14. JUDGMENT PASSED BY ALLAH’S MESSENGER IN MAKKAH
“Utbah Ibn Abi Waqqas authorized his brother, Sa’d, to take the son of the slave-girl of Zam‘ah into his custody. ‘Utbah said (to him) “he is my son.” When Allah’s Messenger, peace and blessings of Allah be upon him, arrived in Makkah during the Conquest (of Makkah), Sa’d Ibn Abi Waqqas took the son of the slave-girl of Zam‘ah to the Prophet. ‘Abd Ibn Zam‘ah too came along with him. Sa’d said, “This is the son of my brother and the latter has informed me that he is his son.” ‘Abd Ibn Zam‘ah said, “O Allah’s Messenger! This is my brother who is the son of the slave-girl of Zam‘ah and was born on his (i.e. Zam‘ah’s) bed.” Allah’s Messenger looked at the son of the slave-girl of Zam‘ah and noticed that he, of all the people, had the greatest resemblance to ‘Utbah Ibn Abi Waqqas. Allah’s Messenger, peace and blessings of Allah be upon him, then said (to ‘Abd), “He is yours; he is your brother, O ‘Abd Ibn Zam‘ah, he was born on the bed (of your father).” (At the same time) Allah’s Messenger, peace and blessings of Allah be upon him, said (to his wife, Sawdah): “O Sawdah, veil yourself before him (i.e. the son of the slave-girl),” because of the resemblance he noticed between him and ‘Utbah Ibn Abi Waqqas. Allah’s Messenger, peace and blessings of Allah be upon him,added, “The boy is for the bed (i.e. for the owner of the bed where he was born), and stoning is for the adulterer.” Ibn Shihab said: “Abu Hurairah used to say that publicly.”
Al-Bukhari also related that Ibn Shihab said: ‘Urwah Ibn Az-Zubair narrated to me that a lady committed theft during the lifetime of Allah’s Messenger, peace and blessings of Allah be upon him, in the Ghazwah of Al-Fat’h, (i.e. the Conquest of Makkah). Her folk went to Usamah Ibn Zaid to intercede for her (with the Prophet). When Usamah interceded for her with Allah’s Messenger, peace and blessings of Allah be upon him, the color of his face changed and he said: “Do you intercede with me in a matter involving one of the legal punishments prescribed by Allah?” Usamah said: “O Allah’s Messenger! Ask Allah’s Forgiveness for me.” So in the afternoon, Allah’s Messenger, peace and blessings of Allah be upon him, got up and addressed the people. He praised Allah as He deserved and then said: “The nations before you were destroyed because if a noble from among them were to steal, they would excuse him, but if a poor person from among them were to steal, they would apply (Allah’s) legal punishment on him. By Him in Whose Hand is Muhammad’s soul, if Fatimah, the daughter of Muhammad, were to steal, I would cut her hand.” Then Allah’s Messenger, peace and blessings of Allah be upon him, gave his order in the case of that woman and her hand was amputated. Afterward, her repentance proved sincere and she was married. ‘A’ishah (May Allah be pleased with her) said: “That lady used to visit me and I used to convey her demands to Allah’s Messenger, peace and blessings of Allah be upon him.”
It is recorded in Saheeh Muslim from the Hadith of Sabrah Ibn Ma‘bad AlJuhani who said: “Allah’s Messenger ordered us to do Mut‘ah (temporary marriage) in the Year of the Conquest (ofMakkah) when he entered Makkah. Then he prohibited it before he left (Makkah).”In another version, the Messenger of Allah, peace and blessings of Allah be upon him, said: “Beware, it is prohibited from this day (of yours) until the Day of Resurrection.”
I say: the most emphatic prohibition of it occurred in the Battle of Khaibar. It is said that he permitted it twice and prohibited it twice. Ash-Shafi‘i and others prefer this opinion. It is also argued that it was prohibited only once, which was after the Conquest.
It is also said that it was permitted due to necessity. Based on this, once necessity calls for it, then it becomes permissible. This is a reported opinion from Imam Ahmad. Another opinion argues that it was not absolutely prohibited and it is still under
permissibility. This opinion is well-known from Ibn ‘Abbas and some of his companions.
