Alhassanain(p) Network for Heritage and Islamic Thought

Part 3: Peacemaking

The Motives Of The Two Parties For Making Peace

Peace Treaty

Prominent Texts In The Peace Treaty

Meeting In Kufa

New Field

Fulfilling The Stipulations

Mu'awiya And The Shi`a Of 'Ali, Peace Be On Him

The Motives Of The Two Parties For Making Peace

No wonder Mu'awiya was the first to ask al-Hasan for making peace.1 So he accepted al-Hasan's conditions to take one thing from him, that was government.

Mu'awiya made this plan of his when the two parties were getting ready to wage war against each other. He paid attention to carry out this plan. more than he paid attention to organizing his armies and managing war affairs. He thought that it was better for him to be the first to ask al-Hasan for making peace with him. If al-Hasan accepted his request, it would be okay; other wise he would force him to do that without meeting him at a battle.

First of all, to pave the way for his purpose, Mu'awiya did his best to create an appropriate atmosphere through drawing the attention of his opponents to recall peace making.

From here Mu'awiya sent his men to pass false rumors through the camps of al-Hasan, peace be on him. He bribed some military commanders. For example, he bribed one of them with one million dirhams, as we have already mentioned when we talked about `Ubayd Allah b. `Abbas. Moreover, he tempted some leaders through making promises such as supreme command, authority over a certain country,and arranging marriages between them and the Umayyad princesses.

Mu'awiya used all his abilities, all his talents, and all his experiences to fulfill this idea. Many of those who sold their consciences, and who showed apparent friendship towards al-Hasan responded to him. So they became Mu'awiya's secret spies, his working fingers, and his hirelings who spared no effort to carry out his aims.

Besides, Mu'awiya used other ways to urge al-Hasan to make peace with him such as sending armies and weapons to the camps, logistic movements, and the like. However, he did not want to be the first to attack Iraq with these armies and weapons. In other words he did not want to meet al-Hasan, peace be on him, at a battle except when all his ways went in vain. Worth mentioning, Mu'awiya's ways were quite different from that of the people and the religion.

It is an act of truthfulness to say: Indeed, in this field, Mu'awiya's ways were well- woven. He was very successful in preparing special atmospheres to make his enemy accept reconciliation.

The commander of the Iraqi front and his close associates sold their consciences to Mu'awiya for false promises.

The two camps in al-Mada'in and Maskan were full of false rumors that filled the soldiers with fear.

Al-Hasan himself was unable to impose his orders on his army because of the false rumors -that passed through them.

He was unable to appear before many of his soldiers because they would kill him. Accordingly, was there a way other than reconciliation?

It was difficult to reform the condition because the people were corrupt during it. So no one is able to blame al-Hasan when the people became corrupt during that time. That is because they were deviated from the truth by nature. Thus even Islam was unable to reform them.

Al-Hasan lost his first battle because of the treason of his soldiers or because of the skillful discords his enemy used. So he had to face his second battle which the treason of the soldiers did not affect, the deviation of their natures did not harm, and the tricks of the enemy and his skillful discords did not increase but steadfastness, influence, and victory in the course of days.

This was the way which al-Hasan used in an excellent manner to exploit Mu'awiya though the latter was very careful of the former.

Al-Hasan responded to Mu'awiya's request for making peace. However, he made him bind himself by conditions which he would break one by one. So if Mu'awiya did that, the people would declare their wrath and protest against him. Thus peacemaking was the beginning of the wrath that has lasted for generations. Also this wrath was the beginning of the revolutions that happened successively to remove that usurping regime from history.

This was the political plan through which al-Hasan accepted making peace with Mu'awiya. Also this was the way through which he exploited Mu'awiya. Accordingly, this plan and this way were among the meanings of the oppressed genius of the oppressed Imam.

Therefore, no one is able to blame al-Hasan, peace be on him, for making peace with Mu'awiya. That is because al-Hasan made peace with him according to a drawn plan.

The critical situation at the camps and the expected results encouraged al-Hasan to make peace with Mu'awiya. For example, this act would reform the community, prevent bloodshed, preserve the holy places, achieve the Islamic viewpoint, and so on.

Those months were not as equal as the ten forgers, but they were full of disasters and hardships as many as the stars. They were a period of time that filled the heart with love and admiration. The manners of the Prophet and the qualities of the truthful Imams appeared during them. They (the months) showed many facts about the people in both sides. During them the best reformatory acts were concluded. On their virtuous end, the interest of the world was connected with the interest of the sky.

Suddenly, al-Hasan b. 'Ali became a great reformer. He embodied the good news his grandfather the Apostle of Allah, may Allah bless him and his family, gave in the tradition which we have mentioned before: "Indeed this (grand) son of mine is a lord, and Allah will make peace between two great groups from the Muslims through him."

Allah, the Exalted, has preserved the high honor of the members of this House in all fields: victory, holy martyrdom in the way of Allah and history, and peacemaking.

