59. ABOUT THE LAND OF FADAK
Fadak was a personal property of the Prophet (s.a.). When the Verse, wa aat zal qurba haqqa, was revealed, he transferred its ownership to Fatima Zehra (a.s.) through a document. The land was in the possession and use of Hazrat Fatima (a.s.) till the demise of the Prophet (s.a.). When Abu Bakr assumed power, he evicted her from the possession of the land and the garden thereon. She went into appeal against this action and produced Hazrat Ali (a.s.) and Umm e Aiman as her witnesses. They both gave the evidence that Hazrat Fatima (a.s.) was right in her claim that the Prophet (s.a.), in his lifetime, had made the Hiba of the property in her favor. Hazrat Abu Bakr rejected the claim saying:
“O Daughter of the Prophet ! The evidence is not complete unless there are two male witnesses or one man and two female witnesses!”
Ref: Futooh al Baladaan, Page 38
Hazrat Fatima (a.s.) seeing that the evidence of Hazrat Ali (a.s.) and Umm e Aiman was deemed incomplete and the gift (Hiba) of the Garden of Fadak was rendered invalid she claimed it as an inheritance from her father, the Prophet (s.a.). The contention was that if Abu Bakr didn’t consider it as a Hiba, he should concede it to her as an inheritance from her father. Abu bakr said that the properties of the Prophet (s.a.) are not to be transferred to his off-spring as inheritance.because the Prophet (s.a.) had said:
“Ana ma-aashar al Anbiya laa nauras maa tarakna sadaqat”
“We the group of Prophets don’t make any inheritors and our assets are the Sadaqa.”
Hazrat Fatima (a.s.) rejoined:
“Is it written in the Book of Allah that you receive your father’s inheritance and I don’t! Hasn’t the Prophet (s.a.) said that the right of a person is that his off springs are protected.”
Ref: Tareeq e Yaqoobi, Vol 2, Page 106
Hazrat Fatima (a.s.) was so upset with the verdict of Hazrat Abu Bakr that she stopped talking to him and was cross with him the rest of her life. This attitude was not a momentary thing. The person, Hazrat Fatima (a.s), whose truthfulness and veracity the Prophet (s.a.) established and proved on the day of Mubahila was suspected of making a false claim by Abu Bakr. Imam Bukhari writes:
“Fatima binte Rasool (s.a.), after her father’s demise, claimed from Abu Bakr Siddeek that the property that the Prophet (s.a.) acquired from the infidels without battling, and had left behind as inheritance, was her right and must be given to her. Abu Bakr said, ‘rasool Allah (s.a.) has observed that the prophets don’t give any inheritance. Whatever they leave behind is a Sadaqa ( charity)’.Fatima binte Rasool (s.a) was very angry at this and severed all contact with Abu Bakr till her demise.”
Ref: Sahih Bukhari, Vol 2, Page 132
If we presume that neither a Hiba was made of the Fadak nor it was an inheritance, what was the problem in Abu Bakr giving away the land to Hazrat Fatima (a.s.) considering her nearness to the Prophet (s.a.). It is considered a right and the duty of a Hakim e Amr that he can give anything to anyone at his discretion! Therefore Mohammed al Khazrami Misri writes:
“The Shariah of Islam doesn’t prevent the ruler from giving any gift to any Muslim.”
Ref: Atmam al Wafa, Vol 2, Page 132
Ustad Abu Raya Misri writes:
“It is the right of the Khalifa that he can give what he wants to give to anyone!”
Ref: Shumara 518, Vol 11.
Therefore Hazrat Abu Bakr gave to Zubair ibne Awam a property in the valley of Jaraf and Omer too transferred to him a property in the Valley of Aqeeq. Hazrat Othman gave away Fadak to Marwan during his reign. Why didn’t Abu Bakr give the garden of Fadak to Hazrat Fatima (a.s.) in the same manner? Hazrat Fatima (a.s.) was certainly angry with Abu Bakr and the gravity of this anger can be judged from what the Prophet (s.a.) himself had said:
“O Fatima (a.s.)! Allah is angry if you are angry and if you are happy Allah will be happy!”
