Baihaqi in Sunanul Kubra,1 through his chains of narrators has narrated from
Abu Ubaidah that:
Uthman sent someone to Ubayy to ask him about the man, who has divorced
his wife, later he reconciled with her when the female had entered the third
menstruation. Ubayy said: In my view, as long as the woman does not take bath
after the third cycle and prayer has not become lawful for her, the man has the
right to reconcile. The narrator says: I did not see Uthman, but that he obtained
this verdict and accepted it.
Allamah Amini says: There is clear traditional report is that the Caliph was
ignorant of this rule till he learnt it from Ubayy and acted according to it.
Doubtlessly, one, who taught him this rule was better than him; then why he
didn’t leave this post to him or someone like him? And the most superior in
knowledge was Ali (a.s.).
If he had left this matter to someone, who does not ask anyone in every legal
problem, indeed he would have entered the city of knowledge through its gate.
And the statement of Aini in Umdatul Qari,2 regarding the extent of
knowledge of the Caliph is sufficient; he writes:
“Indeed, Umar was the more intelligent and wiser than Uthman.”
We have already informed you3 about the knowledge of Umar and listed
masterpieces of his knowledge; so you may check what you have seen.
11. The Caliph made reservations for himself and his relatives
Indeed, Islam has distributed equally the grass, which grows by rain and
which does not have any particular owner, among all Muslims, as in case of
things, which are lawful like the vast deserts and surroundings of dry lands also.
So that quadrupeds, camels and horses, graze there without any restriction, and
no one can deem them to be his agricultural land and bar people from there. The
Messenger of Allah (s.a.w.a.) said:
“Muslims are partners in three things: on grasslands, water and fire.”
Also: “One, who forbids from excess of water, so that through it, he may
prohibit excess of grasses, Almighty Allah would debar him from His grace on
Judgment Day.”4
Yes, during the period of Ignorance, the elders of community used to reserve
tracts of lands for grazing their cows, sheep and camels, and no one was allowed
to share those lands with them; but they shared lands of others, and this was
arrogance during those times. Messenger of Allah (s.a.w.a.) banned and abolished
the habits and customs of tyrants and said: “There is no reservation, except for
God and His Messenger.”5
This rule was having consensus till Uthman became the Caliph; and other
than Sadaqah camels, he made reservation for himself, as is mentioned in Ansab
of Balazari6 and Seeratul Halabiyya; 7 or reserved it for himself and Hakam bin
Abi Aas as is mentioned in the report of Waqidi.
Or he reserved it from himself, Hakam and all Bani Umayyah people, as is
mentioned in Sharh Ibne Abil Hadid, 8 he writes:
“Uthman prohibited all pastures on the outskirts of Medina from the
quadrupeds of Muslims, except those Bani Umayyah.”
One of the defects that Muslims saw in Uthman was this only, and Ayesha
chose it among his defects when she said:
“We found him culpable for reserving pasture lands and for whipping with
lash and staff, and people crowded upon him as a garment is squeezed.9
Ibne Manzur has written under explanation of tradition:
People are joint owners of lands, which are irrigated by rain and which do
not belong to anyone in particular and due to this they picked fault in him.
What is the reason for reserving pastures for the Caliph? It was only a
revival of customs of ancient period of ignorance, which Prophet of Islam
(s.a.w.a.) had destroyed and made Muslims joint owners in pasture lands and
said:
“God hates three things and one who revives the customs of the period of
ignorance in Islam,10 is regarded to be among them.”
It was obligatory on this man to preserve the practice of Messenger of Allah
(s.a.w.a.) and not to revive practice of period of Ignorance.
فَلَنْ تَجِدَ لِسُنَّتِ اللهِ تَبْدِيلًا وَلَنْ تَجِدَ لِسُنَّتِ اللهِ تَحْوِيلًا
“For you shall not find any alteration in the course of Allah; and
you shall not find any change in the course of Allah.”11