Judgments (Ahkaam)
كتاب الأحكام
Chapter 42: The courtiers and advisers of the Imam
The Prophet (ﷺ) said, "Allah never sends a prophet or gives the Caliphate to a Caliph but that he (the prophet or the Caliph) has two groups of advisors: A group advising him to do good and exhorts him to do it, and the other group advising him to do evil and exhorts him to do it. But the protected person (against such evil advisors) is the one protected by Allah.' "
Chapter 43: How do the people give the Bai'a to the Imam
We gave the oath of allegiance to Allah's Messenger (ﷺ) that we would listen to and obey him both at the time when we were active and at the time when we were tired and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers. (See Hadith No. 178 and 320)
The Prophet (ﷺ) went out on a cold morning while the Muhajirin (emigrants) and the Ansar were digging the trench. The Prophet (ﷺ) then said, "O Allah! The real goodness is the goodness of the Here after, so please forgive the Ansar and the Muhajirin." They replied, "We are those who have given the Pledge of allegiance to Muhammad for to observe Jihad as long as we remain alive."
Whenever we gave the Pledge of allegiance to Allah's Messenger (ﷺ) for to listen to and obey, he used to say to us, for as much as you can."
I witnessed Ibn `Umar when the people gathered around `Abdul Malik. Ibn `Umar wrote: I gave the Pledge of allegiance that I will listen to and obey Allah's Slave, `Abdul Malik, Chief of the believers according to Allah's Laws and the Traditions of His Apostle as much as I can; and my sons too, give the same pledge.'
I gave the Pledge of allegiance to the Prophet (ﷺ) that I would listen and obey, and he told me to add: 'As much as I can, and will give good advice to every Muslim.'
When the people took the oath of allegiance to `Abdul Malik, `Abdullah bin `Umar wrote to him: "To Allah's Slave, `Abdul Malik, Chief of the believers, I give the Pledge of allegiance that I will listen to and obey Allah's Slave, `Abdul Malik, Chief of the believers, according to Allah's Laws and the Traditions of His Apostle in whatever is within my ability; and my sons too, give the same pledge."
I said to Salama, "For what did you give the Pledge of allegiance to the Prophet (ﷺ) on the Day of Hudaibiya?" He replied, "For death."
The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. `Abdur-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you." So all of them agreed to let `Abdur-Rahman decide the case. So when the candidates placed the case in the hands of `Abdur-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. So the people followed `Abdur-Rahman and consulted him all those nights till there came the night we gave the oath of allegiance to `Uthman. Al-Miswar (bin Makhrama) added: `Abdur-Rahman called on me after a portion of the night had passed and knocked on my door till I got up, and he said to me, "I see you have been sleeping! By Allah, during the last three nights I have not slept enough. Go and call Az-Zubair and Sa`d.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him till very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but `Abdur-Rahman was afraid of something concerning `Ali. `Abdur-Rahman then said to me, "Call `Uthman for me." I called him and he kept on speaking to him privately till the Mu'adh-dhin put an end to their talk by announcing the Adhan for the Fajr prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, `Abdur-Rahman sent for all the Muhajirin (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, `Abdur- Rahman said, "None has the right to be worshipped but Allah," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to `Uthman, so you should not incur blame (by disagreeing)." Then `Abdur-Rahman said (to `Uthman), "I gave the oath of allegiance to you on condition that you will follow Allah's Laws and the traditions of Allah's Apostle and the traditions of the two Caliphs after him." So `Abdur-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirin (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims.
Chapter 44: Whosoever gave the Bai'a twice
We gave the oath of allegiance to the Prophet (ﷺ) under the tree. He said to me, "O Salama! Will you not give the oath of allegiance?" I replied, "O Allah's Messenger (ﷺ)! I have already given the oath of allegiance for the first time." He said, (Give it again) for the second time.
Chapter 45: The giving of the Bai'a by the bedouins
A bedouin gave the Pledge of allegiance to Allah's Messenger (ﷺ) for Islam and the bedouin got a fever where upon he said to the Prophet (ﷺ) "Cancel my Pledge." But the Prophet (ﷺ) refused. He came to him (again) saying, "Cancel my Pledge.' But the Prophet (ﷺ) refused. Then (the bedouin) left (Medina). Allah's Apostle said: "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good."
