It is narrated from Huzaifah bin Usaid that:
“Abu Bakr and Umar, fearing that lest the sacrifice should be attributed to
someone else, did not offer sacrifice from their families; but my family learnt
about Sunnah of Prophet (s.a.w.a.) and compelled me to take the trouble to
present sacrifice from their side.”3
Shafei says in his Al-Umm:4
“It has reached us that Abu Bakr and Umar refrained from sacrificing, lest
people follow them thinking that it was obligatory.”
“It is narrated from Shobi that Abu Bakr and Umar participated in rituals of
Hajj, but did not slaughter animals.”5
Allamah Amini says: Were those two aware of a command about which the
Prophet was unaware? And [due to unawareness], he gave sacrifice and also
ordered others to do so and encouraged them for it? And whether the point that: It
is possible that people imagined this act to be obligatory, remained concealed
from the Prophet and those two were aware of that?!
Or that they were more kind on the people than the Prophet? And they
wanted that people should not fall into trouble to pay for the cost of sacrifice? Or
that those two feared that a heresy would be formed in religion and people would
regard it as obligatory?
But all these reasonings are invalid: because the Messenger of Allah
(s.a.w.a.), when he ordered the giving of sacrifice, he also mentioned the absence
of its incumbency and his companions also understood and they acted according
on this basis. The companions of companions received this command in the same
way; and this issue exists in its originality as the Prophet stated and acted. If the belief of Abu Bakr and Umar is correct, all recommended acts would have to be
given up.
Is it justified to forsake a practice of Prophet fearing that people would come
to regard it as incumbent? Because the Sunnah belongs to him and the religion is
one, which he has brought. And there is nothing in his statements, which can
justify such a conduct. Then why these two, who call themselves Caliphs of
Messenger of Allah (s.a.w.a.), have not acted like him?
More amazing is the fact that the second Caliph, fearing that people would
regard it as incumbent, opposed the proven Sunnah of Prophet. On the other
hand, he has innovated so many practices, which have no basis at all. Like Zakat
on horses, Tarawih prayer and hundreds of other heresies; and in any of these, he
neither had fear, nor hesitation or consideration.
33. Viewpoint of Caliph regarding puberty
Abu Malika says: Umar wrote to the people of Iraq regarding the boy, who
committed theft; that his height should be measured; and if it was six spans, his
hand should be amputed. So they measured his height and it came to be one
finger less; so they freed him.1
Allamah Amini says: The signs of puberty according to authentic traditions
of Prophet, is ejaculation. Thus, His Eminence (s.a.w.a.) says regarding persons,
who are exempted: The youth, before they have ejaculation or hair growth in
pubic region or reaching specified age as is mentioned in Saheeh books from
Abdullah bin Umar.2 There is no fourth sign of puberty. As for measuring the
height of the boy; it is an innovation of Caliph and that’s all and he was himself
aware of his caliber.
34. Reducing the penalty
It is narrated from Abu Rafe that they brought a drunkard to Umar. Umar
said:
“I am sending you to a person, who would be severe with you and he will
not leave you easily.”
Then he sent him to Muti bin Aswad Adawi and said: Apply the punishment
on him tomorrow morning. The following morning when Muti was busy in
carrying out the orders Umar arrived and saw that he was lashing hard.
Umar said: “You have almost killed him. How many lashes have you
delivered so far?”
“Sixty,” he replied.
Umar said: “Reduce twenty lashes (from eighty).”
Abu Ubaidah says: It means that the severity of lashes was considered in lieu of the remaining twenty lashes.3
Allamah Amini says: Ponder well upon his conduct and you will see how
he modifies orders. When the penalty for drinking wine, which according to Ahle
Sunnat is forty lashes, he increases to eighty lashes4 and when his heart was
moved for the accused, he reduced twenty lashes and that also after handing him
over to a man, who was cruel and merciless and about whose ferocity he was
aware.
It is remarkable that he later compensated the ferocity with reduction in
number of lashes. Now, all this is beyond commands of Allah and Sunnah of
Prophet.
It is mentioned in traditions that:
On Judgment Day, a person will brought, who had given more lashes than
legal punishment prescribed for a crime. Almighty Allah would ask: “Why did
you give more lashes than prescribed?”
He will say: “My Lord, I was enraged on him for Your sake.”
Allah would ask: “Does your rage surpass Mine?”
In case, he reduced punishment, Allah would ask: “Why did you punish less
than what was prescribed?”
He would say: “I had pity on the accused.”
Allah would ask him: “Does your mercy surpass Mine?”
This report contains a number of views, which scholars of traditions have
discussed in detail.5