prohibited it!” Abdullah bin Umar said: “Do you see that if
my father has prohibited it and the messenger of Allah (s)
has practiced it, we should follow my father or follow the
messenger of Allah (s)?” the man said: “We should follow the
messenger of Allah (s).” Abdullah bin Umar said: “The
messenger of Allah (s) has practiced it.” There are many
other true traditions in the books of Hadith denying this
act of Umar (when prohibiting the pleasure of hajj).
22. Temporary marriage
Allah and His messenger have legislated temporary marriage and the Muslims practiced it during the time of the Prophet (s) until he left to the better world and they practiced it after that during the reign of Abu Bakr until he died. When Umar became the caliph, the Muslims still practiced temporary marriage until he forbade it one day when he said from above the minbar: “Two pleasures were practiced at the time of the messenger of Allah but I forbid them and punish for
 vol.1 p.157.
them; the pleasure of the hajj and temporary marriage.”
 Ar-Razi protested, in his book at-Tafseer al-Kabeer when talking about the verse (Then as to those whom you profit by, give them their dowries as appointed( against prohibiting temporary marriage by Umar.
 Vol.1 p.467.
 This saying shows clearly that prohibiting temporary marriage has not been determined before Umar.
 Would that someone knows if this word could justify a way to prohibit temporary marriage! Had Umar thought that this matter concerned the Prophet (s) especially or concerned his time only? Certainly not! Lawful things of Muhammad are lawful until the Day of Resurrection and his unlawful things are unlawful until the Day of Resurrection.
 Stoning is one of the punishments of the Heaven which cannot be legislated except by a prophet. One, who believes in the permissibility of temporary marriage, has concluded its decree from the Book and the Sunna. If he is right in his conclusion, he cannot be blamed and if he is mistaken unintendedly, he is considered to be in obscurity and so he cannot be punished.
Magazine, vol.36 part ten in which we have covered all the
sides of the subject. We have explained that into eight
 Among them was Abdul Melik bin Abdul Aziz bin Jurayj Abu Khalid al-Mekki who was one of the famous scholars among the companions’ successors. Ibn Khillikan mentioned his biography in his book wafiyyat al-A’yan, ibn Sa’d in his Tabaqat, vol.5 p.361 , ibn al-Qaysarani in his book al-Jam’ Bayna Rijal as-Sahihayn, p.314 and ath-Thahabi in his Mizan and he said about him: “He is one of the reliable scholars, who has been trusted by the all. He has got married to ninety women in temporary marriage. He thought that temporary marriage was permissible. He was the jurisprudent of Mecca at his time.”
Al-Ma’moon also during his reign has denied prohibiting temporary marriage (by Umar) and ordered his officials to announce its permissibility-as mentioned by ibn Khillikan in his book Wafiyyat al-A’yan when talking about the biography of Yahya bin Aktham. Muhammad bin Mansoor and Abul Ayna’ once came to al-Ma’moon. They found him brushing his teeth and saying angrily (repeating the saying of Umar) : “Two pleasures were practiced at the time of the messenger of Allah and at the time of Abu Bakr but I (Umar) prohibit them! Who are you (this is the complement of al-Ma’moon) O you scarab, so that you prohibit what the messenger of Allah and Abu Bakr have practiced?” Muhammad bin Mansoor wanted to talk with al-Ma’moon but Abul Ayna’ made a sign to him and said: “A man saying so about Umar bin al-Khattab, how can we talk to him?!” they did not talk to him. Then Yahya bin Aktham came to him and warned him that sedition might take place (if he permitted temporary marriage)…”
consensus of the umma. Let the fair researchers ponder on
what we have written about this subject and then they are
free to judge whether it is permissible or not.
had said: “Once the Prophet (s) consulted the Muslims about
what should attract their attentions to the times of the
prayers. Some of them suggested using a trumpet but the
Prophet (s) disliked it because it was used by the Jews.
