Fadak and Inheritance

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Mystic
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اشترك في: الخميس أكتوبر 19, 2006 10:08 pm

Fadak and Inheritance

مشاركة بواسطة Mystic »

What is the Zaidi view on fadak and inheritance ?
How do you view the disagreement between Abu Bakr (ra) and Bibi Fatima (sa) ?

Here is the hadith from bukhari which takes about fadak and inheritance ?

Volume 4 Book :53 (One-fifth of Booty to the Cause of Allah)Number :325

Narrated Aisha:

(mother of the believers) After the death of Allah 's Apostle Fatima the daughter of Allah's Apostle asked Abu Bakr As-Siddiq to give her, her share of inheritance from what Allah's Apostle had left of the Fai (i.e. booty gained without fighting) which Allah had given him. Abu Bakr said to her, "Allah's Apostle said, 'Our property will not be inherited, whatever we (i.e. prophets) leave is Sadaqa (to be used for charity)." Fatima, the daughter of Allah's Apostle got angry and stopped speaking to Abu Bakr, and continued assuming that attitude till she died. Fatima remained alive for six months after the death of Allah's Apostle.

She used to ask Abu Bakr for her share from the property of Allah's Apostle which he left at Khaibar, and Fadak, and his property at Medina (devoted for charity). Abu Bakr refused to give her that property and said, "I will not leave anything Allah's Apostle used to do, because I am afraid that if I left something from the Prophet's tradition, then I would go astray." (Later on) Umar gave the Prophet's property (of Sadaqa) at Medina to 'Ali and 'Abbas, but he withheld the properties of Khaibar and Fadak in his custody and said, "These two properties are the Sadaqa which Allah's Apostle used to use for his expenditures and urgent needs. Now their management is to be entrusted to the ruler." (Az-Zuhrl said, "They have been managed in this way till today.")

Talib Ali
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اشترك في: الاثنين يونيو 26, 2006 6:17 am

Fadak

مشاركة بواسطة Talib Ali »

salamz!

As far as I know, regarding Fadak, the vast majority of the Zaydiyya say:

Fatima (as) was on the haqq in her claim; primarily because Fadak was granted to her during the lifetime of the Prophet (saws) and not an inheritance. Abu Bakr was incorrect in his actions.
Regarding the hadith Abu Bakr quoted, I'm not sure if it is considered a fabricated hadith or not. There is also the possibility that the hadith he quoted may be a sahih hadith taken out of context; I can't imagine someone of his status intentionally quoting a fabricated hadith! At the same time, according to some historical reports, at some point Abu Bakr was going to give Fadak back to Fatima az-Zahra (as) but was stopped by Umar; which questions the validity of the hadith Abu Bakr quoted.

Another interesting thing is that the second hadith quoted from Bukhari says:
She used to ask Abu Bakr for her share from the property of Allah's Apostle which he left at Khaibar, and Fadak, and his property at Medina (devoted for charity). Abu Bakr refused to give her that property and said, "I will not leave anything Allah's Apostle used to do, because I am afraid that if I left something from the Prophet's tradition, then I would go astray." (Later on) Umar gave the Prophet's property (of Sadaqa) at Medina to 'Ali and 'Abbas, but he withheld the properties of Khaibar and Fadak in his custody
The following questions arise:
1. Why did Abu Bakr withhold "the property of Medina" from Zahra (as) for fear of leaving the sunnah, but Umar granted it to Ali and al-Abbas? What happened to the concept of the Prophets not having inheritors from his family?
2. Why did Umar grant one piece of property (Medina) to the Family of the Prophet (saws) but withheld the other two? If one piece is haraam for inheritence, why grant the other?
3. Abu Bakr refused to give Fatima the property and said "I will not leave anything Allah's Apostle used to do". Where is it recorded that the Prophet used to forbid Fadak to his daughter? On the contrary, some of the books of tafsir (Tafsir Durr al-Manthur by as-Suyuti) says that when the verse 17:26 was revealed, the Prophet gave Fatima the land of Fadak.

This coupled by the fact that some of the latter caliphs granted the land of Fadak back to the descendants of Fatima (as). One notable example is the righteous Umayyad Umar bin Abdul Aziz.

There is a minority Zaydi view that I heard that says that Abu Bakr was on the haqq in his claim but I don't know who said it.

Hope this helps!

Student

Mystic
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اشترك في: الخميس أكتوبر 19, 2006 10:08 pm

مشاركة بواسطة Mystic »

You should look at what is being circulated around the net.


The Zaidi Shia Imam, Al-Madi, in his book AL-Qalaed said: " Abu
Bakr's verdict with regards to Fadak is correct" and he reported on
the authority of Zayd Ibn Ali Ibn Al-Hussain Ibn Abi Talib that he
said: " If I was Abu Bakr, I would only give the verdict that Abu
Bakr gave".


Also the 8th century Zaidi Shia Imam , Yahya, in his book Al-Shamil
said: " Abu Bakr only demanded the Truth, and if she (i.e Fatimah)
was angry because of that then the truth has made her angry" [Also
refer to Nihayat Al-Tanweeh by Al-Hadi]

Talib Ali
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اشترك في: الاثنين يونيو 26, 2006 6:17 am

Fadak

مشاركة بواسطة Talib Ali »

salamz!

That's interesting, sidi!

Where did you get those quotes?

Student

Mystic
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اشترك في: الخميس أكتوبر 19, 2006 10:08 pm

مشاركة بواسطة Mystic »

I saw the article a couple of years ago and i can't find it anymore. However it was recopied into a rafidi forum called Shiachat.

http://www.shiachat.com/forum/index.php ... =234929398

Mystic
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اشترك في: الخميس أكتوبر 19, 2006 10:08 pm

مشاركة بواسطة Mystic »

Here is some sources i found on inheritance.

Imam Muhammad al Baqir once asked Ibn Abbas about Ali's opinion concerning the inheritance. He replied: His (Ali's opinion was like the opinion of the Ahlul Bayt (Fatima and children), but he did not wish to disagree with Abu Bakr and Umar on this subject.
(Al-Shafii, Al Umm, vol 4 p 148; Al Shaybani, Siyar p.78
)


Abu Bakr has sought advice of the Muslims as what to with the shares of the Prophet and his family. He recieved different views on this question. Some advised him to redistrubute these shares among the rest of the recipeints; other maintained that they should be spent on prepartation for war, such as providing horses (al-kura) and weapons(silah). Abu Yusuf, Kharaj, p. 20; al-Shafi'i, Al Umm, vol. 4 pp 147 f.; Al-Shaybani Siyar, p. 84)


Umar according to Ibn Abbas who is often quoted offered to pay the marriage expenses and debts of the unmarried members of the Prophet's family from the Khums. When the nearest kin, the demanded the entire share Umar refused to do so. (Abu Yusuf, Kharaj, p. 20; Al-Shaybani Siyar, pp. 81-82; Kitab al Masut Vol9, pp 16f)


During Caliphates of Uthmaan and Ali the practice of dividing the khums into three parts, one for the orphans, one of the poor, and one for the wayfarer, seems to be well-established. (Yusuf, Kharaj, p. 19; Al-Shaybani Siyar, pp. 77)

Ali as a relative of the Prophet was understandalby asked about the share of the family and replied that the until the concquest of Sus And Ahwaz the Ahlul Bayt was paid but
that then their share was discontinued. (Al-Shafi'i, Al-Umm, vol 4, p. 148)

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