Enough for honor is peacemaking. Enough for victory is immortal honor. Immortal honor guarantees the lasting fame. The fame is a continuous motive that develops life and sovereignty.

Now, it is easy for us to understand the motives that urged al-Hasan, peace be on him, to make peace with Mu'awiya.

As for the motives that urged Mu'awiya to ask al-Hasan to make peace with him, they were quite different from those of al-Hasan. They do not indicate that Mu'awiya was unable to fight against al Hasan, nor do they indicate that he had a religious viewpoint concerning reconciliation and preventing bloodshed. So neither peace nor preventing bloodshed were the motives of Mu'awiya. He vas indifferent to them. He wanted to achieve his ambitions through conquering the Muslim countries. The proofs for that are his attacks against Medina, Mecca, and the Yemen. Besides he adopted impudent attitudes at the Battle of Siffin. Therefore the pure opportunist ambitions urged him to make his fable- like history through making peace with al-Hasan.

Al-Hasan abdicated his right to authority before the public opinion. Thus Mu'awiya thought that he would abdicate his right to the succession. According to this idea he thought that he would be the legal successor over the Muslims!2

Government was the sweet dream for which Mu'awiya sacrificed every dear thing. He did not know that Islam refused unlawful ways and did not hand over government to the freed prisoners and their children.

Moreover, we think that Mu'awiya had other motives. Thus he stretched out his hand for reconciliation. Then he took an oath, and underlined the covenants. However, when we consider carefully his other motives, we will understand that the sweet dream (i.e., supreme authority) is the greatest of them all.

The following occasions indicate some of the motives that urged Mu'awiya to make peace with al-Hasan, peace be on him:

1. Mu'awiya thought that al-Hasan, peace be on him, had the right to assume power. So the former had no way to take the reins of government but through making al-Hasan keep silent even if apparently, and he had no way to make him keep silent but through reconciliation.

As for Mu'awiya's idea concerning al-Hasan's right to authority, it is clear in the letter which the former sent to the latter before their movement to fight each other at Maskan. In his letter, he said: "You are worthier of authority than me." Also it is clear in what Mu'awiya said to his son Yazid when he mentioned the members of the House (Ahl al-Bayt), peace be on them: "My son, indeed authority is their right."3 Also it is clear in what Mu'awiya wrote to Ziyad b. Abih when he mentioned al-Hasan, peace be on him: "As for that al-Hasan has gained power over you, he has the right to do that."4

Also we have seen that Mu'awiya asked the religious opinion of al Hasan when he faced difficulties. It is as if that he recognized his Imamate.5

Also Mu'awiya recognized that al-Hasan was "the Lord of Muslims."6 Wouldn't the Lord of Muslims be their Imam?

2. Mu'awiya, in spite of his many obedient men, was very afraid of the results of his fighting against al-Hasan. This can be clearly understood from the words which he said concerning his Iraqi opponents: "By Allah, when I remember their eyes under the armors (al-maghafir) at the Battle of Siffin, my reason become confused."7 Also concerning them, he said: "May Allah make them angry with evil. Their hearts are like the heart of one man."8 So he thought that making peace with al-Hasan would be better than fighting those whose eyes were under the armors (al-maghafir).

3. Mu'awiya was afraid of the social position of al-Hasan, the (grand) son of the Apostle of Allah, may Allah bless him and his family. Also he was afraid of his unique spiritual position in the Islamic faith so that he wanted to avoid these two positions through making peace with him.

Mu'awiya thought that it was possible for Allah to send someone to the Syrian Camp to draw the attention of the people to the true authority of al-Hasan and to their ugly attitude towards him so that they would revolt against him (i.e., Mu'awiya).

While Mu'awiya was advancing against al-Hasan, he remembered the words which al-Nu'man b. Jibllah al-Tanwakhi said to him at the Battle of Siffin. It's worth mentioning that al-Nu'man was among the commanders of the fighting soldiers of Mu'awiya. The former talked openly to the latter in the manner which no Syrian had done before or after him, and mocked at him to the extent that no subject mocked at him. For this reason Mu'awiya thought that the people would someday have the same feelings which the helpless al-Tanwakhi had.

Among the words al-Tanwakhi said to Mu'awiya at the Battle of Siffin are: "By Allah, I was sincere to you. I preferred your authority to my religion. I left right guidance for your desire, while I knew that. I deviated from the truth, while I understood that. I have not been granted success since I fought against the cousin of the Apostle of Allah (i.e., Imam 'Ali), may Allah bless him and his family, who was the first to believe in him, and then emigrated (to Mecca to join) him (there). If we had given him what we have given you, he would have been more kinder (than you) to the people and given (them) more than (you do). However, we have given you the authority, and it is necessary to complete it whether it is right or wrong. Far be it to be right! We will fight for the fig of al-Ghouta and its olives if we are deprived of the fruit of the garden and its rivers."'9

Among the political acts of Mu'awiya was that he prevented the Syrians from knowing the Muslim great figures outside Sham (Syria) lest they should refuse him or mutiny against him. For this reason we do not know how this Syrian man (i.e., al-Nu'man b. Jibllah al Tanwakhi) was able to have knowledge of the cousin of the Apostle of Allah, may Allah bless him and his family, his priority to believe in him, his kindness to the people, his generosity in giving, and his right to authority.

