Short Description
One of the aspects of the Prophet's justice to non-Muslims that he was passing judgments on them based on proof, no matter the claimer relates to him by blood or family.
`Abdullah ibn Masu`d narrated that Allah's Messenger said: (Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him). Al-Ash'ath bin Qais[1] said: by Allah! This was about me. I had some dispute with another Jewish man regarding a well who disclaimed me and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath and then takes my property'. Allah then revealed what confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment[2]!' (3.77).
Indeed, it is peerless incident.
It is a dispute between tow men; a companion to the prophet Muhammad and a Jew man. The case was taken before the prophet to settle a judgment between them. The prophet acted in pursuance to the principles of the Islamic law without favoritism. The Sharia`h in this case entails that the claimer, Al-Ash`ath ibn Qais, should support his claim by proof, otherwise the defendant, the Jew, is to take an oath he is innocent to be freed, because the prophet (PBUH) said: (the claimer should provide evidence and the defendant should take an oath[3]).
The prophet Muhammad acted in this manner though he knows that Jews always fabricate lies against him and Islam and Allah, Almighty, as well. In this regard Allah says: (And they speak untruth about Allah while they know [it]), Al-`Emran, 75.
The case becomes more crucial as the Muslim claimer has no evidence supporting him and thus the case is dependent of the oath of the Jew.
Thereupon, the companion of the prophet feels disappointed as he is sure that the Jew will hastily take the oath. Is not that the infinite justice that never imagined to man kind to be observed?!
These are the ordinances of Islam, the heavenly religion that mankind on the earth should observe.
This is the prophet Muhammad, the most noble in morals over mankind.
The prophet Muhammad and the Jews of Khaybar
The previous incident was not the only one where the prophet Muhammad refused to approve the claim of a Muslim man against a Jew as the first lacks to evidence.
A more significant incident than disputing over a piece of land where the circumstances were more crucial, but the prophet's attitude was the same.
Sa`d ibn Abi-Hathamah related that a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, "You have killed our companion!" Those people said, "Neither have we killed him, nor do we know his killer." The bereaved group went to the Prophet and said, "O Allah's Apostle! We went to Khaibar and found one of us murdered." The Prophet said, "Let the older among you come forward and speak[4]" Then the Prophet said, to them, "Bring your proof against the killer." They said "We have no proof." The Prophet said, "Then they (the defendants) will take an oath." They said, "We do not accept the oaths of the Jews." Allah's Apostle did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money[5]).
How strange is that incident!
This incident happened at the time of peacemaking covenant between Muslims and Jews as mentioned in the narration of Imam Muslim where it states: (at the time when peacemaking covenant was concluded). This incident points out that this incident took place after the defeat of Jews in Khaibar and their approval to the peacemaking covenant with the prophet Muhammad, namely the Jews were in weak stance and Muslims were victorious that they, if willed, can apply pressures on Jews.
In the meantime, a Muslim man from Al-Ansar belongs to Khazraj tribe was killed. He was called `Abdullah ibn Sahl as cited in the narration reported by Imam Muslim[6]. Killing occurred in the lands of the Jews and most probable it is by Jews, yet, there is no evidence supporting that suspicion.
Accordingly, the prophet has not punished the Jews in any way, however; he asked them to take oaths they are innocent. The bereaved Ansar people are sure that the Jews do not pay any attention to false oaths that is their case will be in vain. However; the prophet's judgment was not affected by the sadness of people of Al-Ansar or their claim having no evidence. Thus, the prophet reused to fine the Jews by the blood money or to have one of them killed or even to inflict them with any punishment. This attitude of the prophet made people of Al-Ansar feel wronged as they had not any kind of compensation.
At that moment, the prophet Muhammad acted unexpectedly that he paid the blood money (the camels) of Zakat. The prophet did that to calm people of Ansar and lest he may wrong the Jews.
The Muslim treasury was charged by the blood money to avoid inflicting punishment on a Jew by suspicion.
Imam Nawawi[7] comments on this Hadith: (the prophet Muhammad paid the blood money to keep off disputes and reestablish relations[8]).
The prophet wanted to calm people of Al-Ansar through paying the blood money and make the Jews safe from the Muslim part to avenge their murdered.
How wonderful is that incident!
The prophet Muhammad and Musailamah, the liar
The greatest incident is which occurred with Musailamah Al-Hanafi who later called Musailamah, the liar. He came in the company of Bani Hanifah to Medina the 9 A.H[9].