Chapter 46: The Bai'a of a child
who was born during the lifetime of the Prophet (ﷺ) that his mother, Zainab bint Humaid had taken him to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! Take his Pledge of allegiance (for Islam)." The Prophet (ﷺ) said, "He (`Abdullah bin Hisham) is a little child," and passed his hand over his head and invoked Allah for him. `Abdullah bin Hisham used to slaughter one sheep as a sacrifice on behalf of all of his family.
Chapter 47: Whoever gave the Bai'a and then cancelled it
A bedouin gave the Pledge of allegiance to Allah's Messenger (ﷺ) for Islam. Then the bedouin got fever at Medina, came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! Cancel my Pledge," But Allah's Apostle refused. Then he came to him (again) and said, "O Allah's Messenger (ﷺ)! Cancel my Pledge." But the Prophet (ﷺ) refused Then he came to him (again) and said, "O Allah's Messenger (ﷺ)! Cancel my Pledge." But the Prophet (ﷺ) refused. The bedouin finally went out (of Medina) whereupon Allah's Messenger (ﷺ) said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good.
Chapter 48: The person who gives Bai'a just for worldly benefits
Allah's Messenger (ﷺ) said, "There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: They are, (1) a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. (2) a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge; (3) and a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price." (See Hadith No. 838, Vol. 3)
Chapter 49: The Bai'a given by women
Allah's Messenger (ﷺ) said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet (ﷺ) added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)
The Prophet (ﷺ) used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse:--(60.12) "..that they will not associate anything in worship with Allah." (60.12) And the hand of Allah's Messenger (ﷺ) did not touch any woman's hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).
We gave the Pledge of allegiance to the Prophet (ﷺ) and he recited to me the verse (60.12). That they will not associate anything in worship with Allah (60.12). And he also prevented us from wailing and lamenting over the dead. A woman from us held her hand out and said, "Such-and-such a woman cried over a dead person belonging to my family and I want to compensate her for that crying" The Prophet did not say anything in reply and she left and returned. None of those women abided by her pledge except Um Sulaim, Um Al-`Ala', and the daughter of Abi Sabra, the wife of Al-Mu`adh or the daughter of Abi Sabra, and the wife of Mu`adh.
Chapter 50: Whoever violates a Bai'a
A bedouin came to the Prophet (ﷺ) and said, "Please take my Pledge of allegiance for Islam." So the Prophet took from him the Pledge of allegiance for Islam. He came the next day with a fever and said to the Prophet (ﷺ) "Cancel my pledge." But the Prophet (ﷺ) refused and when the bedouin went away, the Prophet said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good."
Chapter 51: The appointment of a caliph
`Aisha said, "O my head!" Allah's Messenger (ﷺ) said, "If that (i.e., your death) should happen while I am still alive, I would ask Allah to forgive you and would invoke Allah for you." `Aisha said, "O my life which is going to be lost! By Allah, I think that you wish for my death, and if that should happen then you would be busy enjoying the company of one of your wives in the last part of that day." The Prophet said, "But I should say, 'O my head!' I feel like calling Abu Bakr and his son and appoint (the former as my successors lest people should say something or wish for something. Allah will insist (on Abu Bakr becoming a Caliph) and the believers will prevent (anyone else from claiming the Caliphate)," or "..Allah will prevent (anyone else from claiming the Caliphate) and the believers will insist (on Abu Bakr becoming the Caliph).
It was said to `Umar, "Will you appoint your successor?" `Umar said, "If I appoint a Caliph (as my successor) it is true that somebody who was better than I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that somebody who was better than I (i.e., Allah's Messenger (ﷺ)) did so." On this, the people praised him. `Umar said, "People are of two kinds: Either one who is keen to take over the Caliphate or one who is afraid of assuming such a responsibility. I wish I could be free from its responsibility in that I would receive neither reward nor retribution I won't bear the burden of the caliphate in my death as I do in my life."