Ibn Jareer related that the people then gathered in Makkah to pledge allegiance to Allah’s Messenger, peace and blessings of Allah be upon him, upon Islam. According to what was related to me, he sat for that purpose on Mount Safa while ‘Umar sat below him and he began to accept from people their oath to listen and obey Allah and His Messenger in whatever way they are able to. When he finished taking the pledge from the men, he then took the pledge from the women. Among them was Hind Bint ‘Utbah who came veiled because of the (evil) that she had perpetrated on Hamzah and therefore fearing that Allah’s Messenger, peace and blessings of Allah be upon him, might apprehend her. When the women moved closer to Allah’s Messenger, peace and blessings of Allah be upon him, to give their pledge, he said (to them): “Do You give me your pledge that you will not associate any partner with Allah?” Hind said: “Would you take from us what you did not take from the men?” The Messenger of Allah, peace and blessings of Allah be upon him, continued: “That you will not steal,” again she interjected: “I took something from the wealth of Abu Sufyan, but I do not know whether that is permissible for us or not.” Abu Sufyan, who was witnessing all that she was saying, said: “As for what you had taken in the past, it is permitted to you.” Allah’s Messenger, peace and blessings of Allah be upon him, asked: “Are you Hind Bint Utbah?” She replied in the affirmative and she entreated: “Overlook what has gone by, may Allah overlook for you (your mistakes).”
The Messenger of Allah, peace and blessings of Allah be upon him, then continued: “That you will not commit adultery.” Again Hind interjected: “O Allah’s Messenger, does a woman born free commit adultery?” The Prophet, peace and blessings of Allah be upon him, continued: “That you will not kill your children.” She said: “We had nurtured them in their infancy, while you and your Companions killed them in adulthood at the Battle of Badr.” At this, ‘Umar Ibn Al-Khattab laughed heartily. Again, Allah’s Messenger, peace and blessings of Allah be upon him, said: “That you shall not peddle slander.” She said: “Peddling rumors is indeed a despicable thing.” He said: “That you shall not
disobey me.” She interjected: “In righteousness.” Allah’s Messenger, peace and blessings of Allah be upon him, said to ‘Umar: “Accept their pledge and seek Allah’s forgiveness for them for He is Oft-Forgiving and Merciful.” ‘Umar took their pledge. Allah’s Messenger, peace and blessings of Allah be upon him, neither shook the hands of women nor did he touch any woman other than the one whom Allah had permitted for him or those who were Dhat Mahram (those close relatives to whom marriage was permanently forbidden for him).
It is recorded in the Saheehain on the authority of ‘A’ishah (May Allah be pleased with her) that: “By Allah, the hand of Allah’s Messenger never touched that of any (strange) woman.” In another version: “He never used to accept their pledge except by word of mouth and he would say: ‘My address to one woman is similar to addressing a hundred women’.”
It is recorded in the Saheehain on the authority of ‘A’ishah (May Allah be pleased with her) that Hind Bint ‘Utbah said: “O Allah’s Messenger! Abu Sufyan is a miser and he does not give me what is sufficient for me and my children. Can I take from his wealth without his knowledge?” The Messenger of Allah, peace and blessings of Allah be upon him, said: “Take what is sufficient for you and your children, and the amount should be just and reasonable.”
On the authority of Ibn ‘Abbas who narrated that Allah’s Messenger, peace and blessings of Allah be upon him, said on the Day of the Conquest of Makkah: “There is no migration (after the Conquest), but (there is still) Jihad and good intentions; when
you are called for Jihad, you should respond to the call immediately.”
Al-Bukhari related on the authority of Majashi’ Ibn Mas‘ood who said: “I took Abu Ma‘bad to the Prophet so that he might give him the pledge of allegiance for migration.” The Prophet, peace and blessings of Allah be upon him, said: “Migration has ended, but I take the pledge from him (i.e. Abu Ma‘bad) for Islam and Jihad.” (The sub-narrator said): “Then I met Abu Ma‘bad and I asked him and he said: ‘Majashi’ has spoken the truth’.” Khalid related the authority of Abu ‘Uthman from Majashi’ that he came with his brother Mujalid.
