Tag: Q n A

Praise be to Allah.If this man is good in terms of
religious commitment and character, and you want to marry him, then tell him to
approach your guardian (wali), and tell your guardian
about his good qualities and that you accept him. If your father agrees to
accept him as a husband for you, then praise be to
Allah. If he refuses and gives an acceptable reason for that, then it is not
permissible for you to try to marry him through the imam of the mosque or
anyone else, because there is saheeh evidence that
the approval of the guardian is a condition of marriage being valid and that it
is not permissible to overlook him so long as he is not unjustly preventing
marriage. Unjust prevention of marriage means preventing a woman from marrying
a compatible man of whom she approves.
For example, the Prophet (blessings and
peace of Allah be upon him) said: “There is no marriage except with a
guardian.” Narrated by Abu Dawood, 2085; at-Tirmidhi, 1101; Ibn Maajah, 1881, from Abu Moosa al-Ash‘ari; classed as saheeh by al-Albaani in Saheeh at-Tirmidhi
And he (blessings and peace of Allah be
upon him) said: “Any woman who gets married without the permission of her
guardian, her marriage is invalid, her marriage is invalid, her
marriage is invalid.”
Narrated by Ahmad, 24417; Abu Dawood, 2083; at-Tirmidhi. 1102.
Classed as saheeh by al-Albaani
in Saheeh al-Jaami‘,
2709
If it is proven that marriage has been
unjustly prevented, guardianship passes to the next closest male relative (on
the father’s side), such as the (paternal) grandfather, then the brother,
brother’s son, paternal uncle and so on. If none of these relatives are present
or they refuse to give the woman in marriage, then she may be given in marriage
by the Muslim judge if there is one, otherwise the imam of the mosque or a
Muslim of similar standing may give her in marriage.
But if the guardian refuses to give a
girl in marriage to a married man who has children, this is not regarded as
unjustly preventing marriage, because he thinks that it is not appropriate for
her or he fears that she may suffer in this marriage, or he fears that there
may be problems between her and the first wife, as happens in many cases of
plural marriage, many of which end in failure and termination of married life.
The guardian has to look at what is in
the best interests of the female relative under his guardianship. In most cases
he is better able than she is to let reason and wisdom prevail over emotion,
hence Islam has given him this duty.
An-Nasaa’i
(3221) narrated that Buraydah said: Abu Bakr and ‘Umar both proposed
marriage to Faatimah, but the Messenger of Allah
(blessings and peace of Allah be upon him) said: “She is too young.” Then ‘Ali
proposed to her and he gave her in marriage to him. This hadeeth
was classed as saheeh by al-Albaani
in Saheeh an-Nasaa’i.
As-Sindi said
in his commentary on an-Nasaa’i: The words “Then ‘Ali
proposed to her” indicate that happened straight afterwards without any delay,
as is indicated by the word fa (translated
here as “then”). Thus it is known that the Prophet (blessings and peaces of Allah be upon him) thought that she was too young
for them (i.e., Abu Bakr and ‘Umar)
but that did not apply in ‘Ali’s case. This indicates that being of the same
age or close in age is something to be paid attention to because it is more
likely to lead to harmony. End quote.
Thus it is known that it is possible to
reject a man who is of good character and religiously committed, if the
guardian thinks that his daughter is not suitable for him in terms of age or if
he fears that she may suffer in the marriage, or that she may have troubles
with the co-wife, or he hopes that she may receive a proposal from someone who
is more suitable for her.
It says in Asna’l-Mataalib
(3/108): It says in al-Ihya’: just as it is mustahabb to marry a virgin, it is mustahabb
not to give one’s daughter in marriage except to a virgin who has never been
married, because people usually feel more at ease with the first spouse. End
quote.
So do not object to your parents if they
reject this suitor, because they have more insight into married life than you
and they are the keenest of people to get what is good for you. Their opinion
is based on experience and reasoning, not emotion, and perhaps Allah will bless
you with something good by virtue of your obeying your parents.
And Allah knows best.

Praise be to Allah.The basic principle is that the actions of the Prophet (peace and blessings of Allah be upon him) before his mission began are outside of the legislative Sunnah, and that we are not required to follow him or take him as an example in that regard, except in cases where sharee’ah – after his mission began – affirmed that something was prescribed or Islamically acceptable, either by way of being obligatory or mustahabb, such as fulfilling promises, helping the destitute, honouring guests, helping people when calamity strikes and so on. In that case we are obliged to follow his example, because it became a law for us after his Prophethood began, and not just because he (peace and blessings of Allah be upon him) did it before he was a Prophet. Based on this, there are some actions that he did before his mission began that we are not obliged to follow, either because there is no proof that it is prescribed for us or because there are reports to show that it was abrogated after his mission began. 
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: The things that happened before Prophethood are not mentioned as things to be followed or that are legislated, as is the case with his actions after Prophethood, because the Muslims are unanimously agreed that what is obligatory with regard to believing in him (peace and blessings of Allah be upon him) and following what he brought, is that which has to do with what happened after he became the Prophet. 
Hence whoever stays away from Jumu’ah prayer and prayers in congregation, and lives alone in caves and mountains, where there is no Jumu’ah or prayer in congregation, and claims to be following the example of the Prophet (peace and blessings of Allah be upon him) because he was used to worship alone in the cave of Hira’ before his Prophethood, thus forsaking the acts of worship that were prescribed and enjoined by Allah and His Messenger, and following the example of what he used to do before Prophethood, is wrong. That is because, after Allah honoured him with Prophethood, the Prophet (peace and blessings of Allah be upon him) no longer did what he used to do before that, of worshipping alone in the cave of Hira and so on.  
None of his Sahaabah after him went to the Cave of Hira’, and they did not stay away from Jumu’ah prayer or prayers in congregation in isolated places, and none of them observed any kind of forty-day retreat, as some of the later Muslims did. Rather they worshipped Allah by means of the prescribed acts of worship that the Prophet (peace and blessings of Allah be upon him) ordained for them. End quote from Majmoo’ al-Fatawa (18/10). 
With regard to the muhaddithoon (scholars of hadeeth), they paid attention to what was narrated from the Prophet (peace and blessings of Allah be upon him) at all times, even if it was before his mission began. That is part of the Sunnah according to the definition of the muhaddithoon, who regard everything that was narrated from the Prophet (peace and blessings of Allah be upon him) as Sunnah, so they narrated it in their books on that basis. 
See: Af’aal al-Rasool sall-Allahu ‘alayhi wa sallam wa Dalaalatuhaa ‘ala al-Ahkaam, by Dr. Muhammad al-‘Aroosi (149). 
And Allah knows best.

Praise be to Allah.
There are previous answers
dealing with acting and what is connected to it. Please see
the answers to questions no. 10836 and
22442. 

In the answer to question no.
14488 there is a fatwa
of the Standing Committee which states that it is haraam to
act the part of any of the Companions of the Prophet
(blessings and peace of Allah be upon him) in movies, plays
and so on. 

In those answers it also
says:

1.

