February 10, 2023 – Aal-e-Qutub Aal-e-Syed Abdullah Shah Ghazi

Law 1. A Rare Example of Insight Regarding Ecclesiastical Law

A man brought his slave to Hazrat Ali (A) and said: “Ya Amir ulMomineen! This slave of mine has married a woman without my permission.”

Hazrat Ali (A) said to him.

“Why don’t you separate them.” Thereupon, the man ordered his slave:

“O you bad man! Divorce your wife.” When Hazrat Ali (A) heard these words, he said to the slave that he was free either to divorce or not to divorce his wife.

The master of the slave was taken aback when he heard these words of Hazrat Ali (A) and said to him.

“Ya Amir ul-Momineen! You just said to me that I can separate the two. But now you are saying to the slave that was at liberty to divorce or not divorce his wife.”

Saying this he solicited favour of the holy Imam (A) to explain to him his two different order:s in one and the same case.

Hazrat Ali (A) enlightened the man thus:

“When you ordered your slave you admitted interalia that you had permitted him to marry otherwise the marriage would have been unlawful and in that case you need not have to order him to divorce his wife, because divorce was necessary after only a lawful marriage. The result: The marriage was lawful as you have indirectly admitted. Therefore, your slave is now at liberty to divorce his wife or not.” (Bihar, vol. 9, p. 492).

2. The Case of a Marriage Wherein a Woman had Married a Man With

the Condition That the Matter of Divorce Would Remain in her Hands It has been reported by Hazrat Imam Muhammad Baqir (A) that once a man during the period of Hazrat Ali (A) married a woman who had placed the condition of the marriage that the matter of divorce would remain in her hands in case he lived separately or married another woman.

The man when sought adviceofHazrat Ali (A) in the matter he told him that the conditions of Allah in the case of a marriage were superior over all other conditions and all other conditions become null and void in comparison with the conditions of Allah.” Allah, he said, has put the condition on a marriage i.e., has commanded that the matter of divorce in case of each and every marriage would remain in the hands of man and not the woman.” (Wafi,

vol. 21, p. 70).

Allama Jazaeri while translating the above into urdu from Arabic vide page 272 of his book Abu Turab, vol. 2, has added a note thereto as follows:

“The above decision of Hazrat Ali (A) throws light on the question as to whether the matter of divorce could religiously be the right of a woman or
not.”
Allama Jazaeri has discussed the point at length in his book referred to above, but we leave it for want of space in this small book. (Kaukab Shadani).

3. Second Marriage During the Probation Time (Iddah) of a Woman Qarezi Abu Yusuf and Imam Ahmad Hambal reported that a woman who had married during probation was brought to Hazrat Omar. (RA)

Hazrat Omar (RA) ordered that she should be separated from her husband and her dower be deposited in the Bait-ulmal (Public Exchequer). He added that he did not think that the dower was correctly connected with the marriage in question. “Therefore”, he said, “the man and the woman have both been deprived of each other in this case.”

When Haziat Ali (A) heard of the decision of Hazrat Omar (RA) in the above case, he said:

“If these people were ignorant of the religion law in this connection, none could deprive the woman of her right to the dower, because the man has already utilized his matrimonia

rights.”

He said further, “let them separate for the duration of th probation period, but he has the right to marry her again if he likes like others, and the marriage would then be lawful

religiously.”

When Hazrat Omar (RA) heard of this, he went to the pulpit and addressed the audience as follows:

“If any of you have contracted such a marriage out of ignorance of Sunnah (religious law) he should correct it under the light of the decision of Ali.”

Hazrat Omar (RA) then decided the case in question himself accordingly. (Manaqib Shehr A’shob: vol. 2, p. 183; Zakhair- ul-Uqba: p. 81; Arjhul Matalib, p. 124).

4. Coition Before and after ahe End of the Probation Period (Iddah)

If a man is charged of coition with his divorced wife after the end of the probation period he will be awarded punishment as fixed by Ecclesiastical law according to a decision of Hazrat Ali (A), but if he is charged of the same act before the end of the probation period after divorce it would be deemed to be return to the original position and no punishment will have to be awarded therefor. (Mustadrik: vol. 21, p. 126).

