THE LAND OF FADAK

Fadak is on the outskirts of Khaybar. It is a fertile and lush green settlement where Fadak ibn Ham was the first to pitch his tents. The place was therefore named after him. Like Khaybar, here too the Jews lived. They organized the irrigation facility and made the barren land bloom! Yaqūt al-Hamawi writes:
“This land had bubbling ponds and many oases.”[1]

After the conquest of Khaybar, the people living in the neighborhood owed allegiance to the Muslims without any conflict. The inhabitants of Fadak too surrendered the proprietary rights over the land and entered into an agreement to share the produce equally with the Muslims. Therefore, they sent word to the Prophet (a.s) that they had no intention of fighting and they were willing to accept the same conditions as were imposed on the people of Khaybar. The Prophet (a.s) accepted their offer and sent `Ali (a.s) to finalize the agreement with their chief, Yūsha` ibn Nūn. After the discussions, it was agreed that the people of Fadak would forego the proprietary rights over the land, until it and share the crop equally with the Prophet (a.s). By virtue of the agreement, the Land of Fadak became the property of the Prophet (a.s) because the land that was acquired without any fight or conflict, in terms of the Islamic Law, vested with the Prophet (a.s). Therefore, the Holy Qur’an says:
وَمَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلَكِنَّ اللَّهَ يُسَلِّطُ رُسُلَهُ عَلَى مَنْ يَشَاءُ وَاللَّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ .
And 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, and Allah has power over all things

The territories that are annexed through warfare are termed as ghanimah or Booty. The land and property that is acquired without any war or conflict is called fay’ or anfal. The land of Fadak too came in the category of anfal
[1] Mu`jam al-Buldān, Vol 14, Page 338

because it was acquired without any physical conflict. Therefore, it was the personal property of the Prophet (a.s) on which the other Muslims had no right. Al-Tabari writes:
“Fadak was the exclusive property of the Prophet (a.s) because the Muslims neither ran their camels over it nor the horses!”[1]

Al-Buladhari writes:
“Fadak was an exclusive property of the Prophet (a.s) because the Muslims neither ran their camels nor the horses over it.”[2]

Yaqūt al-Hamawi writes:
“This village Allah gave to the Prophet (a.s) in the seventh century as a consequence of the truce.”[3]

After the clear Commandment of the Qur’an and the recorded history of the event by the reputed chroniclers, the fact is established that Fadak was the exclusive property of the Prophet (a.s). Therefore, in exercise of this right, he had transferred this property to Fatimah al-Zahra’ (a.s) during his lifetime through a written deed. `Allamah Jalal al-Din al-Suyūti writes about it:
“Ibn Mardawayh has quoted from Ibn `Abbas that when the Verse, ‘O Prophet! Give the right of your kin to them’ was revealed, he transferred Fadak to Fatimah (a.s).”[4]

Thana’ullah, the judge, writes:
“Al-tabarani and others have quoted from Abū-Sa`id al-Khidri that when the Verse, ‘O Prophet! Transfer the rights of your kin to them’ was revealed, the Prophet (a.s) called Fatimah al-Zahra’ (a.s) and gave Fadak to her.”[5]

Thereafter, until the Prophet (a.s) lived, the land of Fadak was in the possession of Fatimah al-Zahra’ (a.s). Amir al-Mu’minin (a.s), mentions about it in his letter:
[1] Tārīkh al-Tabarī, Vol 2, Page 302
[2] Futūh al-Buldān, Page 27
[3] Mu`jam al-Buldān, Vol 14, Page 238
[4] Al-Durr al-Manthūr, Vol 4, Page 177.
[5] Tafsīr al-Ma¨harī, Vol 5, Page 432

“Under this sky we had only the land of Fadak in our possession. Even on that, the mouths of some persons were watering! The Best Judge is Allah!”[1]

But after the demise of the Prophet (a.s), for certain ‘reasons of State’ the Land of Fadak was taken away from Fatimah (a.s). She went in appeal against this, but her claim was rejected! We shall deal with this matter in detail in a subsequent chapter. The pity is that the person against whom the appeal was preferred was also sitting in judgment!

This travesty of justice and fairplay resulted in Fatimah (a.s) not being accepted as the owner of the Land of Fadak despite holding the transfer deed nor in terms of her being the rightful successor to the inheritance of her father, Muhammad (a.s)! She was so upset with this injustice that she boycotted the person responsible for the act and did not talk to him until her death!
[1] Nahj al-Balāghah

