Alhassanain(p) Network for Heritage and Islamic Thought

Guide to writing an Islamic Will

The following booklet has been published by:

The Federation of Khoja Shia Ithna Asheri Jamaat of Africa

PO Box 3739 - 00506

Nairobi, Kenya

Tel: (254 2) 651044, 651046

Fax: (254 2) 651048

Email: federation@saamnet.com

http://www.africafederation.org

April 2003, Nairobi, Kenya

Table of Contents

Introductory note 4

Making an Islamic Will 5

1. Importance of Making an Islamic Will 5

2. The One-Third Option. 7

3. What is an "Estate "? 9

4. Who can inherit? 10

5. Basic Shares of the Most Common Heirs 12

(a) Will a female child gets half of a male child's share? 12

(b) Wife's Share: 12

6. Wife’s Share 13

7. Executor or Executrix. 14

8. Guardian of Children. 16

9. Updating your Will 17

10. Some Legal Matters 18

Glossary. 19

Sample of an Islamic Will 20

Codicils I, II and III are part of this Will. 24

Codicil I 24

List of all my Property/Assets 24

Codicil II 25

List of Debts and Property of other to whom I have to pay/return. 25

Codicil III 26

List of Debts and Property that belong to me and I have to collect 26

Notes 28

Introductory note

It is highly recommended as perceived from the sayings of the Holy Prophet (S.A.W.) to write a Will.

To avoid the common pitfalls and prevalent problems when persons die instate, we have taken this initiative to prepare this booklet. It contains guidelines on making an Islamic Will as well as a sample Will. If you fill this tailor made Will it would become a legal and binding document.

The Africa Federation embarked on this task of preparing the guidelines and a sample will from which the members of the community can benefit. The following booklet was compiled from various sources and edited to meet the present needs. It is by no means a complete document and only serves as a guideline to make a Will that is both Islamically and legally acceptable. In short it explains certain aspects to be considered when making a Will and elaborates the parts of an Islamic Will and how to make one.

We would like to acknowledge the following sources where we extracted information from: GCG booklet on how to make a Will, Sayyid Muhammad Rizvi’s Making an Islamic Will (1994) and the World Federation Sample Will.

We would like to add that there may be assets you own or debts you owe, which nobody knows about. If you have them listed in this secret document to be opened after your demise, at least the assets will not go to waste and your debts will be cleared.

Many orphans and widows have had to endure hardships and resort to legal wrangles lasting a long time until the estate of their deceased is sorted. If the Will clearly stipulates all your wishes then there would no room for any infighting.

You have the choice of using one third of your estate as per your wishes and do not miss on this chance to earn salvation for the hereafter by using this option to do the best charity. Their might be some activities you have wished to undertake all along, this is the chance to get them fulfilled by allocating valuable resources for it to become a reality.

We strongly believe you have benefited and been a proud member of our community. Now it is the turn of the community to gain from you out of the one third. Perhaps you could name your local Jamaat or Regional Federation or a charity of the community as a beneficiary; and leave behind a legacy from which many will benefit perpetually and you shall be remembered with fond memories and be an example to emulate for others.

We humbly suggest that you give this document the seriousness it deserves and do not put your Will on hold any further. Please read it carefully and fill it today. No one knows when death comes.

With Salaams and Duas,

Zulfikar H Khimji

April 2003

Making an Islamic Will

1. Importance of Making an Islamic Will

The timing of death is uncertain, but death itself is certain. Most people believe that their possessions will automatically pass on to their immediate spouse/children/family with no complications and everyone will receive what the deceased wanted them to. The fact is, unless you have made a Will, there is no guarantee that this is always the case. Yet, most people die without making one. Even if you have no family, it is important that you make a Will so that what you own will pass to whomever you wish. You will no doubt want to be sure that when you die, your property and affairs be dealt with in accordance with your wishes and in an efficient manner.

If you die without making a Will, the government appoints an executor who will divide the estate among the heirs, as he/she seems fit. This could mean that some of your dependants may be deprived of essential financial security and possessions of particular sentimental value. The pay of the executor for this job will come out of your estate, and the government bureaucracy takes its time in getting things done.

Secondly, from the Shariah point of view, your heirs may get more or less than the shares specified for them in Islam. By not writing a Will, you are leaving the door open for a non-Islamic authority to distribute your estate according to its own views. So not having a Will is costly as well as problematic from both the State and the Islamic points of view.

If you have no living relatives and have not made a Will leaving your estate, say to a friend, a favourite charity or other organization, then the State could receive everything on your death.

By making a Will, you can be sure that your estate is passed to the named beneficiary/ies in the most tax-efficient way. If the country you live in imposes inheritance tax, the may also take positive steps now to limit your estate's liability to inheritance tax by making gifts, taking out life assurance cover or by setting up a trust, which makes specific provision for your family. To help achieve this, it is important that you should make a Will and, having written it, check it regularly to make sure that it always is still up to date. Times change, families grow and yesterday's Will may not be right for today.

If any of the following apply to you, it may be advisable to seek specialist advice when writing your Will:

• If you live, or own property or assets anywhere in the world.

• If you own a business.

• If you have previously been married and/or have children from a previous marriage or relationship.

Our Holy Prophet Mohamed (S.A.W.) said:

“It is not proper for a Muslim to pass two nights except that his/her (last) Will and Testament is near his/her pillow.”

“One who goes from this world after making a good Will dies the death of a martyr.”

“A person who without making a Will, dies the death of a pagan.”

Although according to Islamic law a Will need not necessarily be in writing or in any particular form of verbal declaration to constitute a WASIYYAT, the present day world requirements and laws of the land makes it obligatory upon a person to prepare a Will inwriting to ensure speedy disposal of wealth, to avoid unforeseen hardships to the family members and to alleviate unnecessary problems for the administrators.

If a Will is not made in writing, then:

The foremost problem arises as to who will administer and distribute the estate and usually the nearest relative or friend takes over.

The administrators (Executors, Trustees) of deceased's estate cannot easily obtain PROBATE (Power to distribute the wealth) from a Court of Law, as it is time consuming, and in some countries like Kenya, in order to obtain Grant of Letter of Administration, two SURETIES would be required, each one having to give SURETY amounting to twice the value of the deceased's gross estate. It is obviously difficult to get such sureties, and going to a bank for surety would entail unnecessary expenses.

Pending the receipt of Probate, the Bank account of the Deceased would be frozen and the beneficiaries would not be in a position to draw from the Bank for the Household maintenance, unless there is a joint account and either party is surviving. However, one can always obtain an interim or limited grant for specific purpose, say to operate a business or bank account etc, with a view to preserving the deceased's estate pending full grant.

There is a likelihood that certain acts for example Hajj, prayers and fasts for so many days missed by the deceased during his lifetime, would remain unperformed; and certain wishes of the deceased would remain unfulfilled.

In case no one is willing to become a Trustee, the government (Public Trustee Department) will take over the administration. Again this would result in delay and would entail expenses.

So, although the law (the State as well as Islamic) does not say that making of the Will is a must; but by looking at the consequences of not having a Will, it is necessary – both from legal as well from Islamic aspects, to have one and avoid misuse of ones estate after death.

Every man and woman should make a Will. The conditions regarding the capacity of the testator making a Will are dependent upon the laws of the country in which the testator lives, and subject to such requirements, which may have an overriding effect.

