OBJECTIONS AGAINST FADAK AND THEIR REPLIES -4

OBJECTION :

Hazrat Fatima Zahra (sa) assumed that Fadak was gifted to her 


REPLY:

There is no contradiction over Sayyida Fatima (as) claiming Fadak as a gift and inheritance. The initial demand of Sayyida Fatima (as) was that Abu Bakr returns the land that had been gifted to her by her father. Sayyida Fatima (as) had the land in her possession but Abu Bakr ignored this and the written bequest of her father (s) and refused to return the land. Abu Bakr deemed the land as that of the Prophet which was in possession of his daughter held on trust as long as he (s) lived and which reverted back to the State upon his death. Sayyida Fatima (as) used this assertion to challenge Abu Bakr’s right to control the land. After all he usurped the land on the basis that it belonged to the Prophet (s). Sayyida Fatima (as) was still entitled to the land as the Legal Heir so she had every right to make a claim on this basis. Abu Bakr refused her claim that the land was under her control, and he also rejected her claim that she was her father’s Waris (legal heir). We shall now set out proofs that leave no doubt that Fadak was in fact land that had been given to Sayyida Fatima (as) as a gift.

Proof One

The greatest proof that Fadak had been given as a gift to Sayyida Fatima (as) by Rasulullah (s), lies in the fact that she already had possession of the land at the time of her father’s death. This would not have been the case if the land belonged to Rasulullah (s). Property which is given as a gift is handed over to the transferee at the time when gift is made (even before the death of the testator). Whereas the share in estate of deceased is taken hold of only after the death of the deceased. The fact that Sayyida Fatima (as) was already in possession of the land of Fadak at the time of The Prophets death clearly shows that this land was given to her as a gift in the lifetime of her father and there was no question of its being treated as a share in inheritance.

We read in al Milal wa al Nihal page 13, wherein Allamah Sharastani discusses the disputes that arose following the death of Rasulullah (s):

“The 6th dispute concerned Fadak and the inheritance of Rasulullah (s). Sayyida Fatima deemed it her land, and the claim of Fatima to its ownership”
 Al-Milal wa al-Nihal, page 13

This reference proves that Fadak was not the same as the inheritance that Sayyida Fatima (as) was claiming. She (as) already had control of Fadak and now wanted her rights as Heir of her deceased father’s Estate.

If Nawasib such as al Khider have lied to the maximum by claiming that Fadak had not been gifted to Sayyida Fatima (as) they should know that this claim is destroyed by the very testimony of the claimant herself. Sayyida Fatima (as)’s claim was that her father (s) had given Fadak to her, and this makes the comments of al Khider null and void. We have already cited this reference from Riyadh al Nadira, Volume 1 page 89:

وعن عبد الله بن أبي بكر بن عمرو بن حزم عن أبيه قال جاءت فاطمة إلى أبي بكر فقالت أعطني فدك فإن رسول الله صلى الله عليه وسلم وهبها لي ۔۔۔

“When the Prophet died, Abu Bakr took Fadak from Fatima, she went to him and said: ‘Give the land of Fadak to me, as my father the Prophet (s) gave it to me’….”
 Riyadh al Nadira, Volume 1 page 89

Allamah Yaqut al-Hamawi records in Maujam ul Buldan, Volume 3 page 313:

لما قُبض رسول الله صلى الله عليه وسلم قالت فاطمة رضى الله عنها لأبي بكر رضي الله عنه: إن رسول الله صلى الله عليه وسلم جعل لي فدَك فاعطني إياها

“After the death of the Prophet, Fatima (r) said to Abu Bakr: ‘My father the Prophet gave Fadak to me, thus give it to me’.”

We also read:

وهي التي قالت فاطمة رضي الله عنها: إن رسول اللَه صلى الله عليه وسلم نحلنيها فقال أبو بكر رضي اللَه عنه أريد لذلك شهوداً ولها قصة.

“This is (the land) about which Fatima (ra) said: ‘Allah’s messenger gave it to me’, hence Abu Bakr (ra) said: ‘I want witnesses’. That had a story”.

We read in Futuh al-Buldan, page 35:

وحدثنا عبد الله بن ميمون المكتب قال: أخبرنا الفضيل بن عياض عن مالك ابن جعونه، عن أبيه قال: قالت فاطمة لابي بكر: إن رسول الله صلى الله عليه وسلم جعل لى فدك فاعطني إياها.

“Malik bin J’auna narrated from his father that he said: ‘Fatima (r) said to Abu Bakr, Allah’s messenger gave Fadak to me, give it to me’.”

