'A Booth Like the Booth of Moses...' a Study of an Early Ḥadīth

A booth like the booth of Moses.pdf 150 NOTES ANDCOMMUNICATIONS 'A BOOTH LIKE THE BOOTH OF MOSES...' A STUDY OF AN EARLY HADITH 1 I The chapterabout innovationsin mosquesin al-Turiishi's Kit&b al-ha•wdith 2 wa-'l-bida' contains a remarkabletradition about the building of the mosque of the Prophet in Medina which deserves special attention. This tradition, not includedin the orthodoxcollectionsof hadith,is of considerable importance: it seems to belong to a large body of early traditions omitted by later collectors of and it may throw some light on an attitude of the Prophet which had•ith, was later ignored by Muslim scholars. This tradition may help us to understand the views and opinions of the early Muslimscholars. The hadith referredto is told anonymously and runs as follows: 'Abu'lDarda' and Ubayy b. Ka'b measured the mosque; they came afterwards to the Prophet with the rod of the cubit. The Prophet then said: " Nay, a booth like the booth of Moses: thumdm and wood, because the affair wathumdm"n (will happen) sooner than that (bal 'arish""ka-'arWish' M•sd min dkilika a),," The hadithis obscureand abstruse '. a'jal" khashabunfa-'l-amr* and the editor, Muhammadal-Talibi,remarksthat he could not find this story in the collections of traditions about the building of the mosque in Medina, or about the building of the three mosques, nor in the Nihdya of Ibn al-Athir ; he could not find anything which may elucidate the text in the collections of of the biographiesof the Companions the Prophet,nor in the stories about the life of Moses.4 This tradition is, however, given in al-Suyfiti's al-Jdmi' al-saghir" in two versions: (a) a version which contains only a part of the tradition, and (b) a version in which the tradition is reportedin full; both versions contain some slight deviations from the text of al-Turtilshi. The two versions of al-Suyiiti were copied by al-Nabhini in his book al-Fath al-kabir.* The secondpart of the traditionis found in quite a differentcontext, without being connected with the building of the mosque in Medinaor with that of any mosque at all. It is reportedby al-Tirmidhi in the Bdb qisar al-ama2and by 1 Professor R. B. Serjeant kindly agreed to read this article in typescript and has added a few valuable notes, the contents of which are given below. The author wishes to express sincere thanks for the interest Professor Serjeant has shown and for his comments. 2 Abfi Bakr Mubammad b. al-Walid al-Turtfishi, Kitdb al-hatmidith wa-'l-bida', ed. Mubammad al-Tilibi, Tunis, 1959, pp. 93-9. 3 Professor Serjeant remarks that he has often seen roofs built in such a way in South Arabia. These would be He writes (in a letter): ' Khashab would be beams, perhaps palm-trunks. On top of this would be added some wet covered with smaller branches, and then with thum•m. is better tUnand tibn, clay mixed with chopped straw, and this would form the roof. Khushaybdt than khashab because it would mean presumably little branches'. ' P. 94, n. 6. 5 II, 58, 'arsh ka-'arsh Misd ; 59, 'arish ka-'arish Misd thumam wa-khushaybat wa-'l-amr a'jal min dhdlika. c I, 226, 228. 204, ed. Cairo, A.H. 1353. 7Ix, NOTES ANDCOMMUNICATIONS 151 1; Ibn Mija in the &Bbal-bind'wa-'l-khardb Abi! Di'fid quotes the tradition in the Kitib al-adab,in Bdb m The tradition,told on the authority jal'aft'l-bind'., of al-A'mash,runs, in the reportof al-Tirmidhi,as follows : ' 'Abdullahb. 'Amr said: The Messengerof God passed by us when we were busy (repairing)a hut of ours and asked us : "What is this ? " We answered: "It threatened to fall, thereforewe repairit ". The Prophetsaid: "I think the affairwill outstrip that" '. In the collections of Ibn Mija and of Abil Di'id the tradition is also reported on the authority of al-A'mash, but there are some differencesin the formulation of the statement of the Prophet : Md ard al-amr ill a'jal min dhalika, and al-amr asra' min dhdlika. This saying of the Prophet is thus the same as that reportedin the second part of our tradition. There is, however, a differenceof meaning between the saying as quoted by al-Turtfishiand the same saying as reportedby Ibn Mija, AbfitDi'tid, and al-Tirmidhi. The keyword for the understanding of the two traditions is the word amr 'affair'. This word must be interpretedin the tradition of al-Tirmidhi,Ibn Mija, and Abfi Di'fid as meaning 'death '. This is actually the interpretationgiven by Muhammadb. 'Abd al-Hidi al-Hanafi al-Sindiin his commentaryon Ibn Maja. In the same way we can also explain the saying of al-Hasan who, when asked min dMika.4 The meaning of why he did not wash his shirt, said: al-amrawra' the tradition would be: there is no need to repair (or to plaster a wall with Di'id) even huts; death will outstrip clay, as in one of the versions of AbAi your efforts. This saying is in harmony with other statements of the Prophet and his utterances in the Bab gi.r al-amal (e.g. '. .. Be in this world like a wayfarer . . . Ibn 'Umar said: getting up do not hope for the evening . . .') and in the Bdb al-bind'wa-'l-kkarab ... Every expense of the believer will be (' rewardedexcept the expense of building...). The meaning 'death' can, however, hardly apply to the word amr in the tradition of al-Turtfish. The Prophet can hardly be assumed to have told Abu'l-Dardi' and Ubayy not to build mosquesbecause death (i.e. his or theirs) would outstrip the completion of the building; the Prophet's death or that of the builders can hardly be a reason for an injunction to build the mosque in a provisionalway, like the booth of Moses, for the mosque could well serve tradition the believers even after their death. The meaning of al-Turt.ishi's seems thus to be quite different: amr denotes here an affair which will put an end to life in general; it will put an end to worship as well. It means in this 1 r, 540, ed. Cairo, A.H. 1349. Sp, 347, ed. Cairo, A.H. 1348. SIn a modern text from al-Shibr : idha jwr amr AllAh 'ald [ful&n] "if so and so dies". I am translating this phrase as " God's command ". The context is that if a isherman dies, i.e. God's command comes to him, yet his family will continue to receive his share in the fishing -crew'searnings till the end of the fishing season' (R. B. Serjeant). 4 Ibn al-'Arabi, Mubdwrt at-abrar,i, 198. 5 This tradition was emended; the clause added states, 'except the expenses of building mosques '. These expenses will, of course, be rewarded. See a-IIkisdb, 79. Cf. Musaad al: ' Ibn 'AbbAs: the Prophet said : He who builds a mosque for Allah even like p. Tiayshsi, 341 a sand a hollow (dug by) grouse (for laying eggs), Allah will build for him a house in Paradise'. 152 NOTES AND COMMUNICATIONS context destruction,disaster, calamity in which everything will perish. In this tradition of al-Turtiishiamris identicalin meaningwith al-sd'a,the time of total calamity which will be followed by the resurrection. The Prophet said to Abu'l-Dard' : 'The amr, the Day of Judgment, may be sooner than that', for he believed that the s&'a was at hand; there was no need, therefore,to erect not even for mosques. A remarkabletradition quoted by sumptuousbuildings, al-Bayhaqi on the authority of Ibn 'Abbis may be mentioned to strengthen this point. 'The Prophet said: I have not been orderedto build the mosque This meaning of amr as sumptuously (md umirtu bi-tashyid al-masjid)'. identical with al-sd'a can already be detected in the Qur'an, xvi, 1; this is also the explanation given there by the commentators.2 The fact that the Prophetwas overpowered the feeling of the approaching by Day of Judgment, which was duly stressed by Buhl3 and T. Andrae,4may be illustrated by a tradition comprehensively explained by al-Sharif al-Raai.5 'The Prophet said : I was sent at the breath of the Day of Judgment; the Day almost outstripped me' (bu'ithtu nasam al-s&'a,in k4dat la-tasbiquni ft min al-thaqila]). Another version of this tradition [the in here is mukhaffafa is also mentioned by the author; it has nafas instead of nasam. The first version is explained as denoting beginning, and should therefore be literally translated: 'I was sent at the first blowing of the wind of the s&'a'; the meaningis derivedfromthe idea of a breath of wind at the beginningof-theday. The second version, nafas, is said to be derived from the idea of delay, pause. Thus the tradition can be interpretedin two differentways: (a) the Prophet was sent at a time when the Day of Judgment was just about to begin; (b)the Prophet was sent at a time when the Day of Judgment was almost at hand; Allah postponed it for a while, and during this pause the Prophet was sent. A similar tradition is quoted by al-Tirmidhi and by Ibn the mosque of the It is obvious why this tradition about the building ofH.ibban.7 Prophet as quoted in the book of al-Turt•ishiwas omitted by Muslimscholars. The Day of Judgment did not come in the days of the Prophet and there was no reason to quote a tradition which stated clearly that the Prophet believed that the sd'a would happen in his own lifetime. II We can, fortunately, trace the first part of the tradition in other sources. It served as an argumentfor scholarswho claimedthat mosquesshould be built in an austere and modest style, like the mosque of the Prophet. Thus we have Kitib al-sunan al-kubra, II, 439. Ibn Qutayba, al-Qurtayn, 1, 242, ed. Cairo, A.H. 1355; of. P. Casanova, Mohammed et la fin du monde, 15. 3 Das Leben Muhammeds, 145, 157. * Mohammed, 43. 5 Casanova, op. cit., 18 (1), 20, 57. al-Majazat al-nabawiyya, p. 36 ; of.cL 6 Bab al-fitan, xx, 60. 7 1, 9. 2 I NOTES AND COMMUNICATIONS 153 the following tradition, told on the authority of Salim b. 'Atiyya : 'The Prophet said: A booth like the booth of Moses'. The explanation given says: 'He did not like arches 1 about the mosques' (ya'ni annahu kana yakrahu al-taqfi hawdli al-masdjid).2 A slightly different interpretation is The circumstances given to this traditionin Kitdbal-wara'of Ahmadb. H.anbal.3 are also different. in which this saying was uttered according to Ibn H.anbal People asked the Prophet to adorn the walls of the mosque (an yukahhila al-masjid), and the Prophet said: 'No, a booth like the booth of Moses'. The compiler, Ahmad b. explains: 'It is a varnish like antimony H.anbal, (kuhl); the Prophet did not allow it'. Quite a differentversion of this tradition is given in an early treatise compiled by Muhammadb. Hasan al-Shaybani (died A.H.189), summarizedby his pupil Muhammadb. Sama'a (died A.H. 233), in his book al-Iktisib fi al-rizq 'People offered the Prophet to pull down his mosque and to al-mustat.b: The Prophet answered: No, a booth like the booth of Moses'.4 build it anew. The tradition is also quoted in the book of Nasr b. Muzdhim,Waq'atSiffin.5 It is quoted there on the authority of : ' When the Prophet intended al-H.asan to build his mosquehe said: Build for me a booth like the booth of Moses'. In the sources quoted above the expression about the dry branches and thumnmis missing; the second part of the tradition, about the amr which will outstrip the effort of the builders,has been cut off. III The whole tradition of al-Turtfishi is found in the Tabaqdtof Ibn Sa'd (1, 2, p. 2; in the edition of Cairo, A.H. 1358, vol. II, p. 5). The Prophet, says the tradition of Ibn Sa'd, covered the mosque with palm branches. He was asked: Why not cover with a ceiling ? The Prophet answered: 'A booth 1 The word 'arch' is used here to translate Arabic ftq. According to Professor Serjeant or taqa is in South Arabian usage a window, an aperture (letter dated 20 August 1960), '.t&q (especially in a technical sense, to a tomb), a niche in a wall for holding a lamp or something of the kind. Such a niche in my experience is usually made in a clay wall and may be topped by a round arch or pointed arch (in clay), or it could simply have a wooden top on the post and lintel These features of building, mentioned by Professor Serjeant, did not exist in the principle'. mosque of the Prophet, and orthodox circles were opposed to them. It was 'Umar b. 'Abd al-'Aziz who was the first to build the mibrab in the form of a niche when he rebuilt the mosque in Medina by order of al-Walid (details about this innovation, Creswell, A short account of early Muslim architecture, 44). The tq al-imAm in the traditions quoted by al-Turtishi seems thus to be identical with the mikrab (cf., eg., p. 94, fa-min dhalika al-maharib... fa-taqaddama al-Hasan wa-tazala al-taq an yusalliya fihi . . . wa-kariha al-salat fi tdq al-imAm al-Nakha'i .. .). The fundamental sense of mibrab, as elucidated by Professor Serjeant, was in fact columns and a space it was introduced between them. Mi4rdb in the form of an arched niche was an innovation; at the end of the seventh century and was fiercely opposed by the orthodox. Tdq as mihrab was considered as bid'a. 2 Al-Bayhaqi, al-Sunan, ii, 439. 3 Ed. Cairo, A.H. 1340, p. 107 ; compiled by Abdi Bakr Ahmad b. Muhammad al-Marwazi. 4 P. 78 - Ed. Beirut, p. 238. Also 'Umdat al-akhbdr, p. 81. Cf. Ibn Qayyim al-Jauziyya, ZCd al-ma'ad, 1i, 146. VOL. XXV. PART 1. 13 154 NOTES AND COMMUNICATIONS like the booth of Moses, wood pieces and thumam; the affair (will happen) sooner than that '.' The same tradition, told on the authority of Shahrb. Haushab2and quoted in the Sira Halabiyya,3 contains a few interesting additions: 'When the Prophet wanted to build the mosque he said: " Build for me a booth like the booth of Moses, thumdmdt and dry branches and a covering like the covering of Moses, and the affair (will happen) sooner than that ". He was asked: "What is a covering of Moses ? " and he answered: "When he stood up his head touched the ceiling"'. This very tradition is quoted by Ahmad b. 'Abd al-Hamidal-'Abbisi in his' Umdatal-akhbdrfimadinatal-mukhttr4; the source given is the collection of Razin.5 Anotherversion of this tradition, in a slightly differentform, is given by the 'Umdatal-akhbdr the Sira Halabiyya: 'When the Prophet wanted to build and the mosque he was told [the Sira Halabiyya comments: Gabriel told him]: " A booth like the booth of Moses, thy brother ". Anas said : Thus the Prophet built it the first time from palm-branches; four years after the hijra he built the mosque from bricks '.6 A tradition quoted in both books mentions a different situation upon which the saying was uttered. Rain used to drip into the mosque. Since the covering contained little clay, the mosque was filled with muddy water. The believers then came to the Prophet and asked him to give an order that the ceiling be plastered with clay, in order to prevent the rain from drippinginto the mosque. The Prophet answered: 'No, a booth like the booth of Moses'. The mosque was left in this state until the death of the Prophet.7 In conclusion we may assume that the tradition quoted by al-Turtfishi was already widely spread in the circles of Muslim scholarsat the beginning of the third century of the hijra, or even at the end of the second century. Quoted from Ibn Sa'd in Nuwayri, Nihlyat al-arab, xvi, 345. See his biography, Tahdhib al-tahdhib, Iv, 369. 3 Ed. Cairo, A.H. 1320, n, 71; Sirat DahlAn (on margin of Halabiyya), I, 357. 4 Ed. As'ad Taribziini, p. 80. According to a tradition mentioned in the Sfrat al-Dimy4tT, quoted in the Halabiyya (loc. cit.), the explanation of the booth of Moses is given by al-Hasan, who reported the tradition. 5 Razin b. Mu'iwiya b. 'Ammir al-'AbdAri (d. 535/1140), cf. Brockelmann, GAL, Suppl., I, 630. 6 The saying of Anas is not mentioned in the Halabiyya. Libn, here translated 'bricks', means, as Professor Serjeant points out, fundamentally clay bricks, but one may assume fairly safely that in a hastily constructed building they would be of unbaked clay, cf. Landberg, Gloss. dat., in, Leiden, 1942, 2611 [reference supplied by Professor Serjeant, who also refers to the terms zjur and libn in RSO, xxvInI, 1953, 8, and madra and lubna in Le Muswon, LXII, 1-2, 1949, 160]. In the sources relating to our tradition there is, however, a controversy over the question of these bricks and their form. Some support for taking libn to mean unbaked clay bricks in this tradition may be adduced from the following tradition about the mosque built in Bawra by Abii Mils al-Ash'ari : wa-band Abj Mi~a al-Ash'ari al-masjid wa-ddr al-imara bi-libn wa-tin wa-saqqafaha bi-'l-'ushb (al-Balidhuri, Futii4, ed. Cairo, A.H. 1319, p. 355)-he built it from clay bricks and clay and covered it with brushwood [using this word for 'ushb at Professor Serjeant's suggestion]. 2 1 7 'Umdatal-akhbar,81 ; al-Halabiyya,loc. cit. NOTES AND COMMUNICATIONS 155 That is evident from the quotation in the Tabaqdtof Ibn Sa'd. The mosque of the Prophet was in fact built in a very simple, even primitive, way,1 and resembled a booth." The saying of the Prophet about the Day of Judgment seems to reflect truly his feeling in the first period of his stay in Medina. The comparison with the booth of Moses in this period is not surprising: his relations with the Jews in Medina were not yet hostile. This tradition seems thus to belong to an early layer of hadithof considerableimportance. M. J. KISTER THE TURKISH VERSES OF QASIM AL-ANVAR (PLATE I) In the preface to his edition of the Kulliydt i Qdsimi Anvr 3 (printed at Tehran, 1337/1958-9, p. 112) Professor Sa'id Nafisi alludes to the difficulty he has encounteredin establishing the text of four of the poems (pp. 406-8) which the Persian poet wrote, playfully as it seems, either completely or partly in Turkish. Although the editor had ten manuscriptsat his disposal, he has to admit himself (in a footnote on p. 406) that the Turkish of the four poems in their present form is largely incomprehensible. He consoles his readerson this point with the promise of an improved edition of the Kulliydt, proposed for some future date. With the aid of the nine manuscripts available to me in this country, of which one is outstanding, the text can be considerably improved. These manuscriptsare: British Museum Ff. 157v; 210v-211r. Dated 857/1453-4 (A) Or. 3304 (Rieu, Supplement, 183) p. Ff. 155r ; 210r. A manuscriptof 268 ff., dated (B) Or. 11363 861/1456-7, which was acquiredin 1933. The copyist's name is 'Abdullahal-Isfahani Ff. 138v; 180r. Dated 877/1472-3 (Rieu, (C) Or. 2501 Supplement,p. 184) Ff. 149r ; 204r-204v. Fifteenth century(Rieu, (D) Add. 18874 I1,p. 636) 1 See Ibn Sa'd, loc. cit.; Yiqit, Bulddn, s.v. Yathrib; EI, s.v. 'MasdWjid' (Pedersen); 2-11, 25. Creswell, Early Mwslim architecture, s2 cf. Tha'lab's explanation of the verse of al-A'shi (Dfiwn, ed. Geiger, xxix, 4). It was a construction of trunks covered with dry branches, where people used to seek shelter from the heat. Cf. Abil Dharr'scommentary,ed. Bronnle, p. 424, and cf. the verse of Mutawakkilal-Laythi, Aghdni, xx, 38. 3 On the poet (757-837/1356-1433-4) see Browne, LHP, m, 473-86; F. Kopruili in his article Anatolu'da Isladmiyet (Dir fil-Flinlin Edebiyst Fakiiltesi Mejmfi'asl (Istanbul), Year 2, No. 6, 1339/1923, 467-8) gives a valuable summary of the sources on Qisim al-Anvir. His promise of a monographon the life and works of the poet has so far remained unfulfilled.