Ibn `Abbas stated: (Musailama-al-Kadhdhab (i.e. the liar) came in the life-time of Allah's Apostle with many of his people (to Medina) and said, "If Muhammad makes me his successor, I will follow him." Allah's Apostle went up to him with Thabit bin Qais bin Shams; and Allah's Apostle was carrying a piece of a date-palm leaf in his hand. He stood before Musailama (and his companions) and said, "If you asked me even this piece (of a leaf), I would not give it to you. You cannot avoid the fate you are destined to, by Allah. If you reject Islam, Allah will destroy you. I think that you are most probably the same person whom I have seen in the dream." Abu Huraira told me that Allah's Apostle; said, "While I was sleeping, I saw (in a dream) two gold bracelets round my arm, and that worried me too much. Then I was instructed divinely in my dream, to blow them off and so I blew them off, and they flew away. I interpreted the two bracelets as symbols of two liars who would appear after me. And so one of them was Al-`Ansi and the other was Musailama Al-Kadhdhab from Al-Yamama[10]".
Also, how strange is that incident!
The prophet Muhammad saw a man refusing to embrace Islam except of one condition, though his people wholly embraced Islam. Moreover; the prophet Muhammad have dreamed, the dream of the prophets of Allah must come true, that Musailamah will assume the prophethood unduly. Though the prophet Muhammad was keen to the significance of the sedition Musailamah will conduct, the prophet has not punished or restrained him. This is the attitude of the prophet in a state Muslims were powerful and Bani-Hanifa and Arabs wholly are weak.
This prophetic attitude was because the prophethas not desired to render a judgment against Musailamah based on dream or revelation and as the disbeliever Musaliamah does not believe in revelation at all. Thus the prophet does not issue a judgment except based on evidence, and therefore the prophet left him safe though he is aware of the sedition occurring on his part after sometime.
This attitude of the prophet Muhammad reflects the justice in the noblest aspect; however, it is groundless to hold a comparison between these incidents of the prophet Muhammad and any other one worldwide.
[1]- Al-Ash`ath ibn Qais from Kindah. He paid a visit to the prophet Muhammad 10 A.H. he was a king on Kindah. When the prophet Muhammad died, he apostatized and then embraced Islam once again and Abu-Bakr (May Allah be pleased with him) married his sister to him. He fought in Al-Qadisyah battle and Siffin battle with `Ali ( May Allah be pleased with him). He died forty nights after `Ali being assassinated. Review "Usd Al-Ghabah" by ibn Al-Athir 1/97 and "Al-Isabah" by ibn Hajar 205.
[2]- Bukhari, book "Al-Khusumat-Disputes", chapter " litigants quarreling each other" 2285, Muslim, book "Al-Eman-Faith", chapter " threatening by Hell-Fire whoever took a false oath in order to grab someone else's property " 138.
[3]- Malik related this Hadith in his book "Al-Muwatta" on the authority of Muhammad ibn Al-Hassan Ashaibani 844, Al-Bayhiqi 20990, Al-Albani said: it is narrated by Muslim. In" Sharh Sahih Muslim" by Imam An-Nawawi, it is stated that it is related in the narration of Al-Baihiqi, ranked good or authentic, with an addition on the authority of ibn `Abbas as Marfu` wording: (But the claimer should provide evidence and the defendant should take an oath). Review: "Mishkat Al-Masabih" 3758.
[4]- ibn Hajar Al-`Asqalani in his book " Fat-h Al-Barri" 12/233-234.
[5]- Bukhari, book "Ad-Dyyat- Blood-money", chapter "Al-Qasamah-taking repeated oaths", 6502 and this wording of Hadith is that reported by Bukhari. Muslim, book " Al-Qasamah Wal-Muharibiin Wal-Qasa Wa-Dyat ", chapter "Al-Qasamah" 1669.
[6]- He is Abu-Al-Hussain Muslim ibn Al-Hajaj. He belongs to notable Qushair tribe. He was a Muslim versed scholar born in Nishapur on 204 A.H. he compiled "Sahih Muslim" book of Hadith that ranks second to Sahih Bukhari" according to majority of scholars. He died 261 A.H in Nishapur. Review " Al-bidayah Wa-Nihayah- Alpha and Beta" by ibn Kathir 11/33 and book " Tadhkirat Al-Huffaz" by Imam Adhahabi 2/588.
[7]- He is called Muhy Ad-Din Abu-Zakarya An-nawawi from Damascus. He embraces doctrine of Imam Ashafi` (631-676). He was very notable jurist at his time. He belongs to Nawa, Hauran. He was interested in taxonomy. He completed books like "Sharh Sahih Muslim" and " Ar-rawdah". For those not completed, book " Sharh Al-Muhadgab-Al-Majmu`" where he reached chapter "Ar-riba- Usurry" where he did expertly. Review " Al-Bidayah Wa-Anyhayah- Alpha and Beta" by ibn Kathir 13/278.
[8]- Book "Al-Mihaj- Sharh Sahih Muslim ibn Al-hajaj" by An-Nawawi 11/147.
[9]- "Al-Bidayah Wa-Nyhayah- Alpha and Beta" by ibn Kathir 5/48.
[10]- Bukhari: book "Al-Manaqib", chapter, "Signs of prophethood in Islam" 3424. Muslim, book " Ar-Ruya- dream", chapter " dreaming of the prophet Muhammad" 2273.
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