Mu`awiya went on making the Syrians ignorant of the great Muslim figures till the end of his lifetime. This policy of his was the means which he used to gather large groups of people and dispatch them to fight against Imam 'Ali at Siffin, and then to fight against al Hasan at Maskan.

You can easily understand the policy of ignorance when you read the following words which Mu'awiya said, though they indicate his weak character, to `Amr b. al-`As: "By Allah, you want nothing but to disgrace me, for the Syrians thought that there was no one like me till they heard from al-Hasan what they have heard."'10

4. Among the political acts which Mu'awiya used to achieve his selfish ambitions was that he summoned al-Hasan, peace be on him, to make peace with him. In the meantime he summoned many people from Iraq and Sham (Syria) and other Muslim countries to bear witness for that. From this summons he wanted nothing but to pave the way to achieve his future objectives through the war between him and al-Hasan.

There were two possible facets: either Sham (Syria) would be ruled by Kufa or the war would destroy al-Hasan, al Husayn, their family, and their Shi'a (followers). Then Mu'awiya would place the responsibility on al-Hasan himself and said to the people: "Indeed I had summoned al-Hasan to peacemaking. However, al-Hasan refused (everything) except the war. I wanted life for him. However, he wanted death for me. I wanted to prevent blood from shedding. However, he wanted to destroy the people between me and him."

Through this excellent act, Mu'awiya would fulfill his aims. In other words he would destroy the family of Muhammad, may Allah bless him and his family. Meanwhile, he would pretend justice. Moreover, the people whom he summoned to attend peacemaking would confirm his justice.

As for al-Hasan, peace be on him, he was aware of this political plan. Thus he was cleverer and more skillful than his enemy in making use of the conditions and seizing the opportunities to please Allah and to achieve the interests of the Muslims. Accordingly, the critical situations and the evil intentions of Mu'awiya forced him, peace be on him, to accept the idea of making peace with the former.

Al-Hasan intended to destroy Mu'awiya's plans and to prevent him from putting them into effect. Rather he made a wise plan to destroy his opponents in the name of reconciliation. In the chapters that follow, we will mention some explanations appropriate for this subject.

In history there are many stories that indicate that the Syrians had no knowledge of the great figures of Islam. Some of them are: A Syrian asked one of this leaders: "Who is Abu Turab (i.e., Imam 'Ali) whom the Imam (i.e., Mu'awiya) curse on the pulpit?" "I think he is among the thieves of the discords," replied the leader" Also a Syrian asked a friend of his when he heard him mentioning Muhammad: "What do you think of this Muhammad? Is he our Lord?"

When `Abd Allah b. 'Ali conquered Sham (Syria), he sent some Syrian old men from the rich leading people to Abu al-`Abbas al-Saffah. The old men swore by Allah before al-Saff-ah to denote that they did not know that the Apostle of Allah, may Allah bless him and his family, had relatives nor members of a House to inherit him except the banu (sons) of Umayya till you have taken the reins of government." See al-Mas'udi, Muruj al-Dhahab, pp. 107-9.

I (i.e., the author) say: This indicates that all the Umayyad kings followed this policy to make the people ignorant of their great figures, especially the members of the House (Ahl al-Bayt), peace be on them, and to prevent their names from entering Sham. Also this indicates that the Syrians took care of their Islam very much. We think that Sham (Syria) during the Umayyad dynasty was still full of the non- Muslim majority that belonged to Rome and Armenia.

1. This is the right idea which al-Hasan's speech indicates when he asked the advice of his companions in al-Mada'in: "Indeed Mu'awiya has summoned us to an affair in which there is neither dignity nor justice." Other references indicate that, too.

2. In this connection, al-Hasan al-Basri said good words. You will read them in chapter 17, `Mu'awiya and the Succession’. Ahmad (in his book called 'al-Musnad'), Abu Ya`la, al-Tirmidhi, Ibn Hayyan, Abu Dauwwd, and al-Hakim have narrated the following tradition on the authority of the Apostle of Allah, may Allah bless him and his family, who said: "The succession (Khilafa) after me will last for thirty (years), then a king (will come) after that."

Abu Nu'aym (in his book called `al-Fitan'), and al-Bayhaqi (in his book called 'al-Dala'il) have narrated this tradition in this way: "Then a biting king (will come) after that." The Sunni traditionists have regarded the tradition authentic according to their condition. One of them commented on the tradition: "The thirty years after the Apostle of Allah, may Allah bless him and his family, ended when al-Hasan b. 'Ali, peace be on them, became a successor."