Some Reports Concerning Al-Tāʾif

taif_reports.pdf SOME REPORTS CONCERNING AL-TA'IF In memory of Yuval Taglicht The battle of Hunayn (8H/630), in which the Muslim troops defeated the joint forces of the Hawazin and Thaqif, heralded the submission of al-Ta'if. The expedition of the Prophet against al-Ta'if is reflected in a peculiar utterance attributed to him: "God's Iast tread was at Wajj (. .. wa-inna akhira wa(atin wati'aha llahu bi-wajj; in another version: inna iikhira wa(atin /i-lliihi yaumu wajj)l and interpreted as referring to the Iast campaign of the Prophet (aided by God's power, indicated by the word "wa(a" - K) against the unbelievers. The conversion of al-Ta'if to Islam marked in fact the Iast victorious stage of the Prophet's struggle for control over the three important cities in the Arabian peninsula: Mecca, Medina and al-Ta'if. The reports about the negotiations between the Prophet and the deputation of Thaqif (in 9 H), and the concessions and privileges granted by him to Thaqlf, are divergent and even contradictory. By surveying these traditions it is possible to elucidate some points of the negotiated conditions, which shed light on certain essential details of the concessions granted. A report on the administrative and military steps taken by Mu'awiya with regard to al-Ta'if may expose the changes in the structure of the popUlation of al-Ta'if in that period. According to the most widely quoted traditions/ the Prophet rejected all the requests submitted to him by the delegation of Thaqif, including the permission to profit from financial transactions based on usury, pennission to have inter1 AI-BakrI, Mu'iam mli sta'iam, ed. Mu~tafa I-Saqa., Cairo, 1368/1949, p. 1369; YaqOt, Mu'iam al-buldlin, Beirut, 1376/1957, V, 361; Ibn al-Athfr, al-Nihiiya ft gharlbi I-I}adrthi wa-I-athar, ed. al-TanaJ:tr, Cairo, 1385/1965, V, 200; al-Zamakhsharr, al-Fo'ig, cd. MuJ:tammad Abo I-Faql IbrahIm, 'Air MuJ:tammad aI-Bija.wI, Cairo, 1971, I, 185; NOr aI-DIn aI-HaythamI, Maima' al-zawii'id, Beirut, 1967, X, 54; L'A, s.v. w ~ 'a, w j j; P.H. Lammens, La ate Arabe de '[ii'ifa/a Veillede/,Hegire, Bcyrouth, 1922,p. 28. 2 See Ibn Hisham, al-Srra al-nabawiyya, ed. al-Saqa, al AbyarI, Shalabr, Cairo, 1355/1936, IV, 182-7; al-Waqidf, al-Maghiizr, cd. Marsden Jones, Oxford, 1966, III, 960-73; Ibn Sa'd, Tabaqlit, Beirut, 1380/1960, I, 31Z-13; al-Tabarr, Ta'rrkh al-umam wa-I-mulak, Cairo, 1357/ course with prostitutes (during their journeys), perrmssion to drink wine and, finally, the concession to worship al-Lat (al-Rabba) for a period; all these demands were refused by the Prophet, save the concession that the idol of al-Lat be destroyed not by themselves but by others. Watt, in scrutinizing the negotiations of the delegation with the Prophet, notices that there is no mention of anyone being commissioned to collect any contribution or tax from Thaqif; he remarks that "this might be a reason for the disappearance of the text of the treaty with aI-Ta'if.,,3 Some fifty years earlier Buhl, pointing out that the Prophet granted to Thaqif as a privilege recognition of their valley, Wajj, as haram." had suggested that he might have granted them additional concessions, not mentioned in the traditions." This line was followed by Sperber in his study of the Ietters of the Prophet. 6 As a matter of fact there are reports which attribute to the Prophet far-reaching concessions granted to Thaqif. According to one of them Thaqif embraced Islam on condition that their people would be free from paying the sadaqa and 1939, II, 364-6; al-Kala'i", al-Iktifii' jT maghdz i rasiili lliihi wa-l-thaldthati l-khulafd, ed. Mustafa 'Abd al-Wahid , Cairo, 1389/1970, II, 398--408; Ibn Kath Ir , al-Bidaya wa-l-nihaya, Beirut al-Riyad, 1966, V, 29~34; Ibn Sayyid al-Nas, 'Uytm al-athar ft funtm al-maghazt wa-l-shama' il wa-l-siyar, Cairo, 1356, 11,228-31; al-Maqrtz i, Imta' al-asma' bi-ma Ii-l-rasuii min al-anba"i wal-amwati wa-I-hafadati wa-l-mata', ed. Mahrntd Muhammad Shakir, Cairo, 1941, 1,4914; ,,1Zurqanr, Sharh al-mawahib al-laduniy ya, Cairo 1327, IV,6~10; Ibn al-Athrr, al-Kamil ft l-ta'rtkh, ed , 'Abd al-Wahhab al-Najjar , Cairo, 1349, 11,1934; 'Atr b. Burhan aI-DIn al-Halabr, Insan al- 'uyun ft strati l-amtni l-ma'mun i=al-Stra .al-halabiyyai, Cairo, n.d., III, 243-6; Ibn 'Abd al-Barr, al-Durar ft khtisari l-maghazt wa-l-siyar, ed. Shauqi Dayf, Cairo, 1386/1966, pp. 262-5; Dahlan,, Cairo, B10, II, 145 inf.-147; al-Diyarbakrr, Ta'rfkh al-khamts fl ahwal anfas nafts, Cairo, 1238, II, 134 inf.-138 1.1; Ibn Hazrn, Jawami' al-stra, ed. Ihsan 'Abbas, Nasir aI-DIn al-Asad , Cairo, n.d., pp. 255-8; Ibn Qayyim al-Jauziyya, Zad al-ma'ad, Beirut, n.d., II, 197-9, III, 26-9; Ibn AbI Shayba, al-Musanna], ed. 'Abd al-Khaliq alAtghant , Hyderabad, 1388/1968, III, 197; al-Baladhurt , Futuh al-buldan, ed. 'Abdallah and 'Umar al-Tabba', Beirut, 1377/1958, p. 75. . W. Montgomery Watt, Muhammad at Medina, Oxford, 1956, p. 104. See on tahrtm wajj: aI-FakihI, Ta'rtkh Makka, Ms. Leiden Or. 463, fol. 539b; Ibn Sa'd , op. cit., 1,.284-5; Muhibb al-Drn al-Tabart , al-Qira li-qasidi ummi l-qura, ed. Mustafa l-Saqa, Cairo, 1390/1970, p. 666 (see the remarks of the author about the nature of tahrtm: whether it was merely given the status of a hima, or whether the privilege was later annulled); alSamhtd i, Wafii'u l-wafa bi-akhbari dari l-mustafa, cd, Muhammad Muhy i l-Drn 'Abd al-Hamrd, Cairo. 1374/1955, p. 1036; Abo 'Ubayd , al-Amwal. cd. Muhammad Hamid al-Fiqt , Cairo, 1353, p. 193, no. 507, L'A, s, v. w j j; al-Zurqant, op. cit., IV, 10 (discussing contradictory opinions of scholars about the status of Wajj); al-Shaukant, Nayl al-autar, Cairo, 1372/1953, V, 39~40 (see the discussion about the validity of the tradition and the position ofWajj); Ibn Zanjawayh, Kitab al-amwal, Ms. Burdur 183, fol. 68a; al-DiyarbakrI, op. cit., II, 110, 11.2-6; al-Maqrrzr, op. cit., L 493; AmIn Mahrntd Khattab, Fath al-malik al-ma'btd, TakmiZat al-manhal al-tadhb al-maund, Cairo, 1394/1974, II, 231-3; Muhammad Hamtdullah, Majmu'at 'al-watha'iq alsiyasiyya, Cairo, 1376/1956, no. 182; Shakrb Arslan, al-Irt;samat al-litaf ft khatiri I-lJajji i/a aqdasi mataf , cd. Muhammad RashId Rida, Cairo, 1350, p. 135 (see the quotation from Ibn Fahds Tuhfat at-lata 'if ft [ada 'ili l-habri bni 1-'abbasi wa-wajjin wa-l-ta'if). 5 F. Buhl, Das Leben Muhammeds, trans!. H.H. Schaeder, Heidelberg, 1955 (repr.), p. 332. 6 J. Sperber, "Die Schreiben Mohammeds an die Stamrnc Arabiens",MSOS 19 (1916), 71-2. 3 4 2 Some reports concerning al-Ta 'if exempted from obligatory participation in the expeditions of jihad. The Prophet then noted that in the future they would pay the poor tax, the sadaqa, and participate in the holy war (jihad).7 It is evident that, according to this version of the tradition, the Prophet freed Thaqif from the poor tax and from participation in war expeditions. The version which contains the final restrictive clause (idha aslamiu is, however, interpreted in a different way: the convert is granted a respite from the obligation till a prescribed time or within specific circumstances. In this case Thaqif would be obliged to pay the sadaqa, the poor tax, when the fixed time came and to participate in jihad whenever announced.' It can thus be deduced, according to this interpretation, that the Prophet merely postponed for Thaqif the fulfillment of some obligations. The exemption of Thaqif from paying the poor tax (~adaqa) and jihad is plainly reported in a haditti in which the Prophet conceded payment of the tithe (,ushr) as well as conscription (lakum an la tuhsharii wa-lii tu 'shariiy; their third demand, not to perform prostration in prayer (an la yujabbiiy was refused by the Prophet, on the grounds that faith without prostration was devoid of good." The two concessions of 'ushr and hashr are in fact included in the official epistle issued by the Prophet for Thaqif as recorded by Abu 'Ubayd.! 0 The request of the deputation to exempt Thaqif from prayer deserves particular attention. When the Prophet refused this demand he is said to have remarked: "A faith without prayer is devoid of good" (la khayra fi dlnin Iii saliita fihi);1 1 the deputation, in accepting the Prophet's decision, said: "We grant you that even 7 Ibn Rajab, Jami' al-tulum wa-l-hikam, ed. Muhammad al-Ahmadr Abu I-NUr, Cairo, 1389/ 1969, I, 180 inf.: ... wa-anna rastda l/ahi salla llahu 'alayhi wa-sallama qala: sa-yassaddaquna wa-yujahiduna (quoted from Ahmad b. Hanbals Musnad); Abu Dawud , Sunan, Cairo, 1348, II, 42; Ibn Katht r, al-Bidaya, V, 30 (In both sources the utterance of the Prophet ends with an additional clause: idha aslamu. They will pay the sadaqa and take part in the expeditions of the holy war "when they will embrace Islam "); al-Suyutr, al-Khasa'is al-kubra, ed. Muhammad Khalrl Haras, Cairo, 1386/1967. II, 145; Ibn al-Ath Ir , al-Nihaya L 238, records a different version of the tradition. It was Jabir who explained the reason for the Prophet's dispensation: "he knew that they would fight and pay the sadaqa when they convert." • See Ibn al-Atht r, al-Nihaya L 238, ll. 5-6: "... wa-lam yurakhkhis lahum ft tarki l-salati Ii-anna waqtaha hadirun mutakarrirun bi-khilafi waqti l-zakati wa-l-jihadi.' . 9 Abu Dawud , op. cit., II, 42: ... wa-la khayra ]t dtnin laysa fthi ruku'un; Ibn Kath Ir , alBidaya, V. 30; Ahmad b. Hanbal. Musnad, Bwaq, 1313, IV, 218 (with an additional request of the delegation: that the governor of al-Ta'if would be appointed from among themselves; this was granted by the Prophet). 10 AbO 'Ubayd , al-A m wal, pp. 190-3. no. 506. (The crucial expression Iii yuhsharuna is glossed by Abo 'Ubayd: tu'khadhu minhum sadaqatu l-mawash t bi-afniyatihim, ya'tthimu l-musaddiqu huniika, wa-la ya'muruhum an yajlibuha ilayhi. But L 'A s. v. J:1 sh r, referring to the conditions of the deputation of Thaqrf, explains /a yuhsharuna: ay Iii yundabuna ila l-maghaz t wa-la tudrabu 'alayhimu l-bu'uthu. L 'A also mentions the interpretation as recorded by AbU 'Ubayd, Both these explanations are recorded by Ibn al-Athrr in his Nihaya, s. v, J:! sh r; and see Ibn Zanjawayh, op. cit., fol. 67a; Muhammad Harnrdullah, op. cit., no. 181; cf. Abu 'Ubayd, Ghart bu l-hadt th, Hyderabad , 1385/1966, III, 197 ult.- 198. It See e.g. at-waqtcr. op. cit.,~. 968. 3 though it be humiliation" ifa-qali: sa-nu'tikahii wa-in kiinat dana'atani+? The expression dana 'a, baseness, or humiliation, seems at first blush somewhat odd in this context. However, its connotation may become apparent from additional reports. The requests of the deputation are recorded in several commentaries to the Qur'an (SUra XVII, 75): "Indeed they were near to seducing thee from that We revealed to thee ... " Al-Khazln v' and al-Baghawi !" record a tradition according to which the deputation asked the Prophet to grant them the following concessions: not to bend (or prostrate) in prayer; not to destroy their idols by themselves; and to be allowed to keep al-Lat for a period of a year, on condition that the goddess would not be worshipped (by them). The Prophet conceded that other people should pull down their idol, but refused to allow its demolition to be delayed; concerning prostration in prayer he remarked: "A faith in which there is no prostration is devoid of good" (fa khayra fi dinin fa rukii'a fihi).1 5 It is thus clear that the deputation did not seek exemption from prayer, but from prostration. According to Arab concepts of honor prostration was deemed demeaning. This is well reflected in the reply of Abu Talib, when invited by the Prophet to join him in prayer: "I know that you are on the right path, but I do not like to prostrate so that my hindquarter is higher than (the rest of) me" (. .. wa-lakinni akrahu an asjuda [a-ta'luwani stl).16 It is indeed instructive to find that Musaylima, when praying in front of Arabs, ordered them to perform the prayer upright, in the manner of noblemen. 17 The opinion of the other false prophet, Tulayha, about prostrations was also unfavourable and he forbade his followers to prostrate in prayer. 1 3 The idea regarding prostration as humiliating, in the Arab society of the Jahiliyya, is clearly reflected in Ibn 'Arabi's commentary to the Qur'an.' 9 The economic factor behind the request to preserve their idol, though com- * See e.g. Ibn Kathrr. al-Bidiiya, V, 30. Al-Khazin, Tafsir (= Lubab al-ta'wtl ft ma'ant I-tanzt Iv, Cairo, 1381, IV, 140 (the text here: III nahnt ft l-salat , with the gloss: ay: Iii nanhant i. 14 Al-Baghawi, Tafsir (= Ma'alim al-tanz tl) on margin of al-Khazins Tafstr , IV, 140 (with the reading la nanhani ft l-salat): and see Ibn al-Ath tr. al-Nihaya . I, 237 ult.- 238: L'A S.v. j b a (quoted from Ibn al-Ath Ir). 15 See this version as variant: 'All b. Burhan al-Dt n.on. cit .. lII. 245,1. 3; DaJ:1lan,op. cit., II. 147: Ibn Katht r. al-Bidaya, V, 30. 16 AI-KhaFb al-Baghdadr, Ta'rikh Baghdad. Cairo. 1349/1931, II. 274. 17 Nashwan , MulUk himyar wa-aqyal al-yaman, cd. 'Ali al-Muayy ad , IsmaIl al-Jaraft , Cairo, 1378, p. 176: ..• wa-kana musaylimatu idha salla bi-I· 'arabi qala: rna yurt du llahu bitauliyati adbarikum wa-sujudikum 'ala jibahikum. sallu li-llahi aiviiman. kiriiman. r e Ibn al-Ath Ir , at Kamil ft l-ta'rikh, 11.232: ... wa-kana ya'muruhum bi-tarki l-sujudi fT l-salati, y aqulu: inna llaha III yasna'u bi-ta'affuri wujidtikum wa-taqabbuhi (?) adbiirikum shay 'an. 1. See e.g. Ibn 'Arabt , Ahkam al-Qur'an, cd. 'Air Muhammad al-Bijawt, Cairo. 1387/1967, I, 21: ... wa-qad kana l-ruku 'u athqala shay 'in 'ala l-qaumi fi l-jahiliyyati, balta qala ba'du man aslama li-l-nabiyyi [s}: 'ala a/Ill akhirra ilia qa'iman, fa-min ta'awwulihi: 'ala atta arka'a. 12 13 4 Some reports concerning al- To 'if mitting themselves to eschew its worship, is given in a commentary to the Qur'an: Thaqif would indeed refrain during the year from worshipping their idol, but other people would come to worship it and bring offerings which will form part of the revenue of Thaqlf.2 0 Some of the traditions relate a remarkable story about the intervention of 'Umar during the negotiations of the Prophet with the delegation of Thaqi f. At a certain point in the negotiations, when the delegation enumerated its insolent and excessive demands, 'Umar noticed vexation on the face of the Prophet; he stood up and stopped the negotiations by forceful interference. Then God revealed the verse: "Indeed they were near to seducing thee ... " According to a tradition recorded by al-Zarnakhshan , the deputation came forward with a considerable list of conditions, demanding exemption from the tithe, from participation in military expeditions and from prostration. Whatever was coming to them in usury was to remain due. but everything they owed in usury to others was to be cancelled; al-Lat was to remain intact for a year, at the end of which the idol was to be destroyed by others, not by themselves; entrance to Wajj was to be forbidden to those seeking to cut trees in the area. Further, the deputation tried to persuade the Prophet, that if asked by the Arab tribes, he should claim that God had ordered him to grant these exceptional privileges and concessions toThaqif. The deputation came prepared with a letter in order to record the conditions agreed upon. They had written in the letter: "In the name of the Merciful, the Compassionate. This is the Ietter from Muhammad, the Messenger of God, to Thaqif. They will not pay the 'ushr (i.e. the tithe) and they will not be recruited for military expeditions." Then they added: "They will not prostrate in prayer." The Prophet kept silent. They said to the scribe: "Write: 'and they will not prostrate in prayer'." The scribe looked at the Prophet (waiting for his assent K). At that moment 'Umar stood up, drew his sword and said: "You burnt the heart of our Prophet, 0 men of Thaqif, may God bum your hearts" (literally: your livers)." The Thaqafites replied that they had not come to talk with him, but with the Prophet. It was then that the verse mentioned above was revealed."! There is no indication in this report whether the negotiations, broken off by 'Umar's interference, were resumed after the verse was revealed: whether the demands of Thaq if which were accepted by the Prophet, were later confirmed, and whether the docu- * 20 Al-Qurtubt , Tafstr (= al-Jiimi' li-akhnmi l-qur'an), Cairo. 1387/1967, X. 299; al-Tabarst , Majma' l-bayan ft tafstri l-qur'an, Beirut, 1380/1961, XV, 81. 21 Al-Zamakhsharr, al-Kashshaf', Cairo, 1354, II, 370; Ibn Hajar, al·Kiifr al-shaf ft takhrtji ahodt thi l-kashshiif, Cairo, 1354, p. 100, no 296, states that he could not lind this hadtth , but remarks that al-Tha'labr recorded it (evidently in his Tafstr -- K) on the authority of Ibn 'Abbas, though without isnad; al-Naysabarr, Ghara'ib al-qur'an wa-raghn'ib al-furqan, Cairo, 1384/1965, XV, 64 (the text has: ... wa-la nujabbiya ft salntina with a gloss: ay Iii nasjuda; 'Umar's remark is different in style from that recorded in the Kashshafr; al-Razr, al-Tatstr al-kabtr (MaranlJ al-ghayb), Cairo, 1357/1938, XXI, 20. 5 ment was signed by the Prophet. It is however explicit in the report that the reason why the negotiations broke off was the demand for exemption from prostration in prayer. The report recorded by the early Qur'an commentator Muqatil b. Sulayman (d. 150 H) is more detailed and divergent in certain essential points. The deputation of Thaqif stressed in its speech the strong position of Thaqif and their influence on other tribes. If they accepted IsIam, they said, the whole of Najd would follow suit; if they fought, alI their allies would join them against the Prophet and his community. On this basis they appealed to the Prophet to accept their demands. Their conditions for converting to Islam included exemption from conscription, from tithes and from prostration in prayer, cancellation of their debts of usury while affirming suit debts owed to them by others; bestowing on the Wajj valley the status of the sacred haram of Mecca, to prevent outsiders from trespassing in order to cut trees there; having the Prophet appoint governors from Thaqif over the Banu Malik and the AJ:laf; the preservation of al-Lat and al-Tlzza (sic! ) for a year, though they were not to be worshipped by Thaqif, after which time the idols would be demolished by others. They urged the Prophet to accept their demands in order to demonstrate to the Arab tribes the Prophet's regard for them and their superiority over the other tribes. The Prophet acceded, in so far as he exempted them from the tithe, released them from conscription, promised to Iet their idols be destroyed by others, and granted them the privileges of usury; but he would not dispense them from prostrating in prayer. The crisis occurred when the deputation insisted on preserving al-Lat for a year. The Prophet remained silent, unwilling to refuse them and say "no"; the deputation remained equally adamant in their demand but for which they would not convert. They tried to persuade the Prophet that, if the Arab tribes blamed him for destroying their own idols while allowing that of Thaqif to remain, he could claim that God ordered him to do so It was at that instant that 'Umar intervened, holding that the deputation had vexed the Prophet. He emphasized that God could not allow heathen belief in a territory where He was worshipped, and demanded that they choose between conversion to Isiam and return to their abode.i? " Muqa til. Tafstr, Ms. Ahmct III, 74/1, fols, 2I7b· 2I8a: ... wa-dhalika anna thaqtfan atau l-nabiyya M fa-qalu: nahnu ikhwanuka wa-asharuka wa-jtranuka wa-nahnu khayru ahli najdin laka silman wa-adarruhu 'alayka harban, fa-in nuslim tuslim najdun kulluha, wa-in nuharibka vuharibka man wara'anii, fa-a'tina lladh t nurt du; [a-qala l-nabiyyu (s): wa-ma iurtdunar ~tJla: nuslimu 'alii an Iii nuhshara wa-la nu'shara wa-la nahniya, - yaquluna: 'alii an Iii nusalliya wa-la naksira asnamana bi-aydt na; wa-kullu riban lana 'ala l-nasi fa-huwa lana, wakullu riban ti-l-nasi fa-huwa 'anna maudu'un; wa-man wajadnahu ft waat wajjin yaqta'u shajaraha ntaza'nii 'anhu thiyabahu wa-darabna zahrahu wa-batnahu, wa-hurmatuhu ka-hurmati makkata wa-sayduhu wa-tayruhu wa-shajaruhu (?); wa-tasta'mila 'alii bant malikin rajulan wa- 'alii]liiJi rajulan; wa-an tumatti'na bi-l-lati wa-l- 'uzza. sanatan wa-la naksirahii (/) bi· aydt na, min gh ayri all na'budaha, li-ya'rifa 1'l1iiSU karamatana 'alayka wa-fadlana 'alayhim; fa· qala lahum rasulu llahi (s): ammo qaulukum Iii nuhsharu wa-la nu'sharu wa-l-riba, fa-lakum; wa-amma qaulukum Iii nahnt , fa-innahu Iii khayra ft dt nin laysa fthi ruku'un wa-la sujtdun; qalic naf'alu dhalika wa-in kana 'alayna fthi dana'atun; wa-ammii qaulukum Iii naksiru asnamana bi-aydt na, fa-inna sa-na'muru man yaksiruha ghayrakum; thumma sakata l-nabiyyu 6 Some reports concerning aI-TO 'if The crisis in the negotiations, according to the report of Muqatil, occurred when the deputation insisted on their demand to keep the idol for a year; this was the cause why the negotiations failed, rather than their demand to be excused from prostration. There is nothing in this report on the reaction of the deputation, whether it yielded to having their idol destroyed without delay and whether the Prophet ratified the document on the basis of the concessions which he granted. It is noteworthy that this report explicitly states that the Prophet conceded to them profits from usury. Some questions which remain unanswered in this report can probably be answered by comparing it with the documents recorded by Abu 'Ubayd , and by comparing other accounts of the concession of usury, the privilege of the haram of Wajj, the exemption from tithes and from the military levy. A concise version recorded by Abu rUbayd indeed mentions that the deputation returned home after the Prophet rejected their requests for concessions concerning usury, prostration and wine. Subsequently, they willingly returned to convert to IsIam, and then the Prophet issued the document to them, as recorded by Abu 'Ubayd.i ' Although the setting of this tradition is different, the passage referring to the return of the deputation may be linked with the report recorded by Muqatil, The conditions agreed upon between the deputation and the Prophet, as given by Muqatil , seem to have served as basis for the Ietter of the Prophet. Abu 'Ubayd emphasizes that the Prophet granted Thaqif special privileges not given to other peoples. He concludes that the Prophet did this so as to reconcile their hearts to IsIam, and he mentions precedents in which the enemy's strength was feared and could be diverted by concessions, or in which conversion to Isiam was made conditional to certain privileges. In such cases the Prophet was wont to accede to the demands made.t" Abu 'Ubayd stresses that the Prophet did not grant Thaqif permission for transactions based on usury.f" This statement is true, for in the negotiations the Prophet indeed upheld his interdiction of usury; but he granted Thaqif the privilege of collecting the debts owed to them up to the day of their conversion, including the interest, whilst in paying their own debts to other peoples they would only pay the capital without interest. ya'bauna (,s), [a-qalu: tumatti'una bi-l-lati sanatan; [a-a'rada 'anhum wa-ja'ala yakrahu an yaqula ta, fa. l-islama; [a-qalat thaqt fun li-l-nabiyyi M: in kana bika malamatu I· 'arabi ft kasri asnamihim wa-tarki asnamina, [a-qul lahum: inna rabbt amarant an uqirra l-lata bi-ardihim sanatan; [a-qala 'umaru bnu l-khattabi (r) 'inda dhalika: ahraqturn qalba l-nabiyyi [s} bi-dhikri l-lati, ahraqa llahu akbadakum, ta, wa-la ni'mata 'aynin, inna llaha 'azza wa-jalla ta yada'u l-shirka ft ardin yu'badu llahu ta'ala ftha, fa-imma tuslimu kama yuslimu l-nasu, [a-imma talhaqu bi-ardikum; [a-anzala llahu 'azza wa-jalla: "wa-in kadu la-yaftinunaka - ay yasuddunaka 'ani lladh f auhayna i1ayka", 2 3 24 25 Abu 'Ubayd , al-Amwal, p. 194. Abu'Ubayd,al.Amwal,pp.193penu!t.-194. Abo 'Ubayd, al-Amwal , p. 194: ... wa-yubayyinu dhalika anna rasula llah! (s) lam yaj'al [t ma a'tiihum lahum, tahlt la l-riba. 7 The fact that the Prophet did grant them this concession can be deduced from the traditions concerning a Iaw suit brought before 'Attab b. Asi d, governor of Mecca in the period following the conversion of al-Ta'if. The Banii Mughira (a branch of Makhzirn), the traditions say, had close financial relations with the Banu 'Amr from al-Ta'if based on the lending of money. In their suit the Banii 'Amr demanded payment of the debt owed them by the Banii Mughira, arguing that the Prophet had permitted them to collect such debts with all due interest. The Banii Mughira argued, in their defence, they were in difficult straits, for usury was forbidden by Islam and consequently they had lost considerable sums of money owed to them. 'Attab b. Asi d wrote to the Prophet in Medina asking him for a decision in the matter. Then verse 278 of Siaat al-Baqara was revealed: "0 believers, fear God and give up the usury that is outstanding ... " The Prophet conveyed the verse to 'Attab, who summoned the Banu 'Amr from al-Ta'if and read before them the revealed verse. They promised to obey and act accordingly.! 6 and dropped their suit. The report about the suit of the Banu 'Arnr against the Banu Mugh ira? 7 supplements the tradition of Muqatil and supports its validity. The Prophet apparently granted Thaqi f the concession to collect the debts owed to them with all due interest up to the date of their conversion. The privilege granted seems, however, to have remained in force for a very short period and was abrogated by the verse of the Qur'an mentioned above. The date of the revelation of this verse can be fixed in the period after the visit of the deputation in 9 H and before the death of the Prophet in II H. The terms granted to Thaqif by the Prophet were considered by Muslim scholars as exceptionally favourable? 8 The privileged status granted to Thaqi f was 26 Muqatil,op. cit., I, fol. 47a; and see al-Suyutt , al-Durr al-manthta . Cairo, 1314, I, 366, 11. 12-18, 25-34; cf. al-Suyutt , Lubab al-nuqul ft asbabi l-nuztd, Cairo, 137 3/1954, p. 42inf.- 43; al·Wahidr, Asbab al-nuzul, Cairo, 1388/1968, pp. 58-9; al-Naysaburt, op. cit., III, 79; al-Qurtub t , Tafstr, III, 363: Ibn Hajar, al-Isaba, cd. 'AH Muhammad al-Bijawt , Cairo, 1392/ 1972. VI, 551-2. 27 See al-Samarqand I, Tafstr, Ms. Chester Beatty 3668, I, 70b: ... nazalat hadhihi l-ayatu ft nafarin min bani thaqt fin wa-ft bant l-mugh trati min qurayshin, wa-kanat thaqt fun yurbuna li-bant l-mugh trati 11 l-iahiliyyati, wa-kanu arba'ata ikhwatin minhum mas'udun wa-iabdu yattta wa-akhawahuma yurbiyant li-bant l-mugh trati ; [a-lamma zahara l-nabiyyu 'ala ahli makkata wada'a l-riba, wa-kana ahlu l-ta'ifi qad salahu 'ala anna /ahum ribahum 'ala l-nasi ya'khudhimahu, wa-ma kana 'alayhim min riba l-nasi [a-huwa maudu'un 'anhum.Ta y u'khadhu minhum; wa-qad kana rasulu llahi (s) kataba lahum kitaban wa-kataba ft asfali kitabihim: inna lakum mi: li-l-muslimt na wa-talaykum ma 'alayhim; [a-lamma halla l-ajalu talaba thaqtfun ribahum, [a-khasamu ila amtri makkata wa-huwa 'attabu bnu ast din. .. ; and see this tradition (with slight variants) in al-Suyutrs al-Durr al-manthie, I, 364, 11. 3-8; cf. the concise comment on the verse of the Quran given by al-Jassas, Ahkam al-qur'an, Istanbul. 1338. I, 470: ... .faabtala minhu rna baqiya mimma lam yuqbad wa-lam yubtil al-maqbud (the abrogation referred to sums to be paid. but not to sums already paid). 28 See A. Ben-Shcmcsh , Taxation in Islam III (Qudarna b. Ja'far , Kit. al-kharai), Leidcn. 1965, II, 30 (Ar. text, fol. 83a: ... annahu wa-in kana bayna man aslama fa 'i'an wa-man ukriha 'ala l-islami [arqun qad abanahu rasuiu llahi M bi-l-fi'li, wa-dhalika annahu ia'ala li-ahli 8 Some reports concerning al-Ta 'if clearly expressed in the stipulation that Wajj was their exclusive domain (wathaqi fun ahaqqu l-niisi bi-wajjin), that no one could enter the city of al-Ta'if without their permission , that they could pIan the building of their city according to will, and that the governors would be appointed only from amongst themselves. The document of the Prophet formed, in fact, a definite solution to the longstanding competition between al-Ta''if and Mecca in the Jahiliyya. Tradition says that Quraysh increased in number in the period of the Jahiliyya and coveted the valley of Wajj; they proposed to Thaqif that they share the haram (of Mecca -- K) and Wajj on equal terms. Thaqif refused, arguing that Wajj had been built up by their ancestors (they having therefore exclusive right of control over the Iand and the city - K), whilst the haram of Mecca was established by Abraham (and was thus a place open to all - K). Quraysh then threatened to deny Thaqif access to Mecca; Thaqif', fearing war with Quraysh and their allies from Khuza'a and Bakr b. 'Abd Manat, were compelled to concede and entered into alliance with Quraysh.? 9 This alliance tightened their mutual relations; Thaqif were granted entrance into the Qurashf controlled Hums organization and intermarried with Quraysh.P" The agreement, however, also facilitated the purchase of Iand in Wajj by Qurashites, and reports of Qurash i possessions in Wajj and in al-Ta'if substantiate it.3 1 l-ta'ifi lIadhrna kana islamuhum tau'an ma lam yaj'alhu li-ghayrihim mithla tahrtmi wadthim wa-alla yu'bara ta'ifuhum ... ; the translation: "declared their water-sources protected areas" is slightly inaccurate; it should, of course, be rendered: "and he declared their valley as haram". 29 Muhammad b. Hab Ib, al-Munammaq , ed. Khursheed Ahmad Fariq , Hyderabact, 1384/ 1964, pp. 280-1. 3 0 AI-Jah~, Kitab al-amsar wa-'aja'ib al-bulda n, ed. Charles Pellat, Al-Mashriq 60 (1966), pp. 175-76 (The passage referred to: wa-mimmii banat [bihi) qurayshun annaha lam talid ft l-jahiliyyati waladan [majntinan) qattu wa-la-qad akhadha dhalika minhum sukkanu l-ta'ifi li-qurbi l-iiwari wa-ba'di l-musaharati wa-li- annahum kanu humsan wa-qurayshun hammasa thum, seems to contain a misreading, the amendment of which may here be suggested. The reading waladat is erroneous and consequently the addition [majnunan) is unwarranted. The reading that Quraysh "never gave birth to a mad child in the period of the Jahiliyy a" is incompatible with the following sentence, stating that the people of al-Ta'if "took it over (learnt it K) from them". The correct reading is apparently "lam ta'id": Quraysh never buried a [living female) child in the period of the Jahiliyya; Thaq If took over this custom (i.e. learnt it, adopted it - K) from Quraysh. In the following passage: "wa-laysa ft aydt jamt'i 1- 'arabi nisbatun min jamt 'i nisa'i quraysh", read correctly: sabiyyatun: when Islam came there was no captive Qurashr woman among all the tribes of the Arabs. [See the verse of al-'A~ b. Wa'il in al-Baladhurrs Ansab al-ashraf', Ms. 1'01. 1154a, about the women of Mecca: wa-inna ta tusaqu lana ki'abun: khilala l-naq'i badiyata l-khidamii. The word al-qasm [p. 176, 1. 3) should be read al-ghashm). 31 Al-Baladhurr , Futuh, p. 75; al-Tabarf, Ta'rt kh , II, 68: ... wa-qadima nasun min al!a'iji min qurayshin lahum amwalun ... ; and see Abu l-Baqa' Muhammad b. al-Diya' al-Makkr l-'Adawf, Ahwal Makka wa-l-Madt na, Ms. Br. Mus., Or. 11865, fol. 38b: ... wa-kana Ii-I- 'abbasi karmun bi-l-ta'ifi, wa-kana yahmilu zab tbahu ilayha we-kana yudayinu ahla l-ta'ifi wa-yaqtadt minhum al-zabtba ... ; ibid., fol. 39b sup.: .. .fa-kanat ft yadi 'aliyyi bni 'abdi llahi bni 'abbasin. .... y a'tthi l-zabtbu min malihi bi-l-ta'if. .. ; Muqatil,op. cit., II, 215a: ... wa-ja'altu lahu malan mamdidan (Sora LXXIV, 13) ya'nt bt-l-mali bustnnahu lladht lahu bi-l-ta'ifi, wa-l-mamdtdu lladh t ta yanqati'u ikhayruhu shita'an wa-la sayfan. The person referred to, 9 It may be of some importance to elucidate a peculiar passage in the letter of the Prophet concerning the real estate of Quraysh in the region of al-Ta'if. "Half of the (crops of ~ K) vineyards of Quraysh watered by Thaqi f will be (the lot ~ K) of them," says the stipulation in the document of the Prophet." 2 It is evident that this decision aimed at regulating the partnership relations between the Qurash i owners of the Iand and their Thaqafi partners, who saw to the tilling and watering of the vineyards. The Thaqafites, perceiving the weakness of the Qurashites who had been involved in the bloody struggle with the Prophet, tried apparently to change the terms of the partnership in their own favour, or even to take over the property of their Qurash i partners. This can be gauged from a tradition recorded by al-Baladhuri: when Mecca was conquered by the Prophet and Quraysh embraced Islam, the Thaqafites coveted the Iand property of the Qurashites (scil. in the region of al-Ta'if ~ K); when al-Ta'if was conquered (for Islam) the rights to ownership of the property were confirme d.V' The stipulation in the document of the Prophet seems to have settled the problem of the ownership of the land property of the Meccans and the conditions of their partnership with the Thaqafites. The privileges granted to Thaqif by the Prophet included exemption from 'ushr and hashr . The meanings attached to these two words are divergent, and Muslim scholars differed concerning their definition already in the second century H. Abu 'Ubayd states that the exemption from 'ushr means that they would not pay the tenth of their property, and that the tax paid by them would be confined to payment of sadaqa, i.e. five dirhams of every two hundred and fifty dirhams. The exemption from hashr is interpreted as meaning that they would not be ordered to gather their flocks and bring them to the tax-collector, who would come to them to their court-yards to Ievy their taxes.l" Other scholars, quoting the interpretation of Jabir,35 state that the Prophet in fact exempted them from payment of the poor tax, the sadaqa, but only for a very short period; as the time came to pay the tax of sadaqa, he postponed their payment until the end of the year. Comparing the decision of the Prophet to exempt Thaqif from~adaqa and jihad with his refusal to exempt Bashi r b. al-Khasasiyya from these two prescriptions, Ibn al-Ath ir explains that Bashir was an individual, whereas Thaqi f were a community group tjama'a], and that Thaqi f would not have converted in contrast to Bashi r, of whom the Prophet knew that he desired to embrace Islam. Therefore the Prophet sought to reconcile them and to bring them into lsiam by stages? 6 according Naysabun 32 33 to the commentary is al-Walrd , Ghara'ib, XXIX, 91. b. al-Mughf ra; cf. al-Qurtubt, Tafstr , XIX, 71; al- AbU 'Ubayd , al-Amwal, p. 191, ll, 18--19. Al-Baladhurr , Futuh, p. 75 (. .. wa-kanat naha min makkata [a-yuslihunaha; fa-lemma thaqtfun [t ha, hatta idha futihat al-ta'ifu uqirrat 34 Abu 'Ubayd , al·Amwal, p. 192. 35 See note 7 above. 36 Ibn al-Athrr. al-Nihaya, III, 239 Ibn al-Athrr, Usd al-ghaba, Bnlaq, li-tammati qurayshin amwalun bi-l-ta'ifi ya'tu[utihat makkatu wa-aslama ahluha tami'at ft aydt al-makkiyytn ... ). 240; L 'A, s.v 1280, I, 193-4). 'a sh r; (see on Basht r b. 10 Some reports concerning al-Tti 'if" Some scholars explain hashr (Iii yuhsharunai, contrary to the interpretation of Abu 'Ubayd, as denoting that Thaqif would not be summoned for fighting in military expeditions."? Abu 'Ubayd's interpretation of 'ushr and hashr reflects in fact the Muslim opinion on the tax" 'ushr ", the tithe collected only from Jewish and Christian merchants, but from which Muslims were exernpt '" and on "hashr" the forbidden practice of driving the flocks to a specific location for the purpose of taxation (taxes were to be collected "on the spot", 'a/(i miyiihihim wa-bi-afniyatihim).39 The intricate and crucial problem of the meaning of these two terms was authoritatively solved by the late D.C. Baneth: "Der mehrfach vorkornmende Ausdruck Iii yuhshariina wa-ld yu'shanina ist uberall zu deuten: sie sollen weder zu Kriegsdiensten noch zum Zehnt herangezogen werden.t'"? The Prophet apparently exempted Thaqi f from the prescribed poor tax, sadaqa (=zakiit) and jihiid, in his endeavour to gain their cooperation and thus secure control over a city of considerable economic importance. The destruction of the heathen sanctuary of al-Lat according to the stipulations of the Ietter of the Prophet41 marked the conversion of Thaqif to Islam. The mosque of al-Ta'if was erected on the spot on which al-Lat had been worshipped," 2 a visible mark of the victory of Islam over paganism. The Prophet, of course, knew that Thaqif', after their conversion to IsIam, would become loyal members of the Isiamic community and perform fully the prescriptions of the new faith. The privileges bestowed upon Thaqif by the Prophet were generous and amounted almost to a measure of autonomy. The granted concessions, however, very soon lost their importance, when al-Ta'if was incorporated into the body politic of the nascent Muslim commonwealth. The Prophet sent 'Uthman b. ab i I-'Ai} to al-Ta'if as governor't ' and Salif b. 'Uthman b. Mu'attib as tax collector.44 37 Ibn al-Athfr,al-Nihaya, I, 389; L'A, s.V. I) sh r: ct. al-Zamakhsharl, al-Fa'iq.Y), 433 sup .. 1,180, ll. 13-14. 3S See Abu 'Ubayd , al-Amwal, pp. 528-30, nos. 163143 (and see csp. no. 1638); and SCL' al-Tahawr , Sharh ma'ant l-athiir, ed. Muhammad Zuhrr l-Najjar , Cairo, 1388/1968, II. 30-3. 39 Sec e.g. Abu 'Ubayd , al-Amwal, p. 404. no. 1092; and sec above, notes 7.10. 40 D.H. Baneth, Beitrdge Zur Kritik und zum sprachlichen Verstandnis der Schreiben Mohammeds (Resume of thesis, 1920). 41 Sec e.g. al-Waqidt , op. cit., pp. 971-2. 42 See Yaq fit , Mu'jam al-buldan, s.v. al-Lat: Ibn al-Kalb I; Kit. al-asnam. cd , Ahmad Zakr Pasha, Cairo, 1343/1934. p. 16. (Comp. the story of the destruction of Dhn l-Khalasa: Ibn alKalb I, op. cit .• pp. 35inf.- 36; the mosque of 'Abla', was erected on the spot of the sanctuary of Dhu Khalasa [see al-Baladhurr, Ansab al-ashraf , Ms. 1'01. 1l75a inf.: ... thumma innahu !lGjja ita dht l-khalasata wa-huwa bay tun bi-l-iabla' kanat khath'amun wa-man yalthim min qaysin wa-ghayrihim yahujjunahu, wa-huwa l-yauma maudi'u masjidi I· 'abla 'i... J). 43 AI-BaHidh'urI, FUnD!, p. 79; Ibn Qutayba, ~/-Ma'arif. cd. Tharwat 'Ukash a. Cairo. 1969, pp. 268-9; ai-r-asr. al-Tqd al-thamt n ft ta'rt kh al-balad al-amt n, cd , Fu'ad Sayyid, Cairo. 1386/1966, VI. 24-5; al-Zurqanr, SharlJ al-mawahib, IV, 10; Khallfa b. Kh ayy at, Ta'rlkh, cd , Akram Diya' al-Umarr , al-Najaf', 1386/1967, pp. 61. 91; al-Dhahab t, Siy ar a'lam al-nubala'i ce Ibraht m al-Abyarr , Cairo. 1957, II, 269. 44 Al-Baladhurr, Ansab al-ashraf, cd. Muhammad Ham rdullah, Cairo. 1959. I. 531; Ibn * 11 Sa'd b. abf Waqqas was appointed by the Prophet over the himii of Wajj.4 5 This marked, of course, the full absorption of Thaqif into the activities of the Muslim community. Later al-Ta'if became a district of Mecca.i " Abu Bakr appointed 'Attab b. Asid as governor of Mecca and al-Ta'if, but Iater 'Uthman b. abi l-'.A~was reappointed governor of al-Ta'if', Ieaving 'Attiib solely as governor of Mecca." 7 'Umar appointed Nafi' b. 'Abd al-Harith from Khuza'a as governor of Mecca and al-Ta'if, but Iater dismissed him48 and appointed Sufyan b. 'Abdallah al-Thaqafi as governor of Tii'if;4 9 other sources record that 'Umar sent him to al-Ta'if as taxcollector. so In his questions addressed to 'Umar concerning taxes imposed on cattle, fruits and honey, and in 'Umar's instructions there is no trace of a privileged position for al-Tii'if,s 1 nor is there any such position in the taxation on land. Al-Ta'if had become equal to alI other regions of the Arabian peninsula." 2 The stipulation concerning the tahrim of the entire area of al-Ta'if seems to have lost its validity and the privately owned himiis fell under the control of the governor and received formal acknowledgement and protection upon due payment of taxes. 5 3 Shortly after the Prophet's death Thaqif were summoned to participate in the enormous effort of the Muslim conquests: on the eve of the expedition against Syria, Abu Bakr called upon the people of al-Ta'if to join the forces being despatched towards the borders of the Byzantine ernpire.P" It is noteworthy that as early as 13 H, 'Umar appointed Abu 'Ubayd al-Thaqafi , the martyr of the Battle of the Bridge, as the commander of the Muslim forces fighting on the Persian frontier." 5 Hajar, al-Isaba, III, 8, no. 3041; ... [a-lamma aslamu sta'mala min al-ahlafi siilifa bna 'uthmana 'ala sadaqati thaqt fin .•. ; Ibn al-Athrr, Usd, 1II, 245; and sec Ibn al-Kalb I, Jamhara, Ms. Br. Mus., Add. 23297, tol, 155a, 11.3-5. 45 Al-Waqid I, op. cit., p. 973,11. 7-8. 46 Al-Baladhurr, Futun, p. 75 (... wa-sarat ardu I-to. 'ifi mikhlafan min makhaltfi makkata). 47 Al-Baladhurr, Ansab, L 529. . 48 AI-FasI, al-Tqd al-thamt n, VII, 320-2, no. 2574; Ibn al-Ath Ir , Usd. V, 7-8; cf.Tbn Hajar, al-Isaba, VI, 408. 49 Al-Baladhur l, Futuh, pp. 77, 79; see on him Ibn Hajar. al-Isaba, III, 124. no. 3317; Ibn al-Ath t r. Usd, II. 319-20; al-Fast, al- 'Iqd , IV. 590, no. 1308; KhalIfa b. Khay yat, op. cit., p. 129. 50 'Abd al-Razzaq , al-Musannaf , ed. Hab tburrahrnan al-A'zamf, Beirut, 1391/1972, IV, 10, no. 6806 (. .. anna 'umara bna l-khattabi ba'atha sufyana bna 'abdi llii!!i l-thaqafiy ya sa'iyan ... ), II, no. 6808 (. .. anna sufyana bna 'abdi llahi wa-huwa yusaddiqu ft makhalt fi l-ta'ifi ... ) 51 See 'Abd al-Razzaq , op. cit., IV, 14. no. 6816; al-Baladhurf , FutUIJ, pp. 76-8; cf. Yahya b. Adam, Kit. al-kharaj, cd. Ahmad Muhammad Shakir, Cairo, 1347. p. 155, no. 548. 52 See AbO Yusuf', Kit. al-kharaj, Cairo, 1382, pp. 58inf.. 63; AbU 'Ubayd , al-Amwal, p. 512, no. 1560. 53 See 'Abd al-Razzaq , op. cit., IV, 62. no. 6969; Abo Yusuf. op. cit, pp. 55 inf., 70 inf.- 71 sup.; AbO 'Ubayd, al-Amwal, p. 497, no. 1488; Ibn AbI Shayba, al-Musanna]. 1II. 141; and see F. Lokkegaard , Islamic Taxation, Copenhagen, 1950, p. 31 (and sec ib., pp. 22-35 on haram and hima). 54 Al-Baladhuri, Futuh, p. 149. 55 See e.g. al-Baladhurt , Futuh, pp. 350-2; al-Tabarr, Ta'rt kh , II. 630-2; Ibn A'tham, al-Futflfl, Hyderabad, 1388/1968, I, 164. 12 Some reports concerning st.t» 'If As equal but not privileged members of the emerging society of the Arab Empire, the Thaqafites migrated to the various regions of the conquered Iands and produced quite a few well known Ieaders and administrators, as well as rebels. II The wars of the ridda and the subsequent wars of conquest and expansion brought about fundamental changes in the population structure of the Arabian peninsula. As a result of the fact that tribal units emigrated by waves to the new1yconquered territories, bonds between clans and tribes were loosened, weakening the units and groups which remained in the peninsula; this led to the necessity to form new bonds amongst these tribal groups. Furthermore, small and weak tribal units, which had split away from their main tribe and had come to dwell among other tribal divisions, detached themselves during this stormy period of migrations, and tried to find the way back to their original tribes. The changes which the re-distribution of land by the rulers in the Arabian peninsula introduced were considerable: vast areas of pasture land were expropriated and turned into himii territory; lands of the expelled Jews and Christians in Najran were divided and Ieased out on terms now fixed by the Caliph+" and exacted by his governors. Large estates were established by members of the Meccan aristocracy, and wells were dug (especially on the routes of the /:zajj), providing them with water. Captives from the conquered territories were brought to the Arabian peninsula and employed by land owners in building up their estates. The rapid development of Mecca, as a center of pilgrimage for the rising Empire, called for Iarge supplies of vegetables and fruits. This was the impetus for the growth of well-cultivated farms and estates in the vicinity of Mecca and Medina, providing for the needs of the population and the pilgrims to these two cities. Mu'awiya's grasp of the economic importance of real estate led him to acquire lands in the area of Mecca and Medina, where he also purchased buildings and courts. He did the same in al-Ta'if, buying land from Jews who had settled there as merchants after being expelled from al-Yaman and Medina." 7 It is obvious S 6 See Ibn Abr Shayba , Ta'rtkh, Ms. Berlin 9409 (Sprenger 104), fol. 100b: haddathana abu khalidin al-ahmaru 'an yahya bni sa'tdin anna 'umara ajla ahla najrd na l-yahtda wa-l-nasara wa-shtara (text: wa-starii) bayuda ardihim wa-kurumihim, fa-tamala 'umaru l-nasa: in hum ja'u bi-I-baqari wa-l-hadtdi min 'indihim fa-Iahumu l-thulthani wa-Ii- 'umara l-thulthu; wa-in ia'a 'umaru bi-I-badhri min 'indihi fa-Iahu l-shatru; wa- 'amalahum al-nakhl (sic!) 'alii anna lahumu l-khumsa wa-li-tumara arba'atu akhmasin; wa-tamalahum al-karm (sicl) 'alii anna lahumu l-thultha wa-/i- 'umara l-thulthani. 'Umar denotes in this report (. .. wa-li- 'umara, ... wa-in ja'a 'umaru ... ) the Muslim government of Medina. It is obvious that the government established a new order of the agrarian organization of Najran and supplied, in certain cases. the peasants with means of cultivation of the land. S 7 See al-Baladhur l, Futuh, p. 75. 13 that Mu'awiya needed labourers to cultivate his lands, as well as reliable personnel for maintaining his houses and managing his enterprises.i 8 The thread which may Iead us to a better understanding of Mu'awiya's policy against the background of the contemporary social and economic situation is provided in a concise account which states that Mu'awiya affiliated the 'A'idhat Quraysh (i.e. the Khuzayma b. Lu'ayy) to Quraysh in order to strengthen his power by them tyatakaththaru bihim ).59 The expression "yatakaththaru bihim ", in the context of the reports on the power struggle between the various parties, denotes the affiliation or adoption of a group of people by one of the parties in order to overcome a contending party.v" The application of this principle in relation to the Banii Sarna is recorded in a significant report, transmitted by al-Zubayr b. Bakkar and Muhammad b. Habi b , on the authority of al-Zuhri. Abu Jahm b. Hudhayfa'' ' came to Mu'awiya who enquired about his fight and dissension with Thaqif', for the Iatter had submitted a complaint against him to Mu'awiya. Abu Jahrn's succinct reply was: he would not be reconciled with them until they said: "Quraysh and Thaqif , Liyya 5' See M. Rosen-Ayalon (ed.), Studies in Memory of Gaston Wiet, Jerusalem 1977, p. 44, notes 52·5. 59 See Oriens 25-26 (1976) 56, note 42; and see on 'A'idhat Quraysh: al-Zubayr b. Bakkar , Jarnharat nasab quraysh wa-akhbtiriha. Ms. Bodley. Marsh 384. fol. 199a·b; Mus'ab al-Zubayr t , Nasab quraysh, ed. Levi Provencal, Cairo, 1953, p. 442 sup.; al-Tsarn I, Simt al-nuiam al- 'awalt , Cairo, 1380, I, 164. (And see about the different petty tribal divisions alleging a Qurashr pedigree: Oriens 25-26 (1976) 55-56, notes 33-41; and see about the Murra b. 'Auf alleging Qurashi origin: al-Baladhurf , Ansab, Ms., fol. 1143b; and see about the expulsion of Al Junayda b. Qays from amongst Quraysh by 'Umar: al-Zubayr b. Bakkar, op. cit., fol. 201b; and see about alliances of certain small tribal factions: al-Zubayr b. Bakkar , op. cit., fol. 199b: wa-kana banu ma't si bni 'amiri bni lu'ayyin wa-banu l-adrami wa-banu muharibi bni fihrin hulafa 0... ; cf. al-Tsamr, op. cit., L 164: wa-ft qurayshin rahtun yuqiilu lahu l-ajrabani wa-hum banu bagh tdi (read correctly: ma'isi) bni 'amiri bni lu'ayyin wa-banu muharibi bni fihrin, wa-kana hadhani l-rahtani mutahalifayni we-kana yud'ayani l-ajrabayni ... ). 60 The accusation of 'Abd al-Rahrnan b. al-Hakam raised against Mu'awiya: lau lam tajid ilia l-zanja la-takaththarta bihim 'alayna ... was mistranslated and misinterpreted by Lammens, Etudes sur la Regne du Calife Omaiyade Mo'awia Ier, Beyrouth, 1906, p. II: ... Par Dieu si les negres pouvaient te rendre service tu n 'hesiterais pas les employer pour affermir ton pouvoir .. given as proof for the preceding assumption of Lammens: ... Ainsi, dans Ie gouvernement de l'islam, agissaient Mo'awia et, a son exemple, les Omaiyades; chez Ie premier surtout, la raison d'etat a generalement prime les autres considerations ... This utterance was as well mistranslated and misinterpreted by W. Hoenerbach, "Araber und Mittelmeer , Anfiinge und Probleme Arabischer Seegeschichte" in: Zeki Velidi Togan'a Armagan, Istanbul, 1950-5, p. 385: "Wenn du Profit haben konntest durch die Zang so wiirdest du Profit durch sie haben ... tatsachlich kennzeichnet sie seine stete Bereitschaft zur Ubernahme alter Einrichtungen. .. The correct translation should be: " ... If you found none but negroes, youwould strive to out-number us by [adopting or attaching) them [scil. to your clan - K1", as I gave it in Studies in Memory of Gaston Wiet, p. 44, note 57. 61 See on him Ibn Hajar , al-Isaba, VII, 71, no. 9691; Ibn 'Abd al-Barr , al-Istt ab, ed , 'Air Muhammad al-Bijawi , Cairo, 1380/1960, pp. 1623-4, no. 2899; Ibn al-Ath tr , Usd, V, 163-4; Mus'ab , Nasab . pp. 369. 371; a1-FasI, al-Tqd, VIII, 34, no 2846; Anonymous, al·Ta'rfkh almuhkam ft man intasaba ila l-nabiyyi ~allii llahu 'alayhi wa-sallam, Ms. Br. Mus., Or. 8653, fol. 178a. a 14 Some reports concerning al-Tti'if and Wajj.,,62 "By God," said Abu Jahm, "only a fool from among them will like us and only a fool from among us will like them; by this we discern our fools.':" 3 Another report, also related on the authority of al-Zuhri , tells of the conversation between Mu'awiya and Abu Jahm on the Iatter's second visit64 to Mu'awiya , complementing and elucidating the policy which Quraysh were pressing with regard to the Bakr b. 'Abd Manat, a Kinani division which had Iong sojourned at Mecca, and towards Thaqi f in al-Ta'if. Abu Jahm gives details of the situation and explains his pIan of action; Mu'awiya relates the steps taken. "The Banu Bakr (i.e. Banu Bakr b. 'Abd Manat b. Kinana) are increasing in numbers, surpassing us" (thus forming a danger to our authority in the city - K);6S said Abu Jahm, advising Mu'awiya to send to the Banu Sarna and to settle them beyond the Ditch (khandaq) opposite the best of the Banu Bakr;66 he further proposed to grant to the Banii 62 The reading in al-Munammaq , p. 397, l. 7: wa-lita wajj is erroneous; read: wa-liy atu wa-wajj. 63 The passage in al-Munammaq , p. 397, l. 7: wa-la yuhibbuna minna ilia ahmaqa, wa-Ia yuhibbuhum minna ilia ahmaqu wa-bi-dhalika na'tabiruka min hamqana, is erroneous; read: wa-la yuhibbuna minhum ilia ahmaqu, wa-la yuhibbuhum minna ilia ahmaqu, wa-bi-dhiilika na'tabiru hamqana ; and see al-Bakrt , Mu'jam rna sta'[am, p. 1168. 64 The text in al-Munammaq , p. 397, l. 8: [t qa/'atin ukhra is erroneous; read as in alZubayrs Jamhara: ft wafdatin ukhra wafadaha ilayhi. 65 For the expression yatakaththaruna 'alayna see e.g. al-Zubay r b. Bakkar,op. cit., fol. 184a: ... fa-inna ban! kilabi bni murrata takaththaru 'ala butuni ban! ka'bi bni lu'ayyin [atahalafat 'alayhim tilka l-ahlaf. .. 66 In al-Munarnrnaq: fa-j'alhum janaba bant bakr: in al-Zubayrs Jamhara: [a-j'alhum 'ala suyyabi ball! bakr. The pedigree of the Bano Sarna is obscure. their relation with Quraysh is disputed and the reports of the scholars of nasab about their ancestor Sarna b. Luayy are divergent and contradictory. According to tradition Sarna was compelled to leave his tribe. He escaped to 'Urn an where he married the Qu"a'f Najiy a bint Jarm b. Rabba n, "D1C report that Sarna died childless is corroborated by an utterance of the Prophet that he left no progeny. But a contradictory hadt th attributed to the Prophet says that the Prophet asked a man about his pedigree. He said he was a descendant of Sarna and the Prophet asked: "The poet?", referring to a widely circulated verse of Sarna. This may obviously point to the fact that the Prophet confirmed the existence of descendants of Sarna. Somewhat clearer information can be obtained from an account according to which the Prophet received a delegation of the Ban u Sarna and remarked that they were the relatives of Quraysh. Some genealogical accounts say that Sarna's son from his first marriage (with Hind bint Taym al-Adrarn b. Ghalib), al-Harith , married after the death of Sarna his stepmother Najiya bint Jarm in accordance with the custom of nikah al-maqt . The BanO Sarna are thus the descendants of al-Harith b. Sarna and Najiy a and are known as the Banu Najiya. Another report says that Sarna and Najiya had only a daughter, 'Aja, and the Ban u Sarna (or Banu Najiya) are the progeny of this daughter. A divergent account reports that Sarna died childless; Najiy a married after his death a man from Bahrayn and gave birth to a child named al-Harith. When her second husband died she went with her child. al-Harith , to Mecca claiming falsely jhat al-Harith was the child of Sarna b. Luayy , She was welcomed by Ka'b b. Luayy and accommodated by him with her child in Mecca. But when after some time a group of people from al-Bahrayn divulged her lie. Ka'b b. Lu'ayy banned Najiya with her son from Mecca; they returned to al-Bahrayn. Another report states that Sarna did not beget children; he adopted a child of Najiya and the Banu Sarna. arc in fact descendants of this adopted son. 15 Sarna as a source of sustenance the (income of the - K) settlements of Fadak, Khaybar and Wadi' l-Qura, Further, Abu Jahm described the situation in al-Ta'if, saying that Thaq if would surpass Quraysh in numbers in Wajj and proposed that Mu'awiya send many Byzantines and Persians't " to settle densely in the Wajj valley, so that "we may devour them (i.e. Thaqif) by them (i.e. the Byzantines and Persiansj.P" Mu'awiya expressed his full assent and told Abu Jahm that he fully settled'"" the (quarters of the -~ K) Banu Bakr with warriors and troops, so that if a Qurashite were to become enraged 7 0 he would send for one of the Banii Bakr; the Bakr i would be brought before him 71 and would do what he (i.e. the Qurash i) would wish him to do. Mu'awiya emphasized what he did with Thaqi f', driving them from their abode and resettling them in the high mountains of al-Sarat. They asked to be given their pay in 'Iraq, but Mu'awiya insisted upon paying them in Syria, the country of plagues 72 in order to be rid of them. All their property After the rise of Islam a delegation of the Banu Sarna asked to be affiliated to Quraysh. tracing their pedigree back to Sarna b. Lu'ayy , the ancestor of Quraysh. Both 'Umar and 'Alr denied any connection of Quraysh with them, refusing to include them in the pay-roll of Quraysh. A statement of 'All that the Banu Sarna were descendants of a bondsmaid of Sarna raped by one of his black slaves. is said to have led to a rebellion of the troop of the Banu Najiya numbering 300 warriors. They openly revolted under their leader. al-KhirrIt b. Rashid (from the Sarnt clan of 'Abd al-Bayt). They left 'Air's camp and were joined by Muslim political malcontents, as well as by local inhabitants who refused to pay the land-tax (kharaj) and by Kurds and Bedouins. 'All was compelled to levy a strong force under the command of Ma'q il b. Qays al-Riyahr who succeeded to defeat al-Khirrr t's force in the region of al-Ahwaz. AI-Khirrft retreated to the coastal territory of the Persian Gulf where he managed to rally the Banu Sarna, some of the 'Abd Qays. as well as Christians and converts to Islam from Christianity, who wanted to revert to their former faith. A strong force dispatched by 'Air defeated the rebelling troop and al-Khirrft was killed in the battle. The captives were sold to Masqala b. Hubayra al-Shaybant . who treed them; he failed, however, to pay the promised sum, absconded and joined Mu'awiya. The Banu Sarna were later known by their hostile attitude towards 'AIr. (See: al-Husayn b. 'Air al-Maghribr, al-Inas bi-tilmi l-ansab . Ms. Br. Mus., Or. 3620, fols. 51a 55a; al-Aghani, index; al-Tabarr , Ta 'rtkh . index; Ibn A 'tham, al-Futuh, Hyderabad 1391/1971, IV, 75 -88; Ibn Abr l-Had rd , Sharh nahi al-balagha, ed. Muhammad Abu l-l-adl lbraht m , Cairo, 1385/1965, Ill, 119 122, 126 151. Ibn Hazrn, Jamharat ansab al-tarab , cd. 'Abd al-Salam Harun, Cairo. 1962. p. 173; Ibn al-Athrr. Usd, 11,110; Ibn 'Abd al-Barr. at-Istt'ab io», 458-9; al-Baladhur t. Ansab al-ashraf, Ms., fol 1054a; and see W. Casket: Gamharat an-nasab, das genealogische Werk des Hisam ibn Muhammad al-Kalbt, II, 123, s.v. 'Abdalbait b. al-Harit: Oriens 25 26.56 (1976), note 3R). 67 In aJ-Zubay r's Jamhara: ja-akthlr min tat-ahrari min I al-rumi wa-l-fursi [wa-mla' wajjan minhum); the words in brackets arc missing in al-Munammaq. 6. The reading hatta ta'kulahum is erroneous; read: hatta na'kulahum. For the expression na'kulu bi see al-Tabart , Ta'rtkh , II, 84: wa-llahi lau annt akhadhtu hadha l-fata min qurayshin la-akaltu bihi I· 'araba. 69 The reading mala'ahum in al-Munammaq is erroneous; read: [a-qad mala'tuhum. 70 The correct reading is: hattii anna ahadakum la-yaghdabu I-ghadbata as in al-Zubay rs Jamhara. 71 Read as in the Jamhara: [a-yuqadu ilayhi (not: [a-yanqaduv: the correct reading is given in al-Munammaq, p. 39g, note 9. 72 The reading ardu l-mitwa't n, the "land of the obedient". is erroneous; the correct reading is ardu l-tawa't n, the land of plagues and pestilences. This latter reading is corroborated by 16 Some reports concerning al-Ta 'if (lands -- K) were taken over by Quraysh and Mu'awiya settled the territory with Byzantines and Persians.?" The quoted traditions indeed explain the report stating that Mu'awiya affiliated the Banu Sarna to Quraysh, with the aim of gaining strength for his clan through this extension. They were settled in Mecca and served as his loyal supporters, increasing his authority and reducing the power of the Bakr b. 'Abd Manat, a tribal division which had played a considerable role in the relations between Quraysh and the Prophet. Mu'awiya's policy in relation to al-Ta'if is fully expounded in this report. He strived, like his father, to acquire lands in al-Ta'if and its surrounding. territories and to widen Qurash i influence there. The Qurash i aim is expressed in the saying of Abu Jahm: "There will be no reconciliation with Thaqi f until they say Liyya and Wajj, Quraysh and Thaqi f." The intention seems to be that Thaqif should acknowledge the demands of Quraysh to share in Liyya and Wajj as equal partners. The Qurash i pressure was reinforced by the dispersion of Thaqif in the mountains of al-Sarat and by necessitating them to go to Syria, considered a country exposed to plagues, in order to collect their pay. The Persians and Byzantines mentioned in the report were, in all probability, captives employed as labourers on the Iarge estates. * Al-Ta'if after that played no political role in the history of the Muslim Empire. Praised for its good climate it remained a summer resort for the wealthy of Mecca and Medina. The descendants of Thaqif clung fondly to the document of the Prophet about Wajj; 74 the fertile lands in the vicinity of al-Ta'if seem to have been considered a good investment and it is quite pIau sible that Hisham b. 'Abd al-Ma1ik purchased real estate there." 5 As a place of pilgrimage al-Ta'if became coupled with Mecca 76 or given a twofold sanctity comprising that of Mecca and of the Holy Land: al-Ta'if was a piece of Palestine transferred by God to the Arabian peninsula and placed in the spot of al-Ta'if after having performed the tawiif around the Ka'ba."? The traditions attributed to the Prophet, in which he the phrase: "so that you and I may be rid of them ", i.e. they would perish, afflicted by plagues in Syria. See on the "tawa'tn al-sham" al-Tha'alibt, Thimar al-qulub . cd. Muhammad Abo l-Fadl Ibrahim, Cairo, 1384/1965, p. 547, no. 896. And see about the deportation of people suspected of rebellious actions to Syria, the country of plagues: al-Baladhurf , Ansab IV A, 232, II. 5-6: wa-wadidtu ann! kuntu habastuhu wa-ashabahu au farraqtuhum ft kt:lri l-shami [a-kafatnt himu l-tawa't nu. 73 AI-Zubayr'b. Bakkar , op. cit., fol. 170b; Muhammad b. Habt b , al-Munammaq . pp. 397-9. 74 Sh ak Ib Arsla n, op. cit., p. 119: .. ' wa-kanat thaq tfun tatawarathu hadha l-kitaba wa-tatabarraku bihi (quoted from Ibn Fahds Tuhfat al-lata 'if). 75 Al-Baladhur l, Ansab . Ms. Iol. 1225b: ... ittakhadha hishamun malan bi-I-fll'if. .. 76 Shak tb Arslan. op. cit., p, 136: inna I.~a'ifa min makkata wa-makkatu min al-tii'ifi (quoted from al-'Ujayml's Ihda'u I-lata 'if). 77 See Le Museon 82 (1969),' 206, note 92; and sec al-Tabarr, Tafstr , ed. Shakir, III 52; al-'Ayyashl, Tafstr, ed. Hashim al-Rasult l-Mahallatr, Qumm, 1380, 1,60; al-Mas'udr, 17 asserted that Thaqi f were among the worst of the Arab tribes,78 were replaced by traditions of praise. "The first for whom I shall intercede on the Day of Resurrection will be the people of Mecca, Medina and al-Tii'if,,,79 said a tradition attributed to the Prophet. "Thaqif are God's deputation," says another tradition alleged to have been uttered by the Prophet." 0 Current stories predicted that during the period of disasters at the end of time the best people would dwell in the neighbourhood of al-Ta'if.3l "Wajj is a sacred valley," says a hadi tli recorded in the early compilation of Ma'rnar b. Riishid.52 In the vein of this trend the tradition of God's last tread seems to have been altered: "Wajj is a sacred valley; from Wajj God, may He be blessed' and exalted, ascended to Heaven after He had accomplished the creation of heaven and earth."113 Wajj seems thus to have turned into the Iast spot on earth on which God trod and from which He ascender, to Heaven, against the claims made on behalf of the Rock of the Dome in Jerusalem. Ithbat al-wasiy ya. Najar. 1374/1955, p. 39; Ibn Babuyah , 'Ilal al-shara'i', Najaf, 1385/1966, pp. 442·3; ai-SUYO!I, al-Durr al-manthur, I, 124; al-Majlisr, Bihar al-anwar . Tehran, 1378, XII, 109; Hashim al-Bah rani al-Taubalt al-Katkant , al-Burhan tafstri l-qur'an, cd. Mahmud al-Musawf al-Zarand t . Tehran, 1375, I. 155, no. 8 and II, 319, nos. 4-5; Sh ak Ib Arslan , op. cit .. p. 133. ,. See Ibn Kath t r , al-Bidaya . VI, 236: ... sharru qaba'ili Varabi banu umayyata wa-banu hant fata wa-th aqt jun: al-Daylarnr, al-Firdaus. Ms. Chester Beatty 3037, Iol. 94a. n 79 Al-Nab Il. al-Awa'il. Ms. Zahiriyya. had t th 297/1. fol, 22a; Ibn 'Abd ai-Barr. at-Ist t'ab, p. 1007: al-Muhibb al-Tabar i, al-Qira li-qasidi umm al-qura, ed. Mu~tani l-Saqa, Cairo. 1390/ 1970, p. 666. "0 Ibn Hibban al-Bust I, Kit. al-majruht n, cd. 'Az t« al-Qadir I, Hyderabad. 1390/1970. I, 148: ... thaqt fun wajdu lliihi 'azza wa-jall a; and see Alunad b. 'Hanbal , Musnad, III, 342inf.: qiila rasulu llahi (s): allahumma hdi th aq i fan. s i Shakib Arslan. op. cit .. p. 136 (quoted from al-Mayurq i's Bahjat al-muhaj ft ba'di [ada'il al-ta 'if wa-wajjt. 82 'Abd aI Razzaq , al-Musanna]. XI, 134, no. 20125: al-Muhibb al-Tabar I, op. cit., p. 666. 83 Al-Bak rr. Mu'jam p. 1370. 18

Social and Religious Concepts of Authority in Islam

social_religious.pdf SOCIAL AND RELIGIOUS CONCEPTS OF AUTHORITY IN ISLAM In memory of my brother Aharon Kister. The commonwealth set up by the prophet Muhammad in Medina, including various tribal groups and factions, united by the superimposed ideas of the new religion of Islam, formed the umma, the community of Islam. This unprecedented body politic in the north of the Arabian peninsula originated and developed in its first stages due to the undisputed authority of the Prophet, who served as the sole guide, leader, judge, and legislator of the community; he derived his authority from the continuous revelation granted to him by God. The character of the Prophet was moulded according to the Qur'an, as formulated in a concise utterance of 'A'isha.I In Muslim tradition the Prophet is depicted as a symbol of righteousness and justice than whom nobody could be more just.2 He acted equitably See, e.g., Abu l-Shaykh, Akhlaq al·nabi, pp. 19, 29: ...qalat: kana khuluqu rasuli Il1Jhi (~) al-qur'ana ... ; al-SuyutI, al·Durr, 6, 251; Ibn Kathlr, Ta/sir, 7, 80-81; Ibn Kathlr, Shamti'i/, pp. 57-58; Ibn AbI l·ijadld, SharI} nahj, 6, 340; al·Mubarrad, al·Ft14i/, p. 16; and see al-SulamI, Adab al·~ul}ba, p. 23, n. 4 [the references of the editor]; al-Munawi, Fay4, 5, 170, no. 6831. See, e.g., the story about the meeting of Ohu I·Khuway~ira with the Prophet (and the story of OM I-Thudayya): Ibn Hisham, al-Sira, 4, 139 [..ja-qala: lam araka 'adalfa; (qala): /a-ghat/iba I-nabiyyu (~), thumma qtila: waylJaka, idllli lam yakuni 1'adlu 'indi /a- 'indo man yakunu ... ];al-ijumaydI, al-Musnad, 2, 55, no. 1271; 'Abd al-Razzaq, al·Mu¥Jnna/, 10, 146, no. 18649 [...i'dil ya rasula Ilt1hi,/a-qtila: waylaka, wa·manya'dilu idha lam a'dil...]; Mul;lammad Mu~tafa l-A'?amI, Diriisatji l'I}adithi I'nabawiyyi, Juz' Abi l-Yamtin al·!fakam b. Na/i', p. 157; al·ZurqiinI, SharI} al· mawtihib, 7, 227-28; al-WaqidI,al-MagJuizi, p. 948; al-Wal;lidi, Asbdbal·nuzul, p. 167; al-Suyuti, Lubtibu l·nuqul, p. 118; al-Suyu~I,]am' al·jawami', 2, 530; Ibn 'Asiikir, Ta)rikh (tahdhib), 6, 239; al-Oamlri, !fayat al'I}ayawtin, 1, 233; Ibn al·Athlr, al·MurflWl', p. 162; Ibn ijazm, al-Fi¥Jl, 4, 53; Ibn ijajar, aH~ba, 2, 411, no. 2452; Ibn Tawus, al-Mal4l1im wa-lfilan, p. 88; Ibn al·Athlr, Usd al·gllli· 2 85 Concepts of authority in Islam and kindly towards people, and allowed a man who was hit by him unintentionally to avenge himself.' A similar feature of the human nature of the Prophet, his lenience and his kindness, is revealed in a story recorded on the authority of 'A>isha.When the auxiliary forces of the Bedouin (amdiid al-iarabv» grew in number and the Prophet was (once) mobbed by the gathering crowd, the Muhajirun enabled him to come out of the crowd and reach the chamber of 'A)isha. He threw off his garment at the door, jumped into the room and started to make invocations against the crowd: "0 God, curse them." imma min Quraysh, ed. $aIaQ. al-Dln al-Munajjid, Beirut 1377/1958. See, e.g., Ibn Abi (A~im, Kitab al-sunna, p. 527, no. 1109: fi quraysh ilii qiyami l-sa:«; p. 528, no. 1112: ...hiidhii l·amru fi qurayshin ...; p. 530, no. 1118: ...inna hiidha l-amra fikum wa-antum wuliituhu ...: p. 533, no. 1126: ...Iiiyazdlu wiilin min quraysh ...:p. 533, no. 1127: ...nalJnu wuliitu hiidha l-amri l}attli nadfa(ahu ilii (isii bni maryama ...;and see p, 642, no. 1547; al-Munawt, Fay4, 6, 450, no. 9969: ...Iii yazdlu hqdha l-amru fi qurayshin mti baqiya mina l-ntisi ithndni...; d. the significant utterance of al-Harith b. Hisham al-Makhzumt onthe Day of the Saqlfa [Ibn Hajar, al-I¢ba,l, 608 sup.] ...wa-lliihi lau-Iii qaulu rasuli lliihi "al-a>immatu min qurayshin" mti ab(adnd minha l-an¢ra wa-la-kiinu laha ahlan, wa·lakinnahu qaulun Iii shakka fihi; fa-wa-lliihi lau lam yabqa min qurayshin kulliha rajulun wiiIJidun la-¥lyyara lliihu hiidhd l-amra fihi. Al-Khallal, al-Musnad min masii>il alJmad, MS fol. 6a; Ibn Abi (A~im, Kitab al-sunna, p. 527, nos. 1109-10. Al-$aIiQ.i, Subul al-hudii wa·l-rashiid = al-Sira al-Shamiyya, 1, 333: yaqta4i an yakuna abu bakrin wa-(umaru laysd min qurayshin, wa-idha lam yakund min qurayshin fa-imtiratuhumti btlfilatun. Al-Khallal, al·Musnad min masii>il alJmad, MS, fol. 5b. 37 uu 38 39 40 98 The utterances about the exclusive authority of Quraysh were apparently current as early as the first century of the hijra, when Qurashi rule was established and needed firm legitimization from the orthodox religious authorities. Many utterances in praise of Quraysh ascribed to the Prophet are recorded in the early collections of lJ,adith from the second century of the hijra. "The spine of men are Quraysh," the Prophet is said to have stated. "Can a man walk without a spine?" he added. "People are followers of Quraysh in this affair" (ft hfldhfl l-sha>n), said the Prophet ("affair" is glossed as "authority"). "Muslims," continued the Prophet, "are followers of Muslims of Quraysh, unbelievers follow unbelievers of Quraysh." A man of Thaqif was killed in the battle of Uhud. The Prophet said: "May God curse him, for he hated Quraysh." "God will despise the man who despises Quraysh," the Prophet said. These utterances, quoted from Ma'rnar b. Rashid's Jflmi<,4I reflect the trend of the first-century traditions, which aimed at supporting Qurashi claims to sole authority over the community. The Umayyads were eager to emphasize the outstanding position of the caliph, his prestige and infallibility. One of the Umayyad caliphs claimed that the sins of the caliphs would not be counted and their faults would not be recorded." God creates the person destined for the caliphate in a special way: He strokes the forelock of that person with His hand, says a tradition." Obedience and respect for the rulers is incumbent on believers. The Qur>anic verse IV, 59, "0 ye who believe! Obey Allah and obey the messenger and those of you who are in authority ..." was interpreted as referring to obedience to God and subsequently to His Book (i.e., the Qur>fln).Obedience to the Prophet was interpreted 41 'Abd al-Razzaq, al-M~annaf, 11, 54-58, nos. 19893-905. 42 Al-Naysaburt, Gharii)ib al-qu'>iin wa-raghii>ibal-furqa«, 23, 88. 43 Al-Munawi, Fayi/, 1,266, no. 403; 2, 207, no. 1677 [with an additional phrase.jeIa taqa'u ir) is better than unlawful civil strife (jitna); neither of them is good (wa-kullun la khayra fih,), but one is better than the other." "It is necessary to have either a righteous or a libertine ruler" (la budda li-l-nasi min amirin barrin au !iijirin) is an utterance transmitted by several prominent personalities. When an.64 The high position of the ruler and his officials is indicated in an utterance of the Prophet: God has guards in heaven and on earth; God's guards 60 61 62 63 64 Ibn Saan,]. 103 Concepts of authority in Islam in heaven are the angels; His guards on earth are those who get their salaries (arziiq) and guard the people." The virtue of Muslim rulers in guarding the population and in developing the territories over which they ruled was sometimes extended to unbelievers. The Prophet is said to have forbidden cursing the Persians (al·, 1,333, no. 1074. Nur al-Din al-HaythamI, Majma', 5, 218-19. Ibid., 5, 218. Ibn Tawus, al-Malt1l}im toa-l-fitan, Najaf 1383/1963, p. 138. 107 Conceptsof authority in Islam he be."90 The danger of the amirs who might get the recognition is emphasized in the famous speech on the Day of the Hall attributed to Abu Bakr: the Muslims are not permitted to have two amirs. If this happens dissension will arise among them as to authority and law, their community will split and they will dispute among themselves. In this situation the sunna will be abandoned, bad innovations will appear itasharu l-bid'a), civil war (riots) will erupt (ta'~umu l-fitna), nobody will then follow the right path." Ibn 'Umar transmitted the utterance of the Prophet saying that violation of the oath of allegiance given to the ruler is treason." Revolt against the oppressing rulers is forbidden by the Prophet even in a case where the ruler appropriates to himself the share of the revenues (fay» decreed by the law for the believer." Abu Mas'ud al-Ansari prefers being humiliated to revolting and being punished in Hell in. the next world." On the basis of this injunction, Sa'Id b. al-Musayyab refused to give the oath of allegiance to two rulers, and quoted the tradition stating that the second claimant must be killed.t'" 90 91 92 93 94 100 'Abd al-Razzaq, al-Mu~annaf,l1, 344, no. 30714; see al-Shaukani, Nayl, 8,183, no. 5; al-Dhahabi, Miziin al-i'Iidal, 2,128, no. 3142 [idJui buyi'a li·khalifataynifa·qtulu I· alJdatha]; Ibn Kathlr, Tafsir I, 126 [some scholars were, however, of the opinion that the rule of two or more caliphs is permitted if they rule in distant territories; and see the discussion about the status of 'Ali and Mu'a· wiya as legal rulers]; Ibn Hajar, al-Isdba, 4, 199 inf.; al-Bayhaql , al-Sunan al·kubrd, 8, 144; Ahmad b. J:Ianbal, Musnad led. Shakir], 10, 3·4, no. 6501, 6, no. 6502 [and see the comments and references of the editor]. AI-BayhaqI. al-Sunan al·kubrd, 8, 145. Ibn al'isha,and her role in the conflict (i.e., between Talha and al-Zubayr and later on 'Ali K.) Abu Bakra characterized her as a "weak woman" and quoted the utterance of the Prophet that a people ruled by a woman will not be successful in its undertakings.!'" An utterance attributed to the Prophet says that the worst man killed in this world is the one killed (in the battlefield . K.) between two kings striving for (the goods of - K.) this world."! Abu Barza al-Aslami-'! applied the same terms in his assessment of the wars between the pretenders to the caliphate. Both of them (Marwan in Syria and Ibn al-Zubayr in Mecca) fought merely for [the goods of] this world (al·dunyii). Those called al-qurra' also fought for the gains of this world. Asked by his son what his injunction was in this situation, he said that one should join those who cleave "empty bellied [and devoid] of every possession" to the ground, not having on their backs (the sin of shedding· K.) any blood.!" As both parties involved in fighting were characterized as fighting for the cause of this world, the only solution was to stay away from both. The Companion Hudhayfa b. al-Yaman warned the people of the two parties struggling to achieve the benefits of this world: They both would be driven to Hell."! Ibn 'Umar was asked by a man whether to join al-Hajja] or Ibn Zubayr. He replied that no > 114 Nu'aym b. Hammad, al-Fitan, fol. 43b sup. 115 'Abd ai-Malik b . .I;Iabib, Kitab al-ioara', MS Madrid 5146b, fol. 18b: ...sharru qatilin qutila fi l-dunYii man qutila bayna malikayni yuridiini l-dunYii; and see a similar tradition: al-Munawt, Faye!, 4, 160, no. 4880: sharru qatflin bayna I-~affayni alJaduhumii yatlubu l-mulka. 116 See on him, e.g., Ibn .I;Iajar, Tahdntb al-tahdhib, 10, 446, no. 815. 117 See Nu'ayrn b . .l;lammad,al-Fitan, fol. 35b[andd. fol. 43a, 43b]; Ibn Ra's Ghanama, Maniiqil, fol. 72a; al-Hakim al-Naysaburi, al-Mustadrak [repr. Riyal;! n.d.], 4, 470/"1. 118 Nu'aym b . Hammad, al-Fitan, fol. 33b. 112 matter whom he joined in fighting, he would be sent to Hell.'!" In a harsh utterance Ibn 'Umar gave his assurance that al-Hajjaj, Ibn al-Zubayr, and the Khariji Najda would fall into Hell like flies falling into soup. He nevertheless hastened to prayer when he heard the mu'adhdhir: (scil. of one of the fighting parties· K.) call for prayer.!" Many traditions enjoin staying away from both rulers and insurgents.'!' The usual call of the insurgents was the appeal for the revival of the sunna of the Prophet. A well-known case is the message of Ibn al-Zubayr and the impressive reply of his mother: When Ibn al-Zubayr informed his mother that his adherents had defeated and deserted him while the Syrians offered him safety (aman), she told him: If you went out fighting for the revival of God's Book and the Prophet's sunna then die for your true faith, but if you went out for the cause of this world, then there is nothing good in you, no matter whether you are alive or dead.!" The Umayyad officials and commanders believed in their mission. Muslim b. 'Uqba considered his deed in Medina the most virtuous one: he kept allegiance to the legal caliph, defeated his enemies, and killed many of them. In his prayer before his death Muslim emphasizes that he "did not draw his hand away" from allegiance to the caliph, and there is no deed more righteous that could help him draw nearer to God than his action in Medina. "Therefore grant me Thy mercy," concluded Muslim his prayer.!" The case of the battle of the Harra became 119 AJ.I;lakim, al-Mustadrak, 4, 471; Nu'aym b. Hammad, al-Fitan, fol. 4Ob. 120 Nu'aym b. Hammad, al-Fitan, fol. 44a; cf. lAbd al-Iabbar al-Khaulant, Talrikh diirayyii, ed. Sa'Id al-Mghani, Damascus 1369/1950, pp. 78 inf.-79. 121 See, e.g., Nu'aym b. Hammad, al-Fitan, fols. 35a-48b. 122 See, e.g., Nu'aym b. Hammad, al-Fitan, fol. 43b. 123 Ibn Ra's Ghanama, Mamiqil, MS, fol. 81a; Ibn al-Jauzi, Risala Ii jawiiz, MS, fol. 22b. Cf. the story of al-Mansur and his comment on the will of al-Hajja]. AI-~ajjaj records the shahiida and expresses his full loyalty to al·Walid b. (Abd al-Malik (...wa-annahu Iii ya(ri!u ilia ta'ata I-walidi bni 'abdi I-malik. 'alayha yalfyii wa'lln readers used it as a ladder (to gain their ends - K.).149It was the hypocritical Qur>llnreaders, serving the rulers, against whom Sufyan directed his sharp words of criticism. "If you see a Qur>lln reader sheltering himself inside the gates of the ruler, know that he is a brigand (li~~); if he shelters himself under the doors of the rich, then know that he is a hypocrite.?"? A vivid picture of such a group of Qur>llnreaders looking for favours from the governor is recorded by al-Zajjaji. Al-Hasan al-Basri passed by a group of Qurrll> at the gate of 'Umar b. Hubayra, the governor appointed by 'Abd al-Malik, and said: "Why do you sit here with trimmed moustaches, shaved heads, sleeves cut short, and broadened shoes (mufalfaJ:za)? By God," said al-Hasan, "had you considered kings' possessions to be of little value they would have longed for what you possess; but you longed for what they have, and therefore they belittled what you have. You brought shame upon the (true - K.) Qurra', may God bring shame upon yoU."151 Sufyan was outspoken about any contacts with the rulers. "Dealing with Jews and Christians is more attractive to me (aJ:zabbu ilayya) than dealing with these leaders (umarii».152 To look into the 146 147 148 149 150 Ahmad b. l;IanbaI, al- Wara<' p. 57. Ibn Abi Hatim, Taqdima, pp. 105, 114; 'Abd aI-Malik b.Habtb, al- Wara<' fol. 17a. 'Abd aI·Malik b.l;Iabib, al·Wara" fol. 17b. Abu Nu'aym, /filya, 6, 376. Ibid., 6, 387; AI:tmad b. Hanbal, al- Wara', p. 114; and see al-Zandawaysitl , Raudat al-ayta l-a fain abgha4u il4lliihi min 'tilimin yazuru an and scholars of Muslim jurisprudence would be misled by Satan, who would induce them to visit the rulers and gain favours and profits, promising them that they would remain firm in their belief. "Alas, this will not happen," said Ibn a I-qur>ana wa-tafaqqahali /-dini, thumma atii ~ilI}ibasultan in (ama'an Ii-mali yadayhi (aba' MS Heb. Univ., fol. l00a: ... mak1}ul al-shami: al-qur>anu wa-I-fiqhu rifatun Ii l-dini, fa-man ta'allama I-qur>ana wa-I-fiqha wa-faqiha Ii l-dini thumma atii Mba I-sultani tamalluqan ilayhi wa·(ama is 168 Al-Mu'afa b. 'Imran, Kitab al-Zuhd, MS ?:ahiriyya, fol. 241a. 169 Ahmad b. Hanbal, al-Wara'. p. 60; Abu Nu'aym, /filya, 8, 242; Ibn 'Asakir, Ta)rikh, 6, 154; Ibn Sa'd, Tabaqat, 7, 115. 170 in),I16 Another version links the utterance about the , the wicked amirs, and the authority in contradistinction to the Qur>fm. "The millstone of Islam (ralja I· isliim)," says the Prophet, "will revolve; therefore move with the Book (i.e., Qur>fm)as the Book turns. Alas, the Book and the Authority, sultan, will part; therefore do not leave the Book. Alas, you will be ruled by amirs who will decree for themselves what they will not decree for you; if you obey them they will lead you astray, if you disobey them they will kill you." People asked: "How have we to act?" The Prophet answered: "Do as the companions of Jesus did: they were sawn by saws, they were borne on wood (i.e., tree trunks; they were crucified - K.). Death in obedience to God is better than life in disobedience to Him."!" The gloomy predictions about unjust and oppressive rulers, and forebodings about wicked Qur>flnreaders looking for favours at the doors of the governors, strengthened the tendency of the pious scholars to detach themselves from the rulers and their officials. There were, however, a few scholars who cherished some hopes of influence through edification and persuasion through visits to the courts of the rulers. They frequented the palaces of the governors and exhorted them, summoning them to repent and to act justly and equitably.':" Sufyan al-Thauri never reviled people of authority and even invoked the righteousness of the rulers; he nevertheless used to mention their defects and vices.P''Hudhayfa assumed that the call for 176 'Abd ai-Malik b.l;Iabib, al- Wara<, fol. 18b. 177 Abu Nu'aym, /filya, 5, 165-66; 'Abd ai-Malik b.Hablb, al-Wara', fol.l6a; d. al-Tabarani , al-Mu'jam al-¥Jghfr, 1,264; see another version: al-Suyiitl, al-Du"2, 300 penult.-301 sup.: ,..yUshiku l-sultanu wa-l-qu'>anu an yaqtatil4 wa-yatajarraqa ... 178 See, e.g., ~mad b.Hanbal, Musnad, 1, 17 no. 16. 179 Ibn Abi l;Iatim, Taqdimat al-ma(rifa, p. 97. 122 justice and the disapproval of wicked actions were laudable deeds. He further added that it is not permissible according to the sunna to draw weapons against the ruler.!" The Prophet enjoined obeying the rulers as long as they carried out their obligations in connection with prayer and its prescribed times.!" The current tradition enjoined the believers to pray behind the caliph or behind his deputy, which served in fact as recognition of his religious authority.!" Ibn 'Umar assumed that Ibn al-Zubayr, Najda, and al-Hajjaj would fall into Hell like flies, but he hurried to pray behind them when he heard the call of the mu>adhdhin.I83 Al-Hasan and al-Husayn prayed behind Marwan, although they used to revile him.!" If the ruler delayed the prayers, or if he was heedless in his performance of prayer, the believer was advised to pray at home, then to join the prayer of the congregation led by the ruler or his deputy in the mosque.!" The absence of the believer from common prayer led by the caliph or his deputy was a sign of denial of the ruler's authority. Such was the case with the Kiifans, who refrained from praying behind the appointed governor, al-Nu'rnan b. Bashir, did not join him during the prayers of the feasts, and wrote to al-Husayn to come to them as their imam. 186 Another obligation incumbent on believers was the jihad under the banner of their amirs, regardless of whether they were just or wicked. This view was defined by Ibn counted by al-Muhasibi as people who are used to visit the rulers and accept their gifts.!" Ibrahim al-Nakha'I in fact had close relations with the rulers: he used to fatten geese and give them as a gift to the rulers.!" Visiting them, he even asked for gifts.!" He used to sit in the mosque, and police guards and appointed tribal chiefs «urata» used to join him and talk with him. When reproached about it he said: "Would you like me to separate myself from people? They talk about what they like and we talk about what we like."!" Al-A'rnash was reproached for entering the abodes of the rulers; he responded that he considered them to be like a lavatory: he entered for his needs and then left.!" < Ikrima, the maulil of Ibn an readers who assume that a garment unlawfully gained and worn during the prayer makes the prayer null and void. Of this kind was the argument of the Khawarij that a dowry attained unlawfully annuls the marriage. Al-Muhasibi argues that the dowry, if unlawful, has to be replaced 194 195 196 197 198 199 200 A1-MuQiisibI, A (mal al·qulub, p. 220. Al-Fasawt, al-Ma(rifa wa·Ua>rikh, MS, fol. 189a. Ibn Sa'd, Tabaqat, 6, 279. Al-Fasawi, al·Ma(rija, fol. 188b; Ibn Sa'd, Tabaqiit, 6, 273. AbU Nu'aym, /filya, 5, 49. Ibn Sa'd, Tabaqiit, 1,29. A1-MuQiisibI, A'mal al·qulub, p. 221. 125 Concepts of authority in Islam by a lawful one, but that the marriage itself remains sound and becomes valid by the declaration of marriage.>" Somegroups regarded any cooperation with the rulers as assistance for them in their acts of oppression. Others prohibited aiding the authorities only in deeds directly connected with iniquity and oppression, and allowed cooperations in other fields. Some eminent and pious scholars had quite extreme opinions as to selling weapons and horses; they considered it serious disobedience (ma<#ya). Even in other fields they considered "it preferable not to cooperate with the rulers. To these groups of the pious belonged many famous ascetics; it is enough to mention , and to carry out other duties of authority. The pious, orthodox believers, acting in the spirit of the injunctions of the traditions of the Prophet, considered any revolt against the rulers a forbidden deed; they gladly practiced perseverance under the rule of unjust rulers and stuck to the community of the believers, attempting to avoid any contact with the authorities.r" A marginal group of ascetics who kept away from trade and industry and were reluctant to take part in military actions (scil. under the command of the amirs) is severely criticized by Muhasibi: commerce, industry, and other occupations were always practiced in Islam.f" In contradistinction to the dark picture of the evil ruler, Abii Yiisuf draws an impressive picture of the righteous ruler in his Kitiib alkhariij, which he dedicated to Haran al-Rashid, God by His grace and mercy established the rulers (wuliit al-amr) as His deputies on earth and granted them light; this enabled them to elucidate some obscure matters and explicate the duties incumbent upon them. The luminous light of the rulers is reflected in the revival of the sunan of the 201 Ibid., pp. 222-23. 202 Ibid., pp. 205·08. 203 Ibid., pp. 209-12. 126 righteous, the carrying out of the prescriptions of the Law of God, and the granting to the people of their rights. The evil of the shepherd spells doom for the subjects; if he is not aided by the virtuous and right, people are in danger of perdition.t" Traditions quoted by Abu Yiisuf emphasize the high position of the just ruler and his distinguished place on the Day of Resurrection; the most hated and chastised on the Day of Resurrection would be the wicked ruler.205The kind ruler, caring for the needs of his subjects, would be gently treated by God on the day when he spoke to God about his needs; the ruler who hindered the people from approaching him to ask that their needs be met would be prevented from gaining God's help for his needs.?" A great many traditions enjoin being faithful to the ruler, carrying out his orders, cleaving to the community, and honouring the authorities.>" The famous tradition granting Quraysh the sole position of rulers of the Muslim community is in some versions coupled with a proviso concerning the implementation of the rules of • justice, the precepts of the Qur>an, and the sunna of the Prophet. In certain traditions the good tidings about the duration of Qurashi rule are coupled with a threat that Quraysh would lose their authority if the rulers acted unjustly or violated the precepts of Islam; sometimes the solemn promise of Qurashi rule is followed by a curse for a ruler who acts iniquitously.r" All the traditions enjoin obedience and subordination to the rulers, even if the believer is treated with iniquity or is punished or harmed unjustly. Only in the event that he is faced with the choice between Islam and death must he prefer death.?" 204 205 206 207 208 Ibid., p. 5. Abu Yusuf, Kitab al-kharaj, p, 9. Ibid., pp, 9·10. See, e.g., ibid. Al-Bayhaqi, al-Sunan al-kubra, 8,143-44; al-Haythami, Majma< al-zawa)id, 5,192 inf.-193; al-Mundhiri, al-Targhib, 4, 222-23; Ibn Hajar al-Haytami, al-$awa'iq, p, 187; 'Abd al-Iabbar, TatMit dalii)i/ al-nubuwwa, 1,253; al-Munawi, Fay4, 3, 189, no. 3108. 209 See, e.g., Ibn Hajar al-Haytami, al-$awiiiq, p, 187 ult.-I88 sup.; al-Tabaranl, al-Mujam al-~aghir, 1, 152; al-Munawi, Fay4, 1, 498, no. 996; al-Haythami, Majma' al-zawa)id, 5, 192 sup. 127 Conceptsof authority in Islam Only one traditionenjoins rebellion in the case of an iniquitous ruler; the Prophet is said to have instructed the people as follows: Be loyal to Quraysh as long as they act justly towards you. If they do not act righteously put your swords on your shoulders and cut off their roots. If you do not do it, then be miserable like peasants living by their toilYo This tradition is included in Khallal's al-Musnad min masa'il ahmad. It is of interest that Ibn Hanbal, when asked about this tradition, denied its soundness, stating that the Prophet's utterances in this matter are contradictory; he quoted the wellknown traditions enjoining full and unconditioned obedience to the Qurashi rulers."! When asked about it another time, Ibn Hanbal stated that the true version as transmitted to him by Wak!' was confined to the first phrase: "Be loyal to Quraysh as long as they act justly towards you" (istaqimu li-qurayshin rna staqamu lakum).lI2 On another occasion Ahmad b. Hanbal marked the extended tradition of Thauban, quoted above, as munkar+" It is in fact not surprising that Ibn Qutayba recorded this utterance as one of the ideological arguments of the Khawarij.214 210 Shahridar b. Shirawayh, Firdaus al·akhbar, MS Chester Beatty 4139, fol. 35b; al-Haythami, Majma( al'ZIlwd'id, 5, 195, 22 8; Bahshal, Ta'rikh wasit, pp. 70· 71. [The tradition was misunderstood by the editor. The correct reading is: ala wa·/j (alaykum I}aqqun ... (p. 70, line 5 from bottom); and p. 71, line 1 read: fa-in lam ya/alil; p. 71, line 2 read wa·illa (instead of wa·lt1);fa·kilnil (instead of lakilnil); I}arrathfn (instead of kharrabfn»); al-Suyutt, lame al·jawdmi<, I, 107 sup.; al-Hakim, Ma'rifat al-suna», 1,67; al-Muttaqt l-Hindi, Kanz, 6, 35, no. 303; Ibn al-Athir, al-NiJulya, 4, 125 (s.v. qwm); al-Dhahabl Mfz4n al-i(tidal, 2, 272, no. 211 212 213 214 3697. Al-Khallal, al-Musnad min masd'il, MS, fol. 9b. Al-Khallal., al-Musnad min masd'il, MS, fol. 9b. Ibid., fol. 9b, inf.-10a. Ibn Qutayba, Ta'wfl mukhlalif al-l}adfth, p. 3.

