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