Bequeathing by the Prophets
Source: Al-Nass Wal-Ijtihad, Text and Interpretation
By: Allama Abdul Husayn Sharafuddin al-Musawi
The share of the relatives
It is the share that has been mentioned by this verse: “And know that whatever thing you gain, a fifth57 of it is for Allah and for the Messenger and for the near relatives and the orphans and the needy and the wayfarer, if you believe in Allah58 and in that which We revealed to Our servant, on the day of distinction, the day on which the two parties met; and Allah has power over all things” (Qur’an 8:41).
The Muslims have agreed unanimously that the Prophet (S) has taken a share of the khums for himself and given another share to his near relatives and he has never changed this matter nor had he ordered any one to change it until he had been invited by Allah to be in the better world.
When Abu Bakr became the caliph, he interpreted the verse according to his own thinking and he omitted the share of the Prophet (S) and the share of his relatives after his death.59 He prevented the Hashemites from getting their right of the khums and he considered them as same as the orphans, the poor and the wayfarers of the other Muslims.
Fatima (sa) sent a messenger to Abu Bakr asking him for her inheritance of what her father (S) had left in Medina and Fadak and what had remained of the khums of Khaybar but Abu Bakr refused to give her anything of that. She became very angry with him. She deserted him and did not talk to him until she died. She lived for six months after the death of the Prophet (S). When she died, her husband ‘Ali (as) buried her at night without letting Abu Bakr know or attend the funerals…. 60
Muslim mentioned in his Sahih a tradition narrated by Yazeed bin Hurmuz saying: “Najda bin Aamir al-Harawri the Kharijite wrote a letter to Ibn Abbas. I was there when Ibn Abbas read the letter and when he wrote his reply. Ibn Abbas said: “By Allah, I want just to prevent him from being in error; otherwise I will not write to him even one word.” He wrote to him: “You have asked about the share of the relatives that Allah has mentioned in His Book… and who they are! We have seen that we are the relatives of the Prophet (S) but our people denied that…”61
Imam Ahmad bin Hanbal mentioned this tradition in his Musnad, vol.1 p.294. The tradition has been mentioned in many books of Hadith in true ways and by reliable narrators. What has been mentioned in the tradition expresses the real opinion of Ahlul Bayt (as).
But most of the Sunni Imams have adopted the opinion of the two caliphs (Abu Bakr and Umar) without assigning a special share from the khums to the relatives (of the Prophet (S)).
Malik bin Anas had determined that all the khums would be spent according to the opinion of the Imam, who would spend it on the benefits of the Muslims as he liked, and there was no shares for the relatives (of the Prophet (S)), the orphans, the poor or the wayfarers at all.
Abu Haneefa and his followers had omitted the share of the Prophet (S) and the share of his relatives and divided them among the orphans, the poor and the wayfarers of the rest of the Muslims where there was no difference, according to their opinion, between the Hashemites and the other Muslims.
Ash-Shafi’iy had made it five shares; a share for the Prophet (S) to be spent in the same ways that the Prophet (S) had been used to spend on the benefits of the Muslims like supplying the army with horses (equipments), weapons and the likes and a share for the relatives from Bani Hashem and Bani Abdul Muttalib and not Bani Abd Shams and Bani Nawfal to be divided in a way that a male would get as double as the share of a female. The rest of the khums was to be divided among the other three classes; the orphans, the poor and the wayfarers.
We , the Shia, divide the khums into six shares;62 two for Allah and His messenger, and these two shares besides the share of the relatives (the Prophet’s progeny) are for the (disappeared) Imam, who represents the Prophet (S), and the rest three shares are to be given to the orphans, the poor and the wayfarers of the Prophet’s progeny especially where no one of the common people has a right to be given from the khums because Allah has made charities impermissible for the Prophet (S) and his progeny and so He has compensated them for that by giving them the khums. This has been mentioned by at-Tabari when talking about Imam Ali bin al-Husayn as-Sajjad (S) and his son Imam Muhammad bin Ali al-Baqir (S).
Our ulama have agreed unanimously that the khums is obligatory to be deducted from every benefit one gets from business, trade, crafts, agricultural products, cattle and others. It is also obligatory on found (by chance) treasures, minerals, precious things got from the bottom of the sea by diving and other sources of wealth. This is mentioned in our jurisprudence and traditions narrated from the Prophet (S) and the infallible imams. Our evidence in that is he Qur’anic verse: “And know that whatever thing you gain, a fifth of it is for Allah and for the Messenger and for the near relatives and the orphans and the needy and the wayfarer” (Qur’an 8:41).
“Gain” includes all that man can make use of. The lexicons have shown this meaning clearly and the point of discussion here is the ijtihad to omit the share of the relatives (of the Prophet) although the verse has confirmed it so clearly.
Bequeathing by the Prophets
Allah has said: “Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and the near relatives leave, whether there is little or much of it; a stated portion” (Qur’an 4:7) and “Allah enjoins you concerning your children: The male shall have the equal of the portion of two females” (Qur’an 4:11).
These verses are general in concerning the Prophet (S) and the rest of the peoples equally. They are like the other general verses such as “O you who believe! Fasting is prescribed for you, as it was prescribed for those before you…” (Qur’an 2:184) and “..but whoever among you is sick or on a journey, then (he shall fast) a (like) number of other days” (Qur’an 2:184) and “Forbidden to you is that which dies of itself, and blood, and flesh of swine, and that on which any other name than that of Allah has been invoked, and the strangled (animal) and that beaten to death, and that killed by a fall and that killed by being smitten with the horn, and that which wild beasts have eaten, except what you slaughter…”(Qur’an 5:3)
and many other verses that concern the legal verdicts, which includes the Prophet (S) and the rest of the peoples with no difference but the orders are addressed to the Prophet (S) to act according to them and to inform the others of them to act according to them too. In this case the verses just show that the Prophet (S) is worthier than the others in keeping to the verdicts.
Allah has said: “…and those who are akin are nearer one to another in the ordinance of Allah” (Qur’an 8:75).
In this verse Allah has determined that the right of inheritance is for the relatives of the bequeather. Before the revelation of this verse, bequeathing was among the rights of wilayah (guardianship) in religion, but when Islam and the Muslims became powerful and prevailing, the rights of those, who were among the inheritors previously, were annulled by this verse. The right of inheritance became limited to the relatives of the bequeather; the nearest, the nearer and so on, whether the bequeather was the Prophet (S) or any of the other people according to the apparent meaning of the verse.