The Sīrah Literature

sirah.pdf THE SIRAH LITERATURE Sirah literature (biography of the Prophet), inspired as it was by the imposing personality of the Prophet and bearing the marks of the stormy political events of the conquests, of the social changes in the Muslim community and of the struggle of the different factions, came into being in the period following the death of the Prophet. It developed in the first half of the first century of the hijrah, and by the end of that century the first full-length literary compilations were produced. The development of Sirah literature is closely linked with the transmission of the Hadith and should be viewed in connection with it. Most of the reports about utterances and orders of the Prophet were, during his lifetime, transmitted orally, and few of them seem to have been written down. Although some accounts about the recording of the utterances, deeds and orders dictated by the Prophet to his Companions are dubious and debatablel and should be examined with caution (and ultimately rejected), some of them seem to deserve trust. The pacts which the Prophet concluded with the different groupings in Medina after his arrival in that city were apparently written down so as to serve as the legal basis for their communal life. His letters to rulers, governors and chiefs of tribes are recorded in some of the compilations of the Sirah. The Sirah also contains accounts of pacts concluded between the Prophet and conquered tribes or localities and of grants bestowed upon tribal leaders. Information about tax-collectors appointed by the Prophet was conveyed to the tribal units to which they were dispatched. The news about the victories of the Prophet and his conquests were widely circulated in the vast areas of the Arabian Peninsula. All this material came to form an essential part of the Sirah. In addition to this, the affection of the Companions of the Prophet and 1 E.g., on the sahifah of' Ali, cf. Ahmad b. 1:1anbal,Musnad, II, nos 1306, 1307, 1297. The Prophet did not single out the' Alids by anything not granted to others; the only thing hy which they were singled out was the sahifah attached to the scabbard of' Ali's sword (or in other sources that of the Prophet or that of 'Umar). It contained some short utterances about taxes imposed on camels (or, according to some, sheep), about the sanctity of Medina, the obligation to give protection to the People of the Book, etc. 352 THE SIRAH LITERATURE 353 their loyalty, respect and awe for him, in contrast to the attitudes, customs and practices of other communities towards their rulers, leaders and chiefs, constituted a favourite topic of conversation at the gatherings of his Companions as well as of his enemies, and were embodied into the compilations of the STrah. The daily contacts of the Prophet with his family and relatives, his adherents and adversaries, formed the subject matter recorded by the transmitters. The STrah aimed at giving information about the men who aided the Prophet loyally and faithfully, about stubborn opponents and enemies who persecuted him and those who later fought him, about hypocrites who concealed unbelief and hatred in their souls and about Companions who suffered and fought for him. Consequently the STrah became a record of the life of contemporary society, reflecting as it did the mutual relations between tht> Prophet and this society. Every member of this society is therefore assessed as to his virtues, views and actions and is placed on a graded scale according to his rank as believer, fighter, adherent and supporter, or as enemy or hypocrite. It is thus plausible that, in the early compilations of the STrah, people eagerly compiled lists of the first men who embraced Islam, the first who suffered for the cause of Islam, the first who emigrated to Abyssinia, the first Medinans who gave the oath of allegiance, the men who opposed the Prophet in Mecca, etc. Later special treatises dedicated to such subjects, the awa'il, were compiled.2 The careful evaluation of the deeds and actions of the Companions of the Prophet gave rise to the compilation of biographies of the ~a4abah. Furthermore, certain passages in the Qur'an, pointing to some events in the life of the community, required explanation and elucidation. It was necessary to specify to what people or events certain expressions or phrases referred. For an interpretation to be reliable in the opinion of the Muslim community it had to be based on an utterance ascribed to the Prophet or to one of his Companions. These utterances, stories or reports expounded the background and the circumstances of the verses of the Qur'an, establishing to whom they referred and providing details of the event recorded. These groups of Traditions, forming an essential part of the Sirah, developed into an independent branch of Quranic exegesis, the asbab al-nuziil (" the reasons for the revelations "). The lengthy passages from the early Tafsir of al-KalbI recorded by Ibn Tawiis,3 the bulk of Traditions transmitted on this subject of the asbab al-nuziil by many scholars in their commentaries bear evidence to the richness of this material and its role in the interpretation of the Qur'an. On the other hand the Sirah compilations recorded verses of the Qur'an, providing corresponding 2 For the aw;li/literature, cf. Sezgin, GAS, I, 176, 196, l zz. 3 Sa'd, 20 9-20. 354 THE SiRAH LITERATURE material of the circumstances of the revelation. The development of Sirah literature thus ran on parallel lines with that of the Tafsir, intertwining and overlapping, corroborating and sometimes contradicting it. EARLY COMPILATIONS A subject of considerable importance in the formation of Sirah literature, comprehensively dealt with also in some commentaries on the Qur'an, was the stock of stories about the creation of the world, as well as about the messengers and prophets mentioned in the Qur'an, who were sent by God to different peoples. These stories were extended and supplemented by additional material derived from Jewish, Christian and Zoroastrian sources, transmitted by converts from these religions to Islam. It is evident that these" biblical stories" had to get the approval of the orthodox circles. This could only be achieved, as is usual in Islam, by an utterance transmitted on the authority of the Prophet. The utterance used in this case (" Narrate [traditions] concerning the Children of Israel and there is nothing objectionable [in that]") legitimized the flood of the "biblical" legends and stories which poured into the domain of Islam. The first compilation of this kind seems to have been the book of Hamrnad b. Salamah (d. 167/783), a contemporary of Ibn Ishaq, entitled Akhbtir Bani Isrii'il. The process of elaborating and enlarging upon the stories of the Qur'an widened the scope of the Muslim conception of history. The biography of Muhammad and the formation of his community were decreed by God before the creation of Adam. Muhammad was destined to be a prophet long before the creation of Adam. Were it not for Muhammad, God would not have created Adam. Nine thousand years before things were created, says a Tradition, God created the Light of Muhammad, This Light turned around the Power (qudrah) and praised Him. From this Light God created a jewel; from this jewel He created sweet water and granted it His blessing. For a thousand years the water raged and could not come to rest. Then, from this Light God created ten things: the Throne, the Pen, the Tablet, the Moon, the Sun, the Stars, the Angels, the Light of the Believers, the Chair and Muhammad, The Light of Muhammad, which resided in the pure ancestors of the Prophet, was transmitted in the line of descendants until it reached the Prophet. God granted Adam the ku,!)ah (honorific name) Abu Muhammad, The name of Muhammad is written on the Throne of God; Adam saw this inscription when he was created. When he committed his sin, he begged God to forgive him by referring to the name of Muhammad, EARLY COMPILATIONS 355 The contact between the Muslim conquerors and the population of the conquered territories, bearers of ancient cultural and religious traditions with a rich lore of prophetical beliefs and stories, brought about the appearance of literature concerning the miracles of the Prophet. Stories about miracles, either performed by the Prophet himself or wrought for him by God, were widely current and were later collected; compilations of stories about his miracles were Amarii! al-nubuwwah, A'Iam al-nubuwwah, Dala'il al-nubuwwah. The miraculous power granted the Prophet by God, and his extraordinary feats, are often compared in these books with the miracles performed by the preceding prophets.! Tradition emphasizes that the Prophet was superior to other prophets in the graces granted to him and the miracles performed by him. God enjoined the prophets to tell their peoples of the appearance of Muhammad and to bid them embrace his faith. The assumption that this genre of the dala'il grew up under the impact of the contact with other faiths is confirmed by the account of a letter sent by Hartin al-Rashld to the Byzantine emperor in which he recorded the "proofs of the prophethood" (a'Iam al-nubuwwah) of Muhammad. The letter was compiled by Abii 'l-Rabi' Muhammad b. al-Layth al-Qurashi after a detailed perusal of the" books of the foreigners". 5 Al-Ma'miin, the son of Harun, is credited with a book entitled A'Iam al-nubuwwah; this seems to be the earliest compilation on this subject. It was followed by a treatise of al-j ahiz (d. 256/870), entitled Dala'il al-nubuwwah,6 and by al-j uzajani's (d. 259/873) Amaral al-nubuwwah. Later Ibn Qutaybah (d. 276/889) compiled his A'Iam al-nubuwwah. Books of dala"'il al-nubuwwah were compiled in the same period by Ibn Abi 'l-Dunya (d. 281/894) and Ibrahim al-Harbl, Other dala"'il books were compiled by al-Firyabi (d. 301/914), Ibrahim b. Harnmad b. Isbaq (d. 323/935), Muhammad b. al-Hasan al-Naqqash (d. 351/962), Abii 'l-Shaykh al-Isfahanl (d. 369/979), Muhammad b. 'Ali al-Shashi (d. 365/975) and Abii Hafs 'Umar b. Shahin (d. 386/996). A comprehensive book of dala"'iI, entitled Sharaf al-Mu~(afa, was compiled by 'Abd ai-Malik b. Muhammad al-Khargiishi (d. 407/1016). The" proofs of prophethood " form a considerable part of this compilation; however, it contains extremely rich material about the life of the Prophet. The author touches upon the pedigree of the Prophet, his virtues, his battles, his proverbs, his dreams, virtues of his family, virtues of Medina and of the Mosque of the Prophet, virtues of his Companions, virtues of Mecca and stories foretelling the appearance of the Prophet. AlKhargushi's book was widely circulated and it is often quoted by both • See e.g. al-Mawardl, A'liim, 68-70. 5 'Abd al-Jabbiir, Tathbit, I, 77-8. • Cf. al-Sandiibi, Rasa~iI, 1'7-14; Ift9aj al-nlihli/ll/llah. THE SiRAH LITERATURE Sunni and Shl'i authors. The famous Mu'tazili scholar 'Abd al-jabbar al-Hamadhani (d. 415/1024) discusses in his Tathbit dala'il al-nubuwwah the miracles of the Prophet against a wide background of historical situation, having recourse to comparisons with other religions and entering into polemics with the unorthodox sects of Islam. The compilations of the first half of the fifth century, the Dala'il of Abu Bakr Ahmad al-Bayhaql (d. 458/1066) and the Dala'il of Abu Nu'aym al-Isfahani (d. 430/1038), became very popular. Another book of dald'i! was written in the same period by Abu Dharr al-Harawi (d. 435/1043). Often quoted in later compilations of the Sirah literature is the compilation of the great scholar al-Mawardi (d. 450/1058), A'lam al-nubuwwah. In the same period, the Dala"'il of al-Mustaghfiri (d. 432/1040) was compiled. Among the many compilations of this genre the famous book of Qadl 'I ya<;l. al-Yahsubl (d. 544/ 1149), al-Shifa"' fi ta'rif I;uqiiq al-Mu{tafa, deserves special mention; it became one of the most popular and most admired books in some Muslim countries. The glorification of the person of the Prophet, as expounded in these compilations of the" proofs of prophethood ", was indeed a continuation of a very early trend which, as mentioned above, began shortly after the death of the Prophet. The miracles wrought by the Prophet, or for him, form an essential part of the Sirah of Ibn Ishaq ; in the Jami' of Ma'mar b. Rashid, a special chapter is devoted to this subject. Miraculous elements were included in the Sirah of Miisa b. 'Uqbah? and in the Sirah traditions reported by al-Zuhri.8 The earliest Sirah compilation, the Sirah of Wahb b. Munabbih (d. 110/728 or 114/732), contains an unusual amount of miraculous stories as attested by the fragments of the papyri." Flick was right in his conjecture, made before he read the fragments of the papyri, that the Sirah of Wahb was a work in which truth and legend about the life of the Prophet were interwoven, turning it into an entertaining story. 10 Indeed, the fragments of the papyri of Wahb contain the same kind of miraculous elements as can be found in later compilations. The role of the Devil in the council of the Meccans, convened to get rid of Muhammad, corresponds to what we have in later biographies of the Prophet. The setting of the story of the hijrah in the papyrus is similar to the accounts in later compilations: it contains, for instance, the miraculous story of Umm Ma'bad, recorded, with few variants, in almost every later Sirah; the story of Suraqah ; the story of the dove and the spider at the entrance of the cave and the dust thrown at the heads of the watching Qurashi guard , Cf. e.g. Sachau, "Berliner Fragment", 469 (the story of Suraqah}; 470 (the Prophet sees in his dream Jesus performing the circumambulation of the Ka'bah). 8 Duri, "al-Zuhri", the story of Suraqah. • Khoury, Wahb b. Mllnabbih, 1I8-7j. 10 Fuck, Mllqammad, 4. EARLY COMPILATIONS 357 besieging the house. All these stories are essential elements of the later biographies. Some passages of the papyrus of Wahb cannot, however, be traced in later compilations; they were apparently discarded. Such are the cases of al-Tufayl b. al-Harith's letter to Ja'far b. Abl Talib in Abyssinia and the story of Abu Bakr's meeting with the Devil; neither could be traced in other stories. A part of the papyrus contains a record of an expedition of 'All against Khath'am. This story fully attests the impact of the Shl'l trend on the development of early Sirah literature. A number of scholars have analysed with insight the various stages of the early compilations. The fragments of Wahb's Sirah corroborate the conjectures of these scholars about the popular and entertaining character of the early Sirah stories, a blend of miraculous narratives, edifying anecdotes and records of battles in which sometimes ideological and political tendencies can be discerned. These stories were widely circulated among the believers; pious men used to narrate the Sirah in mosques and to discuss the maghazi at their meetings. It was considered less binding as a duty to narrate the maghazi than to transmit utterances of the Prophet. Scholars refrained from recording Hadith utterances transmitted by unreliable scholars while they did not hesitate to relate maghazi material on their authority. It was only later, in the first half of the second century, that Haditb scholars reacted strongly against the popular Sirah literature and made attempts to discard dubious folk-stories by applying strict rules of Hadith criticism. They did not, however, succeed; the Sirah literature absorbed these narratives and they continued to be transmitted there. The fragment of Wahb's papyrus reflects the very early stage of the formation of the legendary type of Sirah; the Sirah of Ibn ISQaq is in fact a selective collection of this material. Late compilations such as al-Sirah al-If.alabryyah, al-Sirah al-Shamryyah, al-Zurqanl's Shar4 al-Mawahib and Mughultay's al-Zahr al-bdsim contain references to early popular Traditions not incorporated in the generally approved Sirah compilations. POETRY IN THE SiRAH A characteristic feature of early Sirah literature is the numerous poetical insertions.P The heroes of the stories narrated often improvise verses referring to the events recorded; in these poetical passages opponents blame others in verse, fighters expound their virtues and extol the virtues of their clans or their leaders, poets or relatives bewail the warriors killed in battle. These poetical compositions are generally of rather poor quality. The poetical passages attached to the maghazi stories closely resemble the 11 Cf. below cap. 18, "The poetry of the Siroh literature". THE SIRAH LITERATURE poetry of the ~yam (days of battle). A part of this poetry is false, and some of these forgeries were convincingly shown to be so by 'Arafat;12 a certain portion seems, however, to be authentic. But even the fake poems, reflecting as they do the internal struggles in the Muslim community, are of some importance: the historical allusions in .these verses may help to gain an insight into the event referred to; the activity of the forgers had its inception in the first decades of the first century, and the forgers were closely acquainted with the details of the event. Of interest are popular verses in the Sirah literature. Some are attributed to unseen persons, who recited them to the jinn, to idols, to the Devil or to his progeny. Such specimens of popular poetry can be found in the fragments of Wahb's Sirah, in the compilations of Ibn ISQaq,al-Tabari, Abu Nu'aym, al-Bayhaql and in the later biographies of the Prophet. This trend is well represented in the Sirah compilations of Abu 'l-Hasan al-Bakrl, Poems in praise of the Prophet preserve elements of the laudatory poems addressed to tribal leaders. The contents of the eulogies of the Prophet differ, however, in some respects; they specially stress his prophetic mission, emphasize his spiritual qualities, praise the new religion and point out personal or tribal allegiance to the Prophet and Islam. They breathe a spirit of the new faith and stress the moral values of Islam, often coupling them with the old ideas of tribal pride and boasting. Some observations on the change of attitude towards poetry in the early period of Islam may help us to gain a better insight for evaluating the poetry of the Sirah. The attitude towards poets and poetry in the Qur'an was clearly and explicitly unfavourable.P Some pious circles persisted in their negative attitude towards profane poetry, further supporting their argument by the famous utterance attributed to the Prophet: "It is better for a man that his body be full of pus than that he be full of poems."14 It is in accordance with this view that 'A'ishah vigorously denies, in a Tradition attributed to her, the claim that Abu Bakr ever recited poetry. In a speech ascribed to Mu'dwiyah poetry is counted among the seven things forbidden by the Prophet. A version of the Prophet's saying contains the following addition, which demonstrates the tendency to restrict its scope: "than that he be full of poems by which I was satirized" .15According to this enlarged version the transmission of poetry which does not contain satirical verses against the Prophet is permitted. 12 'Ararat, "Aspect", 31-3; 'Ararat, "Early critics", 4l3-63. 13 Qur'an, xxvi.ZZI-8. 1. Goldziher, Mlls/im S tudies, II, 16. 16 AI-SubkI, Tabaqdt, I, zz6-8. POETRY IN THE SiRAH 359 The same trend of concession and compromise is reflected in another Tradition attributed to the Prophet. The Prophet is said to have stated that some poetry is wisdom. A considerable part of poetry containing aphorism, exhortation, edification or moralizing clearly won the approval of orthodox circles. Another utterance attributed to the Prophet permits poetry if its aim is to gain justice from oppression, to gain means of deliverance from poverty and expression of gratitude for a favour received. It was pointed out that the reason why the transmission of poetry was forbidden was the fact that it served to excite inter-tribal discussions and disunity. The libellous and defamatory verses which might threaten the peaceful relations in Islamic society were dangerous and harmful. Such poetry was censured and rejected. But poetry supporting the Prophet and his struggle against the Unbelievers and verses written for the cause of Islam were, of course, praiseworthy. The exceptive phrase in Qur'an xxvi.zzS was explained as referring to the poets of the Prophet, who were commended. They were described as striking the Unbelievers with their verses. Consequently Sirah literature and adab compilations record stories that the Prophet encouraged poets who composed poems in praise of God, and liked to listen to good and beautiful poetry recited by poets. Abu Bakr, a Tradition says, came to the Prophet and, in his presence, met a poet who recited a poem. Abu Bakr asked: "How is that? Qur'an and poetry?" "Sometimes Qur'an and sometimes poetry," answered the Prophet.P There was thus good poetry, which was permitted and which the Prophet even sometimes recited, and bad poetry, which was forbidden. 'A'ishah formulated it as follows: "There is good and bad poetry: take the good and leave the bad."17 A similar Tradition is attributed to the Prophet: "Poetry is like speech; good poetry is like good speech, bad poetry is like bad speech.Yl" According to this utterance the ban on poetry is almost entirely lifted; the listener had to distinguish between good and bad poetry and choose the good, just as he ought to distinguish between good and bad speech and choose the good. The pious Ibn 'Umar indeed acted in this way: he listened to a recitation of a poet; when the poet began to recite unseemly verses he stopped him. A further step in the development of the favourable attitude towards poetry was the legitimization of Jahiliyyah verse. A Tradition, attributed to the Prophet on the authority of Abu Hurayrah, states that the Prophet gave licence for the transmission of Jahiliyyah poetry with the exception 16 17 18 Al-Isfahanl, Muqa4arat, r, 79. AI-JIlini, Fadl, II, 314, no. 866. Qurtubl, Jam,', XIII, r 50. THE SIRAH LITERATURE of two poems (one of Vmayyah b. AbI 'I-Salt, the other of al-A'sha). The same idea is reflected in Traditions that the Prophet used to sit with his Companions and listen to their recitation of pre-Islamic poetry, smiling (that is, with approval). Among the pieces recited in the presence of the Prophet are verses of praise, of contemplation on life and death, of belief and piety; there are also some erotic verses, verses recited by women at a wedding celebration, and even a complaint of a poet deserted by his wife.l" The favourable attitude towards poetry is represented in Traditions stating that the four Orthodox Caliphs were poets, that they either quoted verses or listened to recitations of poems. 'A'ishah is said to have had a good know lege of poetry; she recited verses of JihilI poets and encouraged people to study poetry. Ibn Mas'fid used to recite poetry of the cryyam (battles of the pre-Islamic Arabs). Abu Dharr (d. 604/ I 2°7) quotes an opinion of a Muslim scholar, that the ban on the transmission of poetry was imposed when there were conflicts between Muslims and unbelievers. But once people had embraced Islam and animosities between believers had disappeared there was no objection to transmitting poetry. This view is in fact based on the actual situation in Muslim society of the first century. Poetry was widely transmitted; poems were recited at private meetings, in the markets and even in the mosques. The great scholar al-Sha'bI (d. 103/721) recited poetry in the mosque of Kufa. 'Abdullah b. al-Zubayr was surprised to find a group of people reciting poetry in the court of the mosque of Mecca; they argued that it was not the kind of poetry which was forbidden. When 'Vmar reproached Hassan for reciting poetry in the mosque of Medina, he said: "I recited poetry in this mosque in the presence of a man who was better than you." Hassan was referring, of course, to the Prophet. 'Vmar left him and permitted poetry to be recited in the mosque. Muhammad b. Slrln was asked, when in the mosque, whether it was permitted to recite poetry during the month of Ramadan (some people even went so far as to claim that recitation of poetry nullified the ritual ablution). He immediately recited a verse which was far from being chaste, and stood up straightaway to lead the prayer. It was Ibn SIrIn who, when rebuked for reciting a J ahilI verse, said: "What is disliked is poetry composed in Islam; poetry composed in the period of the Jahiliyyah has already been condoned." It is possible to guess at the identity of those who persisted consistently in stubborn opposition to the transmission of poetry from a significant remark by Sa'Id b. al-Musayyab. Having been told that some people in Iraq disliked poetry, he said: "They became ascetics in a non-Arab fashion." 19 See al-A'sha, Dfwiin, 218-19. POETRY IN THE SiRAH Transmission of poetry was encouraged by rulers and governors; poetry became one of the subjects essential to the education of the Umayyad prince. Poetry continued to be one of the most favoured preoccupations of Muslim society in the first century and even fighting troops on the battlefield showed a vivid interest in it. What poet surpasses others in the art of poetry? Who is the best poet? These were common subjects of talk and discussion. An alleged saying of the Prophet accurately reflects the love of poetry of the Arabs: "They will not give up poetry until camels give up yearning [for their resting places ]."20 Ibn AbI 'l-Sa'ib al-Makhziimi expounded it in an utterance very much to the point: "By God, were poetry banned, we would be punished at court several times every day [that is, for reciting it]. "21 The origin of the Sirab poetry, its formation and growth have to be viewed against the background of the uninterrupted transmission of poetry and the struggle for its legitimization. Simple, not elaborate, but vivid, it became a regular component of the early Sirab literature, and was popular and widespread. It was not earlier than the second/eighth century that the content of the early Sirahs came under the scrutiny of scholars and the criteria of ijad{th scholars were applied to assess their validity. This applied to the poetry in the S{rah as well as to its prose portions. GENEALOGY Genealogy was an essential subject of the S{rah literature. Traditions stress the purity of the Prophet's pedigree and the qualities of his ancestors. Special chapters were dedicated to the virtues of Quraysh and the family of the Prophet, the Hashimites. Utterances attributed to the Prophet tried to prove that there was a close link between the ancestors of the Prophet and Islam. Ka'b b. Lu'ayy is said to have foretold the appearance of the Prophet. The Prophet is said to have forbidden the disparagement of Mudar because he was a proto-Muslim. Other versions of the utterance of the Prophet forbid the disparagement of RabI'ah, Imru' al-Qays, Asad b. Khuzaymah, Tamlm and al-Harith b. Ka'b; they all were said to have been Muslims or believers in the faith of Abraham. Another list of the ancestors of the Prophet whom it was forbidden to abuse, because they were true believers, includes 'Adnan, Ma'add, Udad, Khuzaymah, Tamim, Asad and Dabbah. Khuzaymah b. Mudrikah was the first who uttered the testimony of faith. Al-Yas b. Mudar was also a true Believer; he was the first who offered 20 21 Ibn Rashiq, 'Umdah, Ibid. I, 17. THE SIRAH LITERATURE sacrifices in the baram of Mecca and it is forbidden to abuse him. Ma'add was a follower of the Hanlfiyyah of Ibrahim (Abraham), 'Adnan acted according to the Hanlfiyyah ; he was the first who clothed the Ka'bah with leather clothes. Nizar was endowed with the "light of prophethood", which was handed on to Muhammad, The glory of the pedigree of the Prophet was extended, as a matter of course, to include the whole of Quraysh; the idea of the excellency of Quraysh was embodied in the rich literature of Fac/ii'il QurC!Jsh. Quraysh, says a Tradition traced back to 'Abdullah b. 'Abbas, were the light in the presence of God two thousand years before the creation of Adam; this light, reposited first in Adam, passed on and was transmitted to the Prophet.V The excellence of the pedigree of the Prophet is formulated in an utterance of the Prophet: "The best of the Arabs are Mudar ; the best of Mudar are 'Abd Manaf; the best of 'Abd Manaf are Banu Hashim; the best of Banii Hashim are Bami 'Abd al-Muttalib, By God, since God created Adam never was there a division of people into two parts without my being in the better one.'?" An opposite tendency, that of depreciating the excellence of Quraysh, is evident in a Tradition stating that all the Arab tribes have their share in the pedigree of the Prophet. Pious circles in the Muslim community, struggling against the excessive study of genealogy, nevertheless stressed the value and importance of the genealogy of the Prophet. The interdiction on tracing genealogical lineages beyond Ma'add was not followed in the case of the pedigree of the Prophet; his genealogy was traced back to Abraham and the close link of descent and prophecy between him and Abraham was especially stressed. FACTIONALISM The constant struggles between the various political and ideological factions in Islamic society left their mark on the formation of the Sirah. Invented stories and alleged utterances served the cause of the rulers, pretenders and rebels. Some examples are quoted below. The 'Abbasid bias can be clearly seen in the story of the attempt to sacrifice the father of the Prophet, 'Abdullah. It was al-f Abbas, according to this version, who drew him out from under the feet of 'Abd al-Muttalib, trying to save his life. It was al-'Abbas who was the first to kiss the Prophet after he was born; his mother took him to the abode of Aminah, the Prophet's mother, and the women in the house drew him to the cradle of the Prophet, encouraging him and saying: "Kiss thy brother!" The same tendency is evident in the story that al-'Abbas took the oath of .2 Ghanamah, Maniiqil, fols 3b-4a. •• Suyutl, Durr, III, '94-j. FACTIONALISM allegiance from the An~ar for the Prophet at the 'Aqabah meeting. Not less tendentious is the report that al-'Abbas embraced Islam before the battle of Badr and served as a spy of the Prophet in Mecca. The utterance attributed to the Prophet, "Al-'Abbas is indeed my trustee (wa!i) and my heir; 'All and I are closely related",24 bears the mark of an 'Abbasid and anti-Shi'ite tradition, standing in contrast to the ShI'I tradition about the trusteeship of 'AII.25 The general expression '''AlI and I are closely related" merely serves to emphasize the special position of 'Abbas. The famous utterance of the Prophet known as the" Tradition of the Garment" (Ifadith al-kisa"'), when he is said to have covered 'AlI, al-Hasan and al-Husayn with a garment, establishes the entity of the" Family of the Prophet" (AM al-Bt!Yt) and provides an essential argument for the legitimacy of 'All's claim to the caliphate; it has its counterpart in an opposing Tradition, according to which the Prophet covered al-'Abbas and his sons with a garment and said that they were the Family. It is not surprising to find a ShI'I Tradition describing how al-'Abbas and Abu Lahab instigated people against the Prophet and publicly denounced him as a liar. The Tradition about the pact of fraternity (mu'akhah) between the Prophet and 'AII26 is contradicted by a Tradition that the Prophet said: "If I had chosen a friend I would have chosen Abu Bakr, but he is my brother and Companion.t'P? The Tradition which talks about the close fraternal relation between the Prophet and 'AlI is of crucial importance for proving 'AlI's legitimate claim to the caliphate. The contradictory reports about the first man to embrace Islam, whether it was Abu Bakr, 'Allor Zayd b. Harithah, reflect the different opinions of the religio-political parties. The ShI'ah vigorously affirm, of course, that the first believer was 'AlI. An Umayyad bias can be noticed in a peculiar Tradition reporting that the family of Abu Sufyan, himself an Umayyad, were the first to be admonished and warned by the Prophet. Abu Sufyan rejected the scornful words of his wife, saying that the Prophet was not a liar or a wizard. There are divergent and contradictory reports about various events in the life of the Prophet. Some incidents, even very prominent ones, are subject to debate by transmitters and scholars. Only a few cases may be reviewed here. Varying Traditions about the number and identity of the children of the Prophet were further blurred by the tendentious inventions of the AI-MuttaqI 'I-HindI, Kanz, XII, 280, no. ,649, .6 GanjI, Kifiiyat, 260-1. .8 Ibid., '92-3 . • 7 Ibn AbI 'l-Hadld, Shar~ nahj al-baliipha, XI, 49. .4 THE SIRAH LITERATURE religio-political factions. A ShI'I report stated that Ruqayyah and Zaynab were the daughters of Halah, the sister of Khadljah ; another Tradition claimed that they were the daughters of J ahsh, 28 This served as a weighty argument in ShI'I polemics against 'Uthman, who was called Dhii '1-Nurayn, it was said, because he had married two daughters of the Prophet. There are different reports also about the date of birth of the Prophet, of his revelation, about the age of Khadijah when she married the Prophet, about the hijrah, the change of the qiblah (direction of prayer) and about the chronology of the battles and raids of the Prophet. Lists of participants in crucial events were deliberately rearranged or changed. Some of the An~ar, says a report of Ibn al-Kalbi and al-WaqidI, omitted certain names from the list of participants at the' Aqabah meeting, substituting the names of their relatives, who had not attended the meeting. The lists of participants at the battle of Badr were also a subject of debate. Ibn Sa'd felt constrained to consult the genealogy of the Ansar, and having done this, he removed a spurious name from the list of those who took part in the battle of Badr.P" The reports about the number of the Companions who were present at the oath of allegiance at al-I:fudaybiyah are divergent. There were conflicting Traditions about the person appointed to take charge of Medina when the Prophet went out to Badr and the one bidden to divide the booty after the battle. Reports concerning the warriors who remained with the Prophet at Uhud and those who deserted the battlefield are similarly divergent; among the latter group ShI'I tradition counts Abu Bakr, 'Umar and 'Uthrnan, while' AlI was, of course, of those who stayed with the Prophet and defended him. How far political interests had a bearing upon the transmission of the Sirah can be seen in the following story. Al-ZuhrI told his student, Ma'mar b. Rashid, that it was 'AlI who had written out the treaty of al-Hudaybiyah, and added, laughing: "If you asked these people they would say it was 'Uthrnan who wrote the treaty." By" these people", Ma'mar remarks, "He meant the Umayyads.t'P" Another anecdote illustrates the attempts made by the Umayyads and their governors to denigrate 'AlI in the Sirah. Khalid b. 'Abdullah al-Qasri bade al-Zuhrl write down the Sirah for him. AI-ZuhrI asked: "If I come across events related to 'AlI, may I mention them?" "No," said Khalid, "except when you see him in the lowest part of Hell. "31 In another story al-Zuhri courageously refuses to transfer the guilt of slandering of' A'ishah from 'Abdullah b. Ubayy to 'AlI.32 28 2. 31 Ibn Shahrashub, Malliiqib iii Abi Tiilib, Ibn Sa'd, Tabaqdt, III, j' 3. Horovitz," Biographies ", 49. I, '38, '40. 30 32 'Abd al-Razzaq, Mu{allllaj, v, 343, no. 9722. Horowitz, "Biographies ", I. C. II, 41. FACTIONALISM The favours bestowed on al-Zuhri by the Umayyads and the close relations between him and the rulers aroused the suspicions of independent Haditb scholars as to his integrity. The pious Sa'd b. Ibrahim b. 'Abd al-Rahman b. 'Awf chided al-ZuhrI for transmitting a qadith in which the Prophet said that a caliph may not be invoked. Sa'd mentioned a case in which the Prophet was invoked and said: " How can it be that the Prophet was invoked and ai-Wand should not be invoked P'" It is evident that the aim of the Tradition invented was to encourage respect for the Umayyad rulers. Salamah b. DInar Abu Hazim, a pious scholar, sent to al-Zuhri a lengthy letter censuring him for his co-operation with the oppressive Umayyad rulers and criticizing him severely for helping them in caring for their power and authority and in their aiming at worldly gain. He serves the oppressive rulers, "who have turned him into the axle of the wheel of their falsehood and into a bridge for their deceit and error", says Salamah. By his services they sow doubts in the souls of scholars and gain the favour of the ignorant. It is hard to deny that these accusations have some foundation, and the assertion that he (i.e. al-ZuhrI) "was not influenced by political parties and tried to give an impartial account of what he had seen in Medina "34 is open to doubt. The possibility that his Traditions concerning the STrah were influenced by his ties with the Umayyad court cannot be excluded. ShI'I scholars counted him among the Traditionists whose attitude towards' All was hostile. Although highly respected by Sunni scholars engaged in assessing the credibility of Ff.adTthtransmitters Uarq wa-ta'dTI), he was nevertheless recorded in the lists of the mudallisiin. An early report of al-Asrna'I, traced back to Hisham b. 'Urwah, states that al-ZuhrI used to expand or abbreviate the long accounts recorded by his father, 'Urwah. A closer examination of the activities of al-ZuhrI and of the Traditions transmitted by him may help us to acquire an insight into the formative stage of the development of Sirab lore and Haditb. It is, furthermore, important for the evaluation of the formation of Sirah literature to consider the differences between the various schools of Tradition, especially those between Medina and Iraq. These differences were often pointed out in the literature of Hadith and a special compilation was dedicated to this problem. The attacks against the Iraqi school were fierce and passionate, and the Traditions of its scholars were often stigmatized as lies. It is noteworthy also that divergences and contradictions could be found between the accounts transmitted by the disciples of the same Traditionist. 33 3' Ibn Durayd, Mujtana, II. Dud, "al-Zuhri", roff, THE SiRAH LITERATURE MAJOR SiRAH COMPILATIONS The section on the biography of the Prophet in the Ta'rikh of al-Tabari (d. 310/922) records a wealth of early Traditions carefully provided with isndds. The philologist and commentator on the Qur'an, al-Zajjaj (d. 3II/923) is credited with a Maghazicompilation.35 Muhammad b. Hartin al-Ansari al-DimashqI (d. 353/964) wrote a book entitled ~iJat al-nabi. The great scholar of Haditb, Muhammad b. Hibban al-Bustl (d. 354/965), the author of a book on the ~aqabah, compiled a biography of the Prophet. At the end of the fourth century the philologist Ahmad b. Faris compiled a book on the names of the Prophet and another about the life of the Prophet. A concise 5 irah compiled by Ibn Hazm (d. 456/1064)36 was based on the terse biography of the Prophet composed by Ibn 'Abd ai-Barr (d. 463/1071), al- Durar .ft' khti!ari I-magnazi tua-l-siyar, The later compilations, like the commentary of al-SuhaylI (d. 581/1185) on Ibn Hisharn's Sirah, al-Rawq al-unuJ, the Bid4Jat al-su'iil of'Abd al-'AzIz b. 'Abd al-Salarn al-SulamI (d. 660/1262), the K. al-1lr-tiJa' of al-Kala'I (d. 634/1236), the Kheldsat siyar St!Yyid al-basbar of al-Muhibb al-Tabari (d. 684/1285), the 'Uyiin al-atbar of Ibn Sayyid al-Nas (d. 734/1333), the section of the Sirah in al-Nuwayri's (d. 732/1331), Nih4Jat al-arab, and the section of the Sfrah in Ibn KathIr's (d. 774/1372) al-Bid4Jah wa-'I-nih4Jah contain a great number of early Traditions derived from lost or hitherto unpublished compilations. Of special importance is the work of Mughultay (d. 762/1360), al-Zahr al-bdsim, Arguing in his polemic against al-SuhaylI's al-Rawq al-unuJ, Mughultay records an unusually large number of quotations from various recensions of diwans, collections of poetry, compilations of genealogy, philology, lexicography, commentaries on the Qur'an, biographies of the Prophet, books of adab and history. The painstaking efforts of Mughultay to establish correct readings, his checking of variants, his pursuit of every record and Tradition, his comprehensive knowledge, turn his compilation into a veritable treasure for the study of Sirah literature and help towards a better understanding of the controversial ideas of the scholars about the activities of the Prophet and his personality. Summarizing compilations of the Sirab were provided by Yahya b. AbI Bakr al-'Amiri (d. 893/1488) in his Babiab, and by Taql 'I-DIn al-Maqrlzi (d. 845/1441) in his Imtd', Three late compilations deserve special attention: theSubul( = Sfrahal-Shamryyah) of Muhammad b. Yusuf al-Salihi (d. 942/1535), the lnsdn al-'''!}'iin.ft sirat al-amin al-ma'miin (= al-Sirah al-fJalabryyah) of'AlIb. Burhan al-Dln (d. 1044/1634), and the commentary '5 Cf. cap. 16, "The Maghiizi literature". 38 Jawami'. MAJOR SiRAH COMPILATIONS by al-Zurqani (d. 1122/1710) on the al-Mawahib al-Iadunryyah of al-Qastallanl (d. 923/15 17)' Al-Sirah al-Shamryyah is one of the most comprehensive compilations of the biography of the Prophet. Al-~alil).I drew, according to his statement in the preface, on more than three hundred books. He accumulated an enormous number of Traditions, narratives and reports from sirab compilations, Haditb collections, books of dala"'il, shama"'il, kha{a"'i{, histories of cities and dynasties, biographies of transmitters of Haditb, and treatises of asceticism and piety, recording carefully the variants of the reported Traditions and attaching detailed lexicographical explanations of difficult words and phrases. AI-Sirah al-Fjalabryyah, although extracted mainly from al-Sirah alShamryyah, contains a great deal of additions by al-Halabi. It is one of the characteristic features of this compilation that al-Halabi records divergent and contradictory Traditions and strives to harmonize them. Al-Zurqani gives, in his meticulous commentary, a wealth of Traditions corroborating or contradicting the reports recorded by al-Qastallani. The late compilations thus contain an immense wealth of material derived from early sources. Some of these Traditions, stories, reports and narratives are derived from lost or hitherto unpublished sources. Some Traditions, including early ones, were apparently omitted in the generally accepted Sirab compilations, faded into oblivion, but reappeared in these late compilations. . Only a small part of the sirab compilations have been mentioned above. The uninterrupted flow of transmission of Traditions on the life of the Prophet embedded in the rich literature of Qur'an commentaries, collections of Haditb, works of adab, history, polemics of religio-political parties and works of piety and edification, is remarkable. The ramifications of Sirah literature, such as the literature on the ,$aqabah, on the ancestors of the Prophet, on his genealogy, servants, secretaries, on the habits and characteristics of the Prophet, on his birth, on the" night-journey" (isra"') and "ascent" (mi'rij), are indispensable for an adequate study of the development of the conception the Muslim community formed, throughout the ages, of the person of the Prophet. The narratives of the Sirah have to be carefully and meticulously sifted in order to get at the kernel of historically valid information, which is in fact meagre and scanty. But the value of thisJnformation for the scrutiny of the social, political, moral and literary ideas of the Muslim community cannot be overestimated; during the centuries, since Muslim society came into existence, the revered personality of the Prophet served as an ideal to be followed and emulated.