There is no difference between
voice acting and acting that is seen. 

2.

There is no difference of
opinion among the scholars that acting which involves
indecency, free mixing or any haraam content or actions is
haraam. 

3.

None of the scholars permit
acting in general terms; rather they have stipulated
conditions and guidelines. 

4.

It is not appropriate to do a
great deal of permissible acting — according to those who
say that it is permissible — even if that is for the sake of
calling people to Allah. 

After searching a great deal, we
did not find any fatwa by any of our senior scholars that
speaks specifically of voice acting. What seems to be the
case is that there is no difference between voice acting on
the radio and acting that is seen, as it is all acting,
whether the view is that it is permissible or that it is
forbidden. But there is no doubt that acting that is seen is
more serious in terms of fitnah and causes more corruption,
because temptation caused by a living, visible image is not
the same as temptation caused by a voice that is merely
heard. But we are speaking of acting in and of itself,
regardless of what other things may accompany
it. 

And Allah knows
best.

Praise be to Allah.
The ahaadeeth which must be accepted and taken as evidence
are the acceptable ahaadeeth: those which are saheeh or hasan. As for da’eef
(weak) and false ahaadeeth, it is not permissible to use them as evidence
with regard to shar’i rulings. 

Al-Imam al-Shaafa’i said in al-Risaalah (p. 463): 

It is obligatory to accept a report once it is proven, even
if the imams did not act upon this report. End quote. In other words: once a
hadeeth is proven to be from the Prophet (peace and blessings of Allaah
be upon him), it is obligatory to act upon it. 

‘Abd-Allaah ibn al-Imam Ahmad ibn Hanbal said: 

I asked my father about a man who has books which contain the
words of the Messenger of Allaah (peace and blessings of Allaah be upon
him) and the Sahaabah and Taabi’een, but the man does not know how to
recognize da’eef (weak) and matrook (rejected) ahaadeeth, and he cannot tell
a strong isnaad from a weak one. Is it permissible for him to act upon
whatever he wants and to choose reports and issue fatwas and act on that
basis? 

He said: he should not do anything until he finds out which
ahaadeeth are sound and may be acted upon, so that he will be acting upon a
sound basis. He should ask the scholars about that. End quote. 

I’laam al-Muwaqqi’een (4/179). 

Imam Muslim (may Allaah have mercy on him) said: 

You should note, may Allaah have mercy on you, that knowledge
of hadeeth and determining which are sound and which are unsound is the role
of the scholars of hadeeth only, because they are the ones who have
memorized the people’s reports and they know them well, unlike others. So
the basic principle on which they base their beliefs is the Sunnahs and
reports which were transmitted from one era to the next from our Prophet
(peace and blessings of Allaah be upon him) until the present day. End
quote. 

Al-Tamyeez, p. 218 

Imam al-Sarkhasi (may Allaah have mercy on him) said: 

Not following a saheeh hadeeth from the Messenger of Allaah
(peace and blessings of Allaah be upon him) is haraam, just as doing
what is contrary to it is haraam. End quote. 

Usool al-Sarkhasi (2/7). 

Al-Nawawi (may Allaah have mercy on him) said: 

The scholars said: Ahaadeeth are of three types: saheeh
(sound), hasan (good) and da’eef (weak). They said: It is only permissible
to quote as evidence concerning rulings those ahaadeeth which are saheeh or
hasan. As for those which are da’eef, it is not permissible to quote them as
evidence with regard to rulings or beliefs, but it is permissible to narrate
them and act upon them with regard to matters other than rulings, such as
stories, virtuous deeds, and offering encouragements and warnings. End
quote. 

Al-Majmoo’ (1/98). 

Al-Haafiz Ibn Rajab (may Allaah have mercy on him) said: 

With regard to the imams and fuqaha’ of ahl al-hadeeth, they
follow the saheeh hadeeth wherever it is. End quote. 

Fadl ‘Ilm al-Hadeeth (p. 57). 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: 

It is not permissible to rely in matters of sharee’ah on
da’eef ahaadeeth which are not saheeh or hasan. End quote. 

Majmoo’ al-Fataawa (1/250). 

Al-‘Allaamah Zakariya al-Ansaari (may Allaah have mercy on
him) said: 

The one who wants to quote as evidence a hadeeth from the
Sunans or Musnads, if he is qualified to distinguish between what may be
quoted as evidence and what may not, then he should not quote it as evidence
unless he examines its isnaad and its narrators. Otherwise if he can find
one of the imams who classed it as saheeh or hasan, he may follow him,
otherwise he should not quote it as evidence. End quote. 

Fath al-Baaqi Sharh Alfiyyat al-‘Iraaqi 

See also the answer to question no.
115125 for information on the
ruling on one who rejects a saheeh hadeeth and no.
79163 for information on the conditions of a saheeh hadeeth. 

And Allaah knows best.

