Hafiz Darqutni and Hafiz Ibne Asakir1 have narrated that:
“Two men came to Umar and inquired about the divorce of slave girl. Umar
arose from there till he came to the Masjid, where a man, bald from the front was
present. Umar asked: O bald one, what is your opinion regarding divorce of slave
maid? He raised his head and gestured with his index and middle finger. So, he
told those two men: Two divorces. One of them remarked: Great! We came to
you as you were chief of believers; but you brought us to a man and asked him
and were satisfied with his gesture…till the end.”2
13. If Ali hadn’t been there, Umar would have perished
They brought to Umar, a woman who had confessed that she became
pregnant through fornication and Umar ordered her to be stoned to death. Ali
(a.s.) learnt of this and asked: “What is the story of this woman?”
They replied: “Umar has ordered her to be stoned to death.”
Ali (a.s.) sent her away and said: “You have the discretion to punish her, but
what power do you have on the unborn child? Perhaps her confession was
forced.”
Umar said: “It was like this.” Ali (a.s.) said: “Have you not heard that
Messenger of Allah (s.a.w.a.) said: There is no penalty who confesses after
torture? And confession is not acceptable from one, who is chained and
imprisoned. Or one who is threatened.”
Umar released that woman and remarked: “Women are helpless to give birth
to the like of Ali Ibne Abi Talib (a.s.). If Ali had not been there, Umar would
have perished.”3
14. The Caliph’s ignorance about the Sunnah
Ibne Mubarak has narrated from Ashath from Shobi from Masruq that:
Umar learnt that a man from the Thaqif had married a girl from Quraish, while
she was during her waiting period. So Umar sent a messenger to that woman and
had the couple separated and punished them and said to that man: Don’t marry
this woman at all. [she has become unlawful for you forever] and he seized the
dower of that woman and placed it in the Public Treasury.
This matter became public. When it came to the notice of Imam Ali (a.s.), he
said: “May God forgive the chief of believers; how can he seize the dower and
place it in Public Treasury?” This couple married in unawareness and the
recourse was not as Umar acted. The imam should allow them to reconcile
according to the Sunnah.
His Eminence was asked: “O Ali, how did you arrive at the solution?” He
replied: “The dower is related to amount that woman takes from the man; and
they should separate from each other. Since they were unaware, they cannot be
punished. The woman should complete the waiting period of her previous
husband and also complete the waiting period of this husband. Then this man can
propose to her.”
When Umar came to know about the verdict of Ameerul Momineen (a.s.),
he said: “O people, you should refer to the Sunnah, when you don’t know the
solution to some problem.”4
Allamah Amini says: What was the justification of the Caliph in lashing
them? And why did he seize the dower from the woman? Under the authority of
which verse or traditional report did he deposit the dower in Public Treasury and
considered it Sadaqah? Why he declared the partners as unlawful to each other
forever ?
I don’t know:
فَسۡـَٔلُوٓاْ أَهۡلَ ٱلذِّكۡرِ إِن كُنتُمۡ لَا تَعۡلَمُونَ (٤٣)
“So ask the followers of the Reminder if you do not know.”5
Alas, if the Caliph had not forgotten himself and before adjudicating the
matter against Quran and Sunnah, had acted according to his words: “Turn back
the ignorant to the Sunnah.”
15. Deduction of Caliph regarding the grandfather
In his Sunan, Darami6 has narrated from Shobi that the first grandfather,
who got inheritance, was Umar, as he obtained all the property. At that time Ali
(a.s.) and Zaid objected to him saying that all of it was not his share as he should
inherit like one of the two brothers (which is the second rank of inheritance).
It is narrated from Saeed bin Musayyab that Umar said: I asked the
Messenger of Allah (s.a.w.a.) about inheritance of grandfather. The Prophet
(s.a.w.a.) said: “Why do you ask me about this again and again, I am afraid that
you would die, before you know this.” Saeed bin Musayyab said: “Umar died
before he could understand this issue.”7
In Sunanul Kubra,8 Baihaqi has also narrated from Ubaidah: “I remember a
hundred incidents about Umar, in which he committed errors regarding
inheritance of grandfather.”
In Sharh Nahjul Balagha,9 Ibne Abil Hadeed says:
Umar often delivered a judgment and after that contradicted himself and
delivered a verdict against it. Regarding inheritance of grandfather with the
brother he issued varied laws, then he feared delivering a judgment regarding this
and said:
“One who wants to fall into the pit of Hell should express his personal
opinion regarding inheritance of grandfather.”
Allamah Amini says: I don’t know how it is lawful for the Caliph of
Muslims to be ignorant regarding something, which Holy Prophet (s.a.w.a.) had
explained; and that too to such an extent that his ignorance made him contradict!
Whereas in view of the author of Washiya, he was during his time, the most learned among companions of Prophet!