Abu Said reported on the authority of `Abd al-Rahman b. Abzi on the authority of `Umar, who said: "This matter is concerning the people (who took part at the Battle of) Badr. No one of them has remained (alive). Then it concerns the people (who took part at the Battle of) Uhud. No one of them has remained (alive). Then it concerns so and so. It (the tradition) does not concern the freed prisoner, nor the son of the freed prisoner, nor those who became Muslim after the Conquest (of Mecca)."

I (i.e., the author) say: As for the pledge of allegiance which Mu'awiya imposed on the people with his known ways, it made the unlawful lawful.

3. Ibn Abu al-Hadid, Sharh Nahj al-Balagha, vol. 4, pp., 4 and 5 and 13 and 74.

4. Ibid.

5. Al-Ya'qubi, Ta'rikh, vol. 2, pp. 201- 2. Ibn Kathir, al-Bidaya wa al Nahaya, vol. 8, p. 40. Al-Majlisi, Biharal-Anwar, vol. 10, p. 98.

6. Ibn Qutayba al-Dinawari, al-Imama wa al-Siyasa, pp. 159- 60.

7. Al-Mas'udi, Hamish b. al-Athir, vol. 6, p. 67.

8. Al-Tabari, Ta'rikh, vol. 6, p. 3.

9. Al-Mas'udi, Hashim b. al-Athir, vol. 5, p. 216.

10. Al-Bayhaqi, al-Mahasin wa al-Masawi', vol. 1, p. 64.

Peace Treaty

A group of the historians such as al-Tabari and Ibn al-Athir has narrated the following: "Indeed Mu'awiya had sent al-Hasan a blank page. In the bottom of the page, there were his stamps." Then Mu'awiya wrote al-Hasan the following: "In this page, whose bottom I have stamped, stipulate whatever you want, for that will be for you."1

Then the historians have not mentioned the tradition thoroughly, for they have not mentioned what al-Hasan, peace be on him, had written on Mu'awiya's page. We have studied the available reference books but we have not found the complete stipulations of al-Hasan, peace be on him, except separated bits. The narrators have admitted that these bits are part of a complete subject. Only one writer has mentioned a text with a beginning and an end. He has said that the text is the complete Peace Treaty. However, other reports have refuted many items of this text. Worth mentioning is that, these reports are better in Asnad (chain of narrators) and more in number than this reference.

To be acquainted with the contents of the Peace Treaty, we have the right to be satisfied, if we wanted satisfaction, with the narration of the Blank Page (al-Sahifa al-Bayda), as the previous narrators did. That is because they have narrated it briefly. Thus they were satisfied with the summing up instead of the details. That is because carrying out reconciliation was according to this rule: "Stipulate whatever you want, for that will be for you." This means that al-Hasan, peace be on him, filled the page, which was stamped in the bottom, with various stipulations which he wanted, namely with the conditions that were useful for him or his family or his Shi'a (followers) or his objectives. So the page had nothing other than these conditions.

If it is impossible, today, for us to know those conditions in details, at least, we know that they were in the interest of al-Hasan. That was a certain result, for al-Hasan, peace be on him, was free to make conditions.

Unfortunately, we have not found what al-Hasan had written on the Blank Page. So it is necessary for us to collect the separated items from various books to give the most correct and most import form of all reports concerning this Treaty. We have divided the form into items and added each phrase to the appropriate item to be nearer to the reality.

The form of the Peace Treaty the two parties signed is as follows:

Item One:

Handing over authority to Mu'awiya provided that he should act according to the Book of Allah, the Sunna (practices) of His Apostle, may Allah bless him and his family,2 and the Sire (behavior) of the righteous Caliphs.3

Item Two:

Authority should be for al-Hasan after him.4 If an accident happened to him, authority should be for his brother al-Husayn.5 Mu'awiya has no right to entrust anybody to it.6

Item Three:

He (Mu`awiya) should abandon cursing the Commander of the faithful and the practice of using the personal prayer (qunut) in the ritual formal prayer (salat) (as prayer) against him,7 and that he should not mention 'Ali except in a good manner.8

Item Four:

He (Mu'awiya) should excluded what is in the treasury of Kufa, that is five million (dirhams). So handing over authority does not include it (i.e., this sum of money). Mu'awiya should send al-Husayn one million dirhams a year, he should prefer the banu (children) of Hashim in giving and gifts to the banu `Abd Shams, and should divide one million (dirhams) among the sons of those who were killed with the Commander of the faithful at the Battle of the Camel and the Battle of Siffin, and should spend that from the taxes of Dar Abjard.9

Item Five:

"The people should be safe wherever they are in the earth of Allah; in Sham (Syria), Iraq, Hijaz, the Yemen, etc. He should give security to the black and the red (ones). He (Mu'awiya) should bear their slips, should not follow some of them for the bygone nor should he punish the Iraqis for their hostility."10

"The companions of 'Ali should be given security wherever they are, that he (Mu'awiya) should not expose the Shi'a of 'Ali to any evil, that the companions and the Shi'a of 'Ali should be given security over their lives, their properties, their women, and their children, nor should he pursue them for a certain thing, nor should he expose them to any evil, and that he should give them their rights.11

"He (i.e., Mu'awiya) should not seek a calamity secretly or openly for al-Hasan b. 'Ali, nor for his brother al-Husayn, nor for anyone from the family of the Apostle of Allah, nor should he frighten them in any country of the countries."12

The End

Ibn Qutayba al-Dinawari said: "Then `Abd Allah b. `Amir (i.e., Mu'awiya's messenger to al-Hasan, peace be on him) wrote to Mu'awiya all the conditions which al-Hasan dictated to him. So Mu'awiya wrote all that with his own writing and stamped them with his own stamp, confirmed them with certain covenants and strong oath, and made all the leaders of the Syrians bear witness for that. Then he handed them (i.e., the conditions) to `Abd Allah b. `Amir to send them to al-Hasan."13

Historians other than b. Qutayba al-Dinawari have mentioned the form of the text which Mu`awiya wrote at the end of the Peace Treaty. In the meantime Mu`awiya made a covenant with Allah to fulfill al Hasan's conditions.

This form is as follows: "Concerning that, Mu'awiya b. Abu Sufyan is obliged to fulfill the covenant of Allah and His promise, what Allah obligated His creatures to fulfill, and what Allah has given of Himself."14

That was in the middle of the month of Jamadi al-UIa, in the year 41 A.H. according to the most authentic reports.

Notes

1. Al-Tabari, Ta'rikh, vol. 6, p. 93. Ibn al-Athir, al-Kamil fi al-Ta'rikh, vol. 3, p. 162.

2. Ibn Abu al-Hadid, Sharh Nahj al-Balagha, vol. 4, p. 6.

3. Ibn `Aqil, al-Nasa'ih al-Kafiya, p. 156. Al-Majfsi, Bihar al-Anwar, vol. 10, p. 115.

4. Al-Sayuf, Ta'rikh al-Khulafa', p. 194. Ibn Kathir, al-Bidaya wa alNahaya, vol. 8, p. 41. Ahmad Shahab al-Din al-`Asqalani, al-Isaba fi Tamiiz al-Sahaba, vol. 2, pp. 12- 13. Ibn Qutayba al-Dinawari, al-Imama wa al-Siyasa, p. 150. Farid Wajdi, Da'irat al-Ma'arif al-Islamiya, vol. 3, p. 443.

5. Ibn al-Muhanna, `Umdat al-Talib, p. 52.

6. Ibn Abu al-Hadid, Sharh Nahj al-Balagha, vol. 4, p. 8

Al-Majlisi, Bihar al-Anwar, vol. 10, p. 115. Ibn al-Sabbagh, al-FusW al Muhimma.

7. Muhsin al-Amin al-`Amili, A'yan al-Shi'a, vol. 4, p. 43.

8. Abu al-Faraj al-Isfahani, Maqatil al-Talibiyyin, p. 26. Ibn Abu al Hadid, Sharh Nahj al-Balagha, vol. 4, p. 15.

Other than these two authors said: "Indeed, al-Hasan asked Mu'awiya not to curse 'Ali. However, Mu'awiya disagreed with him on refraining from cursing him, and agreed with him on that 'Ali should not be cursed while he (i.e., Mu'awiya) hears that." Ibn al-Athir said: "Then Mu'awiya broke that, too."

9. Ibn Qutayba al-Dinawari, al-Imama wa al-Siyasa, p. 200. Al-Tabari, Ta'rikh, vol. 6, p. 92. Ibn Babawayh, `Ilal al-Sharaiya`, p. 81. Ibn Kathir, al-Bidaya wa al-Nihaya, vol. 8, p. 14.

Dar Abjard is a town on the borders of Ahwaz in Persia (Iran).

10. Abu al-Faraj al-Isfahani, Maqata al-Talibiyyin, p. 26. Ibn Abu al Hadid, Sharh Nahj al-Balagha, vol. 4, p. 15. Al-Majlisi, Bihar al-Anwar, vol. 10, pp. 101 and 115. Ibn Qutayba al-Dinawari, al-Imama wa al Siyasa, p. 200. We have quoted each paragraph letter by letter from its source.

11. Al-Tabari, Ta'rikh, vol. 6, p. 97. Ibn al-Aft, al-Kamil fi al-Ta'rikh, vol. 3, p. 166. Abu al-Faraj al-Isfahani, Maqatil al-Talibiyyin, p. 26. Ibn Abu al-Hadid, Sharh Nahj al-Balagha, vol. 4, p. 15. Al-Majlisi, Bihar alAnwir, vol. 10, p. 115. Muhammad b. 'Ali b. Babawayh, 'Ilal al-Sharaiya', p. 81. Muhammad b. 'Aqil, al-Nasa'ih al-Kafiya, p. 115.

