CHAPTER 3 : THOSE WHO WERE DISPUTING – PART 2
The Prophet of Allah, sallallahu ‘alayhi wa sallam, refused any ruling that contradicted Allah’s legislation:
Abu Hurayrah reported that two men complained to the Messenger of Allah, sallallahu ‘alayhi wa sallam. One of them said: “Rule between us with Allah’s Book.”
The other man, who had more understanding and was more knowledgeable, said: “Yes, O Messenger of Allah, rule between us with Allah’s Book, and allow me to speak.” The Messenger of Allah, sallallahu ‘alayhi wa sallam, said: “Speak.” He said: “My son was an employee of this man, and he committed adultery with his wife, so I was told that he must be stoned. After that, I gave one-hundred sheep and a slave girl as a ransom for his sake. Afterwards, I asked the people of knowledge, and they told me that my son is to be lashed one hundred times, and is to be banished for one year, and that his wife must be stoned.” The Messenger of Allah, sallallahu ‘alayhi wa sallam, then said: “By Him in Whose hand is my soul, I will rule between you with Allah’s Book. As for your sheep and slave girl, they are to be given back to you, and your son must be lashed one-hundred times and banished for a year. O Unais, go to the wife of this man, and ask her about this claim. If she admits to it, then stone her.” Unais went and asked her, and she admitted to it. Afterwards, the Messenger of Allah, sallallahu ‘alayhi wa sallam, ordered that she be stoned, and she was. (Reported by Al-Bukhari (2315) and Muslim (1698).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, warned disputing parties from persisting on falsehood:
`Abdullaah ibn `Umar narrated that the Messenger of Allah, sallallahu ‘alayhi wa sallam, said: “Whoever intercedes in a way that obstructs the penalties that Allah has set has opposed Allah, and whoever knowingly falsely disputes will be in under the wrath and displeasure of Allah until they abandon that dispute. Allah will make whoever says something untrue about a believer reside in Radghat Al-Khabaal until he recants.” It was then said: “O Messenger of Allah, what is Radghat Al-Khabaal?” He,
sallallahu ‘alayhi wa sallam, replied: “The corrupt mire, pus and mud of the people of Hellfire.” (Reported by Abu Dawood (3597) and Ibn Majah (3377).)
Although the Prophet of Allah, sallallahu ‘alayhi wa sallam, would judge rightly between differing parties, which would not stop him from trying to make everyone feel pleased:
During the incident of Hudaybiyyah, when Prophet Muhammad, sallallahu ‘alayhi wa sallam, made a treaty between himself and the people of Makkah that he, sallallahu ‘alayhi wa sallam, would enter it the next year for three days, the Prophet of Allah, sallallahu ‘alayhi wa sallam, went the next year to perform `Umrah (minor pilgrimage).
When he, sallallahu ‘alayhi wa sallam, entered Makkah and stayed his due time, the people of Makkah went to `Ali and said: “Tell your companion to leave us, for he has stayed his due time.” At that, the Prophet of Allah, sallallahu ‘alayhi wa sallam, left, and was followed by the daughter of Hamzah who was calling him, “O uncle, O uncle!” (She called him uncle out of respect; otherwise, she is his cousin. It might also be in reference to the fact that although Hamzah was the Prophet’s, sallallahu ‘alayhi wa sallam, uncle by lineage, he was his brother through breastfeeding. Fat-h Al-Baari (7/505).)
`Ali ibn Abu Taalib received her and took her by her hand and said to Faatimah (his wife and the Prophet’s daughter), “Take your uncle’s daughter.” `Ali said: “When we reached Madinah, myself, Ja’far and Zayd ibn Haarithah disputed regarding her.”(Meaning, they disputed as to which of them would be her guardian, for they all wanted the reward being that she was an orphan. Therefore, the dispute was regarding sponsorship. Since she was an orphan, those three wanted to be privileged with sponsoring and spending on her. Sharh `Umdat Al-Ahkaam (65/8) by Ibn Jibreen.)(In the narration of Ibn Sa’d in At-Tabaqat (4/26), it says, “`Ali, Ja’far and Zayd ibn Haarithah disputed with regard to her, until they raised their voices and woke the Prophet of Allah, sallallahu ‘alayhi wa sallam, and he said: ‘Come forth, so that I can judge between you with regards to her.’”)