Besides these verses, Allah has said when talking about Zachariah: “When he called upon his Lord in secret; he said: My Lord! surely my bones are weakened and my head flares with hoariness, and, my Lord! I have never been unsuccessful in my prayer to Thee, and surely I fear my cousins after me, and my wife is barren; therefore grant me from Thyself an heir, who should inherit me and inherit from the children of Yaqoub, and make him, my Lord, one in whom Thou art well pleased” (Qur’an 19:3-6).
Fatima az-Zahra’ (S) and the infallible imams of her progeny have protested with this verse when asking about their extorted inheritance. Definitely this verse shows that the prophets bequeath wealth and properties and the word “inherit” mentioned here refers to inheriting properties and not inheriting knowledge or prophethood. All the Shia ulama have adopted this opinion and said that the word “inheritance” in the language and the Shari’ah does not refer except to movable wealth and properties and it is not used to refer to other than properties except figuratively and metaphor does never change a certain fact into a metaphor without a clear evidence.
Zachariah has said in his invocation: “..and make him, my Lord, one in whom Thou art well pleased” (Qur’an 19:6).
This means: O my Lord, make the one, who will inherit me, pleased near You and make him obedient to Your orders. So if we interpret “inheritance” as inheriting prophethood, then the saying of Zachariah will be nonsense and vain. Do you not think that it is nonsense when someone invokes Allah by saying: “O Allah, send us a prophet and make him sane and well-mannered”? Definitely all the prophets, whom Allah has sent to guide His people, are the highest examples of morals.
What evidences our opinion is that Zachariah (S) has declared that he feared that his cousins might extort his properties after his death when saying: (I fear my cousins after me) so he has invoked Allah to grant him a child to inherit him. Surely he feared his cousins for his properties and not knowledge and prophethood because Prophet Zachariah (S) was aware and did not fear a bit that Allah might entrust someone, who was not qualified, with prophethood nor would Allah make bad people inherit His knowledge and wisdom.
Someone may say that this argument ascribes stinginess to Prophet Zachariah (S).
God forbid! We do never believe so. Wealth is granted (by Allah) to a believer and to a disbeliever, to a good man and to a bad man. Prophet Zachariah (S), because his cousins were bad, feared that they would spend his wealth on corruption. This was the wisdom of Prophet Zachariah (S) because supporting corrupt people and assisting them to keep on their bad doings is prohibited by religion and reason. He, who considers this as stinginess, will be unfair.
His saying (I fear my cousins after me) means that he fears their immorality and bad doings. So he fears that his cousins may inherit his wealth and spend it on disobedience; therefore he invokes Allah to grant him a good child to spend his wealth on what will please Allah.
In short, we are to interpret “inheritance” in this verse to mean wealth and not prophethood or other things according to the real meaning of the word, which comes to mind, without supposing other meanings for there is no any context referring to prophethood or other things. In fact all the evidences in the verse lead to the real meaning of the word “inherit” and not a figurative meaning.
This is the opinion of the infallible imams (S) about this Qur’anic verse and no doubt that the infallible imams (S) are equal to the Qur'an and they both, the Qur'an and the infallible imams, will not separate until the Day of Resurrection. All people have known what there was between Fatima az-Zahra’ (S), the head lady of the worlds’ women, and Abu Bakr. She had sent a messenger to Abu Bakr asking him for her inheritance of her father’s properties. Abu Bakr said: “The messenger of Allah said: “We (the prophets) do not bequeath. What we leave is to be considered as charity”. 63
Aa’isha said: “Abu Bakr refused to give Fatima anything of her inheritance and he appropriated all the Prophet’s properties to the treasury; therefore Fatima became very angry with Abu Bakr. She turned away from him and did never talk to him until she died. She lived after the Prophet (S) for six months and when she died, her husband Ali buried her in the night according to her own will 64 …and Abu Bakr did not attend the funerals…”. 65
Yes! She became very angry…she put on her veil and gown and came, with her maids and some of her fellow-women walking exactly like her father’s gait, to Abu Bakr, who was among a crowd of the Muhajireen, the Ansar and other people. A curtain was put between her and the people. She moaned in a way that all the people began to cry and the meeting shook. She waited until they stopped crying and became quiet. She began her speech with praising Allah and then her eloquence streamed… She preached the people in the best of speeches As if she talked with the tongue of al-Mustafa66
The sights submitted and the souls surrendered. If politics was not prevailing over the minds at those days, she would turn back the strayed tendencies and bridle the worldly greed, but it was politics that had gone too far with its tendencies without caring for anything.
He, who reads her speech on that day, 67 will find what there was between her and those people 68 (the caliph Abu Bakr and his followers). She quoted many clear verses to evidence her inheritance. They were irrefutable evidences that could never be denied. Among what she had said on that day was this passage: “Have you intendedly turned away from the Book of Allah and left it behind your backs? Allah says in His Book: “And Solomon was David's heir” (Qur’an 27:16)
and He says when talking about Prophet Zachariah: “..therefore grant me from Thyself an heir, who should inherit me and inherit from the children of Yaqoub, and make him, my Lord, one in whom Thou art well pleased” (Qur’an 19:6).
He also says: “… and those who are akin are nearer one to another in the ordinance of Allah” (Qur’an 33:6) and “Allah enjoins you concerning your children; the male shall have the equal of the portion of two females” (Qur’an 4:11) and “It is prescribed for you, when death approacheth one of you, if he leave wealth, that he bequeath unto parents and near relatives in kindness. (This is) a duty for all those who ward off (evil)” (Qur’an 2:180).
Has Allah distinguished you with a verse that He has excluded my father from? Or are you more aware of the special and general verdicts of the Qur'an than my father and my cousin (Ali)? Or do you say: “People of two (different) religions do not inherit each other”?
She protested against the caliph and evidenced her protest by quoting the clear Qur’anic verses (of Zachariah and Solomon) that had confirmed bequeathing by the prophets. By Allah, she is more aware of the meaning of the Qur'an than those, who have come a long time after the revelation of the Qur'an and who have distorted the real meaning of inheritance into inheriting wisdom and prophethood instead of wealth and properties. They have just preferred the figurative meaning to the real meaning without any evidence at all to drive the real meaning to another one. This is impermissible. If it was probable, then Abu Bakr or any one of that crowd of the Muhajireen and the Ansar would refute Fatima’s claim on that day.69
She also protested against the caliph, when asking for her inheritance, by referring to the general verses concerning inheritance and especially this general verse “Allah enjoins you concerning your children: The male shall have the equal of the portion of two females…”(Qur’an 4:11)
She denied his limiting the general verdicts without any legal evidence from the Qur'an or the Sunna. She said denyingly: “Has Allah distinguished you with a verse that He has excluded my father from?” She confirmed by this saying that there was no any evidence in the Qur'an that might limit these general verdicts. Then she said: “Or are you more aware of the special and general verdicts of the Qur'an than my father and my cousin (Ali)?” By this saying she confirmed too that there was no any evidence in the Sunna that might limit these general verdicts.