Ref: maaref-foundation

The Event of Fadak

By: Ayatullah Ja'far Subhani
A developed and fertile territory which was situated near Khayber and at a distance of 140 kilometres from Madina and was considered to be the stronghold of the Jews of the Hijaz, after the forts of Khayber, was called the village of Fadak. After destroying the strength of the Jews of Khayber, Wadi'ul Qura' and Tayma' and filling up, with the military force of Islam, the vacuum which was felt in the north of Madina, the Prophet thought of destroying the strength of the Jews of this area who were considered to be a danger to Islam and the Muslims. He therefore sent an envoy named Muhit to the elders of Fadak. Yush'a bin Noon, who was the chief of the village, preferred peace and surrender to fighting, and the residents of that place agreed to place at the disposal of the Prophet half of the produce every year and to live under the protection of Islam and not to conspire against the Muslims. The Government of Islam, in its turn, guaranteed the security of their territory.
According to Islam the areas which are conquered through war and military power are the property of all the Muslims and their administration rests with the ruler of Islam. However, lands which fall into the hands of the Muslims, without any military operations pertain to the person of the Prophet and after he to the Imam. He (i.e. the Prophet or Imam) exercises full authority over such lands and is entitled to gift them away or give them to lease. And one of the purposes for which he can utilize this property is that he may meet the lawful needs of his near ones out of this property in a respectable manner.[531]
On this basis the Prophet made a gift of Fadak to his dear daughter Lady Fatimah Zahrah. As the later circumstances go to show the Prophet had two things in view while making a gift of this property:
1. As expressly mentioned by the Prophet time and again the rulership of the Muslims was to rest, after his death, with Ali, the Commander of the Faithful and occupation of such a position necessitated incurring of heavy expenditure. Ali could, therefore, make maximum use of the income from Fadak to safeguard this position. It would appear that the organization of the caliphate had become aware of this precautionary measure and they, therefore, divested the Prophet's family of Fadak during the very early days of their assumption of authority.
2. It was necessary that after the death of the Prophet his family, consisting of his dear daughter Fatimah Zahrah and her sons Hasan and Husayn, should lead a respectable life and the dignity of the Prophet should remain secure. The Prophet made a gift of Fadak to his daughter to achieve this very end.
The Shi'ah traditionalists and exegets and some Sunni scholars write: "When the verse: Give the kinsmen his due, and the needy, and the wayfarer........(Surah Isra, 17:26) was revealed the Prophet called his daughter Fatimah and made over Fadak to her".[532] And the narrator of this incident is Abu Sa'id Khadri who was one of the distinguished companions of the Prophet.
All the Shi'ah and the Sunni exegetes are agreed that this verse was revealed for the near relatives of the Prophet and the words 'the near ones' (kinsmen) are best applicable to his daughter. So much so that when a Syrian asked Imam Sajjad to introduce himself the Imam recited the aforesaid verse to make himself known to that man. And this fact was so well known to the Muslims that the Syrian, while shaking his head in confirmation, said to the Imam: "On account of the special relationship which you enjoy with the Prophet, he was ordered by Allah to pay you your due".[533]
In short, all the scholars of Islam believe that this verse was revealed with respect to Fatimah Zahrah and her children. However, as regards the fact whether, at the time of revelation of this verse, the Prophet made over Fadak to his daughter, all the Shi'ah scholars are unanimous that he actually did so, and some Sunni scholars also agree with them.
When Mamun desired to return Fadak to the descendants of Zahrah he wrote a letter to one of the famous traditionalists (Abdullah bin Musa) to enlighten him on the subject. He wrote the above-mentioned hadith (which in fact tells about the occasion of the revelation of the verse) and sent it to him and consequently he (i.e. Mamun) returned Fadak to the descendants of Fatimah[534] and wrote to his governor in Madina: "The Prophet of Islam made a gift of Fadak to his daughter Fatimah. This is an admitted fact and there is no difference about it amongst the descendants of Fatimah.[535]
When Mamun occupied a special chair to hear complaints and grievances the first application which came into his hand was one in which the writer had introduced himself as the defender of Lady Fatimah. Mamun read the application, wept a little, and said: "Who is her defender?" An old man stood up and introduced himself as her defender. The court of justice was then converted into a session of debate between the man and Mamun. Eventually Mamun realized that he had lost the case. He, therefore, ordered the chief justice to write a deed with the heading: "Return of Fadak to the descendants of Zahrah". The deed was written and received the assent of Mamun. At this moment Da'bal Khuza'i who was present at the time of debate stood up and recited some verses.[536]
In order to prove that Fadak was the absolute property of Lady Fatimah Zahrah, Shi'ah do not stand in need of evidence produced above, because the most truthful person of Islam, Ali, the Commander of the Faithful, has clearly mentioned this fact in a letter written by him to Uthman bin Hunayf, the Governor of Basra. He writes: "Yes! Out of that which is under the sky, the only appreciable property available with us was Fadak. Some people felt jealous. Some great persons connived at this on account of some interests. And Allah is the best Judge".
Is it possible to entertain any doubt about the matter after this clear statement?
THE STORY OF FADAK AFTER THE PROPHET
After the demise of the Prophet his dear daughter was deprived of her ownership of Fadak on account of political motives and the functionaries and employees of the State expelled her from the court of the Caliph, where she had gone to lay claim to Fadak. She, therefore, decided to take back her right from the Caliph by legal means.