2. The One-Third Option

After a person dies, there are certain possible relationships between him and his estate. These are:

he has full control over it through a Will

he has partial control over it through a Will

he has absolutely no control over it

Islam has taken the middle position. It says that when a person dies, he still retains the right to decide about up to one-third of his entire estate. But as far as the two-thirds are concerned, the deceased person loses the right to dispose according to his wish. The two-thirds must be divided according to the shares specified by the Shariah. (Most of these shares have been specified in the Holy Qur'an itself.) This law is part of the overall system, which Islam has introduced for the distribution of wealth in society.

The right of disposing the one-third according to your own wish can be exercised only by making a Will. You can do whatever you like with the one-third: give to a family member, a relative, a friend, a charitable cause or organization, etc. For example, you can use the 1/3 or a part of it to make – if you like – the shares of your wife or your daughter equal to those of your other children.

When the Holy Qur'an talks about Wasiyyah, which is normally translated as "Will", it refers to the Will covering mainly the one-third only. For example, it says:

0 you who believe! It is prescribed upon you that when death approaches one of you – If he leaves behind plenty – then he should make a Will (Wasiyyah) for his parents and near relatives in the one-third. This is a duty upon the pious people. (2:177)

Writing more than one-third to a person or a cause means depriving the potential heirs of their rightful share in the estate; and, therefore, it is considered unjust and wrong. The Holy Qur'an says, if a person fears that the testator is [wrongfully] inclined [to one party] or is sinning [by depriving the rightful heir in the Will, and so that person intervenes between the testator and the potential heirs] and makes peace between them—then there is no sin on him. All… is Forgiving, Merciful. (2:182) What has been described in this verse as wrongfully "inclining to one party" and "sinning by depriving the rightful heir" is related to the two-thirds of the estate.

The one-third will be assessed after taking those expenditures, which are incumbent upon the whole estate, like funeral expenses, and the legal or religious debts.

Monetary obligations (Religious or Legal) are to be deducted out of the whole estate whether the testator made a Will or not. Some examples are: debts owed by him, property sold by him but not delivered to the buyer, the price of articles purchased by him but not paid for. Sureties and guarantees if necessary to be made up, fines, taxes, death duties, Khums, Hajj, Zakat, Raddul-Madhalim, monetary retributions as those of Kaffarra of Ihram and Saum, monetary Nazr like Nazr of Sadka, etc. When all monetary obligations of the estate of the deceased are deducted, then the one-third of the remaining property will be the subject of the Will. (The testator can, however, specify that certain monetary obligations be paid out of the one-third instead of the whole estate).

Since the testator has got the right to dispose of the one-third of the net estate, he can bequest the same in accordance with his own personal wishes.

In order to prepare a ‘Good Will’ (according to Ahadith), it is highly recommended to bear in mind the following Mustahabat while making bequest:

Bequest made for feeding poor and incapacitated people;

Bequest made in favour of relatives, for example children of one’s own deceased son or daughter;

Bequest made in favour of other poor or incapacitated relatives;

Bequest made in favour of one’s own parents;

Bequest made for the maintenance of religion.

One could also make a bequest for Sadaqate Jariyah that is having perpetual benefits, for example, donating to hospitals, schools, mosques, building of wells, and the like.

Other ideas for the distribution of the one-third

Families usually have family trusts. In order to keep the perpetuity of the main objectives of the trust created the trust could be in the name of the Jamaat or the Regional Federation, or in the joint names of the family and the Regional Federation, so that the trust is maintained and used for what it was originally planned for. The other issues is that the Jamaat can claim the trust because it is an institution whereas the family members may not always be able to do that, especially if they don’t live in the country in which the property is.

1/3 of the property can also be bequeathed to the Jamaat to which one belongs. You could even take out a life assurance in the name of the Jamaat like one would take out in the name of the family.  You can also take out education policies in the name of the Jamaat and/or in the name of your children.

For men, in today’s situation you could also give 1/3rd to your wife, to increase her share of inheritance.

3. What is an "Estate "?

An "estate" is the collective name for everything that you own. The estate consists of the followings:

all properties, goods and investments that are in your name.

half or the specified portion of the goods and investments in which you are a co-owner.

The first type of property is very straightforward—the entire estate will be divided according to the will and the specified shares of the heirs.

But there are certain cases in the second type which need explanation:

Joint Account: According to laws of some countries, with death of one spouse, the money becomes the property of the surviving spouse. Such a transfer of money is not valid in Islam: Islamically, half of the money in that account belongs to the surviving spouse and the other half will become part of the deceased's estate.

House: House are normally in the name of the couple. Such ownership can be of two types' common ownership and tenants in common. "Tenants in common" is also without any problem because when one spouse dies, his/her share becomes part of the estate.

But in "common ownership", there is a problem because with the death of one spouse, according to laws of some countries, the entire property becomes that of the surviving spouse. This is contrary to Islamic laws, which says that the surviving spouse gets his or her 50% and the remaining 50% becomes part of the estate of the deceased.

We will talk more about this below.

4. Who can inherit?

After disbursing the one-third according to your Will, your remaining estate is to be divided among the heirs mentioned in the Holy Qur'an: the surviving spouse and blood relatives.

No one can prevent the spouse from inheriting his or her specified share from the estate of the deceased spouse.

As for theblood relatives, there are of different degrees.

First degree:                       your parents & children

Second degree:       your grandparents & siblings

Third degree:          both your maternal and paternal uncles & aunts and their children

The right of inheritance by virtue of matrimony appertains to the

individual heirs under all circumstances. A husband or wife is never excluded from inheritance. A widow or widower is entitled to the specific share before the estate is divided amongst the heirs succeeding by virtue of blood relation (Nasab).

It is very important to note that the laws of the country in which the Testator is domiciled, may have an overriding effect on the Shia Inheritance Law, and upon such matter as classification of heirs, unless and until that country also gives recognition to the Shia Inheritance Law.

Whilst devising a Will it should be borne in mind that the Testator has got a right to disposeonly one-third of his estate according to his own wishes. The remainingtwo-thirds must be distributed to the heirs in accordance with the laid down rules of the Shariah. The Shariah is very clear in this matter and has laid down specific shares and proportions for distribution to each class/es and group/s as applicable. For the classes and groups, see the diagram above. 

5. Basic Shares of the Most Common Heirs

What you see below are the basic shares of your most common heirs. In these examples, you have been considered as the deceased and the relatives mentioned here are your heirs.

* In presence of a parent (or a grandparent) or a child (or a grandchild), the brother of the deceased does not get anything. However, he affects the share of the mother: instead of 1 /3, it becomes 1/6.

(a) Will a female child gets half of a male child's share?

It is not a male versus female issue; it is not a sexist issue. If it were a sexist issue than why do we have cases in inheritance where females get the same percentage as their male counterparts. For example:

if daughter is the only heir from the first group, then she inherits 100% and she excludes her grandparents and her uncles.

a mother in most cases gets 1/6, the same share as that of a father.

So, why is there difference? The difference in inheritance is based on economic responsibilities: those who have been given greater burden of responsibility have been given greater share in inheritance. Rights are tied to responsibilities. The son gets a larger share because he has his family to take care of, while the daughter is taken care of by her husband.

Another example of the inter-relation between responsibility and rights is the case of the mother: if parents are the only heirs and the mother has no other sons to take care of her, then her share increases from 1/6 to 1/3.