"Shaʿbān Is My Month...". A Study of an Early Tradition

shaban.pdf "SHA'BAN A STUDY IS MY MONTH ... " TRADITION OF AN EARLY "Sha'ban is my month": this utterance attributed to the Prophet is widely current and usually coupled with his statement about the status of Rajab and Ramadan.1 A corroborative utterance, linking the month of Sha'ban with the person of the Prophet, evaluates the status of Sha'ban in relation to other months as follows: "The superiority of Sha'ban over other months is like my superiority over other prophets".2 Peculiar is the commentary of Sura 28:69: "Thy Lord creates whatsoever He will and He chooses ... ", stating that this verse refers to the month of Sha'ban: "God adorns everything by something and He embellished the months by the month of Sha'ban".3 In numerous utterances attributed to the 1 AI-Munawi, Fayd al-qadir, sharb al-jami' al-saghir, Cairo 1391/1972, IV, p. 162, no. 4889; al-'Azizi, al-Siraj al-munir, Cairo 1377/1957, II, p. 369; 'Abd ai-Qadir aIJilllni, al-Ghunya li-!alibi lariqi I-baqq 'azza wa-ja/la, Cairo 1322 A.H., I, p. 211; al-Suyiili, al-La'ali al-masnu'a, Cairo n.d., II, p. 114; al-MajIisi, BiMr ai-an war, Tehran 1388 A.H., XCVII, pp. 68-69, 71, 75-77, 181-183; al-Saffiiri, Nuzhat al· majalis, Beirut n.d., pp. 190, 195 ult.; Ibn Oayba', Tamyiz al-!ayyib min al-khabith, Cairo 1382/1963, p. 81 (and see ibid., p. 91, 1. 1); Ibn Babiiyah, Thawab al-a'mal, Tehran 1375 A.H., p. 60; Id., Amali, Najaf 1389/1970, p. 17; al-Zandawaysiti, Raudat al-'ulama', Ms. BM, Add. 7258, fol. 255b; and see Kister, lOS, 1 (1971), p. 198 note 50. 2 Al·Oaylami, Firdaus al-akhbdr, Ms. Chester Beatty 3037, fol. 109b, penult.; al-Zandawaysiti, op. cit., fol. 255b; cf. al-SuYiili, al-Durr al-manthur, Cairo 1314 A.H., III, p. 236: ... sha'banu shahri fa-man 'a •• ama shahra sha'bana fa-qad 'a •• ama amr; wa-man 'a •• ama amr; kuntu lahu farlan wa-dhukhran yauma I-qiyamati ... (the badith is marked as munkar); and see Abmad b, 1:Iijazi, Tubfat al-ikhwan fi fada'il rajab washa'bdn wa-ramadan, Cairo 1308 A.H., p. 41: ... kana rasulu /lahi ($) yaqi1lu idha dakhala sha'bdnu: !ahhiru anfusakum li-sha'bana wa-absinu niyyatakum fihi, fa-inna lIaha 'azza wa-ja/la faddala sha'bdna 'ala sa'iri l-shuhi1ri ka·fadli 'alaykurn ... ; and see lOS, I, p. 199, note 55. 3 AI-Zandawaysiti, op. cit., fol. 255b: qala fi tafsiri hddhih; l-ayati: wa·rabbuka yakhlllqu rna yasha'u wa-yakhtaru rna kana lahurnu l-khiyaratu, inna lIaha ta'ala zayyana ku/la shay'in (on marjin: bi-shay'in) wa-zayyana l-shuhi1ra bi-sha'bdna;fa·kama zayyalla bihi l-shuhi1ra ka-dhalika yatazayyanu l-'abdu bi-l-ta'ati fihi li·l-ghufrani .•• Prophet, he is said to have recommended the devotional practice of fasting, prayer, vigil and supplication during this month, especially on the eve ofthe 15th ofSha'biin (= the night of the 15th of Sha'ban) , Practices of the night of the 15th of Sha'ban, closely resembling those of laylat al-qadr, were scrutinized by A.J. Wensinck, who regarded these two nights as determining a New Year's period of six weeks to two months. This was challenged by K. Wagtendonk, who considered the 15th of'Sha'ban to be "a starting day of a voluntary fast, which arose out of the ascetic tendency of extending the fast of Ramadan". 4 A survey of the traditions on the virtues of the month of Sha'ban may clarify some of the controversies in reports of practices performed during this month, explain diverse tenets of certain circles of Muslim scholars and aid in gaining insight into the ideas of the virtuousness of Sha'biin. I The traditions on the Prophet's fast during the month of Sha'ban are controversial. It is not clear whether the Prophet would fast throughout the entire month of Sha'ban, or whether he would fast only part of the month. The reports on this subject are often vague; some say merely that he used to fast during this month (... kiina yasionu sha'biina); others, ambiguous in style and cast, assert that he would fast most of the month, or the entire month (... kiina yasiimuhu kullahu ilIii qaltlan, hal kiina yasiimuhu kullahu ... ). Still others, unequivocal but contradictory, relate that he fasted the entire month of Sha'ban or, on the contrary, that he never completed an entire month's fasting except in Ramadan (... kiina yasianu sha'biina kullahu ... confronted by: ... wa-lii $iima shahran kiimilan qauu ghayra ramadiina ... ).5 4 EI2 Sha'biin (A.J. Wensinck); A.J. Wensinck, Arabic New Year and the Feast of Tabernacles, VKAW, Afd. Let., N.R. XXV, 2, Amsterdam 1925; K. Wagtendonk, Fasting in the Koran, Leiden 1968, pp. 100-105; S.D. Goitein, Studies in Islamic History, Leiden 1968, pp. 90-110: Ramadan the Muslim Month of Fasting. 5 AI-Nasii'i, Sunan, Beirut n.d. (reprint) IV, pp. 151-153, 199-201 (and see e.g. other versions ibid., in lama shahran maliiman siwa ramaddna batta mar/a li-wajhihi ... ; wa-lam yasum shahran tdmman mundhu atd l-madinata ilia an yakiina ramaddnu etc.); al-Tahawl, Sharh ma'ani I·athar (ed. Muhammad Zuhri l-Najjar), Cairo 1388/1968, II, pp. 82-83; al-Tirmidhl, $abib, Cairo 1350/1931, III, p. 273; Ibn Abi Shayba, al-Mulannaf(ed. 'Abd al-Khaliq al-Afghanl), Hyderabad 1388/1968, III, p. 103 (and see ibid., another version: ... kana yasumu sha'bdna ilia qalilan); Abii Diiwiid, $abib sunan al-mustafti, Cairo 1348 A.H., I, p. 381 inf. -382 sup.; al-Saffurl, op. cit., p. 198; al-Qastallani, Irshdd al-sdri, Cairo 1323 A.H., III, pp. 401-403; 'Abd al-Razzaq, al-Musannaf (ed. Hablb al-Rahman al-A'zaml), Beirut 1392 A.H., IV, 16 SHA'BAN IS MY MONTH Debate turned on the word kullahu in the tradition relating that the Prophet fasted the entire month of Sha'biin. Muslim scholars tended to limit the connotation of "wholeness" in the word, making it mean a major part. This was the explanation of 'Abdallah b. al-Mubarak (d. 181) as recorded by al-Tirmidhl.f The phrase that the Prophet fasted the entire month (kullahu) conveys in fact that he would fast for the major part of the month (akthara l-shahri), argues Ibn al-Mubarak, basing himself on the Arab manner of speech: when a man says that he spent the whole night in vigiI, he means in fact to say that the major part of the night was spent in vigil. This interpretation indeed clears away the contradiction inherent in the two traditions: the one that the Prophet would fast the entire month (kullahu), and the other that 'A'isha never saw him completing an entire month's fast (... istakmala siyiima shahrin ... ) save Ramadan." The contradiction can thus be removed on the basis of Ibn al-Mubarak's interpretation: the only complete month during which the Prophet would fast was Ramadan; he also fasted for the major part of Sha'ban, Al-Qastallani could rightly remark that the Prophet did not complete an entire month's fasting during Sha'ban, so as to dismiss any thought that the fast of Sha'ban was obligatory.f This interpretation of kull cannot, however, be applied to other traditions in which the Prophet's Sha'ban fast was coupled with that of Ramadan, and in which the account was preceded by a verb or noun denoting wholeness and referring to both months. Certain haduhs relate pp. 292-293, nos. 7858-7861; Ibn Hajar, Fatb at-bart, Cairo 1301 A.H., IV, pp. 186188; Ibn Rajab, Latd'if al-ma'tirif, Cairo 1343 A.H., pp, 127-142; Nur al-Dln alHaythaml, Majma' al-zawd'id, Beirut 1967, III, p. 192; al-Mundhiri, al-Targhlb wa-ltarhib (ed. Muhammad Muhyl ai-Din 'Abd al-Hamid), Cairo 1379/1960, II, pp, 241243, nos. 1481-1486; al-Hakirn, al-Mustadrak, Hyderabad 1342 A.H., I, p. 434; alMuttaqi l-Hindl, Kanz I-'ummtil, Hyderabad 1380/1960, VIII, p. 409, no. 2969; alZurqant, Sharb al-mawdhib al-laduniyya, Cairo 1328 A.H., VIII, pp. 124--126; alBayhaql, al-Sunan al-kubrd, Hyderabad 1352 A.H., II, p. 210; al-Shaukanl, Nayl al-autar, Cairo 1372/1953, IV, pp. 274--277; al-Zurqanl, Sharh muwatta'i mdlik, Cairo 1381/1961, pp. 451-460; aI-Khatib al-Baghdadl, Ta'rikh, Cairo 1349/1931, IV, p. 437; Ibn Wahb, Juz', Ms. Chester Beatty 3497, fol, 37a, inf, (... wa-kdna #ytimuhu fl sha'btin); Ahmad b.l:lijazi, op. cit., p. 42; al-Ghazall, Mukdshafat al-quliib, Cairo n.d., p. 249; Mahmud Muhammad Khattab al-Subkl, al-Manhal al-radhb al-mauriid, sharh' sunan abi dawUd (ed, Amin Mahmud Khattab), Cairo 1394 A.H., X, p. 55. 6 AI-Tirmidhi, op. cit., III, p. 273. 7 'Abd al-Razziiq, op, cit., IV, p. 293, no. 7861; al-Qastallanl, op. cit., III, pp. 401-403; al-'Ayni, 'Umdat al-qart, Cairo 1348 A.H., XI, pp. 82-85; Ibn l:Iajar, Fatb, IV, p, 187. 8 Al-Qastallanl, op. cit., III, p. 401 (... /i'allti yuzanna wujubuhu), 17 that the Prophet did not fast an entire month (shahran komi!an) except Sha'ban, which he concatenated with (the fast of) Ramadanj? other badtths, on the authority of 'A'isha, say: "I did not see the Prophet fasting two consecutive months except Sha'ban and Ramadan' As it was out of the question that the Prophet would fast for only the major part of Ramadan, the interpretation of kull or komi! as "a greater part" (scil. of the month) had to be abandoned. Scholars accepted the explanation of kull as "entire", but found another way to reconcile the contradictory traditions: the Prophet would sometimes fast the entire month of Sha'ban, and sometimes only a part of it. Another explanation tending to soften the contradiction was that the Prophet would fast during different periods of the month of Sha'ban, sometimes at the beginning, sometimes in the middle and sometimes at the end.U It is evident that scholars sought to draw a clear line between the obligatory fast of the entire month of Ramadan and the voluntary fast of Sha'ban, adjusting the controversial traditions to the orthodox view, which approved of fasting for only a part of Sha'ban. Certain reports give the reasons for the Prophet's fast during Sha'biin. The Prophet, says one tradition, would fast during Sha'ban to replace the days of voluntary fast which he had missed over the course of the year. 12 Another tradition held that, as a person's fate is decided in Sha'ban, the Prophet said he would prefer the decision of his fate to be made while he was fasting.t! Slightly different is the utterance of the Prophet in which he defined Sha'ban as a month straddled by the two significant months of Rajab and Ramadan, and remarked that people were heedless of the virtues of this month. It is in Sha'biin that the deeds of men are brought before the Presence of God, and the Prophet said he would prefer his 9 Abu Dawud, op. cit., I, p. 368; al-Dariml, Sunan (ed. 'Abdallah Hashim Yamant), Medina 1386/1966, I, p. 350: ... Umm Salama: md ra'aytu rasiila lldhi (~) sama shahran tdmman illd sha'bdna, fa-innahu kdna yasiluhu bi-ramaddna li-yakiind shahrayni mutatdbi'oyni wa-ktina ya siimu min al-shahri battd naqill ... ; Murtada l-Zabldl, ItM! alsddati l-muttaqin bi-sharhi asrdri ibyd'i 'ulumi l-dtn, Cairo 1311 A.H., IV, p. 257, II. 1-2; ai-Muttaqi I-Hindi, op. cit., VIII, p. 410, no. 2972; Mahmud Khattab al-Subkl, ibid. 10 Al-Tirmidhi, op. cit., III, p. 272; Ibn Majah, SUI/an al-mustafd, Cairo 1349 A.H., I, pp. 505-506: ... kdna yasiimu sha'bdna kullahu battd yasilahu bi-ramaddna. II Al-'Ayni, op. cit., XI, p. 83; al-Qastallanl, op. cit., III, pp. 401-402. 12 Ibn Rajab, op, cit., p. 141; al-Zurqanl, Sharh. al-mawdhib, VIII, p. 125; 13 Al-Khatlb al-Baghdadl, op. cit., IV, p. 437; Ibn Abl Hatim, 'Ilal al-hadtth, Cairo 1343 A.H., I, p. 250, no. 737 (the badith is marked as munkar); Ibn Rajab, op. cit., p. 140; al-Zurqanl, Sharh al-mawdhib, VIII, p. 126; al-Suyiitl, Sharh al-sudar bi-sharh Mli l-mautd wa-l-qubiir, Cairo n.d., p. 22. 18 SHA'BAN IS MY MONTI! deeds to be brought before God while he was fasting.I+ The month of Sha'ban, says one story, complained before God that He had placed it between the significant months of Rajab and Ramadan; God consoled Sha'ban, ordering the reading of the Qur'an during that month. Sha'ban was indeed called "The Month of the Qur'an Readers" (shahr al-qurrii'); during it pious scholars would redouble their efforts in reading the Qur'an.15 As is usual in the "literature of virtues" (al-far/.ii'il), the qualities and merits of deeds, places, times and devotional practices are measured and assessed, and a scale of merit is established. In an utterance attributed to the Prophet, the voluntary fast of Sha'ban is unequivocally set over the fast of Rajab. When he heard of persons fasting in Rajab, the Prophet said: "How far are they from those who fast in the month of Sha'ban" (scil. in rewardjlw This, however, faced a reported statement of the Prophet that the most meritorious fast (apart from Ramadan) was that during Muharram. Scholars explained that the Prophet received knowledge of the superiority of the fast of Muharram only in the last period of his Iife; and though he expressed the preference, there was no time to put fasting in Muharram into practice, or he may have been held up by current affairs.!" The virtue of fasting during Sha'ban was closely linked with the 14 Al-Shaukanl, Nayl, IV, p. 276; ai-Muttaqi I-Hindi, op. cit., VIII, p. 410, no. 2973; al-Mukhallis, Majdlis, Ms. Zilhiriyya, majmu'a 60, fol. 108a; Ibn Qayyim alJauziyya, ['Iiim al-muwaqqi'in (ed. Tahil 'Abd al-Ra'uf Sa'd), Beirut 1973, IV, p. 297; Ibn Rajab, op. cit., pp. 127 inf., 136 ult. - 137 sup.; al-Zurqani, Sharh al-mawdhib, VIII, p. 126 sup.; al-Ghazall, Mukdshafa, p. 249; al-Zandawaysiti, op. cit., fol. 255b; Abu Nu'aym, Hilyat al-auliyd", Beirut 1387/1967 (reprint), IX, p. 18; Mahrnud Khattab al-Subkl, ibid. 15 Ibn Rajab, op. cit., pp. 141 inf. - 142 sup.; cf. al-Zandawaysiti, op. cit., fol. 256a {... 'an anas b. miilik (r) annahu qiila: kiina a shabu rasilli lldhl ($) idhii nazarii ilii hi/iili sha'biina nkabbii 'alii l-masdhifi yaqra'Iinahd wa-akhraja l-mttslimiina zakiita amwtillhlm /i- yataqawwd bihd 1-da'Ifu wa-l-miskinu 'alii siytimi rama ddna wa-da'd l-wuldtu ahla l-sujiini fa-man kdna 'alayhi haddun aqdmii 'alayhi, wa-illd khallau sabtlahu wa-ntalaqa I-tujjiiru (above the line: al-sujjdn) fa-qadau md 'alayhim wa-qtadau md lahum. 16 'Abd al-Razzaq, op. cit., IV, p. 292, no. 7858; al-Shaukanl, Nayl, IV, p. 277; al-Zurqanl, SharI; muwatta' maltk, II, p. 458; Id., Sharh al-mawdhib, VIII, p. 126; Ibn Abi Shayba, op. cit., III, p. 102; Ibn Babuyah, Thawiib, p. 59; al-Majlisl, op. cit., XCVII, p. 77; and see [OS, I, p. 206, note 96. 17 Al-Qastallanl, op. cit., III, p. 402; Al-f.Aynl, op. cit., XI, p. 84; al-Zurqanl, SharI; al-muwatta', II, p. 458; Ibn Hajar, Fath, IV, p. 187 inf.; cf; Ibn Rajab, op. cit., p. 29; al-Shaukani, Nayl, IV, 271 sup.; Nur al-Dln al-Haytharnl, op. cit., III, pp, 190-191; al-Tirmidhl, op. cit., III, pp. 276-277; Ibn Abi Shayba, op. cit., III, p. 103. 19 veneration of Ramadan: to fast in Sha'ban was held to be a means of honouring All the traditions but one,19 stress the superiority of Ramadan - the month of obligatory fast - over the other months. Consequently a clear line had to be drawn between Ramadan and the virtuous months of voluntary fast, and a distinction made between Sha'ban and Ramadan. The Prophet indeed is said to have prohibited fasting on the day or two days preceding Ramadan, In other traditions this concept was defined slightly differently: the Prophet is said to have forbidden fasting to be carried over uninterruptedly from Sha'ban to Ramadan; accordingly, a pause in fasting (fasl) between these two months was to be observed.w Some sources record an utterance of the Prophet in which the period forbidden for fasting, between Sha'ban and Ramadan was extended considerably: fasting in Sha'ban was to be suspended from the 15th of the month until the 1st of The interdiction against fasting on the days immediately preceding Ramadan was, however, affected by the dispensation (ruklz$a) for those who were continuing a fast begun earlier in Sha'ban.22 18 Al-Shaukant, Nayl, IV, p, 275 inf.: ... su'ila rasillu lldhi (~) ayyu l-saumi afdalu ba'da ramaddna; fa-qdla: sha'btinu Ii-tazimi ramaddna; al-Daylarnl, op, cit., Ms. Chester Beatty 4139, fol. 93b; al-Zurqiini, Sharh al-muwatta', II, p, 458; Ibn Abi Shayba, op, cit., III, p, 103; al-Jilanl, op, cit., I, p. 210; al-Munawl, op. cit., II, p, 42, no. 1277; ai-Muttaqi l-Hindl, op. cit., VIII, p. 348, no. 2535; al-Mukhallis, Majdlis, Ms. Zahiriyya, majmii'a 60, fol. 110b; Ibn Biibiiyah, Thawdb, p. 59; al-Majlisl, op, cit., XCVII, p, 77; al-Tahawl, Sharb ma'tini, 11,83 inf.; cf. al-Daylaml, op. cit., Ms. Chester Beatty 4139, fol. 130a: alldhumma bdrik lana fi rajab wa-sha'bdn wa-ballighnd ramat!tin •.. 19 Al-Jllanl, op. cit., I, p, 211: ... wa-khttira min al-shuhiiri arba'atan: rajaba wa-sha'bdna wa-ramaddna wa-l-muharrama, wa-khtdra minhti sha'btina wa-ja'alahu shahra l-nabiyyi (s): fa-kama anna l-nabiyya (~) afdalu l-anbiyd"! ka-dhtilika shahruhu afdalu l-shuhiai, 20 'Abd al-Razzaq, op. cit., IV, pp. 158-160; Ibn Abi Shayba, op. cit., III, pp. 21-22; Niir al-Dln al-Haytharnl, op. cit., III, p. 148; al-Bayhaql, al-Sunan, IV, pp. 207-208; al-Muttaql l-Hindl, op. cit., VIII, p. 310, nos. 2140-2141, 2144; cf. Ibn Qayyim al-Jauziyya, Badd'i' al-fawii'id, Beirut n.d. (reprint), III, p. 96. 21 Ibn Abi Shayba, op. cit., III, p. 21; 'Abd al-Razzaq, op. cit., IV, p. 161, no. 7325; al-Sakhawl, al-Maqd sid al-hasana (ed. 'Abdallah Muhammad al-Siddlql), Cairo 1375/1956, p. 35, no. 55; al-Dariml, op, cit., I, p. 350; al-Murtada I·Zabidi, op, cit., IV, p. 256; al-Suyutl, Jam' al-jawdmi', Cairo 1391/1971, I, p. 430, nos. 489-490,445 no. 540, 745-746, nos. 1517-1519,760, no. 1566; al-Munawl, op. cit., I, p. 304, no. 494; al-Tirmidhi, op. cit., III, p. 274; Abii Dawud, op. cit., I, p. 368; al-Saffurl, op. cit., p. 198; al-Shaukiini, Nayl, IV, pp. 290-292; al-Bayhaql, al-Sunan, IV, p. 209; Mahmud Khattab al-Subkl, op, cit., X, p. 56. 22 Al-Daraqutnl, Sunan (ed. 'Abdallah Hashim Yamanl), Medina 1386/1966, II, p. 191, no. 57; Ibn Abi Shayba, op. cit., III, p. 23; al-Dariml, op. cit., I, p. 336; Abii 20 SHA'BAN IS MY MONTH The traditions explicitly recommending fasting in the final days of Sha'ban were controversial.U The Prophet is said to have made the folIowing utterance: "He who fasts on the Iast Monday of Sha'ban, God will forgive him for his sins".24 Another tradition of the Prophet promises those who fast on the first and last Thursdays of'Sha'ban entrance into Paradise.25 God will protect from hellfire the body of a believer who fasts even a single day of Sha'ban and he will be granted the company of Yusuf in Paradise and given the reward of Dawiid and Ayyub, If he completes the entire month in fasting, God will ease the pangs of his death, remove the darkness of his grave and hide his shame on the Day of Resurrection.26 Especially stressed were the virtues of devotional observance of the first night of Sha'ban. "He who performs on the first night of Sha'ban 12 prostrations (rak'a), reading during the first of them thefiitil;1a and repeating five times qui huwa ahad, God will grant him the reward of 12,000 martyrs and he will be absolved of his sins, as on the day his mother bore him, and no sin will be reckoned against him for eighty days",27 says a tradition attributed to the Prophet. The month of Sha'ban was considered by the Prophet as protection from the fires of Hell; he enjoined those who sought to meet him in Paradise to fast at least three days in Sha'ban.28 Diiwiid, op. cit., I, p. 368; al-Shaukanl, Nayl, IV, pp. 290-292; al-Bayhaqi, al-Sunan, IV, p. 210; ai-MuttaqI I-HindI, op. cit., VIII, p. 310, nos. 2142-2143; Ibn Miijah, op. cit., I, p. 506; al-Tahawl, Sharh ma'iini, II, p. 84; Ahmad b. Hanbal, Musnad (ed. Ahmad Muhammad Shakir), Cairo 1373/1953, XII, p. 188, no. 7199, XIV, 192, no. 7766; Mahmud Khattab al-Subkl, op. cit., X, p. 54. 23 See al-Bahyaqi, Sunan, IV, pp. 210-211; al-Shaukani, op, cit., IV, p. 291; al-ZamakhsharI, al-Fa'iq (ed, 'All Muhammad a~ijiiwI, Muhammad Abii I-FaQI Ibrahim), Cairo 1971, II, p. 171. And see Ibn Rajab, op, cit., pp. 149 inf. - 150 (... wa-kharraja abt; dawud fi biibi taqaddumi ramaddna min hadithi mu'iiwiyata annahu qiila: innt mutaqaddimun al-shahra fa-man shii'a fa-l-yataqaddam: fa-su'ila 'an dhiilika fa-qdla: sami'tu l-nabiyya (~) yaqiilu: ~uma l-shahra wa-slrrahu ..• fa-yakiinu l-mana: ~amu awwala l-shahri wa-dkhirahu, fa-Ii-dhdlika amara mu'iiwiyatu bi- #yiimi iikhirJ l-shahri ... ); Mahmud Khattab al-Subkl, op. cit., X, pp. 45-49; see Lisiin al-t Arab, s.v. srr. 24 Al-Daylaml, op. cit., Ms. Chester Beatty 3037, fol. 143a; al-Jllanl, op. cit., I, p. 210 (AI-JIIiinI adds the reservation that this utterance does not apply when this Monday coincides with the last days of Sha'biin during which fasting is forbidden). 25 AHlaffiirI, op. cit., p. 195. 26 Ibid., p. 196. 27 Ibid., p. 195; cf. al-Nazill, Khazinat al-asrdr al-kubrd, Cairo 1349 A.H. (reprint), p. 43 inf. 28 Al-Saffur], op. cit., p. 195. 21 Shi'i tradition does not differ from Sunni in content; it is, however, richer in jarj{J'il - Iore and its stories are of course marked by specific Shi'i features. A lengthy report on a victory of a Muslim expedition against unbelievers during Sha'ban contains an account of a miracle wrought for the Ieaders of the expedition - Zayd b. Haritha, 'Abdallah b. Rawaha and Qays b. 'A~im al-Minqari - on account of their pious deeds at the beginning of Sha'biin. The Prophet, who welcomed the victorious expedition on its return, expounded to the people the virtues of pious deeds on the first day of Sha'biin: aIms-giving, reading the Qur'an, visiting the sick, reconciling husbands and wives, parents and children, praying and fasting and performing other deeds of piety and devotion. Such deeds would afford a hold on a branch of the Paradise-tree of Tubii, to appear on the first day of Sha'biin. Those who perpetrate evil deeds on that day will grasp the branches of the Hell-tree of Zaqiim, which will emerge from Hell. On the first day of Sha'ban God dispatches His angels to guide the people and summon them to perform good deeds, while Iblis sends his accomplices to Iead them astray. The faithful are to be alert and to revere the month of Sha'biin in order to gain happiness.29 Detailed lists of rewards for fasting each day of this month, compiled after the pattern of the lists of rewards for fasting in Rajab, record the graces and rewards to be granted to the pious who exert themselves in the Sha'biin fast.3o Even serious crimes will be forgiven those who fast during Sha'ban.U The two months of fasting prescribed in cases of incidental killing (Sura 4:92) were interpreted as synonymous with the two consecutive months of Sha'ban and RamaQiin.32 The idea of intercession Iinked with the rewards of fasting during this month is remarkable. According to tradition, the Prophet will intercede on the Day of Resurrection for him who fasts even one day of Sha'biin.33 The month itself is called "The Month of Intercession", for the Prophet is to intercede for those who utter the prayer of blessing for the Prophet during this month.w ~9 Al-Majlisl, op. cit., XCVII, pp. 55-65 (from the Tafsir of the Imam aI·'AskarI). 30 AI-Majlisi, op. cit., XCVII, p. 65 ult. - 70; Ibn Biibiiyah, Thawdb, pp. 60-61; Id., Amdlt, pp. 20-22. 31 Al-Majlisl, op. cit., XCVII, p. 74. 32 AI·'Ayyiishi, Tafsir (ed, Hashim al-Rasiili l-Mahallatl), Qumm 1380 A.H., I, p. 266, nos. 232, 235; Ibn Biibiiyah, Thawdb, pp. 57-58. 33 AI·Majlisi, op. cit., XCVII, p. 81, no. 49; Ibn Biibiiyah, Amalt, pp. 17,486. 34 AI-Majlisi, op. cit., XCVII, p. 78: ... wa-summiya shahru sha'btina shahra /. shafii'atl li-anna rasiilakum yashfa'u likulli man yusalli+alayhi flhi. 22 SHA'BAN IS MY MONnI Like Sunnl scholars, Shi'i scholars were concerned with the permissibility of uninterrupted fasting over the two consecutive months of Sha'ban and Ramadan, And as in Sunni sources, the traditions in the Shi'i sources are contradictory or divergent. According to one Shi'i report, the Prophet would fast over the two months without pause (fa$l) between them; however he forbade believers to do this.35 A means of breaking the fast, thus discontinuing a fast of two consecutive months, was provided by advice given by the Imam, to desist from fasting for a single day after the 15th of Sha'ban, and then to continue fasting Some Shi'i traditions recommended fasting the Iast three days of Sha'ban, continuing uninterruptedly into the fast of Ramadan.s? others report that the Prophet would fast three days at the beginning of Sha'ban, three days mid-month, and three days at the end.38 Later Shi'i scholars quoted early traditions concerning Sha'ban, traced back to the Shi'i Imams, in an attempt to reconcile the controversial reports and to establish fixed patterns for the observances and devotions of this month.w Both Shi'i and Sunni traditions are imbued with sincere reverence for Sha'ban and its devotional observances and recommend almost without exceptions? fasting during the month and performance of pious deeds. The only controversy was over the period of fasting during the month and the pause separating the voluntary fast of Sha'ban from the obIigatory month of fasting of Ramadan. II The eve ofthe 15th of Sha'ban is the holiest time of the month and it is recommended to spend the night in vigil prayer and supplication, and the 35 Ibn Biibiiyah, Thawdb, p. 58; al-Majlisl, op. cit., XCVII, p. 76 (from Ibn Biibiiyah). 36 AI-MajIisi, op. cit., XCVII, p. 72, no. 13: ... mii taqiilu fl ~aumi shahri sha'biina? qiila: sumhu, qultu: fa-l-faslul qiila: yaumun ba'da l-ni sfi, thumma stl. 37 AI-MajIisi, op. cit., XCVII, p. 72, no. 16; p. 80, no. 47. 38 Ibn Biibiiyah, 'Uyiin akhbdr al-Ri dii, Najaf 1390/1970, II, p. 70, no. 330; alMajlisi, op. cit., XCVII, p. 73, no. 18. 39 See e.g. al-Bahranl, al-Hadd'iq al-nddira fT ahkdm al-'itra l-tdhira (ed. Muhammad Taqiyy al-Ayrawiini), Najaf 1384 A.H., XIII, pp. 382-386. 40 But see al-Bahranl, op. cit., XIII, p. 383 (quoted from Kulini's al-Wasii'il): ... annahu su'ila ['alayhi I-saliim] 'anhu fa-qdla: md ~iimahu [i.e. Sha'biin - K] rasiilu lliihi (~) wa-lii ahadun min iibii'! ... ; and see the interpretation given by al-Kulinl, ibid.; and see the contradictory traditions, al-Majlisl, op, cit., XCVII, p. 76, nos. 32-33; p. 82, no. 51. 23 morrow in fasting."! At sunset, says a tradition, God would descend to the Iowest heaven, grant His forgiveness to those seeking it, food to those begging for it and health to the sick, and would respond to those imploring His aid for other needs until the break of day.42 A version (recorded in the early compilation of 'Abd al-Razzaq) holds that on the night of mid-Sha'ban God would look upon His servants and grant forgiveness to all people on earth save unbelievers and those bearing a grudge against others. Other versions include drunkards, wizards, prostitutes and sinners of other varieties in the Iist of those denied forgiveness.O The prayers and supplications on the night of mid-Sha'ban are connected with the idea that this is the night when the life and death of all creatures in the world are decided. Some commentators on the Qur'an took verses 2-4 of Sural al-Dukhiin (44): "We have sent it down in a blessed night. . . therein every wise bidding determined as a bidding from Us ... " to refer to the night of the l Sth of Sha'biin. They consequently interpreted the pronominal suffix in anzalniihu, "We have sent it down", as relating to "the bidding", "the order", "the decree". This 41 But see the hadith, reported on the authority of Abii Hurayra, forbidding fasting on the 15th of Sha'ban, al-Suyutl, Jam' al-jawtimi', I, p. 760, no. 1566. 42 Ibn Majah, op. cit., I, p. 421; Ibn Khuzayma, Kittib al-tauhtd (ed. Muhammad Khalil Harras), Cairo 1387/1968, p. 136; al-Suyutl, Jam' al-jawdmi", I, p. 761, no. 1568 (cf. ibid., no. 1567); Id., al-Durr al-manthiir, VI, p. 26 inf.; Ahmad b. Hijazl, op. cit., p. 51; Ibn Rajab, op. cit., pp. 143, 145; al-Zurqani, Sharb al-mawdhib, VII, pp. 412-413; aI-Jamal, al-Futiihdt al-ildhiyya, Cairo n.d., IV, p. 100; al-Fakihl, Ta'rikh Makka, Ms. Leiden Or. 463, fol. 418b; al-Khazin, Tafsir, Cairo 1381 A.H., VI, p. 120; al-Baghawi, Tafsir, VI, p. 119 (on margin of al-Khazin's Tafsir); al-Mundhiri, op. cit., II, p. 244, no. 1491; ai-Muttaqi I-Hindi, op. cit., XVII, p. 143, no. 467; al-Majlisi, op, cit., XCVIII, p, 415; al-Turtushi, al-Hawddith wa-l-bida' (ed. Muhammad al-Talbi), Tunis 1959, p. 118; al-Sha'rani, Lawtiqih al-anwdr al-qudsiyya, Cairo 1381/1961, p. 185; cf. al-Malati, al-Tanblh wa-l-radd 'alii ahli l-ahwti'i wa-l-bida' (ed, Muhammad Zahid al-Kauthari), n.p. 1388/1968, p. 113; Abii Shama, al-Bd'ith 'alii inkdri l-bido'i wa-l-hawddith (ed. Muhammad Fu'ad Minqara), Cairo 1374/1955, p. 26. 43 'Abd al-Razzaq, op. cit., IV, p. 316, ult. no. 7923; Ibn Majah, op. cit., I, p. 422; cf, al-Suyutl, Jam' al-jawiimi', I, p. 761, no. 1659; al-Mundhiri, op. cit., V, p. 123, no. 4007 (and see nos. 4009-4010); Ibn Rajab, op. cit., p. 143 (and see p. 144: the list of sinners, and p. 146: the explanation of the grave sins); Ahmad b. I:Iijazi, op, cit., p. 50; cf. al-Munawl, op. cit., II, p. 316, no. 1942; IV, p. 459, no. 5963; al-Zurqani, Shar/:z al-mawdhib, VII, p. 410 ult. - 411 sup.; Ibn Hajar, al-Kdfi l-shiif fi takhriji a/:ziidithi l-kashshdf, Cairo 1354 A.H., p. 148, nos. 380-381; al-Sha'ranl, op. cit., p. 185; alNaysaburi, Gharii'ib al-Qur'iin (ed. Ibrahim 'Atwa 'AwaQ), Cairo 1393/1973, XXV, p. 65; al-Razl, Tafsir, Cairo 1357/1938, XXVII, p. 238; ai-Muttaqi I-Hindi, op. cit., XVII, p. 143, no. 467; XIII, pp. 269-270, nos. 1481-1482, 1485, 1489, 1491. 24 SHA'BAN IS MY MONTH interpretation was vehemently rejected by commentators asserting that the verses refer to the "laylat al-qadr" and the pronominal suffix to the Qur'an, sent down in Ramadan+t But the widespread popular belief was indeed that the night of the 15th of Sha'ban was the night of decrees concerning Iife and death. Those destined to die would plant trees, set out on pilgrimage, beget children, not knowing that they were to die in the course of the year.s> On this night God would order the Angel of Death to seize the souls of those upon whose death during the following year He had decided.w As the Angel of Death is thus occupied in receiving the decrees of death from God, no one dies between sunset and nightfall of this eve.s? This night is indeed called laylat al-hayiit, laylat al-qisma wa-l-taqdir, laylat al-rahma, 44 See Ahmad b. Hijazf, op. cit., p. 47 inf. - 48; cf. al-Zurqani, Sharh al-mawdhib, VII, p. 414; al-Qurtubi, Tafslr, Cairo 1387/1967, XVI, pp. 126-127; Hasan alMadabighi, Risdla fImd yata'allaqu bi-Iaylati l-nisfi min sha'bdn, Ms. Hebrew University, AP Ar. 80 439, fol. 9b-lOa; al-Luddl, Faydu l-hanndn fi fadli laylati l-nisfi min sha'bdn, Ms. Hebrew University, AP Ar. 80479, fol. 4a: .. .fa-l-hii' fi anzalnd damiru l-amri, ay innd anzalnd amran min 'Indind fl hddhihi l-laylati, qadayndhu wa-qaddarndhu min al-djdli wa-l-arztiqi ... And see contradictory explanations Ibn al-'Arabi, Ahktim al-Qur'dn (ed. 'Ali Muhammad al-Bijawi), Cairo 1388/1968, p. 1678: ... fi laylatin mubdrakatin ... ya'ni anna lldha anzala l-qur'tina bi-I-Iayli ... wa-jumhiiru l-t ulamd"i 'alii annahd laylatu l-qadri, wa-minhum man qtila innahd laylatu l-nisfi min sha'bdna, wa-huwa btitilun ... ; Ibn Kathir, Tafsir, Beirut 1385/1966, VI, p. 245; al-Turtushi, op. cit., pp. 118-121; cf. al-Razl, op. cit., XXVII, p. 238. 45 'Abd al-Razzaq, op. cit., IV, p. 317, nos. 7925-7926; cf. al-Tabarl, Tafsir (Bulaq), XXV, p. 65; al-Muttaql l-Hindi, op. cit., XVII, p. 143, no. 468; al-Madabighi, op. cit., fol. 15a-b. 46 Al-Munawl, op, cit., IV, p. 459, no. 5964; Ibn Rajab, op. cit., p. 148, ll. 1-2: al-Suyutl, al-Durr al-manthilr, VI, p. 26; ai-Muttaqi I-Hindi, op. cit., XIII, p, 269, no. 1483. The story of the tree in Paradise (see G.E. von Grunebaum, Muhammadan Festivals, New York 1951, pp. 53-54, quoted from Lane's Manners and Customs of the Modern Egyptians) is recorded by al-Luddl, op. cit., fol. 5b: The tree at the side of the Throne (al-'arsh), resembling a pomegranate-tree, has as many leaves as there are human beings in the world. On each leaf is written the name of a person. The Angel of Death watches the leaves; when a leaf yellows he perceives that the date of the death of the person is imminent and he dispatches his helpers; when the leaf falls the Angel of Death catches his soul. According to a version of this tradition, when the leaf falls on its back, it denotes a positive decree for the person (I}usn al-khiitima); if it falls on its underside, it denotes an unfortunate decree. Al-Suytitl records the tradition on this tree on the authority of Muhammad b. Juhada in al-Durr al-manthiir, III, p. 15 (commenting on Sura 6:60) and in his compilation Sharh al-sudar, p. 22. 47 Ahmad b. Hijazl, op. cit., p. 48 inf.; al-Luddl, op. cit., fol. 5b inf. - 6a sup.; al-Madabighl, op. cit., fol. 17a. 25 laylat al-ijdba, laylat al-takftr.s» In reference to the forgiving of sins, the current popular name of this night is laylat al-sukiik or laylat al-barii'a, "the night of acquittance".49 It is the "feast of the angels" ('id almala'ika)50 and the "night of intercession" (Iaylat al-shafii' ay; on the 13th of Sha'ban the Prophet pleaded for intercession for a third of his people and this was granted; on the 14th he was granted intercession for a second third and on the 15th of Sha'ban he was granted intercession for his entire people.t! An exceptional night, indeed, distinguished by peculiar virtues. 52 A Iengthy report, recorded on the authority of 'A'isha, gives us details of the origin of the devotions of this night. 'A'isha missed the Prophet in her bedchamber that night and sought him eagerly; she found him prostrated in supplication, praying a most moving prayer. The Prophet explained to 'A'isha the importance of this night, conveying to her the good tidings that God would grant His forgiveness to a countless multitude of believers, as many as the hairs of the flocks of the tribe of Kalb. 53 48 See ai-Jamal, op. cit., IV, p. 100; Ahmad b. l:Iijiizi, op. cit., pp. 48-49; alGhaziili, Mukdshafa, pp. 249-250; al-Luddi, op. cit., fol. 5b-6a. 49 For the expression barii'a as "acquittance", "discharge of sins", see the story about the letter sent by God and found on the breast of'Umar b. 'Abd al-'Aziz during his burial: Ps. Ibn Qutayba, al-Imdma wa-l-siytisa (ed. Tiihii Muharnmad al-Zayni), Cairo 1378/1967, II, p. 102: bi-smi lldhi l-rahmdni l-rabtm, kitabun bi-l-qalami I-jalil, min alldhi 1-'azizi 1-'alim, bard' atun Ii-'umara bni 'abdi 1-'aziz min al-' adhdb i l-alim, And see al-Madiibighi, op. cit., fol. 17b: " .fa-fi laylati l-bard'ati mithlu dhdlika yu'!a l-wdhidu barii'atan, fa-yuqtilu aufayta l-haqqa wa-qumta bi-shara'iti l-'ubudiyyati fa. khudh bard'atan min al-ndri; wa-yuqdlu li-wdhidin istakhfafta bi-haqqi wa-Iam taqum bi-shard'iti l-t ubildiyyatlcfa-khudh barii'ataka min al-jindni. 50 AI-Jiliini, op. cit., I, p. 216; al-Luddi, op, cit., fol. 6a; Ahmad b.l:Iijiizi, op. cit., p. 48 inf.; al-Ghazall, Mukiishafa, p. 249; al-Madiibighi, op, cit., fol. 17a-b. 51 AI-Jamal, op. cit., IV, pp. 100; Ahmad b. Hijazl, op. cit., p. 49; al-Ghaziili, Mukdshafa, p, 250; al-Naysiibiiri, op. cit., XXV, p. 65; al-Riizi, op. cit., xxvn, p. 238. 52 'Abd al-Razzaq, op. cit., IV, p. 317, no. 7927; Ibn 'Asakir, Tahdhib ta'rlkh (ed. 'Abd al-Qadir Badriin), Damascus 1330 A.H., I, p. 47; III, p. 296; Ibn Rajab, op. cit., p. 144 inf.; al-Suyuti, al-Durr al-manthiir, VI, p. 26; al-Zandawaysiti, op. cit., fol. 259a; aI-Jiliini, op. cit., I, p. 215; Ahmad b. Hijazl, op. cit., pp. 48, 51; Ibn Hajar, al-Kdfl l-shdf, p. 148, no. 382; al-Wassabt, al-Baraka fi fadli l-sayt wa-l-haraka, Cairo n.d., p. 78; al-Madabighi, op. cit., fol. 17a. 53 See Ibn Majah, op. cit., I, pp. 421-422; al-Mundhiri, op. cit., II, p. 243, nos. 1488, 1490; V, p. 124, no. 4008, 126, no. 4012; al-Suyuti, al-Durr al-manthiir, VI, pp. 26-27; al-Jllanl, op. cit., I, pp. 213-215; Ibn Rajab, op. cit., p. 143; Ahmad b. l:Iijiizi, op. cit., p. 49; al-Zurqanl, Sharh al-mawdhib, VII, pp. 410-411; al-Majlisi, op. cit., XCVII, pp. 88-89 (no. 16); XCVIII, pp. 416-419 (and see XCVII, p. 86, no. 8): al- 26 SHA'BAN IS MY MONUI Special prayers and supplications were recommended and precious rewards promised to those who would exert themselves in devotion and prayer during this night. Among the numerous rewards were forgiveness of sins and entry into Paradise. Orthodox scholars sharply criticized these hadtths, often branding them as weak or forged.sShi'i sources outdo the Sunni in propagating the virtues of the night of the 15th of Sha'ban; they emphasize that the Imams were singled out by the blessings of this night. God granted the Prophet laylat al-qadr, while He granted the Imams (ahl al-bayt) the night of the 15th of Sha'ban, according to a report transmitted on the authority of al-Baqir.55 A tradition attributed to the Prophet says that the position of 'Ali within the family of the Prophet (iilu muhammadint is like that of the best of the days and nights of Sha'ban, i.e. the night of the 15th of Sha'ban.56 Noteworthy is the tradition recommending a visit to the grave of Husayn on this night; forgiveness of sins will be the assured reward.s? Orthodox Muslim scholars emphasized the superiority of laylat al-qadr over the night of the 15th of Sha'ban, laylat al-barii'a. Although some scholars opined that there is no fixed date for laylat al-qadr and that it Dhahabl, Mtzan al-i'tiddl (ed. 'Ali Muhammad al-Bijawi), Cairo 1382/1963, IV, p. 262, no. 9081; al-Zandawaysitl, op. cit., fol. 259b-260b; al-Razl, op. cit., XXVII, p. 238; al-Madabighl, op. cit., fols. 18a-20b; al-Muttaql I-Hindi, op. cit., XIII, p. 270, nos. 1486-1488, 1491. 54 Al-Suyutr, al-Durr al-manthiir, VI, p. 27 inf. - 28 sup.; Abil Talib al-Makkl, Qut al-qullib, Cairo 1351/1932, I, p. 93; al-Muttaql l-Hindl, op. cit., XVII, p. 144, no. 469; Ahmad b. I:Iijazi, op. cit., p. 52 inf. - 53; al-Jilanl, op. cit., I, p. 216; alShaukanl, al-Fawd'id al-majmira fi I-al;liidithi l-maudtra (ed. 'Abd al-Rahman alMu'allamt l-Yamanl), Cairo 1380/1960, pp. SO-51, no. 106; Id., Tuhfa: al-dhakirin bi·'uI#ati I-Min al-hastn min kaldmi sayyid al-mursalin (ed. Muhammad Zabara alHasanl al-San'anl), Cairo 1393/1973, pp. 182-183; al-Saffurl, op. cit., p. 197; aI-Jamal, op. cit., IV, p. 100; al-Majlisl, op. cit., XCVII, pp, 85-86 (nos. 5, 7), 87 (no. 13), 89 (no, 17); XCVIII, pp. 408-418; Ibn Babuyah, 'Uyun akhbiir al-Ridd, I, p. 228; Id., Amalt, p. 24; al-Tusl, Amdll, Najaf 1384/1964, I, p. 303; Ibn al-Jauzl, al·MaurJu'iit (ed. 'Abd al-Rahman Muhammad 'Uthman), Medina 1386/1966, II, pp. 127-130; al-Suyutl, al·La'dli al-masnii:a fi l-ahddithi l-maudaa, Cairo n.d., II, pp. 57-60; Ibn Hajar, alK4fi al-shdf, p. 148, no. 379; al-Wa$$abi, op. cit., pp. 76-78; Ma' al-'Aynayn, Na't al-bidiiyiit wa-taustf al-nihdydt, Fas(?) 1312 A.H" pp. 184-185; al-Nazill, op. cit., pp. 43-44; al-Razl, op. cit., XXVII, p. 238. 55 AI-Tilsi, Amiili, I, p. 303; al-Majlisi, op, cit., XCVII, p. 85, no. 5 (from the Am4/i). S6 AI-Majlisi, op. cit., XCVII, p. 87, no. 9 (from the Tafslr of' al-Imam al·'Askari). 57 AI-Majlisi, op. cit., XCVII, p. 85, no. 4, p. 87, nos. 10-11. 27 can occur on any night throughout the entire year,S8 the majority held that laylat al-qadr is a night of Ramadan, thus inherently excelling any night of the inferior month of Sha'bii.n. The early scholar and judge Ibn Abi Mulayka-? is reported to have sharply rebuked those scholars who held that the reward for observance of the night of the 15th of Sha'ban equals that of laylat al-qadrsv This report indicates that orthodox scholars were reconciled to the veneration of the night of the 15th of Sha'bii.n, and merely stressed the inferiority of this night (laylat al-barii' a) in comparison with laylat al-qadr. Legitimization of laylat al-barii' a was linked with the elaboration of the idea of its virtues and merits as compared with those of laylat al-qadr. Scholars stressed the difference between the two nights, as well as their relationship: the date of laylat al-barii'a was announced and fixed, but that of laylat al-qadr (referring to that during Ramadan - K) is not revealed, for laylat al-barii' a is the night of judgement and decree, while laylat al-qadr is the night of mercy. Were the date of laylat al-qadr divulged and precisely determined, people would abstain from every exertion and rely upon the mercy of GOd.61 A report, recorded on the authority of Ibn 'Abbas, defines the mutuaI, complementary functions of the two nights: God issues His decrees on laylat al-barii'a, but delivers them for execution on lay/at al-qadr/a In another, more detailed version, the copying from the Preserved Tablet commences on laylat al-barii'a and is completed on laylat al-qadr, when the list of sustenances is handed over to the angel Mikii.'il, the list of earthquakes, lightning and wars to Jibril, and the list of deeds (a'miil) to the angel Ismii.'ilwho is in charge oflower Heaven and is an angel of very high rank.63 58 See al-Tahawl, Sharh ma'iini, II, p. 92: ... anna bna mas'iidin qiila: man qdma l-sanata kullahd asdba laylata l-qadri ... (see the contradictory opinion of Ubayy b. Ka'b, ibid.); Ibn 'Asakir, op, cit., II, p. 324; al-'Amili, al-Kashkiil (ed. Tahir Ahmad al-Zawl), Cairo 1380/1961, I, p. 405: ... wa-minhum man qiila: hiyafi majmiri l-sanati, Iii yakhtassu bihd shahru ramaddna wa-ld ghayruhu; ruwiya dhiilika 'ani bni mas' iidin, qdla: man yaqumi l-haula yusibhd. 59 See on him Ibn Hajar, Tahdhib al-tahdhib, V, p. 306, no. 523; Ibn Sa'd, Tabaqdt, Beirut 1377/1957, V, p. 472; al-Fasl, al-t Iqd al-thamin (ed, Fu'ad Sayyid), Cairo 1385/ 1966, V, p. 204, no. 1570; al-Dhahabi, Tadhkirat al·buffii;, Hyderabad, I, p. 101; Waki', Akhbdr al-quddt (ed. 'Abd al-'Aziz al-Maraghl), Cairo 1366/1947, I, p. 261. 60 'Abd al-Razzaq, op. cit., IV, p. 317, no. 7928; al-Turtushi, op. cit., p. 119. 61 Al-Jllani, op. cit., I, p. 216; al-Saffurl, op. cit., p. 198; cf. al-Zandawaysitl, op. cit., fo1. 273b. 62 AJ-Baghawi, Ta!sir, VI, p. 120, 1. 7; al-Jamal, op. cit, IV, p. 100, 11. 25-26; al-Majlisl, op. cit., XCVIII, p, 414. 63 Al-Jamal, op. cit.,IV,p. 100 inf.; Ahmad b.l:lijazi, op. cit., p. 48 sup.; al-Luddl, op. cit., fol 5b; al-Naysaburl, op, cit., XXV, p. 65; al-Madabighi, op. cit., fol, lOb. 28 SHA'BAN IS MY MONTI! The beginnings of the devotional observance of laylat al-barii'a seem to go back a long way. A legendary report of an expedition sent by Abu 'Ubayda, during his conquest of Syria, contains an interesting passage on laylat al-barii'a. The commander of the expedition, appointed by Abu 'Ubayda, was 'Abdallah b. Ja'far, son of the uncle of the Prophet, the famous martyr Ja'far al-Tayyar, Among the warriors of his troop was the pious Wathila b. al-Asqa'.64 When the troop was about to set out, 'Abdallah noticed the brightness of the moon. Wathila declared that it was the night of the 15th of Sha'ban, the blessed night of great virtue. On that night, he said, sustenances and decrees concerning life and death are set down, sins and wrong deeds are forgiven. Wathila stressed that, regardless of his desire to spend the night in vigil (wa-kuntu aradtu an aqiimahii, scil. in devotional observance - K), setting out to fight for God's sake was preferable. Consequently the troop indeed marched out.65 Some reports relate that certain tiibi'iin in Syria would perform the devotional practices of this night, mentioning specifically Maki}.ii166 Luqman b. 'Amir67 and Khalid b. Ma'dan.68 The well-known scholar Ishaq b. Rahawayhs? adopted their view and was favourable toward the observance of laylat al-bariia. 'Ata' b. Abi Rabai}.,7oIbn Abi Mulayka"! and the majority of the scholars of al-Hijaz opposed these practices; Maliki and Shafi'I scholars followed in their path, severely criticizing the obser64 See on him Ibn Hajar, Tahdhib, XI, p. 101, no. 174; Abu Nu'aym, op. cit., II p. 21, no. 120; Ibn Hajar, al-Isdba (ed. 'Ali Muhammad al-Bijawl), Cairo 1392/1972, VI, p. 591, no. 9093; Ibn 'Abd ai-Barr, al-Istl'tib (ed. 'Ali Muhammad al-Bijawl), Cairo 1380/1960, p. 1563, no. 2738. 65 Ps. Waqidi, Futid: al-Shdm, Cairo 1348, I, p. 57. 66 See on him Sezgin, GAS, I, p. 404, no. 5; Safiyy al-Dln al-Khazrajl, Tadhhib tahdhib al-kamdl (ed, Mahmud 'Abd al-Wahhab Fayid), Cairo 1391/1971, III, p. 54, no. 7178. 67 See on him Ibn Hibban al-Bustl, Kitdb al-thiqdt (ed. 'Abd al-Khaliq al-Afghanl, Hyderabad 1388/1968, p. 229; Safiyy al-Dln al-Khazraji, op. cit., II, p. 372, no. 6005. 68 See on him Ibn Hibban al-Bustl, op. cit., p. 55; Ibn Hajar, Tahdhib, III, p. 118, no. 222; al-Bukharl, Ta'rtkh, III, no. 601; Safiyy al-Dln al-Khazrajl, op. cit., I, p. 284, no. 1802. 69 See on him al-Dhahabl, Tadhkirat al-huffd z, p. 433; Ibn Hajar, Tahdhib, I, p. 216, no. 408; Ibn Abl Hatim, al-Jarh wa-l-tadtl, Hyderabad 1371/1952, II, p. 209, no. 714; al-Dhahabi, Miziin al-i'tiddl, r, p. 182, no. 733; al-$afadi, al-Wdfi bi-l-wafaydt (ed. Muhammad Yusuf Najrn), Wiesbaden 1391/1971, VIII, p. 386, no. 3825 (and see the references of the editor); al-Subkl, Tabaqiit al-shdfi'tyya (ed. al-Hulw - al-Tanahl), Cairo 1383/1964, II, p. 83, no. 19. 70 See on him Sezgin, GAS, I, p. 31; al-Fasl, al-t Iqd al-thamtn, VI, pp. 84-93. 71 See on him above, note 59. 29 vances, branding them as bid'a. Amongst the Syrian scholars advocating the devotions there were certain differences of opinion concerning the forms of observance: some of them would wear fine garments, scent themselves with incense, anoint their eyes with collyrium and spend the night in the mosque praying and supplicating publicly. Others preferred solitary prayer and devotion in the privacy of their homes. Some persons, says the tradition, refrained from observing this night when they learned that the shcolars and pious men who advocated such veneration based their belief of Isrii'iliyyiit traditions.F There were some extremist opinions, which totally denied the basis of the traditions on the virtues of laylat al-barii'a and branded the reports as forged.P But generally orthodox circles merely reproved the manner of these devotions. A Iate report vividly describes them as practiced in the seventh century of the Hijra. Mosques were lavishly lit and the governor would come to the courtyard of the mosque; firebrands were kindled and the seated governor would act as judge. People would submit complaints against the unjust and wicked, and those convicted were punished on the spot. The adversaries shouting their arguments, the cries of the punished, the barking of the guards (janiidira) and the noise of the crowd turned the mosque into a poI ice-station (diiru shurta), as noted by Ibn aI-I.HiJJ,74The Iatter especially denounced processions to cemeteries, performed on this night by mixed crowds of men and women. Some women sang, some beat tambourines; a sort of cupola-shaped canopy (ka-l-qubba 'alii 'amiid), surrounded by lamps (qanadtt) was carried in the crowd and so the people arrived at the cemetery. Wooden posts were set up on the graves and hung with the clothes of the dead. Relatives sat down on the graves and talked to the dead about their troubles and sorrows, or complained at the graves of scholars and the righteous. Ibn al-Hajj stresses that some of these practices resemble those of the Christians, who would dress their statues and pray before their images.75 A rather Iate date for the introduction of the prayer of the night of the 72 Al-Zurqanl, Sharh al-mawdhib, VII, p. 413; Ibn Rajab, op. cit., p. 144; Ahmad b I;Iijazi, op. cit., p. 52; 'Ali Mahfuz, al-Ibda'li ma ddrr al-ibtidd', Cairo 1388/1968, p.295. 73 See e.g. Ibn 'Arabi, op. cit., IV, p. 1678: ... wa-Iaysa Ii laylati l-nisfi mill sha'bdna badtthun yu'awwalu 'alayhi, la Ii fat/liM wa-Id Ii naskhi I-ajali filla, fa-hi tal/a/ita ilayhd. And see note 44 above. 74 Ibn al-Haj], al-Madkhal, Beirut 1972, I, pp. 302-303. 75 Ibid., pp. 304-307. 30 SIlA'BAN IS MY MONTII 15th of Sha'ban in Jerusalem is recorded by al-Turtushi, According to his report, a man from Nabulus came to Jerusalem in 448 A.H. and performed this prayer in the mosque of al-Aqsa. From then onward the prayer became current and was held in al-Aqsa and in homes, coming to be considered a sunna.l» III The reports on the early origin of the observance of laylat al-barii'a seem to be trustworthy. The favourable attitude of the Syrian tiibi'fm (in the second half of the first century of the Hijra) towards these practices probably points to an earlier tradition, to be traced back to some of the Companions, such as Wathila b. al-Asqa"; indeed Makhul, who championed the observance of laylat al-barii'a, was a student of Wathila and transmitted hadtth on his authority.?? These practices were, as we have said, attributed to the Prophet himself. The observance of the night of the 15th of Sha'ban was not confined to Syria; so much can be deduced from the utterance of Ibn Abi Mulayka, quoted above. Ibn Abi Mulayka was a Qurashite appointed by 'Abdallah b. aI-Zubayr as judge in Ta'if and in Mecca. It is implausible that his utterance (in which he vigorously opposed the idea of granting laylat al-barii'a equal rank with laylat al-qadr) was directed solely against the people of Syria; more probably it was aimed at the people of Mecca and Ta'if, Furthermore, the transmitter of this report is Ayyiib (al-Sakhtiyani)78 who Iived in Basra and may have been interested in knowing the opinion of his teacher on a practice observed in his town, or country, al-Traq. It is to be remarked that the utterance ofIbn Abi Mulayka was directed against a qii$$;79it is well known that the qussiis were obliged to edify and encourage people to exert themselves in devotional practices such as laylat al-barii'a. Finally, a short passage in the biography ofIbn 76 Al-Turtushl, op, cit., p. 121; Abii Shama, op. cit., p. 24 (from al-Turtushi); 'Ali Mahfuz, op. cit., pp. 296-297 (from al-Turtushl); Jamal al-Dln al-Qasiml, l~laf;t al-masdjid min al-bida'i wa-l-iawd'id, Cairo 1341 A.H., p. 106 (from al-Turtusht). 77 Al-Dhahabi, Tadhkirat al·f;tuffli+, I, p. 108, no. 96. 78 See on him Sezgin, GAS, I, p. 87, no. 12. 79 'Abd al-Razzaq, op. cit., IV, 317, no. 7928: ... 'an ma'mar, 'an ayyidr qdla; qila ti-bni abi mulaykata inna ziyddan al-minqariyya (probably: al-namariyya; see alSuyut], Tahdhlr al-khawdss (ed. Muhammad al-Sabbagh), n.p. 1392/1972, p. 179; al-Dhahabi, Miztin al-t'tiddl, II, p. 90, no. 2945), wa-kdna qdssan, yaqiilu inna ajra Iaylati l-ni sfi min sha'bdna mithlu ajri laylati I-qadri, fa-qala: lau sami'tuhu yaqiilu dhdlika, wa-fi yadi 'asan, la-darabtuhu bihli; Abii Sharna, op. cit., p. 25 sup. 31 Abi Mulayka, recorded by Ibn Sa'd, may serve to illuminate his disapproval of putting laylat al-barii' a on a par with laylat al-qadr: Ibn Abi Mulayka used to Iead the prayers of the people in Mecca during RamaQan.80 It is thus clear why he would stress the superiority of laylat al-qadr, celebrated during Ramadan, over the night of the 15th of Sha'ban. The charge that the celebration of the night of the 15th of Sha 'ban was based on Isrii'iliyyiit81 should be taken with reserve; it was not uncommon for scholars to discredit their opponents by ascribing bid'a ideas to them, or accusing them of adopting Isratliyyat traditions. In the same category was the accusation that the lavish lighting of mosques on the night of the 15th of'Sha'ban was an innovation of the Barmakids, who were thus actually advocating fire-worship.V The data stating that the majority of Hijazi scholars objected to the observance of the night of the 15th of Sha'ban seem to be inaccurate, at least as far as the third century of the Hijra is concerned. The account given by al-Fakihi is a detailed and vivid description of the devotional practices performed at Mecca on that night. The entire population of Mecca, says al-Fakihi, would go out to the mosque and spend the night reading the Qur'an, so as to finish the recitation of the entire Qur'an and perform the tawdf; some of them would perform a hundred rak'a, reciting Siirat al-Hamd (i.e. the Fatiha - K) and qui huwa lldhu ahadun (i.e. Siirat al-Ikhliis - K) at every prostration. They would drink the waters of Zamzam, wash (their faces - K) in it and take a supply of the water home to heal their ills through the blessings of this night (combined, of course, with those of the waters themselves - K).83 We have here, indeed, the first reliable information on the prayers of the night of the 15th of Sha'ban, as recorded in the sources.s+ and as performed in 80 Ibn Sa'd, op. cit., V, p. 473 sup. 81 Al-Zurqanl, Sharh al-mawtihib, VII, p. 413: ... wa-'anhum akhadha l-ndsu ta' zimahd, wa-yuqdlu innahum balaghahum fi dhdlika iithiirun isrd'Iliyyatun, fa-Iammd shtahara dhiilika "anhumu khtalafa l-ndsu fihic fa-minhum man qabilahu minhum, waminhum man abiihu .•• 82 Abii Shama, op. cit., p. 25 inf. 83 Al-Fakihl, op. cit., fol 418b: dhikru 'amali ah/i makkata laylata l-ni sfi min sha'biina wa-jtihiidihim fihii li-fadlihd. wa ahlu makkata fimii madd ila l-yaumi, idhii kdnat laylatu l-nisfi min sha'biina kharaja 'ammatu l-rijdli wa-l-nisd'i ua l-masjidi fasallau wa-tdfii wa-ahyau laylatahum /:Iattii 1-~abii/:li bi-l-qirti' ati fi l-masjidi l-hardmi batta yakhtimii I..qur'dna kullahu wa-yusallii, au man $allii minhum tilka l-Iaylata mi'ata rak'atin, yaqra'u fi kulli rak'atin bi-l-hamdi wa-qul huwa lldhu ahad 'ashra marrdtin, waakhadhii min mii'i zamzama tilka l-laylata fa-sharibiihu wa-ghtasalii bihi wa-khaba'lihu 'indahum li-l-mar dd yabtaghiina bi-dhiilika l-barakatafi hddhihi l-laylati. 84 See above note 54; and see Abii Shama, op. cit., pp. 27, 29. 32 SHA'BAN IS MY MONTIl the haram in the third century A.H. The prayer mentioned here is one of the prayers recommended for the night of the 15th of Sha'ban, recorded by Ibn aI-Jauzi and branded by him as forged. Needless to say, the tawiif and drinking of Zamzam water are features peculiar to certain devotional practices and feasts in Mecca. A tradition of the "reward promise" type, recorded by al-Fakihi, belongs to the Iore of current traditions on this subject and is reported by Ibn aI-Jauzi; He who recites a thousand times within a hundred rak'a: qui huwa lldhu ahad, on the night of the 15th of Sha'ban, will not die before God sends him a hundred angels: thirty to bring him good tidings that God is to introduce him into Paradise; thirty to shield him from God's chastisement; thirty to deter him from sin, and ten to aid him against his enemies.s' This indicates how widespread the traditions concerning the virtues of the night of the 15th of Sha'ban were in Mecca and Mecca scholars were considered orthodox and were said to be opposed to public observance of this night. The continuity of the observance of the night of the 15th of Sha'ban can be traced from the second half of the first century A.H. It is attested in. the second century in the traditions recorded by 'Abd al-Razzaq, The passage in al-Fakihi's Ta'rtkh Makka gives a description of the celebration in Mecca in the third century. AI-Zandawaysiti records the virtues of this night in the fourth century. Al-Turtiishi's account refers to the practices witnessed in the fifth century, and Ibn al-Hajj's description depicts the observance at the end of the seventh century. A rich polemical literature concerning this night was produced over the centuries, and numerous !af/a'il treatises were compiled. The night of the 15th of Sha'ban is revered even today, and modern compilations still attack the popular observance, branding it as bid'a and quoting, as usuaI, early sources. The continuity of custom and usage during these celebrations can be illustrated by example. At the end of the seventh century A.H. Ibn all;Iajj mentions the sittings of the governor in the courtyard of the mosque on the night of the 15th of Sha'ban, at which he would judge and punish the guilty. In the fourth century aI-Zandawaysiti includes among the Iaudable deeds of the various classes during Sha'ban the sessions of the rulers, who would summon the imprisoned, punish the guilty and free the innocent.w This practice seems to reflect the idea of God's judgment 85 Al-Fakihl, op. cit, fol. 418b; Ibn al-Jauzl, al-Mau dirdt, II, p. 128; al-Naysaburf op. cit., XXV, p. 65; al-Razl, op. cit., XXVII, p. 238. 86 See above note 15. 33 in this month or during this night. The custom of visiting cemeteries on this night (Shi'i sources promoted visits to the tomb of Husayn) may be related to the hadith' according to which 'A'isha found the Prophet praying in the cemetery of Baqi' al-Gharqad on this night; it was at this spot that he explained to her the virtues of the night of the 15th of Sha'ban, The observances and celebrations of the night of the 15th of Sha'ban seem to be rooted in Jahiliyya belief and rituaI, as rightly assumed by Wensinck.t? When the month of Ramadan became the month of the obligatory fast, however, the night of the 15th of Sha'ban apparently lost its primacy: laylat al-qadr was fixed by the majority of Muslim scholars within Ramadan (usually as the night of the 27th of Ramadans") and became one of the most venerated nights of the Muslim community. But esteem of the night of the 15th of Sha'ban survived and, lacking the support of official scholars, it became a favoured occasion for devotional practices in pious and ascetic circles, as well as a night of popular celebration (including practices disapproved of by zealous conservative scholars). Moderate orthodox scholars strove to reconcile the traditions of the two nights, granting Iegitimacy to the devotions of laylat al-barii'a but establishing the superiority of laylat al-qadr. Also conciliatory was the idea of a division of functions between the two nights: laylat al-bariia was considered as the night of decrees, laylat al-qadr as the night in which God's biddings (or His mercy) were carried out. All this is, of course, a later development; hence Wensinck's theory of two genuine New Year's nights seems to be untenable. Orthodox Muslim scholars, though disapproving of the public celebrations, agreed to private devotional observances on the night of the 15th of Sha'ban.s? On these conditions laylat al-bard'a could gain their approval and became a recommended night of devotional exertion. The fasting of the Prophet over the two consecutive months of Rajab and Sha'ban may be linked with the tahannuth, which he was wont to 87 See Wensinck, op. cit., p. 6 ("This belief is already recorded by Tabarl; it is probably pre-Islamic"). 88 See Wagtendonk, op. cit., pp. 106, 112, note 5. 89 See thefatwa of Abu 'Amr b. !;>aliib,as recorded by Abu Sharna, op. cit., p. 32, 1.5: ... wa-ammd laylatu l-nisfi min sha'biina fa-lahd fa dilatun wa-i/.!ya'lIhd bi-I-'ibddati mustahabbun, wa-ldkin 'ala l-infirtidi min ghayri jamd'atin; wa-ttikhiidhu l-ndsi laha wa-Iaylata l-raghii'ibi mausiman wa-shi' iiran bid'atun munkaratun. 34 SHA'BAN IS MY MONTH observe in the following month of Ramadan.w The tahannuth is said to have been initiated by the Prophet's grandfather, 'Abd al-Muttalib/" and was observed by some people of Quraysh.Ps This socio-religious observance combined the element of charitable deeds with a practice of veneration toward the haram of Mecca. It was observed on Mount Hira' and is sometimes referred to as i'tikaf or jiwdr in the story of the first revelation of the Prophet. Some reports say that the Prophet sojourned on Mount Hira' in solitude, but others explicitly state that he stayed there in the company of his wife Khadija.P! Some details on the jiwiir of the people of Mecca and its purpose are given by al-Azraqi: the Qurashites would leave Shi'b al-Sufiyy and sojourn on Jabal al-Raha "out of veneration of the haram". This practice was followed in summer.sThe place of the jiwiir of 'A'isha95 and its duration are indicated in a report recorded by al-Fakihi. 'A'isha sojourned for two months at a spot between Mount Hira' and Thabir. People would visit her there and converse with her. In the absence of 'Abdallah b. 'Abd al-Rahman b. Abi Bakr the prayer was headed by her servant, The two 90 See Goitein, op. cit., p. 93 sup.; Wagtendonk, op. cit., pp. 32-35. 91 See BSOAS, 31 (1968), pp. 232-233. 92 See al-Baliidhuri, Ansdb I, p. 105, no. 192: kdnat qurayshun idhii dakhala ramat!anu kharaja man yuridu l-tahannutha minhd ila hird'«. 93 See BSOAS 31 (1968), p. 225, note 15; p. 227, notes 26-27; and see al-Muttawi'I, Man sabara zafira, Ms. Cambridge, Or. 1473(10), fol. 43b: ... /:latta idhd kana l-shahru lladhi ardda lldhu fihi bihi md ardda min kardmatihi wa-rahmatihi I-'ibiida mill al-sanatl llati ba'athahu lldhu tabdraka wa-taald lihii, wa-dhdlika l-shahru ramaddnu, kharaja rasulu lliihi (i) Ua /:lirli'a kamli kana yakhruju Ii-jlwdrihi wa-maahu ahluhu khadijatu ... A significant version is recorded by al-Fiikihi, op. cit., fol. 499b, ult. - 500a, 11.1-2; the Prophet sojourned on Hira', Khadlja used to come to him from Mecca in the evening. The Prophet descended from the mountain and stayed with her in (the place in which later) the mosque of Shi'b Qunfudh twas erected. - K). In the morning they used to depart. (. .. anna I-nabiyya (i) kdna yakiinu fl birli'a bi-l-nahdri fa-idhd (the verb is missing; perhaps: atli, jd'a or another similar verb has to be supplied) l-laylu nazala mill Mra'a fa-atd I-masjida lladhi Ii l-shi'bi lIadhi khalfa ddri abt 'ubaydata yu'rafu bi-l-khalafiyytn wa-ta'tihi khadijatu (r) min makkata fa-yaltaqiytini Ii l-masjidi lladhi Ii l-shi'bi, fa-idhd qaruba 1-labii(l/I ftaraqd, au nahwahu). About the place, Shi'b iii Qunfudh, see al-Azraql, Akhbiir Makka (ed. F. Wtlstenfeld), p. 491 penult. - 492. 94 Al-Azraql, op. cit., p. 482 inf.: '" Ii-anna qurayshan kdnat Ii l-jdhiltyyatl takhruju min shi'bi l-sufiyyl fa-tabitu f'ihi (the suffix hi refers to al-rdha - K) Ii l-sayfi ta' ziman li-I-masjidi l-hardmi, thumma yakhrujiina fa-yajlisilna fa-yastarlhilna Ii I-jabali ... 95 See Wagtendonk, op. cit., p. 35. 96 Al-Fakihl, op. cit., fol. 486b: ... 'alii bni abt mulaykata qtila: inna 'a'ishata (r) jdwarat bayna Mrli'a wa-thabtrin shahrayni, fa-kunnd na'tihli wa-ya'tlhd ndsun min 35 reports may help us in the evaluation of the jiwiir of the Prophet (apparently identical with tahannuthi: the Prophet, like the people of Shi'b al-Sufiyy, used to leave his home in summer and sojourn on Mount Hira'. Like them h~ did it "out of veneration of the haram of Mecca"; Iike 'A'isha he sojourned there for some fixed time. None of the reports mentions fasting explicitly. The duration of the Prophet's fast during Rajab and Sha'ban was not fixed; it was sporadic and the Prophet broke fast arbitrarily. The hadiths reporting this manner of the Prophet's fastingv? seem to be trustworthy. The reports of his fasting during the month of Sha'ban recorded in early sources are not questioned anywhere, nor doubted by any authority; they are certainly as reliable as the reports of his fasting during Rajab.98 It may be stressed that there were no rules of fasting, nor any regulations; the Prophet's fast was a voluntary, pious observance, the duration of which he fixed at his own discretion. In Medina, after his hijra, the Prophet was faced with the task of establishing a code of Iaw and ritual. One of the injunctions of this code was to fast. The verses of the Qur'an imposing the fast of Ramadan upon the emerging Muslim community were revealed against the background of the confrontation with the Jewish community.P? the encounter with the hostile Meccan unbelievers and their allies and the victory won on the battlefield of Badr. Even if affected by Jewish, Christian or other influences, these rules formed a genuine independent trend in the nascent body of Iaw for the Muslim community.l00 The injunction of the fast of Ramadan did not, however, abolish voluntary fasting during Rajab or Sha'ban, Some of the controversial traditions concerning the change in the Prophet's fast during Sha'ban after his arrival in Medina may facilitate a better insight into the persistence of this voluntary fast. Some scholars asserted that the Prophet, while in Mecca, fasted only some parts of the month of Sha'ban; after his arrival in Medina, however, he fasted the entire month. Al-Qastallani refutes this report, basing himself on the hadtth of 'A'isha, who stated qurayshin yatahaddathiina ilayhti, fa-idhti lam yakun thamma 'abdu lldhi bnu 'abdi l-rahmdni bni abt bakrin (r) ~a/la biha ghulamuha dhakwdnu abii 'amrin (r); Ibn Sa'd, op, cit., V, pp. 295-296. 97 See e.g. al-Nasa'I, op, cit., IV, pp. 150-151: ... kdna rasiilu /Iiihi (~) yasiimu batta naqillu Iii yuftiru, wa-yuftiru batta naqiilu Iii yasiimu ... 98 See Goitein, op. cit., pp. 93-94. 99 See ibid., pp. 95-102. 100 See Wagtendonk, op. cit" p. 144 inf. 36 SHA'BAN IS MY MONTII that the Prophet, after his arrival in Medina, never fasted any full month, except Ramadan." 01 This tradition transmitted on the authority of 'A'isha deserves our trust. The phrase in this haduh of 'A'isha "mundhu qadima l-madtnata" gives us a clue in assessing the change at Medina. 'A'isha is indeed a reliable witness of the Prophet's Iife in Medina, and her hadtth with the quoted phrase, limiting it to Medina, is apparently sound. The voluntary fast of Sha'ban was now transfigured into an obligatory fast, that of Ramadan, the month of the Prophet's own devotional exertions, the month of his tahannuth in Mecca. This fast became a distinctive mark of the Muslim community and one of the pillars ofIslam. The importance of the fast during Sha'ban consequently declined, but it never Iost its virtuous position as a recommended voluntary fast, observed over the ages and revered especially by pious and devout Muslims; the night of the 15th of Sha'ban became the culmination of the month's devotions. The observances of Sha'ban were finally approved of and legitimized by moderate orthodox scholars. The high esteem of Sha'ban was clearly expressed in the utterance attributed to the Prophet: "Rajab is the month of God, Sha'ban is my month, Ramadan is the month of my community". 101 Al-Zurqani, Sharh al-mawdhib, VIIJ, p, 125. 37