In the first place the village of Fadak was in her possession and this very possession was the sign of her ownership. However, in opposition to all standards of Islamic justice, the Caliph asked her to produce witnesses when we know that the one, who is in possession of some property, is never asked to produce witnesses. She was, therefore, obliged to take before the Caliph as witnesses a person like Ali and a woman named Umme Ayman (about whom the Prophet had testified that she would go to Paradise) and, (as quoted by Bilazari vide Futuhul Buldan, page 43), Rabah, a freed slave of the Prophet. However, on account of some motives the Caliph did not accept their testimony and the Prophet's daughter was finally deprived of the property which her father had bestowed as gift to her. According to the verse of purification (Surah al-Ahzab, 33:33) Zahrah, Ali and their children are free from all kinds of impurity and if this verse is taken to cover the wives of the Prophet also its applicability to his daughter is absolutely certain. Unfortunately, however, this aspect of the matter was also ignored and the Caliph of the time did not accept her claim.
Nevertheless, the Shi'ah scholars believe that eventually the Caliph accepted the view of the Prophet's daughter and wrote a certificate to the effect that Fadak was owned by her absolutely and gave it to her. But while she was on her way the old friend of the Caliph chanced to meet her and came to know about the contents of the certificate. He took the certificate from her and brought it to the Caliph and said to him: "As Ali is a beneficiary in this case, his evidence is not acceptable and Umme Ayman being a woman, her testimony too has no value" Then he tore up the certificate in the presence of the Caliph.[537]
Halabi, the well-known Sunni biographer, gives another version of the incident and says: "The Caliph accepted the ownership of Fatimah. Suddenly Umar arrived and asked: "What is this certificate about? The Caliph replied: "I have confirmed Fatimah's ownership (of Fadak) in this deed". Umar said "You stand in need of income derived from Fadak. If tomorrow the idolaters of Arabia rise against the Muslims, from where will you meet the expenses of war?" Then he held the certificate in his hand and tore it up".[538]
It is here that one acknowledges the reality mentioned by a Shi'ah theologian, who narrates that Ibn Abil Hadid said: "I said to a Shi'ah theologian named Ali bin Naqi: The village of fadak was not very extensive and such a small place which did not contain more than a few date-palm trees was not so important that the opponents of Fatimah should have coveted it". He said in reply: "You are mistaken here. The number of the date-palm trees of that place was not lesser than that of trees available in Kufa at present. Admittedly the family of the Prophet was deprived of this fertile land, lest Ali, the Commander of the Faithful should have utilized its income to campaign against the Caliph. Hence they not only deprived Fatimah of Fadak but also deprived the entire family of Bani Hashim and the descendants of Abdul Muttalib of their legal rights (khums i.e. 1/5th of war booty), because people who have to lead their lives in difficult financial circumstances do not think of changing the prevailing conditions".[539]
And then the same writer quotes the sentence mentioned below, from one of the distinguished teachers of Madressa-i Gharbi Baghdad, named Ali bin Faruqi. He says: "I said to him: 'Was the daughter of the Prophet truthful in making the claim?' He said: 'Yes'. I said: 'Did the Caliph know that she was a truthful woman?' He said: 'Yes'. I said: 'Why did the Caliph not give her that to which she was admittedly entitled?' At this moment the teacher smiled and said with great dignity: 'if he had accepted her word on that day and had returned Fadak to her on account of her being a truthful woman and without asking for any witnesses she could very well avail of this position for the benefit of her husband on the following day and say: 'My husband Ali is entitled to the caliphate' and then the Caliph would have been obliged to surrender the caliphate to Ali on account of his having acknowledged her to be a truthful woman. However, in order to obviate any such claim or dispute he deprived her of her admitted right".[540]
The foundation of the deprivation of the descendants of Fatimah's claim of Fadak was laid in the time of the First Caliph. After the martyrdom of Ali, Mu'awiyah assumed the reins of government and divided Fadak amongst three persons (Marwan, 'Amr bin Uthman and his own son Yazid). During the period of the Caliphate of Marwan all the three shares were assumed by him and he gifted them to his son, Abdul Aziz. He in turn gave the same to his son, Umar. On account of the fact that Umar bin Abdul Aziz was an upright person from amongst Bani Umayyah the first heresy which he removed was that he returned Fadak to the descendants of Fatimah. After his death, however, the succeeding Umayyad Caliphs again took away Fadak from Bani Hashim and it continued to remain in their possession till their rule came to an end.
During the Caliphate of Bani Abbas the question of Fadak vacillated in a strange manner. For example, Saffah gave it to Abdullah bin Hasan and after him Mansur Dawaniqi took it back, but his son Mahdi returned it to the descendants of Zahrah. After him Musa and Harun took it away from them on account of some political considerations. When Mamun assumed the office of caliph he handed it over formally to its owner. After his death the conditions of Fadak vacillated once again and it was returned at one time to the descendants of Fatimah and then taken away again from them.
During the periods of the Caliphate of Bani Umayyah and Bani Abbas, Fadak assumed largely a political aspect as compared with its pecuniary aspect. And even if the First Caliphs were in need of income from Fadak the later caliphs and nobles were so rich that they did not stand in any need of income from it. Hence, when Umar bin Abdul Aziz handed over Fadak to the descendants of Fatimah, Bani. Umayyah reproached him and said: "By this act of yours you have found fault with the two venerable men" (viz. Abu Bakr and Umar)". They, therefore, persuaded him to distribute the income from Fadak among the descendants of Fatimah, but to keep its ownership with himself.[541]
References:
[531] Surah al-Hashr, 59:6,8; and in the books of jurisprudence (Fiqh) this matter has been discussed in the chapter on jihad under the heading Fay.
[532] Majma'ul Bayan, vol.III, p. 411; Sharh-i Ibn Abil Hadid, vol. XVI, p.248.
[533] Durr-i Manthur, vol.IV, page 176.
[534] Majma'ul Bayan, vol. II, page 211; Futuhul Buldan, page 45.
[535] Sharh-i Nahjul Balaghah by Ibn Abil Hadid, vol. XV, page 217.
[536] Sharh-i Nahjul Balaghah by Ibn Abil Hadid, vol. XVI.
[537] Sharh-i Ibn Abil Hadid, vol. XVI, page 274.
[538] Seerah-i Halabi, vol. III, page 400.
[539] Sharh-i Ibn Abil Hadid, vol. XVI, page 236.
[540] Sharh-i Nahjul Balaghah by Ibn Abil Hadid, page 284.
[541] Sharh-i Ibn Abil Hadid, vol. XVI, page 278.