Objection: What if the daughter's family is not rich or that she is a minor? Answer: The one-third option has made the Shariah laws quite flexible. If you think that your daughter needs extra help, then you can give up to the one-third of your estate to her:

(b) Wife's Share:

The wife's share is 1/4 if the husband was childless or 1/8 if he had a child. This is basically because of two reasons: it is possible for a woman to marry again; and, if she has grown up children, then they are responsible for her maintenance.

However, even in this case, the one-third rule makes the Shariah very flexible. Look at the following example:

6. Wife’s Share

Since the share of the wife is somewhat complicated, it is necessary to explain a few points separately:

Firstly, as the definition of the "estate" shows, a house jointly-owned by a couple is divided – according to the Shariah – into two: half becomes part of the estate of the deceased, and the other half was from before the property of the surviving spouse.

Secondly, according to the Shariah, the wife is not entitled to inherit land of her husband (whether an agriculture land or a residential plot): she only inherits the house on the land according to her proportional shares in inheritance. In common ownership case, the wife is the owner of 50% of the house and the land; the other 50% becomes part of her husband's estate from which she will inherit only 6.25% of the house.

So in the end, the wife becomes the owner of 56.25% of the house and 50% of the land. This creates practical problems in some parts of the world: a house cannot be divided; if other heirs insist on their share in the house, then it has to be sold and the price divided accordingly; it is also difficult to assess the value of the land separate from the house, etc.

Therefore, the following is suggested:

Either give the house to your wife during your life-time.'

Or, if the value of the 50% of the house plus the land is within the one-third of your entire estate, then write the entire house to your wife in your Will. In this way, half of the house plus the land is her property from before and the other half will go to her on strength of the 1/3 option in your Will. In theory, it will work out like this:

50% of the land and house belongs to your wife.

6.25% of the house is your wife's share of inheritance.

50% of the land + 43.75% of the house goes to her by using the 1/3 option.

Or, if the value of the 50% of the land is more than the one-third of your estate, then discuss it with your other heirs (parents and children) and ask for their consent to write the entire house for your wife in the Will. If they give the consent (which is irrevocable), then you can write the house to your wife in the Will even if it is more than her proportional share of inheritance.

7. Executor or Executrix

It is a normal practice to appoint your spouse or another family member as the executor of your Will. There is nothing wrong with this. The only conditions which are necessary for an executor/executrix is he or she should be Baligh, sane, and a Muslim. It is not necessary for him/her to be 'adil; Trustworthiness would be a sufficient quality for an Executor.

If you accept to be an Executor for someone's Will, then it becomes Wajib for you to fulfil your duty. You can only reject this responsibility while the testator is alive; but if the Testator dies before such rejection, or without the information having reached him, the retraction is null and void, and it is incumbent upon the Executor to assume the responsibility. An Executor cannot reject this role after his/her death.

Appointment of Executors (administrators, trustees)

A person has a right to appoint an Executor/s of his own choice. He has the power to confide the execution of his last wishes to whomsoever he likes, subject to the following restrictions:

Executor (Wasi) must be an adult. But, if a minor is made an Executor together with an adult on the condition that the minor's rights and duties would commence after his-attaining adulthood (Bulugh) the appointment is valid.

A woman can be appointed as an Executor. An heir or even a blind person can also be appointed as one.

The Executor must be sane (of sound mind).

The Executor should be a Muslim. If he renounces Islam, the executorship will lapse and he cannot be reappointed as an Executor even after he has re-embraced Islam.

The Executor must be trustworthy, though not necessarily ‘adil (i.e. of approved probity according to Shariah).

Note that:

An Executor may apportion reasonable normal remuneration for his services. But, when there is an express implied signs that services be honorary, this Executor must perform his duties without remuneration, provided he had accepted the nomination.

An Executor cannot appoint his own successor or cannot entrust the management of the testator's property to his own Executor or to any other person unless the testator had authorized him to do so.

It is advisable, therefore, to make a provision in the Will givingpower to the Executor/s to nominate successor/s and to enlist assistance from others for the smooth management of the affairs of the estate.

Why appoint an Executor?

Ensuring that your estate is distributed in the way laid down in your Will is the duty of an Executor. Executors are responsible for dealing with the affairs of someone who has died, in accordance with the terms of the Will. They will collect all the assets, settle all debts and liabilities, and distribute what is left to the beneficiaries.

When choosing your Executor(s), you should consider people you know, trust and who you believe will be willing and capable of accepting the responsibility when the time comes.

You can appoint anyone you wish to take this responsibility and many people chose a relative or a close friend, however there are disadvantages in doing this. The person appointed may die before you, or may be a beneficiary under your Will, which can lead to awkward situations with other beneficiaries. Some of the tasks involved in administering an estate can be onerous, time consuming and often need legal and taxation expertise. For some Executors, this may be a worrying prospect.  The appointment of a professional specialist Executor with the necessary skills and expertise to act with integrity and impartiality will remove all these worries.

Nobody likes to contemplate the effect their death will have on their family and friends. Yet, at a time of personal sorrow, perhaps the heaviest burden one can leave behind is the administration of one's estate.

8. Guardian of Children

It is very important to write in your Will about the guardian and custodian of your children. Under normal circumstances, the surviving spouse is made the guardian, and this is indeed, the best decision.

It is important to note here, for the sake of record, the conditions, which must be found in the guardian of your children. The guardian must be a Muslim, sane, and trustworthy. Those who have the right of custody of children (in order of preference) are: father, mother; paternal grandfather; and then anyone specifically appointed as the guardian of the children. However, the duty of maintenance for the children falls upon the following (in order of preference):  father; paternal grandfather; mother; other grandparents collectively.

The last person in this list of custodians can be from outside the family, but one must be very careful in selecting such a person. The most important condition is that he/she besides being trustworthy must also be a Muslim who will raise the children according to the teachings of Islam.

9. Updating your Will

Having made a Will it is important to ensure that it continues to meet your requirements over time. If your circumstances change you may need to amend the terms of your Will to reflect the new position. This is a common situation and you should view your Will as something that can be easily revised at any time.

Equally important to making a Will is that you review it regularly to make sure that it reflects any changes in your circumstances or in the names of those you would like to benefit.

Changes in financial or marital status, or a wish to include new family members, are things that could lead to a need to change your Will. During the review, you could also take into consideration any new legislation, which may help reduce your inheritance tax liability.

10. Some Legal Matters

For a written Will to be recognised in the Court of Law, must be:

dated,

hand written or typed,

signed by the testator, and

attested bytwo witnesses.

The testator must sign the Will in presence of the two witnesses. It is not necessary for the witnesses to know the contents of the Will. The witnesses MUST NOT be the heirs or beneficiaries of the testator, otherwise the bequests to them could be void.

The names and addresses of the witnesses must be recorded against the attestation clause/signature of the testator at the time of signing, not later.

After the Will has been executed, no additions to, or alterations to it may be made. Any addition or alteration to the Will can be made by way of Codicil, (addition to Will) but it is not advisable to make a Codicil, as this can create complications in the interpretation of the provisions contained in the Will. It is better to prepare a new Will rather than make additions or alterations to the original Will.

In some countries like Kenya, no stamp is required on a Will, but it can be registered at the Land Office by paying stamp duty, but this requirement will be dependent upon the laws of the country where one is residing.

Glossary

Prior to devising a Will, the definitions of some of the terms used should be understood

Will – It is a directive, which is also known as Testament. In terms of Shariah it is called Wasiyyah.

Testator – Person making aWill. He is called "MUSI".