In fact she denied any kind of limitation at all because if there was something of that, then the Prophet (S) or his guardian ‘Ali (as), would declare it to her and they would not let her unaware of it because that would be a kind of negligence in informing of the Shari’ah, dilatoriness in warning, hiding the truth, encouraging ignorance, inciting to ask for the untruth, injuring her dignity and would make her argue and confront and would expose her to enmity and hatred without having the right of what she would ask for. Definitely this is impossible for the prophets and for their guardians.
In short, the Prophet’s love and kindness to his daughter was over any love of the kind fathers towards their dutiful children. He covered her with the shadow of his great mercy, sacrificed himself for her 70 and delighted greatly when being with her. He tried whatever he could to educate her and to honor her to the utmost. He taught her the knowledge of Allah and the knowledge of His laws. He didn’t spare any effort in that until he made her at the top of every virtue and honor.
After that, was it possible for him to conceal such a verdict without letting her know her legal obligation? God forbid! Would he expose her, by this concealment, to all of the troubles she had got after his death because of her inheritance? In fact all the Ummah faced a bad sedition, which was the consequence of depriving her of her inheritance.
And was her husband, the Prophet’s guardian and spiritual brother, in spite of his abundant knowledge, wisdom, precedence in Islam, kinship to the Prophet (S), honor, high position and guardianship, unaware, too, of this tradition “We, the prophets, do not bequeath”? And why the Prophet (S) had concealed that from his spiritual brother, his guardian, the guard of his secrets, the gate of the city of his knowledge, the best judge among his Ummah; the gate of repentance, the ship of rescue and the safety of the Ummah from being separated? And why had his uncle al-Abbas and the rest of the Hashemites not heard of this tradition until they were surprised with it after the death of the Prophet (S)? And why had the Prophet’s wives not known about it so that they sent Othman to ask for their inheritance after the Prophet’s death? How had the Prophet (S) dared not to inform his wives of this legal verdict? Definitely the Prophet (S) was not indifferent a bit at all! He used to announce the verdicts of Allah openly. His morals were not so towards his relatives. He was so kind and mindful as he had been ordered by Allah: “And warn your nearest relatives” (Qur’an 26:214).
One word remained for Fatima (sa), by which she provoked the zeal of people and excited their anger to the utmost. She said: “Or do you say: “People of two (different) religions do not inherit each other”? She meant that the general verdicts of inheritance were not to be limited according to those people’s own pretenses. The Prophet (S) had said: “People of two (different) religions do not inherit each other”. She wanted to say to them: “You deprive me of my inheritance to say that I am not on my father’s religion and so you will have a legal evidence on that!” We are Allah’s and to Him we shall return!
The donation of Fatima
When Allah the Almighty assisted the Prophet (S) to conquer Khaybar and cast horror into the hearts of the people of Fadak, they submitted to the Prophet (S) servilely. They made peace with him by giving him a half of their land71 and the Prophet (S) accepted that from them and so a half of Fadak became a pure property for him where “..whatever Allah restored to His Messenger from them you did not press forward against it any horse or a riding camel but Allah gives authority to His messengers against whom He pleases” (Qur’an 59:6)
and upon this all the Ummah had agreed unanimously with no any objection by anyone.
When Allah revealed: “And give to the near of kin his due” (Qur’an 17:26), the Prophet (S) donated Fadak to his daughter Fatima (sa). It was still in her hand72 until it had been extorted from her to be added to the treasury.
This was what Fatima (sa) had claimed after the death of the Prophet (S) and because of this she had been subjected to trial.
Al-Fakhr ar-Razi said: “When the messenger of Allah died, Fatima (sa) claimed that the Prophet (S) had donated Fadak to her. Abu Bakr said to her: “It hurts me to see you needy and it delights me to see you needless but I do not know whether your saying is true or not; 73 therefore I can not judge for you.” Umm Aymen and another mawla (follower) of the Messenger of Allah74 witnessed for Fatima but Abu Bakr wanted a witness, whose witnessing would be accepted according to the Shari’ah”. 75
Ibn Hajar al-Haythami in his book as-Sawa’iq said: “Fatima, in her claim that the Prophet (S) had donated Fadak to her, did not bring except Ali and Umm Aymen as witnesses and so the quorum was not complete…” 76
The same has been said by Ibn Taymiyya, Ibnul Qayyim and other Sunni ulama concerning this case.
May Allah forgive them and us and may He be pleased with Abu Bakr and make Fatima, her father, her husband and her son forgive him! Would he have preferred a suitable decision in order not to put Fatima (sa), the prophet’s trust, who had recently lost her father, in those bad situations; once because of her inheritance, another time because of her donation of Fadak, a third time, a fourth time…worries and griefs…would he have not let her go angry and disappointed and then to die on her anger and to recommend in her will what she had recommended!
Glory be to Allah! Where was the deliberateness of the caliph (Abu Bakr)? Where was his patience? Where was his insight about the ends of the affairs and where was his caring for the benefits of the Muslims?
Would he have avoided the fail of Fatima (sa) in her situations as possible as he could with all wisdom he had! Had he done so, it would have been much better for him and it would have kept him away from regretting and being blamed and it would have been better to unite the Ummah!
He could have protected the trust of the Prophet (S) and the only daughter of him, Fatima (sa), from being disappointed and then to go back upset stumbling with her garment. What would he have lost, where he had occupied the position of her father, if he had given Fadak to Fatima (sa) without a trial? An imam could do that due to his general guardianship and what the value of Fadak was before the general advantage of the Muslims and before avoiding evils!
This is what many earlier and later scholars have wished that Abu Bakr had done.
