Malik bin Aws said, I was sitting with my family when the day had grown well advanced, and suddenly a messenger from Umar bin Khattab came to me and said, "Answer the summons of the Commander of the Faithful."So I went with him until I was brought in before Umar. There he was, seated on the bare palm-fiber webbing of a bedframe with no mattress between him and it, leaning on a leather cushion. I greeted him and then sat down.He said, "Mal, some people of your tribe, a few households, have come to us, and I have ordered a small allowance for them. Take charge of it and distribute it among them."I said, "Commander of the Faithful, would you not entrust it to someone other than me?"He said, "Take charge of it, man."While I was sitting with him, his doorkeeper Yarfa came in and said, "Will you receive Uthman, Abdul-Rahman bin Awf, Zubayr, and Saad bin Abu Waqqas? They are asking permission to enter."Umar said, "Yes."So he admitted them. They came in, greeted him, and sat down. Yarfa waited a little, then said, "Will you receive Ali and Abbas?"He said, "Yes."So he admitted them both. They came in, greeted him, and sat down.Abbas said, "Commander of the Faithful, judge between me and this man," for the two of them were in dispute over what Allah had granted His Messenger ﷺ from the property of Banu Nadir.The group, Uthman and his companions, said, "Commander of the Faithful, judge between them and relieve each of them of the other."Umar said, "Gently now. I adjure you by Allah, by whose permission the heavens and the earth stand firm, do you know that the Messenger of Allah ﷺ said, 'We are not inherited from. What we leave behind is charity,' meaning himself?"The group said, "He did say that."Then Umar turned to Ali and Abbas and said, "I adjure you both by Allah, do you know that the Messenger of Allah ﷺ said that?"They said, "He did say that."Umar said, "Then let me tell you about this matter. Allah singled out His Messenger ﷺ with something from this spoil that He gave to no one else." Then he recited, "And whatever Allah restored to His Messenger from them" up to His words "capable" [Hashr 59:6]. "So this was exclusively for the Messenger of Allah ﷺ. Yet by Allah, he did not hoard it away from you, nor did he keep it for himself at your expense. He gave it to you and spread it among you until only this property remained of it. The Messenger of Allah ﷺ used to spend on his family their yearly provision from this property, then take what was left and apply it where Allah's wealth is applied. The Messenger of Allah ﷺ acted in this way throughout his life. I adjure you by Allah, do you know that?"They said, "Yes."Then he said to Ali and Abbas, "I adjure you both by Allah, do you know that?"They said, "Yes."Umar continued, "Then Allah took His Prophet ﷺ to Himself, and Abu Bakr said, 'I am the successor of the Messenger of Allah ﷺ.' So Abu Bakr took charge of it and handled it exactly as the Messenger of Allah ﷺ had handled it, and Allah knows that in this he was truthful, dutiful, rightly guided, and a follower of the truth. Then Allah took Abu Bakr to Himself, and I became the successor of Abu Bakr. I took charge of it for two years of my rule, handling it as the Messenger of Allah ﷺ had handled it and as Abu Bakr had handled it, and Allah knows that in this I have been truthful, dutiful, rightly guided, and a follower of the truth."Then the two of you came to me and spoke to me. Your speech was one and the same and your case was one and the same. You came to me, Abbas, asking for your share from your brother's son, and this man came to me, meaning Ali, seeking his wife's share from her father. I said to you both that the Messenger of Allah ﷺ said, 'We are not inherited from. What we leave behind is charity.' Then when it seemed right to me to hand it over to you, I said, 'If you both wish, I will hand it over to you on the condition that you take upon yourselves Allah's covenant and pledge that you will handle it as the Messenger of Allah ﷺ handled it, and as Abu Bakr handled it, and as I have handled it since I took charge of it.' You both said, 'Hand it over to us,' and on that basis I handed it over to you."I adjure you by Allah, did I hand it over to them on that basis?"The group said, "Yes."Then he turned to Ali and Abbas and said, "I adjure you both by Allah, did I hand it over to you on that basis?"They said, "Yes."He said, "So do you now seek some other ruling from me? By Allah, by whose permission the heavens and the earth stand firm, I will give no ruling on it other than that. If the two of you cannot manage it, then hand it back to me and I will take care of it for you."