Pare Your Nails: A Study of an Early Tradition

pare_nails.pdf Pare Your Nails: A Study of an Early Tradition The Islamic injunction that one should pare one's nails is usually given in the sources as belonging to the set of practices observed by the prophets before Muhammad, enjoined by them for their people and thus known as one of the practices of the fitra.1 These practices were followed by the Prophet and prescribed for his community. A widely current tradition, reported on the authority of the Prophet, recommended paring the nails by stressing that the Devil takes up his abode in the dirt originating between the nail and the flesh.2 It is evident that the believer has to be alert to the dangers associated with the presence of the Devil; negligence or heedlessness in paring one's I See, e.g., al-Bayhaqi. al-Sunan al-kubra, (Hyderabad 1344). I. '149: idem. Ma'njat al-sunan wa-Iathar. ed. A\lmad :;>aqr(Cairo 1390/1970). I. 390-91: al-Shaukanf. Nayl al-au(ar (Cairo 1372/1953). I, 130-33: ai-Muttaqi I-Hindf. Kanz al-'ummal (Hyderabad 1377/1958). VI. 371-74, nos. 2648-52, 2654, 2672-75: al-'Ayni, 'Umdat al-qarr. (Cairo reprint). XXII. 44-46 (and see the definition ofthejilra on p. 45: al-ji(ra khamsun. ay khamsatu ashya'a. wa-arada bi-l-ji(rati al-sunnata l-qadTma lIatT khtaraha 1anbiya'u 'alayhim ai-salam wa-llafaqat 'alayhi I-shara'i .. JUc...,...l.JI~..l.> • r)W1 L"J..,rJ1 [J JU] ....."...Is ....1J1 J."...; .10 .~ r--L" I.; l..r r-l L-.". l.j U J.>...,rJ1 ~ .:r J L-.". 0 L5 .11 .~~..l.>1 Professor Abbott did not translate the document. In her comments' she merely states that "the tradition has no parallel in the standard collections" and adduces a considerable number of references to demonstrate the preoccupation of the Prophet and of his contemporaries with dreams and their interpretation. Professor Abbott is indeed right in stating that this tradition has no parallel in the standard collections. Furthermore, because of the damaged state of the papyrus, serious difficulties have been incurred in deciphering the text of this tradition; some minor misreadings made a correct reading almost impossible to achieve and blurred the meaning of the tradition. It is evident from the text as it was read that the tradition is based on an implied contrast between dirty nails and dreams. The thread can be grasped in a tradition recorded by Ibn Abr Hatim al-Razr: Abo Hatim marks this tradition as munkar.t the reason for this being that al-Fadl b. al- bi-sharhi asrari il}ya'i -..) .11 1..)1-,"", ~ L..".J..;-11.y [J'-" uL5] <..r""" I~.J u[.J]r.J u[.J]r ~ o..:;...JL.b .»-1 .~ ..l...S 1""'"..) UbI ~ 1..r9 JL..I...j ->--.J 4-l>..l.J .12 ~ • r5..)UbI The Prophet used to ask [his Companions) about their dreams, and they would respond. Then [when) they [once) camel2 he asked them several times but none of them gave him any information (about his dreams - K.); then the Prophet noticed that their nails had lengthened and that dirt had penetrated them. "How will you see (dreams - K.) or be shown (dreams _K.)ll whilel4 this (i.e., the dirt) is underneath your nails," asked the Prophet. 6 See the negative opinions on him: Ibn Abr Hatim, 391 (ai)adflhuhu munkara, yuhaddithu bi-l-abattt): Bijawr (Cairo, 1382/1963). III, 358-59, no. 6750; no. 1374. 7 On the distinction between true and false dreams. ft ta'btri l-manam (Cairo, 1384), I, 3-4. 8 The".J" missing in text. 9 In text: ..;-11 al-Jarh wa-l-ra' dil (Hyderabad, 1361), 111/11,69. no. al-Dhahabi. Mizan al-i-tidal, ed. 'Air Muhammad alIbn Hajar. Lisan al-mizan (Hyderabad, 1330), IV, 449. see. e.g .. 'Abd al-Ghanr al-Nabulusr, Ta'lfr al-anam t"' Al-Kharqushr, al-Bishara wa-l-nidhara, Ms. Br. Mus .. Or. 6262. fol. 6a. Ps. Ibn Srrrn, Tafstru l-ahlami l-kabtr (Cairo, 1382/1963).23. Miss Abbott's reading I..".... I. "they refused". seems to be unbased. Cf. this expression about dreams: al-Suynp, ai-Durr al-manthur, III, 311"':12 tyaraha l-mutminau tura lahu); al-Raghib al-Isfahant Mui)aqaratal-udaM' (Beirut, 1961), I, 149 (yaraha I-rajul au tura lahu); al-Zurqaru, SharI) al-mawahib al-ladunniyya (Cairo, 1328), VII, 163. 14 This ".J " omitted in the reading of Miss Abbott blurred, of course. the meaning of the tradition. 10 II 12 13 66 The intent of the tradition is obvious: believers with long nails" are barred from seeing true, veridical dreams. The dirt under the nails of the believers was even more harmful for the religious practices of the Prophet himself, as pointed out in another tradition. The Prophet was once heedless and committed an error in his prayer; he explained his error by the fact that some people attending the prayer had not cleaned their nails." Another serious event, which might have endangered the continuity of the prophetic revelation, is connected, according to one tradition, with the injunction to pare one's nails. When the angel Jibrrl had ceased for a period to convey the revelation to the Prophet, he explained to his worried believers that this was a result of the fact that they were not careful in paring their nails, trimming their moustaches, and cleaning their finger-joints. 17 This, however, is a fragmentary tradition in which no details about the time of the event and its circumstances are given. The current reports concerning the pause in the revelation usually refer to Sora XVIII, 24-25: "And do not say, regarding anything, 'I am going to do that tomorrow', but only 'If God will'; and mention thy Lord when thou forgettest. .. "; or to Sara XCIII, 3: "Thy Lord has neither forsaken thee nor hates thee ... "; and differ in their setting and details. The reason for the suspension of the revelation was, according to one of the reports, an illness of the Prophet lasting two or three nights. A woman then came and derided him by saying that God had forsaken him. Some traditions name the woman: she was Umm Jamfl, the wife of Abo Lahab. A version of this tradition links the story of Umm Jamfl and the verses of SOra CXI about her (. . ." and his wife, the carrier of the firewood ... ") with the verses of SOra XCIII: the revelation was delayed after a short time after her talk with the Prophet, in which the latter asserted that the verses about her were revealed by God. When the revelation was suspended, she came to the Prophet and mocked him, stating that his Devil had left him. Then the verses of SOra XCIII were revealed. Another tradition presents an opposing point of view: when the pause in the revelation occurred, it was Khadfja who IS Some Shr'f compendia draw a clear line between men and women: while men were enjoined to pare their nails, women were ordered to let their nails grow because "'it is nicer for them." See al-Bahranr, alHadariq al-nadira, V, 571 ult.-572, I. I: qala rasulu llahi (s) li-I-rijali: qussu azfarakum, wa-li-l-nisari: trukna, fa-innahu azyanu lakunna; al-Tabarst, Makarim al-akhlaq, 26, I. I (but curiously: wa-qala li-Inisari: III tatrukna min az aftrikunna. which seems to be an error). 16 See Thabit b. Abr Thabit, Khalqu l-insan, ed. shows the importance attached to the paring of nails in the early period of Islam; negligence on the part of the believers could endanger the continuity of the revelation granted to the Prophet by God. Mujahid (d. 104 H) comments on SOra XIX, 64: "We come not down save at the commandment of thy Lord" that the revelation was suspended and that it was Jibnl who explained to the Prophet that the reason was that the believers were careless in paring their nails, trimming their moustaches, cleansing their teeth (with a siwakr and cleaning their finger-joints." 18 See al-Tabarr, Tafsir (Bolaq) XXX. 148: al-Qurtubr, Tafsir, XX. 92-93: Ibn Kathrr, Tafsir (Beirut. 1385/1966), IV. 365-66. VII. 313: al- Wahidr, Asbab al-nuzut (Cairo. 1388/1968). 301-2: al-Suyutr, Lubab al-nuqul p asbabi l-nuzul (Cairo. 1373/1954). 144-45. 237-38: idem. al-Durr al-manthur, VI, 360-61: Ibn Hajar, al-Kafl l-shaJ ft takhriji ahadtth! l-k ashshaf, (Cairo. 1354). 102, no. 306: 185. nos. 325-26: alSarnarqandr, Tafsir, Ms. Chester Beatty 3668. II. 326a: al-Khazin, Tafsir iLubab al-tarwt! ft masant 1tanztl) (Cairo 1381), VII. 214-15: al-Razr, al- Tafsir al-kabtr (= Ma.JatflJ al-ghayb) (Cairo, 1357/1938), XXXI, 210-11: al-Naysabarr, Gharatib at-qurran, ed. Ibrahrrn 'A!wa 'Awac;l (Cairo, 1390/1970), XXX, 115-16. 19 Muqatil, Talsfr, Ms. Ahmet Ill, 74/11. fol. 242b. 20 See al-Qurtubt Tafsir, XX, 93 infra: al-Razr, al- Tafsir al-kabtr, XXXI; 211: al-Naysaburr, Ghararib at-qurran, XXX, I 15 infra. 21 See al-Wahidr. Asbab al-nuzul, 203: al-Qurtubr. Tafstr. XI, 127: al-Suyutr, al-Durr al-manthur, IV, 279, II. 9-14. 68 Muslim scholars, of course regarded it as necessary to classify the practice of paring one's nails, establishing its rank and position in relation to other practices bearing on cleanliness and purity, like trimming one's moustache, plucking out the hair of the armpits, and shaving the privates. It was necessary to decide whether the practice is obligatory and forms part of the sunna. The mandatory character of the practice was derived from a tradition quoted from the compilation of Ahmad b. Hanbal and attributed to the Prophet: "He who does not shave his privates, pare his nails, and trim his moustache is not of US."22 This tradition was, however, sharply criticized. Scholars pointed out that one of the transmitters, Ibn LahfCa,23 was considered unreliable and that another version of this tradition, recorded by al- Tirrnidhr.> does not include the paring of nails (it only mentions the trimming of the moustache). Even granted that the hadttb is trustworthy, the expressionJa-/aysa minna 'he is not one of us' merely denotes that the man does not follow the sunna of the Prophet. Al-Munawr concludes that the tradition does not establish the mandatory character of the practice. It is a commendable practice tmandubun nadban mu'akkadani, and failure to carry out the injunction of the hadttn can only be considered as neglect of the sunna.> However, there was a problem in connection with the paring of nails which caused division of opinions among the scholars: if the water of ablution (wuquC) does not reach the place blocked by the dirt, should one repeat the ablution or nOt.26 Al-Shafivr gives an unequivocal decision concerning one specific question: if someone performs the ablution and subsequently trims his beard and pares his nails, does he have to repeat the ablution? According to al-Shafl-r the answer is negative." Scholars were not unanimous about the period prescribed by the Prophet for performing the practices of the fitra (trimming the moustache, shaving the privates, paring the nails, and pulling out the hairs of the armpits). According to a current tradition it is enjoined every forty days." The problem under discussion was whether this was the prescribed period or whether it was a maximum which one should not exceed but which can be shortened according to need." The tradition recorded by alBukharr states that Ibn 'Umar used to pare his nails every two weeks.l? implying that the Prophet himself practiced it in this way. Another report says that the Prophet used to trim his moustache and pare his nails on Friday before going out to perform the Friday prayer." The latter tradition is contradicted by an opinion recorded in the 22 Murtada l-Zabrdr, Ithafu, II, 411,413; al-Munawr, Fayd al-qadtr, VI, 223, no. 9021: man lam yahliq -IOa (quoted from Risalat ahkam al-fitra 1islamiyya}. 33 Murtada.l-Zabrdr, It/}tifu. II, 399, 413 supra; Ibn Hajar, Fatb at-bart, X, 292 infra; al-Suyutr, al-Durr al-manthur, I, 113, II. 1-2; idem, al-Isfar, fol. 2a (and cf. ibid, fol. 3b, another schedule for the performance of these practices); al-Dhahabr, Mtzan al-i-tidal, 1,33, no. 95. 34 See, e. g., Murtada l-Zabrdr, Ithafu, 11,413-14; al-Suyutr, al-Zafar, fol. 370a-b. 35 AI-Wa~~abf,al-Baraka, 216; al-Suyutr, al-Zafar, fol. 369b supra. 36 Anonymous, Ms. Univ. of Istanbul 6258, fol. 9b. 37 Al-Suyutr, al-Zafar, fol. 369a; al-Tabarsf, Makarim al-akhlaq, 25. 38 Ibn Abf Shayba, Musannaf; ed. 'Abd al-Khaliq Afghanr (Hyderabad, 1387/1967). II, 159; Abo Talib al-Makkr, Qat al-qulub, I, 98; al-Jrlanr, al-Ghunya (Cairo, 1322), I, 17; al-Suyutr, al-Zafar, fol. 369b. But this very reward was promised the Saturday nail-parers; al-'Aynf, 'Umdat al-qan, XXII, 46 supra. 39 AI-Wa~~abf, al-Baraka, 216. 70 of the armpit, and shaving the privates on Thursday; on Friday the believer has to wash his body, to perfume himself, and .to wear nice clothes." The most liberal tradition is reported on the authority of Abu Hurayra. The Prophet gives a detailed account of the rewards which will be granted the believers who pare their nails on any day of the week; no special day for paring is singled OUt.41 Special importance is attached to the order of paring the nails." Scholars of hadttb stress that there is no sound tradition concerning the order of paring the nails," but there exist certain utterances of early scholars and some verse compositions serving as mnemonic devices for knowing the right order." There are scholarly disputes over the problem of how to dispose of the parings. The accepted opinion is that, according to the utterances of the Prophet, the parings should be buried. While there is nothing wrong in discarding them, to dispose of them in the privy or in the wash-house is reprehensible." The reason for the injunction to bury the parings was that it would not allow sorcerers to play with them. Ibn Hajar records another reason for burying: they are a part of the human body and have to be buried like the body itself." The verses of Sura LXXVII, 26-27 (a-lam naj-ali l-arda kifatan alJya)an wa-amwatan) "made we not the earth to be a housing for the living and for the dead?" refer to nail-parings and hair, according to one of the commentaries." Al-Hakrrn al- Tirmidhr records a tradition on the authority of (A)isha, stating that the Prophet ordered the burial of seven things from the human body: hair, parings, blood, menstruation .... , (fallen) teeth, prepuce, and placenta. The reverence for the body of the believer should be extended to the elements extracted from it.4H Though the paring of nails is commonly accepted as a commendable sunna it must be performed privately; the paring of nails in mosques is condemned." Abraham is said to have been the first person in humanity who pared his nails." This practice, one of the usages which belong to the observances of theji{ra, is carefully observed by believers until today. (ghus/) 40 Murtada I-Zabfdf, Itl}a!u, 11,414. 41 AI-'Aynf, 'Umdat al-qan, XXII, 46 supra; al-Suyutr, al-Zafar, fol. 370b-71 a; idem. al-Isfar, fol. 3a; al-Shaukanr, al-Fawatid al-majmu-a ft l-ahadtth' al-maudu-a, ed.

Notes on the Papyrus Text about Muḥammad's Campaign against the Banū Naḍīr

papyrus_nadir-campaign.pdf ARCHIV ORIENTALNI 32, 1964 233 NOTES ON THE PAPYRUS CAMPAIGN TEXT ABOUT MUHAMMAD'S AGAINST THE BANU AL-NADIR M.J. Kister, Jerusalem Document No.5 of the "Studies in Arabic Literary Papyri"1 ,carefully edited by Professor Nabia Abbott contains a passage essential for the evaluation of the document, which deserves re-examination. I Verso lines 14-26 contain the account of the causes of the campaign against the Banii al-Na<; 14-16 give an account of the visit which the Prophet paid to the Banii al-Na<;l.irand elucidate the reason for this visit; they are read by Professor Abbott as follows: lind are translated thus: "This is the book of the narrative (14) / of the nffair of the Mjessenger of God when he went to the Banii al-Na<; seeking tholl' aid in the matter of the two men of Kilab, His a narrative / collected (15 J from that which / has been related concerning it. The Messenger of God and some of his Companions went to the Banii al-Na<;l.irto ask their holp for the two men of Kilab who (16) /had/ surrendered to the Quralsh when they encamped at Ul)ud. The Messenger of God said: 'They (Banii al-Na<; them (Banii Kilab) as allies for battle and (then) dishonored /them by/ negligence'." This passage is obscure. The two men from KHab killed by cAmr b. Umayya are said to have surrendered to the Quraish, when they encamped at Ul)ud. How could they, then, have been granted the protection of the Prophet as mentioned on Verso, line 117 In the accounts of the Prophet's 1 16 - Historical orientalni Texts, Chicago 1957. Archiv 234 M. J. KISTER campaigns the word "Ouraish" denotes the unbelievers of Mecca and having surrendered to the Quraish at Uhud they could not have received from the Prophet a promise of safety. Professor Abbott in order to find a solution for the two contradictory statements comments as follows: "The Quraish of 1.16 must be, in view of Verso 1.11-12 and the comments thereon, the Quraishites in Muhammad's own camp and not the entire tribe as such. Muhammad's remark at the end of the line 16 refers to the alliance between the Banu Kllab and the Banu al-Nadir and the latter's reluctance to share in the indemnity of the two that were slain."2 This explanation cannot, however, be accepted. The translation proposed for the crucial expressions J L.•. .\I ~ ~"J.).J J L::A.l1csk ~ "..;~ A "accepted by the Banu Nadir for battle and dishonoured by negligence", does not conform to Arabic style and idiom. In order to elucidate this passage we must start with the correction of these two expressions, which form a clue for the understanding of the historical background of the account. The correct reading is csk. ~;;.:.~ 01.)".J 1 J.~ ,...A>"J..l.J L::A.l "and they spurred them on to fight and showed J I them the way to the gaps [in the frontier, not sufficiently defended]." The two expressions ~~; and r-.A> "J..l.J have as their subject the Banu al-Nac;llr; they spurred "them" on and incited "them" to fight and showed them the weak, undefended spots in the frontier. The object of ~"';'..>o 'r-"') ..I ["them") refers to the Quiraish, mentioned at the beginning of the line; the weak, undefended spots are the weak spots of the Muslim frontier. We thus obtain an important clue for the understanding of the document: the Banu al-Nadir were in peaceful relations with the Quraish when the Quraish encamped at Uhud, They plotted with them, stirred them up to fight the Prophet. The words at the beginning of the line have to be read: ..r!.j J 11".••..1 I"; l5.J "they [the Banu al-Nac;llr) had sent secretly to the . Quraish". The Banti al-Nadlr urged them to fight the Prophet and showed them the weak spots in the frontier of the Muslims. .tJl1 J y".) J w is a misreading; the correct reading is: -ill 1 J" ..•.) Jl:A.l The whole line has, therefore, to be read: I"J j .)~,...r!.J! J 1 1".•...1 I,,; l5.J . . o I) ,Al 1 csk ~"l..l.J J L::A.l csl~ r-.A> 1 ;:.;.""; .tJl1 J" ..•) J L::A.l ~ . t! (16) "and they sent secretly to the Quraish when they encamped at Uhud in order to fight the Prophet and they incited them to fight and showed them the weak spots" ... This line explains the reason why the Prophet came to the Banu al-Nadir asking them to help him to pay the indemnity of the two men of Kilab killed by one of his anderents: the Banu al-Nadir were accused of cooperation with the Quraish when they attacked the Muslim army at Uhud and their payment of a part of the 2 Op. cit., p. 74 supra (Comments Verso, 1.15-17). Notes on the Papyrus Text 235 indemnity was a kind of retribution for their hostile attitude towards the Prophet. There is a passage which closely resembles this line of the papyrus; it is a fragment of the account by Musa b. CUqbaof the campaign against the Banu al-Nadir, quoted by al-Zurqani in his "Shar!) al-Mawahtb'v and runs as follows: Verso, 1.16 is, in fact, a parenthetical sentence forming an explanation of the moral basis of the demand of the Prophet from the Banu al-Nadlr to participate in the indemnity of the two men of Kllab, protected by him and killed by one (or two) of his adherents. It is closely connected with the report of Musa b. 'Uqba: the author of the papyrus does, however, not follow Musa b. 'Uqba in the rest of his report or in his chronological order of the events: this is evident from the account quoted by al-Bukhari on the authority of Musa b. 'Uqba. This account, traced back to Ibn 'Umar, contains a version of the course of the events in the campaign of the Prophet against the Banu al-Nadir which is quite different from that given in the report of the papyrus.s The account of the papyrus is a peculiar one: it combines the tradition about the conspiracy between the Banu al-Nadir and Quraish with the tradition of the payment of the indemnity. It is obvious that we have here a version hitherto un-recorded. Verso 1. 17 is to be read: d: And when the Messenger of God spoke to them about the indemnity for the two men of Kllab they said ... II In an elaborate chapter about the author of the papyrus, Professor Abbott suggests that the author of the papyrus is Ma'rnar b. Rashld.e This conclusion is reached by a process of elimination and looks on the face of it plausible enough. A short notice, however, in al-Zurqanl's "Sharh al-Mawahib" makes this suggestion hardly tenable. Al-Zurqani, discussing the chronology of the Prophet's raid against the Banti al-Nadlr, quotes a passage in al-Suhayli's "AI-Rau<;lal-Unuf" to the effect that CUqaylb. Khalid and another (traditionist) transmitted on the authority of al-Zuhri, that the raid against the Banu al-Nadir took place 6 months after the battle of Badr.s Al-Zurqani remarks: "The other (scholar) is Ma'rnar b. Rashid."? Al-Zurqani quotes, in fact, a tradition on the autority of 'Abd al-Razzaq Ma'rnar - al-Zuhri stating that the raid against the nann al-Nadir took II, 81, 1.12. See J. B. Jones, The chronology of the Maghazt, BSOAS 1957, page 249 n. 23 and p. 268. 5 Op. cit. p. 76. 6 "al-Raud al-Unuf" 11,176 in! led. 1914). 7 Al-Zurqanl, Sharh al-Mawahlb II, 79 I. 18 led. 1325 A. H.). 3 4 16* 236 M. J. KISTER place after the battle of Badr.s The attribution of the text contained in the papyrus to Ma'rnar b. Rashid must be rejected, since according to the correct reading of Verso 1. 16 it is plaintly stated in the text that the raid against the Banti al-Nadir took place after the battle of Uhud, III There is a parallel passage to the account of the raid against the Banil al-Nadir contained in the papyrus: it is found in the "naian al-Nubuwwa" of Abu Nu'iaym al-Isfaham.e The tradition quoted by Abu Nu'aym corresponds almost verbatim to the tradition of the papyrus. It is the only account-as far as I know-in which the story of the conspiracy of the Banil al-Nadir with the Quraish is combined with the tradition about the payment of the indemnity, exactly as in the account of the papyrus. The tradition in the "naian al-Nubuwwa" is told on the authority of cDrwa b. al-Zubayr, and the chain of the transmitters is: Sulayrnan b. Ahmad Muhammad b. "Amr b. Khalld - his father lO Ibn LahicallAbu 'l-Aswadt? - 'Urwa b. al-Zubayr. Both traditions are here reprinted. I am inclined to assume that the authorship of the papyrus can be attributed to Ibn Lalu'a, who lived in Egypt, acted as Qac;H (155-164 A. H.) and died there (ca. 170 A. H.) VIII, 25; his son Abu

