the fiqh of mubaahlah

7/30/2019 The Fiqh of Mubaahlah

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Uways bin Naeem Al Hindy


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All thanks and praises are due to Allh, Whom we thank, seek for help and invoke for forgiveness. Weseek refuge with Allh from the evils within ourselves. He whom Allh guides will never be misled and

he whorn He misguides will never find one to guide him. I bear witness that there is no deity worthy of

worship except Allh and that Muhamrnad is His slave and Messenger.

The Arabic word is derived from the verb . It means a du'a (supplication) containing curses

upon the liars.1

When two individuals/parties/groups debate with each other without reaching a common end-result and

both thinking themselves to be on the correct path even after the group who is on the right path hasestablished the proof upon the other who remain stubborn,then the Qur'an commands that both parties

should raise their hands in supplication and beseech Allaah for curses upon the (liars) based

on the following verse of the Qur'an whose background shall be explained in detail insha Allaah:

: 61

Then whoever argues with you about it after [this] knowledge has come to you - say,"Come, let us call our sons and your sons, our women and your women, ourselves andyourselves, then supplicate earnestly [together] and invoke the curse of Allah upon theliars [among us]." [3:61]

HISTORICAL BACKGROUND OF THE VERSE:

Surah Baraa'ah (Taubah) was revealed after the Muslims conquered Makkah.It called for the severing

of all ties between Muslims and Polytheists. So the tribes who still hadn't accepted Islam in Arabia

were given a period of four months to decide their own fate. Otherwise,at the end of four months,theMuslims would decide their fate for them.

This message resonated loud and clear throughout Arabian Peninsula,and the tribes of the region

responded by sending delegates who announced their entry into the fold of Islam.

The Messenger of Allaah (sallallaahu alayhi wa sallam) sent a letter to the Christians of Najraan, a

letter that consisted of the following message:

To proceed: Verily,I invite you to turn away from the worship of slaves and to embrace the worship

of Allaah.And I invite you to turn away from showing loyalty to slaves and to show complete loyalty

1 For details refer : Lisaan Al-Arab of Ibn Manzoor (1/375) , Al-Mufradaat of Al-Raaghib Al-Asfahani pg 149


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to Allaah.If you refuse,then you must pay the Jizyah tax and if you refuse that,then I declare WAR

upon you.2

When the bishop of Najraan received the Prophet's letter, he gathered his people and read it to them,

and asked them what they thought about it. After they discussed the matter, they agreed to send adelegation consisting of sixty horsemen, including fourteen of their chiefs who make decisions.

Three of them were their most revered leaders:

1) Al-Aaqib - Leader & Principle Decision-Maker

2) As-Sayyid - Experienced Traveler

3) Abul-Haarith - Bishop & Chief Religious Authority

When the Najraan delegates arrived in Al-Madeenaah, they went to the Prophet's Masjid, wearing

elaborate clothing and robes that were hemmed with silk. On their hands they were wearing gold rings.

Once inside of the Masjid, they faced towards east and began to pray.

The Messenger of Allaah (sallaallaahu alayhi wa sallam) said, Leave them.When they then

approached the Messenger of Allaah (sallaallaahu alayhi wa sallam), he turned away from them and

refused to speak to them.

Uthmaan (radhi Allaahu anhu) said to them, (You are receiving this treatment) because of the outfits

you are wearing.They left for the day and returned the next morning, attired in the simple clothing ofmonks. They extended greetings of peace, and the Prophet (sallaallaahu alayhi wa sallam) returned

their greetings and then proceeded to invite them to Islam.

They refused to embrace Islam saying, We were Muslims before you.

The Prophet (sallaallaahu alayhi wa sallam) said: Three things stand in the way of you being

Muslims. The fact that you worship the cross, the fact that you eat the flesh of swine, and the fact

that you claim that Allaah has a son.3

An all-out debate broke out between the Prophet (sallaallaahu alayhi wa sallam) and the delegates.He recited the Qur'an to them and refuted their false claims. During the course of their debate the

delegates said, Why is it that you curse our companion (Eesa alayhi salaam) and say that he is the

slave of Allaah?

The Prophet (sallaallaahu alayhi wa sallam) said, Yes he is His Word, which He cast unto Maryam,

the chaste, the virtuous.

The delegates became angry and said, Have you ever seen a person who has no father? If you are

truthful, then show us someone who is like him in that regard.It was not the Prophet (sallaallaahualayhi wa sallam) who then refuted them, but Allaah (Subhaanahu Wa Ta'ala) who revealed this verse:

2 Refer Al-Bidaayah Wan-Nihaayah (5/48)

3 Refer As-Seerah An-Nabawiyyah by Abu Shohbah (2/547); Ad-Durr Al Manthoor Fit-Tafseer Bil-Ma'thoor by As-

Suyootee; Ad-Dalaail by Abu Na'eem.