بينا أنا جالس في أهلي حين متع النهار إذا رسول عمر بن الخطاب يأتيني فقال: أجب أمير المؤمنين فانطلقت معه حتى أدخل على عمر، فإذا هو جالس على رمال سرير ليس بينه وبينه فراش متكئ على وسادة من أدم فسلمت عليه، ثم جلست فقال: يا مال إنه قدم علينا من قومك أهل أبيات وقد أمرت فيهم برضخ فاقبضه، فاقسمه بينهم فقلت: يا أميرالمؤمنين لو أمرت به غيري قال: اقبضه أيها المرء فبينا أنا جالس عنده أتاه حاجبه يرفا فقال: هل لك في عثمان وعبد الرحمن بن عوف والزبير وسعد بن أبي وقاص يستأذنون؟ قال: نعم فأذن لهم فدخلوا فسلموا وجلسوا ثم جلس يرفا يسيرا ثم قال: هل لك في علي وعباس قال نعم فأذن لهما فدخلا فسلما فجلسا فقال عباس: يا أمير المؤمنين اقض بيني وبين هذا- وهما يختصمان- فيما أفاء الله على رسوله ﷺ من مال بني النضير فقال الرهط عثمان وأصحابه: يا أمير المؤمنين اقض بينهما وأرح أحدهما من الآخر قال عمر: تيدكم أنشدكم بالله الذي بإذنه تقوم السماء والأرض هل تعلمون أن رسول الله ﷺ قال: لا نورث ما تركنا صدقة يريد رسول الله ﷺ نفسه؟ قال الرهط: قد قال ذلك فأقبل عمر على علي وعباس فقال: أنشدكما الله أتعلمان أن رسول الله ﷺ قد قال ذلك؟ قالا: قد قال ذلك. قال عمر: فإني أحدثكم عن هذا الأمر، إن الله قد خص رسوله ﷺ في هذا الفيء بشيء لم يعطه أحدا غيره ثم قرأ {وما أفاء الله على رسوله منهم} إلى قوله {قدير} فكانت هذه خالصة لرسول الله ﷺ، والله ما احتازها دونكم ولا استأثر بها عليكم قد أعطاكموها وبثها فيكم حتى بقي منها هذا المال، فكان رسول الله ﷺ ينفق على أهله نفقة سنتم من هذا المال، ثم يأخذ ما بقي، فيجعله مجعل مال الله فعمل رسول الله ﷺ بذلك حياته أنشدكم بالله هل تعلمون ذلك؟ قالوا: نعم ثم قال لعلي وعباس: أنشدكما بالله هل تعلمان ذلك؟ قال عمر: ثم توفى الله نبيه ﷺ فقال أبو بكر: أنا ولي رسول الله ﷺ فقبضها أبو بكر فعمل فيها بما عمل رسول الله ﷺ والله يعلم إنه فيهالصادق بار راشد تابع للحق ثم توفى الله أبا بكر فكنت أنا ولي أبي بكر فقبضتها سنتين من إمارتي أعمل فيها بما عمل رسول الله ﷺ وما عمل فيها أبو بكر والله يعلم إني فيها لصادق بار راشد تابع للحق ثم جئتماني تكلماني وكلمتكما واحدة وأمركما واحد جئتني يا عباس تسألني نصيبك من ابن أخيك وجاءني هذا- يريد عليا- يريد نصيب امرأته من أبيها فقلت لكما إن رسول الله ﷺ قال: لانورث ما تركنا صدقة. فلما بدا لي أن أدفعه إليكما قلت: إن شئتما دفعتها إليكما على أن عليكما عهد الله وميثاقه لتعملان فيها بما عمل فيها رسول الله ﷺ وبما عمل فيها أبو بكر وبما عملت فيها منذ وليتها فقلتما: ادفعها إلينا فبذلك دفعتها إليكما فأنشدكم بالله هل دفعتها إليهما بذلك؟ قال الرهط: نعم ثم أقبل على علي وعباس فقال: أنشدكما بالله هل دفعتها إليكما بذلك؟ قالا: نعم قال: فتلتمسان مني قضاء غير ذلك، فوالله الذي بإذنه تقوم السماء والأرض لا أقضي فيها قضاء غير ذلك، فإن عجزتما عنها فادفعاها إلي فإني أكفيكماها.