`Ali continued, “Jafar’s argument was, ‘She is my cousin, and her maternal aunt is my wife.’ Meaning, Asmaa’ bint `Umays; Zayd said: ‘She is my niece,’ and I said: ‘I am the one who took her, and she is my cousin, and I am married to the daughter of the Messenger of Allah, sallallahu ‘alayhi wa sallam, and she is most deserving of caring for her.’ The result was that the Messenger of Allah, sallallahu ‘alayhi wa sallam, ruled that she be given to her maternal aunt(All three had a reason for asking for custody: as for Zayd, it was due to his being her father’s brother, as for `Ali, it was because she was his cousin and he was the one that brought her along with his wife, and as for Ja`far, it was because he was her cousin, and her maternal aunt was his wife. Therefore, Jafar’s argument was heavier, since the man and woman were both closely related to the girl, unlike the others. Fat-h Al-Baari (7/506).), and said: ‘The maternal aunt has the status of the mother.’(Because she is similar to the mother with regards to her compassion, affection and keenness in doing what is best for the child. From this, we learn that the maternal aunt is given precedence over the paternal aunt, for Safiyyah bint `Abd Al-Muttalib was present at that time, and since Asmaa’ ibn `Umais was given precedence over the girl’s paternal aunt, even though she is the closest of women in blood relation, then we learn that the maternal aunt is given precedence over all others. We also learn that the relatives of the mother are given more precedence over the relatives of the father. Fat-h Al-Baari (7/506).)”
Then he, sallallahu ‘alayhi wa sallam, said: “As for you, O Ja`far, you are the most similar to me in appearance and manners; as for you O `Ali, you are from me, and I am from you, and as for you O Zayd, you are our [my] brother and freed slave.”(He, sallallaahu ‘alayhi wa sallam, said: “You are my brother,” meaning in faith, and “freed slave,” because he did free him, and the freed slave is considered a part of the family that freed him. The narration was reported by Al-Bukhari (2700).)
Ibn Hajar said: “Thus, the Prophet of Allah, sallallahu ‘alayhi wa sallam, soothed all their hearts, even if he, sallallahu ‘alayhi wa sallam, ruled in favour of Jafar in the end, but he clarified the reasoning behind this ruling.”(Fat-h Al-Baari (7/507).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, would smile when he heard one of the two disputing parties say something that amazed him:
`Ikrimah (a Companion) reported that Rifaa`ah (another Companion) divorced his wife, and `Abdur-Rahmaan ibn Az-Zubayr Al-Qurathi (a Companion) married her. `A’ishah said: “She came wearing a green Khimaar (head covering) and complained to me regarding her husband, and showed me green bruises on her skin.”
When the Messenger of Allah, sallallahu ‘alayhi wa sallam, came, and the women were defending each other (This statement shows that he objected to this fact, and it was said by `Ikrimah, the narrator of the narration.), `Aa’ishah said: “I have never seen anyone go through what the believers go through; her skin is greener than her clothes.”
`Aa’ishah said: “Then the wife of Rifa’ah Al-Qurathi came to the Messenger of Allah, sallallahu ‘alayhi wa sallam, while I and Abu Bakr were both sitting there. She said: ‘O Messenger of Allah, I was married to Rifaa`ah, and he divorced me, and after my waiting period was over, I married `Abdur-Rahman ibn Az-Zubayr, and O Messenger of Allah, by Allah, he is impotent.”
Khaalid ibn Saeed ibn Al-`Aas (a Companion) was at the door waiting to be given permission to enter, and he said: “O Abu Bakr, do you not hear what this woman is openly saying to the Prophet of Allah, sallallahu ‘alayhi wa sallam?” But the Messenger of Allah, sallallahu ‘alayhi wa sallam, was only smiling. (The scholars said that the reason he was smiling was amazement that she was explicit in that manner, and explicitly mentioned something that women would normally be too shy to mention, either that, or because she really wanted her first husband back, and disliked her second husband. The explanation of An-Nawawi on the book of Muslim (10/4).)