Some others suggested using a bell but the Prophet (s)
disliked it too because it was used by the Christians. At
that night a man from the Ansar called Abdullah bin Zayd and
Umar bin al-Khattab were inspired with the call (azan) in
their dreams. In the same night Abdullah bin Zayd al-Ansari
came to the Prophet (s) and told him of what he had seen in
dream. The Prophet (s) ordered Bilal to announce it as the
azan. Then Bilal added to it “prayer is better than
sleeping” and the Prophet (s) approved it.” Ibn Maja
mentioned this tradition in his Sunan.
no god but Allah, there is no god but Allah”.
 When the Muslims conquered Mecca, the Prophet (s) forgave the polytheists and set them free.
 Refer to al-Issaba, Abu Mahthoora’s biography.
“The last to die of you, will be in Hell.”
 Refer to Samra’s biography in al-Istee’ab, al-Isaba and other books.
 As it is well-known by whoever studies their affairs after this threat.
We say: first it is impossible for the prophets (s) to hide the truth or to
delay it until its necessary time may pass. In this matter the required time was
connected with the threat and the Prophet (s) would have indicated it if any one
of the three had had any respect because men, since they became Muslims, would
be tried by the civil rights like imamate in offering prayers, witnesses in
legal trials, issuing fatwas, judging and the likes, which required fairness,
truthfulness and piety. If these three men deserved not to be kept away from all
that civil rights and positions, the Prophet (s) would not delay declaring the
truth concerning them. Far be it from the Prophet (s) to prevent any one from
getting his right and far be it from him to disgrace someone innocent and to
keep him on that disgrace, which he does not deserve, until he dies (before his
 Some historians said that Samra had died in the year fifty-eight of hijra and Abu Hurayra in fifty-nine whereas other historians said that Abu Hurayra had died in fifty-seven of hijra and so on for the three of them. As for the alike dates, some historians said that the three of them had died in fifty-nine of hijra without referring to the time, the day or the month in which they had died.
He, who knew the opinion of our Sunni brothers of the four sects about the start
of the azan and iqama and about legislating them, would not be astonished
to find them submitting to adding to them or omitting from them. They thought
that azan and iqama had not been legislated by Allah via revealing them to the
Prophet (s). They did not think that the Prophet (s) had announced them as
divine rites determined by Allah but they were just a result of dreams seen by
some companions as they had narrated in their traditions which they considered
as true and recurrent.
 A prerequisite call to the prayer.
 It has been mentioned by Abu Dawood in his Sunan, vol.1 chap. Start of Azan and it has been mentioned in many other books of Hadith. The Sunni scholars have considered it as a true tradition.
Abdullah bin Zayd had said: “When the messenger of Allah (s)
had ordered a bell to be made in order to make people gather
to offer the prayers, I saw in sleep that someone carrying a
bell in his hand came to me. I asked him: “Do you sell this
bell?” He said: “What will you do with it?” I said: “We will
call for prayers by it.” He said: “Shall I guide you to what
is better than this?” I said: “Yes, please!” He said: “You
say: Allah is great, Allah is great, Allah is great, Allah
is great, I witness that there is no god but Allah, I
witness that there is no god but Allah, I witness that
Muhammad is the messenger of Allah, I witness that Muhammad
is the messenger of Allah, come to prayer, come to prayer,
come to success, come to success, Allah is great, Allah is
great, there is no god but Allah.” After a moment he
said to me: “When you stand up to begin the prayer, you say:
Allah is great, Allah is great, I witness that there is no
god but Allah, I witness that there is no god but Allah, I
witness that Muhammad is the messenger of Allah, come to
prayer, come to success, the time for prayer has come, the
time for prayer has come, Allah is great, Allah is great,
there is no god but Allah.”
 This azan-as the narrators, who had narrated this tradition from Abdullah bin Zayd, claimed-was the first azan in Islam. As you see, it does not have “prayer is better than sleeping” although it was for Fajr prayer. Then wherefrom has it come to be a part of the azan, O you Muslims?!