Beneficiaries – Persons having right to inheritance. They are also as heirs or legatees. The beneficiaries are called" Musa Lahu".

Executors – Persons appointed by the testator, to execute, administer and distribute the estate in accordance with the Will. They are also known as Administrators or Trustees. They are called" Wasi".

Estate – All property/ies owned by the testator at the time of his death that is subject to distribution, for example land, building, cash in hand, cash at banks, shares, motor cars, etc.

Net Estate – Net Estate is a person's estateless all debts owing by the testator at the time of death including estate duty, income tax, Khums, Zakat, etc.

Bequests or Legacy – These are specific grants made, viz, grants made to the particular members of the family or allotments made to the poor or for the advancement of religion, etc.

Probate – Power to distribute the wealth.

Criticism against The Caliphs

The next point with regards to this subject is the issue of criticism against the Caliphs. Criticism by ‘Ali (A.S.) against them is an indisputable fact, and the method adopted by Hazrat in this regard is highly instructive. ‘Ali’s criticism against the Caliphs is not emotional or prejudiced but analytical and logical and it is for this reason that great importance is attached to his criticism.

If criticism is based on emotions and the outburst of annoyance, it takes a particular shape and if it is logical and based on true judgment in the realities, it takes another shape. Emotional criticism is usually the same for every human being because it is due to a series of curses and taunts that it is offered. Vilification and curse in such a case has no foundation.

But logical criticism is based on moral and spiritual qualities and depends on special historical features of a person’s life and as such, they cannot be the same for all the individuals. It is due to this that the value of degree of a criticizer’s realism becomes evident.

Some of the criticism leveled against the Caliphs in Nahj al-Balaghah is general and implicit while others are particular and explicit. The general and implicit criticisms are those very ones which ‘Ali (A.S.) categorically expresses about his clear and definite right being snatched away from him.

Ibn Abi al-Hadeed says: “Complaint and criticism by Imam against the Caliphs is widely transmitted (متواتر ) even if it is in the form of general and implicit criticism. Once Imam heard an oppressed person crying out: “I have been oppressed and injustice imposed on me.” ‘Ali (A.S.) replied to him: (Come let the depressed hearts gather together) Let us cry out together because I too have been put to oppression persistently.”

Moreover, he narrates from one of his trusted contemporaries famous by the name of Ibn A’alia who said: “I was in the presence of Ismail bin ‘Ali Hanbali, the Imam of Hanbalites. At that moment he inquired from a traveler who had returned from his journey to Kufa about his journey and all that he had seen in Kufa. While narrating the events, he expressed with deep regret the incident of severe criticism by the Shi’ah on the day of Ghadeer against the Caliphs. The Hanbali ‘Faqih’ said:

“What is the fault of those people? ‘Ali has himself opened this door”. The traveler replied: “Then what is our duty in these circumstances? Should we consider these criticisms as valid and correct or false and wrong? If we consider them as correct, we have to leave one side and if we consider them to be incorrect, we have to leave the other side”!

When Ismail heard this question he moved from his place and dispersed the gathering. The only thing which he said was that this was a question for which he too had not found an answer.

Abu Bakr

Criticism of Abu Bakr has come in an explicit form in the Sermon of Shiqshiqiya and has been concluded in two sentences.

Firstly that: “He was very well aware that I am more worthy than him and Caliphate is a garb which fits properly on me only. In spite of knowing this fact why did he do such a thing? During the period of Caliphate, I was similar to a person having a thorn in his eyes or a bone stuck in his throat.

    و اللّه لقد تقمصها ابن أبي قحافة و انه ليعلم أن محلي منها محل القطب من الرحى

“By Allah, Ibn Abi Quhafah (Abu Bakr) dressed himself with it (the Caliphate) while he certainly knew that my position in relation to it was the same as the position of the axle in relation to the mill.

Secondly: why did he select the next Caliph after him, especially since once during his period of Caliphate he asked the people to cancel the agreement of allegiance and release him from this commitment? When one is doubtful of his own ability in this affair and asks the people to accept his resignation, then on what basis does he appoint the next Caliph?

    » فواعجبا بيناهو يستقيلها في حياته اذعقدها لاخر بعد وفاته «

“It is strange that during his lifetime he wished to be released from it (the Caliphate) but he confirmed it for the other for after his death.”

After mentioning the above sentence, ‘Ali (A.S.) uses the most severe words against the two Caliphs thus laying bare the root of their connection with one another. He says:

«لشد ما تشطرا ضرعيها »

“Together they shared its udders strictly between themselves.”

About the matter of Abu Bakr’s resignation, Ibn Abi al-Hadeed says that two versions exist about the sentences once uttered by Abu Bakr on the pulpit during the period of his Caliphate. Some narrate that Abu Bakr said:

    وليتكم و لست بخيركم

i.e. the responsibility of Caliphate has been put on me while I am not the best among you.

However most narrate that he said:

    اقيلوني فلست بخيركم

“You excuse me for I am not the best among you.”

The sentences of Nahj al-Balaghah approve that the sentence of Abu Bakr was presented in its second form.

’Umar

Criticisms against ‘Umar in Nahiul-Balagha have taken another form. Apart from the joint criticisms leveled against him and Abu Bakr by use of the sentence «لشد ما تشطرا ضرعيهاا » a series of criticisms have been leveled against him taking into consideration his moral and spiritual characteristics. ‘Ali (A.S.) has criticized two moral qualities of ‘Umar:

Firstly, his harsh and rude behavior - in this regard, he was just the opposite of Abu Bakr. In character, ‘Umar was rough, harsh-tempered, and incited fear.

Ibn Abi al-Hadeed says:

“The distinguished companions refrained from meeting ‘Umar. Ibn Abbas expressed his opinion about the matter of  «عول » after ‘Umar’s death. He was asked as to why he didn’t disclose his opinion before and he replied: “Due to fear of ‘Umar.”

The whip of ‘Umar (درّة عمر ) had become a proverb for his harshness such that afterwards it was said:

    » درة عمر اهيب من سيف حجاج «

The whip of Omar is more fearful than the sword of Hajjaj.

‘Umar’s rudeness was more towards the women and hence they were fearful of him. At the time of Abu Bakr’s death, when the women from his household were lamenting over his death, ‘Umar was persistently forbidding them from such an act. However the women continued their lamentation and crying. Finally ‘Umar dragged out Umm Farwa, sister of Abu Bakr from among the women and lashed her with his whip. After this incident, the women dispersed.

Another moral quality of ‘Umar which has come under criticism in the sayings of ‘Ali (A.S.) is the matter of making haste in judgment and then turning back from the same judgment i.e. his self-contradiction. Repeatedly, he would pass judgments and later on when he would realize his mistakes, he would confess to them.

Many instances have been narrated in this regard. For example ‘Umar has himself said:

    كلكم افقه من عمر حتي ربات الحجال

“All of you, even women, are more learned than ‘Umar.”

Similarly the sentence:

    لو لا علي لهلك عمر

“Were it not for ‘Ali, ‘Umar would have perished.” It is said that this sentence was heard from him over 70 times. It was in connection to these very mistakes that ‘Ali (A.S.) used to correct him.

Amir al-Mu’minin ‘Ali (A.S.) has reproached ‘Umar on these two very qualities, which have been strictly approved by history i.e. his severe harshness such that his companions were fearful of expressing the truth, and secondly his haste and repeated mistakes and consequently his apologies in wrong decision making.