Source: Imam Reza Network

Hazrat Fatimah"s sermon - after Fadak was snatched

Praise be to Allah for that which He bestowed (upon us); And thanks be to Him for all that which He inspired; and commended in His Name for that which He Provided: Form prevalent favors which He created, And abundant benefactions which He offered and perfect grants which He presented; (such benefactions) that their number is much too plentiful to compute; Bounties too vast to measure; Their limit was too distant to realize; He recommended to them (His creatures) to gain more (of His benefaction) by being grateful for their continuity; He ordained Himself praiseworthy by giving generously to His creatures; I bear witness that there is no God but Allah Who is One without partner, a statement which sincere devotion is made to be its interpretation; hearts guarantee its con­tinuation, and illuminated in the minds is its sensibility. He who can not be perceived with vision; neither be described with tongues; nor can imagination surround His state.

He originated things but not from anything that existed be­fore them, and created them with­out examples to follow. Rather, He created them with His might and dispersed them according to His will; not for a need did He create them; nor for a benefit (for Him) did He shape them, But to establish His wisdom, Bring attention to His obedi­ence, manifest His might, lead His creatures to humbly vene­rate Him, and to exalt His decrees. He then made the reward for His obedience, and punishment for his dis­obedience, so as to protect His creatures from His Wrath and amass them into His Paradise.

I too bear witness that my Father, Muhammad, is His Slave and Messenger, Whom He chose prior to sending him, named him before sending him; when creatures were still concealed in that which was transcendental, guarded from that which was appalling, and associated with the termination and nonexistence. For Allah the Exalted knew that which was to follow, comprehended that which will come to pass, and realized the place of every event. Allah has sent him (Muhammad) as perfection for His commands, a resolution to accomplish His rule, and an implementation of the decrees of His Mercy. So he found the nations to vary in their faiths; Obsessed by their fires, worshipping their idols, and denying Allah despite their knowledge of Him. Therefore, Allah illuminated their darkness with my Father, Muhammad, uncovered obscurity from their hearts, and cleared the clouds from their insights. He revealed guidance among the people; so he delivered them from being led astray, led them away from misguidance, guided them to the proper religion, and called them to the straight path.

Allah then chose to recall him back in mercy, love and pre­ference. So, Muhammad is in comfort from the burden of this world, he is surrounded with devoted angels, the satisfaction of the Merciful Lord, and the nearness of the powerful King.

So may the praise of Allah be upon my Father, His Prophet, Trusted one, the chosen one

From among His creatures, and His sincere friend, and May peace and blessings of

Allah be upon him."

Fatimah (a.s) then turned to the crowd and said:

"Surely you are Allah"s slaves at His command Prohibition; you are the bearers of His religion and revelation; you are Allah"s trusted ones with yourselves; and His messengers to the nations. Amongst you does He have righteous authority; A covenant He brought unto you, and an heir He left to guard you; That is The eloquent book of Allah; The truthful Qur"an; The brilliant light; The shining beam; Its insights are indisputable; Its secrets are revealed; Its indications are manifest; and its followers are blessed by it. (The Qur"an) leads its adherents to goodwill; and Hearing it leads to salvation; with it are the bright divine authorities achieved, His manifest determination acquired, His prohibited decrees avoided; His manifest evidence recognized; His satisfying proofs made apparent, His permissions granted, and His laws written.

So Allah made belief to be purification for you from poly­theism.

He made Prayer, exaltation for you from conceit.

Alms -purification for the soul and a (cause of) growth in subsistence.

Fasting an implantation of devotion.

Pilgrimage -A construction of religion.

Justice -A harmony of the hearts;

Obeying us (Ah-lul-Bayt) ¬Management of the nation.

Our leadership (Ah-lul-Bayt), Safeguard from disunity.

Jihad (struggle) a strengthening of Islam.

Patience -A helping course for deserving (divine) reward.

Ordering goodness (Amr Bil Maruf) ¬ Public welfare.

Kindness to the parents­ a safeguard from wrath.

Maintaining close relations with one"s kin -A cause for a longer life and multiplying the number of descend­ants.

Retaliation (Qesas)-For sparing blood (souls).

Fulfillment of vows-subjecting oneself to mercy.

Completion of weights and measures -A cause for preventing the neglect of others" rights. Forbiddance of drinking wines exaltation from atrocity.

Avoiding slander -A veil from curse.

Abandoning theft-a reason for deserving chastity.

Allah has also prohibited polytheism so that one can devote himself to His Lordship.

Therefore; Fear Allah as He should be feared, and die not except in a state of Islam;

Obey Allah in that which He has commanded you to do and that which He has forbidden, for surely those truly fear among His servants, who have knowledge."

Lady Fatimah Zahra (A) then added:

"O People! Be informed that I am Fatimah, and my father is Muhammad I say that repeatedly and initiate it continually; I say not what I say mistakenly, nor do I do what I do aimlessly.