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Indeed, the example of Jesus to Allah is like that of Adam. He created Him fromdust; then He said to him, "Be," and he was.

They asked for an example of someone who had no father. Allaah(Subhaanahu Wa Ta'ala) not onlysatisfied their request, but went one step further by mentioning someone who had neither a father nor a

mother. When sound arguments and fair preaching had no effect on the delegates, the Prophet(sallaallaahu alayhi wa sallam) invited them to a duel of sorts not a duel that involved swords, but one

that involved curses. It was a practice that was called Al-Mubaahalah.

Two opposing groups would bring all of the members of their family, and when everyone was present,

the people of each group would ask that Allaah curse the group that was lying.

And thus was revealed the verse of Mubaahalah:

Then whoever argues with you about it after [this] knowledge has come to you - say,

"Come, let us call our sons and your sons, our women and your women, ourselves andyourselves, then supplicate earnestly [together] and invoke the curse of Allah uponthe liars [among us]."

After the Prophet (sallaallaahu alayhi wa sallam) invited them towards Al-Mubaahala, They said,

O Abu Al-Qasim! Let us think about this matter and get back to you with our decision to what we

want to do.'

The Prophet (sallaallaahu alayhi wa sallam) returned with Ali, Al-Hasan, Al-Husain, and Faatimah

(radhi Allaahu anhum) and he said to them, When I supplicate, say Aameen.

Meanwhile, the delegates were having a private meeting of their own conferring with Al-Àqib, to

whom they referred to for advice. They said to him, O Abdul-Masih! What is your advice?

He said, By Allah, O Christian fellows! You know that Muhammad is a Messenger and that hebrought you the final word regarding your fellow (Ìsa). You also know that no Prophet conducted

Mubaahalah with any people, and the old persons among them remained safe and the young people

grew up. Indeed, it will be the end of you if you do it. If you have already decided that you willremain in your religion and your creed regarding your fellow (Ìsa), then conduct a treaty with the

man (Muhammad) and go back to your land.

They came to the Prophet and said, O Abu Al-Qasim! We decided that we cannot do Mubahalah withyou and that you remain on your religion, while we remain on our religion. However, send with us a

man from your Companions whom you are pleased with to judge between us regarding our monetary


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disputes, for you are acceptable to us in this regard.4

The Prophet (sallaallaahu alayhi wa sallam) then agreed to sign a treaty with them if they paid theMuslims two-thousand robesone thousand in the month of Rajab, and one thousand in Safar.

5

Thus the Christians fearing their lives escaped from the Mubaahalah. They knew that Muhammad

(sallaallaahu alayhi wa sallam) was truly a Prophet, and they feared that, if they went through withMubaahalah, they would bringing the curse of Allaah down upon themselves. They were proud but not

ignorant. They knew that, throughout history, whenever anyone went against a Prophet in a session of

Mubaahalah, that person became destroyed.

The Prophet (sallaallaahu alayhi wa sallam) said:

Had those who sought Mubahalah with the Messenger of Allah, went ahead with it, they would not

have found estates or families when they returned home.6

IS MUBAAHALAH SPECIFIC TO THE PROPHET ?

Mubaahalah is not specific to the prophet (sallaallaahu alayhi wa sallam) rather it is general for thewhole Ummah until the establishment of the hour.

And it is also not specific only with the Christians (meaning only doing mubaahalah against the

Christians) rather it is general with every transgressor If the proof is established upon him and thetruth is clarified to him and he does not return from his statement rather he continues upon his

falsehood and stubbornness.

Ibnul Qayyim said7

:

::

:And from the fawaid is that "the sunnah in debating the people of falsehood if you establish upon them

the hujjah of Allaah and they do not return rather they insist upon stubbornness that you call them toMubaahalah and Allaah has already commanded with that His Messenger (sallaallaahu alayhi wa

sallam) and he did not say: indeed that is not for your nation after you; and the son of his uncle,

Abdullah ibn Abbas, called to it (mubaahalah) in regards to those who rejected upon him some of the

4 Refer Tafseer Ibn Kathir (3:61) ; Noble Life of the Prophet Vol.3 (Darus-Salaam) pg 1929-1932

5 For details see Ibn Sa'd's Tabaqaat Al Kabir Vol 1 pg 418-420 (English, Kitaab Bhavan, New Delhi)

6 Sahih Bukhari,Tirmidhi,Nasai.

7 Zad Al Ma'ad 3/643


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issues of furu'a and the Sahaba did not reject this upon him, and Al awzaai called Sufyan at-Thawri to

it in regards to the issue of raising the hands and no one rejected that upon him. And this is from the

completion of the proof.

