97. THE VERDICT OF THE REFEREES
The Agreement of Tahkeem was executed on 13 Safar 37 H and during Shaban 37 H both the referees, Abu Moosa Ashari and Umro ibne Aas met at the place of Azrah lying between Ma-aan and Wadi Moosa. As agreed earlier, 400 men from each of the two groups also reached that olace. The chief of the Syrian deligation was Abul Aiwav Salami and the Iraqi team was led by Abd Allah ibne Abbas and Sharih ibne Hani. Ibne Abbas was leading the prayers and Sharih was leading the delegation.and had brought a message for Ibne Aas from Hazrat Ali (a.s). Therefore he met Umro ibne Aas and and told him that Hazrat Ameer al Momineen (a.s) had sent him the message that the best person is one who moves away from the path of vice and comes to the ways of virtueThis he dies, inspite of the fact that there are worldly benefits in vice and hardships in adopting virtue. Therefore he exhorted him not to close his eyes to the Truth and make compromises for the sake of power and pelf. He said that whatever he acquires in the world, is bound to go away from him one day. He added that the day was not far away when he will be on the death bed , biting his hands, saying how he wished he had not cooperated with the unjust and had not given the wrong verdict accepting bribes.When Umro heard this message he said:
“Did ever an occasion came when Ali (a.s) had given me advice and I had accepted it? Or ever I acted on his suggestion? Or given any weight to his suggestions?”
Ref: Tareeq e Kamil, Vol 3, Page 167
Sharih said,“O son of Nabagha! I you didn’t consider Hazrat Ameer al Momineen (a.s) worthy of advising you, then how is it that Hazrat Abu Bakr and Hazrat Omer wpuldn’t do anything important without taking his advice? Certainly, they were better persons than you! Umro said, “A person of my status doesn’t like to talk with you!”
Sharih rejoined,“This pride and conceit in you is because of your descent from Assi ibne Wael or it is because of the infamy of your mother!”
Saying this he stood up and came away from him.
Before this meeting, Muawiya wrote to Abd Allah ibne Omer, Abd Allah ibne Zubair, Abu Jaham ibne Huzaifa and Abd ar Rehman ibne Abd Yaghoos that they didn’t take part in the battle of Siffin, but they must attend the meeting at Azrah as delegates from him. Therefore, the persons reached the venue before the proceeds of the meeting commenced. Besides them , there were Abd ar Rehman ibne Abu Bakr, Saad ibne Abi Waqas and Mughira ibne Shauba. Mughira met Abu Moosa and Umro separately before the meeting commenced, took their opinion and returned to Muawiya in Damascus.
Muawiya asked Mughira that he must have studied the circumstances and might have made his own assessment as to whose favor the verdict would go. He said,“I had met Abu Moosa and Umro separately I feel from Abu Moosa’s talk that he wants to remove Ali (a.s) from the caliphate and hand over to such a person who have kept away from fights. His ideal is that only those persons will be beneficial for the people who had not sided with any of the two contending groups nor their hands were red with the blood of the Muslims. I think his leaning is more towards Abd Allah ibne Omer and you know the bent of mind of Umro ibne Aas. His point of view is diametrically opposite to that of Abu Moosa. He thinks that remaining neutral at the time of war id not justified. He himself wants to be the caliph or propmote his son, Abd Allah, to the position. He considers none else capable of holding the position than himself or his son!”
Muawiya was worried when he heard this. When he established contact with Umro he removed the doubts from the mind of Muawiya
Before declaring the verdict, the referees had to arrive at a mutually acceptable solution. Therefore, they sat at a predetermined place and the discussion started. Umro ibne Aas told to Abu Moosa, “What is your opinion about Othman? Was he killed as an oppressed person? “Abu Moosa said, “Yes! He was assassinated as an oppressed person and his killing cannot be justified.!” Umro said, “Muawiya is his successor and inheritor, and the Quran says:
“Wa man Qatl mazlooma faqd ja alna lawalihe sultana.”
“When a person is killed in oppression We have given his Wali (successor) the right for the Qasas.”