Bukhari narrated it in the chapter on the obligation of the fifth (3094) from Ishaq bin Muhammad Farawi, who said, Malik bin Anas told us, from Ibn Shihab, from Malik bin Aws bin Hadathan, and he related it. Muslim narrated it in the book of jihad and expeditions (1757:49) through the hadith of Juwayriyah, from Malik with his chain of transmission. This hadith does not appear in Muwatta in the narration of Yahya Laythi or others, and in Muslim's narration there are some additions.Such as the statement of Abbas, "O Commander of the Believers, judge between me and this liar, sinner, betrayer, and traitor." And such as the statement of Abu Bakr, "When the Messenger of Allah ﷺ passed away, Abu Bakr said, 'I am the guardian of the Messenger of Allah ﷺ.' Then you two came, one of you seeking your inheritance from your nephew, and the other seeking his wife's inheritance from her father. So Abu Bakr said, the Messenger of Allah ﷺ said, 'We leave no inheritance, what we leave behind is charity.' So you both considered him a liar, a sinner, a betrayer, and a traitor, while Allah knows that he was truthful, righteous, rightly guided, and a follower of the truth. Then Abu Bakr passed away, and I became the guardian of the Messenger of Allah ﷺ and the guardian of Abu Bakr, and you both considered me a liar, a sinner, a betrayer, and a traitor, while Allah knows that I am righteous, rightly guided, and a follower of the truth. So I took charge of it."Maziri said, "This wording that came from Abbas does not befit someone like him. Far be it from Ali that any of these qualities should be found in him, let alone all of them, or even that he should be touched by them. We do not affirm infallibility with certainty for anyone except the Prophet ﷺ or those for whom it has been specifically attested. But we are commanded to think well of the companions, may Allah be pleased with all of them, to deny every vice from them, and to attribute the fabrication to those who narrated it from them, whenever the paths of interpretation are closed. Some people have carried this view so far as to remove from their copies what occurs in this hadith of this wording, and what follows it in the same vein, out of caution against affirming such a thing, perhaps attributing the error to its narrators."But if this wording must be affirmed, and the error cannot be attributed to its narrators, then the best interpretation is that it came from Abbas as a way of asserting authority over his nephew, since in law he stood in the position of a father to him. He said regarding him what he did not truly believe and what he knew his nephew was innocent of, perhaps intending thereby to deter and restrain him from what he believed him to be mistaken in. Or these descriptions occurred to him according to his own doctrine without his specifically intending them, while Ali
held a different interpretation on the matter. It is as if he were saying, 'According to a certain view, had this been done intentionally, it would fall under such a description,' even though, according to Ali, it would not necessarily follow from his own doctrine that he had fallen into it. This is like a Maliki saying about a man who drank nabidh, 'In my view he is deficient in religion and has forfeited his integrity,' which would be correct speech according to his own school, even though a Hanafi believes that he has done something permissible that neither corrupts his manliness nor forfeits his integrity."One proof that this is the approach followed in such interpretation, or something along these lines, is that there was a gathering attended by Umar bin Khattab
, who was the Commander of the Believers, known for his strictness regarding legal punishments and matters of honor, and for his distance from flattery to a degree that surpassed other people. Present in that gathering were Uthman, Abdul-Rahman bin Awf, Zubayr, and Saad, may Allah's approval be upon them. Umar then said what he said, and no one there objected to it, nor did Umar himself restrain it, though he was the caliph responsible for safeguarding people's honor. This can only be explained, as we have interpreted, by the fact that they understood from the context that he was saying something he did not actually believe, as an exaggeration meant to restrain Ali