Praise be to Allah.The religion which Allaah has chosen is the religion of Tawheed, Islam, for which He sent the Messengers and revealed the Books. It is by His grace towards His slaves that He has preserved this religion and decreed that it will survive and continue and its basic principles will be preserved through the sincere and devout scholars who are entrusted with the Revelation and who bear that trust and deliver it as enjoined by their Lord.  
Among previous nations in history there has been distortion and changing of the contents of the messages of the Prophets to a great extent, because most of their scholars betrayed the trust and sold the covenant of Allaah for a small price. They were misled by their whims and desires and by the shaytaan, and they introduced into the religion things for which Allaah gave no permission. One of the most serious ways in which they distorted the message of the Prophets was by introducing the principle of al-waasitah (mediation) between Allaah and His creation, between the almighty Lord and His slaves, thus aiming to protect the thrones of the tyrants who oppressed the people thereby and held their destiny in their hands, through the body that spoke in the name of “heaven”. They invented names and titles for this organization and classified them in varying degrees and levels, where the clergyman could progress through the ranks that had been invented in the name of “the Lord” until he reached the position of acting as the deputy of “God” as the “high priest” or “pope”. 
The English historian Wills said in his book, Milestones of Human History (3/270):  
But even though the fully-developed Christianity of the fourth century preserved the teachings of Jesus in the Gospels as its foundation, it was in essence a sacerdotal religion of the type that had been familiar to people for thousands of years. The altar was the focus of its elaborate rituals and the essential act of worship was the sacrifice consecrated by the priest for the Mass, and it had a structure that quickly formed, composed of the deacons, priests and bishops. End quote. 
This body developed its authority and its method of organization from the political hierarchy of the Roman Empire as Shaykh Safar al-Hawaali said in his book al-‘Ulmaaniyyah (79): 
The presence of priests and monks within the Roman Empire helped to support their position and reinforce it, because they copied from the political system and hierarchy of the state the idea of creating a priestly system and hierarchy. Just as the state system resembled a pyramid with the emperor at the top and the troops at the bottom, the church system also resembled a pyramid, with the pope at the top and the priests at the bottom. As a result of the principle of separating church and state, the empire took care of sponsoring the church hierarchy, and did not find anything in it that contradicted or opposed the state hierarchy. Thus it was settled and became strong. End quote. 
But in the sharee’ah of Islam that was divinely protected, you do not find the kind of class system that could reinforce tyranny and oppression, and you can only find texts which speak of equality among all people and state that the best of them are those who are most pious and closest to Allaah and who follow His laws most closely. 
Allaah says (interpretation of the meaning): 
“Verily, the most honourable of you with Allaah is that (believer) who has At‑Taqwa [i.e. he is one of the Muttaqoon (the pious)]”
[al-Hujuraat 49:13] 
“And for all, there will be degrees according to that which they did, that He (Allaah) may recompense them in full for their deeds. And they will not be wronged”
[al-Ahqaaf 46:19]
Hence the essence of Islamic sharee’ah is based on cancelling out the mediation of bandits who come between the people and Allaah in the name of “mediation” or “intercession”. Islam attributes this attitude to the mushrikeen who fought the message of Tawheed, of whom Allaah says (interpretation of the meaning): 
“And they worship besides Allaah things that harm them not, nor profit them, and they say: ‘These are our intercessors with Allaah.’ Say: ‘Do you inform Allaah of that which He knows not in the heavens and on the earth?’ Glorified and Exalted is He above all that which they associate as partners (with Him)!”
[Yoonus 10:18]
The guided French scholar Naasir al-Deen Dinet said: 
The issue of mediation was one of the major issues in which Islam superseded all other religions, because there is no intermediary between Allaah and His slave. There are no priests or monks in Islam; these intermediaries are the cause of all evil in other religions and that is indeed the case no matter what their beliefs and no matter how sincere they are and how good their intentions. The Messiah himself understood that. Did he not drive the sellers out of the temple? But his followers do not act as he did, and today if Jesus were to return how many like the sellers in the temple would he drive out?  End quote from al-‘Ulmaaniyyah (p. 81). 
As for the status of the fuqaha’ and scholars in Islam, it is purely academic, i.e., whether a person has enough knowledge to qualify him to talk about religion is based on his studies and academic qualifications and what he has learned from universities, study circles and books. It has nothing to do with any religious hierarchical body or priestly rituals that give them authority in the name of the Lord. Rather it is a level of specialized knowledge – as in any other field of knowledge studied by specialists. They may be correct or incorrect, and they are subject to criticism on the basis of evidence. None of them has any authority or power to declare things halaal or haraam, or to issue commands and prohibitions, except the Lord of the Worlds. They are no more than conveyors of His laws, and teachers who tell the people of what was revealed from the Lord of the Worlds. Moreover, as we have pointed out, they are not infallible in their understanding of the message brought by the Messenger of Allaah (peace and blessings of Allaah be upon him), or in the way they preserve it and convey it. Rather the infallible ruling, which Falsehood cannot come to it from before it or behind it (cf. Fussilat 41:42), and which is to be referred to in the case of a dispute, is the Revelation of Allaah, may He be exalted: His Holy Book and what is narrated in saheeh reports from the Prophet (peace and blessings of Allaah be upon him), then that on which there is consensus among the ummah, for his ummah cannot agree on misguidance. 
The titles and names that the scholars bestow on some of them, or that the people bestow on them, are only referring to the level of knowledge that a person acquires of the rulings of sharee’ah. There may also be a kind of distinguishing the type of knowledge in which a person has specialized, such as faqeeh and mufti for those who have specialized in fiqh and issuing fatwas, respectively, or mufassir for the one who has specialized in tafseer or commentary on the Book of Allaah, or muhaddith and hafiz for those who have specialized in the study of hadeeth. 
The scholar may also be given titles of praise for his vast knowledge and learning, such as Shaykh al-Islam or ‘Allaamah or Imam and other such titles which ascribe knowledge and learning to those who are entitled to them. In no way are they meant as indicators of priestly status that has been earned in a gradual manner through stages of devotion and monasticism.  
Even describing the academic level by using these titles is not something precise, such that the one who reaches a certain level will be called by a different name than someone who has reached a lower level. Rather they are relative descriptions and do not refer to precise distinctions between one level and another, and they are not indicative of different levels of knowledge, rather they point to general praise or particular specializations. 
There is no precise difference between the titles of imam, ‘aalim and Shaykh and it is not permissible for anyone to understand their usage in books or by scholars in terms of the innovations of other nations with regard to clergymen and priests. 
And Allaah knows best.