These Ahadeeth indicate that Hijrah, either in its entirety or absolutely, has ceased after the Conquest of Makkah, because people entered the religion of Allah in throngs, Islam prevailed (and become manifest), and its pillars and beams became well-entrenched so there was no more Hijrah except in a situation which requires migration as a consequence of living in proximity with war-mongers and one does not have the power to openly practice the religion among them. In that situation, migration becomes obligatory from there to Dar Al-Islam (the land of Islam). There is no difference among the scholars on this issue. However, this Hijrah is not similar to the one that occurred before the Conquest. Similarly, Jihad and spending in the path of Allah are both legislated and highly recommended until the Day of Resurrection, but they are not similar to Jihad and spending in the path of Allah before the Conquest of Makkah. Allah says: “Not equal among you are those who spent and fought before the conquering (of Makkah) (with those among you who did so later). Such are higher in degree than those who spent and fought afterwards. But to all, Allah has promised the best (reward).” (Soorah Al-Hadeed 57:10)
Al-Bukhari also related to the authority of Ibn ‘Abbas that ‘Umar used to admit me (into his house) along with the older men who fought in the Battle of Badr. Some of them said (to ‘Umar): “Why do you allow this young man to enter with us, while we have sons of his own age?” ‘Umar said: “Do you know who he is?” One day ‘Umar called them and called me along with them, I had thought he called me on that day to show them something about me (i.e. my knowledge). ‘Umar asked them: “What do you say about (the Soorah): ‘When comes the Help of Allah (to you, O Muhammad against your enemies) and the Conquest (of Makkah), and you see that the people enter Allah’s religion (Islam) in crowds, so glorify the Praises of your Lord, and ask for His Forgiveness. Verily, He is the One Who accepts repentance and forgives. ’” (Soorah An-Nasr 110:1-3)
Some of them replied: “We are ordered to praise Allah, and repent to Him if we are helped and granted victory.” Some said: “We do not know.” Others remained silent. ‘Umar then said to me: “Do you say similarly?” I said: “No.” ‘Umar said: “What do
you say then?” I said: “This Verse indicates the approaching death of Allah’s Messenger, which Allah informed him about. ‘When comes the Help of Allah (to you, O Muhammad against your enemies) and the conquest (of Makkah) ’ that will be the sign of your (Prophet’s) approaching death, ‘So glorify the Praises of your Lord, and ask for His Forgiveness. Verily, He is the One Who accepts repentance and forgives.’ On that, ‘Umar, may Allah be pleased with him, said: “I do not know anything about it other than what you say.”
On the authority of ‘Amr Ibn Salimah who narrated that AbuQilabah said to me: “Shouldn’t you meet him and ask him?” So I met him and asked him and he said: We were at a place which was a thoroughfare for the people, and the caravans used to pass by us and we would ask them: “What is wrong with the people? What is wrong with the people? Who is that man?” They would say, “That man claims that Allah has sent him (as a Messenger), that he has been Divinely inspired, and that Allah has revealed to him such-and-such.” I used to memorize that (Divine) speech, and felt as if it was ingrained in my heart. The ‘Arabs (other than Quraish) delayed their conversion to Islam until the Conquest (of Makkah). They used to say: “Leave him (i.e. Muhammad) and his people Quraish: if he overpowers them then he is a true Prophet.”
So, when Makkah was conquered, every tribe rushed to embrace Islam, and my father hurried to embrace Islam before (the other members of) my tribe. When my father returned (from the Prophet) to his tribe, he said: “By Allah, I have surely come to you from the Prophet.” The Prophet, peace and blessings of Allah be upon him, afterward said to them: “Offer such-and-such prayer at such-and-such time, and when the time for the prayer comes, then appoint someone to pronounce the Adhan (for the prayer), and let someone from among you, who knows the most Qur’an, to lead the prayer.” So they looked for a person and found none who knew more Qur’an than I because of the Qur’anic portions which I would learn from the caravans. They made me their Imam (to lead the prayer) and at that time I was a boy of six or seven years. I would wear a Burdah (i.e. a black square garment) which proved to be very short for me (and my body became partly naked). A lady from the tribe said: “Won’t you cover the backside of your reciter for us?” So they bought (a piece of cloth) and made a shirt for me. I have never been so happy with anything before as I was with that shirt.
By: Ibn Katheer
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