Umro added,“Besides this, the superior pedigree that Muawiya has is not hidden from you. He was a Companion of the Prophet (s.a) and the writer in the Courto of the Nabi (s.a) and the brother of Umm al Momineen Umme Habiba. We should keep these points in mind when we arrive at a decision about the verdict. You also know that the benefit that would accrue if he gets the position, they cannot be expected from anyone else.”
After hearing Umro, Abu Moosa said,“When you say that Muawiya is Othman’s ‘Wali’, it is not tenable with the sons of the deceased being around. Othman’s ‘wali’ is his son Umro. How will it be possible for us to overlook the early Mohajirs and nominate a person as caliph who neither has precedence in acceptance of Islam nor he has any apparent superiority in him to qualify for the position. You speak of his pedigree. If we make that the yardstick for the selection of the caliph, we must look for the progeny of Abraha ibne Sabah because he will be from the descendants of the kings who were ruling the entire East and the West of the world! As far as the questions of benefits are concerned, I cannot take bribes and sell myself! In my opinion the most suitable person for the caliphate is abd Allah ibne Omer! We can perpetuate the name of Hazrat Omer by bringing him to the caliphate.”
Umro said,“In that case, my son Abd Allah would be an ideal candidate. He is a man of learning and pietyand has also been a companion of the Prophet (s.a) and also he had the privilege of Migrating when the Prophet (s.a) ordered movement of the Muslims to Madina!”
Abu Moosa said,“but his hands are red with the blood of Muslims! He had participated with you in the unnecessary battles! I still think that Abd Allah ibne Omer is the best candidate because he has kept away from conflicts and internecine wars.”
Umro said,“Power can be vested in a person who not only takes care of himself, but has concern for the needs of others as well.”
Abu Moosa said,“The Muslims have entrusted to us this matter to us after a bloody war. We shall have to address the issue with due diligence and care, lest some new problem raises its head.’ Umro said, “Then, tell me what we shall do?”
Abu Moosa said,“I have one idea in my mind. We shall depose both Muawiya and Ali (a.s) and leave the choice to the Muslims to decide on the most suitable candidate to be their caliph.through a Shura.”
Umro said,“Rhis suggestion is nt bad. I agree with it.”
Therefore, both the referees decided to announce this to the delegates.
When both the referees separated after the meeting, Ibne Abbas told to Abu Moosa,“O Abu Moosa! I feel that the decision you have mutually arrived at , Umro will not abide by that. He is a very cunning person and will certainly trick you. Therefore when the time for the announcement came, you must ask him to talk first and then you must make your announcement. If you don’t take this caution, remember, he will trick you in such a manner that you will not be in a position to show your face to anyone. Abu Mossa, the matter on which we have reached unanimity of opinion, in that there is no chance of trickery or deceit. When the day following the meeting, the referees and all the observers from Iraq and Syria assembled in the Jama Masjid , Umro told to Abu Moosa, “You make the first announcement.”
Umro was, throughout these negotiations, giving precedence to Abu Moosa as if he was doing it in deference to the age of the person. Because of his simplicity, Abu Musa was getting carried away. He neglected the advice of Ibne Abbas and very humbly got up and went to the podium. He first delivered a sermon praising Allah and the Prophet (s.a). Then he addressed the crowd in these words,“In view of the welfare of the Ummat we have decided , after much deliberation, that we both shall depose Ali (a.s) and Muawiya and hand over the matter of the selection of the caliph to the Shura. Therefore I remove both Ali(a.s) and Muawiya from the positions they are holding.Now you can select anyone to be the head of the realm.”
This announcement was very shocking for the Iraqis. But they kept sitting with great patience to hear the same announcement reiterated by Umro ibne Ass. Umro stood at the podium and uttered some words of praise for Allah and said,“You have heard whatever Abu Moosa has said! He is the referee nominated by Ali (a.s). He has removed Ali (a.s) from his position! I too remove him in a similar manner. But I retain Muawiya because he is the “Wali”
of Othman and is seeking Qasas for his blood. He is deserving of being the successor of Othman!” At this statement the Syrians started shouting slogans of joy and the Iraqis were dumb-founded and looked at each other in surprise. The shouted at this treacherous announcement, but what had happened, had happened! Abu Moosa , who was responsible for what happened, was numbed with surprise at the deceit of Umro ibne Ass. He told to Umro,“May Allah take away the capabilities from you! You kept me in the darkness and had cheated me! You are like the dog which shivers and keeps its tongue out, whether you hit it or leave it!”