Praise be to Allah.Firstly: 
At the time of the Revelation, the Muslims learned the rulings of Islam from the Prophet (peace and blessings of Allaah be upon him) through the verses of the Holy Qur’aan and the ahaadeeth of his Sunnah. Hence there were no differences of opinion among them except with regard to some minor issues. If that happened, the Prophet (peace and blessings of Allaah be upon him) would explain to them what was correct. 
When the Prophet (peace and blessings of Allaah be upon him) died and the Sahaabah spread out to various regions to teach the people Islam, there appeared some differences with regard to some matters of fiqh which arose at different times and in different places. These differences were due to a number of reasons, which we will sum up here from the words of the scholars: 
1-The evidence had not reached the one who held a different opinion, and he made a mistake in forming his opinion.
2-The hadeeth had reached the scholar, but he did not regard the transmitter as trustworthy, and he thought that it went against something that was stronger, so he followed that which he thought was stronger than it.
3-The hadeeth had reached him but he forgot it.
4-The hadeeth had reached him but he understood it in a way other than the intended meaning.
5-The hadeeth reached him but it was abrogated, and he did not know the abrogating text.
6-He thought that it contradicted something that was stronger than it, whether that was a text or scholarly consensus (ijmaa’)
7-The scholar used a weak hadeeth as the basis for his ruling, or he derived the ruling by means of weak arguments.
For a detailed discussion of these reasons and others, see Raf’ al-Malaam ‘an al-A’immati’l-A’laam by Shaykh al-Islam Ibn Taymiyah, and al-Khilaaf bayna al-‘Ulama’: Asbaabuhu wa Mawqifuna minhu by Shaykh al-‘Uthaymeen. 
We think that what we have mentioned about the reasons for differences among the scholars i.e., with regard to matters of fiqh, will be clear to you, in sha Allaah. 
Secondly: 
What should the Muslim’s attitude be towards differences that arise between the scholars? In other words, which scholarly opinion should the Muslim follow in matters where they differed? The answer depends: 
1 – If the Muslim is one who has studied shar’i knowledge and learned its basic principles and minor issues, and he can distinguish right from wrong with regard to scholarly views, then he has to follow that which he thinks is correct and ignore that which he thinks is wrong. 
2 – If he is one of the rank and file, or has not studied shar’i knowledge, and thus cannot distinguish between right and wrong with regard to scholarly views, then he must follow the fatwa of a scholar whose knowledge he trusts and who he believes to be trustworthy and religiously committed, whether he is from his own country or another country, and differences between scholars will not matter after that. He does not have to change what he is doing because he hears another scholar issuing a fatwa that differs from the one he is following, unless he realizes that what he learned later on is the correct view, on the basis of his confidence in the religious commitment and knowledge of the second Shaykh. 
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 
The one who has knowledge of evidence is required to follow the evidence, even if it goes against some of the imams, if it does not go against the consensus of the ummah. 
The one who does not have any knowledge should ask the scholars, because Allaah says (interpretation of the meaning): “So ask  of those who know the Scripture, if you know not” [al-Nahl 16:43]. He should ask one who he thinks has more knowledge and is more religiously committed, but that does not mean that doing so obligatory, because the one who is better may make a mistake with regard to a particular issue, and the one who is regarded as less knowledgeable may be right with regard to it. But priority should be given to following the one who is more knowledgeable and more religiously committed. 
See also the answers to questions no. 8294 and 10645. 
Thirdly: 
If you ask about our view on the issue of covering the face, the most correct scholarly view in our opinion is that it is obligatory to cover the face in front of non-mahram men. There is a great deal of evidence and scholarly views concerning that, as among the Maalikis. Many of them said that it is not permissible for a woman to uncover her face in front of non-mahram men, not because it is ‘awrah but because uncovering it runs the risk of fitnah. But some of them think that it is ‘awrah. Hence women, in their view, are forbidden to go out in front of non-mahram men with their faces uncovered. 
Allaah says (interpretation of the meaning): 
“And when you ask (his wives) for anything you want, ask them from behind a screen”
[al-Ahzaab 33:53]
al-Qaadi Abu Bakr ibn al-‘Arabi al-Maaliki (may Allaah have mercy on him) said: 
The entire woman is ‘awrah, her body and her voice, so it is not permissible to uncover that except in cases of necessity, such as when testimony is given against her, or medical treatment, or asking her about her health issues. End quote. 
Ahkaam al-Qur’aan by Ibn al-‘Arabi (3/1578, 1579). 
Al-Qurtubi (may Allaah have mercy on him), who is also Maaliki, said: 
This verse indicates that Allaah has given permission to ask of them from behind a screen if there is some need, or when they ask a question about something. That includes all women. Because it is a basic shar’i principle that the entire woman is ‘awrah, her body and her voice – as stated above –it is not permissible to uncover that except in cases of necessity such as when testimony is given against her, or medical treatment, or asking her about her health issues. End quote. 
In al-Jaami’ li Ahkaam al-Qur’aan (14/227) it says: 
For more information on the views of Maaliki fuqaha’ concerning the obligation for women to cover their faces, see: al-Ma’yaar al-Mu’arrab by al-Wanshireesi (10/165 and 11/226 and 229), Mawaahib al-Jaleel by al-Hattaab (3/141), al-Dhakheerah by al-Quraafi (3/307) and Haashiyat al-Dasooqi ‘ala al-Sharh al-Kabeer (2/55). 
We have discussed this issue and its evidence in more than one answer on this site. Please see the answers to questions no. 11774, 12525, 13998, 21134 and 21536. 
Fourthly: 
With regard to what you mention about the laws in your country forbidding women to cover their faces, that is something that makes us feel very sad, to hear that covering and chastity are being opposed and wanton display and unveiling are being encouraged everywhere, especially when that happens in a country that is supposed to be Muslim. 
If the laws forbid women to cover, and you fear persecution because of covering your faces, then there is no sin on you if you do not do it in that case, so long as that is based on necessity. So a woman should not go out of her house with her face uncovered except in cases of necessity. If she can break the law and put up with a little bit of hassle, let her do so for there is no obedience to any created being if it involves disobedience towards the Creator. 
See also the answer to question no. 2198 and 45672. 
And Allaah knows best.

Praise be to Allah.The bankrupt (Muflis) is the one who has debts that are greater than the wealth he owns.
If the creditors ask the court to establish conservatorship (Hajr) and divide among them the wealth that the debtor has, the judge must respond to that.
Shaykh Salih Al-Fawzan (may Allah preserve him) said, explaining the rulings on conservatorship and bankruptcy:
“1. What is meant by conservatorship in Shari`ah is preventing a person from disposing of his wealth.
The evidence for that in the Quran is the verses in which Allah, may He be exalted, says (interpretation of the meaning):
{And do not give the weak-minded your property, which Allah has made a means of sustenance for you, but provide for them with it and clothe them and speak to them words of appropriate kindness.
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them.} [An-Nisa’ 4:5-6]
These two verses indicate that conservatorship should be imposed in the case of one who is weak-minded and the orphan to prevent them having access to their wealth, lest they mishandle it and lose it. The wealth should not be given to such a person until after it is established that he is mature and competent. The Prophet (blessings and peace of Allah be upon him) imposed conservatorship on some of the Companions for the purpose of ensuring that the debt they owed to people would be paid off .
2. Conservatorship is of two types:

The first type: conservatorship imposed on a person because he owes something to others, such as conservatorship imposed on a bankrupt person because of what he owes to his creditors.
The second type: conservatorship imposed on a person because that is in his best interests, lest he squander his wealth or mishandle it, such as conservatorship in the case of a minor, a weak-minded person and one who is insane.

In the first case, which is conservatorship imposed on a person because he owes something to others, what is meant in this case is conservatorship imposed on one who is bankrupt. The bankrupt person is one who owes a debt that has now become due, but the wealth that he has is not sufficient to pay it off. He should be prevented from disposing of his wealth, so that he does not harm the creditors.
As for the debtor who is in financial difficulty and is not able to pay off anything of his debt , he is not to be asked for it, and he should be given more time, because Allah, may He be Exalted, says (interpretation of the meaning):
{And if someone is in hardship, then [let there be] postponement until [a time of] ease.} [Al-Baqarah 2:280]
As for the one who is able to pay off his debt, it is not permissible to impose conservatorship on him, because there is no need for that. Rather he should be instructed to pay off his debt when the creditors ask him to do so, because the Prophet (blessings and peace of Allah be upon him) said: “For a rich man to delay repayment is wrongdoing.” In other words, if one who can afford it is taking too long to pay off his debt, he is wronging the creditors, because he is withholding payment that he is obliged to make to people who are entitled to it. So if he refuses to pay off his debts, he should be imprisoned. Shaykh Taqiy Ad-Din Ibn Taymiyah (may Allah have mercy on him) said: Whoever is able to pay off his debt but refuses to do so should be forced to pay it off by means of beating and imprisonment. This was stated by the leading scholars among the companions of Malik, Ahmad, Ash-Shafi`i and others. He said: And I do not know of any difference of scholarly opinion concerning that.
The Prophet (blessings and peace of Allah be upon him) said: “For a rich man to delay repayment is wrongdoing, and it is permissible to speak ill of him and punish him.” (Narrated by Ahmad, Abu Dawud and others)
What is meant by speaking ill of him is complaining about him, and what is meant by punishing him is detaining him. The one who takes too long to pay off what he owes deserves to be punished by detention or otherwise, and that should be done repeatedly until he pays off what he owes. If he persists in taking too long to pay his debt, then the judge should intervene to sell his property and pay off his debts from the proceeds, because the judge will be playing the role of the one who is refusing to pay. That will also serve the purpose of alleviating harm from the creditors. The Prophet (blessings and peace of Allah be upon him) said: “There should be neither harm nor reciprocating harm.”
3. From the above, it becomes clear that in the case of debt, there are two scenarios:

The first scenario: the debt has not yet become due. In this case, the debtor is not to be asked to pay it back until it becomes due, and he does not have to pay it before it becomes due. If the wealth he has is less than what he owes that has not yet become due, then he is not to be subjected to conservatorship because of that, and he is not to be prevented from disposing of his wealth.
The second scenario: the debt is now due. In that case, there are two possibilities:

The first possibility is that the wealth he has is greater than the debt he owes. In this case, he is not to be subjected to conservatorship regarding his wealth, but he should be instructed to pay off the debt if the creditor asks for it. If he refuses to do that, then he should be detained and punished until he pays off what he owes. If he puts up with detention and punishment, and refuses to pay off the debt, then the judge should intervene to pay off his debt from his wealth, selling whatever he needs to sell in order to do that.
The second possibility is that the wealth he has is less than the debt he owes. In this case, he should be subjected to conservatorship and prevented from disposing of his wealth, if he has creditors who ask for that, lest he harm them. That is because of the Hadith of Ka‘b ibn Malik (may Allah be pleased with him), according to which the Messenger of Allah (blessings and peace of Allah be upon him) imposed conservatorship on Mu‘adh (may Allah be pleased with him) and sold his property. Narrated by Ad-Daraqutni and by Al-Hakim, who classed it as authentic. Ibn As-Salah (may Allah have mercy on him) said: It is a proven Hadith. If he is subjected to conservatorship in this case, then that should be announced and it should be made known to people that conservatorship has been imposed on him, lest they be deceived by him and do business with him, then end up losing their wealth.
4. There are five rulings having to do with imposing conservatorship on someone.

The first ruling is that the rights of the creditors are connected to his wealth that existed before conservatorship was imposed and to any wealth that he acquired after it was imposed. So the wealth that he acquired later is subject to the conservatorship, just like the wealth that he owned before that. Thus he will have no authority to dispose of the wealth that he acquired after conservatorship was imposed in any way whatsoever. Even the wealth that he acquired before it was imposed cannot be disposed of in any way that harms his creditors.

Imam Ibn Al-Qayyim (may Allah have mercy on him) said:
If what he owes of debts is equal to or more than what he has of wealth, then any donation he makes is not valid if he donates it in a way that harms his creditors, regardless of whether the judge has imposed conservatorship on him or not. This is the view of Malik (may Allah have mercy on him) and it is the view favoured by our Shaykh – meaning Shaykh Al-Islam Ibn Taymiyah (may Allah have mercy on him). He said: And it is the correct view, and no other view is appropriate according to the general guidelines of the [Hanbali] Madhhab. In fact, this is in accordance with the teachings and general guidelines of Shari`ah, because the rights of the creditors are connected to his wealth, therefore the judge has the right to impose conservatorship on him. Were it not for the fact that the creditors’ rights are connected to his wealth, then the judge could not impose conservatorship on him. Therefore he is like one who is terminally ill; allowing this debtor to donate his wealth would mean that the creditors would lose what is rightfully theirs, and Shari`ah cannot approve of such a thing. Rather Shari`ah emphasises the importance of protecting the rights of those who have rights by all possible means, and bars any means that could lead to the loss of their rights. End quote.

The second ruling is that if someone finds his exact wealth with the debtor that he sold to him or loaned to him or rented to him before conservatorship was imposed on him, then he has the right to take it back from the one who is bankrupt, because the Prophet (blessings and peace of Allah be upon him) said: “Whoever finds his own goods with one who has become bankrupt, has more right to them [than other creditors].” (Al-Bukhari and Muslim). The jurists (may Allah have mercy on them) stipulated six conditions in order for the one who finds his property with one who is bankrupt and has had conservatorship imposed on him to take it back:

The bankrupt person should still be alive in order for him to take his property back from him, because of the report narrated by Abu Dawud  (may Allah have mercy on him), according to which the Prophet (blessings and peace of Allah be upon him) said: “If [the debtor] has died, then the owner of the goods becomes equal to all other creditors.”
The bankrupt person should still owe him the price in full. If the creditor has received anything of its price, he is not entitled to take back the goods.
The goods should be fully in the possession of the bankrupt person. If the creditor only finds some of them, he cannot take them back, because he has not found his exact property; rather he has only found some of it.
The goods should be in the same condition as when they were sold, and none of their characteristics should have changed.
The goods should not be connected to the rights of someone else, such as if the bankrupt person gave them in pledge as collateral, and the like.
The goods should not have increased in size, such as growing fat [in the case of livestock].

If all these conditions are fulfilled, then it is permissible for the owner of the goods to take them away, if it has become known that the one who has them has become bankrupt, because of the hadith quoted above.

The third ruling is that the creditors should stop demanding repayment from him after conservatorship is imposed on him, until after it is lifted. So whoever sells something to him or lends something to him during this period should ask him to pay him or return it after the conservatorship is lifted.
The fourth ruling is that the judge may sell his property and divide its price commensurate with the size of the debts that are currently due, because this is the purpose of imposing conservatorship on him. Delaying that is wronging the creditors. However, the judge should leave for the bankrupt person whatever he needs of shelter and sustenance, and so on.

As for any debt that is not yet due, it does not become due when the person declares bankruptcy, and that does not impact the currently-due debts, because the deferral of time for payment is the right of the bankrupt individual, and that right, like all others, cannot be waived. It remains something that the bankrupt person owes. Then after distributing his wealth to those creditors whose payment is currently due, once he has paid them off and none of those currently-due debts remain, the conservatorship should be lifted automatically, without any need for a judicial ruling, because the reason for it no longer applies. If he still owes anything of the debts that are currently due, then the conservatorship is not to be lifted from him except by a judicial ruling, because the judge is the one who ruled that he was to be subject to conservatorship, so he is the one who should rule that the conservatorship is to be lifted.” (Al-Mulakhkhas Al-Fiqhi  2/89-95)
If any debts remain unpaid, then they are still owed by the one who is bankrupt, until Allah, may He be Exalted, blesses him with wealth, whereupon he must repay these outstanding debts.
And Allah knows best.