Ref: Asaba, Vol 4, Page 366
It surprises one as to what rule of Shariah was followed when the claim of Hazrat Fatima (a.s.) was turned down. The Prophet (s.a.) had given to her the possession of the land and made the document of Hiba. If the possession was not there, Hazrat Abu Bakr could have said that since she was not in possession of the land the Hiba was incomplete. Since possession is the proof of ownership, the burden of proof was on Abu Bakr to establish that the Hiba was wrong. There was no need for him to ask her to produce witnesses. Could anyone have doubted Hazrat Fatima (a.s.) would tell falsehoods juts to keep possession of the Fadak and make a claim over something that didn’t belong to her. Her truthfulness is a established fact and the certificate is issued by no less a person than Bibi Ayesha:
“I haven’t found anyone other than Fatima (a.s.)’s father more truthful than Fatima.”
Ref: Isteaab, Vol 4, Page 366
When Fatima Zehra (a.s.) presented the witnesses then Abu Bakr said that the evidence was incomplete. The contention was wrong because the Prophet (s.a.) in his time, had decided cases on the basis of the evidence of even a single witness. If Abu Bakr wanted he could have decided in favor of Fatima (a.s.) byt taking an oath from Hazrat Ali (a.s.) that the Prophet (s.a) had given the land at Fadak as Hiba to her. In the books of tradition there are several cases where even the need of a witness was not considered for arriving at a decision considering the personal status of the claimant. In some cases they accepted the evidence of one witness only. When the sons of Sohaib went to the court of Marwan claiming that the Prophet (s.a.) had given two houses and a room to Sohaib,they were asked to produce their witness. They said Ibne Omer will bear witness for them. Ibne Omer was called to the court:
“He witnessed that the Prophet (s.a) had given to Sohaib two houses and a room. Marwan gave a verdict in their favor on the basis of the evidence of Ibne Omer.”
Ref: Sahih Bukhari, Vol 1, Page 357
At that time neither Ibne Omer’s evidence was deemed incomplete nor was there any delay in accepting it. Was Hazrat Ali (a.s.) not even of the status of Ibne Omer that his evidence was not accepted. On Ibne Omer there was a remark that he had owed allegiance to the evil Yazeed. Those who bore witness in the matter of Fadak were known for their nobility and strength of character. Therefore Mamoon Rashid once asked the scholars their opinion about those who bore witness about the Hiba of the land of fadak. All of them said that they were truthful and straightforward:
“When the scholars unanimously agreed about their truthfulness, Mamoon gave Fadak to the progeny of Fatima (a.s.) and gave them a certificate to the effect.”
Ref: Tareeq e Yaqoobi, Vol 3, Page 196
There was no justification of even rejecting the claim of Hazrat Fatima (a.s.) to the inheritance left by her father, the Prophet (s.a.). The tradition that Abu Bakr quoted in support of his claim is quite contrary to the Command of the Holy Quran that says:
“Wa lekulle ja-alna mawali mimma tarak al walidaan wal aqraboon”
“The inheritance that the father, mother and the relatives leave behind We deem you their inheritor.”
When this verse is there, there is no justification in terming the Prophet (s.a.)’s inheritance as Sadaqa and depriving his daughter of the ownership of the land. If it was Sadaqa, then the Prophet (s.a.) would have immediately distributed it to the poor and needy as soon as it came in his possession. Of course, the Prophet (s.a.) used to distribute the produce of the land to the poor and needy. But this doesn’t mean that he had forfeited the ownership of the property. Instead of seeking shelter behind the tradition of laa nauras, if Abu Bakr had said that Fadak wasn’t the personal property of the Prophet (s.a.) and the question of its going as an inheritance to his daughter didn’t arise. But when Abu Bakr accepted it as the property of the Prophet (s.a.), then denying that the Prophets don’t leave any inheritance is not tenable. The right of inheritance given by the Quran cannot be voided by a tradition which, according to Abu Bakr, he was himself the sole narrator!! Abu Bakr was silent about the other material inheritance left by the Prophet (s.a.). If the tradition narrated by Abu Bakr pertained only to the property in the form of land, then he should have evicted the consorts from the houses they inherited from the Prophet (s.a.)! Eviction was a far fetched idea, their ownership of the assets was approved by the Caliph. On the basis of this right to ownership that when permission was sought from Hazrat Ayesha for the interment of Imam Hassan (a.s.) near the Prophet (s.a.), she asserted the right of ownership of the room and refused permission! The Umm al Momineen used these words while denying permission:
“This house is my house and I don’t permit him to be buried in this house!”
