunan al Baihaqi:

 

إن عمر استشارهم في سارق فأجمعوا على مثل قول علي

‘Umar consulted them regarding a thief and they unanimously agreed on ‘Ali’s view.[12]

 

Note:

The Shia scholars have also mentioned that initially the punishment for consuming alcohol was minor but …

 

ثم لم يزل الناس يزيدون حتى وقف على ثمانين أشار بذلك علي على عمر فرضي بها

The people continued increasing until he stopped at eighty. ‘Ali forwarded this opinion to ‘Umar and the latter was happy with it.[13]

 

This narration is found in other Shia books besides al Furu’ min al Kafi. We thought this reference would be sufficient for corroboration.

 

Deductions of this Section

  1. Academic discussions were held between Amir al Mu’minin Sayyidina ‘Umar and Sayyidina ‘Ali radiya Llahu ‘anhuma. They awarded one another words of advice and benevolence.
  2. Consultations were held at times to decide rulings and the unanimous view was implemented. Just as the believers’ quality is mentioned in the Qur’an:

وَأَمْرُهُمْ شُورىٰ بَيْنَهُمْ

And whose affair is [determined by] consultation among themselves[14]

 

They are the full focus of this verse.

All these narrations are evidence that there existed compassion, love, and affection between these religious seniors and elders of the ummah. Disputes, hatred, and enmity were totally non-existent.

 

Removing a Misconception and a Caution

When incidents of the academic discussion between Sayyidina ‘Umar and Sayyidina ‘Ali radiya Llahu ‘anhuma wherein they would share ideas and discuss rulings are mentioned, those who oppose the Sahabah radiya Llahu ‘anhum attribute all this to Sayyidina ‘Umar’s radiya Llahu ‘anhu ignorance and propagate the false ideology that he was unaware and unqualified in the academic field. All this is in contrast to reality and is the product of wayward understanding.

Those who happened to read their books are fully aware of this methodology of theirs. They have dedicate chapters and sections for the criticism against al Faruq radiya Llahu ‘anhu. They establish Sayyidina ‘Ali’s academic prowess over Sayyidina ‘Umar radiya Llahu ‘anhuma and begin this discussion.

Study Falak al Najat (vol. 1 chapter 4) and A’inah Mazhab Sunni, etc. and then hopefully these assertions will be attested to. These books are authored by the Shia of Jhang district.

To remove doubts and misgivings from the objectors and to give them solace and comfort, some rulings and incidents will be cited wherein Sayyidina ‘Ali radiya Llahu ‘anhu himself expresses his unawareness at some junctures, at some instances other Sahabah’s radiya Llahu ‘anhum stance besides his was correct and his action was incorrect as established by his own acknowledgement, and sometimes he had a view and practiced upon it deeming it accurate but later changed his view and retracted from his initial view and followed the opinion of other Sahabah radiya Llahu ‘anhum, yet never felt any restriction or complication. Snippets from various references will be cited now. Kindly study them carefully:

 

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First Report

This is the statement of Sayyidina ‘Ali radiya Llahu ‘anhu recorded in Nahj al Balaghah:

 

فلا تكفوا عن مقالة بحق أو مشورة بعدل فإني لست في نفسي بفوق أن أخطئ و لا آمن ذلك من فعلي إلا أن يكفي الله من نفسي ما هو أملك به مني

Do not desist from speaking the truth or advising justice because I do not consider myself above error nor do I feel safe from committing mistakes except that Allah protects me from myself, which He has greater ownership over than myself.[15]

 

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Second Report

It is reported from Sayyidina ‘Ali radiya Llahu ‘anhu in Kanz al ‘Ummal with reference to Ibn Jarir and Ibn ‘Abdul Barr:

 

عن محمد بن كعب قال سأل رجل عليا عن مسئلة فقال فيها فقال الرجل ليس هكذا و لكن كذا و كذا قال أصبت و أخطأت و فوق كل ذي علم عليم

Muhammad ibn Ka’b reports:

A man asked ‘Ali about a ruling and he answered.

So the man said, “It is not like this. Rather it is like this.”