Praise be to Allah.What to recite in Sunnahs of Fajr and Maghrib?
Yes, it is recommended to recite Surat al-Kafirun and Surat al-Ikhlas in the two Sunnah rak‘ahs of Fajr and Maghrib. This is proven in the sahih Sunnah of the Messenger of Allah (blessings and peace of Allah be upon him).
Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (blessings and peace of Allah be upon him) recited in the two Sunnah rak‘ahs of Fajr {Qul ya ayyuha’l-kafirun (Say, “O disbelievers)} [al-Kafirun 109] and {Qul huwa Allahu ahad (Say, He is Allah, [who is] One)} [al-Ikhlas 112].
Ibn ‘Umar (may Allah be pleased with him) said: I watched the Messenger of Allah (blessings and peace of Allah be upon him) twenty times reciting in the two rak‘ahs after Maghrib and in the two rak‘ahs before Fajr, {Qul ya ayyuha’l-kafirun (Say, “O disbelievers)} [al-Kafirun 109] and {Qul huwa Allahu ahad (Say, He is Allah, [who is] One)} [al-Ikhlas 112]. (Narrated by al-Nasai, 992)
An-Nawawi said in al-Majmu‘ (3/385): 
“Its isnad is jayyid. It was classed as sahih by al-Albani in as-Silsilah as-Sahihah (3328) and by Shaykh Ahmad Shakir in Tahqiq al-Musnad (8/89).”
Al-Mubarakfuri said in Tuhfat al-Ahwadhi (2/418):
“That is, in the first rak‘ah of each of them he would recite {Qul ya ayyuha’l-kafirun (Say, O disbelievers)} [al-Kafirun 109] and in the second {Qul huwa Allahu ahad (Say, He is Allah , [who is] One)} [al-Ikhlas 112].”
The scholars have stated that it is recommended to recite these two surahs in the Sunnah prayers of Fajr and Maghrib, in accordance with these hadiths. (See: al-Mughni (1/435); Mughni al-Muhtaj (1/464); al-Fatawa al-Fiqhiyyah al-Kubra (1/192); al-Mawsu‘ah al-Fiqhiyyah (27/159)
Why should we recite Surat al-Kafirun and Surat al-Ikhlas in Fajr and Maghrib Sunnah prayers?
With regard to the wisdom behind reciting these two surahs, that is because they include all three types of Tawhid . The surah {Qul huwa Allahu ahad (Say, He is Allah, [who is] One)} [al-Ikhlas 112] refers to tawhid ar-rububiyyah (oneness of divine Lordship ) and tawhid al-asma wa’s-sifat (oneness of the divine names and attributes ), for it affirms that Allah, may He be exalted, is one God and denies that He has any son, father or peer, and that in addition to that, He is as-Samad, in Whom are combined all attributes of perfection.
And the surah {Qul ya ayyuhu’l-kafirun (Say, O disbelievers)} [al-Kafirun 109] refers to tawhid al-‘ibadah (oneness of worship), which means that one should not worship anyone or anything except Allah, and should not associate anyone with Him in worship. Hence the Messenger (blessings and peace of Allah be upon him) used to start the day with them in the Sunnah prayer of Fajr , and he would end the day with them in the Sunnah prayer of Maghrib. In as-Sunan, it is narrated that he used to recite these surahs in Witr, so they were also a conclusion to the deeds of the night, just as they were a conclusion to the deeds of the day.” (This was stated by Ibn al-Qayyim in Badai‘ al-Fawaid, 1/145-146)
And Allah knows best.

Praise be to Allah.What is Shari`ah?
In linguistic terms, Shari`ah refers to a water source, which is the source to which people who want to drink come, so they drink from it and fill their buckets, and perhaps bring their animals to drink from it as well.
The Arabs do not call a water source Shari`ah unless the water is flowing without interruption, and is visible and can be seen. (Lisan al-‘Arab (8/175)
In Shar‘i terminology, Shari`ah refers to the entire religion (Islam), which Allah has chosen for His slaves to bring them forth thereby from the depths of darkness into the light. It is what He has prescribed for them and what He has explained to them of commands and prohibitions, halal and haram.
Whoever follows the Shari`ah of Allah, regarding as permissible (halal) that which He has permitted and regarding as forbidden (haram) that which He has prohibited, will triumph.
Whoever goes against the Shari`ah (laws) of Allah has exposed himself to divine vengeance, wrath and punishment.
Allah, may He be exalted, says (interpretation of the meaning):
“Then We put you, [O Muhammad], on an ordained way [Shari`ah] concerning the matter [of religion]; so follow it and do not follow the inclinations of those who do not know.” [al-Jathiyah 45:18]
What does Fiqh mean?
In linguistic terms, fiqh means understanding. It may be said that so-and-so has been given fiqh fi’d-din, meaning understanding of the religion. Another example is the du‘a of the Prophet (blessings and peace of Allah be upon him) for Ibn ‘Abbas: “Allahumma faqqihhu fi’d-din (O Allah, give him understanding of the religion).” (Narrated by al-Bukhari (143) and Muslim (2477)   (Tahdhib al-Lughah (5/263)
In Shar‘i terminology, fiqh refers to knowledge of the practical, minor Shar‘i rulings which are derived from detailed evidence and proof. Al-Mawsu‘ah al-Fiqhiyyah (1/13)
Ibn Hazm (may Allah have mercy on him) said:
“The definition of fiqh is: knowledge of the rulings of Shari`ah as derived from the Quran and the words of the one who was sent with it (the Prophet (blessings and peace of Allah be upon him)), for these rulings can only be taken from him.
What is implied by this definition is: knowledge of the rulings of the Quran, and what abrogates and what is abrogated of it (an-nasikh wa’l-mansukh); and knowledge of the rulings in the hadiths of the Messenger of Allah (blessings and peace of Allah be upon him), what abrogates and what is abrogated of it, and what is soundly narrated of it and what is not; and knowledge of the matters concerning which there was consensus among the scholars and what they differed about; and knowledge of how to refer differences of opinion to the Quran and Sunnah of the Messenger (blessings and peace of Allah be upon him). This is what is meant by having knowledge of the rulings of Shari`ah.” (Al-Ihkam fi Usul al-Ahkam (5/127)
Ibn Jibrin (may Allah have mercy on him) said:
“Fiqh is understanding of the texts, Quranic verses and hadiths, and knowing how to derive rulings from them.” (Sharh Akhsar al-Mukhtasarat (1/2)
What is Usul al-Fiqh?
The word asl (pl. usul) refers to the origin of a thing and what it is based on. Hence the father is the origin of the child, and the river is the origin of the channel. (Al-Misbah al-Munir (1/16)
Usul al-Fiqh is knowledge of Shar‘i evidence and the way in which that evidence is interpreted in order to reach a ruling, in general terms or in detail. (Sharh Mukhtasar ar-Rawdah (1/106)
Ibn ‘Uthaymin (may Allah have mercy on him) said:
“Usul al-Fiqh may be defined in two ways:

Firstly, on the basis of the two words that make up the phrase, namely the word usul and the word fiqh.