Now hath come unto you an Apostle from amongst yourselves; It grieves him that you should perish; ardently anxious is he over you; to the believers he is most kind and merciful. Thus, if you identify and recog­nize him, you shall realize that he is my father and not the father of any of your women; the brother of my cousin (Ali (a.s)) rather than any of your men. What an excellent identity he was, may the peace and blessings of Allah be upon him and his descendants Thus, he propagated the Message, by coming out openly with the warning, and while inclined away from the path of the polytheists, (whom he) struck their strength and seized their throats, while he invited (all) to the way of his Lord with wisdom and beautiful preaching He destroyed idols, and defeated heroes, until their group fled and turned their backs. So night revealed its dawn; righteousness uncovered its genuineness; the voice of the religious authority spoke out loud; the evil discords were silenced; the crown of hypocrisy was diminished; the tightening of infidelity and desertion were untied,

So you spoke the statement of devotion amongst a band of starved ones; and you were on the edge of a hole of fire;(you were) the drink of the thirsty one; the opportunity of the desiring one; the fire brand of him who passes in haste; the step for feet; you used to drink from the water gathered on roads; eat jerked meat. (Lady Fatimah (a.s) was stating their lowly situation before Islam) You were despised outcasts always in fear of abduction from those around you. Yet, Allah rescued you through my father, Muhammad after much ado, and after he was confronted by mighty men, the Arab beasts, and the demons of the people of the Book Who, whenever they ignited the fire of war, Allah extinguished it; and whenever the thorn of the devil appeared, or a mouth of the polytheists opened wide in defiance, he would strike its discords with his brother (Ali, (a.s)), who comes not back until he treads its wing with the sole of his feet, and extinguishes its flames with his sword. (Ali is) diligent in Allah"s affair, near to the Messenger of Allah, A master among Allah"s worshippers, setting to work briskly, sincere in his advice, earnest and exerting himself (in service to Islam); While you were calm, gay, and feeling safe in your comfort­able lives, waiting for us to meet disasters, awaiting the spread of news, you fell back during every battle, and took to your heels at times of fighting. Yet, When Allah chose His Prophet from the dwell of His prophets, and the abode of His sincere (servants); the thorns of hypocrisy appeared on you, the garment of faith became worn out, the misguided ignorant(s) spoke out, the sluggish ignorant came to the front and brayed. The he camel of the vain wiggled his tail in your courtyards and the your courtyards and the Devil stuck his head from its place of hiding and called upon you, he found you respon­sive to his invitation, and observing his deceits.

He then aroused you and found you quick (to answer him), and invited you to wrath, therefore; you branded other than your camels and proceeded to other than your drinking places. Then while the era of the Prophet was still near, the gash was still wide, the scar had not yet healed, and the Messenger was not yet buried. A (quick) undertaking as you claimed, aimed at preventing discord (trial), surely, they have fallen into trial already! And indeed Hell surrounds the unbelievers. How preposterous! What an idea!

What a falsehood! For Allah"s Book is still amongst you, its affairs are apparent; its rules are manifest; its signs are dazzling; its restrictions are visible, and its commands are evident. Yet, indeed you have casted it behind your backs! What! Do you detest it? Or according to something else you wish to rule? Evil would be the exchange for the wrongdoers! And if anyone desires a religion other than Islam (submission to Allah), it never will it be accepted from him; And in the hereafter, he will be in the ranks of those who have lost. Surely you have not waited until its stampede seized, and it became obedient. You then started arousing its flames, instigating its coal, complying with the call of the misled devil, quenching the light of the manifest reli­gion, and extinguished the light of the sincere Prophet. You concealed sips on froth and proceeded towards his (the Prophet) kin and children in swamps and forests (meaning you plot against them in deceitful ways), but we are patient with you as if we are being notched with knives and stung by spearheads in our abdomens, Yet-now you claim that there is not inheritance for us! What! "Do they then seek after a judgment of (the Days of) ignorance? But how, for a people whose faith is assured, can give better judgment than Allah? Don"t you know? Yes, indeed it is obvious to you that I am his daughter.

O Muslims! Will my inheritance be usurped? O son of Abu Quhafa! Where is it in the Book of Allah that you inherit your father and I do not inherit mine? Surely you have come up with an unprecedented thing. Do you intentionally abandon the Book of Allah and cast it behind your back? Do you not read where it says: And Suleiman inherited Dawood"?

And when it narrates the story of Zakariya and says: `so give me an heir as from thyself (One that) will inherit me, and inherit the posterity of Yaqoob" and: `But kindred by hood have prior rights against each other in the Book of Allah"