5. No Pardon after an Accusation is Proved to be False

A woman accused her husband to have committed adultery. When the man was going to be punished therefor under the orders of Hazrat Ali (A). She said that she had pardoned him. Hazrat Ali (A) remarked.

“Now there is no use of your pardoning him, because the charge has been proved. He must, therefore, be punished for the crime.” (Qaza and Teha: p. 165).

6. Accusing a Group of People

Said Hazrat Ali (A):

“If some one accuses a group of people and the accusation is on investigation proved to be false the number of punishment would be according to the number of persons in the group so accused, provided the accuser has named all the persons in the group otherwise the number of the punishment would be according to the number of the people the person concerned has name.

(Qaza and Teha: p. 165).

8. A Gift for Hazrat Othman

Once, Hazrat Osman was on his way to pilgrimage to Mecca and attired in the restricted costum (Ehram) of Haj (pilgrimage to Mecca). Meanwhile a man happened to bring a roasted bird to him as a gift for him and for his friends.

Hazrat Osman did not seem to feel any restriction connect therewith, but his companions did not touch the meat. Thereupon, Hazrat Osman (RA) exclaimed: “Brothers! This meat of the bird is not prohibited for us, because we did not hunt the bird nor anyone else who is dressed in the restricted clothes of the pilgrimage. Therefore, I don’t see any harm in eating this meat.” But the people present in his tent said, “You may

not, but Hazrat Ali (A) does not like it despite all the explanation you have given in this connection.

Then, Hazrat Osman called Hazrat Ali (A) through some one. Hazrat Ali (A) who was marking the camels there seemed a bit annoyed but still he accompanied the man to the tent of Hazrat Osman. (RA)

Hazrat Osman (RA) said to him: “Ya Ali (A)! You always seem to go against me in all the ligious matters.”

On this Hazrat Ali (A) said to the people present there. I ask you to tell on oath whether the Holy Prophet (SA) had not once refused the meat of a roasted wild donkey with the excuse that he and his companions were dressed in the restricted clothes of Haj and if the meat was not given to those who were not?”

About twelve persons present there said on oath that it had actually happened what had been described by Hazrat Ali (A).

Then, Hazrat Ali (A) asked the people present there again. to say on oath as to whether five eggs of the camelbird were not once brought to the Holy Prophet (SA) as a gift when he was on his way to Mecca for Haj and as to whether had he not refused to eat them on the same place.

About a dozen of people again said on oath that it had happened the same way as was described by Hazrat Ali (A). Thereupon, Hazrat Osman went inside his tent, leaving the gift with (hose who had brought it.

(Musnad Ahmad bin Hambal vol. 1, p. 100-104; Manaqib vol. 2, p. 194; Nasikhut Tawarikh vol. 3, p. 738, Kitabul Um lil Shafai Voi. 7, p. 257; Sunan-i-Baihaqi vol. V, p. 194; Kanzul Ummal Voi. Ill, p. 53, also Abu Turab (Urdu) by Allama Jazairi Voi. II, P. 280-281). 9. How to Put a Dumb on Oath

Hazrat Ali (A) was once requested to describe how to a dumb on Oath. He said; “Praise is for Allah that He did not make me depart from this world before I had solved all the religious problems of the Muslim nation wherein they needed my help.”

Thereafter, he described the way of putting a dumb on oath in a case wherein he or she is a defendent in the following manner.
He said: “If a dumb person is accused of borrowing any thing from somebody and when he or she is called to a court of law and required to say on oath as to whether he or she had or had not borrowed in kind or cash from the complainant in the case in question he or she shown the Holy Quran and asked as to what it was. He would certainly raise his or her finger towards the sky, there is to say, that it was the Book of Allah.”

He then asked Qambar to bring a pen and an inkpot and wrote on a piece of paper the following words:

“I take oath of the one and only Allah there no God except Himself; Who knows all the visible and the hidden things; He desires His creature to be true and virtuous and is the most powerful; He who has the power to benefit and harm all. He who is kind and merciful; He Who has the power to ruin and catch any body. He likes to; He Who is

aware of what is said and what is not said; I do not owe (such a such man or woman) here the person concerned has to be named any thing and he or she (name of the person concerned) has no right to ask me to refund (name the thing or the amount of cash whatever the case may be).”