Ref: Tareeq Abul Fuda, Vol 2, Page 183
In the Quran when reference is made about the houses concerning the consorts of the Prophet (s.a.) reference is also made about the houses of the Prophet (s.a.) as well. If the reference is pertaining to the ownership of the houses, then two persons cannot be the owner of the same premises. Therefore in one case, that of the spouses, it is the right to live in the house and in the other instance, it the right of ownership of the house that was vested in the Prophet (s.a.) If the right to ownership of the houses by the consorts is accepted, we have to know how they acquired the ownership? Did the Prophet (s.a) make a Hiba in their favor? If they became owners through Hiba, then why didn’t the First Caliph evict them and asked for the examination of the witnesses to the process of Hiba? If such a procedure was not followed, then the Caliph had concoted the tradition about the prophets being prohibited from leaving any inheritance for their families!
If it is a fact that the prophets can’t pass on any inheritance to their next of kin. Then why didn’t he Prophet (s.a.) communicate this commandment to the most concerned person, his daughter and the Consorts. He didn’t talk about it in the open as well. The only person he told about it was hazrat Abu Bakr! It is very surprising that the Prophet (s.a.) has left behind detailed instructions about the inheritance of properties for his Ummat, but he mentioned about his personal inheritance only to the First Caliph!
After the demise of the Prophet (s.a.) his consorts wanted to claim their share of the inheritance. They preferred their claim through Hazrat Othman. Therefore hazrat Ayesha said:
“When the Prophet (s.a.) passed away the wives wanted to send Othman to Abu Bakr and seek their share of the Prophet (s.a.)’s inheritance. Hazrat Ayesha then said, ‘Hasn’t the Prophet (s.a.) said that they (the Prophets) don’t give any inheritance. Whatever we leave behind is a charity.’”
Ref: Sahih Muslim, Vol 2, Page 91
If the consorts had known about this tradition , they would never have tried to seek their share. If Hazrat Othman had known about it, he could have sounded the ladies about their position. But Ayesha tells to the other wives of the Prophet (s.a.) about this order. Perhaps she had heard this from her father. She once said:
“people differed about the inheritance left by the Prophet (s.a.). I found no single person who knew anything about it. But Abu Bakr said, ‘I have heard the Prophet (s.a.) say ‘We, the Prophets, don’t make anyone our inheritor. Whatever we leave behind is a Sadaqa.’’”
Ref: Tareeq al Khulafa, Page 54
If instead of denying the right of inheritance to all the prophets, it was thought of for only the last Prophet (s.a.), it might have been acceptable to people. But when all the prophets have been included in the order, one starts feeling uneasy whether all the successors of the prophets, from Hazrat Adam to Hazrat Eesa were deprived of their fathers’ heritage? And despite all the epochs going by, only Hazrat Abu Bakr was fortunate enough to have learned that the prophets have no inheritors! Contrary to this claim, the Holy Quran has talked in clear terms about the inheritance of the prophets. Therefore about the inheritance left by Hazrat Dawood (a.s.) it says:
“Sulaiman was the inheritor of his father Dawood.”
People have tried to interpret this Verse in a way that the inheritance received by Sulaiman (a.s.) was not material inheritance but it was the inheritance of knowledge and wisdom. They must know that at the time of the demise of his father Hazrat Suleiman had possessed all the knowledge and wisdom and the inheritance mentioned in the Book is the material assets of his father , Hazrat Dawood (a.s.). Ibne Qatiba writes:
“When Dawood (a.s.) died Hazrat Suleiman (a.s) inherited his realm.”
Ref: Akhbaar al Tawaal, Page 20
Mohammed ibne Saeb kalabi says:
“Those good and pedigree horses that were produced before Hazrat Suleiman (a.s.) were the one thousand steeds that Hazrat Suleiman (a.s.) had inherited from his father.”
Ref: Aqd al Fareed, Vol 1, Page 84
Similarly, through Hazrat zakariya (a.s.) it is related in the Holy Quran:
“After me I have fear of my people and my wife too is sterile. O Allah! From your side give me a successor who should receive mine and also the inheritance of Aal e Yaqoob (a.s.)! O Allah make him a popular person!”