Here we quote a word concerning this subject said by Professor Mahmood Abu Riyya, the Egyptian coeval scholar: “There is a matter that we have to say a frank word about; it is the situation of Abu Bakr towards Fatima (may Allah be pleased with her), the daughter of the Messenger of Allah, and what he has done to her concerning the inheritance of her father. Let us suppose that we submit to the traditions narrated by a single narrator and submit that they may limit the general verdicts of the Qur’an and that the Prophet (S) has said: “We, the Prophets, do not bequeath”; nevertheless Abu Bakr could give Fatima (may Allah be pleased with her) some of her father’s inheritance and that Fadak might be considered as a part of that inheritance. This would be his right that no one could refute because he was the caliph and the caliph could give whatever he liked to whomever he liked.
The caliph himself had donated some of the Prophet’s inheritance to az-Zubayr bin al-Awwam, 77 Muhammad bin Maslama and others.78 This very Fadak itself had been donated to Marwan by the caliph Othman after a short time!” 79
Ibn Abul Hadeed mentioned in his book Sharh Nahjul Balagha some speech of some earlier scholars, who had criticized the two caliphs, Abu Bakr and Umar, due to their situations toward Fatima az-Zahra’ (S) after her father’s death: “It would be better for them to be more generous, besides their faith, than to commit what they had committed toward the daughter of the Messenger of Allah”. Ibn Abul Hadeed commented: “This speech has no answer!” 80
Let us away from generosity and let us discuss the matter of the trial. The legal evidences were sufficient to make it obligatory to judge for Fatima (sa) in order to get her donation back. These evidences, besides that they were sufficient, were numerous. This was clear to the fair people of understanding.
It was enough that the ruler (the caliph), at that time, had already been certain that the claimer (Fatima), with her holiness, was equal to the Virgin Mary81 or better than her82 and that she and Mary, Khadeeja (the Prophet’s wife) and Asiya (the Pharaoh’s wife) were the best of the women of Paradise83 and that she and these three women were the best of the women of the worlds84 and it was she, to whom the Prophet (S) had said: “O Fatima, are you not satisfied to be the head lady of the believing women or the head lady of the women of this Ummah?”85
All the Muslims have known well that Allah the Almighty has chosen Fatima (sa) from among the women of the Ummah, chosen her two sons from among all the sons and chosen her husband from among the near people to be the elite with the Prophet (S) on the day of Mubahala (supplication) where Allah has revealed: “But whoever disputes with you in this matter after what has come to you of knowledge, then say: Come let us call our sons and your sons and our women and your women and our near people and your near people, then let us be earnest in prayer, and pray for the curse of Allah on the liars” (Qur’an 3:61).
Ar-Razi said in his book at-Tafseer al-Kabeer when interpreting this Verse: “The Prophet (S) came out wearing a black garment of wool while he was embracing al-Husayn and leading al-Hasan with his hand. Fatima was walking behind him and behind her was Ali. He said to them: “If I invoke Allah, you say Amen”. The bishop of Najran86 said: “O Christian people, I see faces, which if ask Allah to remove a mountain, He will remove it for them. Do not defy them; otherwise you will perish and no Christian will remain on the earth until the Day of Resurrection”. 87
Also the Muslims have agreed unanimously that Fatima (sa) was one of those, about whom Allah has revealed this Verse: “Allah only desires to keep away the uncleanness from you, O people of the House! and to purify you a (thorough) purifying” (Qur’an 33:33)
and she was one of those, whom Allah has ordered the Muslims to love as a reward for (informing of) the mission when revealing this Verse: “Say: I do not ask of you any reward for it but love for my near relatives” (Qur’an 42:23)
and she was one of those, whom Allah has imposed upon His people to pray for in their prayers as He has imposed upon them shahada.
Imam ash-Shafi’iy said, as mentioned in as-Sawa’iqul Muhriqa: “O people of the Prophet’s family, loving you is an obligation imposed by Allah in His Qur'an.
It suffices you, with your high position, that whoever dose not pray for you (in his prayer) his prayer will be not accepted”.
Sheikh Ibnul Arabi said, as in as-Sawa’iqul Muhriqa: “I find my allegiance to the progeny of Taha88 an obligation that, in spite of my farness, will make me near to Allah. The Beneficent has not asked for a reward in return to informing of guidance except to love the relatives (of the Prophet (S))”.
Allama an-Nabhani said in his book ash-Sharaf al-Mu’abbad: “O progeny of Taha, you are a progeny of the best of the Prophets.
Your grandfather is elite and you are elite.
Allah has purified you from uncleanness, O you Ahlul Bayt, since long before, so you are the purest.
Your grandfather has not asked for reward, when informing the mission, save loving and kindness to his relatives”.
And also Fatima (sa) is the best of the righteous, about whom Allah has said: “Surely the righteous shall drink of a cup the admixture of which is camphor. A fountain from, which the servants of Allah shall drink; they make it to flow a (goodly) flowing forth. They fulfill vows and fear a day the evil of which shall be spreading far and wide. And they give food out of love for Him to the poor and the orphan and the captive. We only feed you for Allah's sake; we desire from you neither reward nor thanks” (Qur’an 76:5-9).89
In short, Fatima (sa) was so holy near Allah, near the Prophet (S) and near the believers that would impose upon the all to trust in whatever she said. She would not need a witness to prove what she claimed. Her tongue was too far above every untruth. She would never say but the truth. Her very claim showed her definite truthfulness without a bit of doubt. No one of those, who had known her, would doubt this at all.
Abu Bakr had known her very well and believed in whatever she said but the fact was as Ali bin al-Fariqi, who was one of the famous scholars of Baghdad, a teacher in the western school (in Baghdad) and one of the teachers of Ibn Abul Hadeed (the author of Sharh Nahjul Balagha), had said when being asked by Ibn Abul Hadeed if Fatima (sa) had been truthful in her claim about her donation of Fadak: “Yes”. Ibn Abul Hadeed said to him: “Then why did Abu Bakr not give her Fadak while he knew well she was truthful?” He smiled and said nice words and then he added: “If he had given her Fadak that day just according to her claim, she would ask him the next day for the caliphate to be given to her husband (Imam Ali) and she would move him away from his position and then he would not find any excuse for that because he would have confirmed that she had been truthful in all what she had claimed without any need for witnesses”.
Hence Abu Bakr has allowed himself to deny the witness of Ali bin Abu Talib (S), when witnessing for Fatima (sa) concerning her donation, whereas the Jews of Khaybar, in spite of their meanness and in spite of that Imam ‘Ali (as) has destroyed them, have considered him (Ali) too exalted for committing a false testimony. And so the matters were mixed together that Abu Bakr considered Fatima (sa), in whose possession Fadak was, as a claimer, who had to have evidences to prove her possession. It was clear that this matter had been planned under darkness!