Usul is the plural of asl, which is the basis on which something else is built, such as the foundation of a wall (asl al-jidar), or the trunk of a tree (asl ash-shajarah) from which the branches stem. Allah, may He be exalted, says (interpretation of the meaning):
“Have you not considered how Allah presents an example, [making] a good word like a good tree, whose root [asl] is firmly fixed and its branches [high] in the sky?” [Ibrahim 14:24].
In linguistic terms, fiqh means understanding; in Shar‘i terminology it refers to knowledge of the practical Shar‘i rulings, with detailed evidence.
Knowledge may be definitive or speculative, because Shar‘i rulings may be either definitive (yaqini) or speculative (zanni), as is the case in many issues of fiqh.
What we mean by the Shar‘i rulings (conclusions) is the rulings that are learned from the Shar‘i texts, such as the obligations and prohibitions. That excludes rulings (conclusions) derived by means of reasoning, such as knowing that the whole is greater than its parts, or regular rulings (conclusions), such as knowing that dew will come down on a winter’s night if the sky is clear.
What we mean by practical is that which does not have to do with beliefs, such as prayer and zakah. That excludes anything that has to do with beliefs (‘aqidah), such as the Oneness of Allah (Tawhid) and knowledge of the divine names and attributes. Such topics are not called fiqh in Shar‘i terminology.
What we mean by detailed evidence is evidence of fiqh that has to do with detailed issues of fiqh. This excludes Usul al-Fiqh, because discussing issues of Usul al-Fiqh is done on the basis of the general evidence of fiqh.

Secondly, on the basis of the phrase (the two words together, Usul al-Fiqh) that forms the name of this branch of knowledge, it is defined as the branch of knowledge that deals with the general evidence of fiqh and how to make use of it, and the situation of the one who engages in this process (which is called ijtihad).

What we mean by general is the general principle, such as when the scholars said that a command means that something is obligatory, a prohibition means that something is haram, and the soundness of a report means that it has authority. This excludes detailed evidence, which is not discussed within the framework of Usul al-Fiqh except by way of explaining a general rule.
What we mean by how to benefit from it is knowing how to derive rulings from the evidence by studying what the words of the text mean, and whether the meaning is general or specific, applicable with no restrictions or subject to some restrictions, what abrogates and what is abrogated, and so on. This is done by understanding all of the evidence of fiqh from which rulings are derived.
What we mean by the situation of the one who engages in this process is trying to find out his situation (and whether he is qualified), because he is the one who is engaging in this process (ijtihad), as he himself derives rulings through his efforts based on the evidence, as he has reached the level of ijtihad (having the ability to work out rulings based on the evidence). Knowing the definition of the mujtahid, the conditions and rulings on ijtihad, and so on, are matters that are discussed in the field of Usul al-Fiqh.
The benefit of Usul al-Fiqh is that it enables a person to attain the ability to derive Shar‘i rulings from the evidence by means of a sound process.
The first one to write about Usul al-Fiqh as an independent branch of knowledge was Imam ash-Shafi‘i, Muhammad ibn Idris (may Allah have mercy on him); then he was followed in that by  scholars who wrote various books on this topic. End quote.” (Al-Usul fi ‘Ilm al-Usul (p. 7-9)  
And Allah knows best.