Even interpreting this Verse to mean inheritance of knowledge and wisdom is not correct. Knowledge, wisdom and prophethood are not hereditary. If that meaning is taken then the fear expressed by Hazrat zakariya (a.s.) loses its meaning. Did he have a fear that the people would steal his knowledge and occupy it forcibly? Or was he scared that despite not having the capability of prophethoot he was made a prophet? It is evident that such a fear was neither there nor there was any reason of being there. But the fear could have been there that his not having any children, people could have usurped his property and belongings. Hazrat Zakariya didn’t want that his possessions went to his tribesmen because they were greedy and avaricious people and they would use the assets for wrong purposes. Therefore he prayed for such an inheritor who would be liked by Allah and that he should use his assets for good purposes.
After these clear proofs , taking shelter behind the tradition and saying that the prophets don’t have inheritors is tantamount to going agains facts. Against the evidence from the Quran giving credence to a tradition where the narrator is only one person certainly creates doubts about its veracity. The authenticity of this tradition was denied in clear terms by the daughter of the Prophet (s.a.) and his Vicegerent (a.s.). If Hazrat Fatima (a.s.) had accepted this tradition as the saying of the Prophet (s.a.), there was no reason for her to become angry on Hazrat Abu Bakr. To the contrary she would have sympathized with him saying that he was helpless with regard to her claim. And if Hazrat Ali (a.s.) had accepted this tradition, instead of taking sides with Hazrat Fatima (a.s.) he would have asked her to forget her claim. In fact the events prove that even Hazrat Abu Bakr had doubts about the authenticity of the tradition nor the caliphs after him gave any cognizance to it. Therefore in the beginning Hazrat Abu Bakr acknowledge Fatima Zehra (a.s.)’s right to inheritance and even he had written down the document and given to her. But with the intervention of Omer he had to retract his decision. Allama Halabi writes:
“Hazrat Abu Bakr wrote the document about Fadak and gave to Fatima (a.s.). At that moment Omer came and asked what it was. Hazrat Abu Bakr said that he had written down the document about Fatima (a.s.)’s inheritance that came to her from her father. Omer then asked what was he going to spend on the Muslims while the Arabs were raring to battle with them? Saying this Omer tore away that document.”
Ref: Seerat e Halabia, Vol 2, Page 400
If Hazrat Abu Bakr was certain about the authenticity of the tradition, and was confident that the Prophet (s.a.) was not entitled to an inheritor, he wouldn’t have prepared the document in the first instance. When Omer intervened he didn’t cancel the deed because Fatima (a.s.) had no right over the property but for other reasons. If Omer was confident about the tradition he needn’t have mentioned about the monetary needs of the State and could have only insisted on the disqualification of the Prophet (s.a.)’s daughter from the inheritance. Although Omer intervened at that time and tore away the dsocument, his agreement with the tradition narrated by Abu Bakr is not indicated. It is recorded in the books of Ahl al Sunnat to the extent that, in his own time, accepting the right of Fatima (a.s.) to the inheritance, he had entrusted Fadak to Hazrat Ali (a.s.) and Abbas ibne Abd al Mutallib. Therefore Yaqub Hamawi writes:
“A dispute arose between Hazrat Ali (a.s.)and Abbas ibne Abd al Mutallib about Fadak.. Hazrat Ali (a.s.) says that the Prophet (s.a.) had given Fadak to Fatima (a.s.) in his lifetime. Abbas denied this and said that the Prophet (s.a.) died intestate leaving Fadak as his property and that he was its inheritor. This dispute reached Omer. He said that they understood their matters themselves and he had entrusted it (the Fadak) to them!”
Ref: Maujim al Baladaan, Vol 14, Page 239
According to this narration the point of dispute between Hazrat Ali (as.) and Abbas was that whether Fadak was a gifted (Hiba) property or an intestate property (Tarka) of the Prophet (s.a.). Abbas was claiming that since it was a tarka, he had a right over it as a close relation of the Prophet (s.a.). Now a decision was to be made whether the land was a Hiba, Tarka or a property of the Prophet (s.a.) that, according to one opinion, was to remain in public domain. If Hazrat Omer thought that it was a Hiba property he would have handed it over to Hazrat Ali (a.s.). If he thought that it was a Sadaqa, then it would remain as a public property. He allowed it to remain in the joint hands of Ali (a.s.) and Abbas. This proves that he neither considered the land as Hiba nor Sadaqa and since he felt that it was an inherited property he entrusted it to both the persons as they had an interest in it as the inheritors of the deceased.This proves that if Hazrat Omer had given any credence to the tradition of“Laa Nauras”
he wouldn’t have given this decision. In this matter people invent an excuse. They say that Hazrat Omer did not transfer the estate to Hazrat Ali and Abbas. He had just entrusted it to them as the official repreasentatives! If such was the case, he could have clearly told to the persons about his intention while entrusting the property to them.