If we forgot many things, we would not forget Abu Bakr’s saying to Fatima (sa) “I do not know whether your saying is true or not” whereas her saying was merely the truth and the clearest evidence, due to which he had to judge for her as she had claimed.
If we gave up all that and we admitted that Fatima (sa) was like any other good believing woman, who had to prove her claim with a true evidence, then what about Imam ‘Ali (as), who had witnessed to her? It was ‘Ali (as), who was the Prophet’s spiritual brother and who was to the Prophet (S) as was Aaron to Moses. Imam ‘Ali (as) was the lofty witness of the truth, with whose witnessing the lights of certainty shone. Was there anything beyond certainty that a judge would seek in his judgments? Therefore the Prophet (S) had considered the witness of Khuzayma bin Thabit as a witness of two truthful persons. By Allah, Imam ‘Ali (as) was worthier of such a witness than Khuzayma and the others and he was worthier of every virtue than the rest of the Muslims.
If we gave up this too and admitted that the testimony of Imam ‘Ali (as) was like the testimony of one man of the fair Muslims, then was it not possible for Abu Bakr to ask Fatima (sa) to swear to be as the second witness? If she swore, he would accept her claim and if she did not, he would reject her claim. But he did not do that! He rejected the claim disregarding the testimony of Imam ‘Ali (as) and Umm Aymen.90
Imam ‘Ali (as) was the equivalent of the Qur'an. He was with the Qur'an and the Qur'an was with him. They would not separate.91 In the Verse of Mubahala he was considered as the very self of the Prophet (S). But alas! In spite of all that, his testimony in this trial was considered as null! What a misfortune in Islam we have received that we cannot but say: we are Allah’s and to Him we shall return!
Hurting Fatima (sa)
Rejecting Fatima’s claim about her inheritance was against the clear traditions rather than its reasons and environments. 203
Among those traditions is the one that has been mentioned by Ibn Abu Aasim (as in al-Isaba - Fatima’s biography). He mentioned that the Prophet (S) had said to his daughter Fatima (sa): “Allah becomes angry when you become angry and He becomes pleased when you become pleased”. It has also been mentioned by at-Tabarani and others as in ash-Sharaf al-Mu’abbad by an-Nabhani al-Beiruti.
Al-Bukhari and Muslim mentioned - as in al-Isaba and other books when talking about Fatima’s biography - a tradition that al-Musawwir had said: “I have heard the Messenger of Allah saying from above the minbar: Fatima is a piece of me. Whatever hurts her hurts me and whatever distresses her distresses me”.
Sheikh Yousuf an-Nabhani mentioned in his book ash-Sharaf al-Mu’abbad a tradition quoted from al-Bukhari that the Prophet (S) had said: “Fatima is a piece of me. Whatever makes her angry makes me angry”. In al-Jami’ul Sagheer it is mentioned that the Prophet (S) has said: “Fatima is a piece of me. Whatever depresses her depresses me and whatever pleases her pleases me”.
She has said to Abu Bakr and Umar: “I adjure you by Allah, have you not heard the messenger of Allah saying: “The contentment of Fatima is my contentment and her discontentment is my discontentment. Whoever loves my daughter Fatima loves me, whoever pleases Fatima pleases me and whoever discontents Fatima discontents me”? They said: “Yes, we have heard this from the Messenger of Allah”. 92
He, who ponders on these traditions and who appreciates the Prophet (S), will find that these traditions refer to the infallibility of Fatima (sa) because they show that depressing her, discontenting her, pleasing her, displeasing her, her contentment or her anger do not occur inexcusably. It is as same as depressing, discontenting, pleasing or displeasing the Prophet (S) himself and this is the essence and reality of infallibility.
Some Sunni scholars, like Ahmad bin Hanbal, have mentioned a tradition narrated by Abu Hurayra saying: “Once the Prophet (S) looked at Ali, al-Hasan, al-Husayn and Fatima and said: I am at war against whoever fights you and at peace with whoever makes peace with you”.93
At-Tarmithi has mentioned a tradition narrated by Zayd bin Arqam - as in al-Isaba, Fatima’s biography - that once the Prophet (S) mentioned Ali, Fatima, al-Hasan and al-Husayn and said: “I am a war against whoever fights them and peace to whoever makes peace with them”. 94
Abu Bakr said: “Once I saw the Messenger of Allah (S) erecting a tent.95 He was leaning on an Arab bow while inside the tent there were Ali, Fatima, al-Hasan and al-Husayn. The Messenger of Allah said: “O people, I am at peace with whoever makes peace with the people in the tent, at war against whoever fights them and a guardian to whoever follows them. He, who loves them, is lucky and of a good origin and he, who hates them, is wretched and of a bad origin”.
Professor Abbas Mahmood al-Aqqad has mentioned this tradition in his book Abqariyyatu Muhammad under the chapter “The Prophet, the Imam and the companions”.
Ahmad bin Hanbal mentioned a tradition narrated by Abdurrahman al-Azraq that Imam ‘Ali (as) had said: “Once the Messenger of Allah (S) came to me while I was sleeping. Al-Hasan or al-Husayn asked for some water (or some milk). The Prophet (S) went to our ewe, which had no milk. He milked it and it gave much milk. Then al-Hasan came to the Prophet (S) but the Prophet (S) put him aside. Fatima said: O Messenger of Allah, I think he is the most beloved one to you. He said: But he (al-Husayn) asked for some milk before him. Then the Prophet (S) added: I, you, these two boys and that sleeping one will be in one place on the Day of Resurrection”. 96
Among their (the Prophet’s progeny’s) rights on the Ummah and especially the men of authority was that they should not have been taken by surprise by the appropriation of their position in the Ummah after the Prophet (S) and doing without them even in consultation besides being so severe to them in the matter of the caliphate and denying their rights, khums, inheritance and donation as well as considering them as the rest of the ordinary people while the wound had not yet recovered and the Prophet (S) had not yet been buried!
Those who had seized the Ummah at that time and their assistants had arranged their affairs in a way that they had not left any chance to any one to oppose them otherwise that one would separate the Ummah and so they had become safe from the opposition of Imam ‘Ali (as) and his followers. For full details about this matter, please refer to al-Muraja’at.
Among the principles of the rulers at that time was to be strict in carrying out the verdicts without differentiating between this and that or between the noble and the low. They controlled the treasury and enriched it with wealth and monies and they equalized between the recidivists and the others in the judgments.