About the first matter ‘Ali (A.S.) says:

    فصيرها في حوزة خشناء يغلظ كلمها و يخشن مسها.....فصاحبها كراكب الصعبة ان اسنق لها خرم و ان اسلس لها تقحم

“He (Abu Bakr) put the Caliphate in a rough enclosure where the utterance was crude and the touch was harsh.... The one in control of it was like the rider of an unruly camel. If he pulled up its rein, the nostril would be slit but if he let it loose he would be thrown.”

About his haste, numerous mistakes and consequently his apologies, ‘Ali (A.S.) says:

    » ويكثر العثار فيها و الاعتذار منها «

“His mistakes were plenty and also the excuses there-from.”

Murtadha Mutahhari says:-

“As far as I can recollect, the first and second Caliph have been remembered and come under criticism in Nahj al-Balaghah in an explicit manner only and only in the Sermon of Shiqshiqiya. In other places, if at all it exists it has either come in a general form or possesses a sarcastic remark like in the famous letter which he writes to ‘Uthman b. Hunayf in connection to the matter of Fadak.”

Or for example in Letter No.62 where he says: “It never occurred to me and I never imagined that after the Prophet, the Arabs would snatch away the Caliphate from me. Suddenly, I noticed people gathering around the man for pledging allegiance to him.”

Or in Letter No.28 in reply to Mu’awiya, he says:- “You have said that I was dragged like a camel with a nose string to swear allegiance.... What humiliation is it for a Muslim to be the victim of oppression so long as he does not entertain any doubt in his religion or any misgiving in his firm belief?

‘Uthman

‘Uthman has been mentioned in Nahj al-Balaghah more than the previous two Caliphs have. The reason is obvious - In an incident, which history named it as the great conspiracy and the close relatives of ‘Uthman himself i.e. the Bani-Umayyah had a greater hand in it than others, ‘Uthman was killed and the people immediately surrounded ‘Ali (A.S.).

Hazrat too, willingly or unwillingly accepted their allegiance and this affair naturally created a problem for him during his period of Caliphate. On the one hand, those desirous of the seat of Caliphate accused him of having a hand in the death of ‘Uthman and so, he was bound to defend himself and clarify his position in this matter.

On the other hand, there was a revolutionary group which had revolted against ‘Uthman’s rule and was reckoned to be a powerful force and was amongst the followers of ‘Ali (A.S.). The enemies of ‘Ali (A.S.) wanted him to force them surrender so that they could be brought to justice for their crime in the killing of ‘Uthman. Hence ‘Ali (A.S.) was supposed to set forth this matter in his speeches and explain his position.

Besides, during the life-time of ‘Uthman, when the revolutionary group had surrounded ‘Uthman and forced him to either mend his ways or else resign, the only one who was trusted by both the sides and who acted as a mediator between them and expressed one side’s views to the other (besides his own views) was ‘Ali (A.S.)

Moreover, corruption in ‘Uthman’s organization was much more rampant and as his duty, ‘Ali (A.S.) could not remain silent and avoid discussing these matters either during the lifetime of ‘Uthman or the period after him. Collectively, these factors are the reasons for ‘Uthman’s name being mentioned more than others in the sayings of ‘Ali (A.S.).

In Nahj al-Balaghah, altogether on sixteen occasions, discussions on ‘Uthman have taken place and most of them are related to the matter of his assassination. In five instances, ‘Ali (A.S.) seriously acquits himself from having taken any part in the assassination and in one instance introduces Talha who made the topic of ‘Uthman’s assassination a pretext for instigating the people against ‘Ali (A.S.) as the one having a hand in the conspiracy against ‘Uthman.

On two occasions, he seriously reckons Mu’awiya to be the guilty one; the same Mu’awiya who used ‘Uthman’s assassination as a pretext for plotting and disrupting the moral and heavenly Government of ‘Ali (A.S.) and who shed crocodile tears and provoked the helpless people to bring to justice the killers of the innocent Caliph (for his own benefit).

Mu’awiya’s Skilful Role in the Killing of ‘Uthman

In his letters to Mu’awiya, Hazrat ‘Ali (A.S.) says: “What more do you wish to say? Your unseen hand, right up to your elbow, is stained with ‘Uthman’s blood, yet you continue to speak of his blood!”

This part is extremely interesting. ‘Ali (A.S.) raises the curtain from a mystery which (even) the sharp eyes of history have barely been able to discover. It is only in this present era that researchers, by seeking help and guidelines from the fundamentals of psychology and sociology have brought out this point from the hidden angles of history. Otherwise, it was extremely difficult for most of the people who lived in the past to believe that Mu’awiya had had a role in ‘Uthman’s murder or at least had been negligent in defending him.

Mu’awiya and ‘Uthman were both from Bani ­Umayyah and had tribal connections. Such strong connections were based on pre-calculated objectives and definite policies, which the historians of today reckon to be similar to party connections of today.

That is to say, it was not the racial or tribal sentiments only, which connected them to one another. The tribal connections were a base for pulling them together to organize and coordinate mutual materialistic goals. Personally too, Mu’awiya had seen kindness and support from ‘Uthman and was open with his friendship and support. Therefore no one could believe that Mu’awiya had an inside hand in this affair.

Mu’awiya who followed only one aim and regarded all possible means to achieve that aim to be permissible, never allowed any feelings nor emotions to enter his destructive and inhumane logic. He decided that with the death of ‘Uthman he could reap much better benefits than when he was alive and he could have more power by shedding his blood than by the blood circulating in his veins. Thus, he prepared the ground for his assassination. Moreover, at that time when he was in perfect control of extending his useful help and able to prevent his assassination, he abandoned him in the days before his death.

However, the sharp-sighted eyes of ‘Ali (A.S.) could see the invisible hands of Mu’awiya and he was aware of the events occurring behind the curtain. For this reason, he officially introduced Mu’awiya as the one responsible and answerable for ‘Uthman’s death.

In Nahj al-Balaghah we find a lengthy letter which Imam (A.S.) has written in reply to the letter of Mu’awiya. In his letter, Mu’awiya accuses Imam (A.S.) of having participated in the assassination of ‘Uthman and Imam (A.S.) replies to him as such:

    ثم ذكرت مل كان من امري وامر عثمان فلك ان تجاب عن هذه لرحمك منه، فاينا كان اعدي له و » اهدي الي مقاتله امن بذل له نصرته فاستقعده و استكفه؟ ام من استنصره فتراخي عنه وبث المنون اليه حتي اتي قدره؟....و ما كنت لاعتذر من اني كنت انقم عليه احداثا فان كان الذنب اليه ارشادي و هدايتي له فرب ملوم لا ذنب له و قد يستفيد الظنة المتنصح و ما اردت "الا الاصلاح ما استطعت و ما توفيقي الا بالله عليه توكلت "

“Then you have recalled my position vis-a-vis ‘Uthman, and in this matter an answer is due to you because of your kinship with him. So (now tell me), which one of us was more inimical towards ‘Uthman and who did more to bring about his killing; or who offered him his support but he made him sit down and stopped him (from helping); or who was it whom he called for help but turned his face from him and drew his death near until his fate overtook him? Of course, I am not going to offer my excuse for reproving him for (some of) his innovations. If my good counsel and guidance to him was a sin, then I accept it, for many an innocent people are blamed. Verily, sometimes a counselor sees no result from his work but mistrust from the other side. My intention was ”.. only to put things in order as far as I can; and my success lies only with Allah: in Him I have put my trust..”(11:88).1

In another letter addressed to Mu’awiya he writes:

    فاما اكثارك الحجاج في عثمان و قتلته فانك انما نصرت عثمان حيث كان النصر لك و خذلته حيث كان النصرله

“As regards your frequent arguments in the matter of ‘Uthman and his murder, you only helped ‘Uthman when it was really to your own benefit and you forsook him when it was only to his benefit.”2

‘Uthman’s murder itself gave birth to sedition and opened the door to other sedition in the Islamic world, which has entangled it for centuries and its effect still remains. From the collective speeches of ‘Ali (A.S.) in Nahj al-Balaghah, it can be inferred that he was a severe critic of ‘Uthman’s policies and reckoned the revolutionaries to be rightful in this regard.