'...Illā Bi-Ḥaqqihi...': A Study of an Early Ḥadīth

illa_bihaqqihi.pdf ...ILLA BI-HAQQIHI... A STUDY OF AN EARLY HADITH In memory of my friend Dov 'Iron The revolt of the tribes in the Arabian peninsula after the death of the prophet Muhammad, the so-called ridda, endangered the very existence of the Muslim community in Medina and the survival of the nascent commonwealth set up by the Prophet. The rebellious tribes, aware of the weakness of the new leadership of the Medinan community, strove to sever their ties with the new authority in Medina, broke their allegiance to the newly elected Caliph, Abu Bakr, and declared that the agreements they had concluded with the Prophet were null and void. They sought to regain their separate tribal existence, and to rid themselves of the authority of Medina. Thus, returning to the type of relations with Mecca which were in effect during the Jahiliyya, they were willing to negotiate over agreements with the Medinan leadership which would be based on the principle of non-aggression. Some chiefs of tribes proposed to defend Medina, and to protect the city against attacks by other tribes, in return for certain payments they would get. Abu Bakr refused to negotiate with the chiefs of the tribes and decided to fight the hostile forces in the vicinity of Medina. The Muslim troops dis~atched by Abu Bakr succeeded in crushing the revolt and in bringing the tribes of the peninsula under the authority of Medina. Abu Bakr thus assured the survival and the perpetuation of the commonwealth of Medina. Having brought the tribal forces under the control of Medina and having laid a solid foundation for their unity and loyalty, he sent tribal troops under Medinan command towards the northern and the eastern borders of the Arab peninsula, thus initiating the powerful Muslim conquests in the Persian and Byzantine empires. An examination of some data incorporated in the reports about the ridda may help in elucidating certain economic aspects. of the revolt. The scrutiny of a hadith which is often quoted in the story of the ridda may enable us to get a glimpse into the ideas held by certain groups of Muslim scholars concerning the conditions imposed on those willing to embrace Isiam after the death of the Prophet, the status of the ridda people, and the question whether it was right to make war on them. 34 The term ridda, apostasy, applied in the sources to the rebellious movement of the tribes, was questioned by Western scholars who pointed out the political and social aspects of the revolt. I The economic factors Ieading to the rebellion were clearly expounded by Shaban.' who emphasized the struggle which the tribes, whether allied to Medina or not, carried against the Medinan hegemony and the commercial interests which played a major part in intertribal relations. The economic effect of conversion to Isiam can indeed be noticed in some early traditions. Al-Shafi'I carries a report that (members of -K) Quraysh used to travel to Syria and Iraq with their merchandise. Upon their conversion to Islam they spoke to the Prophet of their fear that their income might suffer as a result of their break with unbelief and of their having become Muslims, a step which might displease the rulers of Syria and Iraq. The Prophet allayed their anxiety by predicting that the end of Persian and Byzantine rule was near. 3 The unrest in Mecca after the death of the Prophet, the feeling of uncertainty and the fear oflosing their means of sustenance if they remained Ioyal to Islam and kept their obligations seem to have cast a shadow over the city;" the inhabitants wavered in face of the tribal revolt and were reluctant to pay their taxes. Suhayl b. 'Amrs Wellhausen, See e.g. A.J. Wensinck, The Muslim Creed, London 1965(repr.);pp.II-12;J. Das Arabische Reich und Sein Sturz, Berlin 1960 (repr.), pp. 14-15; C. Brockelmann, History of the Islamic Peoples, New York 1947, pp. 45-6 (... "In this religious motives played scarcely any role at all; there was simply a desire to be rid of the troublesome rule of the Muslims in Medina."); W. Montgomery Watt, MulJammad at Medina, Oxford 1956, pp. 79-80, 147-150. M.A. Shaban, Islamic History. A new interpretation, Cambridge 1971, pp. 19-23. AI-Shafi'i, al-Umm, Cairo 1321 (repr. 1388/1968), IV, 94; al-Tahawt, Mushkil al-tIthtIr, Hyderabad 1333, I, 214 (from al-Shafi'I); and see the lJadfth: idhtI halaka kisrtI ... : al-Tal)awi, Mushkil, I, 212-217; al-Suyutl, al-Khalti'il al-kubrtI, ed. Khaltl Harras, Cairo 1387/1967, 11,412; Ibn Kathir, NihtIyat al-bidtIya wa-l-nihaya, ed, Muhammad Fahtm Abo 'Ubayya, Riydd 1968, 1,9-10; idem, ShamtI'iI al-rasid, ed. Mu~~afa 'Abd al-Wal)id, Cairo 1386/1967, p. 352; idem al-Bid4ya wa-[..nihtIya,Beirut 1966, VI, 194; AbO l-Mal)asin YOsufb. MOsa al-Hanafl, al-Mu'tasar min al-mukhtasar, Hyderabad 1362, I, 248-249. Several reports stress however that Mecca was not affected by the ridda movement; see e.g, al- Tabarl, Ta'rikh, Cairo 1357/1939, 11,475; al-Maqdisi, al-Bad' wa-l-ta'rtkh, ed, Huart, Paris 1899, V, 151 inf.; al-Shawkanl, Nayl al-autdr, IV, 135; al-'Ayni, 'Umdat al-qart, VIII, 244, I. II from bottom. See on him e.g. al-Zubayr b. Bakkar, Jamharat nasab quraysh wa-akhbtIrihtI, Ms. Bodley, Marsh 384, fols. 189a·190a; Mus'ab b. 'Abdallah, Nasab quraysh, ed. Levi-Provencal, Cairo 1953, pp. 417-418; Anonymous, al-Ta'rikh al-muhkam fiman intasaba iltI t-nabiyyt lalltI IltIhu 'alayki wa-sallam, Ms. Br. Mus. Or. 8653, fols. I 96a-197a; al-Dhahabi, Siyar a'ltIm al-nubaltI', ed. As'ad Talas, Cairo 1962, III, 32, 1,141-142; idem, Ta'n7ch al-isltIm, Cairo 1367, II, 15; Ibn Hajar, al-Isab«, ed. 'Ali Muhammad al-Bijawl, Cairo 139VI972, III, 212, no. 3575; Ibn 'Abd ai-Barr, al-Istt'db, ed. Mul)ammad al-Bijawi, Cairo 1380/1960, pp. 669-672, no. 1106; Ibn al-Athir, Usd al-ghtIba, Cairo 1280, 11,371-373; al-I:Iakim, al-Mustadrak, Hyderabad 1342, III, 281-282; Ibn al-'Arabi,AlJktImal-qur'tIn, ed. 'Air al-Bijawi, Cairo 138711967, 11,951 inf. - 952. ...ilia bi-haqqihi ... 35 ascended the minbar and addressed Quraysh; stressing the extent of his wealth he urged them to hand over their zakiit to the governor and promised to compensate them for any zakdt payment should the regime of Medina collapse." Al-Jarud, the leader of 'Abd al-Qays, promised his people to repay double the losses they would incur if they remained faithful to Islam." The tribes' unwillingness to pay the tax, the zakiit, is plairily reflected in the recorded speeches of the triballeaders and in the verses of their poets. It is noteworthy indeed that when the Ieaders of the rebellious tribes were captured and brought before Abu Bakr accused of apostasy, they defended themselves by saying that they had not become unbelievers, but were merely stingy with their wealth (i.e. they were reluctant to pay the zakdt from it - K).B Another aspect of the secession movement was the triballeaders' contention that their allegiance was confined to the Prophet; they had concluded their agreements with him, had accepted his authority and had given him the oath of allegiance; they had no commitment to Abu Bakr.9 The arguments of the secessionist tribes, who stressed the incompetence of the successor of the Prophet and claimed that they were exempted from paying the zakiit, are recorded in some commentaries of the Qur'an, They are said to have based themselves on Sura IX, 103: ..... Take aIms of their wealth to purify them and to cleanse them thereby and pray for them, thy prayers are a comfort for them ... ". It is the Prophet who is addressed in this verse and ordered to collect the tax; and it was the Prophet who was authorized to purify and cleanse them and to pray for them in return for Muhammad b. Habib, al-Munammaq, ed, Khurshld Ahmad Fariq, Hyderabad 1384/1964, pp. 260-261; al-Baladhurt, Ansab al-ashrdf, ed. Muhammad Hamldullah, Cairo 1959, p. 304: ... wo-ana ifijminun, in lam yatimma l-amru; an aruddaha ilaykum ... Cf. Ibn al-Athlr, Usd, II, 371 penult: anna rasiila lliihi lammd tuwuffiya irtajjat makkatu Iimii ra'at qurayshun min irtidddi 1-'arabi wa-khtafa 'attdbu bnu astdin al-umawiyyu, amiru makkata Ii-l-nabiyyits) fa-qdma suhaylu bnu 'amrin khattban ... ; and see Ibn Hisham, al-Sira al-nabawiyya, ed. MU~lafa l-Saqa, Ibrahim al-Abyarl, 'Abd al-Hafiz al-Shalabl, Cairo 1355/1936, IV, 316: ... anna akthara ahli makkata, lammii tuwuffiya rasiilu lliihi(~) hammii bi-I-rujii'i 'an al-isldmi wa-ariidii dhiilika /Jattii khii/ahum 'attdbu bnu asidin fatawiirii, fa-qama suhaylun ... ; 'Abd al-Jabbar, Tathbit dalii'if al-nubuwwa, ed. 'Abd alKarim 'Uthrnan, Beirut 1386/1966, p. 317; and cf. pp. 227-228. Ibn Abf l-Hadld, Shar/J nah} al-baliigha, ed. Muhammad Abu I-FaQI Ibrahlm, Cairo 1964, XVIII, 57. AI-Shafi'f,op. cit., IV, 134: ... wa-qiilii li-abtbakrin ba'da l-isdri: mii kafarnd ba'da imiininii we-lakin sha/Ja/Jnii 'alii amwiilinii ... ; al-Bayhaql, al-Sunan al-kubra, Hyderabad 1355, VIII, 178; al-Kala'I, Ta'rikh al-ridda, ed. Khurshid Ahmad Fariq, New Delhi 1970, p. 42; cf. ib. pp. 149, 170. See e.g. al-Shafi'I, op. cit., IV, 134; al- Tabarf, Ta'rikh, II, 417: a!a'niirasl1lalliihimii kdna was!anii:/a-yii 'ajaban mii biilu mulki abt bakri; Ibn al-'ArabI, op. cit., II, 994; Ibn Kathlr, al-Biddya, VI, 313; al-Khattabl, Ma'iilim al-sunan, Halab 1933,II,4;a1-Bayhaqf,al-Sunan al-kubra, VIII, 178. 36 their payment. Consequently they considered themselves dispensed from their obligations towards the Prophet, as his successor had not the ability to grant them the compensation mentioned in the Qur'an.'? It is rather doubtful whether the leaders of the seceding tribes indeed used arguments based on the interpretation of Qur'anic verses when they debated with the Muslim Ieaders; the recorded interpretation reflects however the idea held by the seceding tribal Ieaders that their obligations and allegiance were only binding towards the Prophet, not towards his successor. It is noteworthy that the Muslim tradition which emphasizes the religious aspects of the ridda secession also provides a clue to a better evaluation of the intentions of the rebellious tribes. Certain Iate compilations of hadith. and of fiqh are of importance for the elucidation of a number of terms occurring in the traditions. Wensinck quotes the commentary of al-Nawawi (d. 676 H) on Muslim's (d. 261 H) $aJ:zil:lin which it is said that there were three kinds of resistance in Arabia: there were two groups of unbelievers (viz. the followers of the false prophets and people who gave up religion altogether - K) and a group who did not renounce IsIam, but refused to pay the zakdt. Wensinck puts forward a very similar division: "those who followed religious or political adventurers and therefore turned their backs on Medina and Isiam and those who cut the Iinks with Medina without associating themselves with any new religious Ieader. This Iatter group did not, in all probability, reject IsIam; for their attachment to religion must have been too insignificant a fact. What they rejected was zakat':" The division, as recorded by al-Nawawi, can however be traced back to a period some four and half centuries earlier. Al-Shafi'I (d. 204 H) gives a similar division of the seceding groups, drawing a clear line between those who fell into unbelief like the followers of Musaylima, Tulayha and al-Aswad aI-'Ansl and those who refused to pay the zakiit, while remaining faithful to IsIam.12 It is significant that al-Shafi'I, in analyzing the problem whether it is permitted to fight and kill members of these groups, raises doubts whether the term ahl-al-ridda, "people of apostasy", can be applied to both of them. He finally justifies it by referring to them common usage of Arabic, in which irtadda denotes retreat from former tenets; this 10 11 12 Ibn al-'Arabi, op. ctt., II, 994; al-Qastallanl, Irshdd al-sart ii-sharI} ~al}i1;Ii /-bukhtirf. Cairo 1327, III, 6; al-Qurtubl, Tafsir (= al-Jdmi' Ii-al}ktimi I-qur'tin), Cairo 1386/1967, VIII, 244-245; Ibn Kathir, a/-Bidtiya, VI. 311. Wensinck, op. cit .• p. 13. Al-Shafi'I, op. cit.• IV, 134. ... illii bi-haqqihi.: 37 includes, of course, both: falling into unbelief and the refusal to pay the taxes. 13 When al-Shafi'I analyzes the status of the second group, he remarks that in their refusal to pay the zakiit they acted as if they were interpreting the verse Sura IX, 103 in the way mentioned above. Shafi'f is concerned with the problem of the false interpretation of the verse (al-muta'awwilun almumtani'iini and seeks to establish that fighting this group and killing its members is lawful, by comparing it to the group of Muslims rebelling unjustly against a just ruler (al-biighiin). He ultimately justifies without reserve the war-action taken by Abu Bakr against the group which refused to pay the zakat," The status of this group is discussed at length by al-Khattabi (d. 384 H) who states that they were in fact unjust rebels (wa-hii'ulii'i 'alii l-baqiqati ahlu baghyin) although they were not given this name at the time; this name became current at the time of 'AlL IS He remarks that among this group there were some factions who were ready to pay the tax, but who were prevented from doing so by their Ieaders. He further stresses that they were indeed not unbelievers (kufjiir); they shared the name ahl al-ridda with the unbelievers because Iike them they refused to carry out certain duties and prescriptions of the faith." The argument of this group in connection with the verse Sura IX, 103 is here recorded in a peculiar context, revealing some details of later polemic over religious and political issues in connection with the decision of Abu Bakr to fight those who refused to pay the zakdt, Al-Khattabl identifies explicitly the people who passed sharp criticism on Abu Bakr's action; those were certain people from among the snrt rawiifid, who stated that the tribes refusing to pay the zakat merely held a different interpretation for the verse mentioned above (Sura IX, 103): it was the Prophet who was addressed in the verse and only the Prophet could purify them and pray for them." As a consequence it was not right to fight them and Abu Bakr's military action was oppressive and unjust. A certain Shi'I faction argued indeed that the group which had refused the zakdt payment suspected Abu Bakr and considered him unworthy of being entrusted with their property (scil, of having it handed over to him as taxK). Al-Khattabi refutes these arguments and marks them as lies and Il 14 IS Al-Shafi'I, op. cit., ib. (...fd-in qiila qd'ilun: md dalla 'alii dhdlika wa-l-timmatu lahum ahlu l-ridda ...). AI-Shafi'l, op. cit., IV, 134. taqulu 16 17 AI-Khallabl,op. cit., 11,4; and see p. 6: ..fa-ammii mlini'u l-zakdti minhum t-muqtmana 'alii alii l-dint fa-innahum ahlu baghyin ... ; cr. al-Shawkant, Nayl al-autdr, Cairo 1372/1953, IV, 135-137 (quoting al-Khattabt), AI-Khal\abl,op. cit., II, 6. cr. above, note 10; and see al-Sh~wkanl, Nayl, IV, 136. 38 calumnies. Al-Khattabi argues that the verse was actually addressed to the Prophet, but that it put an obligation on all the believers and that it is incumbent upon all the believers at all times. Cleansing and purificaticn will be granted to the believer who hands over the zakiit and it is recommended that the imam and the collector of taxes invoke God's blessing for the payer of the tax. Further al-Khattabi strengthens his argument by a hadith' of the Prophet. According to this tradition the last words of the Prophet were: "Prayer and what your right hands possess." This hadtth is usually interpreted as a bid to observe the prayer and to take care of one's dependents; but al-Khattabi's interpretation is different; according to him "md ma/akat aymdnukum"; "what your right hands possess" refers to property and possessions and has to be understood as an injunction to pay the zakdt tax." According to this interpretation zakdt goes together with prayer. Consequently al-Khattabi deduces that zakdt is as obligatory as prayer and that he who is in charge of prayer is also in charge of the collection of zakiit, This was one of the considerations which induced Abu Bakr not to permit that prayer be separated from tax and to set out to fight the group Ioyal to IsIam, but refusing to pay the zakdt. Finally al-Khattabi compares Abu Bakr's attitude towards this group and the rules which would apply nowadays should such a group, or a similar one arise. In the period of Abu Bakr the aim was merely to compel the rebels to pay the tax; they were not killed. The Ieniency shown towards them took into consideration their ignorance since they had been in Islam only for a short period. But a group who would deny zakdt nowadays would be considered as falling into unbelief and apostasy and the apostate would have to be killed. 19 The discussions concerning the Iawfulness of Abu Bakr's decision to fight this group can thus be understood as a Iater debate with the aim of a positive evaluation of Abu Bakr's action against the rebellious tribes, and providing convincing proof that his action was in accordance with the prescriptions and injunctions of the Qur'an and with the sunna of the Prophet. The precedent of Abu Bakr had to serve as an example for dealing with similar cases of revolt in the contemporary Muslim Empire. The Sunni assessment of Abu Bakr's action is put forward in an utterance attributed to al-Hasan al-Basri and recorded by AbU Sukayn (d. 251 18 19 See both interpretations in Ibn al-Athir's al-Nihdya s.v. mlk; L 'A s.v. mlk; and cr. e.g, Ibn Sa'd, TabaqOt, Beirut 1376/1957, II, 253-254; 'Abd al-Razzaq, al-Muiannq{, ed.I;IabIb al-Rahman al-A'zaml, Beirut 1392/1972, V 436 (ittaqr1 114hajr l-nis4'i wa-mO malakat aym4nukum); Nilr ai-Din al-Haythaml, Majma' al-zawO'id, Beirut 1967 (reprint) IV, 237. AI-KhaUibr,op. cit., 11,6-9; cr. Ibn Kathtr, Ta!sfral-qur'On, Beirut 1385/1966, III, 488. ...uta bi-haqqihi ... 39 H)20in his JuZ'.21 Al-Hasan evaluates the crucial events in the history ofthe Muslim community according to the actions of the men who shaped the destiny of the community for ever. Four men set aright the Muslim community. al-Hasan says, and two men impaired and spoilt it. 'Umar b. al-Khattab set it aright on the Day of the Hall of the Bam} Sa'ida , answering the arguments of the Ansar who demanded an equal share in authority with Quraysh. He reminded the assembled that the Prophet ordered Abu Bakr to pray in front of the people (thus establishing his right to rule the people - K) and that the Prophet uttered the bidding saying: "The leaders are from Quraysh" (al-a'immatu min quraysh). The Ansar convinced by the arguments of 'U mar dropped their claim for a QurashiAnsari duumvirate of two amlrs, But for 'Umar people would litigate upon the rights of the Caliphate until the Day of Resurrection. Abu Bakr set aright the Muslim community during the ridda. He asked the advice of the people (i.e. the Companions of the Prophet - K) and all of them advised him to accept from the rebelling tribes their commitment of prayer and give up their zakat. But Abu Bakr insisted and swore that if they withheld even one string which they had been in the habit of paying to the Messenger of Allah he would fight them. But for Abu Bakr, says al-Hasan, people would stray away from the right path until the Day of Resurrection. 'Uthrnan saved the community like 'Umar and Abu Bakr by the introduction of the single reading of the Qur'an. But for 'Uthman people would go astray on the Qur'an until the Day of Resurrection. Finally 'Ali like his predecessors set aright the community by refusing to divide the captives and spoils of his defeated enemies after the Battle of the Camel, thus establishing the rules which apply in a case when factions of the believers (ahl al-qibla) fight each other. In contradistinction to these four righteous Caliphs two men corrupted the Muslim community: 'Amr b. al-'A~ by the advice he gave to Mu'awiya to lift the Qur'ansrat Siffin - K) which caused the khawdrij and their tahkim to appear; this (fateful split of the community - K) will last until the Day of Resurrection. The other wicked man is al-Mughira b. Shu'ba, who advised Mu'awiya to appoint his son (Yazid) as Caliph, thus establishing a hereditary rule. But for al-Mughira the shUra principle of election would have persisted until the Day of Ressurection. The utterance of al-Hasan al-Basri expounds clearly the Sunni view about the role of the four Guided Caliphs in Muslim historiography. It is an adequate response to the Shi'i accusations directed against the three 20 21 Zakariya b. Yahya al-Kuft; see on him Ibn Hajar, Tahdhib al-tahdhib, III, no. 627; ai-Khatib al-Baghdadl, Ta'rfkh baghdad, VIII, 456, no. 4569. Ms. Leiden Or. 2428, fols. 4b-5a (not recorded by Sezgin); cf. Abii l-Mahasin Yiisuf b. Miisa, op. cit., I, 222. 40 first Caliphs. The credit given to Abu Bakr in establishing the zakdt as a binding prescription Iasting until the Day of Resurrection is ignored in the -Shi'i commentaries of the Qur'an: it is true that zakdt is a fundamental injunction imposed on every believer; but the prerogative of the Prophet mentioned in Sura IX, 103 (purification and cleansing) was transferred to the imam (i.e. the Shi'i imam - K). Accordingly people need the imam to accept their aIms in order to gain purification; the imiim, however, does not need their property (handed over to him - K); anyone who claims that the imiim is in need of the wealth of the people is a kafir." In support of the notion that Abu Bakr's decision to fight the people of the ridda was right, Sunni tradition states that the revolt and Abu Bakr's steps are foretold in the revelation of the Qur'an (Sura V, 54): "0 believers, whosoever of you turns from his religion God will assuredly bring a people He loves and who Iove Him" ... The people whom God Ioves and who Iove God refers to Abu Bakr and the men who aided him in the struggle against the ridda revolt." Shi'i traditions maintain that the verse refers to 'Ali and his adherents, to whom the description of people Ioving God and Ioved by God is applied. 'Ali and his adherents were thus ordered to fight the people who had 22 2! Al-Bahran! a1-TaubaII al-KataklinI, al-BurhtInft ta/sfri l·qur'4n, Qumm 1393, II, 156: al-'AyyAshi, al-Ta/sfr, ed, HAshim al-Rasiili a1-Mal)allAtr, Qumm 1371, II, 106, no. 111; and see about the case of paymcnt of the sadaqa to the governors of Mu'Awiya during the strugglc between him and 'All: al MajlisI, Bil}iir al-anwar, Tehran 1388, XCVI, 69-70, no. 45 (...Iaysa lahu an yanzila bil4dana wa-yu'addiya sadaqata malihi i/a 'aduwwin4); cf. ib. p. 68, no. 41 ial-mutasaddiqu 'ala a'dli'in4 ktrl-sariqi ft haram: Ilahl); and see the argument establishing that it is lawful for the Shi'I imams to receive the zak4t, because they werc deprived of the khums: ib., p. 69 no. 44. Comp. Ibn Babuyah al-QummI 'Ilal al-shar4'i, Najaf 1385/1966 p. 378 (about receiving of the khums by the Shf'I imam: ... innf laakhudhu min a/.ladikum l-dirhama wa-innt lamin akthari ahli l-madtnati mdkm, ma urtdu bi-dhdhka ilia an tunahanT). Al-Tabarl, Tafsir, ed. Shakir, Cairo 1957, X, 411-414 (nos. 12177-12187), 418 (no. 12201), 419-420; al-Qurtubl, op. cit., VI, 220; 'Abd al-Jabbar, Tathbftdala'ilal-nubuwwa, ed. 'Abd al-Kartrn 'Uthman, Beirut 1386/1966, pp. 417 inf. -418, 424 (and see 'Abd al-Jabbar's refutation of the claim of the zanadiqa that Abil Bakr was an apostate, p. 418); Abill-Layth al-Samarqandi, Ta/sfr, Ms. Chester Beatty 3668, I, 165a; al- Tha'labI, Tafsir, Ms. Br. Mus. Add. 19926, p. 389; al-Naysaburt, Ghara'ib al-qur'4n wa-ragh4'ib al-/urq4n, Cairo 138111962, VI, 114; al-Khazin, Lub4b al-ta'wil, Cairo 1381, II, 54 (see ib.: wa-qdla abu bakr b. 'ayyash: sami'tu aba lrusayn yaqulu: m4 wul/da ba'da I-nab/yyi afdalu min abt bakrin I-#ddfqi; laqad qama maqdma nabiyyin min al-anbiy4 ft qitali ahli l-ridda; al-BaghawI, Ma'alim al-tanztl (on margin of al-Khazin's Lubab) II, 53-54; Abil Hayyan, al-Bahr al-mu/.lf" Cairo 1328, III, 511; al-Suyutl, al-Durr al-manthtlr, Cairo, II, 292-293; Ibn Kathlr, Tafsir, II, 595. According to other traditions the verse refers to some tribal groups of aI-Yaman (Kinda, Ash'ar, Tujib,Sakiln), to the An,Ar, to the people who fought at Qadisiyya, to the Persians who will embrace Islam. And sec Ibn Kathlr, al-Bid4ya, VI, 312; Ibn Hajar al-HaytamI, al-$awtTiq al-mulrriqa, ed. 'Abd al-Wahhlib 'Abd al-Latlf, Cairo 1375, pp. 14-15. ...ilia bi-haqqihi.: 41 broken their vow of allegiance tal-ndkithin - i.e. Talha and aI-Zubayr), the people who strayed away from the true faith (al-mdriqin - i.e. the khawiiri]) and the unjust (a/-qiis(tfn - i.e. Mu'awiya and his adherents)." The various interpretations recorded in the Qur'an commentaries expound the diverse views about the ridda revolt, evaluate the decision of Abu Bakr to fight the rebellious tribes and try to establish the Iegal base of his fight, emphasizing his sound judgment, his courage and devotion to the faith of Islam. The widely current tradition about Abu Bakr's decision to fight the rebellious tribes is connected with the interpretation of an utterance of the Prophet concerning the creed of Islam and the conditions of conversion. Abu Bakr is said to have discussed the intent of the utterance with 'Umar and to have succeeded in convincing 'Umar that his interpretation was the right one. Consequently 'Umar and the Companions joined Abu Bakrwho declared war on the tribes who, though claiming allegiance to IsIam, refused to pay the prescribed tax of zakiit, This crucial report is rendered by Wensinck as follows: When the Apostle of Allah had departed this world and Abu Bakr had been appointed his vicegerent, and some of the Beduins had forsaken Islam, 'Umar ibn al-Khattab said to Abu Bakr: How is it possible for thee to make war on these people, since the Apostle of Allah has said: I am ordered to make war on people till they say: There is no God but Allah? And whoever says: There is no God but Allah has thereby rendered inviolable his possessions and his person, apart from the duties which he has to pay. And it belongs to Allah to call him to account. Thereupon Abu Bakr answered: By Allah, I shall make war on whomsoever makes a distinction between the saldt and the zaktit. For the zakdt is the duty that must be paid from possessions. By Allah, if they should withhold from me a string which they used to pay to the Apostle of Allah, I would make war on them on account of their refusal. Thereupon 'Umar said: By Allah, only because I saw that Allah had given Abu Bakr the conviction that he must wage war, did I recognize that he was right." This report with its different versions, was the subject of thorough analysis and discussion by Muslim scholars. The significant feature of this tradition is the single shahdda: "There is no deity except Allah." Acting 2. AI-Bal)nlni,op. cit .• 1,478-479; al-Naysabiirl, op. cit., VI, 114 inf. -115; al- Tabarsi, Ta/sl'r Majma' al-baydn fi tafsiri I-qur'dn) Beirut 1380/1961, VI, 122-124 (quoting sunnf traditions as well). Wensinck,op. cit., pp. 13-14. ( = * " 42 according to the hadith cast in this way would indicate that the single shahiida declaring the oneness of God, without complementing it with the shahdda of the prophethood of Muhammad, is sufficient as a declaration of faith, preventing any Muslim to attack or harm the person uttering it and protecting that person and his possessions from any injury and damage. There are indeed some traditions in which it is prohibited to fight people uttering the shahiida of belief: Iii ildha illii lliih. "If one of you draws the spear against a man and the spearhead reaches already the pit of his throat, he has to withdraw it if the man utters the shahiida of Iii iliiha illii lldh."?" This injunction is supplemented by a decision of the Prophet in a hypothetical case brought before him by al-Miqdad b. 'Amr. "If an unbeliever fighting me would cut off my hand, then he would utter Iii ildha illii lldh, shall I spare him or kill him"? - asked Miqdad, "You should spare him", answered the Prophet. "After he had cut off my hand?" - interpellated al-Miqdad, The Prophet said confirming his prior utterance: "Yes. And if you were to kill him (sci!. after he had uttered the single shahiida - K) you would be in his position before his utterance (i.e. you would become an unbeliever - K). "27 Another case is recorded in connection with the Prophet himself: a man talked secretly with the Prophet. Then the Prophet gave the order to kill him. When he turned back the Prophet called him and asked him: "Do you attest that there is no deity except Allah"? "Yes", answered the man. The Prophet then ordered to release him and said: "I have been merely ordered to make war on people until they say Iii ildha illii lliih: when they do their blood and possessions are inviolable by me. "28 It is noteworthy that the phrase of exception illii bi-haqqihd is not recorded in this version. It is however recorded by al-Tahawf" and by Ibn Majah himself in two other traditions recorded by him.'? This tradition according to which the mere utterance of the oneness of God was sufficient as proof of conversion to Isiam and granted inviolability of person and property was of paramount importance to scholars of Muslim jurisprudence in establishing the terms of conversion. It is obvious that these scholars could hardly agree with the formula of one shahiida ~s a condition of conversion." Some of the commentators of this tradition 2. 27 28 2. 30 Jl See e.g. ai-Muttaqi al-Hindl, Kanz al-ummat; Hyderabad 1364, I, 76, no. 369 (and cf. e.g. ib., pp. 38-41, nos. Ill, 112, 118, 119, 120, 123, 124, 126, 127, 130-132, 136... ). Al-Tahawl, Shar~ ma'iinfl-iithdr, ed. Muhammad Zuhrl l-Najjar, Cairo 1388/1968, III, 213; Abii l-Mahasin Yiisuf b. Musa, op. cit., I, 215-217; al-Bayhaql, al-Sunan al-kubrd, VIII, 195. Ibn Majah, Sunan al-mustafd, Cairo 1349, II, 458. AI-Tabiiwi, Shar~ ma'iini I-iithiir, III, 213. Ibn Majah, op. cit., II, 457; aI-Muttaqi l-Hindi, op. cit., I, 77, no. 373. In a similar story recorded by Ibn Hajar, al-Isdba, VI, 419, NOr ai-Din al-Haytharnl, op. cit., VI, 262. The man who apostatized three times and finally converted to Islam ...i/Ia bi-haqqihi.: shahdda 43 tried to attach to the shahdda of the oneness of God the implied sense of the of the prophethood of Muhammad; the badith in the recorded version is merely an allusion (kiniiya) to the open announcement of conversion to Islam (i?hiir shi'iir at-islam) and includes in fact the shahdda about the prophethood of Muhammad and the acceptance of the tenets of his faith." Some scholars regarded those who uttered the shahdda of the oneness of God as Muslims who shared the rights and obligations of other Muslims." Other scholars maintained that the utterance of the shahdda itself did not indicate conversion to IsIam; it merely indicated a renunciation of the former belief. It could however not be concluded that they had embraced Islam; they might have joined another monotheistic faith which, though attesting the oneness of God, is yet considered unbelief(kuJr). As a result it was necessary to suspend fight against such people until it was made clear that there was an obligation to make war on them. It eould thus be deduced that this tradition refers to polytheists, who had to utter the shahiida.34 It is evident that the injunction of the hadith' does not apply to Jews, who are monotheists and who uphold the oneness of God as a tenet of their faith. Hence when the Prophet handed over the banner to 'Ali and bade him fight the Jews of Khaybar, he enjoined him to fight them until they utter both shahiidas: of the oneness of God and of the prophethood of Muhammad." But the utterance of both shahddas by the Jews is not sufficient in the opinion of aI-Tahawi, as it does not confirm beyond doubt the Jews' conversion to Islam. It is, namely, possible that they attest the prophethood of Muhammad besides the oneness of God while they believe that Muhammad was sent as Messenger to the Arabs only." The utterance of the two shahddas by Jews denotes that they have renounced their faith; but it does not necessarily mean that they have embraced Islam. The Muslims fighting them are therefore obliged to cease fighting until they ascertain what is the real intention of the Jews, exactly as in the case of the polytheists uttering the soIe shahiida of the oneness of God. In both cases there is no evidence that the people making the declaration have joined IsIam; conversion to Isiam cannot be affected without the renunciation of the former faith of the convert; in the case of the Jews an additional uttered, however, the double shahdda: of the oneness of God and of the prophethood of Muhammad. Al-Sindi,/fashiya (= al-Nasa'I, Sunan, Cairo 1348/1930) V, 15; idem,/fashiya( = Ibn Miijah, op. cit., II, 457). Al-Tahawl, SharI} ma'ani, III, 213, penult: qdla abiija'far: fa-qad dhahaba qaumun ild anna man qala la ildha ilia llahu faqad sara bihd musliman, lahu ma li-l-muslimina wa-'alayhi ma 'ala l-muslimtna wa-lJtajjii bi-hddhihi I-athdri. Al-Tahawl, SharI} ma'anT, III, 214. Muslim,op. cit., VII, 121. AI-Tat,iiwi, SharI} ma'ani, III; 214. 32 Jl ,. JS J6 44 stipulation was added: to ascertain that they have fully accepted the tenets of Islam without reservations. A peculiar case of this kind is reported in a tradition about two Jews who uttered the two shahiidas, but were reluctant to follow the Prophet because the Jews believe that Dawud prayed to God asking that prophethood remain among his descendants; had those two Jews joined the Prophet the other Jews would have killed them." The confession of the two Jews and their declaration of the prophethood of Muhammad was insufficient to make them Muslims and they remained Jews. The Prophet did not order to fight them so as to force them to , commit themselves to all the injunctions and tenets of Islam, as stated by al-Tahawi. 38 In harmony with the idea that conversion to Isiam implied the convert's renunciation of the former faith was a tradition attributed to the Prophet according to which one who utters the shahiida of oneness of God and renounces the gods which he had worshipped before - God will make inviolable his person and property (literally: harrama lldhu damahu wamiilahu) and it is up to God to call him to account." It was, of course, essential to establish in which period the Prophet uttered hadtths of this type in which the condition of conversion to Islam was confined to the shahdda of the oneness of God and to assess their validity. Sufyan b. 'Uyayna maintained that this utterance was announced at the beginning of IsIam, before the prescriptions of prayer, zakdt, fasting and hijra were revealed." One can easily understand why some Muslim scholars tried to establish the early date of this tradition and state that as a result it must have been abrogated after the imposition of the above mentioned injunctions. This can be deduced from the comment of Sufyan b. 'Uyayna. Ibn Rajab tries to undermine the validity of the hadtth and also of Ibn 'Uyayna's comment. The transmitters of the hadith, says Ibn Rajab, were the Companions of the Prophet in Medina (i.e. not in the first period of IsIam, in Mecca - K); some of the persons on whose authority the badflh is reported converted to Islam in the Iate period (scil. of the Iife ofthe Prophet - K); therefore the soundness of the tradition as traced back to Sufyan is a moot question (wa-jf #bbalihi 'an sufydna nazari and his opinion has to be J7 See e.g. al-Dhahabl, Ta'rtkh, Cairo 1367, I, 223; Ibn Kathir, ShamtI'i/ al-rasul wa-dald'il nubuwwatth! ... ed. Muuafii 'Abd al- Wiibid, Cairo 1386/1967, p. 333; Ibn al-Athir,lami' al-u/ul min a/;ItIdithil-rasul, ed. Muhammad Hamid al-Fiqi, Cairo 1374/1955, XII, 96, no. 8899; Ibn Abi Shayba, Ta'rtkh, Ms. Berlin 9409 (Sprenger 104), fol. 5a-6a; alTabawi, SharI) ma'tInf, III, 215. Al-Tahawl, SharI) ma'ani, III, 215. Muslim, op. cit., I, 40 sup.; Ibn Rajab, Jami' al-'ulum wa-l-hikam, ed. Muhammad al-Ahmadl Abii I-Niir, Cairo 1389/1970, I, 180. Ibn Rajab, Jami', ib. 31 30 40 ..,ilia bi-haqqihi ... 45 considered weak. Ibn Rajab examines further the phrase 'asamii minni dimd'ahum wa-amwdlahum (they will cause their blood and property to be inviolab1e by me) in the tradition, arguing that this phrase indicates that the Prophet had already been ordered to make war on those who refused to convert to IsIam; this injunction was revealed to the Prophet after hishijra to Medina." According to the arguments of Ibn Rajab the Prophet uttered this hadtth after his hijra to Medina. Ibn Rajab puts forward a different assumption about the persistent validity of the tradition, and explains its origin on the background of the Prophet's custom and conduct with regard to conversion to Isiam. The Prophet used to be satisfied with the mere recitation ofthe two shahiidas by a convert to Islam; he would then grant the convert the right of inviolability for his person and regard him as Muslim. He even rebuked Usama b. Zayd for killing a man who uttered only the shahdda of the oneness of God. The Prophet, argues Ibn Rajab, did not stipulate with converts prayer and the payment of zakdt. There is even a tradition according to which he accepted the conversion of a group who asked to be dispensed from paying the zakdt, Further, Ibn Rajab quotes from Ahmad b. l;Ianbal'sMusnadthe /:Iadfth(recorded on the authoity of Jabir b. 'Abdallah) reporting that the delegation of Thaqif stipulated (in their negotiations with the ProphetK)42 that they would not pay the sadaqa nor would they participate in the expeditions of the holy war, jihad; the Prophet (agreed and - K) said: "They will (in the future - K) pay the sadaqa and will fight.'?" Another tradition recorded by Ibn Hanbal and quoted by Ibn Rajab states that the Prophet accepted the conversion of a man who stipulated that he would pray only two prayers (instead offive, during the day - K). Ibn Hanbal also records a tradition reporting that Hakim b. Hizam gave the Prophet the oath of conversion on the condition that he would not perform the rak'a during prostration." Basing himself on these traditions Ahmad b. Hanbal concluded that conversion to Islam may be accomplished despite a faulty stipulation; subsequently, the convert will be obliged to carry out the prescriptions of the law of Islam." " ., ., •• Ibn Rajab, Jdmi", ib.; cf. idem, Kalimat al-ikhlii/, ed. al-Shawish and al-Albanl, Beirut 1397, pp. 19-21. Cf. JSAl ( = Jerusalem Studies in Arabic and Islam) I (1979), 1-18, "Some Reports Concerning al-Ta'if." Ibn Rajah, Jami', I, 180; the version quoted is in some traditions followed by the phrase: idhti astama . Ibn Rajab, Jdmi'; I, 180-181. Ibn Rajab, Jami'; I, 181: ... wa-akhadha l-imdmu ahmadu bi-hadhihi I-al)tidfthi wa-qala: ya#Mu l-islamu 'ala l-sharti 1-f4sidi; thumma yulzamu bi-shara'i'i I-isltimi. 46 Ibn Rajab joins Ibn Hanbal in his opinion and sums up the subject as follows: The utterance of the two shabada« by itselfforms the conversion and is sufficient to turn the convert inviolable; when he enters Islam he has to carry out the obligatory prescriptions of the Muslim Iaw including, of course, prayer and zakdt, If he performs them, he shares in the rights and duties of the Muslim community. Ifa group of converts does not carry out any of these fundamental obligations, they should be fought and compelled to carry them OUt.46 It may be assumed that the utterance of the Prophet promising inviolabili ty to the person and property of converts who utter the shahiida of the oneness of God, as quoted by 'Umar in his discussion with Abu Bakr, was contrasted by traditions according to which the convert had to utter the shahddas of oneness of God, and of the prophethood of Muhammad and renounce the tenets of his former faith. There was a clear tendency to bridge over the divergent traditions. The question of'Umar as to how Abu Bakr could fight the people (al-niis) since the Prophet had stated that he would make war on them only until they utter the single shahdda of the oneness of God was explained as a misunderstanding. 'Umar referred in his question to the unbelievers, as al-nds denoted in his perception idol worshippers; the utterance of the Prophet referred, of course, to these people. But Abu Bakr intended to fight also people who refused to pay zakdt, but did not renounce Islam; thus the word al-nds included in his opinion this category of people as well, Both Abu Bakr and 'Umar did not remember during their talk the hadith' transmitted by 'Abdallah, the son of 'Umar, in which conversion to Islam was explicitly said to depend upon the utterance of both shahddas, the performance of prayers and the payment of zakat:" Abu Bakr based himself on the Iast phrase of this 'utterance and replied: "By God I shall make war on those who make a distinction between prayer and the zakiit-tax, as the zakiit is a duty imposed on property"; 'Umar seems not to have noticed the phrase of exception: illa bi-haqqihi at the end of the utterance. This phrase was rendered by the commentators: illii bi-haqqi l-isldmi and explicated as referring to murder, refusal to perform the prayer, refusal to pay the zakiit by false interpretation (of the verses of the Qur'an - K) and other things (i.e. either the committing of crimes or negligence to carry out the prescriptions of the Muslim Iaw - K). Abu Bakr thus explained to 'Umar that the person uttering the shahdda of the oneness of God is in fact granted the inviolabiIity of body and property and should not be fought except on the ground of 4' Ibn Rajab, Umi', I, 181-182, See the tradition e.g. Ibn Rajab, Kalimat al-Ikhldi. ... ilIii bi-haqqihi ... 47 the Islamic law, which makes it necessary to fight people committing crimes or grave religious sins. As there was unanimity among the Companions that the non-performance of prayer was a gra ve sin, it was the duty of a Muslim ruler to make war on groups refusing to carry out this prescription. Abu Bakr, stating that he will make war on people who would separate prayer from zakdt, based himself on the principle of qiyds, analogy, putting zakiit on a par with prayer, salat:" Some other aspects in connection with the Iegitimacy of the war against the ridda people are pointed out by al-Jassas, Abu Bakr decided to fight the people of the ridda not because they did not pray, or because they did not pay zakdt; the decision to fight people for not paying the zakdt cannot be taken in the period of the year when people are not expected to pay; and people cannot be fought because they do not pray, as there are special times for prayer. The right reason for Abu Bakr's decision to make war on the people of the ridda was the fact that they refused to commit themselves to pay the zakdt; by this refusal they renounced (kajarii) a verse of the Qur'an (sci!. a prescription of the Qur'an) which was in fact a renunciation of the whole Qur'an. This was the basis for the decision of Abu Bakr to fight them, since they turned apostates by this renunciation." Another problem discussed by al-Jassas is the person authorized to Ievy the tax. Some of the triballeaders were ready to collect the tax and accept the injunction of the Qur'an as obligatory; they were however reluctant to hand over the tax to the Caliph or his officials. But Abu Bakr adhered to the precedent of the Prophet, demanded that the zakdt be delivered to the Caliph and considered war against people who refused to deliver it as justified." This argument was, of course, closely connected with the practice which was followed in the Muslim empire towards rebellious groups who refused to hand over the collected tax to the official of the Caliph. Some Muslim scholars drew weighty conclusions from the story about the discussion between Abu Bakr and 'Umar about the way in which utterances of the Prophet circulated during that early period. These scholars assume that Abu Bakr and 'Umar were not familiar with the utterance of the Prophet in which prayer and the zakdt were explicitly mentioned as necessary concomitants of conversion. It is presumed that Ibn 'Urnar who transmitted this tradition (i.e. in which prayer and zakiit were mentioned as fundamental conditions for conversion to Isiam - K) did not attend their conversation. It can further be deduced, according to some scholars, that even great men among the sahaba could have been ignorant of a sunna, •• •• so Cf. Ibn Rajab, Jdmi', I, 184 inf. -185 . AI-Ja~~ii~, Abkam al-qur'dn, Qustantlniyya AI-Ja~~ii~, op. cit., III, 82 inf. -83 sup. 1338, III, 82-83. 48 while others might have known it. Hence one should not lend weight to personal opinions of men if they may contradict a reliable tradition about a sunna. The word uqdtil served as argument for some scholars, who concluded that people refusing to pay the zakdt should be fought until the zakdt is collected from them; there is no permission to kill them; others maintained that it is lawful to kill." The interpretation of the crucial expression ilia bi-haqqihi (or: bi/:laqqiha) seems to have been closely connected with the commentaries on Sura VI, 151: wa-ki taqtulu l-nafsa /latf harrama lliihu ilia bi-l-haqqi "and that you siay not the soul God has forbidden, except for right". Al-Qurtubi states that the verse constitutes a prohibition to kill a person whose killing is forbidden, whether a believer or an ally tmu'minatan kdnat [i.e. al-najs] aw muiihiddtan) except on the basis of (a prescription of) Muslim law, which bids to kill him." Al-Qurtubi, basing himself on Qur'an verses and on hadiths, enumerates the cases in which the execution of sinners is mandatory: murderers, fornicators, rebels, usurpers and homosexuals; the list includes people refusing to perform the prescribed prayers and to pay the zakiit; the hadith: umirtu ... ilIa bi-haqqihi is quoted as reference for the indication of ilia bt-baqqihi:" Slightly different is the explanation given to the expression ilia bi/:laqqihii,appearing in another version of this hadtth," The personal suffix hii in this version refers to dimd'uhum wa-amwiiluhum, "Their blood and property" (literally: their blood and properties) and is explained by saying that their blood and possessions are inviolable except when they are convicted of crimes or sins or unfulfilled religious prescriptions (like abandonment of prayer, or the non-payment of zakat- K); "bi-haqqihii" indicates II 12 " See the discussion: Ibn Hajar, Fat~ al-bdri, shar~ ~a~i1)al-bukhdrt, Bulaq BOO, I, 71-72; al-'AynI, 'Umdat al-qiirf, shar~ ~a~i1)al-bukhdrt, n. p. 1348 (repr. Beirut), I, 110 inf., 179-183, VIII, 235·236, 244-277; al-Qastallani, Irshad al-sart, III, 6-7; cf. Mahmud Muhammad Khattab al-Subkl, al-Manhal al-tadhb al-maunid shar~ sunan abt diiwr1d, Cairo 1390, IX, 114-123; Ibn Rajab, Jiimi', I, 185-188; al-Qurtubl, Tafsir, Cairo 1387/1967, VII, 331-332. Al-Qurtubl, Tafsir, VII, 133... au mu'dhidatan il/ii bi-l-haqqi lladht yiijibu qatlahti. Cf. al-Tabarl, Tafsir (ed. Shakir) XII, 220:, yu'nii bi-mii abii~a qatlahd bihi (murder, fornication of a married woman and apostasy are mentioned); al-Naysaburt, Ghard'ib al-qur'dn, VIII, 56 inf; al-Suyutl, al-Durr al-manthar, III, 54-55. Al-Qurtubl, op. cit .• VIII, 133. See e.g. al-Nasa'I, Sunan, ed. Hasan Muhammad al-Mas'iidI, Cairo 1348/1930 (repr. Beirut) VI, 6;- Ahmad b. 'Air al-MarwazI, Musnad abi bakr al-siddiq, ed. Shu'ayb al-Arna'ut, Beirut 1390/1970, pp. 145-146, no. 77 (comp. another version: pp. 208-209, no. 140); al-Muttaql l-Hindi, op. cit., I, 78, no. 375 (and see ib., pp. 76-79, nos. 265-285), VI, 294-295, nos. 2256-2259; al-Qurtubi, Tafsir, VIII, 74-75; al-Bayhaql, al-Sunan al-kubrii, VIII, 19, 176-177, 196,202; Niir ai-DIn al-Haythaml, op. cit., I, 24-26; Ps. Ibn Qutayba, al-Imiima wa-l-siydsa, ed. TaM Muhammad al-Zaynt, Cairo 1387/1967, I, 22 inf. -23 (2 different versions of Abu Bakr's answer). .. .illd bi-haqqihi.: 49 the obligations and duties imposed on the person and property of the believer. The preposition "bi" (in bi-haqqiha) is explained as equal to 'an or min, "on the ground", "on the base", "on account.i'" Another explanation states that" bi-haqqihd" refers to the declaration of the oneness of God; consequently, illd bi-haqqihii has to be rendered except on the grounds of the (unfulfilled) duties incumbent on the person and on the property, according to this declaration. 56 It is noteworthy that the authenticity of the tradition in which the shahdda of the oneness of God is maintained as sufficient and which has caused some difficulties of interpretation" was not questioned by scholars, whereas the one which speaks of two shahddas and which mentions the obligations of the Muslim was subject to suspicion, its reliability being put to doubt." Al-Jahiz rightly states that both snrr and Murji'i scholars accepted the report about the conversation between Abu Bakr and the Companions in which they quoted the badfth of the Prophet with the shahdda of the oneness of God, and about Abu Bakr's decision to wage war against the tribal dissidents basing himself on the final phrase of the hadith. Only the extremist rawdfid denied this report. 59 According to a report recorded by al-Jahiz both the Ansar and the Muhajirun urged Abu Bakr to concede to the demands of the ahl al-ridda and proposed to exempt them for some time from paying the zakiit.60 The other report recorded by al-Jahiz says that it was the An~ar who tried to convince Abu Bakr to concede to the demands of the ridda people." The first report says the Abu Bakr reminded the people who came to him of the final phrase: ilIii bi-haqqihd; in the other report the people themselves quoted the utterance with the final sentence and Abu Bakr merely stated that the zakat is part of the haqq (obligation,duty) imposed on it. The tendency of recording both traditions can be seen in the comments and conclusions drawn by al-Jahiz: * ,. 11 " " 60 ,. 61 Al-Munawt, Fayd al-qadir, Cairo 1391/1972, II, 188-189, no. 1630 (ilia bi-/:Iaqqihii, ay al-dima' wa-l-amwal, ya'nf hiya ma'sumatun ilia 'an haqqin yajibujiha ka-qawadin wariddatin wa-/:Iaddin wa-tarki $alatin wa-zakatin bi-ta'wilin ba!ilin wa-haqqin ddamtyyin), Al-Munawr, op. cit., II, 189. See e.g. Ibn Hajar, Fat/:lai-barf, I, 71 sup.; al-'Aynf, 'Umdat al-qart, I, 183; Ibn Abf l;Iatim, 'llal al-/:Iadfth, Cairo 1343, II, 147 (no. 1937),152 (no. 1952); and comp. ib., II, 159 (no. 1971); al-Jarraht, Kashf al-khafa wa-muztl al-ilbds, Cairo 1351, I, 194, no. 586; a1Maqdisf, ai-Bad' wa-I-ta'rikh, V, 153; 'Abd al-Razzaq, al-Mu$annaf, VI, 66-67, nos. 10020-10022; Abii l-Mahasin Yiisuf b. Miisa l-Hanafl, al-Mu'tasar, I, 130 ult. -132. See e.g. al-'Aynf, op. cit., I, 183, 11. 6-8: ... qultu.· wa-min hadha q41a ba'4uhum;]f$i/:l/:lati /:Iadfthi bni 'umara l-madhktir! nazarun ... ; and see Ibn Rajab, Jam:', I, ~4 inf. -185 sup. AI-Ja!)i~, al-Uthmaniyya, ed. 'Abd al-Salarn Haran, Cairo 137411955, pp. 81-82. AI-Ja!)i~, op. cit., p. 81; Ibn 'Abdal-Barr,Janu' bay4nal-'i1m, al-Madfna -munawwara, n.d. (reprint), II, 85, 102; 'Abd al-Jabbar, Tathbft, pp. 227-228. AI-Ja!)i~, op. cit., p. 82. 50 Abu Bakr, who knew things which others (of the Companions) did not know, interpreted the utterance of the Prophet in the proper way and got the approval of it by all the people of the sahdba. The two reports of al-Jahiz are certainly a sufficient answer for the slanders circulated by the rawdfid. Moreover: according to a tradition it was 'Ali who encouraged Abu Bakr to take his decision concerning the ahl al-ridda, stating that if Abu Bakr gave up anything collected by the Prophet from them he would have acted contrary to the sunnar? It is obvious that this tradition serves as an argument against the rawafi4,63 emphasizing as it does the friendly relations between Abu Bakr and 'Ali, 'Ali's participation in the decisions of Abu Bakr and 'AIl's full approval of Abu Bakr's action against ahlal-ridda. Sunni scholars tried to extend the ideological basis of Abu Bakr's utterance. He had recourse, they said, not only to qiyas(analogy); he based himself also on an explicit injunction (na$$) of the Qur'an (Sura IX, 11: "Yet if they repent and perform the prayer and pay the alms, then they are your brothers in religion ...") and on inference (diMla). When Abu Bakr decided to fight the ahl al-ridda he acted in accordance with the injunction given in this verse; hence 'Umar could say: rna huwa ilia an sharaha llahu sadra abt bakrin li-l-qitiili wa-araftu annahu l-haqq." But the utterance of 'Umar and his approval of Abu Bakr's decision seems to have been criticized, probably by some Shi'i circles, and designated as taqlid. This was firmly denied by Sunni scholars." The Iink between the revealed verse: Sura IX, 11 and the decision of Abu Bakr is sharply pointed out in the Muslim tradition: this verse was one of the latest verses revealed to the Prophet before his death." A trenchant reply to the rafi¢fscholars was made by Ibn aI-'Arabi: Had Abu Bakr been compliant with the demands of refusal of zakdt, their force would have become stronger, their wicked innovations would have gained " 6J •• 6l " Al-Muhibb al- Tabari, al-Riyii¢ al-nadira fi mandqib al-tashara, ed. Muhammad Badr al-Dln al-Na'sanr al-Halabi, Cairo n.d., I, 98; cf. 'Abd al-Jabbar, op. cit.• p. 418. About their arguments see e.g. Ibn 'Arabi, op. cit., p. 995: .... wa-bi-htidhli 'tarat/at al-riifidatu 'alii l-siddiqi, /a-qlilu: 'ajila fi amrihi wa-nabadha l-siydsata ward'a •.ahrihi wa-ardqa l-dimd'a . See al-'Ayni, op. cit., VIII, 246: ... bi-l-daltl lladht aqdmahu l-siddtq nassan wa-dtlalatan wa-qiydsan ... ; cf. Ibn al-Arabr, Ahkam al-qur'dn, p. 995; and see al- Tabart, Tafsir, XIV, 153, no. 16518. Al-Bayhaqi, al-Sunan al-kubrd, VIII, 177, II. 8-12; al-Aynr, op. cit., VIII, 246: .. fa-iii yuqdlu lahu innahu qal/ada aM bakrin It-anna l-mujtahida la yajiizu lahu an yuqal/ida I-mujtahida ... wa-fihi di/lillitun 'alii anna 'umara lam yarji' i/Ii qauli abi bakrin taqltdan. See e.g. al-Tabart, Tafsir (ed. Shakir) XIV, 135, no. 16475: ... wa-tasdiqu dhiilikafi kitdbi I/lihi fi dkhiri ma anzala I/lihu; qala lldhu: fa-in tlibU... ; al-'Atii'iqi, al-Nlisikh wa-Imansiikh, ed. 'Abd al-Hadl l-Fadll, Najaf 1390/1970, pp. 52-53; cf. al-'Ayni, op. cit .. I, 178; Hibatullah b. Salamah, al-Ndsikh wa-l-manstikh, Cairo 1387/1967, p. 51. ...ilia bi-haqqihi ... 51 hold in the hearts of people and it would have been difficult to turn them to obedience; Abu Bakr decided therefore to act quickly and resolutely in order to prevent it. It is certainly better to shed blood in order to strengthen the foundations of Isiam than in order to gain the Caliphate, Ibn al-Arabl observed." A significant report corroborating this view is recorded by al-Jahiz: Abu Bakr is said to have stated that any concession granted to one of the tribes would bring about demands from other tribes, as a consequence of which the strength of Isiam would ultimately be shattered." The refusal to pay the zakat was prompted by feelings of tribal independence opposed to the control and authority of Medina. The Medinan community being the only body politic which represented the legacy of the Prophet, it was bound to serve as the target for the struggle ofthe seceding tribes. The problem was not one of theoiogical formulations seeking to establish who is a believer. We may not suppose Abu Bakr to have discussed the meaning of Qur'anic verses with triballeaders. A few years later, when knowledge of Qur'an was set up as a criterion for the division of booty, the Muslim warriors demonstrated a rather poor knowledge of the Qur'an; well-known warriors could only quote the basmala.t? The concise confession of the oneness of God: Iii ildha iIIii llahu seems to have from the very beginning served as a token of adherence to the Muslim community; the testimony of the prophethood of Muhammad was probably very shortly afterwards added to it. It is mentioned in the very early compilations of the stra and in the biographies of the Companions'? and it was supplemented by the addition of various stipulations and injunctions during the first century of Isiam. The fact that there were in circulation numerous traditions which were more detailed and more elaborate, and in which the various obligations of conversion were enumerated and that these nevertheless could not undo the short formula of the shahdda of the oneness of God, seems to be a convincing evidence that this tradition is one of the very earliest I,ladiths. The efforts of the commentators to establish the time of this utterance, its contents and circumstances indicate that it was a rather difficult task to harmonize between the tradition and later practice, .7 •s 70 ., Ibn al-'Arabi, op. cit., p. 995 . Al-Jahiz, al-Uthmdniyya, p. 83 . Abii I-Faraj al-Isfahanl, Aghtini, XIV, 39. See e.g, Ibn Sa'd, op. cit., I, 279; Muhammad Hamldullah, Majmu'at al-wathii'iq alsiydsiyya, Cairo 137611956, p. 245, no. 233; cf. ib., p. 90, no. 67; ib., p. 1~9 no. 120; Ibn Hajar, al-Isaba, VII, 211, no. 10114; Ibn al-Athlr, Usd al-ghiiba V, 225; Niir al-Din al-Haythami, Majma' al-zawd'id, 1,29, III, 64; Muhammad Harnidullah, op. cit .• p. 98,no. 77 (and cf. on Abii Shaddad: Ibn Abi Hatim, al-Jarb wa-l-ta'dil, VII, no. 1830( = IX,389); al-Sam'ant, Anstib, V, 373, no. 1616; Yaqat, al-Bulddn, s.v. al-Dama); but see the opinion of Wensinck, op. cit .• pp. 11-12. 52 and it seems to have been difficult to explain its validity for the time of the ridda. The socio-economic factors behind the ridda movement can be glimpsed between the lines of those reports which relate how certain triballeaders refused to Ievy the prescribed zakdt" while others had collected the zakdt but were requested to return it to their people after the death of the Prophet." The obligation to pay the collected zakiit-tax to the rulers said to have been imposed on the ridda-people, seems to have been questioned as late as the end of the second century ofthe hijra; certain scholars had the courage to recommend not to hand it over to the rulers (who were considered vicious and unjust and liable to squander the tax on unworthy causes) or to their officials, but to distribute it among the poor of the community." The concise shahdda« of the oneness of God and of the message of Muhammad enabled the masses of the conquered peoples to join Isiam. These shahadas could even be rendered easier and more concise for the convenience of aliens converting to IsIam.74 The vague expression iIIii bi-baqqiha" secured that the converts would faithfully carry out the prescriptions ofIsiam. 71 72 13 74 " See e.g. al-Muhibb al-Tabari, op. cit .• I, 67: ... irtaddati I-'arabu wa-qata: Iii nu'addt zakatan ... ; ib., I, 98; al-Muttaql l-Hindl, op. cit., VI, 295, 110. 22588 ... irtadda man irtadda min al-tarabi wa-qdhi: nusalli wa-ld-nuzakkt.: Ps. Waqidf, Akhbar ahli l-ridda, Ms. Bankipore XV, 108-110, no. 1042, fol. 9a: .. .fa-qala lahu rajulun min qaumihi: yii hddhd, na~nu wa-lldhi aulii bi-sadaqatina min abt bakrin, wa-qadjama'ndhd ilayka wa-dafa'niihd Ii-tamdi bihii ilii muhammadin ($)fa-rudda $adaqiitind.fa-ghadiba l-zibriqdn ... ; al-Kala'f, op. cit., p. 51-52, 161. See e.g. 'Abd al-Razzaq, op. cit., IV, 46, no. 6923: .. /an ibn tiiwus 'an abihi qdla: Iii yudfa'u ilayhim idhii lam yat,ia'uht'imawiit,ii'ahii... ; p. 48, no. 6931: 'an mak~ulin sami'tuhu yaqtilu: Iii tadfa'ht'i ilayhim, ya'nf l-umard'a ... ; no. 6932: ...kana ibnu 'abbdsin wa-bnu l-musayyibi wa-l-hasanu bnu abt l-hasani wa-ibrdhimu l-nakha'Iyyu wa-muhammadu bnu 'aliyyin wa~(Jmmiidu bnu abt sulaymdna yaquluna: Iii tu'addti l-zakdta itii man yajurujihii ... ; Ibn Abf Shayba, Musannaf, ed. 'Abd al-Khaliq al-Afghanr, Hyderabad 1387/1968, III, 156: ... qiila bnu 'umara: dfa'u zakata amwdlikum itii man walldhu fliihu amrakum, fa-man barra fa-li-nafsihi wa-man athima fa-talayha ... ib., idfti'ha ilayhim wa-in akah; bihd lu~uma l-kildb ... ; p. 158: .. /an tiiwus qlila: t,ia'hiiji l-fuqard ... Ibn 'Umar: Iii tadfa'hii ilayhim fa-innahum qad at,id'ul-$aliit ... See e.g. al-Shabrakhltf, Shar~ alii l-arba'Ina l-nawawiyya, Beirut, Dar al-fikr, n.d., p. 126: ... wa-Tam annahu Iii yushtaratu ji #Mati l-tmani al-talaffuzu bi-l-shahddatayni wa-lii l-nafyu wa-l-ithbiitu, bal yakji an yaqula: fllihu wii~idun wa-muhammadun rastilu fliihi... See e.g. al-Jassas, op. cit., III, 197 ult. -198 sup. (commenting. on wa-ati dhtI I-qurbii ~aqqahu ... ): qiila abu bakrin [i.e. al-Jassas]: al-haqqu l-madhkaru jihddhihi I-aya mujmalun muftaqarun ita l-baydni wa-huwa mithlu qaulihi ta'lilli: wa-ji amwdlthim haqqu« ... wa-qauli l-nabiyyi ($) umirtu an uqdtila ... ilia fliihufa·idhii qiiluht'i'a$amu ... ilia bi-~aqqihii fa-hiidha l-~aqqu ghayru zahiri I-ma'nii ft l-dyati, bal huwa mauqilfun 'alii l-bayani:

On 'Concessions' and Conduct. A Study in early Ḥadīth

concessions.pdf On 'Concessions' and Conduct A Study in Early Hadith Traditions about early ritual practices and customs reported on the authority of the Prophet, of his Companions isahaba) or their Successors (tabi'un) are often divergent and even contradictory. Early compilations of haditb occasionally record these traditions in separate chapters with headings which point out their differences; they also enumerate the scholars who held these divergent views. So, for example, the chapter Man kana yutimmu l-takbir is followed by the chapter Man kana la yutimmu l-takbir ; the chapter Man qala laysa 'ala man nama sajidan wa-qa'idan w u d u' is followed by Man kana y aqisl u i d h a nama ta-t-yatawaddo'. Traditions arranged under headings Man kariha ... followed by Man rakhkhasa [i ... are of a similar type. It is obvious that these diverse traditions reflect differences in the opinions of various circles of Muslim scholars and indicate that in the early period of Islam many ritual prescriptions were not yet firmly established. The rukhas or "concessions," i.e., the changes in ritual prescriptions designed to soften their harshness, were indeed an efficient tool in adapting the prescriptions to the real conditions of life and its changing circumstances. They established practices that were in keeping with the new ideas of Islam. Yet it is evident that the concession, rukhsa, had to acquire authoritative sanction and legitimacy; this could be achieved only through an utterance of the Prophet. As a matter of fact, the following haditb is attributed to the Prophet: "Truly, God desires that His concessions be carried out [just] as He desires His injunctions to be observed" tinna llaha 2 yuhibbu an tu'ta rukhasuhu kama yuhibbu an tuta 'azaimuhui: This tradition was interpreted in manifold ways. According to one interpretation it implies a whole view of life; al-Shaybani (died 189/805) states that the believer who restricts himself to the most basic means of subsistence acts according to the prescriptions, whereas pleasant life and delights are for him a concession, a rukhsa? The purchase of the arable kharaj land in Iraq by Muslims was approved by 'Umar b. 'Abd al-'Aziz on the ground of a rukhsa interpretation of a Qur'anic verse; grants of land in the Sawiid, given to Muslims, were also based on rukhsa precedents? 'Abd al-Razzaq, al=Musanna], ed. Habib al-Rabman al-A'zami (Beirut: 11: 291, no. 20569 i=Liimi' Ma'rnar b. Riishid: ... an yu'mala bi-rukhasihi); Ibn Balban, al-Ihsan [i taqrib sahihi bni Hibban, MS. Br. Mus., Add. 27519, fol. 90a; al-Suyiiti, al-Durr al-manthiir [i l-taf sir bi=l=ma'thur (Cairo: 1314), 1: 193; Abu Nu'aym, Hilyat al=awliyh' (Beirut: 1387/1967, reprint), 6: 191 inf., 276, 2: 101 info C, an tuqbala rukhasuhu); al-Miiwardi, al-Amthal wa-l-bikam, MS Leiden, Or. 655, fol. 87b c.. an yu'khadha bi-rukhasihi kama yuhibbti an yu'khadha bi=farii'i dihi), al-Mundhiri, al-Targhib wa-l-tarhib, ed. Muhammad Muhyi l-Din 'Abd al-Hamid (Cairo: 1279/1960), 2: 261, no. 1541 (and see ibid. no. 1539: ._ an tu'ta rukhasuhu kama yakrahu an tu'ta masiyatuhu ; another version: ... kama yuhibbu an tutraka masiyatuhu); al-Muniiwi, Fayd al=qadlr; sharb al- jami' al-saghir (Beirut: 139111972),2: 292, no. 1879, 293, no. 1881(; an tuqbala rukhasuhu kama yuhibbu l+abdu maghfirat rabbihi ; 2: 296, no. 1894: ... Kama yakrahu an tu'ta ma'siyatuhu); al-Daylami, Firdaws al=akhbiir, Chester Beatty 4139, fo1. 53a; aI-Khatib al-Baghdiidi, M uq.ib awham at-jam' wa-l-tafriq (Hyderbad: 1379/1960), 2: 10 c.. an tu'ta mayasiruhu kama yuhibbu an tu'ta 'azdimuhu); cf. al-Kulayni al-Kiifi, ed. Najm al-Din al-Amuli (Tehran: 1388),1: 208-209, no. 4. 2 al-Shaybiini, al-Ikiisab [i l-rizqi l-mustaiab, Talkhis Muhammad b. Sama'a, ed. Mahrnud 'Arniis (Cairo: 1357/1938), p. 81: ... fa-sara l-basilu anna l-iqtisara 'ala adna ma yakfihi 'azimatun, wa-ma zada 'ala dhaiika min at-tana''umi wa-l-nayli min al-ladhdhiui rukhsatun, wa-qala sallii llahu 'alayhi wa-sallam: inna llaha yuhibbu an yu'ta bi-rukhasihi _. 3 Abu 'Ubayd, Kitab al-amwal, ed. Muhammad l:liimid al-Fiqi (Cairo: 1353), pp. 84-85; cf. al-Bayhaqi, al-Sunan al-kubra (Hyderabad: 1356), 9: 140-1: "... bab man kariha shiraa ardi l-khara] ._" And see the traditions against buying of khara] land: Ibn Zanjawayh, al-Amwat, MS. Burdur 183, fols. 1392/1972), 3 The Prophet is said to have denied believers perrmssion to enter baths, but later granted them a rukhsa to enter them, provided they wore loincloths, ma'iuir: There were in fact two contradictory attitudes in the matter of baths: the one disapproving' and the other 29a-32a (and see e.g. ibid., fol. 3Oa, inf., ''; sami'a l=hasana yaqidu: man khalda ribqata muiihidin fa-jdaiaha [i 'unuqihi [a-qad istaqala hijraiahu wa-walla l-islama zahrahu wa-man aqarra bi-shayin min al-jizyati [a-qad aqarra bi-babin min abwabi l-kufri'). 4 al-Shawkani, Nayl ai-awrar, sharb muntaqa l-akhbar min ahadithi sayyidi i-akhyar (Cairo: 1372/1953), 1: 299; Ibn Abi Shayba, al-Musannaf, ed. 'Abd al-Khaliq Khan al-Atghani (Hyderabad: 1386/1966), 1: 109-110; 'Abd al-Razzaq, 1: 290-296, nos. 11l6-1136; l-Fakihi, Ta'rikh Makka, MS. Leiden a Or. 463, fol. 412a; al-Mundhiri, 1: 118-122,nos. 267-278; al-Sharishi, Sharb maqiimiu al-Hariri, ed. Muhammad 'Abd al-Mun'im Khafaji (Cairo: 1372/1952), 3: 74; aI-Muttaqi I-Hindi, K anz al-tummii! (Hyderabad: 138111962),9: 231-234, nos. 1978-2010;cf. al-Hakim, Marifai 'uiion ai-hadith, ed. Mu'azzam I;Iusayn (Cairo: 1937),p. 98. 5 See e.g. al-Munawi, 2: 54, no. 1311: ... uffin li-l-hammam ..." enjoins husbands " to forbid their wives to enter baths, stresses the filthiness of their water and confines the entrance of men to those wearing the ma'Iizir ; cf. al-Tayalisi, Musnad (Hyderabad: 1321), p. 212, no. 1518:'A'isha reproaches the women from Hirns for entering baths. And see Niir aI-Din al-Haythami, Majmd al-zawdid wa-manbd a/-fawa'id (Beirut: 1967, reprint), 1: 277-278 (the prohibition for women to enter baths; and see ibid., p. 114:the bath is the abode of the Devil); al-Tabari, Dhayl al-mudhayyal (Cairo: 1353/1934), 10: 246; al-Dhahabi, Mizan al-Itidal, ed. 'Ali Muhammad al-Bajawi (Cairo: 1382/1963), 3: 631, no. 7889; al-Daylami, MS. Chester Beatty 3037, fol. 90b (the prohibition to enter baths by women is preceded by a prediction of the Prophet that the Muslims will conquer the lands of the 'ajam and will find there "buildings called baths"; a concession at the end of the haditn is granted to women who are ill, or after confinement). And see al-Kattani, Juz', MS. Chester Beatty 4483, fol. 9b ("; bi'sa l-bayt al-hammam'; the Prophet permitted, however, men to enter the bath wearing the maazir, after being told of the importance of the bath for the cleanness of the body and the treatment of the sick). Cf. Ahmad b. I;Ianbal, al-Tlal wa-marifat ai-rijai, ed. Talat Kocyigit and Ismail Cerrahoglu (Ankara: 1963), I: 266, no. 1716 (the prayer in a bath is disliked), 271, no. 1745 ("ai-arq.u kulluha masjidun illa l-hammam wo-l-maqbara'), And see the story of Ibn 'Umar who was shocked when he saw the naked men in the bath (Ibn Sa'd, 4 recommending them," Accordingly scholars are divided in their opinion as to whether the water of the bath can be used for ritual washing, ghus/, or whether, on the contrary, ghusl has to be performed for cleaning oneself from the very water of the bath? The knowledge of rukhas granted by the Prophet is essential for the proper understanding of the faith and its injunctions. The misinterpretation of the verse: "Those who treasure up gold and Tabaqiu (Beirut: 1377/1957), 4: 153-154);and see the various Shi'i traditions in Yiisuf al-Bahrani's al-Haddiq ai-nadira [i ahkam al-'itra al-tahira, ed. Muhammad Taqiyy al-Ayrawani (Nadjaf: 1378),5: 528-540. 6 See al-Khatib al-Baghdadi, 2: 311, 11.4-5; Ibn al-Sunni, 'A mal ai-yawm wa-Hayla (Hyderabad: 1358),p. 85: "ni'ma l-bayt al-hammam yadkhuluhu l-rajulu l-muslim ..."; al-Daylarni, MS. Chester Beatty 3037, fol. 174b; al-Wassabl al-Habashi, al-Baraka fi [adli l-sdyi wa-l-haraka (Cairo: n.d.), p. 268; Niir al-Din al-Haythami, 1: 279 (a bath was built on the spot approved of by the Prophet). The tradition that the Prophet used to frequent the bath is vehemently refuted by al-Qastallanl, as recorded in a l-Zurqani's Shari) ai-mawiihib al-laduniy ya (Cairo: 1327), 4: 214. Al-Qastallanl, quoting the opinion of Ibn Kathir, states that there were no baths in the Arabian peninsula in the time of the Prophet. Al-Khatib al-Baghdadi, discussing the tradition of Umm al-Darda' about her entering a bath in Medina (Muq.ilJ 1: 359), states that there were no baths in Medina in the period of the Prophet; in that period baths existed only in Syria and Persia (Muq.ii) 1: 362-364). Cf. al-Suyiiti, al-Hiiwi li=l=i atiiwi, ed. Muhammad MulJyi I-Din 'Abd al-I:Iamid (Cairo: 1378/1959), 1: 526-528; Ibn 'Asakir, Ta'rikn (Tahdhib) (Damascus: 1329), 3: 380; Murtada al-Zabidi, ItlJiif al-siida al-muttaqin bi-sharh asrar iIJy1i 'ulum al-din (Cairo: 1311) (reprinted Beirut), 2: 400. On the building of baths in Basra in the early period of Islam and the profits gained from them see al-Baladhuri, Ansiib al-ashra], 1, ed. Muhammad Hamidullah (Cairo: 1959): 502; al-Tha'alibl, Thimar al-quliib, ed. Abii l-Fadl Ibrahim (Cairo: 1384/1965), p. 318,no. 476. 7 See Ibn Abi Shayba, 1: 107-108; 'Abd al-Razzaq, 1: 295-298 (see e.g. the answer of Ibn 'Abbas, "innama ja'ala llahu l-mii'a yutahhiru wa-la yutahharu.' ibid., no. 1142; and see the answer of al-Sha'bi when asked, on leaving the bath, whether one is obliged to perforn the ghusl (to clean oneself) from the water of the bath: "So why did I enter the bath?", ibid., no. 1146); and see the outspoken answer of Ibn 'Abbas when he entered a bath in the state of ihriim: "Mii ya'ba'u lliihu bi-awsakhinii shay'an.' al-Bayhaqi, al-Sunan al-kubra, 5: 63 info 5 silver, and do not expend them in the way of God -- give them good tidings of a painful chastisement ..." (Qur'an 9:34) by Abu Dharr is explained by the fact that Abu Dharr met the Prophet and heard from him some injunctions of a severe character (yasma'u min rasidi llahi [s] l-amra fihi l-shiddatur; he then left for the desert. The Prophet, in the meantime, alleviated the injunction (yurakhkhisu [ihi) and people adopted the concession. But Abu Dharr, unaware of this, came back and adhered to the first (scil, severe) injunction," In later periods of Islam the practice of rukhas was presented as the attitude of the first generations of Islam. The righteous predecessors (ai-saiat), argues Abu Talib al-Makki, were in the habit of alleviating (yurakhkhisitna) the rules of ritual impurity, but were strict in the matter of earning one's li ving by proper means alone as well as in the moral aspects of behavior like slander, futile talk, excessive indulgence in rhetoric etc., whereas contemporary scholars, Abu Talib continues, are heedless in problems of moral behavior, but are rigid tshaddadii) with regard to ritual impurity," Sufyan al-Thawri speaks about rukhsa in the following terms: "Knowledge in our opinion is merely [the knowledge of] a rukhsa [reported on the authority] of a reliable scholar; the rigid, rigoristic practice can be observed by everyone?" The pious 'Ata' al-Sulaymi asked for the traditions of rukhas ; they might relieve his grief, he said." The rukhas-traditions were of great importance for the strengthening of belief in God's mercy for the believers thusnu l-zanni bi-llah).12 Sulayman b. Tarkhan asked his son to tell him rukhas-traditions in order to come to the Presence of God (literally: to meet God) with hope for God's mercy," 8 al-Suyiiti, al-Durr al-manihiir, 3: 243. 9 Abii Tiilib al-Makki, QUt al-quliib (Cairo: 1351/1932),2: 46. 10 Ibn 'Abd aI-Barr, Jami' b ayii» ai-t ilm wa-f adlihi (a l+Mad ina al-munawwara: n.d., reprint), 2: 36: innama l-'ilmu 'indana l-rukhsatu min thiqatin ; [a-amma l-tashdidu [a-yuhsinuhu kullu ahadin. 11 Abii Nu'aym, 6: 217. 12 See Ibn Abi l-Dunya, Majmu'at al-rasiiil (Cairo: 1354/1935), pp. 39-72: kitabu husni l-zanni bi-llah. 13 Ibid., p. 45, no. 29; Abii Nu'ayrn, 3: 31. 6 In a wider sense rukhas represent in the opinion of Muslim scholars the characteristic way of Islam as opposed to Judaism and Christianity. The phrase "... and he will relieve them of their burden and the fetters that they used to wear" (Qur'an 7:157) is interpreted as referring to the Prophet, who removed the burden of excessively harsh practices of worship'? and of ritual purity," The rigid and excessive practices of worship refer to Jews and Christians alike. The Prophet forbade his believers to follow the harsh and strict way of people who brought upon themselves destruction. The remnants of these people can be found in the cells of monks and in monasteries; this, of course, refers to Christians." These very comments are coupled with the haditb about the rukhas mentioned earlier: inna llaha yuhibbu ... It is thus not surprising to find this rukhas tradition together with an additional phrase: ... ia-qbalic rukhasa llahi wa-Ia takiinic ka-bani israila hina shaddadii 'ala anfusihim ta-shaddada llahu 'alayhiml' The ruk hs a tradition is indeed recorded in chapters condemning hardship in the exertion of worship and ritual practices," stressing the benevolence of God for His creatures even if they commit grave sins, reproving cruelty even towards a cat," 14 ... al-t athqitu lladhi kana [i dinihim ... al-tashdl du fi l-'ibadati ... al-shadii'idu llati kiinat 'alayhim ... tashdidun shuddida 'ala l-qawmi, [a-iao Muhammadun (s) bi-l-taiawuzi 'anhum. 15 al-Suyiiti, al-Durr al-manthlir, 3: 135; al-Tabari, Taf sir, ed. Mahmiid and Ahmad Shakir (Cairo: 1958), 13: 167-168; al-Qurtubi, Tat sir. (Cairo: 1387/1967), 7: 300; Hashim b. Sulayman al-Bahrani al-Tawbali al-Katakani, al-Burhan [i tafsiri l-qur'an (Qumm: 1393),2: 40, no. 3. 16 al-Suyiitl, al-Durr ol-manthia, 1: 193. 17 al-'Amili, al-Kashkid, ed. Tahir Ahmad al-Zawi (Cairo: 1380/1960), 1: 221. 18 See Ibn Balban, fol. 90a-b, the headings: ... dhikru t-ikhbari 'amma yustahabbu li=lrmari min qubidi ma rukhkhisa lahu bi-tarki l-tahammuli 'ala l-naf si ma la tuiiqu min aHa'ati _ ; ai-ikhbaru bi-anna 'ala l-mar'i qubida rukhsati llahi lahu fi ta'atihi diina l-tahammuli 'ala l-najsi ma yashuqqu 'alayha hamluhu ... ; ... mii yustahabbu li-l-mar'i l-tarafiuqu bi-l-taiui wa-al-amru bi-l-qaSdi fi Ha'ati diina an yuhmala 'ala l-naisi ma la tutiqu. 19 See 'Abd al-Razzaq, 11, no. 20549. The authenticity of the story of the woman who was put in Hell because she caused the death of a cat, was 7 and recommending leniency, moderation and mildness towards the believers. Rukh sa is rukhsatu llah; God's concession for His community; it imposes on the believers kindness and moderation towards each other. Rukhsa is in this context associated with riiq, yusr, samaha and qasd?" In a different context a concession, rukhsa, is meant to ease the burden of the decreed prescription (al-hukm) for an excusable reason ilir'udhrin hasala); the acceptance of rukhsa is almost obligatory in such a case (yakiidu yulhaqu bi-l-wujub); the believer must act according to the rukh sa, subduing his pride and haughtiness." Breaking the fast of sawm al-dahr is such a rukhsa ; continuing the fast is stubborness." Commenting on the haditb "The best of my people are those who act according to the rukhas,' al-Munawi stresses that the rukhas apply to specific times only; otherwise one should follow the incumbent prescription." The haditb "He who does not accept the concession of God will bear a sin as heavy as the mountains of 'Arafat" 24 was quoted in connection with a concession according to which it is recommended 20 21 22 23 14 questioned by 'A'lsha, She asserted that the woman was an unbeliever, a kalira. The believer is more respected by God iakramu 'inda [[jihi) than that He would chastise him because of a cat, she argued. She rebuked Abii Hurayra, the transmitter of the hadlth, and bade him to transmit the tradition more accurately. See al-Zarkashi, al+l jaba li-Iriidi rna st adrakat-hu 'A'ishatu 'ala I-sahaba (Cairo: n.d.), p. 61; Niir al-Din al-Haythami, 1: 116; and see Ibn 'Abd al-Hakam, Futuh misr, ed. C. Torrey (Leiden; 1920), p. 292; Hanniid b. al-Sariyy, Kitab al-suhd, MS. Princeton, Garret 1419,fo!. lOla, inf. -lOlb. See 'Abd al-Razziiq, 11: 282-288, nos. 20546; 20559 (Bab al-rukhas wa-l-shadiiid) and 11:290-292, nos. 20566-20574 (Bab al-rukhas [i l-'amal wa-l-qasd). al-Muniiwi, 2: 296-297; and see ibid., pp. 292-293 (see the commentary: the 'azima, injunction, order, has an equal standing with the rukhsa. According to the circumstances the ordained wu4u' is as obligatory as the rukhsa 0 f tayammum). And see ibid., p. 293: the concessions have to be carried out according to the circumstances for which they were given. Abii Tiilib al-Makki, 1: 11l. al-Muniiwi, 2: 51, no. 1300;al-Daylami, MS. Chester Beatty 4139, fo!. 94b. Ibn 'Abd al-Hakam, p. 292; al-Muniiwi, 6: 225, no. 9031; al-Daylami, MS. 8 to break the fast when on a journey. The core of the discussion was whether the breaking of the fast during a journey is obligatory or merely permitted. Some scholars considered it as a rukhsai? The phrase in Qur'an 2:187 "... and seek what God had prescribed for you" (fa-i-i.zna bashiriihunna wa-btaghii ma kataba llahu lakum) indicates, according to one interpretation, God's concession concerning the nights of Ramadan." The phrase in Qur'an 2:158 .,. io-ta junaha 'alayhi an yattawwaja bihima ... ("... it is no fault in him to circumambulate them ..."), referring to the circumambulation of al-Safa and Marwa, gave rise to the discussion whether it indicated an order or a concession." The bewailing of the dead by hired women, the niyaha, is forbidden; but the Prophet granted the afflicted relatives the rukhsa to mourn the dead and to weep over a dead person's grave," Chester Beatty 3037, fol. 158b. 25 al-Suyiiti, al-Durr al-manthiir, 1: 193; Ibn 'Abd al-Hakam, p. 265; Ahmad b. Hanbal, Musnad, ed. Shakir (Cairo: l368/1949), 8: 238, no. 5392; al-Dhahabi, 2: 483; Ibn Kathir, Taf sir (Beirut: l385/1966), 1: 382; cf. al-Tabari, Tafsir 3: 461-469 (see p. 460: al-iftaru [i l-maradi 'azmatun min alliihi wajibatun wa-laysa bi-tarkhis ; and see p. 464: al-iitaru fi l-saf ari rukhsatun min allahi tdala dhikruhu, rakhkhasaha li=ibadihi wa-l-fardu l-sawmu ...); Ibn Balban, fol. 9Ob, sup; al-Sha'rani, Lawaqin al-anwar (Cairo: 138111961), p. p 716-717; al-Mundhiri, 2: 258-262; Ibn Qutayba, Ta'wil mukht ali] al-badith (Cairo: 1326), pp. 307-308; al-Zurqani, Sharb al-muwatta (Cairo: 1381/1961), 2: 415-420. 26 al-Tabari, Tafsir, 3: 500 ult., 508; Ibn Kathir, Tafsir, 1: 390, line 5 from bottom; al-Suyiitl, al-Durr al-manthiir, 1: 199, line l. 27 See al-Tabarl, Tafsir, 3: 230-246; al-Qurtubi, 2: 182 (and see ibid., about the reading: fa-lii junaha 'alayhi an la yattawwaf ar; al-Majlisi, Bihar al-anwar (Tehran: 1388),99: 235, 237-8, 239 line 2; al-Zarkashi, al-/ jaba, pp. 78-9; al-Fakihi, fols. 374b-380a; al-Bayhaqi, al-Sunan al-kubrii, 5: 96-8; Amin Mahmiid Khattjib, Fatb al-malik at-mabiid, takmilat al-manhal al-'adhb al-mawriid, sharh. sunan abi dawitd (Cairo: 1394/1974), 1: 243-50, 2: 15-16. 28 al-l;Iakim, al=Mustadrak (Hyderabad: 1342), 1: 203; aI-Khatib al-Baghdadi, Mit(j.ih, 2: 12 sup.; al-Zajjjiji, Amali, ed. 'Abd aI-Salam Hariin (Cairo: 1382), p. 181 L wa-kadhalika al-naqu: raf'u l-sawti bi-l-bukiii ; wa-hadha kana manhiyyan 'anhu [i awwali l-islami+ani l-bukita 'ala l-mayyit, thumma rukhkhisa [ihi ... ; al-Raghib al-Isfahanl, MuhMarat al-udabd (Beirut: 1961), 9 In some cases the choice between the prescription and the rukhsa has been left to the believer: such is the case of the ablution of the junub. Three traditions about how the Prophet practised wudu' ablution, when in the state of janaba contain contradictory details: two of them state that he, being a junub, performed the wudu' before he went to sleep, while the third one says that he went to sleep without performing wudu'. Ibn Qutayba, trying to bridge between the contradictory traditions, states that in a state of janaba washing before one goes to sleep is the preferred practice (afejal); by not washing the Prophet pointed to the rukhsa?" The believer may choose one of the two practices. In some cases the rukhsa completely reverses a former prohibition. The Prophet forbade the visiting of graves, but later changed his decision and granted a rukhsa to visit them: naha rasidu llahi [S] 'an ziyaraii l-qubkri thumma rakhkhasa fihlz bddu/" Cupping during a fast was forbidden by the Prophet; both the cupper and the person whose blood was drawn were considered to have broken their fast. The Prophet, however, changed his decision and granted a rukhsa ; cupping did not stop the fast," Lengthy chapters contain discussions of the problem as to whether kissing one's wife while fasting is permitted. Some scholars considered kissing or touching the body of the wife as breaking the fast, others considered it permissible. Both parties quote traditions in support of their arguments. The wives of the Prophet, who 4: 506; Ibn Abi Shayba, 3: 389-395; al-Tabarani, al-Mujam al-saghir, ed. 'Abd al-Rahrnan Muhammad 'Uthman (al-Madina al-munawwara: 1388/1968), 2: 82 (noteworthy is the report of Ibn Abi Shayba 3: 391 about the faqih Abu I-Bakhtari: ... kana rajulan [aqihan wa-kana yasmau l-nawh); Mahrniid Muhammad Khattab al-Subki, al-Manhal alradhb al-mawriid, 8: 281-4; al-Zarkashi, al-/ jaba, pp. 34, 50-1. 29 Ibn Qutayba, pp. 305-6. 30 a l+Hji z i m I, at-F't ibiir f i b a yiini l=niisikh' wa-l=mansickk min al-akhbar (Hyderabad: 1359),pp. 130-1, 228; al-Fakihi, fol. 478b, 479 penult. 31 Ibn Daqiq al-'Id, al-Ilmam bi-ahadithi l-ahkam, ed. Muhammad Sa'Id al-Mawlawi (Damascus: 1383/1963), p. 244, no. 592; al-Zurqani, Shorb al-muwatta, 2: 428-30; al-Hazimi, pp. 137-42. 10 testified as to their experience, were not unanimous about the problem. 'A'isha's evidence was in favor of kissing. The statement that old and weak people may kiss their wives, while men may not, is an obvious attempt at harmonization." A similar problem was whether kissing one's wife imposes wudu, Scholars were divided in their opinions. 'A'isha testified that the Prophet used to kiss his wives and set out to pray without performing ablution. Many scholars stated that kissing or touching one's wife does not require wudu', but others argued that it does. Some scholars found a compromise: wucj.u' is required if the kiss is accompanied by a feeling of lust," The rukhas, apparently, were exploited by scholars attached to rulers and governors. As usual precedents of wicked court-scholars in the period of banii isra'il were quoted: they frequented the courts of kings, granted them the required rukhas and, of course, got rewards for their deeds. They were happy to receive the rewards and to have the kings accept their 32 al-Tahawl, Sharb maani l-iuhar, ed. Muhammad Zuhri l-Najjir (Cairo: 2: 88-96; Ibn Abi Shayba, 3: 59-64; al-Bayhaqi, Mc'rif at al-sunan wa-l-iuhar, ed. Ahmad Saqr (Cairo: 1969), 1: 21 sup.; Ibn Qutayba, pp. 308-9; al-Dhahabi 2: 398 sup.; Abu Nu'aym, 7: 138;al-Zarkashi, al-[ jaba, p. 54; al-Zurqanl, Sharh al-muwatta, 2: 410-15; 'Abd al-Razzaq, 4: 182-94, nos. 8406-8456. See e.g. nos. 8412, 8418; kissing during the fast was considered as rukhsa ; against the rigid prohibition to look at a woman (see e.g. nos. 8452-8453) there are traditions permitting much more than kissing (see e.g. no. 8444 and the extremely permissive tradition no. 8439); and see Abu Nu'ayrn, 9: 309 (kuliu shay'in laka min ahlika haliilun [i l-siyami ilia ma bayna l-rijlayn); and see this tradition al-Daylami, MS. Chester Beatty 3037, fol. 120b, 1.1;al-Muttaqi I-Hindi, 8: 384-5, nos. 2787-2793; Ibn Daqiq aI-'id, pp. 243-4, nos. 590-1; al-Kattiini, MS. Chester Beatty 4483, fol. 3a; al-Shafi'I, al-Umm (Cairo: 1321 reprint), 2: 84 sup.; Mahmiid Muhammad al-Subki, al-Man hal al-tadhb al-mawrisd, sharb sunan abi dawud (Cairo: 1390), 10: 109-13, 115-16;Ibn Abi l:liitim, 'Ilal al-I;!adith (Cairo: 1343 reprint), 1: 47, no. 108. 33 Ibn Abi Shayba, 1: 44 (man qala: laysa fi l-qubla wu4u'), 45 (man qala: fiha l-wudli'); 'Abd al-Razziiq, 1: 132-6, nos. 496-515; al-Hakirn, al+Must adrak, 1: 135; al-Shawkani, Nayl, 1: 230-3; al-Zurqani, Sharh ai-muwauo', 1: 129-30; Ibn Abi l:liitim, 1: 48, nos. 109-110,63 no. 166. 1388/1968), 11 concessions. The verse in Qur'an 3:189 "Reckon not that those who rejoice in what they have brought, and love to be praised for what they have not done -- do not reckon them secure from chastisement ..." refers, according to one tradition, to these scholars," Orthodox, pious scholars fiercely criticized the Umayyad court-jurists and muhaddithiin= The [uqaha' seem to have been liberal in granting rukhas, as can be gauged from a remark of the pious Sulayman b. Tarkhan (who himself very much appreciated the granted rukhas, see above note 13) that anyone who would adopt every rukhsa of the [uqaha would turn out a libertine." In order to assess the actions of rulers it became quite important to find out to what extent they made use of rukhas. 'Umar is said to have asked Muhajirs and Ansaris in his council what their opinion would be if he applied rukhas in some problems. Those attending remained silent for a time and then Bishr b. Sa'id said: "We would make you straight as we make straight an arrow." 'Umar then said with approval: "You are as you are" (i,e, you are the proper menl.'? When al-Mansur bade Malik b. Anas to compile the Muwatta' he advised him to stick to the tenets agreed upon the Muslim community and to beware of the rigoristic opinions of Ibn 'Umar, the rukhas of Ibn 'Abbas and shawadhdh (readings of the Qur'an) of Ibn Mas'iid.38 34 al-Suyiiti, al-Durr ai-manthia, 2: 109 inf. 35 Ibn 'Asakir, 6: 218: ... [a-ataw l-umara'a [a-haddathiihum [a-rakhkhasii lahum, wa-atawhum [a-qabilii minhum ...; al-Qadi 'Iyiid, Tartib al-madarik, ed. Ahmad Bakir Mahmiid (Beirut: 1387/1967), 1-2, 616 (Sahniin): ... wa-baiaghani annahum yuhaddithunahum min al-rukhas ma yuhibbiina, mimma laysa 'alayhi l-'amalu ...; al-Dhahabi, 1: 14 inf.: '" ila kam tuhaddithu l-nasa bi-l-rukhasil ... and see al-Suyiiti, al-Durr ol-mamhia, 3, 139. ; 36 Abii Nu'aym, 3:32; al-Raghib al-Isfahani, 1: 133:... man akhadha bi-rukhsati kulli [aqihin kharaja minhu fasiq. And See Ahmad b. Hanbal, 'Ilal, 1: 238, no. 1499: Malik, asked about the rukhas of singing granted by some people of Medina, said: "In our place the libertines behave in this way." 37 Mus'ab b. 'Abdallah, Hadith, MS. Chester Beatty 3849/4 (majmu'a), fol. 44b, inf.-45a (the text: antum idhan antum); al-Muttaqi al-Hindi, 5: 405 inf., no. 2414 (the text: antum idhan antum idhan). 38 'Abd al-Malik b. Habib, Tarikh, MS. Bodley. Marsh. 288, p. 167: ... wa-qala 12 Many a rukhsa indeed served to regulate relations between people, establish certain privileges for the weak and disabled, to alleviate some rigorous practices and finally, in some cases, to turn Jahili practices into Muslim ones by providing them with a new theoretical basis. Al-Hakim al-Naysabiiri" says that the Prophet's command to Zayd b. Thabit to learn the writing of the Jews ikitaba; al-yahiui) in order to be able to answer their letters, serves as the only rukhsa permitting the study of the writings of the People of the Book. Weak and disabled people were given special instructions on how more easily to perform certain practices during the pilgrimage.'? The Prophet enjoined that the ritual ablution (wutju') should start with the right hand; but a rukhsa was granted to start from the left." The cutting of trees and plants was forbidden in the haram of Mecca, but the Prophet allowed as a rukhsa the idhkhir rush ischoenanium) to be cut since it was used in graves and for purification." A special rukhsa was given by the Prophet to take freely the meat of animals sacrificed by him; the nuhba (plunder) of sugar and nuts at weddings was also permitted by the Prophet," A rukhsa was issued by the Prophet allowing use of gold and silver for the embellishment of swords, for the repair and fastening of damaged cups and vessels, for a treatment in 39 40 41 42 43 abi: ja'farin al-mansiiru li-maliki bni anasin hina amarahu bi-wad'i muwauaihi: ya abii 'abdi lliihi ttaqi shaddida bni 'umara wa-rukhasa bni 'abbasin wa-shawadhdha bni mas'iidin wa+alayka bi-l-amri l-mujtamdi 'alayhi. al-Hakim, al-Mustadrak, 1: 75. al-Tahawi, Sharb mdani, 2: 215-218. al-Bayhaqi, ai-Sunan al-kubra, 1: 86-87. al-Baliidhuri, Futul; al-buldiin, ed. 'Abdallah and 'Umar al-Tabba' (Beirut: 1377/1958), p. 58, 1.3. Abu 'Ubayd, Gharibu l-hadltl: (Hyderabad: 1384/1965), 2: 54; al-Tai)iiwi, Sharb mdani, 3: 49-50; al-Zurqani, Sharb al-mawahib ; 4: 325 inf. -326; al-Fasawi, al-Mdrifa wa-l-tarikh; MS. Esad Ef. 2391, fol. 32a, sup. ('an ibni mas'iidin annahu kariha nihaba l-sukkar). 13 dentistry and for the restitution of a cut nose." The Prophet uttered a r uk h s a about the nabi dh of jars;45 the use of jars for nabidh (steeping of dates) was forbidden before that. The muttering of healing incantations, the ruqya, a current practice in the Jahiliyya period, was forbidden by the Prophet. Later he fixed the formulae of these healing incantations for various kinds of illnesses, bites from snakes and scorpions, and the evil eye, giving them an Islamic character." This was, of course, a rukhsa of the Prophet. It is also a rukhsa to denounce Islam in case of danger to one's life. Two Muslims were captured by a troop of Musaylima and were ordered to attest the prophethood of Musaylima. One of them refused and was killed; the other complied and saved his life. When he came to the Prophet, the Prophet said that he had chosen the way of the rukhsa:" The discussion of a rukhsa could, in certain circumstances, turn into a bitter dispute. 'Uthman disapproved of the tamattu' pilgrimage." 'Ali, who was at the council of 'Uthman, opposed this opinion fiercely, arguing that tamattu' was a sunna of the Prophet and a rukhsa granted by God to his servants. 'uthmdn 44 al-Tahawl, Mushkil al-iuhiir (Hyderabad: 1333), 2: 166-179; Niir al-Din al-Haythami, 5: 147-151;al-Bayhaqi, al-Sunan al-kubra, 1: 28-30. 45 al-Hakim, Ma'rifat 'uliim, p. 196 sup.; al-Hazimi, pp. 228-230. 46 Ibn Wahb, Jami, ed. 1. David-Weill (Cairo: 1939), pp. 103-106; al-Tahawl, Sharb mdiini, 4: 326-329; Niir aI-Din al-Haythami, 5: 109-114;al-Zurqani, Shorb ai-muwatta', 6: 348-350; idem, Sharb al-mawahib, 7: 68-82; al-Wa$$iibi, al-Baraka; pp. 268-270; Ibn Qayyim al-Jawziyya, al-Tibb al-nabawi, ed. 'Abd aI-Ghani 'Abd al-Khaliq, 'Adil al-Azharl, Mahrniid Faraj al-'Uqda (Cairo: 1377/1957), pp. 127, 131 inf.-147; idem, Zad al-ma'Iid (Beirut: n.d.), 3: 116-125; al-Damiri, Hayiu. al-I;ayawan (Cairo: 1383/1963), 2: 139-140;al-Tha'alibi, Thimar oi-quliib, pp. 126, no. 672, 431, no. 690. 47 al-Suyiiti, al-Durr al-manihiir, 4: 133. 48 On the tamauu pilgrimage see e.g. Ibn Hazm, Haj]at al-wada', ed. Mamdiib Baqqi (Beirut: 1966), pp. 49, 89, 90, 102; Niir aI-Din al-Haythami, 3: 236; al-Bayhaqi, al-Sunan al-kubra, 5: 15-26. . 14 excused himself saying that he had merely expressed his personal opinion which anybody could accept or reject. A man from Syria who attended the council and disliked 'Ali's argument said that he would be ready to kill 'Ali, if ordered to do so by the Caliph, 'Uthman, He was silenced by Habib b. Maslama'" who explained to him that the Companions of the Prophet knew better the matter in which they differed." This remark of Habib b. Maslama is a projection of later discussions and represents the attitude of orthodox circles which recommend refraining from passing judgement on the contradictory arguments of the sahaba. However the passage also reflects the contrasting ways in which the pilgrimage was performed. It is noteworthy that Ibn Qayyim al-Jawziyya wrote lengthy passages in which he examined in a thorough manner the contradictory opinions of the scholars about the tamattu' pilgrimage," Close to the concept of rukhsa was the idea of naskh. abrogation, total change, referring to hadith. Such a case of naskh is the practice of wudii' after the consumption of food prepared on fire. The Prophet is said to have uttered a hadith: tawadda'ii mimma massat al=nar. A great number of traditions assert that the Prophet later used to eat cooked food and immediately afterwards prayed without performing the wudii, The traditions concerning this subject are found in some of the compendia arranged in two separate chapters, recording the opinions and deeds of the righteous predecessors who respectively practised wudu' or objected to it.52 49 See on him al-Fasi, al-T qd al-thamin [i tarikhi l-baladi l-am in, ed. Fu'ad Sayyid (Cairo: 1384/1965), 4: 49-52; Nasr b. Muzahim, Waq'at Siffin, ed. 'Abd al-Salam Harlin (Cairo: 1382), index; Ibn Hajar, al-Lsiiba, ed. 'Ali Muhammad al-Bajiwi (Cairo: 1392/1972), 2: 24-26, no. 1602. 50 Ibn 'Abd aI-Barr, Jiimi' bayan, 2: 30; cf. al-Zurqani, Sharb al-muwaua; 3: 52 (and see pp. 48-51); ai-Muttaqi l-Hindi, 5: 83, no. 678, 88, no. 704. 51 Zad ol-maad. 1: 188-191,203-18. 52 'Abd al-Razzaq 1: 163-171(man qala ia yutawaddau mimma massat al-nar), pp. 172-174 (ma ja'a fimi: massat al-nar min al-shidda); Ibn Abi Shayba, 1: 46-52 (man kana ia yatawadddu mimma massat ai-nar ; man kana yara lrwudiia mimma ghayyarat al-nar); al-Bayhaqi, al-Sunan al-kubra, 1: 153-158; al-Hazimi, pp. 46-52; Nlir ai-Din al-Haythami, 1: 248-249 (ai-wu4u' 15 The arguments brought forth by the partisans of both groups and toe traditions reported by them may elucidate some aspects of the problem under discussion. According to a tradition, reported by al-Hasan b. 'Ali, the Prophet was invited by Fatima and was served the shoulder of a ewe. He ate and immediately afterwards started to pray. Fatima asked him why he had not performed the wudii' and the Prophet answered, obviously surprised, "[To wash] after what, 0 my daughter?" She said, "[To wash] after a meal touched by fire." Then he said, "The purest food is that touched by fire."53 A similar tradition is recorded on the authority of 'A'isha, When she asked the Prophet why he did not perform the wudu' after eating meat and bread he answered, "Shall I perform the wudis' after the two best things: bread and meat?"54 There is a tradition on the authority of Umm Habiba, the wife of the Prophet, who had ordered the performance of wudii' after having eaten gruel of parched barley tsawiq) on the grounds of the hadith: Tawaddaii mimma massat al-nari? but traditions recorded on the authority of Safiyya, Umm Salama and the Companions of the Prophet affirm that the Prophet prayed after eating cooked food without performing the wu4it'.56 The scholars who deny the obligation of wudis' after the consumption of meals state that the principle established by the Prophet was that wudii' is obligatory 53 54 55 56 mimma massat al-nar), pp. 251-254 (tarku I-wut/u' mimma massat al-nar); al-Tahawi, Sharb maani, 1: 62-70; Ahmad b. Hanbal, al+Llal, 1: 305, nos. 1984-1985, 317, no. 2062, 366, no. 2424; al-Shawkani, N ayl, 1: 245-247, al-Fasawi, fo1. 229a; Abu Yiisuf, Kiiab al-iuhar, ed. Abu I-Wafii (Cairo: 1355), pp. 9-11, nos. 41-50; al-Hakim, Ma'rifat 'uliim, pp. 30, 217; al-Bayhaqi, Mo'rif at al=sunan, 1: 401; Ibn Sa'd, 7: 158; al-Bukhiiri, at-Ta'ri kb al-kabir (reprint), I, 2 no. 1543, III, 2 nos. 2361, 2805; Abu Nu'ayrn, 5: 363; Ibn 'Asakir, 6: 125, 174, 321;al-Khatib al-Baghdadi, Tarikh Baghdad (Cairo: 135111931), 3: 100; Ibn l;Iajar, al-Isaba, 3: 263, no. 3701, 8: 248, no. 12125;Ibn 1 l;Iibbiin, Kitab al-majriihin; ed. 'Aziz aI-Qiidiri (Hyderabad: 1390/1970), 2: 173. Nur aI-Din al-Haythami, 1: 252 inf.-253. al-Dhahabi, 3: 243, no. 6270. Ibn Abi l-Jawsa', Hadith; al-Zahiriyya, Majmii'a 60, fo1. 64b. al-Tabiiwi, Shark mdiini, 1: 65. 16 after what comes out (of the body) not after food taken in.57 Ibn 'Abbas, who authoritatively stated that there is no injunction of wuqil after food prepared on fire, argued that fire is a blessing; fire does not make anything either forbidden or permitted." On the authority of Mu'adh b. Jabal, a Companion of the Prophet and a very indulgent person in matters of ablutions, who stated that no ablution is needed in case of vomiting, bleeding of the nose or when touching the genitalia, the following philological explanation is given: people had indeed heard from the Prophet the utterance: tawaddaii mimma massat ai-niir, but they did not understand the Prophet's meaning. In the time of the Prophet people called the washing of hands and mouth wudk' ; the Prophet's words simply imply the washing of hands and mouth for cleanliness (ii-i-tan?if); this washing is by no means obligatory (wiijib) in the sense of ritual ablution." There are in fact traditions stating that the Prophet ate meat, then rinsed his mouth, washed his hands and started to pray." Another tradition links the abolition of the Prophet's injunction of this wudu' with the person of Anas b. Malik, the servant of the Prophet, and puts the blame for the persistence of wudii' after the consumption of cooked food on authorities outside Medina. Anas b. Malik returned from al-Iraq and sat down to have his meal with two men of Medina. After the meal he came forth to perform the wudii'. His companions blamed him, asking: "Are you 57 Niir al-Din al-Haythami, 1: 252; al-Bayhaqi, al-Sunan ai-kubra, 1: 157 inf.; 'Abd al-Razzaq, 1: 170-171,nos. 658, 663; al-Tabawi, Sharb maiini, 1: 69. S8 'Abd al-Razzjiq, 1: 168-169, nos. 653, 655-656; al-Bayhaqi, al-Sunan al-kubrii, 1: 158, lines 4-5; al-Tahawi, Sharb mdimi, 1: 70 sup. 59 al-Bayhaqi, al-Sunan al-kubra; 1: 141; Niir ai-Din al-Haytharni, 1: 252 ult.-253, line 1; al-Sharif al-Murtada, Amali, ed. Muhammad Abii l-Fadl Ibrahim (Cairo: 1373/1954), 1: 395-3%. 60 al-Tahawi, Sharb maiini, 1: 66, 68; al-Bayhaqi, al-Sunan al-kubra, 1: 157; Niir al-Din al-Haythami, 1: 252, lines 12-15, 254, line 8 and line 18; Muhammad b. Sinan al-Qazzaz, Hadith, al-Zahiriyya, Majmii'a 18, fol. 2a; Muhammad b. Ahmad al-Qattan, al-Fawdid, al-Zahiriyya, Majrnii'a 18, fol. 24a info 17 following the Iraqi way?,,61This story implies that in the practice of Medina no wudii' was observed after eating cooked meals. The emphasis that Anas's practice was Iraqi is noteworthy. It can hardly be conceived that the Iraqis stuck to the earlier practice of the Prophet which was later abrogated by him. It is more plausible to assume that Anas adopted an Iraqi usage observed there since the Sasanian period. The severe reproach which Anas faced seems to indicate that it was a foreign custom, considered as a reprehensible innovation by the Muslim communityf? The lenient character of the abrogation of wu(jil after eating food prepared on fire is exposed in a tradition reporting that the Prophet ate roast meat, performed the wu(ju' and prayed; later he turned to eat the meat that was left over, consumed it and set to pray the afternoon prayer without performing wu(ju' at all.63 It is evident that his later action (akhiru amrayhi) is the one to be adopted by the community, as it constitutes an abrogation, naskh, of the former tradition, although some scholars consider it as rukhsa. The problem of wudii' mimma massat al-nar was left in fact to the inventiveness of the [uqaha' of later centuries; it becomes still more complicated by an additional hadith according to which the Prophet enjoined wu(ju' after the consumption of the meat of camels, but did not regard wudii as necessary after eating the meat of small cattle (ghanam).64 The two chapters in the Musannai of Ibn Abi Shayba about wuQ.u' after consuming meat of 61 al-Tahawi, Sharf) maani, 1: 69; al-Bayhaqi, al-Sunan al-kubrii, 1: 158 (Anas regrets his mistake and wishes he had not done it: laytani lam af'al); 'Abd al-Razzaq, 1: 170, no. 659; al-Zurqiini, Sharf) al-muwaud, 1: 88 inf.-89. 62 See 'Abd al-Razzaq, 1: 170, no. 659: ... ma hiidhihi l-'iraqiyyatu llatl ahdathtaha ._? 63 al-Shawkiini, Nayl, 1: 247; al-Hakim, Marif at 'uliim, p. 85; al-Bayhaqi, al-Sunan al-kubrii, 1: 156; al-Tahawi, Sharf) mo'ani, 1: 67; al-Bayhaqi, Marifai al-sunan, 1: 395, 401, lines 1-2; Ibn 'Asakir, 6: 321. 64 Ibn Abi Shayba, 1: 46-7; al-Tahawi, Sharf) maani, 1: 70-1; al-Shawkiini, Nayl, 1: 237-9; al-Bayhaqi, al-Sunan al-kubra, 1: 158-9; idem, Ma'rifat al-sunan, 1: 402-6; Ibn Qayyim al-Jawziyya, I'lam al-muwaqqiin 'an rabbi l-'alamin, ed. Tiihii 'Abd al-Ra'iif Sa'd (Cairo: 1973), 2: 15-16, 106; Niir aI-Din al-Haythami, 1: 250. 18 camels, contradictory as they are, bear additional evidence to the diversity of practice and usage, and to the divergencies in opinions held by the scholars of hadith. 'No less divergent are the views of the scholars about the wuq.u: before the consumption of food, 65 the confinement of wudii', as an obligatory act, before prayer only, the question whether ablution before every prayer was obligatory for the Prophet only,66 and whether the wuq.u' may be replaced as a concession by cleaning the mouth with a toothpicks? The great number of diverse traditions, merely hinted at above, clearly indicate that the formation of a normative code of ritual and usage began relatively late. A survey of some traditions about the t aw at, the circumambulation of the Ka'ba, and certain practices of the haji may shed some light on the peculiar observances and customs followed in the early period and may explain how they were later regulated, transformed or established. The tawaf was equated by the Prophet with prayer isaliu). In an utterance attributed to him the Prophet said, ''The tawai is indeed like a prayer; when you circumambulate diminish your talk."" In another version of this haditb the Prophet, making 65 See al-Zurqani, Shorb al-mawahib, 4: 352 barakat al-tdiim al-wuq,u' qablahu ; and see the interpretation). 66 See al-Zurqani, Sharb al-mawahib, 7: 247, lines 24-30 [aaltuhu ya 'umaru-rydni li-bayani I-jawazi Ii-I-nasi wa-khawfa an yu'taqada wujiibu mii kana yaf'alu min al-wudiii li-kulli saiiuin ; wa=qila innaha nasikhun li-wujiibi dhiilika, wa-taaqqaba bi-qawli anasin: kana khassan bihi diina ummatihi wa-annahu kana ya(aluhu li-I-faq,ila _). 67 Ibid., 7: 248, line 1 seq. Concerning the concept of Sufi rukhas cf. M. Milson, A Sufi Rule for Novices, Kitab adab al-muridin (Harvard: 1975), pp. 72-82; and see his discussion on the subject in the Introduction, pp. 19-20. 