‘Ali confessed, “You are right and I was wrong. And above every person of knowledge is one more knowledgeable.”[16]

 

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Third Report

عن ربيعة بن دراج أن عليا صلى بعد العصر ركعتين فتغيظ عليه عمر و قال أما علمت أن رسول الله صلى الله عليه و سلم كان ينهانا عنها

Rabi’ah ibn Darraj narrates that ‘Ali performed two units of salah after ‘Asr (en route to Makkah). ‘Umar got upset with him and shouted, “Are you not aware that Rasulullah salla Llahu ‘alayhi wa sallam would forbid us from this?”[17]

 

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Fourth Report

 

عن عكرمة أن عليا حرق قوما ارتدوا من الإسلام فبلغ ذلك ابن عباس فقال لو كنت أنا لقتلتهم بقول رسول الله صلى الله عليه و سلم قال رسول الله صلى الله عليه و سلم من بدل دينه فاقتلوه و لم أكن لأحرقهم لأن رسول الله صلى الله عليه و سلم قال لا تعذبوا بعذاب الله فبلغ ذلك عليا فقال صدق ابن عباس هذا حديث حسن صحيح

‘Ikrimah recalls:

‘Ali burnt a tribe that apostatised from Islam. When news of this reached Ibn ‘Abbas, he commented, “Had I been in authority, I would have executed them as per the command of Rasulullah salla Llahu ‘alayhi wa sallam, he ordered, ‘Whoever changes his religion, kill him.’ I would not have burnt them since Rasulullah salla Llahu ‘alayhi wa sallam forbade, ‘Do not punish with Allah’s punishment.’”

This reached ‘Ali who acknowledged, “Ibn ‘Abbas spoke the truth.”

This hadith is Hassan sahih.[18]

 

There are many such rulings concerning which Sayyidina ‘Ali radiya Llahu ‘anhu changed his opinion, e.g.

  • Selling ummahat al awlad (slave girls who bear children for their masters). Sayyidina ‘Umar radiya Llahu ‘anhu would prohibit their sale while on the other hand Sayyidina ‘Ali radiya Llahu ‘anhu would allow the same. The latter’s judge ‘Ubaidah al Salmani submitted that we prefer the unanimous view (which is the view of Sayyidina ‘Umar radiya Llahu ‘anhu) over your individual view. Accordingly, the judge continued passing judgement according to Sayyidina ‘Umar’s view in the khilafah of Sayyidina ‘Ali radiya Llahu ‘anhuma and ‘Ali abandoned his own view telling the judge, “Continue passing judgement as you were.”[19]
  • In inheritance, in the case when the deceased is survived by the paternal grandfather and brothers, Sayyidina ‘Ali radiya Llahu ‘anhu would give a third to the grandfather. He later retracted from this view and opted for the view of other Sahabah radiya Llahu ‘anhum of a sixth.[20]
  • During the lifetime of Rasulullah salla Llahu ‘alayhi wa sallam, Sayyidina ‘Ali radiya Llahu ‘anhu thought about marrying Abu Jahl’s daughter. Rasulullah salla Llahu ‘alayhi wa sallam became extremely angry at this, so he discarded this thought.[21]

 

There are numerous stories of such a nature recorded in the books. These few incidents have been presented for the sound-minded to ponder over. After an unbiased study of the above it will become manifest that expressing one’s unawareness of a certain issue, erring, abandoning one’s research and opting for another’s, etc., is not a defect or shortcoming nor befitting of censure. If it is, then it is found on both sides. And if it is not a defect and cause of objection, then too it is on both sides. If only a little impartiality is observed, the issue will become clear and there will be no need for any questions or answers.

 

Caution

It is befitting to clarify that Sayyidina ‘Ali radiya Llahu ‘anhu maintained the rulings determined in the khilafah of Sayyidina ‘Umar radiya Llahu ‘anhu in his own reign. He did not follow another path. He neither invented new rules of governship, nor did he begin a new methodology, nor did he alter the administrative affairs. Rather, he continued following the Faruqi pattern and judgements and established his state in the light of these regulations and laws. The senior ‘Ulama’ of the ummah have clearly documented this in their books.

