Islam Guidance

Further injustices perpetrated against Sayyida Fatima (as)

Tragically the usurpation of Fadak was not the only injustice that Sayyida Fatima (S.A) suffered at the hands of the Shaykhayn. This chapter shall set out two further injustices.

First Injustice – The usurpation of Khums

The right of Banu Hashim to Khums has been proven from the Qur’an

Allah (S.W.T) says:

Know that whatever of a thing you acquire, a fifth of it is for Allah, for the Messenger, for the near relative, and the orphans and the needy and the wayfarer…

Al-Qur’an, Surah 8, Ayah 41, translated by Yusufali

The Ahle Sunnah have acknowledged that ‘Qurba’ in this verse refers to Banu Hashim. Suyuti in his commentary of this verse, in Tafseer Durre Manthur, Volume 4 page 69 stated:

Jubair bin Mutem narrated: ‘Allah’s Messenger gave the share of the kinsmen to Bani Hashim and Bani Abdulmutalib’

Similarly we read in Aysar al-Tafasir by Abu Bakr al-Jazaeri, Volume 2 page 604:

“Kinsmen means the close relatives of Allah’s Messenger and they are Banu Hashim and this is the opinion of Malik, while Shafiyee and Ahmad added Bani al-Mutalib”

We read in Al-Tafir al-Muyasar by Ayedh al-Qarni, page 222:

“The share of Allah’s Messenger’s kinsmen goes to Bani Hashim and Bani al-Mutalib”

Sunni scholars have also acknowledged that the reference to orphans and needy in this verse refers to the orphans and needy from Banu Hashim. As proof we have relied on the following Sunni sources:

Tafseer Gharaib al Quran, page 6

Tafseer Fatah ul Qadeer Volume 2 page 449

We read in Fatah al Qadeer:

روي عن زين العابدين علي بن الحسين أنه قال : إن الخمس لنا فقيل له : إن الله يقول : { واليتامى والمساكين وابن السبيل } فقال : يتامانا ومساكيننا وأبناء سبيلنا

It has been narrated from Zain al-Abdeen Ali bin al-Hussain that he said: ‘The khums is for us’. They said to him: ‘But Allah says ‘{the orphans, the needy and the wayfarer}’.’ He (Zain al-Abdeen) replied: ‘Our orphans, needy and wayfarer’.

Abu Bakr prohibited giving a portion of Khums to the orphans and needy from Banu Hashim

As proof we realy on Tafsir al-Kashaf, Volume 1 page 459:

وروي أن أبا بكر رضي الله عنه منع بني هاشم الخمس

“It has been narrated that Abu Bakr [ra] prohibited giving Banu Hashim Khums”.

Similarly we read in Tafseer Ruh al-Maani, Volume 2 page 11:

وروي عن أبي بكر رضي الله تعالى عنه أنه منع بني هاشم الخمس

“It has been narrated that Abu Bakr [ra] prohibited giving Banu Hashim Khums”.

Abu Bakr stopped giving Khums to the orphans and needy of Banu Hashim in violation to the Sunnah of Rasulullah (P.B.U.H&H.P), Sayyida Fatima (S.A) was angered at Abu Bakr’s denial of Khums in the same way she was upset at his confiscating the land of Fadak. She made a claim before Abu Bakr as a needy close relative of Rasulullah (P.B.U.H&H.P) and Abu Bakr rejected this. We read in Kanz al Ummal, Volume 5 page 580 Tradition 14108:

“Um Haani bin Abi Talib narrated that Fatima went to Abu Bakr asking him for the share of kinsmen, thus Abu Bakr replied: ‘I heard Allah’s messenger (P.B.U.H&H.P) saying: ‘The share of kinsmen is for them only during my life time not after my death”.

This blanket prohibition on Khums has also been acknowledged by Shaykh of the Salafis Nasiruddin al-Albaani in his ‘Sahih Sunnan Abu Dawoud’ Volume 2 page 576 recorded the following ‘Sahih’ narration:

Jubayr ibn Mut’im narrated that he and Uthman ibn Affan went to the Messenger of Allah to complain about his method of distributing Khums, only between Banu Hashim and Banu Abdul Mutalib. I (Jubayr) said: “O Messenger of Allah, why do you give from the Khums to Banu Hashim and Banu Abdul Mutalib and you give us nothing while we are equal with them in being related to you?” The Messenger of Allah replied “Only the Banu Hashim and Banu AbdulMutalib are equal in relationship with me!”

Jubayr said: He never gave any share of the Khums to Banu Abd Shams and Banu Nawfil as he did to Banu Hashim and Banu AbdulMutalib. Abubakr used to distribute Khums in this manner too, except that he did not give the close relatives of the Messenger of Allah what the Messenger of Allah used to give to them. Umar and Uthman used to give him some of it however.

These references evidence Abu Bakr’s willingness to depart from the Sunnah of the Prophet (P.B.U.H&H.P) by dispossessing the near relatives of the Prophet (P.B.U.H&H.P) of their right to Khums. What gave Abu Bakr the right to discriminate against the blood relatives of the Prophet (P.B.U.H&H.P) in such a manner?

Umar also prohibited giving Banu Hashim any Khums

As evidence we shall rely on the following esteemed Sunni works:

Sunan Abu Dawood, Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai’ Wal-Imarah) Book 19, Number 2976:

Sahih Muslim Bab Ghazwa thal Nisa ma al Rijjal Volume 2 page 104

We read in Sunan Abu Dawood:

Narrated Abdullah ibn Abbas:

Yazid ibn Hurmuz said that when Najdah al-Haruri performed hajj during the rule of Ibn az-Zubayr, he sent someone to Ibn Abbas to ask him about the portion of the relatives (in the fifth). He asked: For whom do you think? Ibn Abbas replied: For the relatives of the Apostle of Allah (peace_be_upon_him). The Apostle of Allah (peace_be_upon_him) divided it among them. Umar presented it to us but we found it less than our right. We, therefore returned it to him and refused to accept it.

The comments of Allamah Shibli Numani are indeed worthy of note in this regard. He states in his classical work ‘al Farooq’ Volume 2 page 277:

“It is said of Omar that he did not at all hold the relatives of the Holy Prophet to be entitled to any share in the Fifth and never gave any member of the Prophet’s family any share in it. Of the founders of the schools of law, Imam Abu Hanifa too, did not believe that the near of kin had any right to the Fifth”.

After this, Numani fails in his passionate defence of his role model’s actions, although here is not the place to refute each and every point, what we are seeking to prove is that Umar blatantly changed the Sunnah of Rasulullah (P.B.U.H&H.P) in this regards, for we have the admission of Numani in ‘al Farooq’ Volume 2 page 279:

“1. From among the near of kin, the Holy Prophet used to give shares only to the Hashemite and the Muttlabalites. Ta Bani Naufal and Bani ‘Abd Shams, though they were included in the ‘near of kin’ he never gave anything, though they demanded it”

If the edicts of the Qur’an are applicable until the Day of Judgement, then how can the share of Rasulullah (P.B.U.H&H.P) and his decendants become invalid after him, when this command is still in the Holy Qur’an? This is just a further example of the lengths that the Shaykhayn went to financially cripple the Ahl’ul Bayt (A.S). The prejudicial manner in which they were treated becomes all the more clear from the next two examples…

Source: Shia Pen

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