Abu Bakr’s should have accepted H. Fatimas claim without demanding witnesses

Sayyida Fatima was ‘Siddiqah’

Sayyida Fatima (as) was clear and firm in her claim, namely that Rasulullah (s) had given Fadak to her, and that she was entitled to her Share from Khayber and outskirts of Madina as Khums. She had a legal right to the property of Rasulullah (s).

Sayyida Fatima was convinced about the correctness of her opinion and did not believe that her truthfulness would be challenged. When witnesses were demanded she verified the truthfulness of her claim by producing the testimonies of Imam Ali (as), Imam Hassan (as), Imam Husayn (as), Umm Ayman, and Rabah the Servant of Rasulullah (s).

Why didn’t Abu Bakr accept the claim of Sayyida Fatima (as) in the first instance? Why did he ask for witness corroboration? If the court believes in the witness testimony, or that given by the claimant, then judgement can be passed. Additional witnesses are required to confirm the truthfulness of a claim, to convince a Judge. If a thing is truthful, then it remains true whether you have one witness or ten witnesses. The witness of a credible witness followed by many witnesses who are not as strong in no way weakens a case if the first witness’s credibility is proven. The Ulema of Islam have set conditions on the number of witnesses in general circumstances which refers to specific situations, but this does not apply where the Ruler has direct knowledge on a matter. Let us cite an example:

I am a Judge and I witness a man robbing another man, no other witnesses are present. Will I apply the Islamic penalty or shall I state ‘I demand two witnesses to verify what I saw’.Failure to do shall lead to me to dismiss the case’.

Witnesses are summoned as a matter of clarity, to arrive at a correct judgement. If a Judge does not have clear direct knowledge on matter then he can utilise reliance on witness testimony. Hadhrat Abu Bakr should have accepted Fatima’s belief in the correctness of her claim – after all Sunnis Fiqh stipulates that the testimony of one just Sahaba is all that is needed (Fathul Bari Volume 9 page 44). That is a general rule, but Sayyida Fatima (as)’s is far above that of any Sahaba, we read in Ahl’ul Sunnah’s authority work ‘Riyadh al Nadira’ Volume 3 page 220, Dhikr Fadail ‘Ali:

Rasulullah (s) said to ‘Ali ‘You have three virtues not possessed by anyone else
1. You have a father in law like me.
2. You have received my truthful daughter as your wife
3. You have received pious sons such as Hasan and Husayn

Comment

Three things are proven from this tradition

1. No one other than Maula ‘Ali (as) was the son in law of Rasulullah (s)
2. No descendents are superior to Hassan and Husayn
3. Other than ‘Ali (as) no one has a truthful wife

The tradition testifies to the truthfulness of Sayyida Fatima (as).

Sayyida Fatima (as) is the example of Maryam (as)

We read in Ahl’ul Sunnah’s authority work Kanz al Ummal Volume 6 page 219 Bab Fadail Min Qism al Kaul:

“Rasulullah said ‘the first to enter Paradise shall be Fatima as she is the example of Maryam for this Ummah”

Dr Tahir al Qadri in ‘Al Durr’athul Baydha fee Manaqib Fatima al Zahra (as)’ page 106 also recorded this narration from Kanz, counting it as one of her virtues.
 Al Duratul Baydha fee Manaqib Fatima al Zahra (as), Page 106

Comment

In this Hadeeth Rasulullah (s) has compared Sayyida Fatima (as) to Hadhrat Maryam (as) that confirms her status as Siddiqah and Batool.

The truthfulness of Sayyida Fatima (as) and Hadhrat Maryam (as) is proven from the Qur’an

We read in Surah Maida verse 75:

Christ the son of Mary was no more than a messenger; many were the messengers that passed away before him. His mother was a woman of truth.
Al-Qur’an, Surah 5, Ayah 75, translated by Yusufali

Comment

In the Hadeeth earlier we showed that Rasulullah (s) compared Sayyida Fatima (as) to Hadhrat Maryam (as) and the Qur’an confirms that Maryam (as) was Siddiqah as is the case with Hadhrat Fatima (as).