‘Allamah Zayn al Din Abu al Farj ‘Abdul Rahman ibn Shihab al Din Ibn Rajab al Hambali al Baghdadi (from the eighth century) writes in his book Jami’ al ‘Ulum wa al Hikam fi Sharh Khamsin Hadithan:

 

و كان علي رضي الله عنه يتبع قضاياه و أحكامه و يقول أن عمر كان رشيد الأمر

‘Ali radiya Llahu ‘anhu would follow his (‘Umar’s) judgments and verdicts and would say, “Certainly, ‘Umar was rashid al amr (guided in his verdicts).”[22]

 

A few ahadith were mentioned before in this volume in chapter one, section two, under theme four which support and substantiate the above. They will be briefly quoted here to refresh the memory.

  1. Sharik reports from Zubaid―and this is the statement of Sayyidina Zaid radiya Llahu ‘anhu as well:

 

إن عليا كان يشبه بعمر في السيرة

‘Ali resembled ‘Umar in sirah (administration of state).[23]

 

  1. Abu Jafar Muhammad Baqir rahimahu Llah emphatically states:

 

سلك علي بالخمس طريقهما

‘Ali followed their (Abu Bakr and ‘Umar) methodology in the khums.[24]

 

سلك به والله سبيل أبي بكر و عمر

By Allah, he followed the path of Abu Bakr and ‘Umar in its regard.[25]

 

  1. Sayyidina Hassan ibn ‘Ali declared:

لا أعلم عليا خالف عمر و لا غير شيئا مما صنع حين قدم الكوفة

I do not know of ‘Ali opposing ‘Umar or changing anything he did from the time he arrived in Kufah.[26]

 

  1. It is reported from Sayyidina ‘Ali’s radiya Llahu ‘anhu reliable student ‘Abd Khair:

 

عن عبد خير سمع عليا يقول إن عمر كان موفقا رشيدا في الأمور والله لا أغير شيئا صنعه عمر

‘Abd Khair heard ‘Ali affirming:

Certainly, ‘Umar was inspired and rightly guided in matters (of the state). By Allah, I will not alter anything ‘Umar instated.[27]

 

  1. The statement of ‘Allamah Sha’bi:

قال علي حين قدم الكوفة ما كنت لأحل عقدة شدها عمر

‘Ali announced when he arrived in Kufah:

I will not open any knot tied by ‘Umar.[28] (I will not change anything ‘Umar passed.)

 

Summary

This is just a glimpse at some of the narrations and incidents for the benefit of those who love the truth. There are many such incidents and transmissions of this nature found in the books. These reports have proved beyond doubt that:

  • Sayyidina ‘Ali ibn Talib radiya Llahu ‘anhu established the Faruqi governmental system in his khilafah and took great care to follow the verdicts and judgements passed in the Faruqi era.
  • There was complete harmony between the sirah of Sayyidina ‘Ali and Sayyidina ‘Umar radiya Llahu ‘anhuma.
  • The matters that were founded in the Faruqi state, Sayyidina ‘Ali radiya Llahu ‘anhu maintained them to the tee and never made the slightest change in them. This by itself proves the correctness of the Faruqi khilafah and also depicts the love and unity these illustrious seniors shared.

 

NEXT⇒ Section Three Part 1


[1] Surah al Hujurat: 10.

[2] Surah al Shura: 38.

[3] Hilyat al Auliya’, vol. 2 pg. 196, discussion on Salim ibn ‘Abdullah.

[4] Tarikh Ya’qubi, vol. 2 pg. 208, discussion on the times of ‘Umar, new Beirut print; Sheikh al Tusi: Tahdhib al Ahkam, vol. 2 pg. 71, book on judiciary, chapter on the etiquette of the governors, old Iran print; Ibn Shaharashub: al Manaqib, vol. 2 pg. 120, section regarding his success in resoluteness and abandonment of hypocrisy, dissimulation.

[5] Musnad Ahmed, vol. 1 pg. 14, masanid ‘Umar ibn al Khattab, with selections of Kanz, Egypt print; al Daraqutni: al Sunan, vol. 1 pg. 219, chapter on encouragement to take out charity, Ansari print, Delhi; Sharh Ma’ani al Athar, vol. 1 pg. 310, book on zakat, chapter on horses.

[6] Musannaf ‘Abdul Razzaq, vol. 9 pg. 432; Kanz al ‘Ummal, vol. 7 pg. 300, Hadith: 3481, first edition.

[7] Al Baihaqi: al Sunan al Kubra, vol. 8 pg. 236, book on punishments, chapter on one who fornicates with a coerced woman.

[8] Sunan Sa’id ibn Mansur, vol. 2 pg. 72.