What assisted them in carrying out their principles was their satisfaction and being away from greediness and transient pleasures of this worldly life besides their asceticism and so they satisfied the public and therefore they ruled with no troubles. But when the matter became serious on the trial of Fatima (sa), they considered Fatima who was the part of the Prophet, to be like any other woman, who was not purified from fabricating and lying. 97
57. The two sheikhs al-Bukhari and Muslim mentioned in their Sahihs (books of Hadith) a tradition narrated by Ibn Abbas that the Prophet (S) had said to the delegation of Abdul Qays when ordering them to believe in Allah, the One and the Only: “Do you know what believing in Allah alone is?” They said: “Allah and His Messenger are more aware”. He said: “Witnessing that there is no god but Allah and Muhammad is the Messenger of Allah, offering the prayers, paying the zakat, fasting in Ramadan and giving the fifth of one’s income”.
58. The meaning of this conditional phrase is that the khums (fifth) is a legal right that must be paid to the ones mentioned in the verse. The verse said: Do not be greedy for this right and pay it to its deserving ones if you have believed in Allah.
59. Refer to al-Kashshaf when talking about the verse of the khums. The author mentioned a tradition narrated by Ibn Abbas: “The khums is six shares; two shares for Allah and His Messenger and a share for the Messenger’s relatives…but Abu Bakr made it three shares”. He mentioned the same about Umar and the caliphs after him (except Imam Ali). He mentioned that Abu Bakr had prevented the Hashemites from getting their share of the khums.
60. Al-Bukhari’s Sahih, vol.3 p.36, Muslim’s Sahih vol.2 p.72 and mentioned in other places of their Sahihs.
61. Vol.2 p.105.
62. Al-Jihad wes-Siyyer, vol.2 p.105.
63. This tradition has been refuted by Fatima (sa) and the infallible imams. Refer to al-Bukhari’s Sahih, chap. The battle of Khaybar.
64. Sharh Sahih al-Bukhari, vol.8 p.157, al-Qastalani’s Irshad, al-Ansari’s Tuhfa.
65. Al-Bukhari’s Sahih, vol.3 p.37, Muslim’s Sahih, vol.2 p.72, Ahmad’s Musnad, vol.1 p.6.
66. Al-Mustafa is one of the Prophet’s surnames; Fatima’s father.
67. The progeny of Ali and Fatima narrated the speech of Fatima, which she had given on that day, one after the other until it reached us. We, the Fatimites, narrate this speech from our fathers and our fathers narrate it from their fathers and so on for all generations until the times of the infallible imams. To see this speech, refer to al-Ihtijaj by at-Tabarsi, Biharul Anwar by al-Majlisi and refer to the Sunni books like as-Saqeefa and Fadak by Abu Bakr Ahmad bin Abdul Aziz al-Jawhari, in which there are many traditions about this speech, some of which are narrated from Zaynab, the daughter of Ali and Fatima (sa), Imam Muhammad al-Baqir(S) and Abdullah bin al-Hasan bin al-Hasan. Refer to Sharh Nahjul Balagha, vol. 4 p.78, 93, 94. Zayd bin Ali bin al-Husayn bin Ali bin Abu Talib said: “I have heard the notables of the Talibites narrating this speech from their fathers and teaching it to their children”.
68. She said to Abu Bakr when he deprived her of her right (inheritance): “O Abu Bakr, if you die, who will inherit you?” He said: “My children and family”. She said: “Then why have you inherited the Messenger of Allah instead of his children and family?” He said: “O daughter of the Messenger of Allah, I have not done that”. She said: “Yes, you have! You have extorted Fadak, which was the Prophet’s pure property. You have dared to take it from us and you have dared to change what Allah has revealed concerning us.” It has been mentioned in as-Saqeefa and Fadak by Abu Bakr al-Jawhari; refer to Sharh Nahjul Balagha, vol. 4 p.87. Abu Bakr al-Jawhari mentioned in his book a tradition narrated by Abu Salama saying: “When Fatima asked for her inheritance, Abu Bakr said to her: “I have heard the Messenger of Allah saying: “A prophet does not bequeath”. But I will sustain whomever the Messenger of Allah has been sustaining and I will spend on whomever he has been spending on”. She said: “O Abu Bakr, do your daughters inherit you whereas the Prophet’s daughters do not inherit him?” He said: “It is so”. Another tradition like this one has been mentioned by Ahmad in his Musnad, vol. 1 p.10. Al-Jawhari mentioned in his book as-Saqeefa and Fadak - as in Sharh Nahjul Balagha, vol. 4 p.81 - a tradition narrated by Umm Hani bint Abu Talib: “Fatima said to Abu Bakr: “Who will inherit you when you die?” He said: “My children and family.” She said: “Then why do you inherit the Messenger of Allah instead of us?” He said: “O daughter of the Messenger of Allah, your father has not bequeathed anything.” She said: “Yes, he has. It is the share (Fadak) that Allah has given to us and it is in your hand now.” He said: “I have heard the Messenger of Allah saying: “It is but nourishment that Allah has granted to us and when I die it will be for the Muslims.” Al-Jawhari mentioned another tradition like this one narrated by Abut Tufayl. The traditions talking about this speech are so many and especially those, which have been narrated by the infallible Imams. She has another speech concerning the caliphate after the Prophet (S). It has been mentioned by al-Jawhari in his book as-Saqeefa and Fadak - as in Sharh Nahjul Balagha, vol. 4 p.87 - narrated from Abdullah bin al-Hasan bin al-Hasan that his mother Fatima bint al-Husayn has said: “When Fatima (the daughter of the Prophet) became so badly ill, the women of the Muhajireen and the Ansar gathered around her. They said to her: “O daughter of the Messenger of Allah, how have you become now?” she said: “By Allah, I have disliked your world and hated your men…” It is one of the most eloquent speeches among the speeches of Ahlul Bayt (as). It has also been mentioned by Imam Abul Fadhl Ahmad bin Abu Tahir in his book Balaghaatun Nissa’. It has been mentioned by al-Majlisi in Biharul Anwar, at-Tabarsi in al-Ihtijaj and by others.