 Mentioned by Abu Dawood as-Sajistani in his Sunan, at-Tarmithi in his Sahih, ibn Hayyan in his Sunan, ibn Khuzayma in his Sunan, ibn Maja in his Sunan and other scholars of Hadith.
of wood in order to gather the people to offer the
prayers after beating them with each other. At that time
Abdullah bin Zayd al-Ansari had seen in his sleep two pieces
of wood. He said (in his sleep): “These two pieces of wood
are like the ones that the messenger of Allah wants to
gather people for prayers with.” It was said to him: “Do you
not announce azan for prayer?” He was taught the azan in his
sleep. In the morning he came to the Prophet (s) and told
him of that. Then the Prophet (s) ordered the azan to be
 Az-Zarqani said in his book Sharh al-Muwatta’ when commenting on this tradition: “It is the bell; a long piece of wood that is beaten with a smaller one to produce sound.” Az-Zarqani here has a noticeable comment on the tradition of Abdullah bin Zayd. I ask the researchers to refer to Sharh al-Muwatta’, vol.1 p.120-125.
 For details, refer to Sharh al-Muwatta’ by az-Zarqani.
 Sharh al-Muwatta’ by az-Zarqani.
anything but that which is revealed to me, and I am nothing
but a plain warner. Qur'an, 46:9” Allah has warned His
messenger of hastiness even with a movement of the tongue.
He has said: “Do not move your tongue with it to make haste
with it. Surely on Us (devolves) the collecting of it and
the reciting of it. Therefore when We have recited it,
follow its recitation. Again on Us (devolves) the explaining
of it. Qur'an, 75:16-19” Allah has praised the saying of His
messenger by saying: “Most surely, it is the Word brought by
an honored Messenger. And it is not the word of a poet;
little is it that you believe. Nor the word of a soothsayer;
little is it that you mind. It is a revelation from the Lord
of the worlds. Qur'an, 69:40-43” and “Most surely it is the
Word of an honored messenger. The processor of strength;
having an honorable place with the Lord of the Dominion. One
(to be) obeyed, and faithful in trust. And your companion is
not gone mad. Qur'an, 81:19-22”
creatures of the worlds. These traditions showed the Prophet
(s) in a confused state until he became in need of people’s
consultation; once he disliked using a bell and then he
ordered the bell to be used and then he gave up the bell and
submitted to the vision of Abdullah bin Zayd! This was
impossible for Allah and His messenger, who was the master
and the last of the prophets and who was the trustee of the
mission and revelation of Allah.
 In his Seera, vol.2 chap. Azan.
they discussed this matter. Some of them said: “Let us use a
bell like the Christians!” Others said: “Let us use a
trumpet like the Jews!” Then Umar said: “Why do you not send
someone to call out the time of prayers?” The Prophet (s)
said: “O Bilal, get up and call out for the prayer!” Then
Bilal called out.”
bin Zayd about the vision and azan because Abdullah had died
before this event (of the azan)…”
 Al-Mustadrak, vol.4 p.348.
 Sahih of al-Bukhari, vol.3 p.127.
besides their disputing and clamoring before the Prophet
come to the best of deeds. He, who calls out these facts,
does not fear save Allah and does not submit to any tyrant.
 Da’iy as-Sama’ (the caller of Heaven) by Professor al-Aqqad, p.136-142.
contradict the true traditions narrated from the infallible
imams of Ahlul Bayt (s). And definitely any tradition that
contradicts the true traditions of Ahlul Bayt (s) has no any
value near us.
messenger of Allah…”
best of deeds”.”
It is desirable to say “blessing and peace be upon Muhammad and his progeny”
after mentioning his name in the azan. Also it is desirable to say “I witness
that Ali is the guardian of Allah” after “I witness that Muhammad is the
messenger of Allah” in the azan and in the iqama.
marries another husband; then if he divorces her there is no
blame on them both if they return to each other (by
marriage). Qur'an, 2:229-230”
 Either to repeat this statement “You are divorced” three times in one occasion or to say “you are divorced thirdly”.
permissible to them?”