12. Al-Majlisi, Bihar al-Anwar, vol. 10, p. 115. Muhammad b. `Aqil, al-Nasa'ih al-Kufiya, p. 156.

13. Ibn Qutayba al-Dinawari, al-Imama wa al-Siyasa, p. 200.

14. Al-Majlisi, Bihar al-Anwar, VOL 10, p. 115.

Prominent Texts In The Peace Treaty

The form of the Peace Treaty, whose objective elements are religiously and politically important, is a new proof for the success which al-Hasan achieved. In the meantime it indicates that he had a high politico- religious viewpoint.

In the light of what has been narrated on the authority of al-Hasan such as arrangements and laws that were the best of the political acts during his time, it is an act of truthfulness to admit that al-Hasan had excellent political abilities. If he had been allowed to put his outstanding political abilities into effect, he would have been the most brilliant Muslim politician. Moreover, deprivation of authority and failure in a certain field due to certain conditions are not proofs for showing weakness or criticism. For there are many undoubtful and unquestionable proofs that indicate that al-Hasan had careful consideration, strong arrangements, and high opinions.

Personal abilities play an important role in the practical field even though they are exposed to deprivation and failure. This great man (i.e., al-Hasan) was full of these abilities. Thus he was able to preserve the life of all the community in present and future times. That is because these abilities helped him, peace be on him, to make a plan with conditions in an excellent manner to face his opponents.

From the eloquence of the Peace Treaty and its five items, you understand that al-Hasan did not treat his matter at random, nor did he deal with it part-by-part or section-by-section. Rather he put an idea with coherent parts and regular dimensions. Also you understand that al-Hasan did his best to find the most practical conditions as precautionary steps to maintain his legal right to authority and to preserve his position and the position of his brother, and to facilitate the affairs of his family.

In the Peace Treaty, al-Hasan asked Mu'awiya to give security to his Shi'a (followers) and the Shi'a of his father. Also he asked him to spend one million dirhams on the orphans who belonged to his Shi'a. With this sum of money, al-Hasan wanted to reward them for their steadfastness with him and their loyalty to his father. He wanted to keep them as trustees for his doctrine and as loyal supporters to strengthen his position and the position of his brother on the day when the situation would return to normal.

Through the Peace Treaty, al-Hasan handed authority to Mu'awiya provided that the latter should act according to the Book of Allah, the Sunna (practices) of the Prophet, may Allah bless him and his family, and the Sira (practices) of the Orthodox Caliphs. In this way, al-Hasan was able to reduce the authority of his enemy. In other words he reduced the violations of his enemy through the foregoing conditions. That is because the violations of Mu'awiya cannot be counted and were severe in punishment. This indicates that al-Hasan was the most knowledgeable of all people in Mu'awiya and his moral abilities towards these conditions.

Moreover, the Peace Treaty was the document which the two parties (i.e., al-Hasan and Mu'awiya) signed to conform to the conditions where in. Accordingly, the Peace Treaty was at most the matter of limited material things which one of the two parties (i.e., Mu'awiya) wanted to get. In the meantime it was the matter of limitless spiritual things which the second party (i.e., al-Hasan) obtained.

Through his reconciliation with al-Hasan, peace be on him, Mu'awiya did not intend to get anything but to take the reins of government. However, when al-Hasan handed over authority to Mu'awiya, he intended to safeguard his doctrine from distortion and his Shi'a from destruction, and to underline that the usurped right (to authority) should be returned on the day when Mu'awiya would die.

It is an act of correctness that we do not understand the meaning of the Peace Treaty but through this facet.

To understand clearly the aims of the two parties, we have to analyze their words on the day when they made peace with each other.

1. The Declarations of the two Parties

It is enough for us to mention the words which Mu'awiya said concerning the Peace Treaty with al-Hasan, peace be on him. Many historians have narrated these words on his authority. Among them is b. Kathir, who has reported these words of Mu'awiya: "We are satisfied with it (i.e., the Peace Treaty) (to take the reins of) government.1

When Mu'awiya exchanged letters with al-Hasan to pave the way to the Peace Treaty, he said: "It is for you that you are not ruled with wrong, the affairs are not executed without you, and you are not disobeyed in any affair."2

It is enough for us to mention the declarations which al-Hasan said to make his Shi'a understand the backgrounds of his reconciliation with Mu'awiya: "You do not know what I have done. By Allah, what I have done for my Shi'a is better than what the sun rises over." Also what he said one day to Bashir al-Hamadani who was among the chiefs of his Shi'a in Kufa: "With my reconciliation I wanted nothing but to drive killing away from you.3 Also what he said in his speech after peacemaking: "Men, Allah has guided you (to belief) with the foremost one of us, and prevented your blood from shedding with the last one of us. I have made peace with Mu'awiya while I know that it may be a tribulation and a provision till a time."4

These declarations and the many ones similar to them, whether they belonged to al- Hasan, peace be on him, or to Mu'awiya help us understand the document signed by the two parties. The two parties intended to achieve the aims which we have already mentioned: Mu'awiya intended to achieve his ambition through assuming power, while al-Hasan made a plan to save his Shi'a from killing, to preserve

his religious doctrines that were better than what the sun rose over, and to make peace with Mu'awiya for a fixed time.