The Messenger of Allah, sallallahu ‘alayhi wa sallam, said to her: “Perhaps you want to go back to Rifa`ah! This is not possible until he [i.e. ‘Abdur-Rahman] consummates the marriage with you.”
Her husband at that time heard of what she said: and that she had gone to the Messenger of Allah, sallallahu ‘alayhi wa sallam, so he went to him with two of his sons from another wife, and said: “By Allah, O Messenger of Allah, she has lied. I pleasure her, but she is disobedient and wants to go back to Rifa`ah.” The Prophet of Allah, sallallahu ‘alayhi wa sallam, said: “Are these your sons?” He replied: “Yes.” He, sallallahu ‘alayhi wa sallam, replied: “You make whatever claim you make, however, they [his sons] resemble him more than a crow resembles a crow [its parent](Meaning, these two boys are his sons and they clearly resemble him just as a child resembles his parent (and then gave the example of the craw). He, sallallahu ‘alayhi wa sallam, was trying to prove to her that the claim of him being impotent is false since he has had children before.).”(Reported by Al-Bukhari (5825) and Muslim (1433).)
The Prophet of Allah, sallallahu ‘alayhi wa sallam, heard both sides of the disputing parties, even if one of them was not Muslim:
Abu Hurayrah said: “A Jew was selling some goods, and was given something for one of his goods that he disliked or did not approve of. He said: ‘No, by He who has chosen Moses over all humanity.’ A man from the Ansaar heard him and struck his face, saying: ‘You have the audacity to say, ‘By He who has chosen Moses over all humanity,’ while the Messenger of Allah, sallallahu ‘alayhi wa sallam, is living among us?’ The Jewish man then went to the Messenger of Allah, sallallahu ‘alayhi wa sallam, and said: ‘O Abu Al-Qaasim, I have protection and a covenant, and so-and-so slapped my face.’ The Messenger of Allah, sallallahu ‘alayhi wa sallam, said: ‘Why did you slap his face?’ He said: ‘O Messenger of Allah, he said: ‘By He who has chosen Moses over humanity, while you are living among us.’
At that, the Messenger of Allah, sallallahu ‘alayhi wa sallam, became so angry that it was visible on his face, then said: ‘Do not differentiate between Allah’s Prophets. The trumpet will be blown, and whoever is in the heavens and in the earth will be struck unconscious, except those whom Allah Wills. Then it will be blown again, and I will be the first to be resurrected, and will find Moses holding fast to Allah’s throne. I would not know if he has been struck unconscious as well and has been awakened before me, or was one of those whom Allah has given an exception to [by not causing them to faint].’”(Reported by Al-Bukhari (2411) and Muslim (2373).)
Conclusion:
Slavery was a common practice in Arabia, and almost all over the world, before the time of Prophet Muhammad, sallallahu ‘alayhi wa sallam. Victorious nations of the time considered the people captured by them in battle as a “commodity”, not as human beings, and used them mercilessly for their own advantage.
Islam encourages people to free the slaves, by declaring the freeing of slaves an act of the highest virtue and an act by which sins are forgiven. The Prophet of Allah, sallallahu ‘alayhi wa sallam, enjoined good treatment of slaves and servants and emphasized that that their basic needs, like food and clothing should be taken care of in a deserving manner.
The Prophet of Allah, sallallahu ‘alayhi wa sallam, warned Muslims that they will be called to account in the Hereafter, if they fail in their duty to be just and merciful to slaves and servants. He, sallallahu ‘alayhi wa sallam, emphasised this to such an extent that it is reported that among the last words spoken by the Prophet of Allah, sallallahu ‘alayhi wa sallam, (at the time of his death) were reminders to observe prayer and to fear Allah with regard to slaves and servants.
This shows the importance that the Prophet of Allah, sallallahu ‘alayhi wa sallam, attached to their rights, he even stressed its significance upon his followers at the time of his departure from this world.
History tells that the entire course of the lives of slaves and servants was transformed, as a result of these teachings, and human dignity was restored to them. Many of them rose to be great scholars and leaders holding high posts of office, who eventually led the way to eradicating slavery completely.
By Muhammad Saalih Al-Munajjid
Comments
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.