At the same time, he has not reckoned ‘Uthman’s murder committed by the hands of the rebels to be in conformity with the general interests of Islam. Before ‘Uthman’s assassination, Hazrat ‘Ali (A.S.) was already worried about this matter and was foreseeing its consequences and aftermath. Whether or not ‘Uthman’s crimes were to such an extent that, according to the Shari’ah, he deserved to be killed, and whether the motives for killing ‘Uthman were intentionally or unintentionally provided by his associates, and all paths other than killing him were closed to the rebels, is one matter; and whether ‘Uthman’s being killed by the rebels while he was on the seat of Caliphate, was in the interests of Islam and the Muslims or not, is another matter.

From the speeches of ‘Ali (A.S.), it can be inferred that he wanted ‘Uthman to forsake the path which he was following and choose the true and fair Islamic path - And in the event of non-acceptance, the revolutionaries would dismiss and perhaps imprison him and the Caliph who would be worthy of taking over the seat of Caliphate would later on investigate into ‘Uthman’s crimes and pass the necessary judgment.

Thus ‘Ali (A.S.) neither issued any orders concerning the killing of ‘Uthman nor did he aid him against the revolutionaries. The entire efforts of ‘Ali (A.S.) were directed in this course that the legitimate demands of the revolutionaries be fulfilled without the need for a drop of blood to be shed or that (at least) ‘Uthman himself repents from his past actions or willingly entrusts the affair to his citizens. ‘Ali (A.S.) judged the two sides as such:

    » استأثر فاساء الاثرة و جزعتم فاسَاتم الجزع «

“‘Uthman appropriated everything for himself and did it in an evil manner. You (revolutionaries) were impatient and agitated against it and did it in an evil manner.”3

At the time when he set forth the demands of the revolutionaries before ‘Uthman (as a mediator) he expressed his apprehension as to the possibility of ‘Uthman getting killed in the seat of Caliphate and the door of sedition thus being opened before the Muslims. He addressed ‘Uthman as such:

    و اني انشدك الله الا تكون امام هذه الامة المقتول، فانه كان يقال: يقتل في هذه الامة امام يفتح عليها القتل و القتال الي يوم القيامة، و يلبس امورها عليها،و يبث الفتن فيها، فلا يبصرون الحق من الباطل، يموجون فيها موجًا؛ و يمرجون فيها مرجًا

“I adjure you by Allah that you should not be that Imam of this Ummah who will be killed, because it has been said: An Imam of this Ummah will be killed after which the path to killing and fighting will open for them till the Day of Judgment. He will confuse their affairs for them and spread dissension amongst them. As a result, they will not discern truth from falsehood, and will be in a state of agitation and utter confusion.”4

Just as previously narrated from ‘Ali (A.S.) himself, during ‘Uthman’s lifetime Imam (A.S.) has objected and criticized and admonished him either in his presence or in his absence. Similarly after his death too, Imam (A.S.) has perpetually reminded the people about his deviations. He did not follow the principle of:

    اذكروا موتاكم بالخير

“Remember your dead with goodness”. (It is said that this is the saying of Mu’awiya and was uttered for the benefit of corrupt governments and personalities whose past lives were tainted till their death so that there would remain no lesson for the future generation and no danger for the future corrupt governments). Here are some instances of criticism:

(1) In Sermon No.128 in the sentences which ‘Ali (A.S.) has used at the time of bidding farewell to Abu Dharr when the latter was being exiled to Rabdha on the orders of ‘Uthman, he has clearly objected and criticized such action and has implicitly introduced ‘Uthman’s government as a corrupt one.

(2) In Sermon No.30 there is a sentence which was already narrated:

    اِسْتَأْثَرَ فَاَسَاءَ الاَْثَرَةَ

“He appropriated everything for himself and did it in an evil manner.”

(3) ‘Uthman was a feeble-charactered person and did not possess self-determination or steadfastness. His relatives, especially Marwan b. al-Hakam who was once banished by the Holy Prophet but was summoned by ‘Uthman to go to Medina and made his minister, had a strong dominance over him and they did whatever they liked in his name. ‘Ali (A.S.) openly criticized him in this regard and said:

فَلاتَكُونَنَّ لِمَرْوانَ سَيِّقَةً يَسُوقُكَ حَيْثُ شاءَ، بَعْدَ جَلالِ السِّنِّ وَ تَقَضِّى الْعُمُرِ

“Do not be like the driven beast for Marwan so that he may drive you wherever he likes, despite your seniority of age and length of life.”5

(4) ‘Ali (A.S.) was an object of suspicion for ‘Uthman. The latter reckoned the presence of ‘Ali (A.S.) in Medina to be disturbing and detrimental to himself. ‘Ali (A.S.) was thought to be a haven and the source of hope for the insurgents since they would sometimes shout slogans in his name and were openly calling for the dismissal of ‘Uthman and the establishment of ‘Ali’s (A.S.) leadership.

Thus ‘Uthman wished for ‘Ali’s absence from Medina so that the forces of insurgents would be ineffective due to his absence. However, on the other side he could see with certainty the manner in which ‘Ali (A.S.) was mediating with good-intentions between him and the insurgents and how his presence was a source of peace. Anyhow he asked ‘Ali (A.S.) to leave Medina and go temporarily to his farm in Yanbu’ which was approximately 12 Km or more from Medina.

But it did not take long before ‘Uthman left uneasy by the vacuum created by ‘Ali’s absence and sent a message for him to return to Medina.

Naturally, when ‘Ali (A.S.) returned, the slogans shouted in his favour gained force and so he was once again asked to leave Medina.

Ibn Abbas had brought ‘Uthman’s message requesting ‘Ali (A.S.) to once again leave Medina and proceed towards his farm. ‘Ali (A.S.) was upset by this insulting behavior of ‘Uthman and said:

    يا ابن عباس مايريد عثمان الا ان يجعلني جملا ناضحا بالغرب اقبل و ادبر، بعث الي ان اخرج ثم بعث الي ان اقدم ثم هو الان يبعث الي ان اخرج، و الله لقد دفعت حتي خشيت ان اكون َاثما

“O Ibn Abbas, ‘Uthman only wants to treat me like the water-drawing camel so that I go forward and backward with the bucket. Once he sent me word that I should depart, then sent me word that I should return. Now again he sends me word that I should go. By Allah I continued protecting him till I feared lest I become a sinner.”6

(5) More severe than all these is what has been mentioned in the Sermon of Shiqshiqiya:

    اِلى اَنْ قامَ ثالِثُ الْقَوْمِ نافِجاً حِضْنَيْهِ بَيْنَ نَثيلِهِ وَ مُعْتَلَفِهِ، وَ قامَ مَعَهُ بَنُو اَبيهِ يَخْضِمُونَ مالَ اللّهِ خِضْمَ الاِْبِلِ نِبْتَةَ الرَّبيع  ِ، اِلى اَنِ انْتَكَثَ فَتْلُهُ، وَ اَجْهَزَ عَلَيْهِ عَمَلُهُ، وَ كَبَتْ بِهِ بِطْنَتُهُ .