Now, there is no wonder when we mention the truth as it is and refer to the deviation (from the truth) of many historians who distorted the aims of the two parties and misunderstood their words. You may find that the Peace Treaty itself and the declarations of the two parties have never mentioned a pledge of allegiance, nor Imamate, nor caliphate (succession). So why have some historians claimed that? For example, b. Qutayba al-Dinawari said that al-Hasan pledged allegiance to Mu'awiya for the Imamate.

Before we discuss this matter or those who believe in it, it is better for us to shed light upon the Islamic caliphate which was attributed to Mu'awiya b. Abu Sufyan and the Islamic Law that prevented the people from pledging allegiance to those who were like him. In this connection, we say:

Mu'awiya and the Succession

We have already mentioned that the succession in Islam after the Apostle of Allah, may Allah bless him and his family, should be for those who were similar to him in all his outstanding qualities and that neither the freed prisoner, nor his son, nor those who became Muslims after the Conquest of Mecca had the right to succeed the Prophet as `Umar b. al-Khattab said. Also we have previously said that the caliphate (succession) after the Prophet, may Allah bless him and his family, would last for thirty years, and then a biting king would take it. (The Sunnis have a corrected tradition).

We have also said that the Imamate was concluded through the textual nomination (as the Shi'a and the Mu'tazilites believe) and that the victory and force made the unlawful thing lawful. Therefore it is not correct to take the Caliphate by force. Also it is not correct to impose it on the Muslims by force.

Besides the person who succeeded the Prophet, may Allah bless him and his family, had no right to oppose his (the Prophet's) rules openly and secretly, while Mu'awiya had violated them openly and secretly when he committed ugly deeds such as adding the adulterer to his lineage, performing Friday prayer on Wednesday, and breaking the pledge he made with Allah.

Moreover, from the time of Mu'awiya till this time, the learned people in the Islamic community have not regarded Mu'awiya's authority over the Muslims as succession, in the full sense of the word. They have not regarded him as successor after the Apostle of Allah, may Allah bless him and his family. Noteworthy the Umayyad nominal successors and their followers volunteered to propagate that for one thousand months. That was the period of their dynasty in Islam. During this period of time, they spent bribes generously, and fabricated traditions and stories according to their plans and desires. Still Mu'awiya was a mere worldly king and nominal caliph.

After Mu'awiya had taken the reins of government, Sa'd b. Abu Waqqas came to him and said: "oh King, as- salamu `alayka!" Mu'awiya smiled at him and said: "Abu Ishaq, what prevent you from saying: `Commander of the faithful’?" Sa'd said: "Do you say this cheerfully? By Allah, I dislike to call you the Commander of the faithful as I called him (i.e., 'Ali) with it."5

In a long speech, b. `Abbas said to Abu Musa al Ash'ari: "Mu'awiya has no quality to be a successor."6

To oppose Mu'awiya's succession, Abu Hurayra has narrated the following on the authority of the Apostle of Allah, may Allah bless him and his family, "The successor (Khilafa) is in Medina and the king is in Syria (Sham)."7

Ibn Abu Shayba has narrated: "Sufayna, the servant of the Apostle of Allah (may Allah bless him and his family), was asked about the worthiness of the banu (sons) of `Umayya of the succession (Khilafa), so he said: `The banu of al-Zarqa' (i.e., the Umayyads) have told lies.

Rather they are kings from the evil kings. Mu'awiya is the first of them.'"8

`A'isha was astonished to hear that Mu'awiya claimed that he was the successor (Khalifa). He heard of that, so he said: "How wonderful! `A'isha claims that I am inappropriate for the Caliphate. May Allah forgive her. Why does she oppose that?"9

Abu Bakra (Ziyad's half brother, on his mother's side) attended the meeting of Mu'awiya. The latter said to him: "Abu Bakra, tell us." Abu Bakra (as b. Sa'd narrated) said: "I heard the Apostle of Allah, may Allah bless him and his family saying: `The succession (Khilafa) will (last for) thirty (years), then the king (will come).'" `Abd al-Rahman b. Abu Bakra said: "I was with my father, so Mu'awiya ordered us to be pushed in the back till we were taken out."10

Mu'awiya asked Sa'sa'a b. Sawhan al-`Abdi: "Which of the caliphs do you regard me?"