The testimony of Hadhrat Ayesha that Sayyida Fatima (as) was Siddiqah

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

1. al Mustadrak al Hakim, Volume 3 page 161
2. al Istiab, Volume 4 page 366
3. al Kamil fi Isma al Rijjal al Isab al Mushkwaath, page 29 Dhikr Fatima binte Rasul (printed Kanpur)
4. Hilayath al Awliya, Volume 2 page 42

Abdullah bin Zubair narrated from his father that whenever Ayesha mentioned Fatima the daughter of the Prophet, she used to say: ‘I never saw someone more truthful than her apart from the one that produced her (her father).’ 
 Al-Mustadrak al-Hakim, Vol. 3, page 160 & 161

Imam Al-HakIm said: ‘Sahih according to Muslim’s condition’ while Imam Dhahabi stated: ‘According to Muslim’s condition’.

Imam Abu Yala records in his Musnad:

عن عمرو بن دينار قال : قالت عائشة : « ما رأيت أحدا قط أصدق من فاطمة غير أبيها ، وكان بينهما شيء فقالت : يا رسول الله سلها ؛ فإنها لا تكذب

“Amro bin Dinar narrated that Ayesha said: ‘I never witnessed anyone more truthful than Fatima except her father. When a dispute arose between them (Fatima and Ayesha) she (Ayesha) said: ‘Oh Allah’s messenger ask her (Fatima) verily she will not lie’
 Musnad Abu Yala, Volume 9 page 465 Tradition 4850

Imam Abi Bakar Al-Haythami in Majm’a al-Zawaed, Volume 9 page 201 and Allamah Salehi al-Shami in Subul al-Huda wa al-Rashad, Volume 11 page 47 said: ‘The narrators are of Sahih (books)’ .

Comment

We appeal to justice. Would you ever accept that Ayesha and Hafsa would lie to gain material possessions? If you could never accept that these mothers of the faithful and daughters of the Khaleefa would lie for worldly gain, then is it possible that the daughter of Rasulullah (s) would bring a false case and lie for worldly gain? We are talking about Sayyida Fatima (as) who shares her blood with Rasulullah (s), whose happiness and anger is on par with the happiness and anger of Rasulullah (s), whose truthfulness is declared by Allah (swt) in the Qur’an. The word of Rasulullah (s) is proof, and when this truthful woman made a claim for Fadak, how is it that Tafseer Kabeer suggests that Sayyida Fatima (as)’s claim was a lie (astaghfirullah).

Sayyida Fatima (as) is the example of Maryam (as), and Maryam verified the truthfulness of her claim by relying on the testimony of her infant son, and this testimony was accepted by her people. Sayyida Fatima (as) sought to verify the truthfulness of her claim by relying upon the testimonies of her young sons, and yet this did not convince Khaleefa Abu Bakr.

Sayyida Fatima Siddiqah (as) is Masum (Infallible)

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

1. Sahih al Bukhari Volume 5, Book 57, Number 61, Bab Fadail Fatima & Volume 7, Book 62, Number 157 Bab ul Nikah
2. Sahih Muslim Book 031, Number 6000 Bab Fatima Binte Rasul
3. Mustadrak al Hakim Volume 3 159 Bab Fadail Fatima
4. Kanza Thamil Volume 6 page 219 Kitab Fadail min Qism al Kaul
5. al Isaba Volume 4 page 366
6. Hilayath al Awliya Volume 20
7. Ruzatul Ahbaab page 608

For the sake of brevity we shall cite only a handful of sources.

Sahih al Bukhari Volume 7, Book 62, Number 157 Bab ul Nikah:

“Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me.”

Sahih al Bukhari Volume 5, Book 57, Number 61, Bab Fadail Fatima:

Allah’s Apostle said, “Fatima is a part of me, and he who makes her angry, makes me angry.”

Sahih Muslim Book 031, Number 6000 Bab Fatima Binte Rasul:

Miswar b. Makhramah reported Allah’s Messenger (may peace be upon him) as saying: Fatima is a part of me. He in fact tortures me who tortures her.