Praise be to Allah.Firstly:
Consensus (ijmaa‘) is one of the important sources of legislation that must be followed.
There are several definitions of consensus (ijmaa‘); the favoured view is that of as-Subki (may Allah have mercy on him), who defined it as follows: It is when there is unanimous agreement among the scholars of the ummah after the death of Muhammad (blessings and peace of Allah be upon him), during any era, on some particular matter.
End quote from Jam‘ al-Jaami‘, annotated by Wali ad-Deen al-‘Iraaqi, which is known also known as al-Ghayth al-Haami‘, p. 485
There is a great deal of definitive evidence from the Qur’an and Sunnah for the fact that consensus constitutes binding proof. We have explained some of it previously in the answer to question no. 201682 .
For example, Allah, may He be exalted, says (interpretation of the meaning):
“And whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers – We will give him what he has taken and drive him into Hell, and evil it is as a destination”
[an-Nisa’ 4:115].
Ibn Hazm (may Allah have mercy on him) said: Whoever goes against it – that is, consensus – after coming to know of it, or after proof has been established on the basis of consensus, is deserving of the warning mentioned in the verse.
End quote from Maraatib al-Ijmaa‘ by Ibn Hazm, p. 7.
Al-Qaadi Abu Ya‘la (may Allah have mercy on him) said: Consensus constitutes binding proof with which one should comply and it is haraam to go against it; it is not possible for the ummah to agree on error.
End quote from al-‘Uddah fi Usool al-Fiqh (4/1058).
Secondly:
We have not come across anyone who mentioned the first consensus that occurred in Islam, or the first one to narrate such a thing.
We have stated above that consensus is when the scholars agree on a particular issue after the death of the Prophet (blessings and peace of Allah be upon him).
However, during his lifetime (blessings and peace of Allah be upon him), consensus did not constitute proof.
Al-Aamidi (may Allah have mercy on him) said: The consensus of those who were alive at the time of revelation did not constitute proof at the time of revelation, according to consensus; rather consensus became binding proof after the death of the Prophet (blessings and peace of Allah be upon him).
End quote from al-Ahkaam by al-Aamidi (1/109).
Based on that, it may be said that the first consensus that occurred after the death of the Prophet (blessings and peace of Allah be upon him) was the consensus of the Sahaabah (may Allah be pleased with them) on the necessity of appointing a caliph, after the death of the Prophet (blessings and peace of Allah be upon him). Therefore the Muhaajireen and Ansaar met in the saqeefah of Banu Saa‘idah for that purpose, before the Prophet (blessings and peace of Allah be upon him) was buried, then they agreed to appoint Abu Bakr as-Siddeeq (may Allah be pleased with him) as caliph.
Among the first examples of consensus after that was the agreement of the Sahaabah on fighting the apostates, after some initial objection on the part of ‘Umar (may Allah be pleased with him), but then Allah opened his heart and caused him to feel at ease with the decision of Abu Bakr, and the Sahaabah agreed on that, without any dissent.
Imam Abu’l-Hasan al-Ash‘ari (may Allah have mercy on him) said: Allah, may He be glorified and exalted, praised the Muhaajireen and Ansaar, and the earliest Muslims; the Qur’an speaks highly of the Muhaajireen and Ansaar in many places, and praises those who were present at Bay‘at ar-Ridwaan [when the Muslims affirmed their allegiance to the Prophet (blessings and peace of Allah be upon him) at al-Hudaybiyyah]. Allah, may He be glorified and exalted, says (interpretation of the meaning):
“Certainly was Allah pleased with the believers when they pledged allegiance to you, [O Muhammad], under the tree”
[al-Fat-h 48:18].
These people whom Allah praised agreed to appoint Abu Bakr as-Siddeeq (may Allah be pleased with him) as their leader; they called him Khaleefat Rasool-Allah (the Successor to the Messenger of Allah (blessings and peace of Allah be upon him)), and swore allegiance to him, rallying behind him and affirming his virtue, for he was the best of the Sahaabah in the qualities that are required for a person to be a leader, such as knowledge, asceticism, wisdom, leadership abilities, and so on.
End quote from al-Ibaanah fi Usool ad-Diyaanah, p. 66
And he (may Allah have mercy on him) said: What confirms the fact that Abu Bakr’s appointment as caliph was based on a strong foundation is the fact that all the Muslims rallied behind him and accepted his leadership.… Later on, we see that ‘Ali and al-‘Abbaas swore allegiance to him and agreed to accept his leadership. Therefore his leadership, after the death of the Prophet (blessings and peace of Allah be upon him), was based on the consensus of the Muslims.
It is not appropriate for anyone to say that what was in the hearts of ‘Ali and al-‘Abbaas [concerning the appointment of Abu Bakr as caliph] was something other than what they showed. If that argument was valid, then it would be almost impossible to establish consensus. The same argument could be used with regard to any consensus of the Muslims, but that would lead to the invalidation of the idea of consensus as binding proof, because Allah, may He be glorified and exalted, has not obliged us to know what is hidden in people’s minds when it comes to the matter of consensus; rather He has obliged us to go by what people appear to be. Therefore consensus and agreement on the appointment of Abu Bakr as-Siddeeq as caliph did indeed occur.
End quote from al-Ibaanah, p. 66
Imam Abu ‘Uthmaan as-Saabooni (may Allah have mercy on him) said: The scholars of hadith confirmed the validity of Abu Bakr’s appointment as caliph after the death of the Messenger of Allah (blessings and peace of Allah be upon him), because he was chosen by the Sahaabah; they were unanimously agreed on that and they all said: The Messenger of Allah (blessings and peace of Allah be upon him) was pleased that he should lead us in our religious matters (prayers), therefore we are pleased for him to lead us in our worldly matters. In other words, the Prophet (blessings and peace of Allah be upon him) appointed him to lead the people in the obligatory prayers when he was sick, which is their religious affairs, so we accept him as the successor of the Messenger (blessings and peace of Allah be upon him) with regard to our worldly affairs.
When they said, The Messenger of Allah (blessings and peace of Allah be upon him) put you ahead of us, so how could we put you back? What they meant was: the Messenger of Allah (blessings and peace of Allah be upon him) put you ahead to lead us in prayer when he was sick, and we prayed behind you on his orders, so how could we put you back after he put you forward?
The Messenger of Allah (blessings and peace of Allah be upon him) spoke highly of Abu Bakr when he was alive, which indicated to the Sahaabah that he was the most deserving of being appointed caliph after him. Hence they agreed to rally behind him, and that was to their own benefit, and they gained honour and victory through him.
End quote from ‘Aqeedat as-Salaf wa As-haab al-Hadith, p. 290.
We shall mention here the story of how ‘Ali (may Allah be pleased with him) swore allegiance to Abu Bakr as-Siddeeq on the first day.
Ibn Katheer (may Allah have mercy on him) said: al-Haafiz Abu Bakr al-Bayhaqi said: Abu’l-Hasan ‘Ali ibn Muhammad ibn ‘Ali al-Haafiz al-Isfaraayeeni informed us: Abu ‘Ali al-Husayn ibn ‘Ali al-Haafiz told us: Abu Bakr Muhammad ibn Is-haaq ibn Khuzaymah and Ibraaheem ibn Abi Taalib told us: Bandaar ibn Bashaar told us: Abu Hishaam al-Makhzoomi told us: Wuhayb told us: Dawood ibn Abi Hind told us: Abu Nadrah told us, from Abu Sa‘eed al-Khudri, who said:
The Messenger of Allah (blessings and peace of Allah be upon him) passed away and the people, including Abu Bakr and ‘Umar, gathered in the house of Sa‘d ibn ‘Ubaadah.
The spokesman of the Ansaar stood up and said: Do you know that the Messenger of Allah (blessings and peace of Allah be upon him) was one of the Muhaajireen, and his successor is one of the Muhaajireen, and we are the Ansaar (helpers) of the Messenger of Allah (blessings and peace of Allah be upon him), and we will be the Ansaar (helpers) of his successor as we were his helpers?
‘Umar ibn al-Khattaab stood up and said Your spokesman has spoken the truth. If you had said something other than this, we would not have accepted that. And he took the hand of Abu Bakr and said: This is the right man, so swear allegiance to him. ‘Umar swore allegiance to him, and the Muhaajireen and Ansaar swore allegiance to him.
Then Abu Bakr ascended the minbar and looked at the people, and he did not see az-Zubayr.
So he called for az-Zubayr, and he came.
Abu Bakr said: (You are) the son of the paternal aunt of the Messenger of Allah (blessings and peace of Allah be upon him) and his disciple; do you want to cause division among the Muslims?
He said: There is nothing to worry about, O successor of the Messenger of Allah. Then he stood up and swore allegiance to him.
Then Abu Bakr looked at the people, and he did not see ‘Ali, so he called ‘Ali ibn Abi Taalib and he came.
Abu Bakr said: (You are) the son of the paternal uncle of the Messenger of Allah (blessings and peace of Allah be upon him) and his son-in-law; do you want to cause division among the Muslims?
He said: There is nothing to worry about, O successor of the Messenger of Allah. Then he stood up and swore allegiance to him.
Abu ‘Ali al-Haafiz said: I heard Muhammad ibn Is-haaq ibn Khuzaymah say: Muslim ibn al-Hajjaaj came to me and asked me about this hadith, so I wrote it down for him on a piece of paper and I read it to him. This hadith is worth a badanah (a valuable camel); indeed it is worth a badrah (sack of money)!
End quote from al-Bidaayah wa’n-Nihaayah by Ibn Katheer (5/269).
A badrah is a big sack full of money; it was said that it is one thousand or ten thousand dirhams, or seven thousand dinars.
Al-Mu‘jam al-Waseet (p. 43); al-Qaamoos al-Muheet (p. 444).
Then Ibn Katheer narrated a report about another oath of allegiance that ‘Ali swore after the death of Faatimah (ma y Allah be pleased with her). He said: This oath of allegiance that was sworn by ‘Ali (may Allah be pleased with him) to Abu Bakr (may Allah be pleased with him) after the death of Faatimah (may Allah be pleased with her) was in confirmation of the reconciliation between them and it was secondary to the oath of allegiance mentioned above, that was sworn on the day of as-saqeefah, as was narrated by Ibn Khuzaymah and classed as saheeh by Muslim ibn al-Hajjaaj. ‘Ali did not keep his distance from Abu Bakr, during these six months; rather he used to pray behind him, and he was present when Abu Bakr used to meet with some of the senior Sahaabah in order to seek their advice concerning some issues; he was also willing to ride with him on a campaign to Dhu’l-Qassah.
In Saheeh al-Bukhaari it says that Abu Bakr (may Allah be pleased with him) prayed ‘Asr a few days after the Messenger of Allah (blessings and peace of Allah be upon him) died, then he went out of the mosque and found al-Hasan ibn ‘Ali playing with some boys. He carried him on his shoulder and started saying: May my father be sacrificed for the one who looks like the Prophet and does not look like ‘Ali! And ‘Ali smiled (at this joke).
But when this second oath of allegiance occurred, some narrators thought that ‘Ali had not sworn allegiance (to Abu Bakr) before that, so they denied that (the first oath of allegiance) had happened. But if someone confirms that something happens, that takes precedence over the report of someone who says that it did not happen, as we have mentioned and explained above. And Allah knows best.
End quote from al-Bidaayah wa’n-Nihaayah (5/307)
And Allah knows best.