69. They had not opposed her on that day with this excuse but they had just confiscated her inheritance. Abu Bakr said to her: “O daughter of the Messenger of Allah, I swear that Allah has not created anyone more beloved to me than your father. I wished the sky fell over the ground on the day when your father died. By Allah if Aa’isha (Abu Bakr’s daughter) becomes needy is much better to me than to see you being needy. Do you think I give white and red people their rights and I deprive you of your right whereas you are the daughter of the Messenger of Allah? This wealth was not for the Prophet (S) but it was among the wealth of the Muslims, with which the Prophet (S) used to spend on the armies and to spend for the sake of Allah and when he died I managed it as he had been managing it.” She said: “By Allah, I will not talk with you for ever.” He said: “By Allah, I will never desert you at all.” She said: “By Allah, I will invoke Allah against you.” He said: “By Allah, I will invoke Allah for you.” When she was about to die, she recommended that Abu Bakr should not offer the prayer (for the dead) for her. It has been mentioned by Abu Bakr al-Jawhari in his book as-Saqeefa and Fadak as mentioned in Sharh Nahjul Balagha, vol. 4 p.80. You see here that Abu Bakr has not opposed Fatima (sa) by refuting her evidence of bequeathing out of the two verses of Prophet David (S) and Prophet Zachariah (S) but he has pretended that the wealth was not the Prophet’s. She was not satisfied with his pretense anyhow for she was more aware of her father’s affairs than the others. We are Allah's and to Him we shall surely return!
70. Once the Prophet (S) mentioned his daughter Fatima (sa) and said: “Her father may die for her! Her father may die for her!” He repeated that three times. This tradition has been narrated by Ahmad bin Hanbal and others as mentioned by Ibn Hajar in his book as-Sawa’iqul Muhriqa, ch.11, p.159.
71. It is mentioned that they have given the Prophet (S) all of their land.
72. The infallible Imams and their followers have not had any doubt that the Prophet (S) had donated Fadak to Fatima (sa) and that it had been in her hand until it had been extorted from her. Imam ‘Ali (as) said to his administrative official on Basra, Othman bin Hunayf: “...Yes, Fadak was in our hands out of all what was under the sky but some people felt greedy for it and others withheld themselves from it but the best of judges is Allah...” Refer to Nahjul Balagha. There are many traditions narrated from the infallible I mams talking about the same matter. The reliable narrators have narrated a tradition from Abu Sa’eed al-Khidri saying: “When Allah has revealed (And give to the near of kin his due), the Messenger of Allah gave Fadak to Fatima.” Refer to Majma’ul Bayan by at-Tabarsi when interpreting this verse 17:26. You will find there that it is this tradition that has made al-Ma’moon, the Abbasid caliph, give Fadak back to the progeny of Fatima.
73. By Allah O you Abu Bakr, have you really not known whether Fatima’s claim was true or not after Umm Aymen (the Prophet’s nursemaid) and Imam ‘Ali (as) had witnessed it was true? Have you considered them all to be liars, aggressive or mistaken? Certainly not! But “Nay, but your minds have beguiled you into something. (My course is) comely patience. And Allah it is Whose help is to be sought in that (predicament) which ye describe” (Qur’an 12:18).
74. The other witness besides Umm Aymen was Ameerul Mo’mineen Ali bin Abu Talib (S) undoubtedly. As if ar-Razi found the rejection of Imam Ali’s witness by Abu Bakr abominable so he did not mention the name of Imam Ali respecting Imam Ali and Abu Bakr together so he said “a mawla of the messenger of Allah”.
75. Tafseer Mafateehul Ghayb by ar-Razi, vol.8 p.125.
76. P. 21 in his book Shubah ar-Rafidha.
77. He was the caliph’s son-in-law. His wife was Asma’, the daughter of Abu Bakr.
78. Abu Bakr had given his daughter Aa’isha the prophet’s house, in which she buried him beside the tomb of the Prophet (S) after his death and in which she buried Umar later on but when Imam Hasan (as), the Prophet’s beloved grandson, died she refused to let him be buried in his grandfather’s house and then a sedition was about to happen! Just to Allah we resort!
79. Refer to ar-Risala al-Misriyya magazine, vol.518, 11th year, p.457.
80. Vol. 4, p.106.
81. According to the true traditions; Ibn Abdul Birr said in his book al-Istee’ab when mentioning the biography of Fatima (sa): “The Prophet (S) visited Fatima when she was ill and said to her: “O my daughter, how are you today?” She said: “I feel pain and what hurts me more that I have nothing to eat.” He said: “O my daughter, are you not satisfied that you are the head lady of the women of the worlds?” She said: “O father, what about Mary the daughter of Imran?” He said: “She is the head lady of the women of her world and you are the head lady of your world. By Allah, I have married you to a master in this world and in the afterworld”. Many such traditions have been mentioned by other scholars and historians.
82. The infallible imams and their followers have agreed unanimously that Fatima (sa) is better than the Virgin Mary (S). Many Sunni scholars have declared that she is better than all the women of the worlds even the Virgin Mary (S), such as at-Taqiy as-Sabki, al-Hallal as-Sayooti, al-Badr, az-Zarkashi, at-Taqiy al-Maqreezi, Ibn Abu Dawood and al-Mannawi. Refer to ash-Sharaf al-Mu’ayyad by Allama an-Nabahani, p.59 when talking about the virtues of Fatima (sa). The same has been said by Ahmad Zayni Dahlan, the mufti of the Shafiites when talking about the marriage of Fatima and Ali in his book as-Seera an-Nabawiyya.
83. It has been mentioned by Ahmad bin Hanbal in his Musnad, vol.1 p.293, by Abu Dawood as in al-Istee’ab, the biography of Khadeeja and by Qasim bin Muhammad as in al-Istee’ab, the biography of Fatima (sa).
84. Narrated by Abu Dawood from Anas as mentioned in al-Istee’ab when talking about Khadeeja’s biography and narrated by Abdul Warith bin Sufyan as in al-Istee’ab, biographies of Fatima (sa) and Khadeeja.