It is certainly proved from this tradition that Hazrat Omer did accept the right to inheritance and as far as the actual handing over of Fadak was concerned, the coming events don’t support it but it remained as a ‘no-man’s-land’ for long. The men in power allowed its use to whoever they favored in their time! Therefore when Hazrat Othman’s reign came, he gifted it to his son-in-law Marwan in 34 H. The historian Abul Fida writes:
“Hazrat Othman gave the Fadak as a Jagir to Marwan although it was a Sadaqa of the Prophet (s.a.) and Fatima (a.s.) had claimed it as an inheritances.”
Ref: Tareeq Abul Fida,Vol 1, Page 179
When Muawiya ibne Abu Sufian came into power, he took Fadak in his control and left a third of it in the use of Marwan, gave a third to Omer ibne Othman and the remaining portion to his own son Abd al Azeez. When Omer ibne Abd al Azeez got it as an inheritance, he handed it over to the Progeny of Fatima (a.s.). Yaqut Hamawi writes:
“When Omer ibne Abd al Azeez assumed the Caliphate, he wrote to the administrator of Madina ordering that Fadak be returned back to the progeny of Fatima Razi allah Anhu.”
Ref: Maujam al baladaan, Vol 14, Page 239
It is evident from this action of Omer ibne Abd al Azeez that he didn’t give any credence to the tradition of“Laa Nauras”
and termed the decisions of the past caliphs as absolutely wrong. It is a highly commendable act that he recognized the truth.and returned the usurped right of Hazrat Fatima (a.s.) to her children. But after him the same things happened that were happening before him. Yazid ibne Abd al Malik, on succeeding Omer, took back Fadak from Bani Fatima and gave it to Bani Marwan. Till the collapse of the Bani Omayya Dynasty it remained with Bani Marwan. When Abul Abbas Safah acquired power, he gave Fadak to Abd Allah ibne Hassan ibne Hassan ibne Ali. After Safah, Mansoor Dawaneeqi took the land away from the progeny of Hassan (a.s). But Mehdi ibne Mansoor once again gave the land to Bani Fatima. When Moosa ibne Mehdi assumed power he took away the land as a state property. Till the time of Mamoon Rashid it remained a state property. On sitting on the throne in 210 H Mamoon ordered the administrator of Madina, Fatham ibne Jafar:
“The Prophet (s.a.) had gifted Fadak to his daughter Fatima (a.s.). It is such a clear and established fact that there is no difference of opinion between the aal e Rasool (s.a.) about it. Fadak requires from ameer al momineen ( Mamoon) that because of his true dedication to the Prophet (s.a.) it is most appropriate that Fadak be given back to them who are its true inheritors. This way the rights ordained by Allah will be discharged and the orders of the Prophet (s.a.) complied with. Therefore he orders that this decision be recorded in all offices and the functionaries informed accordingly. At the time of the demise of the Prophet (s.a.) it was the practice that during the Haj it used to be announced that whoever was given any Sadaqa or anything was given as a Hiba, he should come and prefer a claim for it. The claims used to be accepted and the promises fulfilled. Then Hazrat Fatima (a.s) was the most deserving of getting the thing that the Prophet (s.a.) had apportioned for her. Her word and claim should have been accepted. Ameer al Momineen (Mamoon) has given written orders to his freed slave,Mubarak Tabari that he should return the estate of Fadak to the progeny of Fatima (a.s.) alongwith the slaves and the grains stored therin.”
Ref: Fatooh al baladaan, Page 40
Therefore, according to the decree of Mamoon, Fadak was handed over to Bani Fatima. When Mutawakkil assumed power, he again withdrew the estate from them. Baladari writes:
“When Mutawakkil became the caliph, he ordered fadak to be restored to its former state that it was before Mamoon.”
Ref: Fatooh al baladaan, Page 41
With the prevaricating stand of different rulers over the ownership of Fadak, it is evident that the tradition narrated by Abu Bakr wasn’t given credence by many of them.A pious and just ruler like Omer ibne Abd al Azeez realized the weak points of the tradition narrated by Abu Bakr and thought that depriving Fatima (as.) of her inheritance was a gross injustice. He did justice, but injustice continued to be inflicted on Bani Fatima for centuries to come!
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Author: MUFTI JAFFER HUSSAIN