And: Allah (thus) directs you as regards your children"s (inheritance) to the male, a portion equal to that of two females" And, If he leaves any goods, that he make a bequest to parents and next of kin, according to reasonable usage; this is due from the pious ones." You claim that I have no share! And that I do not inherit my father! What! Did Allah reveal a (Qur"anic) verse regarding you, from which He excluded my father? Or do you say: `these (Fatima and her father) are the people of two faiths, they do not inherit each other?!" Are we not, me and my father, a people adhering to one faith? Or is it that you have more knowledge about the specifi­cations and generalizations of the Qur"an than my father and my cousin (Imam Ali)? So, here you are! Take it! (Ready with) its nose rope and saddled! But if shall encounter you on the Day of Gathering; (thus) what a wonder­ful judge is Allah, a claimant is Muhammad, and a day is the Day of Rising. At the time of the Hour shall the wrongdoers lose; and it shall not benefit you to regret (your actions) then! For every Message, there is a time limit; and soon shall ye know who will be inflicted with torture that will humiliate him, and who will be confronted by an everlasting punishment. (Fatima then turned towards the Ansars and said :) O you people of intellect! The strong supporters of the nation! And those who embraced Islam; what is this short-coming in defending my right? And what is this slumber (while you see) injustice (being done toward me)? Did not the Messenger of Allah, my father, used to say: A man is upheld (remembered) by his children"? O how quick have you violated (his orders)?! How soon have you plotted against us? But you still are capable (of helping me in) my attempt, and powerful (to help me) in that which I request and (in) my pursuit (of it). Or do you say: "Muhammad has perished;"

Surely this is a great calamity; its damage is excessive its injury is great, its wound (is much too deep) to heal.

The Earth became darkened with his departure; the stars eclipsed for his calamity; hopes were seized; mountains submitted; sanctity was violated, and holiness was encroached upon after his death. Therefore, this, by Allah, is the great affliction, and the grand calamity; there is not an affliction-which is the like of it; nor will there be a sudden misfortune (as surprising as this).

The Book of Allah-excellent in praising him-announced in the courtyards (of your houses) in the place where you spend your evenings and mornings; A call, A cry, A recitation, and (verses) in order. It had previously come upon His (Allah"s) Prophets and Messengers; (for it is) a decree final and pre¬destination fulfilled: "Muhammad is not but an Apostle: Many were the apostles that passed away before him. If he died or was slain, will ye then turn back on your heels? If any did turn back on his heels, not the least harm will he do to Allah; but Allah (on the other hand) will swiftly reward those who (serve Him) with gratitude." O you people of reflection; will I be usurped the inheritance of my father while you hear and see me?! (And while) You are sitting and gathered around me? You hear my call, and are included in the (news of the) affair? (But) You are numerous and well equipped! (You have) the means and the power, and the weapons and the shields. Yet, the call reaches you but you do not answer; the cry comes to you but you do not come to help? (This) While you are characterized by struggle, known for goodness and welfare, the selected group (which was chosen), and the best ones chosen by the Messenger for us, Ah-lul-Bayt. You fought the Arabs, bore with pain and exhaustion, struggled against the nations, and resisted their heroes. We were still, so were you in ordering you and you in obeying us. So that Islam became triumphant, the accomplishment of the days came near, the fort of polytheism was subjected, the outburst of was subjected, the outburst of infidelity calmed down, and the system of religion was well-ordered. Thus, (why have you) become con­fused after clearness? Conceal matters after announcing them? Turned on your heels after daring? Associated (others with Allah) after believing? Will you not fight people who violated their oaths? Plotted to expel the Apostle and became aggressive by being the first (to assault) you? Do ye fear them? Nay, it is Allah Whom ye should more justly fear, if you believe!

Nevertheless, I see that you are inclined to easy living; dismissed he who is more worthy of guardianship (Ali (a.s)); you secluded yourselves with meekness and dismissed that which you accepted. Yet, if you show ingratitude, ye and all on earth together, yet, Allah free of all wants, worthy of all praise. Surely I have said all that I have said with full knowledge that you intent to forsake me, and knowing the betrayal that your hearts sensed. But it is the state of soul, the effusion of fury, the dissemination of (what is) the chest and the presentation of the proof. Hence, here it is! Bag it (leadership and) put it on the back of an ill she­ camel, which has a thin hump with everlasting disgrace, marked with the wrath of Allah, and the blame of ever (which leads to) the Fire of (the wrath of Allah kindled (to a blaze), that which doth mount (right) to the hearts; For, Allah witnesses what you do, and soon will the unjust assailants know what vicissitudes their affairs will take! And I am the daughter of a Warner (the Prophet) to you against a severe punishment. So, act and so will we, and wait, and we shall wait."
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The Political Dimensions of the Case of Fadak

