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: ...bi-l-haqqi, 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: 

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. 

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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