[9] Musannaf ‘Abdul Razzaq, vol. 4 pg. 108.

[10] Al Furu’ min al Kafi, vol. 3 pg. 109, book on hudud, chapter on the hadd of homosexuality, Lucknow print; Sheikh al Tusi: al Istibsar, vol. 2 pg. 306, book on hudud, chapter on the hadd of homosexuality, Lucknow print.

[11] Sunan al Daraqutni, vol. 2 pg. 354 – 358, with al Mughni’s footnotes, under the discussion on hudud, Delhi print; al Mustadrak, vol. 4 pg. 375, book on hudud, Hyderabad print, Dakkan; Muwatta’ Malik, pg. 357, the narrations concerning the hadd of consuming alcohol, Delhi print; Sharh Ma’ani al Athar, vol. 2 pg. 88, book on hudud, Delhi print; Kanz al ‘Ummal, vol. 3 pg. 100, 101, 104, book on hudud, hadd of alcohol, with reference to Ibn Jarir, al Baihaqi, ‘Abdul Razzaq, etc., first edition, Da’irat al Ma’arif, Hyderabad Dakkan; Musannaf ‘Abdul Razzaq, vol. 7 pg. 378, hadd of alcohol, Beirut print.

[12] Al Jawhar al Naqi ‘ala Sunan al Baihaqi, vol. 8 pg. 275.

[13] Al Furu’ min al Kafi, vol. 3 pg. 117, chapter the mandatory hadd of drinking, Nawl Kashawr print, Lucknow.

[14] Surah al Shura: 38.

[15] Nahj al Balaghah, vol. 1 pg. 436, his sermon at Siffin.

[16] Kanz al ‘Ummal, vol. 5 pg. 241, regarding the etiquette of knowledge and the ‘Ulama’, first edition.

[17] Musannaf ‘Abdul Razzaq, vol. 2 pg. 430; Musnad Ahmed, vol. 1 pg. 17, musnadat ‘Umar, with selection of Kanz.

[18] Jami’ al Tirmidhi, pg. 230, 176, chapters on hudud, the narrations concerning the hadd for a murtad, Mujtaba’i print, Delhi; Musnad Humaidi, vol. 1 pg. 244 – 245, Hadith: 533.

[19] Sahih al Bukhari, vol. 1 pg. 526, chapter on ‘Ali’s virtues; Qadi ‘Abdul Jabbar al Mu’tazili: Kitab al Mughni, pg. 18; Ibn Taymiyyah al Harrani: Minhaj al Sunnah, vol. 3 pg. 156.

[20] Kitab al Mughni, pg. 18; Minhaj al Sunnah, vol. 3 pg. 156.

[21] Sahih al Bukhari, vol. 1 pg. 438, book on jihad, the chapter concerning the armour, staff, and sword of Rasulullah salla Llahu ‘alayhi wa sallam, Nur Muhammadi print, Delhi; Sahih al Bukhari, vol. 1 pg. 528, book on virtues, chapter on mention of the son-in-laws of the Nabi salla Llahu ‘alayhi wa sallam, Nur Muhammadi print, Delhi.

[22] Jami’ al ‘Ulum wa al Hikam, pg. 250, fourth edition.

[23] Yahya ibn Adam: Kitab al Kharaj, pg. 24, Egypt print; al Riyad al Nadirah, vol. 2 pg. 85, section on the reports of ‘Ali on ‘Umar’s virtues.

[24] Musannaf ‘Abdul Razzaq, vol. 5 pg. 237, chapter on khums.

[25] Sharh Ma’ani al Athar, vol. 2 pg. 135, chapter on the share of the Dhawi al Qurba, Delhi print.

[26] Al Riyad al Nadirah, vol. 2 pg. 85, section on the reports of ‘Ali on ‘Umar’s virtues.

[27] Al Tarikh al Kabir, vol. 4 pg. 145, Dakkan print; Kitab al Kharaj, pg. 23, Egypt print.

[28] Kitab al Kharaj, pg. 24, Egypt print; Kitab al Amwal, pg. 232, Hadith: 848, Egypt print; Musannaf Ibn Abi Shaybah, vol. 12 pg. 33, book of virtues, the virtues of ‘Umar ibn al Khattab radiya Llahu ‘anhu, Karachi Print.

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