“...Till the third man of these people arose lifting his chest from out of his excrement and his trough. With him his cousins also rose up, swallowing up Allah’s wealth like a camel devouring the foliage of spring, until his rope broke down, his actions finished him and his gluttony brought him down.”

In describing this part, Ibn Abi al-Hadeed says:

“These expressions are the most bitter expressions and I think it is even more severe than the famous Hatee’ah poem which is said to be the most satirical poem of the Arabs.” The famous Hatee’ah poem is as follows:

    دع المكارم لا ترحل لبغيتها

    و اقعد فانك انت الطاعم الكاسي

Notes

1. Nahj al-Balaghah, Letter no. 28.

2. Nahj al-Balaghah, Letter no. 37.

3. Nahj al-Balaghah, Sermon 30.

4. Nahj al-Balaghah, Sermon 162.

5. Nahj al-Balaghah, Sermon 162.

6. Nahj al-Balaghah, Sermon 235.

A Bitter Silence

The third section on the subject of Caliphate which has been reflected in Nahj al-Balaghah is the matter of silence and moderateness of ‘Ali (A.S.) and its philosophy.

By silence is meant the abandonment of a revolt and abstention from carrying the sword in hand. Otherwise, just as we had previously mentioned ‘Ali (A.S.) did not desist from setting forth his claim and complaining at opportune situations the injustice done to him.

‘Ali (A.S.) remembers this silence as bitter and reckons it to be an affliction and an agony of death:

    و اغضيت علي القذي و شربت علي الشجي و صبرت علي اخذ الكظم و علي امر من طعم العلقم .

“I shut my eyes while there was a thorn in it and drank while there was a bone stuck in my throat. I was patient while my throat felt suffocated and there was a taste (in my mouth) more bitter than colocynth.”1

‘Ali’s silence was logical and a well-calculated one, not merely arising from compulsion and helplessness. He had two options and he chose the one that was based on expedience and was the most difficult and fatiguing one. It was easy for him to rise up in revolt and, if he had no friends or helpers, then at the most it would have resulted in martyrdom for him and sons. Martyrdom was the goal of ‘Ali (A.S.) and incidentally in this very situation he addresses Abu Sufyan in one of his famous sentences as such:

    و الله لابن ابيطالب آنس بالموت من الطفل بثدي امه .

“By Allah the son of Abu Talib is more at ease with death than an infant with the breast of its mother.”2

By this sentence, ‘Ali (A.S.) had made Abu Sufyan and others understand that his silence was not due to fear from death but rather for the reason that his active revolt and martyrdom in such a situation would have been damaging to Islam (and not to the advantage of Islam).

‘Ali (A.S.) himself specifies that his silence was a pre-calculated one. He himself says that he selected the path which was nearer to prudence:

    وَ طَفِقْتُ اَرْتَأى بَيْنَ اَنْ اَصُولَ بِيَد جَذّاءَ، اَوْ اَصْبِرَ عَلى طِخْيَة عَمْياءَ، يَهْرَمُ فيهَا الْكَبيرُ، وَ يَشيبُ فيهَا الصَّغيرُ، وَ يَكْدَحُ فيها مُؤْمِنٌ حَتّى يَلْقى رَبَّهُ! فَرَاَيْتُ اَنَّ الصَّبْرَ عَلى هاتا اَحْجى، فَصَبَرْتُ وَ فِى الْعَيْنِ قَذًى، وَ فِى الْحَلْقِ شَجاً !

“Then I began to think whether I should assault or endure calmly the blinding darkness of tribulations wherein the grown up become feeble and the young grow old and the true believer acts under strain till he meets Allah. I found that endurance thereon was wiser. So I adopted patience although there was a thorn in the eye and suffocation in the throat.”3

Islamic Unity

Naturally, everybody wishes to know which matter kept ‘Ali (A.S.) in so deep a thought that he did not wish to see any harm come to it and instead attached so much importance that he was prepared to tolerate the agonies and the sufferings?

Roughly it should be said that the important reason was the unity of the Muslims and the non- initiation of discord. The Muslims who were newly displaying their power and strength to the world were indebted to their unity and alliance of their creed (of faith). They acquired their astounding prosperity in the later years from this very unity. It was due to this expediency that ‘Ali (A.S.) as a rule, kept silent and acted moderately.

Is it believable that a pious youth of thirty ­three years could have been pushed to such corners; and controlled himself to such extent and been so much loyal towards Islam that for the sake of Islam, he chose the path which lead to his own deprivation of rights?

Yes, it is possible to believe. The extraordinary character of ‘Ali (A.S.) became manifest in such a situation. It is not merely a conjecture. ‘Ali (A.S.) has himself rationalized his actions and has, with utmost explicitness, given no reasons for his behavior other than his concern over discord among the Muslims. Especially during the period of his own Caliphate when Talha and Zubair broke their allegiance and started an internal conspiracy, ‘Ali (A.S.) repeatedly compares himself with them (i.e. Talha and Zubair) after the departure of the Holy Prophet and says: “I have overlooked my obvious right for the sake of not causing discord among the Muslims while they (in spite of willingly and voluntarily giving their allegiance) have broken it and have not bothered about the emergence of disunity among the Muslims.

In explaining Sermon No.119, lbn Abi al-Hadeed narrates from Abdullah ibn Junadah who said: “In the initial period of ‘Ali’s Caliphate, I was in Hijaz and I intended to go to Iraq. In Mecca I performed my ‘Umra’ ­(lesser pilgrimage) and came to Medina. I entered the mosque of the Holy Prophet and saw that people had gathered together for prayers. ‘Ali (A.S.) who had his sword with him came out and delivered a sermon. In that sermon, after praising and glorifying God and sending salutation upon the Holy Prophet, he said:

“After the Holy Prophet’s departure, we (the household members of the Prophet) never ever imagined that the Ummah would usurp our right. However, that which could not be imagined did really occur. They usurped our right and we were ranked on par with the low-class people. Tears rolled down from our eyes and problems stood facing us.”

    و ايم الله لولا مخافة الفرقه بين المسلمين و ان يعود الكفر و يبور الدين لكنا علي غير ما كنا لهم عليه .

“By Allah, if it were not for the fear of discord between the Muslims, the return to unbelief and destruction of religion, our stand towards them would have been a different one.”

Thereafter, he continued his speech by referring to Talha and Zubair and said: “These two gave their allegiance to me but later broke it. They took Ayesha along with them to Basra so that they could create disunity among you Muslims.”

Moreover, Ibn Abi al-Hadeed narrates from Kalbi that:

“Before going to Basra, ‘Ali (A.S.) in one sermon said: “After the Holy Prophet, the Quraysh snatched our right from us and attributed it exclusively for themselves.”

    فرأيت ان الصبر علي ذلك افضل من تفريق كلمة المسلمين و سفك دمائهم و الناس حديثو عهد بالاسلام و الدين يمخض مخض الوطب يفسده ادني وهن و يعكسه اقل خلق .

“I realized that patience in that is better than dissipation of the Muslim creed and their bloodshed. I reckoned that the people are newly converted Muslims and the religion like a large leathern water bag, capable of being destroyed by the slightest weakness and of being overturned by the most insignificant person”.