Adopted from the book : "Fadak in History" by : "Shahid Muhammad Baqir as-Sadr"
This was Fatimite revolution in its sentimental aspect, which was composed of many aspects.The clearest and the most dominent one was the political aspects.When I say that, I do not mean by politics the widespread notion among the public nowadays, which concentrates on crookedness and fabrication but I mean the real straight notion. He, who scrutinizes the steps of the dispute and its seccessive forms, does not understand it as a case of asking for a piece of land, but he perceives a mission further than that calling for an ambitious aim that prompts to revolt in order to regain stolen throne, a lost crown and a great glory and revive the inverted umma.1
Hence Fadak was a symbolic meaning representing a great notion and not that seized piece of land in Hijaz. This symbolic meaning of Fadak transferred it from an ordinary dispute shrunken in a limited circle to a big revolution with a wide horizon. Try to study whatever you like of the true historical documents about the case,will you find it a dispute about a property or a disagreement about a piece of land with its yields however much they were?
Certainly not! But it was the revolution against the bases of the rule and the outcry, by which Fatima wanted to pluck out the conerstone, on which history was built after the day of the Saqeefa.It suffices to read the speech that Fatima made in the mosque before the caliph and the crowd of the Muhajireen and the Ansar. Most of it was about praising Ali and his eternal situations for Islam.She recorded the right of the prophet's family that she considered as the means between Allah and His people and as Allah's choice, His sign of holiness, His argument among people and the heirs of the prophets for the caliphate and the rule.She warned the people of their bad fate because of their unsuccessful choice, their deviation, selecting an eligible one for the rule, the sedition2 they fell into and motives that led them to leave the Quran and oppose its commandment concerning the caliphate and the imamate.The matter was not a matter of inheritance or donation except to the account relating to the policy of the state.It was not a claim about a property or a house but it was, according to Fatima's opinion, (a matter of belief and unbelief, faith and hypocrisy and a matter of dictate and Shura).3
We also notice this political style in her talk with the women of the Muhajireen and the Ansar. She said: " Whereto did they move it from the position of the mission,the bases of the prophethood and the places of descent of Gabriel, who is aware of life and religion's affairs? That was the great loss. What did they deny from Abul Hassan (Ali)? Yes, they denied the beating of his sword, his forcefulness, his strict punishing and his venturing for the sake of Allah. By Allah, if they turned away from the rein, which the prophet had handed over to him (toImam Ali), he would catch it tenderly and he would move without harm or worry. He would lead them to a fresh flowing fount and would return them with satiety while he himself would not profit of anything but a little just to break his acute thirst and hunger.If they did so, they would be granted blessings from the Heaven and the earth 4 and they would be rewarded by Allah according to their deeds. Come on and listen! Whatever you live, you will see wonders, whose astonishment would last as long as you live! To what refuge they resorted and to what tie they clung! Evil certainly is the guardian and evil certainly is the associate and evil certainly is this change for the unjust! By Allah, they replaced the good with the bad and the just with the unjust. Disgrace be for people, who think they do well.Surely they themselves are the mischief makers, but they do not percieve. Woe to them! (Is He then who guides to the truth more worthly to be followed, or he who himself does not go aright unless he is guided? What then is the matter with you; how do you judge? Quran : 10:35)"
History did not mention that the prophet's wives disputed with Abu Bakr about their inheritance. Were they more indifferent to the vanities of life and closer to the prophet's aspects than his daughter Fatima? Were they busy with the great misfortune ( the prophet's death) and his daughter was not ?! Or that the political circumstances separated them and made Fatima the oppositionist away from the prophet's wives,who were not disturbed by the situations of the rule.
It might be certain that Fatima found that her husband's followers and his best companions, who did never have any doubt about her truthfulness, would add their witnesses to Ali 's and so the evidence would be clear to the calipha. Did not that show us that the high aim of fatima ,which was known well by the all ,was not to prove the donation or the inheritance but to do away with the results of the Saqqefa?5 that would not be by giving the evidence about the case of fadak, but to give the evidence to all of the people that they had deviated from the right way.6 this was exactly what fatima wanted to do by her struggling plan.
Let us hear the caliph's speech after Fatima finished her speech andleft the mosque.He ascended the minbar and said : "O people,what is the attention to every saying ! Were these wishes available at the time of the prophet (s) ? let every one say whatever he heard and tell of whatever he saw.He7 is not but a fox, whose witness is his tail .He keeps to every sedition. It is he, who says: "Bring it back as it was before(sedition and commotion)!" (they) ask for the help of the weak and women.He is like ummTihal,8 whose family was delighted with her prostitution. If I wanted to say, I would say and if I said,I would reveal but I am silent as long as I am not provoked." Then to the Ansar and said: "O people of Ansar, I have heard the saying of your foolish people. You were the best of those, who kept to the prophet's obligations. He came to you and you sheltered and helped him. I do not want to punish or scold whoever does not deserve that (from us)".9This speech uncovers for us some aspects of the caliph's personality and sheds a light on Fatima's dispute with him. What important for us now is that what this speech shows about the dispute and the caliph's impression about it. He perceived well that the protest of Fatima was not about the inheritance or the donation but it was a political war, as we would call nowadays, and complaining about the wrong doing to her great husband, whom the caliph and his companions wanted to keep away from his natural position in the world of Islam. So he did not talk except about Ali.He described him as a fox,the cause of every sedition, (umm Tihal) and that Fatima was his tail that followed him. He did not mention anything about the inheritance.Let us notice the tradition in the Sihah (Sunni books of Hadith) that Ali and his uncle al-Abbas disputed about Fadak during the reign of Omar. Ali said that the prophet (s) had donated it to Fatima.Al-Abbas denied that and that it was the prophet's ownership and that he (al-Abbas) was the heir. They went to Omar to judge betweeen them. Omar refused to judge between them and said: "You are more aware of your affairs and as for me, I have given it to you".10