He then asked Qambar to wash the words from the piece of the paper and take the water to the last drop in a tumbular. Then he said to the people who had requested him to describe the manner in which a dumb was to be put on oath to “let the dumb involved in such a case to swallow the liquid prepared like this and the oath would be over.”

Proceeding further, he said: “If the dumb person refuses to drink that water the charge is proved,” (Qaza p. 147).

10. The Funeral Prayer for a Deserter or a Fugitive From War not Allowed

When Hazrat Ali (A) reached the dead of his side in the wars of Jamal, Siffeen and Nehrawan, he did not allow the funeral prayers for those who were wounded on the back, but he allowed the prayer for those who were wounded on the front side of their bodies and got them burried like the dead Muslims.

(Qaza p. 179).

11. No Ransom Money for the Fugitives

It has been reported by Asbagh bin Banatah that Hazrat Ali (A) used to pay ransom oney only for those prisoners of war who were wounded on the front side of their bodies and get them freed thereby, but not those who were wounded in their backs. (Qaza p. 179).

14. Punishment for the Denial of Prophethood

Kulaini has reported in ‘Kafi’ on the authority of Imam Jafar-e-Sadiq (A) that Hazrat Ali (A) was once sitting in the Juma Mosque of Kufa when four persons were presented to him as prisoners with the crime that they were taking food during day time although they knew it that that was the Holy month of Ramzan.

Hazrat Ali (A) talked to them as follows:

“Did you take your food during day knowing that it was the month of Ramzan?”
“Yes, Sir.”
“Are You Jews?”

“No Sir”

“What religion do you, then, belong to?” “We are Muslims, Sir.”

“Then you must be travellers?”

“No, Sir, we are the residents of this very city.”

“Christians?”

“No, Sir.”

“Then you must be suffering from certain diseases of which others might not be aware, but you might be knowing them well? as the Holy Quran says: “A man knows about himself and when a disease befalls him he knows it.’

“Thank God, we are not suffering from any disease what.soever,” replied the prisoners.

Hearing this Hazrat Ali (A) smiled and asked the prisoners. “Do you believe in the Unity of God and the Prophethood of Muhammad (SA)”?

The prisoners replied “We believe in the Unity of God, but we do not believe in Muhammad (SA) as a Prophet of God; we rather believe that Muhammad (SA) was only an Arab, who had invited people to gather round him.”

Hazrat Ali (A) then said to them “If you denied the Prophethood of Muhammad (SA) after calling yourselves Muslims, I shall kill you all.”

To this they replied: “You may do whatever you like.” Thereafter, no way out was left for Hazrat Ali (A) except killing them for the crime of apostasy. But he killed them by smoke gradually i.e., putting them in a covered ditch blocked on all the four corners except a hole to a similar ditch wherein they were put and through which smoke was passing to their ditch from the adjacent one where a fire was buring and putting the question to them as to whether they agreed for penitence for their crime of apostasy. But the prisoners were adamant enough not to agree to penitence with the result that all died without a word till they breathed their last.

When the news of the above incident spread to other cities a group of Jews came from Medina to Kufa and requested for audience with Hazrat Ali (A) and it was duly granted.

When they were presented to Hazrat Ali (A), they said to him:

“Sir, we have heard that have invented a punishment for killing people which is against all the tents of Islam as well as those of Christianity and the religion of the Jews. We have, therefore, came to ask you, Sir, whether it is true or not.”

Thereafter, they waited for an answer from Hazrat Ali (A) and it came as follows:

“It put you on oath by the signs which were shown to Hazrat Musa (A) (Moses) and by the one who does not need any thing but is the whole and sole monarch of the Day of Judgement i.e., Allah to say as to after departure of Moses (A) a group of people was no brought to Yoosha bin Noon with the accusation that they believed in the Unity of God, but they had denied the Prophethood of Moses (A), although they had accepted him as a Prophet

earlier and to whether the latter had not awarded the same punishment to them as have awarded to these so called Muslims now?”