 Sahih of Muslim, vol.1 p.575, Sunan of al-Bayhaqi, vol.7 p.336, Sunan of Abu Dawood.
 Sahih of Muslim, vol.1 chap. Divorce.
 Al-Mustadrak and Talkhees al-Mustadrak, vol.2 p.169. These two books are printed together and the numbers of their pages are the same.
 Musnad of Ahmad, vol.1 p.314.
 Al-Bayhaqi in his Sunan, vol.7 p.336, al-Qurtubi in his Tafseer, vol.3 p.130.
 vol.4 p.210.
 Seera of ibn Isshaq, vol.2 p.191.
Bukayr from his father that Mahmood bin Labeed had said:
“Once the Prophet (s) was told that a man had divorced his
wife three times together in one occasion. The Prophet (s)
became very angry. He got up and said: “Is it played with
the Book of Allah while I am still among you?” A man said:
“O messenger of Allah, should we kill him?” besides
many other true traditions and therefore the ulama of Islam
and the reliable scholars have admitted this fact.
 Qassim Ameen al-Misri has mentioned this tradition in his book Tahreer al-Mar’a (liberating woman) p.172, from an-Nassa’iy, al-Qurtubi and az-Zayla’iy narrated by ibn Abbas.
 Democracy, p.150.
Mo’mineen Umar (may Allah be pleased with him) saw that
people began to make little of the matter of divorce and
that they did it with one statement and in one occasion, he
thought that the benefit required to punish them by
executing such divorce that when they knew of that they
would refrain from divorcing their wives. Umar saw that this
had a benefit in its own time and he thought that what had
been during the time of the Prophet (s), Abu Bakr and some
time of his rule was the most suitable for people because
they feared Allah and refrained from divorcing their
wives…this was one example on “the change of the verdicts
owing to the change of time”. The companions perceived
the good policy of Umar in disciplining his citizens in this
concern and so they agreed with him on that and they gave
such a fatwa to whoever asked them about such a matter.
But ibn al-Qayyim himself came and gave his opinion
concerning his own time. He wanted to go back to the
verdicts that were at the time of the Prophet (s) because
time had changed too and the three-divorce were executed
with one word and this had led to permit the marriage that
had been impermissible at the age of the companions. He
said: “If punishment led to corruption more than the
corruption of the doing punished for, then giving up this
punishment would be more beloved to Allah and His
 Glory be to Allah! If the mujtahids had had the right to change the verdicts, like this fatwa, according to the change of time even in that short time between the rule of Abu Bakr and Umar, then the verdicts and the texts of the Book and the Sunna would have vanished. Woe! How dangerous it will be if the mujtahids follow such a rule, which Allah has never revealed!
 Had they had any proof on that?!
 Time had no change and the change of time did not require changing the legal verdicts determined by the Book and the Sunna but ibn al-Qayyim did what he thought that it was the verdict of Allah.
 Glory be to Allah! What is this playing with the Sharia of Allah?!
base of “the change of times”.
mentioned in many true traditions.
 Sahih of al-Bukhari, vol.1 p.233, Sahih of Muslim, vol.1 p.283.
 Abdul Qarriy was the official of Umar over the treasury. He narrated traditions from Umar, Abu Talha, Abu Ayyoob and Abu Hurayra. His son Muhammad, az-Zuhri and Yahya bin Ja’da bin Hubayra narrated traditions from him. He died in the year eighty of hijra.
 In the fourth page of his book Irshad as-Sari fee Sharh Sahih al-Bukhari, vol.4.
of Umar that he had quoted from al-Askari saying: “He
(Umar) was the first to be called Ameerul Mo’mineen, the
first who had decided Taraweeh prayer to be congregational
and to be offered at the beginning of night in Ramadan, the
first who had prohibited temporary marriage, the first who
had made people say four Takbeers in the prayer of
 He was al-Hasan bin Abdullah bin Suhayl bin Sa’eed bin Yahya surnamed as Abu al-Laghawi. He had written a book called al-Awa’il (the firsts or the initiatives).
encourage the young generation to love prayers and to try
imitating their parents and grandparents. This would have
great effect on children and would fix faith in their minds
27. The prayer of funerals
 Vol.4 p.370.