UMro too forgot all the good manners and respect for the old man that he was showing a while ago. He said:
“You are like the ass on whom books have been loaded!”
Ref: Akhbar al Tawal, Page 200
Sharih ibne Hani couldn’t control himself at this act of treachery and deceit and going forward he whipped Umro ibne Ass. He too picked up his baton. Some persons intervened and separated them. Sharih used to say after this event:
“I never repented for anything that instead of the whip, whydidn’t I use my sword on Umro!”
Ref: Tareeq e Kamil, Vol 3, Page 168
Abbas too very angrily told to Abu Moosa,“You have seen the result of not heeding my advice. It is none of your mistake! Only such things can be expected from you! It is the fault of those persons who, despite your incapability, nominated you for the very important task.”
Abd ar Rehman ibne Abu Bakr said:
“It would have been better for Abu Moosa if he died before that day!”
Ref: Tareeq e Kamil, Vol 3, Page 168
Similarly other persons too expressed their surprise and displeasure at the simplicity and vulnerability of Abu Moosa. But the arrow had been shot and who would go into the details of how the verdict was manipulated. The Syrians moved towards Damascus singing and dancing in procession. Reaching there congratulated Muawiya for the honor of caliphate that came his way! The Iraqis trudged towards Koofa sad and crestfallen. Abu Moosa too hid his shamed face and proceeded towards Madina!
Abu Moosa. and Umro had a binding that their verdict will be only according to the Quran and, if they were not able to arrive at a conclusive decision through the Book, then they could make access to the Sunnat of the Prophet (s.a). But none of the felt the need of making access to the Quran and the Sunnat According to which Verse of the Quran or the Tradition of the Prophet (s.a), Umro suggested the name of his son, Abd Allah, to be nominated as the caliph? Abu Moosa similarly proposed the name of abd Allah ibne Omer. They were both making proposals contrary to their terms of reference. When the early Mohajireen were alive, how could they come up with the names of much younger persons. These two persons didn’t have any superiority of piety and learning as well. The son of Ibne Aas is the person who, at first, warns his father not to go near Muawiya because of his greed for the world. Then he himself joins the ranks of Muawiya’s men and fights with Hazrat Ali (a.s) in the battle of Siffin. Abd Allah ibne Omer was the person whom his own father, Hazrat Omer, considered incapable of becoming the caliph because he was unaware of the the procedure and requirements for Talaq. When he constituted the Shura of six persons, he didn’t include the name of this son in the list. Then, what right had the referees to nominate a caliph? Or to depose Hazrat Ameer al Momineen (a.s) from the caliphate and hand it over to Muawiya? The people who crowded round Muawiya, had come to him for the purpose of seeking Qasas for Hazrat Othman’s blood.They participated in the war because Muawiya had drilled it into their minds that the responsibility for the assassination of Othman was on Hazrat Ali (a.s). They didn’t participate in the war to put Muawiya on the seat of the caliphate. But these referees totally forgot about the Qasas and made the caliphate the topic of discussion! The caliphate was neither in dispute nor had anything to do with Tahkeem. They should have discussed about the assasins of Hazrat Othman and should have decided whether Muawiya was entitled to claim Qasas for the blood of Othman or is it the right and duty of the center ? But when the minutes of this meeting are studied in detail, not a single reference has been made of the suspected assasins of Othman nor did they bother to mention about the Qasas. However Umro said once that Othman was assassinated in oppressive circumstances. And that Muawiya was his Wali and the claimant for Qasas. But then, this talk too ends up with the mention about the caliphate and it is used as Muawiya’s qualification for the caliphate. Ibne Hajr Makka, and the historians of his ilk, tried their best to prove that Muawiya’s heart was free of the greed for the caliphate. They have stressed that he wasn’t fighting for the caliphate and his battle was only for seeking the Qasas for the blood of Othman. Therefore he writes:
“The belief of Ahl e Sunnat wal Jamaat is that the wars fought between Muawiya and Ali (a.s) were not because Muawiya was fighting with Ali (a.s) for the caliphate. For the caliphate the Ijma (majority decision) was already there!”