Thereafter he said:

How good it would have been if Talha and Zubair had resorted to patience for a year or at least a few months and witnessed my rule and then taken a decision. However, they did not hold out and revolted against me. They entered into a skirmish with me for a matter in which Allah had never set any right for them.

Under the sermon of Shiqshiqiya, Ibn Abi al-Hadeed says: “Regarding the event of ‘Shura’, (consultative council) since Abbas was aware of its result, he suggested to ‘Ali (A.S.) not to attend the meeting. Although ‘Ali (A.S.) reckoned Abbas to be right as far as the results were concerned, he still did not accept his suggestion.” His reason was as he said:

    اني اكره الخلاف

“I dislike discord.” Abbas said:

    اذا ترى ما تكره

“Then you will encounter what you dislike.­”

In Vol. 2 under sermon 65, he narrates as such: ­“One of the sons of Abu Lahab recited a poem regarding the virtue and the just right of ‘Ali and at the same time vilified his enemies.” ‘Ali prohibited him from reciting such poems (which in fact was a kind of provocation and threat to unity) and said:

    سلامة الدين احب الينا من غيره

“We reckon the safety of the religion (and the continuation of the fundamentals of Islam( to be a matter more lovable and valuable than anything else.”

More explicit than this is what has come down in Nahj al-Balaghah itself. This explicitness can be seen in three different instances in Nahj al-Balaghah:

(1) When Abu Sufyan intended to create sedition under the pretext of offering his support to ‘Ali (A.S.), Hazrat replied:

    شقوا امواج الفتن بسفن النجاة و عرجوا عن طريق المنافرة، وضعوا تيجان المفاخرة .

“Steer clear through the waves of mischief with the boats of deliverance; turn away from the path of dissension and put off the crowns of pride.”4

(2) In the Shura (consultative council) of six people, when ‘Uthman was selected by Abdur-Rahman ibn al-Auf, he (i.e. ‘Ali) said:

    لقد علمتم انى احق الناس بها من غيرى و و الله لا سلمن ما سلمت امور المسلمين و لم يكن فيها جور الا على خاصة .

“You have certainly known that I am the most rightful of all for the Caliphate. By Allah, so long as the affairs of the Muslims remain intact and there is no oppression in it save on myself I shall keep quiet.”­5

(3) At the time when Malik al-Ashtar became the Governor of Egypt, Hazrat (A.S.) wrote a letter to the people of Egypt. (This letter is different from the famous lengthy directive). In this letter he relates the era of the beginning of Islam till he reaches to a point where he says:

    فامسكت يدي حتي رايت راجعة الناس قد رجعت عن الاسلام يدعون الي محق دين محمد صلى اللَّه عليه و آله فخشيت ان لم انصر الاسلام و اهله ان اري فيه ثلما او هدما تكون المصيبة به علي اعظم من فوت ولايتكم التي انما هي متاع ايام قلائل .

“I withheld my hand only as long as I saw that many people were reverting away from Islam and calling for the effacement of the religion of Muhammad, blessings of Allah on him and his family. I then feared that if I did not help Islam and its people, I would see in it a breach or destruction, the calamity of which would be far more grievous to me than the loss of authority over you which was in any case, only to last for a while.”6

Two Outstanding Stances

In his sayings, ‘Ali (A.S.) refers to two distinguished stances on two occasions and reckons his stance in these two instances to be a privileged and limited one. That is to say, in each of these two crucial instances he took such a decision that only a few in this world would be capable of taking under the given circumstances. In one of these two crucial cases, ‘Ali (A.S.) had kept silent while in the other he revolted - A splendid silence and a more splendid revolt. The stance adopted by ‘Ali (A.S.) in the case of his silence is the same, which we have explained.

In certain circumstances, silence and moderation requires more strength, power and possession of the ‘self’ than bloody uprisings. Imagine a person who was the symbol of bravery, courage and zeal, a person who had never shown his back to the enemy and the brave ones shivered due to fear from him. Conditions and circumstances became such that politically-motivated people took advantage of the crucial situation and made things difficult for him such that when his most beloved wife was subject to insults, she addressed her husband with such sentences that make mountains move from their places. She (A.S.) said:

“O son of Abu Talib! Why have you crawled in one corner of the house? You are the same person in fear of whom the brave ones could not sleep. Now you are exhibiting yourself as a weak one before the people. I wish I had died and not seen such a day.”

Angered by the events, ‘Ali (A.S.) is provoked as such on the side of his wife who holds him extremely dear. What power was it that could not move ‘Ali (A.S.) from his place. After hearing the speech of Hazrat Zahra (A.S.), he consoles her and says: “No, I have not changed. I am the same as before. Expediency lies in something else”. He comforts her until Zahra (A.S.) is content and hears from her the sentence of:

    حَسْبي الله وَ نِعْمَ الوَكِيل

Below Sermon No.215, Ibn Abi al-Hadeed has narrated this famous incident:

“One day Fatimah (A.S.) called on ‘Ali (A.S.) to revolt. At that very moment the call of “Muezzin” could be heard saying:

    أشْهَدُ أنَّ مُحَمَّداَ رَسولُ اللهِ

“I testify that Muhammad is the Messenger of Allah”.

‘Ali (A.S.) asked Zahra (A.S.): “Would you like this call to be extinguished”? She replied: “No”. ‘Ali (AS.) said: “Then my words are the same.”

However the splendid revolt (limited to ‘Ali (A.S.) himself) which he was proud of and about which he used to say that none had the courage to do what he did was the revolt against the Kharijites.

    فَانا فقاْتُ عين الفِتْنَةِ و لم يكن ليجْتَرَأ عَليها أحَدٌ غيري بعد أن ماج غيهبها و اشتدَّ كلبها

“So now, O people, I have put out the eye of dissension. No one except me ventured towards it when its darkness was surging and its frenzy was intense.”

The apparent piety of the Kharijites was such that it would keep any discerning believer in doubt. An atmosphere obscure and gloomy and a sphere full of doubt and hesitation had come into existence. They were 12,000 people who had calluses on their foreheads and knees due to excessive prostration. They practiced abstinence in their food, clothing and way of life. Their tongues were constantly moving in praise of God. However, they were unaware of the spirit of Islam and did not possess the Islamic insight. They wanted to compensate all their shortcomings forcibly through bowing and prostration. They were narrow-minded, apparent - worshippers, ignorant, rigid and a big barrier in front of Islam.

As a matter of great honour, ‘Ali (A.S.) says: “It was I who perceived the great danger brought about by these narrow-minded so-called religious people. Their calloused foreheads, their ascetic garb and their constant liturgical praise of God could not blind my discerning vision. It was I who realized that if ever they establish themselves, they would so drive Islam towards stagnation, conventionalism, petrifaction and outward show such that the back of Islam would no longer be straightened.

Yes! This honour was only for the son of Abu Talib! Which powerful soul existed that would not be moved in the face of such (outwardly) impressive personalities? And which power existed, that could rise up to strike their heads and not tremble?

Notes

1. Nahj al-Balaghah, Sermon 26.

2. Nahj al-Balaghah, Sermon 5.

3. Nahj al-Balaghah, Sermon 3.

4. Nahj al-Balaghah, Sermon 5.

5. Nahj al-Balaghah, Sermon 72.

6. Nahj al-Balaghah, Letter no. 62.