16. The Caliph and the female singer1
It is narrated from Hasan that he said: Umar bin Khattab sent for a female
singer, whose assemblies men attended. So Umar regarded it as crime and sent
someone in pursuit of that woman. They told her: Umar has summoned you,
reply to him.
On hearing this, she was extremely terrified and she said: “Woe upon me,
what has happened to him?” Then she set out to meet Umar, but due to excess of
trepidation, she developed premature labor pains and she entered a house and
delivered an immature infant, which cried for sometime then died.
Umar was informed of this and he sought the counsel of companions in this
matter. Some suggested that Umar was not liable to any penalty. Indeed, you are
the guide, teacher and trainer. Ali (a.s.) for silent during this. Umar turned to him
and asked: “Ali, what is your opinion concerning this?”
Ali (a.s.) replied: “If they delivered a judgment according to their personal
opinion, indeed their opinion is an error. And if they expressed their view to
please you, know that they were not concerned for you and did not offer good
advice to you. My view is that the blood money of that child is your
responsibility; because you terrified that woman and she aborted the child on the
way.”
Umar said: “Distribute the blood money of that child among Quraish.” That
is recover the blood money from Quraish: since Umar is from Quraish and the
mistake was from him. [and blood money of murder by mistake is upon the sane
killer; that is the paternal relatives.]
Another instance
Umar summoned a pregnant fornicator woman in order to question her. Due
to terror she aborted the child she was carrying. After that Umar asked the
companions of Prophet to present their views about it. They said: “O Umar, you
have no liability and you are only a punisher.”
But Ali (a.s.) said: “If they are fearful of you, indeed they deceive you and if
they give this opinion seriously, they are making a mistake. It is obligatory on
you to free a slave.”
Thus Umar and companions acted according to the verdict of Ali (a.s.).
Allamah Amini says: What kind of a Caliph is this, who does not have any
beneficial knowledge in the religion of God, so that it may save him from being
thrown into a ditch, does it prevent him from inappropriate adjudication?
With what justification did he rely on the views of people in every easy and difficult problem in Islamic laws, even to the extent of important issues, like
sexual relations and blood monies? And those people, due to his fear, deceived
him and even their guesses were wrong.
17. Condemning the rape victim
It is narrated from Abdur Rahman Salmi that a woman was brought to Umar,
who had been extremely weak due to thirst and in that condition she met a
shepherd and asked him for a drink of water. The shepherd refused to give water
to her unless she submitted to him sexually.
The woman was helpless and she agreed. The Caliph sought the counsel of
companions regarding this. Ali (a.s.) said: “She was under compulsion and in my
view, you must free her, without penalizing her in any way.” So, the Caliph freed
her.2
Explanation
They brought to Umar bin Khattab, a woman accused of fornication and she
had also confessed to the crime. Umar sentenced her to be stoned to death.
Ali (a.s.) said: “She might have an excuse.” Then he asked her: “What
impelled you to fornicate?”
She replied: “I was traveling with a companion, who had water and milk in
his litter, whereas I did not have anything. I was extremely thirsty, so I asked him
for a drink of water. He refused to give water unless I allowed him sexual favors.
I pleaded to him three times, but he did not relent. When I was overpowered by
thirst and feared for my life, I surrendered to him. Then he gave me water.”
Ali (a.s.) said in the position of adjudication: God is the greatest:
وَهُدُوٓا۟ إِلَى ٱلطَّيِّبِ مِنَ ٱلْقَوْلِ وَهُدُوٓا۟ إِلَىٰ صِرَٰطِ ٱلْحَمِيدِ (٢٤)
“But whoever is driven to necessity, not desiring, nor exceeding
the limit, no sin shall be upon him; surely Allah is Forgiving,
Merciful.”3
Allamah Amini says: Alas, if the Caliph knew something about Quran and
Sunnah he would have given rulings according to command of Almighty Allah.
Alas, if I only knew that if Ali Ameerul Momineen (a.s.) had not been
present in the Ummah and if he had not corrected their deviation, what would
have befallen him, and where the consequences of this wrong rulings would have
taken him?
How true was his confession: “If Ali hadn’t been there, Umar would have
perished.”