THE SAHABAS' CALL TOWARDS AL-MUBAAHALAH

From the above statement of Ibnul Qayyim, we understand that it is a sunnah to invite People of

Falsehood towards Mubaahalah and that it was not exclusive for the Messenger (sallaallaahu alayhi wa

sallam) as he mentioned that the Great Sahabi Abdullah Ibn Abbas (radhi Allaahu anhu) called peopletowards it. The report mentioning his call towards Mubaahalah is authentically recorded as follows:

: ::

It is mentioned by Imam Saeed ibn Mansur8

in his sunan that Ata said to Ibn Abbas (radhi Allahu anhu)

"Indeed the people do not take my statement and not yours and if I and you were to die they would not

divide the inheritance upon what we say, so he said "so gather them so we will place our hands uponthe rukn (pillar) and then we will do mubaahalah and place the curse of Allah upon the liars...."9

Abdullah Ibn Mas'ood (radhi Allaahu anhu) calls for Al-Mubaahalah:

In the issue of Iddah(waiting period) of pregnant women after her husband expires, Abdullah IbnMas'ood ruled that the correct ruling in this matter is that her waiting period ends upon the birth

of the child. He challenged anyone who opposed him in this matter. It is mentioned in an authentic

narration:

It was narrated from Alqamah bin Qais that Ibn Mas'ood said: Whoever wants, I will meet and debate

with him and invoke the curse of Allaah upon those who lie. The Verse: .'And for those who arepregnant(divorced or widow), their Iddah is until they lay down their burden'(65:4) was only

revealed after the Verse about women whose husbands die.10

8 Saeed Ibn Mansur - His kunya was Abu Uthman. He was from Khurasan, a Hafiz, he wrote a sunan. Layth ibn Saa'ad

and Fulayh ibn sulayman were some of his teachers. Imam muslim and Abu dawud were some of his students and his

narrations can be found in all 6 books of hadeeth. He died in the year 227 hijri. (Al-KashifDhahabi).

9 Sunan Saeed Ibn Mansur Hadith # 37 (Shaykh Zayed al wasaabi says its chain is saheeh in his book al jami'a fi ahadeeth

wa athaar al faraaid)

10 Sunan Nasai Vol.5 Hadith # 3552 (English , Darus-Salaam) Graded Sahih by Zubayr Ali Za'i


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The purpose of Abdullah bin Mas'ood is that the command concerning the pregnant woman was

mentioned later; therefore, they are exempt from the restriction or command of four months and tendays (which was revealed earlier in Surah Baqarah), and this appears to be the best view.

Al-Awzaai calls Sufyaan At-Thawree towards Mubaahalah

" ".

.

:: : .

: .

Imam Awzaai and Imam Sufyan had discussion about raising hands in rukoo and when raising from

rukoo in Masjid Al-khaif. Imam Awzaai put forth the hadeeth that he narrates from Zuhree about Salim

about his father that Rasool sallallahu alaihi wa sallam used to raise his hands while going to and raisingfrom rukoo.

So Sufyan At-Thawree opposed it with the hadeeth of Yazeed bin Abee Ziyaad. Awzaai got

angry, and said: Is the hadeeth of Zuhree being opposed with the hadeeth of Ziyaad while he being aweak narrator?

Then the face of Thawree got red and Imam Awzaai said: You dislike what I said? He

said "yes".

Then Awzaai said " Let us go to the Rukn and pray for curse to know who among us is upon

the truth. Then Thawree kept silent.11

Thus,we see how people from the Golden Age of Islam reacted in the affairs of Deen.The affairs of creedand allegiance and enemity for the sake of Allah was seen as one of the most important matters.They

were sincere about their manhaj and dawah so much so that they used to refute those who used to

11 Al-Bidaayah Wan-Nihaayah, Ibn Kathir 10/124


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compromise on the manhaj.Even today,many claimaints to Salafiyyah allege the adherants to Salafiyyah

of falsehood and of disuniting the people at large.Subhanallah.These people ask and beg from the

mushriks and innovators to spread the deen and claim they are upon the truth? Nay! They arepartisans,enemies of Allah,His Messenger (sallalahu alayhi wasallam) and the muslims.Some of these

hizbees and hypocrites did start asking us for the evidences in Quran and Sunnah for calling themtowards Mubaahlah.May Allah make us from those who are granted light on the Day of Resurrection.

the fiqh of mubaahlah

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