68 'Abd al-Razzaq, 5: 496; al-Qastallani, [rshad al-sari, (Cairo: 1323),3: 173-4; al-Nasa'I, Sunan, ed. Hasan al-Mas'iidi (Beirut: n.d.), 5: 222; al-Bayhaqi, al-Sunan al-kubra; 5: 85; Yiisuf b. Miisii al-Hanafi, al-Mu'tasar min al-mukhtasar (Hyderabad: 1362), 1: 174; al-Muniiwi, 4: 292-3, nos. 5345-5347; al-Muttaqi l-Hindi, 5: 24, nos. 220-222; cf. al-Azraqi, Akhbar Makka, ed. F. Wiistenfeld, p. 258; Muhibb al-Dln al-Tabari, al-Qira li-qasidi ummi l-qura, ed. Mustafa I-Saqii (Cairo: 1390/1970), pp. 306, 331;al-Tabiiwi, SharI) c.. c.. 19 tawat equal to prayer, bade the faithful confine their conversation to good talk. During the tawai the Prophet invoked God saying, "Our Lord, give to us in this world and in the world to come and guard us against the chastisement of Fire" (Qur'an 2:201).This verse was recited as an invocation by some of the Companions," Some of the invocations were extended and included praises of God, assertion of His oneness and omnipotence as they were uttered by the angels, by Adam, Abraham and the Prophet while they went past various parts of the Ka'ba during the tawai?" The pious Ibn 'Umar and Ibn 'Abbas are said to have performed the tawat refraining from talk altogether." Tawfis and Mujahid circumambulated in solemnity and awe "as if there were birds on their heads."> This was, of course, in the spirit of the imitatio prophetarum; Wahb b. Munabbih reported on the authority of Ka'b that three hundred Messengers (the last among whom was Muhammad) and twelve thousand chosen people tmustaian) prayed in the hi jr facing the maqam, none of them speaking during the tawa], except to mention the name of God.73 When 'Urwa b. al-Zubayr approached Ibn 'Umar during the tawat, asking him to give him his daughter in marriage, Ibn 'Umar did not reply. After some time 'Urwa came to Medina and met 'Abdallah b. 'Umar. The latter explained that he had not been able to answer him because mdiini , 2: 178 info 69 al-Azraqi, p. 258; al-Fiikihi, fols. 292a, 296a; 'Abd al-Razzaq, 5: 50, 52; al-Muttaqi I-Hindi, 5: 90, nos. 717-719, 722; al-Waqidi, Maghazi, ed. M. Jones (London: 1966), p. 1098; al-Bayhaqi, at-Sun an al-kubra, 5: 84; Ibn Zuhayra, al-Jiimi' al-latif (Cairo: 1357/1938), p. 124; Ibn Kathir, Tajsir, 1: 432-3. 70 See e.g. al-Fiikihi, fo. 296a, sup. (The Prophet urges the people to praise God and to extol Him during the tawiif ; and see ibid., similar reports about some Companions); al-Azraqi, pp. 259 inf.-26O; 'Abd al-Razzaq, 5: 51, nos. 8964-8965; al-Qastallani 3: 170; al-Harbl, ai-Manasik wa-amakin turuqi l-haj], ed. Hamad al-Jasir (al-Riyiid: 1389/1969), pp. 431-3; Mubibb ai-Din al-Tabari, pp. 305-6; al-Shawkiini, Nayi, 5: 53-4. 71 al-Fiikihi, fol. 292a; 'Abd al-Razzaq, 5: 50, no. 8962. 72 al-Fiikihi, fol. 292a-b; cf. Mubibb ai-Din al-Tabari, p. 271. 73 al-Fiikihi, fol. 292a, inf. 20 he "conceived that he faced God" during the tawat (wa-nahnu natakhayalu llaha 'azza wa-ialla bayna dyunina). Now he replied and gave him his daughter in marriage." Merriment and joviality were, of course, forbidden and considered as demeaning. Wahb b. al-Ward," while staying in the hiir of the mosque of Mecca, heard the Ka'ba complain to God and Jibril against people who speak frivolous words around it.76 The Prophet foretold that Abii Hurayra would remain alive until he saw heedless people playing; they would come to circumambulate the Ka'ba, their iawat would, however, not be accepted." The concession in the matter oj speech granted during the tawai was "good talk."" Pious scholars used to give guidance, exhort, edify and recount hadiths of the Prophet." Common people made supplications during the tawai, asking God to forgive them their sins and to grant them Paradise, children, and wealth. It was, however, forbidden to stand up during the (awiif, and to raise one's hands while supplicating. "Jews in the synagogues practise it in this way," said 'Abdallah b. 'Amr (b. al-'As) and advised the man who did it to utter his invocation in his council, not to do it during the fawiif.80 The fact that large crowds were gathered during the t awat was, however, exploited by the political leaders. Ibn al-Zubayr stood up in front of the door of the Ka'ba and recounted before the people the evil deeds of the Umayyads, stressing 74 al-Zubayr b. Bakkar, Jamharat nasab quraysh, MS. Bodley, Marsh 384, fol. 160b; al-Fakihi, fol. 292b; Mubibb ai-Din al-Tabari, p. 270. 75 See on him Abii Nu'aym, 8: 140-61; al-Pasl, al-Tqd, 7: 417, no. 2678. 76 al-Azraqi, p. 259; Abii Nu'aym, 8: 155 (the tafakkuh is explained as talking about women and describing their bodies during the (awaf); Muhibb al-Din al-Tabari, p. 271. 77 al-Fakihi, fol. 292b. 78 See Muhibb al-Din al-Tabarl, p. 271, line 1: ... wa-anna hukmahu hukmu l-saliui, ilia fima waradat [ihi l-rukhsaiu min al-kalam. 79 See e.g. al-Fakihi, fols. 311a-312a;'Abd al-Razzaq, 3: 377, no. 6021. &0 al-Fakihi, fol. 296b; and see al-Azraqi, p. 257; Amin Mahrniid Khattab, Fat/:! al-malik al-mdbiid, 1: 200-2; Ibn Abi Shayba, 4:96; al-Bayhaqi, al-Sunan al-kubra, 5: 72-3. 21 especially the fact that they withheld their payment of fay'.8! 'Ali b. al-Husayn cursed al-Mukhtar, after his death, at the door of the Ka'ba.82 Some traditions narrate details of the behavior of certain persons in the tawat who did not conform to this requirement of awe and solemnity in the holy place. Sa'id b. Jubayr used to talk during the (awllf and even to laugh," 'Abd al-Rahman b. 'Awf was seen to perform the tawaf wearing boots and singing hida' tunes. When rebuked by 'V mar he replied that he had done the same at the time of the Prophet and so 'V mar let him gO.84 Al-Fakihi records certain frivolous conversations which took place during the tawat, which may indeed be considered coarse and were certainly out of place in the sanctuary." But groups of people engaged in idle talk during the tawat were reprimanded. 'Abd al-Karim b. Abi Mukhariq" strongly reproved such talk; al-Muttalib b. Abi Wada'a" was surprised when he came to Mecca after a period of stay in the desert and saw people talk during the tawat. "Did you turn the tawaf into a meeting place," he asked," The "arabization" of the tawat is evident from an utterance attributed to the Prophet making it unlawful to talk in Persian during circumambulation. 'Vmar gently requested two men who held a conversation in Persian during the tawat to turn to Arabic," Reciting verses of the 81 82 83 84 85 86 87 88 89 al-Fiikihi, fol. 296b. al-Fakihi, fol. 296b. al-Azraqi, p. 259; Mubibb aI-Din al-Tabari p. 273; al-Fakihi, fol. 293b, sup. Niir al-Din al-Haythami, 3: 244. See al-Fakihi, fol. 293a (the remark of Husayn b. 'Ali about the buttocks of Mu'awiya during the (awaf ; and see fol. 294a: al-Sa'ib b. Sayfi and his talk with Mu'awiya about Hind). See on him Ibn I:Iajar, Tahdhlb, 6: 376-378, no. 716; aI-Fast, al-Tqd, 5: 480, no. 1856. See on him al-Fasi, al-'/qd, 7: 218, no. 2469. al-Azraqi, p. 260; Mubibb al-Din al-Tabari, p. 278. al-Fakihi fol. 291b (dhikru karahiyati l-kaliimi bi-l-farisiyyati [i l-(awaf); see the tradition about 'Umar: 'Abd al-Razzaq, 5: 496, no. 9793; cf. al-Turtiishl, al-Hawaditb wll-l-bida', ed. Muhammad Talbi (Tunis: 1959), p. 104. 22 Qur'an during the t awaf in a loud voice was disliked and considered a bad innovation tmuhdath): the Prophet is said to have asked 'Uthman to turn to dhikru llah from his qirixa. Nevertheless certain groups of scholars permitted the recitation of verses from the Qur'an.?" The problem of the reciting of poetry during the tawat is complicated. The Prophet is said to have told Abii Bakr who recited rajaz verses during the circumambulation to utter allahu akbar instead. This injunction of the Prophet seems to have been disregarded. Ibn 'Abbas, Abii Sa'id al-Khudri and Jabir b. 'Abdalliih used to talk during the (awaf and recite verses," A report on the authority of 'Abdallah b. 'Umar says that the Companions used to recite poetry to each other ty at an ash adicn) during the circumambulation/" The argument in favor of the lawfulness of the recitation of poetry during (a wa] was based on the precedent of 'Abdallah b. Rawaha who had recited his verses during the Prophet's tawat in the year A.H. 7 ('umrat al-qadii): Khallii bani Lrkutfiu: 'an sabilih ...3 Also during the fawaf 'A'isha discussed with 9 some women of Quraysh the position of Hassan b. Thiibit and spoke in his favor, mentioning his verses in defense of the Prophet; 94 Hassan, some traditions say, was aided by the angel Jibril in composing seventy verses in praise of the Prophet." Al-Nabigha al-Ja'di recited his verses in the mosque of Mecca, praising Ibn al-Zubayr and asking for his help at a time of drought." Ibn al-Zubayr asked, during the tawat, a son of Khiilid 90 Ibn Abi Shayba, 4: 10; Al-Azraqi, p. 258; al-Fakihi, fols, 295b-296a; and see the survey of the different opinions: Ibn Zuhayra, pp. 129-30; al-Majlisi, 99: 209, no. 19. 91 al-Fiikihi, Col.307b. 92 al-Fakihi, Col.307b. 93 al-Wiiqidi, p. 736; Niir aI-Din al-Haythami, 8: 130; al-Fiikihi, Col. 307a; al-Muttaqi l-Hindi, 5: 95, no. 745. 94 al-Azraqi, p. 257; Ibn 'Abd al-Barr, al=l stl'ab, ed. 'Ali al-Bajiwi (Cairo: 1380/1960), 1: 347; al-Fiikihi, Col.307b. 95 al-Fiikihi, Col.307b. 96 Maria Nallino, Le Poesie di an-Niibigah al-Ga'di (Rome: 1953), p. 137 (IX) (and see the references of the editor); al-Fakihi, Col.307b inf, 308a. 23 L. Ja'far al-Kilabi to recite some verses of his father against Zuhayr (b. Jadhima al-'AbsD. "But I am in a state of ihram; argued the son of Khiilid. "And so am I," said Ibn al-Zubayr and urged him to recite the verses. He responded and quoted the verse: "And if you catch me, kill me _" tPa-tmma takhudhiini ja-qtuliini: wa-in aslam [a-laysa ilii l-khuliaii). Ibn al-Zubayr sadly remarked that this verse suited his position in relation to the Banii Umayya,?? Sa'id b. Jubayr recalled having heard during the iawa] the verses of a drunkard who prided himself on the fact that he would not refrain from drinking wine even in old age," An old woman recalled verses composed about her beauty in her youth." There are moving verses composed by devoted sons, who carried on their backs their old mothers during the tawat and supplications by women asking God to forgive them their sins. Poets had the opportunity to watch women doing their tawa] and composed verses extolling their beauty.l'" The wearing of a veil by women performing the fawiit was the subject of a heated discussion among scholars who used as arguments the contradictory utterances attributed to the Prophet and quoted as precedents the fawiit of his wives.'?' Another important problem was whether men and women could lawfully perform the tawat together. According to one tradition women used to perform the fawiit together with men in the early period. The separation of women from men was first ordered by Khiilid b. 'Abdallah al-Qasri.l'? Al-Fakihi remarks that this injunction was aI-Fiikihi, fo1. 307b; and see a different version of this verse Aghani (Biiliiq), 10: 12. 98 al-Fakihi, fo1. 308a; and see the verses: Yiiqiit, Mu'jam al-buldan, s.v. Amaj; and see Ibn Abi l-Dunya, Dhamm al-muskir, al-Zahiriyya, Majmii'a 60, fo1. 8a (Sa'Id b. Jubayr changes the text of the verse from wa-kana kariman fa-lam yanzi into wa-kana shaqiyyan fa-lam yanzi). 99 aI-Fiikihi, fo1. 308a. 100 aI-Fiikihi, fols. 307b-3IOa. 101 al-Shiifi'i, 2: 127; al-Azraqi, p. 260; aI-Fiikihi, fols. 296a-297a; Niir aI-Din al-Haythami, 3: 219-20; Ibn Zuhayra, pp. 133 uIl-I34. 102 aI-Azraqi, pp. 265-6; aI-Fiikihi, fols. 299a ult.-299b; Muhibb al-Din al-Tabari, pp. 319-20; al-Qastallani, 3: 172-3; Ibn Hajar, Fath al-bari, 3: 384-5; Ibn Zuhayra, p. 127; al-Fasi, al-T qd, 4: 273. 97 24 received with approval and people conformed to it until al-Fakihi's own time. Two other decrees of al-Qasri continued to be observed by the people of Mecca: takbir during the ceremony of tawai in the month of Ramadan and a special arrangement of rows of men around the Ka'ba.103 The separation between men and women in the mosque of Mecca was carried out by the governor 'Ali b. al-Hasan al-Hashimi as late as the middle of the third century by drawing ropes between the columns of the mosque; the women sat behind the ropes,'?' At the beginning of the third century (about 209) the governor of Mecca under al-Ma'miin, 'Ubaydallah b. al-Hasan al-Tiilibi.l'" ordered a special time to be set apart for the women's tawilf after the afternoon prayer; men were not allowed to perform the tawa] at that time. This regulation was implemented again by the governor of Mecca, Ibrahim b. Muhammad about A.H. 260.106 These changes in the ceremony of the iawat seem to point to a considerable fluctuation of ideas and attitudes among the rulers and the orthodox in connection with the sanctuary and the form of the tawa]. The new arrangements, which were apparently meant to grant the haram more religious dignity and sanctity and to turn the tawilf into a solemn ceremony with fixed rules, may be compared with some peculiar customs practised in the early t awa], as recorded by al-Fakihi, The passage given by al-Fakihi begins with 103 al-Fakihi, fol. 432a (and see ibid., fol. 439b, lines 5-7 and fol. 354b: dhikru idiirati l-saffi [i shahri ramadana wa-awwalu man [dalahu wa-awwalu man ahdatha l-takbira bayna t-t ariiwibi hawla l-bayti fi shahri ramadana wa-tatsiru dhiilika); al-Zarkashi, I'lamu l-saiid bi-ahkami l-masiiiid, ed. Abii I-Wafii Mustafa I-Mariighi (Cairo: 1385),p. 98; al-Fiisi, al-'Jqd, 4: 272, 276 sup; al-Shibli, Mal;lasin al-wasdll [i mdrifaii I-awa'il, MS. Br. Mus., Or. 1530,fols.38b-39a, 41b-42a. 104 al-Fakihl, fol. 443a; al-Fiisi, al-'J qd, 6; 151, no. 2050 (quoted from al-Fiikihi); idem, Shifa' al-gharam (Cairo), 2: 188 (quoted from al-Fiikihi); Ibn Zuhayra, p. 300 inf. (quoted from al-Fakihi), 1J5 See on him Waki', Akhbiir al=qudiu, ed. 'Abd al-'Aziz Mustafa al-Mariighi (Cairo: 1366/1947), 1: 257-258; Ibn Zuhayra, p. 297. 106 al-Fiikihi, fol. 443a; al-Fasi, al-Tqd, 3: 247-8, no. 720 (quoted from al-Fiikihn. 25 a rather cautious phrase: wa-qad zaama badu ahli makkata, which clearly expresses a reservation on the part of the compiler. In the old times (kanu fima mada) when a girl reached the age of womanhood her people used to dress her up in the nicest clothes they could afford, and if they were in possession of jewels they adorned her with them; then they introduced her into the mosque of Mecca, her face uncovered; she circumambulated the Ka'ba while people looked at her and asked about her. They were then told "This is Miss so and so, the daughter of so and so," if she was a free-born person. If she was a muwallada they said: "She is a muwallada of this or that clan." Al-Fakihi remarks in a parenthetical phrase that people in those times had religious conviction and trustworthiness iahlu dinin wa-amanatin) unlike people of his day, whose manner of belief is obnoxious (laysu 'ala ma hum 'alayhi min al-madhahibi l+makriiha), After the girl had finished her tawat she would go out in the same way, while people were watching her. The purpose of this practice was to arouse in the people the desire to marry the girl (if she was free-born) or to buy her (if she was a muwallada). Then the girl returned to her home and was locked up in her apartment until she was brought out and led to her husband. They acted in the same way with slave-maidens: they led them in the tawa; around the Ka'ba clad in precious dresses, but with their faces uncovered. People used to come, look at them and buy them. Al-Awza'I asked 'Ala' (apparently Ibn Abi Rabah) whether it was lawful to look at maidens who were led in tawaf around the Ka'ba for sale; 'Ala' objected to this practice except for people who wanted to buy slave-girls,"? This report is corroborated by a story recorded by Ibn Abi Shayba, according to which 'A'isha dressed up a maiden, performed the iawat with her and remarked: "We may perhaps succeed in catching (literally: hunting) a youth of Quraysh" (scil, for 107 al-Fiikihi. fol. 309b. 26 the girO.los 'Umar is said to have encouraged the selling of slave-maidens in this manner.l'" All these reports - al-Fakihi's reference to "people with religious conviction and trustworthiness," al-Awza'i's inquiry, 'Ata"s answer, 'A'isha's story - seem to reflect t awai customs prevailing in the early period of Islam, in all likelihood during the first century of the Hijra. The reports indicate a certain informality and ease of manners. All this was bound to change if the haram was to acquire an atmosphere of sanctity and veneration. The early informality and intimacy can be gauged from a number of traditions concerned with the daily behaviour of the faithful in the mosque of Mecca. Ibn al-Zubayr passed by a group of people who were eating their meal in the mosque and invoked upon them his benediction. Abu Nawfal b. Abi 'Aqrab"? saw Ibn 'Abbas there eating roasted meat with thin bread; the fat dripped from his hands. A broth of crumbled bread used to be brought to Ibn al-Zubayr in the mosque. One day a boy crawled towards it and ate from it; 'Abdallah b. al-Zubayr ordered the boy to be flogged. The people in the mosque, in their rage, cursed Ibn al-Zubayt/" A similar problem was whether it is lawful to sleep in the mosque of Mecca. Scholars arguing for it quoted the precedent of the Prophet whose isrii took place (according to the report of Anas b. Malik) from the mosque of Mecca where he had slept'" Another 108 al-Musannaf, 4: 410; Lisan al+Arab, s.v. sh-w-f; Ibn al-Athir, al-Nihaya, s.v. sh-w-f. 109 Ibn Abi Shayba, 4: 411 ('Umar remarks, however, that girls should not be compelled to marry ugly [or mean; in text dhamim ; but probably damiml men; "the girls Iike in this matter what you like," he said}, cf. Ibn Ra's Ghanama, Maniiqil al-durar Ii mana bit al-zahar, MS. Chester Beatty 4254, fol. 19b: qala 'umaru: ia yuzawwijanna l-rajulu bnatahu l-qablha [a-innahunna yarghabna lima targhabiin. 110 See on him Ibn I:Iajar, Tahdhib, 12: 260. Ill al-Fiikihi, fo!. 355b: dhikru l-akli fi l- masjidi l-harami wa-l-ghada flhi ; and see al-Turtfishl, pp. 106-8; al-Zarkashi, l'liim al-sajid, pp. 329-30. 112 al-Fiikihi, fol. 355b. 27 argument in favor of sleeping in mosques was mentioned by Sulayman b. Yasar,"" when questioned by al-Harith b. 'Abd al-Rahman b. Abi Dhubab: 114 "How do you ask about it, said Sulayman, knowing that the ashab al-suita slept in the mosque of the Prophet and prayed in it." 115 Ibn 'Umar used to sleep in the mosque (of Medina) in the Prophet's Iifetime.'" When Thabit (al-Bunani) consulted 'Abdallah b. 'Ubayd b. 'Umayr"? whether to turn to the amir in the matter of the people sleeping in the mosque of Mecca, 'Abdallah bade him not to do that, quoting the opinion of Ibn 'Umar who considered these people as 'akifun, people praying in seclusion. The pious Sa'id b. Jubayr used to sleep in the mosque of Mecca. 'Ata' b. Abi Rabah spent forty years in the mosque of Mecca, sleeping there, performing the tawat, and prayingJ" In a conversation with his student Ibn Jurayj he expressed a very favourable opinion about sleeping in mosques. When 'Ata' and Sa'id b. Jubayr were asked about people sleeping in the mosque of Mecca who have night-pollutions they nevertheless gave a positive answer and advised them to continue to sleep in the mosque. In the morning, says a tradition, Sa'id b. Jubayr used to perform the tawiif, wake up the sleepers in the mosque, and bid them recite the talbiya. These reports quoted from a chapter of al-Fakihi entitled Dhikru l-nawmi fi I-masjidi l-harami wa-man rakhkhasa iihi wa-man karihahu'" give some insight into the practices in the 113 114 115 116 See on him Ibn Hajar, Tahdhib, 4: 228, no. 381. See on him ibid.• 2: 147, no. 249; al-Dhahabi, 1: 437, no. 1629. al-Turtiishi, p. 105. al-Zarkashi, l'liim al-sajid, p. 307; al-Turtiishi, p. 105;al-Mariighi, Tahqiq ai-nusra bi-talkhis mdiilim diiri l-hijra, MS. Br. Mus.• Or. 3615, fo1. 50a. 117 See on him al-Bukhiiri, al-To'rikn al=kablr, 31, no. 430; Ibn Hajar, Tahdhib, 5: 308, no. 524. 118 Cf. al- Turtiishi, p. 105. 119 Ta'rikh Makka, fo1. 355b-356a; al-Zarkashi, I'liim al-saiid, pp. 306-8, 317-18; Mubibb al Din al-Tabari, pp. 659-60, nos. 30-31; al-Majlisi, 99: 240, no. 1; about the odious impurity which causes bad smells see al-Fakihi, fo1. 357b, ult.-358a idhikru irsiili l=rihi [i l-masiidi l-harami); al-Zarkashi, l'lam ai-sajid, pp. 313-14; cf. about a superstitious belief 28 mosque of Mecca in the early period of Islam and help us to understand the ideas about ritual and the sanctity of the haram current at the time. Of special interest are some customs of t aw a] and include hardships, rigid self-exertion and self-castigation. Tradition tells about people who vowed to perform the fawaf while crawling's? or fastened to each other by a rope,'?' or being led with a rope threaded through a nose-ring.F' Tradition reports that the Prophet and his Companions unequivocally condemned these practices, prohibited them and prevented the people from performing the tawat in this way. It is obvious that these usages reflected the Jahiliyya ideas of self-imposed harshness, of vows of hardship and severe practices. These went contrary to the spirit of Islam which, while transforming it into an Islamic ritual, aimed to give the tawat its own religious values. Ibn Hajar is right in tracing back the prohibited forms of (awat to their Jahili source,'> Similar to these vows of self-exertion during the tawa! are the vows of hardship during the hajj. The traditions tell about men who vowed to perform the hajj on foot. Some women vowed to perform the hajj walking, or with faces uncovered, or wearing coarse garments, or keeping silent.124 The Prophet passed censure on h a i j which 120 121 122 123 124 among common people in Egypt: 'Ali Mahffiz, al-Ibdii' fi (Cairo: 1388/1968), p. 454. al-Fakihi, fol, 297a; al-Azraqi, p. 261; 'Abd al-Razzaq, 8: 457, no. 15895. al-Pakihi, fol, 297b; al-Azraqi, p. 261; 'Abd al-Razzaq, 8: 448, no. 15862; al-Bayhaqi, al-Sunan al-kubra, 5:88; al-Qastallani, 3: 173-4; al-Hakim, al-Mustadrak, 1: 460; Ibn l;Iajar, Fath al-bari, 3: 386-7; Muhibb aI-Din al-Tabari, p. 319, no. 73. al-Fakihi, fo!. 297b; 'Abd al-Razzaq, 8: 448, nos. 15860-15861,11:292, no. 20572; Lisan al-'Arab, s.v. z-m-m-, kh-z-m. Fath al-bari, 3: 386. al-Tabawi, Sharb maani, 3: 128-132; Yiisuf b. Miisii al-l;Ianafi, 1: 260-2; al-Suyfiti, al-Durr al-manthiir, 1: 351-2; idem, Ta'rikn al-khulaia', ed. Muhammad Muhyi I-Din 'Abd al-Hamid (Cairo: 1371/1952), p. 99; al-Shatibl, al-I'tisam (Cairo: n.d.), 2: 52; Bahshal, Ta'rikn Wasil, ed. current madarr al-ibtidii 29 these practices, emphasizing that God does not heed (literally: does Lot need) vows by which people cause harm and suffering to themselves. These practices recall certain customs observed by the Bums which therefore had to be abolished in Islam. It may however be remarked that some early Muslim ascetics or pious men used to perform the hajj on foot, or vowed not to walk under a shade during their hajj.125 It is true that the outer form of these practices recalls the old Jahiliyya ones; there is however a clear line which has to be drawn between them: the devotional practices of the pious Muslims are different in their content and intention; they are undertaken out of a deep faith and performed for God's sake. These practices of the pious gained the approval of the orthodox circles and were considered virtuous. This attitude is clearly reflected in a haditb attributed to the Prophet: 'The advantage of the people performing the hajj walking over those who ride is like the advantage of the full moon over the stars."126 Fasting on the Day of 'Arata gave rise to another important controversy. The contradictory traditions and reports are arranged in Fakihi's compilation in two chapters: the one encouraging the Gurguis 'Awwiid (Baghdad, 1387/1967), p. 231; Ibn Sa'd, 8: 470; al-Bayhaqi, al-Sunan al-kubra, 10: 76; al-Fasawi, fol. 157b; Ibn 'Abd al-Hakarn, p. 294; aI-Muttaqi l-Hindi, 5: 341, no. 2265, 449, no. 2507; Ahmad b. Hanbal, Musnad, 11: 7, no. 6714; al-Tayalisi, p. 112, no. 836; al-Tahawl, Mushkil at-iuhar, 3: 37-41; 'Abd al-Razziiq, 8: 438, no. 15825, 448, no. 15863; al-Fiikihi, fols. 315a-b; Ibn Daqiq al-'ld, pp. 310-11,nos. 791-793. (And see al-Fiikihi, fol. 511b:the story of the woman who vowed to perform the pilgrimage in silence if God would help to reconcile the fighting factions of her tribe. Abu Bakr, ordering her to discontinue her silence, remarked: takallami, fa-inna I-islam a hadama ma kana qabla dhalika); al-Tusi, Amali (Najaf: 1384/1964),1: 369. 125 Ibn Abi I-Dunyii, al-Tawba, MS. Chester Beatty 3863, fol. 17b; Bahshal, p. 167; al-Khuwiirizmi, Mukhtasar ithiirati l-targhib wa-l-tashwiq ila l-masiijidi l-thaliuhati wa-ila l-bayti l-'atiq, MS. Br. Mus., Or. 4584, fol. 8a-b. 126 al-Fiikihi, fols. 321b-322a idhikru l-mashyi fi I-hajji wa-f adlihi): al-Khuwiirizmi, fol. 8b: wa-li-l-mashi [adlun 'ala l-rakibi ka-fadli laylati l-qadri 'ala sa'iri l-layali, 30 faithful to fast on this day, the other reporting about Companions who refrained from fasting,'?" According to a tradition of the Prophet the sins of a man who fasts on the Day of 'Arafa will be remitted for a year;128 another version says two years,"? a third version a thousand days.130The list of persons who did fast includes also 'A'isha, who emphasized the merits of fasting on that day. The opponents who forbade fasting on that day based their argument on accounts and evidence that the Prophet had broken the fast on the Day of 'Arafa,!" 'Umar,132 his son 'Abdallah and Ibn 'Abbas prohibited fasting.l" In another version Ibn 'Umar stressed that he performed the pilgrimage with the Prophet and the three first caliphs; none of them fasted on the Day of 'Arafa, He himself did not fast, but did not explicitly enjoin either eating or fasting.P' The 127 aI-Fiikihi, fois. 528a-529a (dhikru sawmi yawmi 'araf a wa-f adli siyamihi ; dhikru man lam yasum yawma 'arafa makhiifata l-du'fi 'ani l-du'a); Ibn Abi Shayba, 4: 1-3, 21, 3: 104; al-Tahawi, Mushkil, 4: lll. 128 aI-Fiikihi, fol. 528a, ult.; al-Mundhiri, 2: 236, no. 1463; Ibn Abi Shayba, 3: 97; al-Tahawi, Shorb maiini, 2: 72; al-Bayhaqi, al-Sunan al-kubra, 4: 283. 129 aI-Fiikihi, fois. 528a, inf., 528b; al-Tabaranl, I: 255, 2: 71; Bahshal, p. 276; al-Mundhiri, 2: 236; 7 nos. 1461-1462,1464-1465, 1467-1468; Muhibb aI-Din al-Tabari, p. 403; Ibn Abi Shayba, 3: 96-97; al-Tahawl, Sharb maiini, 2: 72; idem, Mushkil, 4: 112; al-Shawkiini, Nayl, 4: 267, no. 2; al-Bayhaqi, ai-Sunan al-kubra, 4: 283, 130 al-Mundhiri, 2: 237, no. 1466; aI-Fiikihi, fol. 528b; al-Suyiltl, al-Durr ai-manthia, 1: 231 (another version 1,000 years). 131 Mus'ab b. 'Abdallah, Hadith, MS. Chester Beatty 3849/4, fol. 4Oa; Abu 'Umar, GhuIiim Tha'Iab, Juz', MS. Chester Beatty 3495, fol. 97a; aI-Fiikihi, fol. 528b; al-Shawkiini, Nayl, 4: 267, no. 4; al-Bayhaqi, al-Sunan al-kubra, 4: 283-4; al-Suyiiti, al-Durr al-manthia, 1: 231. 132 al-Bukhiiri, al-Ta'rikh al-kabir, 32, no. 1600. 133 al-Fakihi, fol. 529a; Ahmad b. Hanbal, al-Tlal, 1: 286, nos. 1849, 1852; aI-Khatib al-Baghdiidi, Mudil), 2: 338-9; al-Pasawi, fol. 61a; cf. Abu Nu'aym, 7: 164; Mubibb aI-Din al-Tabari, p. 404. 134 Abu 'Ubayd, Gharib al-haditn 3: 4; aI-Khatib al-Baghdiidi, Mudil), 1: 434; al-Tahawl, Shorb mdiini. 2: 72; Muhibb al-Din al-Tabarl, p. 404 (and see ibid., p. 405 inf.); al-Shawkiini, Nayl, 4: 268; al-Suyiitl, al-Durr al-manthiir, 1: 231; Ibn Kathir, al-Bidaya wa-l-nihaya (Beirut, al-Riyad: 1966), 5: 174. 31 conciliatory interpretation assumed that the prohibition of fasting referred to the people attending 'Arafa; but people not present on that Day of 'Arafa may fast, and are even encouraged to fast.!35 The reason given for not fasting on that day in 'Arafa was the care for the pilgrims, who might be weakened by the fast and prevented from properly performing the du'ji' and dhikr, which are the most important aims of the pilgrims staying at 'Arafa.136 The transfer of some rites performed at 'Arafa to the cities conquered by the Muslims is of special interest. This practice was introduced in Basra by 'Abdallah b. 'Abbas'" and by 'Abd al-'Aziz b. Marwan in Fustat.138 the Day of 'Arafa people used to gather On in the mosques to invoke and to supplicate. When Ibn 'Abbas summoned the people to gather in the mosque he argued that he wished that the supplications of the people may be associated with those attendant at 'Arata and that God may respond to these supplications; thus they would share God's grace with the attendants 135 al-Tahawi, Sharb mdimi, 2: 72; idem, Mushkil 4: 112; Abii Nu'ayrn, 3: 347; al-Fasawi, fol. 32b; al-Shawkiini, Nayl, 4: 267, no. 3; al-Bayhaqi, al-Sunan al-kubra 4: 289; Yiisuf b. Miisii al-Hanafi, 1: 152; al-Suyiiti, al-Durr al-manthiir, I: 231. 136 al-Fakihl, fol. 529a; cf. Muhibb al-Dln al-Tabari, p. 405, lines 3-7 '(fasting on the Day of 'Arafa is not favored for people performing the pilgrimage; it is however encouraged for people not performing the hajj. See the compromise-recommendations of al-Mundhiri, 2: 238: "; there is nothing wrong in fasting, if it does not weaken him in his du'a' ... for the pilgrims it is preferable to break the fast ...•.See the story of Ibn Wahb, who broke the fast at 'Arafa because he was occupied by the thought of breaking the fast: al-Qadi 'Iyiid, Tartib al-madiuik, 1, 430; and see on this subject: al-Shawkiini, Nayl 4: 269). 137 See al-Quda'i, Ta'rikh, MS. Bodley, Pococke 270, fol. 67b (quoted from al-Jahiz's Nazm al-qur'iinr; al-Qalqashandi, Ma'athir ai-inaia [i maalim al-khilafa, ed. 'Abd al-Sattiir Ahmad Farriij (Kuwait: 1964), 1: 129; Muhibb al-Dln al-Tabarl, pp. 387 inf.-388 sup; al-Fasawi, fol. 16a: ._ haddathanii abu 'awana, qiil a: ra'aytu I-has an a kharaja yawma 'oraf a min al-maqsiirau ba'da I-'asri [a-qaada fa-'arrafa; al-Bayhaqi, al-Sunan al-kubra 5: 117 inf.; see S.D. Goitein, Studies in Islamic History and Institutions (Leiden; 1966),-p. 137. 138 al-Kindi, Wulat ut», ed. Husayn Nassar (Beirut: 1379/1959),p. 72. 32 at 'Arafa.P" Mus'ab b. al-Zubayr introduced this innovation in Kiifa.140 Some pious Muslims participated in these gatherings, others considered them as bid'ar" The tarit in Jerusalem is linked in some sources with 'Abd al-Malik, who is accused of having built the Dome of the Rock in Jerusalem in order to divert the pilgrimage from Mecca to Jerusalem, since 'Abdallah b. al-Zubayr, the rival caliph in Mecca, forced the pilgrims to give the oath of allegiance. When the Dome of the Rock was built people used to gather there on the Day of 'Arafa and performed there the wuqufr" So the bid'a of wuqid in Jerusalem arose. Al-Turtiishi describes a gathering of the people of Jerusalem and of its villages in the mosque, raising their voices in supplications. They believed that four "standings" twaqafiu) in Jerusalem were equal to a pilgrimage to Mecca.r" Ibn Taymiyya, of course, strongly censured this innovation.r" It is evident that the idea behind the ta'rit is that it is possible to transfer sanctity from 'Arafa to another sanctuary where the rites of 'Arata are being performed on the same day, or that one may share in the blessing of 'Arafa through the performance of certain devotions at the same time as they are done at 'Arafa (as is the case with the supplications in the tdrit mentioned in note 139 above), or the notion that two sanctities may be combined as indicated in the tradition about Zamzam visiting Sulwan on the night of 'Arafa.!" The idea of transfer of sanctity is clearly reflected in a 139 al-Mawsili, Ghiiyat al-wasiiil ila mdrifati l-awail, MS. Cambridge Qq 33 (10), fol. 153a. 140 al-Suyiiti, al-Durr al-manthia, 1: 231 inf. 141 Ibn Kathir, al-Bidiiya, 9: 307; al-Turtiishi, pp. 115-16;al-Suyiiti, al-Durr al-manthiir, 1: 231 info 142 al-Quda'I, fol. 67b; al-Qalqashandi, 1: 129. 143 al-Turtiishi, pp. 116-17. 144 Majmu'at al-rasall al-kubrii (Cairo: 1323), 2: 57; Jamiil a-Din al-Qiisimi, I slab- al-masaiid min al-bidd wa-l-'awa'id (Cairo: 1341), p. 215 (from Ibn Taymiyya), 145 al-Muqaddasi, line 11. Ab-san al-taqasim, ed. M.J. de Goeje (Leiden: 1906), p. 171, 33 Shi'i tradition in which a Shi'i adherent asks the imam Ja'far al-Sadiq whether he may perform the to'rii on the grave of Husayn if the opportunity to perform the hajj (scil, to Mecca) escapes him. The imam enumerates in his answer the rewards for visiting the grave of al-Husayn on common days and those for visits on feasts, emphasizing that these rewards are multiplied for a visit on the Day of 'Arafa, This visit is equal in rewards with a thousand pious pilgrimages to Mecca and a thousand 'umr a accepted by God and a thousand military campaigns fought on the side of a prophet or a just imam. The adherent then asked, how he could get a reward similar to that of the mawqii (of 'Arata), The imam looked at him as if roused to anger and said: "The believer who comes to the grave of al-Husayn on the Day of 'Arafa, washes in the Euphrates and directs himself to the grave, he will be rewarded for every step as if he had performed a hajj with all due rites." The transmitter recalls that the imam did say: "and [took part in] a military campaignr" Some changes of ritual were attributed to the Umayyads and sharply criticized by orthodox scholars. A number of innovations of this kind are said to have been introduced by Mu'awiya, It was he who refrained from the takbir on the Day of 'Arafa, because 'Ali used to practise it.147 He forbade the loud recitation of the talbiya at 'Arafat, and people obeyed his order; then Ibn 'Abbas ostentatiously came forth and uttered the talbiya loudly,':" It was Mu'awiya who transformed a place where the Prophet had urinated into a place of prayer.v" and invented iahdatha) the adhan in the saliu a[-'idayn.150 He changed the order of the ceremony of the 'id peculiar 146 Ibn Biibawayh, Amali i-sadiu; (Najaf: 1389/1970),pp. 126-7. 147 aI-Fiikihi, fol. 529a. 148 Mubibb al-Din al-Tabari, p. 403; al-Hakim, al-Mustadrak, 1: 464 inf.-465; al-Muttaqi aI-Hindi, 5: 79, nos. 646, 648. 149 Muhibb al-Din al-Tabari, p. 417; Amin Mahmiid Khattab, Fatb al-malik al-mdbisd, 2: 59 inf.-60, lines. 1-7; aI-Fiikihi, ·fol. 531a,sup. 150 al-Suyiiti, Ta'rikh al-khulafa', p. 200. 34 al-adha and ordered the khutba to be delivered before the prayer.P' He was also the one who banned the tamattu' pilgrimages.P? Changes of this kind were recorded as wicked innovations of the impious Umayyad rulers. The inconsistencies of the usages, customs and ritual practices of the early period of Islam are reflected in almost every subject dealt with in the early sources of hadith. Opinions divergent and contradictory are expressed about the sutra which has to be put in front of the praying Muslim and whether a dog or a donkey or a woman passing by invalidates the prayer-" Scholars differ in their opinions as to whether the form of sitting during the prayer called iq'a' is permitted.P' whether the prayer by a believer clad in one garment ithawb) is valid.!" and whether counting of the tasbib by pebbles is allowed!" Some of the subjects dealt with in the early hadiths lost their actuality and relevance. It is however a special feature of Muslim haditn literature and haditn criticism that some of these themes reappear and are discussed even in our days. Thus, for instance, the contemporary scholar Nasir al-Din al-Albani examines 151 al-Shibli, Maf)asin al-wasdil, fol. 120a; al-Suyiiti, Ta'rikh al-khulafd, p. 200. 152 al-Muttaqi aI-Hindi, 5: 88, no. 708; al-Shibli, MahQsin al-wasdil, fol. 119b (and see above notes 48, 50); and cf. the wicked innovations of al-Hajjij Abii Tiilib al-Makki, 2: 53-4. 153 al-Hakirn, al=Mustadrak, 1: 251-2; Niir al-Din al-Haytharni, 2: 59-62; al-Fakihi, fol. 481a inf.; al-Fasawi, fol. 217b; Ibn Abi Shayba, 1: 276-83; 'Abd al-Razzaq, 2: 9-38, nos. 2272-2396; al-Tahawi, Sharf) maani, 1: 458-64; al-Muttaqi l-Hindi, 8: 132-8, nos. 946-989; al-Zarkashi, al=l iaba, pp. 66, 84. 154 Ibn Abi Shayba, 1: 285; 'Abd al-Razzaq, 2: 190-7, nos. 3024-3053; and see Ibn al-Athir, al-Nihiiya, s.v. q-'-a, '-q-b. 155 al-Tal)iiwi, Sharf) maani, 1: 377-83; al-Shawkiini, Nayl, 2: 83-4; Ibn Abi Shayba, 1: 310-15. 156 Ibn Abi Shayba, 2: 389-91; Ibn Abi I-ijadid, Sharf) nah] al-balagha, ed. Muhammad Abii l-Fadl Ibriihim (Cairo: 1964), 18: 164; and cf. Ahmad b. Hanbal, al-Ttal, 1: 325, no. 2122; Sa'Id b. Jubayr throws out the pebbles with which a woman counted her circlings during the the tawa]. 35 the tradition prohibiting fasting on the Day of 'Arafa for people attending 'Arata,"? He carefully analyzes the isnads, finding out their faults; he harshly reprimands al-Hakim for his heedlessness in considering the haditb sound and states that the haditb is in fact weak. He argues that the haditb about the forgiveness of sins for a period of two years for him who fasts on the Day of 'Arafa is a sound tradition; but the attached phrase about the rewards for fasting on every day of Muharram is a forged one.ISS An exhaustive scrutiny of hadiths about the counting of tasbih by pebbles is included by al-Albani in the examination of the haditb about the rosary (ai-subha).IS9 Of interest are certain traditions in which some social and cultural, as well as religious, trends are exposed. Of this kind are the traditions in which the Prophet predicted that his community would erect sumptuous mosques in the manner of Jewish synagogues and Christian churches, adorn them richly and embellish them with inscriptions. This will be the sign of decline of the Muslim community and portend the End of the Days. Traditions of the very early period of Islam reflect the opposition against arched mihrab« "Beware these altars" tittaqii hadhihi l-madhabih), followed by an explanatory comment, "he meant the mahiirib' (ya'ni l-maharib), says a tradition attributed to the Prophet,"? "My people will fare well as long as they will not build in their mosques altars 157 Na s ir aI-Din aI-AIbiini, Silsilat al=ah a d i t n al+d a'Lf a wa-l-mawdiia (Damascus: 1384),no. 404. 158 Ibid., no. 412. 159 Ibid., no. 83. 160 al-Daylami, MS. Chester Beatty 4139, fo1. 27a (al-Daylami adds: wa-kana ibriihlmu l-taymi la yusalli [i (aqi l-mihrab); al-Suyiiti, ai-Khasii'is ai-kubrii; 3: 189; al-Muniiwi, 1: 144-5, no. 153 reviews the different meanings of the word mihrab. And see the peculiar story of the Christian youth in the mihrab: al-Khatib al-Baghdadi, To'rikh Baghdad, 9: 45; al-Turtiishl, p. 94; al-Bahranl, 7: 281-5; Mahmiid Mahdi al-Miisawi al-Khawansiiri, Tuhfat al-siijid fi ahkiim al-masiijid (Baghdad: 1376), pp. 111-16.And see R.B. Serjeant, "Mii)riib," BSOAS (1959):pp. 439-53. 36 like the altars of the Christians," the Prophet foretold/?' Pious men usually refrained from praying in these mihrabs.162 Of the same kind were traditions against the adornment of mosques.'" prayers in the maqsiaa of the mosque,164 and against writing Qur'an verses on the walls of the mosque, or in the qibla of the mosque.'" These traditions should, of course, be studied against the background of the reports about the sumptuous buildings which were erected by the impious rulers and their governors and the richly decorated [ami' mosques in which delegates of the rulers led the prayer. Many a time a pious Muslim had to ask himself whether he should pray behind them, as can be deduced from the numerous traditions dealing with this subject. The few traditions reviewed in this paper clearly demonstrate the fluidity of certain religious and socio-political ideas reflected in the early compilations of hadith; as already proved by I. Goldziher. The diversity and divergence of traditions expose the different opinions of various groups of Muslim scholars. The divergent traditions are faithfully recorded in the compilations 161 al-Suyiiti, al-Khasdis al-kubra; 3: 188-9; Ibn Abi Shayba, 2: 59; and see the careful evaluation of this hadith' by Albiini, Silsila, no. 448. 162 'Abd al-Razzaq, 2: 412, no. 3898-3902; the tradition about the altars of the Christians, no. 3903; Ibn Abi Shayba, 2: 59-60 (ai-saiat Ii i-taq, man rakhkhasa l-saliu Ii Haq); Ahmad b. Hanbal, al-Tlal, 1: 64, no. 373. 163 al-Suyiiti, al-Khasdis al-kubrii, 3: 56-7; Ibn Abi Shayba, 1: 309; al-Suyiitl, al-Durr ai-manihiir, 3: 217 inf.; al-Shaybani, pp. 77-8; Abii 'Ubayd, Gharib al-hadlth, 4: 225; al-Shawkanl, No yl, 2: 167-70; idem, al-Fawii'id al-majmiia, ed. 'Abd al-Wahhab 'Abd al-Latif (Cairo: 1960), pp. 25-7; Abii Talib al-Makki, 2: 51 inf; Ibn Abi Jamra, Bahjat al-nufiis (Beirut: 1972 reprint), 1: 183; al-Sarnarqandl, Bustan ai-'arilin (on margin of Tanbih al-ghafilin) (Cairo: 1347), pp. 127-8; Yiisuf b. 'Abd al-Radi, Thimar al-maqasid [i dhikri t-masaiid, ed. As'ad Talas (Beirut: 1943), pp. 166, 170; al-Bahrani, 7: 277; al-Zarkashi, I'liim al-siijid pp. 335-8; Muhammad Mahdi al-Miisawi, pp. 87-92. 164 See 'Abd al-Razzaq, 2: 414-16, nos. 3907-3913; al-Bayhaqi, al-Sunan al-kubra, 3: 238; Abii Talib al-Makki, 2: 51 inf.; Ibn Sa'd, 7: %. 165 Ibn Abi Shayba, 2: 46; al-Turtiishi, p. 97; al-Zarkashi, I'lam al-saiid, p. 337; cf. Yiisuf b. 'Abd al-Hadi, p. 170. 37 of the second century of the Hijra with no obligatory conclusions imposed and no prescriptions issued. This activity reflects a sincere effort to establish the true path of the Prophet, the Sunna, which the believer should follow.

The Expedition of Biʾr Maʿūna

bir_mauna.pdf THE EXPEDITION OF BI'R MA'UNA The character of the expedition sent by the Prophet in the month of Safar 4 H., 1 which ended in the killing of the participants at Bi'r Ma'una, is rather obscure. Traditions about this expedition are contradictory: 2 the aim of the expedition can hardly be determined; the number of the participants is variously stated in the divergent traditions; the tribal composition of the participants is disputed; the details about the attackers are few; the reason for their attack on the Muslim party is not clear. It may therefore be useful to present a survey of some of the traditions concerning this encounter, in course of which a version apparently hitherto unknown is presented. I The traditional account of the story as reported by Ibn Ishaq (d. 151 H.) 3 forms a composite narrative, based on the authority of a number of Muslim traditionists. According to this account, one of the chiefs of 'Amir b. Sa'sa'a, Abu Bara' 'Amir b. Malik, 4 nicknamed "Mula'ib al-Asinna" ("The Player with the Spears"), 5 came to the Prophet and was invited by him to accept Islam. Although he did not embrace Islam, he was not far removed from it. He asked the Prophet to send some of his Companions to Najd to summon its people to embrace Islam, and expressed the hope that they would respond. He assured the Prophet of his protection of the Companions. The Prophet sent forty of his Companions with al-Mundhir b. 'Amr 1 Cf. J. M. B. Jones, "The Chronology of the Maghazl-a textual survey," in BSOAS (Bulletin of the School of Oriental and African Studies XXI,1957), 249, 267: the anonymous tradition fixing the date of the expedition in Muharram(p. 249 n. 10) is quoted as well in Samhifdi's IfTafd' al-wafd', I, 211. 2 See Max v. Oppenheim, Die Beduinen, rev. and ed. W. Caskel, III, 9. 3 In Ibn Hisham's Sira. 4 See his biography in Ibn Bajar, /fdba nO4417. 6 For this nickname, see Ibn al-Kalbi, Ansdb al-Khail, ed. Al:J.madZaki Pasha (Cairo, 1946), 77; Aus b. Bajar, Diwdn, ed. Geyer, XVII, 7, 8; XXI, 3; Ibn 'Abd Rabbihi, '/qd, III (Cairo, 1935), 335; Yaqiit, Bulddn, s.v. "Sullan"; alZurqani; Sharp 'aId 'I-mawdhib, 11(1325 H.), 75; al-Suhaili: al-Rauq al-unuf, II (Cairo, 1914), 174. - 338 aI-Sa'idi, 1 When the party reached Bi'r Ma
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