We understand from this tradition-if it was true-that the decision of the caliph was a temporary political decision and that the situation was one of the necessities of the rule at that critical time, otherwise why did Omar ignored the tradition of Abu Bakr and put it aside to give Fadak to al-Abbas and Ali? His situation with them showed that he considered Fadak as a part of the prophet's inheritance and nothing else, because if it was but so, Ali and Abbas would not dispute about it whether it was a donation from the prophet (s) to Fatima or a part of his inheritance that his heirs deserved. What was the important of this dispute if the caliph (Omar) thought that Fadak was the Muslim's wealth and that he entrusted them (Ali and al-Abbas) with it to take care of it ? Could not he end the dispute between them and tell them that he did not think it was a part of the inheritance or it belonged to Fatima and that he entrusted them with it just to take care of it instead of him? He did not decide to give Fadak to Ali alone that he was not certain if the prophet had donated it to Fatima or not. So there was no away to justify his giving it to Ali and al-Abbas except by considering it as inheritance.Hence the case had two possibilities;
The first : That Omar accused Abu Bakr of fabricating the tradition of denying the inheritance.11
The second : That he interpreted the tradition and understood that it did not object to bequeating but he did not discuss it with Abu Bakr when the latter told of it.Wheather this or that was true,the political side was clear in this case, otherwise why did Omar accuse the first caliph of fabricating the tradition if it did not concern the policy of the government at hesitate in declaring his objection to the prophet and the first caliph in many cases, hide his interpretation?
It was clear that Fatima claimed for her inheritance after ruling party seized it because it was not common for people to ask the caliph's permission in order to recieve their inheritances or to give inheritances to the possessors. So Fatima did not have to consult with the caliph and was not in need of his opinion where he was unjust 12 and that he leapt on the throne as she thought. Hence her asking for her inheritance must be the echo of the nationalization-as we say nowadays-of the inheritance as a pretext to seize it. I say : if we knew that Fatima did not ask he rights before they were extracted from her, we would find that the circumstance of her claim encouraged, to a far extent, the oppositionists to seize the opportunity of the case of the inheritance to resist the ruling party in a peaceful manner required for the common wealth at that time and to accuse it of plundering, altering the bases of the Sharia and dealing with the law carelessly.
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1- With reference to Qurnic verse: ( And Muhammad is no more than an apostle; the apostles have already passed away before him; if then he dies or is killed will you turn back on you beels? and whoever turns back on his beels,! so, he will by means do harm to Allah in the least and Allah will reward the greatful) 3:144. And Muhammad is no more than an apostle; the apostles have already passed away before him; if then he dies or is killed will you turn back?
Refer to tradition talking about the apostasy of people ( after the prophet' s death). The prophet (s) said: "I precede you to the pond (On the Day of resurrection).Some men, whom I know, will be brought but they will preventen from me.I say: They are my companions. It is said: You do not know what they did after you. Then I say: Away with him! he, who distorded (the sunna), after me ..." Refer to al-Bukhari's Sahih vol.8, p.86, al-Kashahaf by az-Zamakhshari vol.4, p.811 and at-Tabari's Tareekh vol.2, p.245
2- Refer to the case of Saqeefa in at-Tabari's Tareekh vol. 2 p.235 and the following page. It was mentioned that: " The homage of Abu Bakr was a slip ..."
3- This was according to the Fatimite's thought about the case. She said in her speech: " You claimed that you fear a sediation to happen... then she recited this verse: (Surely into trial have they already tumbled down, and most surely hell encompass the unbelievers). 9:49. Refer to the full descussion of (The origin of the Shiism and the shia) edited by Dr. Abdul Jabbar Sharara.
4- Her speach means: (If they let imam Ali be the calipha , as the prophet had ordered , he would rule with justice and fairness.He would never burden them with more than their abilities.He would make them live in luxury and ease while he himself would live in asceticism)
5- Refer to sharh Nahjul Balagha vol.16p.236. it seemed that the caliph realized that ,so he prevented it. It seemed clear by the argument between the second caliph (Omar) and Ibn Abbas. It was mentioned by at-Tabari in his tareekh vol.2 p.578 that Omar said: "O ibn Abbas,do you know why they prevented your people -the Hashimites -(from the caliphate) after muhammad (s) ?Ibn Abbas said: I hated to answer him and said with my self if I did not know amirul mu'mineen would tell him. Omar said; they hated that both the prophethood and the caliphate would be for you -the Hashimites-so they boasted again you.Quraysh chose for itself and succceded. I said would you allow me to talk? He said: O Ibn abbas talk ! I said As for your saying that (Quraysh chose and it succeded) ... if Quraysh chose as Allah had chosen,it would be the right choice no doubt ... and as for you saying (they hated that the prophethood and the caliphate both being for )Allah had described some people by hating when He said :(that is because they hated what Allah revealed, so he rendered their deeds null)47:9.
6- Sharh Nahjul Balagha vol.16p.236.
7- He means Imam Ali!
8- A name of a famous prostitute in the pre-Islamic age.
9- Sharh Nahjul Balagha, vol. 16 p.214-215
10- Sharh Nahjul Balagha vol.16 p.221.Refer to the traditions confirming that Ali was the guardian,the heir and the caliph after the prophet (s). Refer for example to The history of Damascus by ibn Assakir vol.3 p.5 to see the saying of the prophet." Every prophet had a guardian and heir.Ali is my guardian and heir".
Refer to famous tradition of ad-Dar mention in at-Tabari's Tareekh vol.3 p.218, al-Khazin's Tafseer vol.3 p.371 about the interpretation of the verse: (And warn your nearest relations) and Ahmad's Musnad vol.2 p.352.
11- With refrence to the traditon narrated by Abu Bakr alone when he said that the prophet had said: "We the prophets, do not bequeath. What we leave is to be as charity". Refer to as-Sawa'iq al-Muhriqa p. 34 and Sharh Nahjul Balagha vol. 19p.223.
12- Refer to the dialogue between the second caliph and Ali and al-Abbas bin Abd al-Mutallib as mentioned in Sharh Nahjul Balagha vol.16 p.222.

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