Sa'sa'a said: "What do you think of the caliph who have ruled the people by force, subjugated them with haughtiness, and assumed power through false ways (such as) telling lies and cunning? Indeed, by Allah, you had neither a sword nor a spear at (the Battle of) Badr. You and your father were in the war and the trade. You were from those who provoked (the people) against the Apostle of Allah, may Allah bless him and his family. Indeed, you are a freed prisoner and the son of a freed prisoner. The Apostle of Allah, may Allah bless him and his family, released you. So is the succession to authority appropriate for the freed prisoner?"11

Al-Mughira b. Shu'ba came to Mu'awiya, then he left him and said to his son: "I have come from the most evil of all people."12

Mu'awiya's governor Samra cursed him on the day when he removed him from the authority of Basrah. He (Samra) said: "My Allah curse Mu'awiya, by Allah, if I had obeyed Allah as I obeyed him (Mu'awiya), He (Allah) would have never tortured me."13

Al-Hasan al-Basri said: "Mu'awiya had four qualities. If he had only one of them, it would have been a grave sin: he controlled this community with the foolish, so he assumed power without asking its advise, while among it was the rest of the Companions (of the Prophet) and the virtuous. He appointed his son as successor, while he was drunkard, wore silk, played on the mandolins. He claimed that Ziyad was (his brother), while the Apostle of Allah, may Allah bless him and his family, said: "The child is for bed and the prostitute is stoned."'14 Moreover, he killed Hujr, woe unto him from Hujr and the Companions of Hujr!"

After the Peace Treaty, the Mu'tazilites refused to pledge allegiance to Mu'awiya. They isolated themselves from both al-Hasan and Mu'awiya. For this reason they called themselves the Mu'tazilites.15

Then the days of Mu'awiya passed, so the jurists of the Four Schools have regarded him as an example of the oppressive ruler.16

Also he became the aggressor against whom fighting was obligatory according to the idea of Abu Hanifa al-Nu'man b. Thabit.17

So I (i.e., the author) wonder: where is the succession (Khilafa)?

Al-Mu'tazid al-`Abbasi came (to power). He propagated again the deeds of Mu'awiya, his great disasters, what was said concerning him, and what was narrated regarding him. He summoned the Muslims to curse him through the royal decree which was announced to the people in the year 284 A.H.18

Having mentioned the succession of al-Hasan b. 'Ali, peace be on them, al-Ghazali said: "The Caliphate reached the people who assumed it without worthiness.19

The most wonderful words said concerning Mu'awiya in the sixth century A.H., were those of the chief of Basrah: "Mu'awiya was like the false dirham."20

Ibn Kathir declared that Mu'awiya was not the successor according to the previous tradition (of the Prophet): "We have already mentioned that the succession after him (i.e., the Prophets peace be on him, would (last) for thirty years, then a king (would come). Surely, the thirty years were over in (the beginning) of the succession of al Hasan b. 'Ali, so the days of Mu'awiya were the beginning (of the authority) of the king."21

After al-Dimyari (died 808 A.H.) had mentioned the period of the succession of al-Hasan, peace be on him, he said: "It (i.e., the period of the succession of al-Hasan) was the end of what the Apostle of Allah, may Allah bless him and his family, said concerning the period of the succession, then it (the Caliphate) would be (assumed by) a biting king, then it would be tyranny and corruption in the earth, that occurred as the Apostle of Allah, may Allah bless him and his. family, said."22

At last, Muhammad b. `Aqil wrote his valuable book `al-Nasa'ih al-Kafiya liman yatawalld Mu'awiya.' Indeed, the book is the decisive idea concerning the matter of Mu'awiya. The book was printed twice. Please, see the book.

The Islamic Law refuses such a kind of succession. Mu'awiya clearly disobeyed the Prophet, may Allah bless him and his family. The learned people blamed him for that. Therefore we think that there is no need to go on discussing the subject: Mu'awiya and the Succession.

Like the other Muslim leaders, al-Hasan himself, after he had handed over the authority to Mu'awiya, was clear in denying Mu'awiya's succession. In his speech on the day when he held a meeting in Kufa, al-Hasan said: "Mu'awiya has claimed that I have seen him worthy of the succession, and I have not seen myself worthy of it. Mu'awiya has told lies. We are the worthiest of all people of the Book of Allah, the Great and Almighty, as His Apostle said." (We will mention his speech in chapter 18.)

In another speech, after the Peace Treaty, al-Hasan said in the presence of Mu'awiya: "The caliph is not he who believes in oppression, stops the laws, and regards the life in this world as father and mother. However, that is a king who obtains supreme authority to enjoy it, hastens towards its pleasure, and pays no attention to its final consequence. So he is as Allah, the Great and Almighty, said: `And I do not know of this may be a trial for you and a provision till a time.' "23