What greater proof can there be than the claim brought by Sayyida Fatima (as) “Give the land of Fadak to me, as my father the Prophet (s) gave it to me“ she could not have advanced such a claim without having existing possession of this land at the time, she (as) did not say ‘he promised to give it to me’, that would have constituted a future guarantee, she was stating that it had already been given to her, hence her stating ‘the Prophet (s) gave it to me’, meaning she existing possession of the land at that time, and that her legal challenge was based on its usurpation. It is logical that no common person would make a claim that is baseless, particularly when they know that they will be proven wrong.

Proof Two – Abu Bakr accepted Sayyida Fatima’s existing possession of Fadak

If it was not in her possession then why didn’t Abu Bakr point this out to Sayyida Fatima (as)? Al Mihal proves that Sayyida Fatima (as) had the land in her possession. Why didn’t Abu Bakr dismiss this claim straight away, stating ‘You never had possession of Fadak’? The fact that he didn’t challenge this aspect of Sayyida Fatima (as)’s claim serves as proof that the land was in her possession.

Proof Three – If Sayyida Fatima (as) had no control of Fadak why did Abu Bakr give written instruction that it be restored to her?

We read in  Seerah al Halabbiyah, Vol. 3, Page 487 & 488:

“Sibt ibn Jauzi narrates that after Fatima made her claim to the ownership of Fadak, Abu Bakr heard her claim and Abu Bakr left a written instruction that it be restored to her, then Umar came to Abu Bakr, and asked ‘Who is this document for?’ The Khalifa said ‘It’s with regards to Fadak this is a written document for Fatima in relation to her father’s inheritance. Umar said ‘then how will you spend for the Muslims, when the Arabs are preparing to fight you, Umar then took the document and ripped it up”.
Insanul Ayun fi Seerah al Halabbiyah, Vol. 3, Page 487 & 488

Comment

This proves that the Hadith ‘Prophet’s leave no inheritance’ is a lie, since Abu Bakr did in fact accept the claim of Sayyida Fatima (as). If the Hadeeth proves the correctness of Abu Bakr’s position, then Al Khider’s assertion is a lie, since al Mihal confirms that the claim of Sayyida Fatima (as) was over her ownership of Fadak, Abu Bakr accepted this claim.

Proof Four – Maula ‘Ali confirmed that Sayyida Fatima already had control of Fadak

The greatest proof that Fadak was in the possession of Ahl’ul bayt (as) comes from the comments of Maula ‘Ali (as). We are quoting from the Sunni commentary of Nahj ul Balagha by Shaykh Muhammad Abduh page 83 letter to Abi Uthman bin Hunayf:

“Of course, all that we had in our possession under this sky was Fadak, but a group of people felt greedy for it and the other party withheld themselves from it. Allah is, after all, the best arbiter.”
 Commentary of Nahj ul Balagha by Shaykh Muhammad Abduh, page 83

Comment

Maula Ali said Fadak was in her hands, anything in one’s hands is one’s possession, and this destroys the assertion of liars such as al Khider, who claim that the Shi’a lie when they claim Sayyida Fatima (as) had been gifted with Fadak during the lifetime of Rasulullah (s).

Proof Five – Rasulullah (s) gave Fadak to Sayyida Fatima (as) during his lifetime

Further proof can be ascertained from Sunan Abu Dawood Book 19, Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai’ Wal-Imarah), Hadeeth Number 2998:

“…Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Apostle of Allah (peace be upon him). Allah bestowed them upon him and gave them him as a special portion.

He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry.” He said: “Without fighting.” So the Prophet (peace be upon him) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Apostle of Allah (peace be upon him) which is in the hands of the descendants of Fatimah (Allah be pleased with her)“.

Proof Six – Maula Ali (as) told Abu Bakr that the Prophet (s) had given Fadak to her during His lifetime

As evidence we shall quote directly from the article ‘Early Differences and Sects in Islam’ – adapted largely from Al-Farq bayn al-Firaq (The Difference between the Sects) by Abu Tahir `Abd al-Qahir al-Baghdadi that appears on this Sunni Website:
 http://webpages.marshall.edu/~laher1/firaq.html – Cached

“Next, they differed regarding inheritance of the land of Fadak. This was a piece of land which the Prophet had acquired as a form of booty, and which he retained during his lifetime. When he passed away, `Ali (may Allah be pleased with him) said that the Prophet (may Allah bless him and grant him peace) had assigned it to Fatimah (may Allah be pleased with her) during his lifetime”.

Moreover, we read in Majmal Buldan, Volume 3 page 312:

فكان علي يقول: إن النبي صلى الله عليه وسلم جعلها في حياته لفاطمة

Ali used to say: ‘The prophet (s) granted it to Fatima during His life’.

Comment

The claim of Maula ‘Ali (as) before Abu Bakr that Rasulullah (s) gave Fadak to Sayyida Fatima (as) during his lifetime, proves that she had existing possession of it, it was no inheritance.

