Also, you will see that the Caliph, like his brother – Umar – was unaware of
the meaning of ‘Kalala’ in the verse of ‘summer’ [verse revealed in summer] at the end of Surah Nisa:1
ۚيَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَـٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌۭ وَلَهُۥٓ أُخْتٌۭ فَلَهَا نِصْفُ مَا تَرَكَ
“They ask you for a decision of the law. Say: Allah gives you a
decision concerning the person who has neither parents nor
offspring; if a man dies (and) he has no son and he has a sister,
she shall have half of what he leaves…”2
Scholars of traditions through correct chains of narrators, all of whose
reporters are trustworthy, have narrated from Shobi that Abu Bakr was asked
regarding Kalala; he said
“I will express my view regarding this; if it is correct it is from Almighty
Allah and if it is wrong, it is from me and Shaitan, and Allah and His Messenger
are immune from that. In my view, Kalala (an heir) is other than father and son.”
When Umar became the Caliph, he said: “I am ashamed from Allah to reject
something, which Abu Bakr said.”
This report is narrated by Saeed bin Mansur, Abdur Razzaq, Ibne Abi
Shaibah, Darami in his Sunan, Ibne Jarir Tabari in his Tafseer.3
Allamah Amini says: This is the second opinion of Abu Bakr, because in
the beginning he says:
“Kalala is especially one, who has no son.”
Umar was also of the same view, then they expressed the second viewpoint4
and after created controversy in its meaning.
I don’t know where was that severe precaution, which the first Caliph
exercised in the meaning of ‘Abb’? And which sky shaded him and which earth
bore his weight? And where did it go when he expressed a view in the religion of
Allah about whose correctness or incorrectness he was unaware and he did not
know whether it was from the side of God, or from his own side and that of
Shaitan?
And how the verse of Kalala – remained unknown to him, while – as was
mentioned before5 -the Messenger of Allah (s.a.w.a.) regarded this same verse to
be sufficient for recognizing Kalala? And how the verse of:
فَسْـَٔلُوٓا۟ أَهْلَ ٱلذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ (٤٣)
“So ask the followers of the Reminder if you do not know.”6
…remained concealed from him? And why he did not ask them and did not
pay attention to the ‘folks of reminder’ in spite of the fact that he definitely knew
of their identity?
As if divine commands are not restricted, on the contrary they depend on
share, and every person and everyone having a view is same. If these dreams
were correct, whenever anyone is asked about Quran and Sunnah, he would issue
a verdict on the basis of his personal view and say:
“If it is correct, it is from Almighty Allah and if it is a mistake it is from me
and Shaitan.”
Yes, verdicts on the basis of independent judgment (Ijtihad) require audacity
on God and His Messenger and it is not possible for everyone and is only for a
few special persons; as if this is the meaning of independent judgment (Ijtihad)
among Ahle Sunnat and not deriving commands from detailed reasonings, which
have come in Quran and Sunnah
That is why they regard them to be jurists in the religion of Allah, who
interpret views deviated from Islamic commands and the true path, and having
divine rewards in those numerous injustices and oppressions; persons like: Abdur
Rahman bin Muljim, killer of Ameerul Momineen (a.s.).7
Abul Ghadiya, killer of the great companion, Ammar bin Yasir (r).8
Muawiyah bin Abu Sufyan, killer of thousands of religious and pious persons.9
Amr bin Nabigha, that sinful man, son of the sinful one.10
Khalid bin Walid, unjust killer of Malik and fornicator with his wife.11
And Talha and Zubair, who staged an uprising against the rightful Imam, whose Imamate was proved through declaration of Prophet and selection of Ummah.12
And Yazid, the drunkard and tyrant, who created numerous turmoils in history.13
Ibne Hajar has written in Isabah:14
“Husne Zann15 about those companions in battles is that their acts should be justified and the jurist who commits a mistake is eligible for divine rewards. If this is proved for ordinary persons, then it will apply to companions as well with more emphasis.”