All the Jews then said with one voice: “We now believe that you know the Secrets of Moses (A).” Thereafter their leader took out a document from under his cloak and showed to Hazrat Ali (A).

After Hazrat Ali (A) had gone through the document he began weeping bitterly. The leader of the Jews asked him as to whether he could read Hebrew being an Arab, Hazrat Ali (A) replied in the affirmative and told his (Hazrat Ali AS) own name was written in the document and that was the reason of his shedding tears.

The Grand Jew requested Hazrat Ali (A) to show where his name was written in the document. Hazrat Ali (A) showed him his name and told him Elia stood for Ali in Hebrew language.

Thereafter, the Grand Jew together with his folks recited the Kalma and became Muslims. (Biharul Anwar, vol. 9. p. 492). 5. Decision That Penitence Purifies a Sin

It has been described by Suduq on the authority of Saad binTarif who has carried it from Asbagh that a man came to Hazrat Ali (A) and submitted to him that he had committed a crime and asked him to purify him. Hazrat Ali asked whether he was suffering from any major disease. When he replied in the affirmative, Hazrat Ali (A) asked him to go get the disease treated and then con back to him. When he cam back, Hazrat Ali (A) asked him whether he repented what he had done. The man said, “Yes and wept bitterly.

Then Hazrat Ali (A) told him that repentence had purified him as sincere repentenee and penitence was sufficient for purification. But it has been unanimously accepted that nobody else than an Imam can grant forgiveness

like this. (Abu Turab, vol. 2, p. 118). Hazrat Ali (A) Ali! Thou art the rarest gem That the world has ever seen ; Thou art the embodiment great of godliness, beauty and love ; Thy spotless life so pure and good Inspires men to tread their upward path To the horis land of calm and bliss. First in battle and first in truth Thou stood’s stately, sure and firm By Muhammad’s dark and sunny days, Dined with him that Meraj night, And slept on his hallowed bed that perilous night From whence the Islamic age began. Full of wisdom and full of lore art thou As truly said the Holy Prophet greatFor at thy feet the two worlds sat Praising thee for thy talents rare ; Ali ! Thou shouldst be the first Caliph! Immortal Ka’aba thy place of birth
Immortal Koofa-Mosque thy place of death; Ali Thou art a blessed God’s own being ! Thou wert to thine murderer extremely kind Who clapped in chains was before thee brought ! Even as the sandal tree its fragrance yields To the wood-cutter that strikes it hard Thou set him free with a glorious grace And offered him thy bread and milk These eternal charity deeds of thine The living world remembers and reveres sure ! Cursed be the men that envied thee And those that thought and spoke low of thee, Despite the virtuous birth and heritage divine; Aided thus by false and impure men Did jarring sect into Islam creep But thou shinest above these all O Lord Like a steadfast star of the skies ! These numbers are but a frail tribute to thee My Lord, I implore thee–cast once thy gracious smile One and one only, I implore thee, I am blessed. By the Courtesy of Mirza Ghulam Raza (Masolipatam) You may need use the karbala attached to see the

SARKAR WARIS MANNER OF SPEECH

Our saint’s way of speech was peerless and in its intrinsic and extrinsic value capable of satisfying the needy and spiritually guiding the people so as to fire them from heavy loads ofworldly entanglement’s Our Saint taught people that except repeating the invocation of God and thinking always of the Beloved, one should be inattentive to other matters. The necessities and desires of any of his devotee were fulfilled according to their quests and interests. From this point of view his comprehensive talks were unique and needed no further elucidation. His speeches from the point of eloquence though abstruse and always plunged in contemplation were pithy, clear and pleasant. His speeches were full of reliable idioms.

He would converse with his devotees in short sentences that could satisfy different people who came for solving their own questions. There were sparks of humility in his speeches free from arrogance and contempt against others, pure from stains of bias and sensuality but overflowing with love and truth.

The flow of language in his speeches was natural and flexible, able to uplift one’s soul to higher exaltation. Though his mother tongue was Urdu, he spoke with Arabs, afghans and Persians in their respective languages without formality and unhesitatingly.

If we view his speeches from the rhetorical point of view they were brimming with issues of spiritual anecdotes, truths of penury and the audience would be entirely on their tenterhooks.