Proof Seven – If Sayyida Fatima (as) had no control over Fadak then Umar ibn Abdul Aziz would not have returned it to the descendants of Sayyida Fatima (as)

We read in Wafa al Wafa page 99:

“When Umar Ibn Abdul Aziz became Khalifa he restored the land of Fadak to the descendants of Sayyida Fatima, and wrote to his representative in Madina on this regards”

Allamah Yaqut al-Hamawi records in Mujam al-Buldan, Volume 3 page 312:

فلما ولي عمر بن عبد العزيز الخلافة كتب إلى عامله بالمدينة يأمره برد فدَكَ إلى ولد فاطمة رضي الله عنها

When Umar bin Abdulaziz become the Caliph, he wrote to his governor of Madina and ordered him to gave Fadak to the progeny of Fatima’s (ra)’.

Similarly in Volume 1 page 38 we read:

وقد كتب أمير المؤمنين إلى المبارك الطبري مولى أمير المؤمنين يأمره برد فدك على ورثة فاطمة بنت رسول الله

“The commander of believers wrote a message to his governor Mubarak al-Tabari ordering him to return Fadak to the inheritors of Fatima the daughter of Allah’s Prophet” 

In a renowned biography of Caliph Umar bin Abdul Aziz rendered by Sunni scholar Abdul Aziz Syed al-Ahl translated in Urdu by Maulana Ragihb Rehmani states in pages 256-257:

“The Holy prophet distributed the property of Bani Nazir and Bani Qariza quraida but did not distribute Fadak (al-Khiraj, by al-Qarshi, page 41).

This was due to the fact that Fadak was not captured via the running of camels and horses (i.e. during to war), it was hence purely for the Prophet of Allah. He (s) would spend this money on his household and distribute the remainder amongst travellers.

It is said that Hadhrat Fatima asked for it, the Prophet (s) however refused the request. It is also said that Prophet (s) had actually given Fadak to her. After the death of the Holy Porphet, a difference of opinion emerged between Abu Bakr (ra) and Fatima (ra) over Fadak. Abu Bakr perhaps kept it in his control so that he could help the Muslims in the time of need, as Muslims were quite poor in the early days. Despite Fatima (ra) being unhappy with Fadak being under the control of Abu Bakr, it still remained under the control of Caliphs and it were the Caliphs who have always been looking after it. (Fatima al-Zahra wal Fatmioon, page 85, quoted from Sharah Abul Hadeed Nahjul Balagha, page 109; Ibn Jauzi page 110).

During the era of Farooq Azam (ra), when the Muslims acquired victories, and their hardships decreased, he contemplated returning Fadak to the heirs of Rasulullah (s), and accordingly did so. Hadhrat Ali (ra) and Hadhrat Abbas (ra) approached him, disputing over the matter, but he refused to make a decision and said that they were better informed of the situation than him.

Marwan bin Hakam then acquired Fadak as it was gifted to him by Muawiya. Then Marwan bestowed it upon his sons, Abdul Malik and Abdul Aziz, it was then divided into three portions between Umar, Walid and Sulaiman. When Walid became the Head of State, he gave his share to Umar. When Umar acquired power, he wrote to the Governor of Madina stating that it be returned to the progeny of Fatima (s). It hence remained under the control of the progeny of Fatima (r) during his reign”.
 Khalifa tuz Zahid-Hadhrat Umar bin Abdul Aziz, pages 256-258 (Nafees Academy, Urdu Bazar, Karachi)

Comment

In ‘A short history if Islam’ Sunni scholar Dr A. Rahim page 168, Chapter Umar II, provides a worryingly poor representation of facts whilst praising Umar ibn Abdul Aziz. He writes:

“Umar II was very fair and generous to the member’s of ‘Ali’s family. He restored to them the property of Fadak which was appropriated by Marwan”.

If only this scholar had looked into the truth of the matter! Marwan did not misappropriate Fadak. Poor destitute Marwan was gifted this land from his kind hearted relative, who happened to also be the Khaleefa of the time Uthman ibn al Affan. Uthman took control of it following Umar death, who had it following Abu Bakr’s death. It was Abu Bakr who misappropriated Fadak, which Umar ibn Abdul Aziz then returned to the children of Fatima (as), and the author has shown maximum dishonesty as part of his efforts to protect Abu Bakr’s actions.The crucial thing to observe here is the historian’s usage of the word ‘restore’. One can only restore something to someone who had an existing control of, and that is why Umar Ibn Abdul Aziz returned Fadak to the descendants of Sayyida Fatima (as).