Ref: Sawaiq Mohriqa, Page 216
If Ibne Hajar meant that Muawiya had no dispute with Hazrat Ali (a.s) about the caliphate, was accepting his caliphate, then it is only a shallow claim that has no proof. If he had accepted the caliphate of Ali (a.s), then what was the need to refuse owing allegiancve to him? Denying to wxtend one’s hand is Bai-at is certainly tantamount to denying acceptance of his caliphate. If he says that Muawiya was not aiming at elevating himself to the caliphate, the events of those days prove quite the contrary. If he wasn’t aiming at the caliphate, how could he fulfil his promise of giving the governorate of Egypt to Umro ibne Aas! On what strength Muawiya offered the governorate of Basra or Koofa to Ziyad ibne Khasfa, a commander of Hazrat Ali (a.s)’s army as a bribe?On what basis he offered Khorasan to Khalid ibne Maamar and Iraqain to Qeel ibne Saad. All these were the prerogative of the caliph, and Muawiya was angling for that position. It is clear all these promises could have been met only after assuming the seat of Caliphate! All these conflicts were the precursor of the ambition to establish the Umawi hegemony!
Muawiya’s came about gainst the“Ijma”
and because of the treachery of Umro ibne Aas. It was decided by both the referees that both Ali (a.s) and Muawiya must be deposed from their positions. But Umro contravened tha understanding and announced that Umro ibne Aas upheld the removal of Hazrat Ali (a.s) and announced that Muawiya wasn’t deposed from his position. A caliphate that was based on this treacherous act is compared with the caliphate that had the Ijma of the people is something ridiculous that has happened in the annals of the history of Islam. In the view of the scholars of the Ahl al Sunnat, when there is one caliph in position, there can’t be Bai-at for the selection of another person in his place.In fact there are several traditions of the Prophet (s.a) in this regard:
“When a situation arise that there is Bai-at for two caliphs, kill the latter claimant.”
Ref: Jameh al Usool, Vol 4, Page 442
The part played by Abu Moosa about Tahkeem cannot be expected of a person with average intelligence. First he tried to place Ali (a.s) and Muawiya at the same level made the move of deposing both from their positions. This would mean that both were equal and claimants for the caliphate and that he had been entrusted the duty to make a decision about that! However there was no question of deposing Muawiya wasn’t there because he was neither a caliph nor the candidate for the position! Hazrat Ameer al Momineen (a.s)’s caliphate was having the Ijma of the people of Hejaz, Egypt, Yemen, Khorasan and his selection was also backed by the Senior Companions of the Prophet (s.a). Treating them on par in the matter of the caliphate is something very ridiculous. If this wasn’t the result of the Umawi intrigtue, then what was it? Hazrat Ameer al Momineen (a.s) knew this and therefore he was opposing the nomination of Abu Moosa as the referee. He had also experienced his actions during the Battle of Jamal as well. This responsibility too goes to the weak shoulders of the persons who insisted on his selection although they knew that Abu Moosa carried hatred against the Imam (a.s ) in his heart.
Abu Moosa also knew that in theevent of Hazrat Ali (a.s) succeeding, he wouldn’t get any benefits from him. However, success of Muawiya would bring him some position of importance or other. Therefore, When Muawiya came to power, Abu Moosa wore a big cap and addressed him with the appellation, “As salam alaik ya ameen Alla. Muawiya understood that he had come to get the gratification for his services. When he was out of sight, Muawiya told to his courtiers:
“This reverend old man has come that I appoint him governor to some province. But, by Allah! I shall not give him any position!”
Ref: Tareeq e Tabari, Vol 4, Page 245
Because of the lopsided decision on the Tahkeem the differences remained as they were. In fact It gave rise to a second front against him in the shape of the Khawarij---on one side was Syria and on the other the mischief of the Khawarij!
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Author: MUFTI JAFFER HUSSAIN