, adding that he held the standing of a father toward him, and a father should not be treated on equal footing in matters of honor. This, in my view, is the correct way to interpret what occurred here."Likewise, the statement of Umar, 'You two came to Abu Bakr,' and what he mentioned that Abu Bakr said to them, followed immediately by, 'So you considered him a liar, a sinner, a betrayer, and a traitor,' and likewise what he said about himself, that they regarded him in the same way, the interpretation of this is similar to what preceded. What is meant is, 'You two believe that what should have been done in this matter is contrary to what Abu Bakr and I did. So, by the logic of your own position, had we done what we did while holding the beliefs you hold, we would deserve these descriptions.' Or it may mean that a leader is only opposed when he possesses such qualities and is suspected in his rulings, so your opposition to us gave those who witnessed it the impression that you held such beliefs about us. This is the best interpretation of what is attributed to them
."As for the excuse offered regarding Ali and Abbas
returning repeatedly to the two caliphs despite the statement of the Prophet ﷺ, 'We leave no inheritance, what we leave behind is charity,' and Umar's affirmation to them both that they knew this, the best explanation offered is what some scholars have said, that the two of them requested that it be divided between them in half, so that each could benefit from his share in the way a leader would benefit from it if he administered it himself. Umar disliked applying the term 'division' to it, lest people, with the passage of time, come to think it was inheritance, and that the Prophet ﷺ had left an inheritance, especially since the division of an inheritance between a paternal uncle and a daughter would be in halves. This would make the correspondence between the law and what occurs by coincidence and independent reasoning one of the strongest sources of confusion and false impression, suggesting that the Prophet ﷺ left an inheritance from what he left behind. Even though, from both of them and from Fatimah
before that, there was something suggesting that they had requested ownership, perhaps this was before they heard the report, 'We leave no inheritance.'"Among what supports what we have said is what Abu Dawud stated, that there is no disagreement regarding Ali
, that when the caliphate came to him, he did not change its status from being charity. Saffah argued along similar lines."Ibn Arabi said, "When Saffah delivered the first sermon he gave, a man stood up before him with a copy of the Quran hanging around his neck and said, 'I appeal to you by Allah, judge between me and my opponent by this Quran.' Saffah asked, 'Who is he?' The man said, 'Abu Bakr, regarding his refusal to give me Fadak.' Saffah asked, 'Did he wrong you?' The man said, 'Yes.' Saffah asked, 'And after him?' The man said, 'Umar.' Saffah asked, 'Did he wrong you?' The man said, 'Yes.' He said the same regarding Uthman. Then Saffah asked him about Ali, 'Did he wrong you?' The man fell silent, so Saffah rebuked him harshly." This is how Ibn Arabi related it, or something close to it.Mulim bi-Fawaid Muslim (3/16-18)Abu Ubayd narrated it in Amwal (41) from Ismail bin Ibrahim, from Ayub, from Ikrima bin Khalid, from Malik bin Aws bin Hadathan, from Umar bin Khattab, similar to the hadith we mentioned regarding the statements of Abbas and Ali, with an addition at the end of his account. Part of it comes from Ayub, from Zuhri, from Malik bin Aws bin Hadathan, from Umar, similar to the hadith we mentioned. He said, "Then Umar recited, "Know that whatever spoils of war you take, a fifth of it belongs to Allah, and to the Messenger, and to close relatives, and orphans, and the needy, and the traveler" [Anfal 8:60], 'this is for these.' "Charity is only for the poor and the needy, and those employed to collect it, and those whose hearts are to be reconciled, and for freeing captives, and for those in debt, and for the cause of Allah, and for the traveler" [Tawbah 9:60], 'this is for those.' "Whatever Allah has bestowed upon His Messenger from the people of the towns belongs to Allah, and to the Messenger, and to close relatives, and orphans, and the needy, and the traveler" [Hashr 59:7], 'and for the poor emigrants,' or he said, "for the poor emigrants who were expelled from their homes and their properties" [Hashr 59:8], "and those who gave them shelter and aid, and were believers before them" [Hashr 59:9], "and those who came after them" [Hashr 59:10]."He said, 'So this verse encompassed all the people, and no Muslim remained without a right in it,' or he said, 'a share, except some of those you own among your slaves. If I live, Allah willing, every Muslim will be given his right,' or he said, 'his share, even the shepherd tending his flock in the highlands of Himyar, whose brow has never broken a sweat over it.'"Nasai also narrated it (4148) through the route of Ayub from Ikrima bin Khalid, then said, "Zuhri said," and mentioned the noble verse. Abu Dawud narrated it (2966) through the route of Ayub, from Zuhri, who said, "Umar said," and related the hadith. So neither of them properly established the chain through Zuhri, while Abu Ubayd did establish it.