Proof Eight – If Sayyida Fatima (as) had no control of Fadak then the Just Khaleefa and Hafidh of the Qur’an Mamun would not have restored the land to the descendants of Sayyida Fatima (as)

We read in Futuh al-Buldan, pages 36-37:

In 210 Hijri Ammerul Mumineen Mamun bin Harun al-Rashid gave an order that Fadak be given to the family of Fatima. This order was given to his representative in Madina Quthum bin Jafar: ‘I Commander of the Faithful as the successor of the Prophet have a duty to follow the way of the Prophet. Anything or Sadaqah that the Prophet (s) gave must be given by me, all his virtues come from Allah, and my aim is to do that which pleases my Creator. I have found that the Prophet (s) gave Fadak as a gift to his daughter and made her the sole owner and this is such a clear matter that carries no doubt amongst the Prophet’s family. Verily the Commander of the Faithful deems it correct to return Fadak to the descendents of Fatima so as to implement the Justice of Allah (swt) and get closer to him in the process, and implement the order of the Prophet (s) and attain a good reward. The Commander of the Faithful gives order that the return of Fadak be recorded in a Register and that this Order be sent to employees. Since the death of the Prophet (s) the tradition has remained that Pilgrims on Hajj give an invitation to the People to claim anything Prophet (s) gave as Sadaqah or gift to the People, their words would be accepted, in this circumstance Sayyida Fatima has a greater right that her claim regarding the possession of Fadak after the Prophet (s) be accepted. The Khaleefa has told his Servant Mubarak Tabari ‘Return Fadak to the Waris of Fatima, all its boundaries, rights, production and Servants should be returned. Muhammad bin Yahya bin Husayn bin Zaid bin ‘Ali bin Husayn bin ‘Ali Ibn Abi Talib and Muhammad bin Abdullah bin Husayn bin Ali bin Abi Talib, have been appointed by the Commander of the Faithful as Agents over Fadak. Verily you should be made aware that this is the opinion of the Commander of the Faithful and this is that which has come to him from Allah (swt) so as to receive the blessing of Allah and his Prophet. Your subordinates should be informed that Muhammad bin Yahya and Muhammad bin Abdullah be treated in the same manner as you dealt with Mubarak Tabari, these two should be supported with the production processes, profits should given to them so as to attain reward from Allah (swt). Wasallam Wednesday 2nd Zeeqad 210 Hijri’

We read in Majma al-Buldan, Volume 3 page 313:

فلما كانت سنة 210 أمر المأمون بدفعها إلى ولد فاطمة وكتب إلى قُثم بن جعفر عامله على المدينة أنه كان رسول الله صلى الله عليه وسلم أعطى ابنته فاطمة رضي اللًه عنها فدَك وتصدق عليها بها وأن ذلك كان أمراً ظاهراً معروفاً عند آله عليه الصلاة والسلام ثم لم تزل فاطمة تدعي منه بما هي أولى من صدق عليه وأنه قد رأى ردها إلى ورثتها

In year 210 Hijri Mamun gave an order to return (Fadak) to the progeny of Fatima. Thus he wrote to his representative in Madina Qatham bin Jaffar and said: ‘Allah’s messenger (s) gave Fadak to Fatima (r) and that was a known and clear matter according to His (prophet) family and Fatima kept demanding it. Hence he (Mamun) has decided to return it to her inheritors’

Comment

If Sayyida Fatima (as) had no control of Fadak then this Sunni Khaleefa would not have restored it to her descendants.

Proof Nine – The verse ‘Dhul Qurba’ proves that Fadak had been gifted to Sayyida Fatima (as)

Al Khider can bark all he likes but the bottom line is when this verse descended it was incumbent upon Rasulullah (s) to act upon it, and give Sayyida Fatima (as) her rights. We have established from the authentic works of Ahl’ul Sunnah that Rasulullah acted upon this verse accordingly, by gifting the land of Fadak to Sayyida Fatima (as). Possession occurs when a thing is handed over without any conditions. Rasulullah (s) never took it back, nor personally administered it after gifting it to Sayyida Fatima (as). If Nawasib are to offer some lame excuse that Rasulullah (s) took it back prior to his death, then we should point out that this was impossible, since taking back bestowed gifts is a major wrong in the eyes of the Prophet (s). We read in We read in Sahih Bukhari, Book of Gifts Volume 3, Book 47, Chapter 18 Hadith number 791:

“The Prophet said the bad example is not for us. He who takes back his present is like a dog that swallows back its vomit”

An appeal to justice

If Sayyida Fatima (as) did not have an existing possession of Fadak:

1. Sayyida Fatima (as) would not have made such a claim.
2. Why did the other Sahaba and Wives of Rasulullah (s) remain silent? It would have been incumbent on them to interject and point out that she had no existing possession of the land.
3. Maula ‘Ali (as) would not have permitted Sayyida Fatima (as) to make such a claim in court, nor would he (s) had testified in her favour.
4. Imam Hassan (as) & Imam Hassain (as) would not have testified in favour of their mother.
5. Why didn’t Abu Bakr challenge the assertion and demand that she present witnesses confirming her existing possession of the land ?

 This article is taken from http://en.shiapen.com/comprehensive/fadak.html