 Habta was his mother.
ash-Sharia and the other Shiite books of Hadith.
knows that the shares (of inheritance) do not exceed
six if they (people) know the ways of their solution.”
 People at the time of Imam Ali (s) usually supposed everything to be of six parts as people nowadays suppose twenty-four carats. Imam Ali (s) wanted to say: would that you know the solutions of the shares when they conflict with each other! They do not exceed six shares. Since you do not perceive the ways of (distributing) the six shares, you add to the six inasmuch as the shortage. For example if the heirs are two parents, two daughters and a husband, the parents have two shares of the six, the two daughters have four (and so the six shares are complete) and then you add one and a half to the husband and so the shares exceed the six and become seven and a half shares and this is impossible to be imposed by Allah at all.
made later (of the shares) gathered together, those, which
Allah has given priority, should be given first and if
something of the inheritance remains, it should be given to
the heirs, whom Allah has made later.” This tradition has
been mentioned by the Second Martyr in his book ar-Rawdha.
 Vol.4 p.340.
 Al-Hakim said, after mentioning this tradition: “This is a true tradition according to the conditions of Muslim but they (al-Bukhari and Muslim) did not mention it in their Sahihs.” Ath-Thahabi has mentioned it confessing its truthfulness. We have accurate researches on this subject in our book The Answers of Musa Jarrullah, let them be referred to.
uncles and aunts (both father and mother’s brothers and
sisters). No one from the second rank inherits the
bequeather if there is an heir from the first rank and so
on. (…and the possessors of relationships are nearer to each
other in the ordinance of Allah). This is the belief of the
infallible imams of Ahlul Bayt (s), whom Allah and His
messenger have made as equal as the Book until the Day of
Resurrection, and this is the belief of all of the Shia. Two
sisters from the second rank will not inherit the bequeather
if his mother is alive and Allah, the Almighty, is more
at this time a snake appeared and they separated. Then Umar said: “If Allah has willed to fix it, he would have done so.” Then Umar went to Zayd bin Thabit in his house and said to him: “I have come to you about the matter of the grandfather and I want to make him as a father.” Zayd said to him: “I do not agree with you to make him as a father.” Umar became very angry and went away. Later on he sent for Zayd. Zayd wrote down his opinion about the matter on a tablet and sent it to Umar. When it reached Umar, he made a speech before the people and read for them what Zayd had written on the tablet and said: “Zayd has given his opinion about the matter of grandfather and I have approved it.”
This case has been called as “al-Himariya” because one of the brothers has said
to Umar: “Suppose that our father is a donkey (himar)…” It might also been
called as al-Hajariyya or al-Yammiyya because it has been narrated that one of
the brothers has said to Umar: “Suppose that our father is a rock (hajar) thrown
in the sea (yamm).” Also it might be called as “al-Umariyya” because Umar has
had two different judgments on it. It has also been called as “common
inheritance”. It was one of the famous cases among the jurisprudents of the
four Sunni sects although they have disagreed among them about it; Abu Haneefa
and his two companions, Ahmad bin Hanbal, Zafar, and ibn Abu Layla thought that
the two full brothers had had no right of their mother inheritance as Umar had
decided in the first time while Malik and ash-Shafi’iy thought that the two full
brothers had the right to participate with their other two brothers in the third
of their mother’s inheritance as Umar had decided in the second time.
reason behind changing his mind was that he had been asked about the case and he answered according to his own opinion concerning the matter of inheritance and then one of the full brothers said to him: “O Ameerul Mo’mineen, if we suppose that our father is a donkey, are we not from one mother?” Umar pondered a little and then he said: “You are right. You all are from one mother.” Then he spread the third of the inheritance among all of them.” This event has been mentioned in this way by Ahmad Ameen in his book Fajr al-Islam, p.285.
 For more details refer to Taj al-Arooss by al-Wasiti.