85. Al-Bukhari’s Sahih, vol.4 p.64, Muslim’s Sahih, vol.2, the virtues of Fatima (sa), at-Tarmithi’s Sahih, al-Jam’ bayna as-Sahihhayn, al-Jam’ bayna as-Sihah as-Sitta, Imam Ahmad bin Hanbal’s Musnad, vol.6 p.282, Ibn Abdul Birr’s Istee’ab, Muhammad bin Sa’d’s Tabaqat, vol.2, vol.8. Al-Bukhari said in his Sahih, vol.4 the last page of chap. al-Isti’than: “Musa bin Owana narrated from Firas from Aamir from Masrooq that Aa’isha (the Prophet’s wife) had said: “We, the wives of the Prophet, were all with him and none of us left him when Fatima came walking like the walking of the Messenger of Allah (S). When the Prophet (S) saw her, he said: “O my daughter, welcome!” Then he seated her beside him. He whispered in her ears and she began crying bitterly and when he saw her crying, he whispered in her ears again and she smiled. I, from among the Prophet’s wives, asked her: “The Prophet (S) confided a secret to you from among all of us but you began crying!” When the Prophet (S) left, I asked her: “What secret did the Prophet (S) confide to you?” She said: “I would never disclose the Prophet’s secrets”. When the Prophet (S) died, I said to her: “I adjure you with my right on you to tell me what the Prophet (S) has whispered in your ears”. She said: “Yes, now I shall do. The first time he told me that Gabriel was used to dictate the (entire) Qur'an to him once a year but that year Gabriel had dictated the Qur'an to him twice and so he thought that he would die soon. He said to me: “Fear Allah and be patient. I have been to you the best of fathers.” So I began crying as you saw. When he saw me crying, he said to me: “O Fatima, are you not satisfied to be the head lady of the believing women… or the women of this Ummah?” Ibn Hajar in his book al-Isaba and other authors mentioned: “…are you not satisfied to be the head lady of the women of the worlds?” However the tradition is true and preferring Fatima (sa) to all of the other women is clear. Ibn Sa’d in his book at-Tabaqat, vol.2 mentioned a tradition narrated by Umm Salama saying: “When the Prophet (S) was about to die, I asked Fatima about her crying and smiling on that day. She said: “He (the Prophet (S)) told me that he would die within a short time and then he told me that I was the head lady of the women of Paradise”. It has been mentioned by Abu Ya’la and other scholars of Hadith.
86. A place between Saudi Arabia and Yemen. It was a centre for the Christians before Islam.
87. This tradition has been mentioned by the interpreters, the narrators, the historians and by everyone, who has recorded the events of the tenth year of hijra, in which this event has taken place.
88. Prophet Muhammad (S).
89. The Shia have agreed, following their Imams, unanimously that these verses have been revealed to concern Ali, Fatima, al-Hasan and al-Husayn because of a charity (food) they paid to a poor one, an orphan and a prisoner of war in three successive nights whereas they themselves were badly in need of that charity. They kept on fasting during those three days without having except some water for they had been offering a vow. Az-Zamakhshari in his book al-Kashshaf has mentioned this matter in a tradition narrated from Ibn Abbas. It has been also mentioned by al-Wahidi in his book al-Baseet, Abu Ishaq ath-Tha’labi in his book at-Tafseer al-Kabeer and by Abul Mu’ayyad Muwaffaq bin Ahmad in his book al-Fadha’il. Many other scholars and authors have considered it as a reliable tradition.
90. Umm Aymen was the woman who had brought up the Prophet (S) after the death of his mother. Her name was Baraka bint Tha’laba. The Prophet (S) said about her: “Umm Aymen is my mother after my (real) mother”. The Prophet (S), when looking at her, often said: “She is one of my family”. He said that she would be in Paradise. She had been mentioned in al-Isaba by Ibn Hajar, al-Istee’ab by Ibn Abdul Birr and by all the authors, who had mentioned the biographies of the Prophet’s companions. They had mentioned her virtues, good faith, reason and loyalty. Her son Aymen had been martyred during the battle of Khaybar when fighting with the Prophet (S). She did not worry for that but she became patient hoping for the divine reward in the Hereafter.
91. With reference to the Prophet’s saying narrated by Umm Salama that she said: “I have heard the Messenger of Allah saying: Ali is with the Qur'an and the Qur'an is with Ali. They will never separate until they come to me at the pond (in Paradise)”. It has been mentioned by al-Hakim in his Mustadrak, vol.3 p.124 and by ath-Thahabi in his Talkhees. The Prophet (S), during the illness that led to his death, said while the room was crowded of his companions: “O people, I am about to die soon and I will inform you of something so that I will be excused before you. I have left among you the Book of my God, the Almighty, and my family.” Then he lifted Ali’s hand and said: “This is Ali. He is with the Qur'an and the Qur'an is with Ali. They do never separate”. Refer to as-Sawa’iqul Muhriqa, chap.2 p.75.
With reference to the famous tradition of (ath-Thaqalayn - the two weighty things), which has been mentioned in the books of Hadith (Sihah) and many other books. The Prophet (S) said: “I have left among you what if you keep to, you will never go astray at all; the Book of Allah and my family”. Definitely the head of his family was Imam ‘Ali (as).
92. Al-Imama was-Siyasa by Ibn Qutayba and other books of history.
93. Ahmad’s Musnad, vol.2 p.442. It has also been mentioned by al-Hakim in his Mustadrak and by at-Tabarani in his al-Kabeer.
94. It has been mentioned by Ibn Habban in his Sahih, al-Hakim in his Mustadrak, ad-Dhiya’ in his Mukhtarat, at-Tabarani and Ibn Shayaba from Zayd bin Arqam and by Abu Ya’la in as-Sunna and ad-Dhiya’ in al-Mukhtarat from Sa’d bin Abu Waqqas. Also mentioned by other famous scholars like Allama Alawi in his book al-Qawl al-Fasl, vol.2 p.7.
95. This tent might be the garment, with which the Prophet (S) covered them (Ali, Fatima, al-Hasan and al-Husayn) when Allah revealed to him: “Allah only desires to keep away the uncleanness from you, O people of the House! and to purify you a (thorough) purifying”. (Qur’an 33:33) Refer to chapt.2 in this book for details.
96. Ahmad’s Musnad, vol.1 p.101.
97. In fact she was not even treated as an ordinary Muslim woman, because when a Muslim woman, who was not purified from fabrication, had one witness (a fair Muslim man) on her claim, then it would be enough for her, instead of the other witness, to be put to oath and her claim would not be rejected unless she abstained from the oath. As for Fatima (sa), her husband Imam ‘Ali (as) had witnessed for her and so the rulers had to put her to oath and if she abstained from oath then they would reject her claim. They did not do that. They just hastened to reject her claim without asking her for any kind of oath.
In fact she had Fadak in her possession and had full control over it and so she did not to have to give evidence to prove her possession but the opposite side had to give evidence according to the saying of the Prophet (S) “Evidence is on him who claims, and oath is on him who denies”. This is one of the clear traditions that they have opposed depending on their own ijtihad.