In his book of Al-Fisal1, he says regarding a jurist (Mujtahid):
“Abu Ghadiya, Yasar bin Sabah Salmi eliminated Ammaar (r.a.). Ammaar
was present at the allegiance of Rizwan. He was of those, about whom Almighty
Allah has informed that their hearts were informed and who had peace and
contentment of the heart and from whom He was satisfied. Abu Ghadiya
eliminated him according to independent judgment (Ijtehaad); though he
committed a mistake and excess, but since he made mistake in independent
judgment (Ijtehaad), only one reward will be given to him.
But Abu Ghadiya was not like the killers of Uthman, because killers of
Uthman did not dare to exercise independent judgment (Ijtehaad), because
neither had Uthman killed anyone, nor was he at war and neither. He was a
defender nor an attacker and neither he had committed adultery, neither was he
apostate, that fighting against him should be justified. On the contrary those
people were transgressors, attackers and shedders of blood, who unjustly,
deliberately and knowingly shed his blood and they were sinners and accursed
people.”
I failed to find the meaning of independent judgment (Ijtehaad) of Abu
Ghadiya, who was among the nameless and unknown people of the world and
among the degraded people of society and backward persons of the time of the
Prophet.
Nothing is mentioned about him, except for the term of ‘Juhni’ and in no
book is its meaning mentioned, which would be an indication of his independent
judgment (Ijtehaad). And except for quoting the statement of the Messenger of
Allah (s.a.w.a.) that: “Your blood and property is unlawful,” And also: Lest you
apostasies after me and kill each other,” nothing from divine knowledge is quoted
from him!
And companions of the Messenger of Allah (s.a.w.a.) were also astonished
at him that how having heard this from the Messenger of Allah (s.a.w.a.), he
killed Ammaar.2 No senior religious personality till the period of Ibne Hazm has
used word of independent judgment (Ijtehaad) for Abu Ghadiya.
Moreover, I don’t know what is the meaning of independent judgment
(Ijtehaad) contradicting the statement of Holy Prophet (s.a.w.a.)?
According to authentic, proved and widely narrated traditional reports, he
said:3 A rebellious group shall kill you. In other words: People, who have gone
astray shall kill you. Although this same report, also, does not leave any scope for
independent judgment (Ijtehaad) or justification for his killing; because his killer, in every way that he justifies, it is deviated from truth. And we also don’t
recognize the independent judgment (Ijtehaad), which makes aggression and
excess lawful, when a healthy sense regards it as evil and it is not having any
support in divine religion as well.
Even though Muawiyah, when Abdullah bin Umar narrated the tradition for
him and Amr Aas addressed him saying: O Muawiyah, did you not hear the
statement of Abdullah? Muawiyah justified his crime saying: “You are a senile
old man, you always recite this tradition, while you bath in your urine; but we
killed him (no, we did not kill him) on the contrary, Ali and his companions
killed him, who brought him to the battlefield and threw him to our spears.]4.
Also his statement: “You instigated the people of Shaam against us, but do
you have to mention every statement you heard from the Prophet?”5
Also, I don’t imply the report of Tibrani from Ibne Masud from the
Messenger of Allah (s.a.w.a.) that he said:
“Whenever dispute occurs between people, the son of Sumayyah (Ammaar), shall be on the side of truth.”6
Although this tradition does not leave any scope for argument and debate,
because on the basis of this traditional report, opposition to Ammaar is, without
any doubt, falsehood and after this clear report, no independent judgment
(Ijtehaad) will be found that may justify the acts of the companions of falsehood
against the companions of truth.
Yes, I do not imply this tradition; I imply what Hakeem in Mustadrak7 and Dhahabi in his Talkhis, through his chains, from Amr Aas and certified its authenticity.
Amr Aas says: “I heard the Holy Prophet (s.a.w.a.) say: O God, I have
chosen Ammaar from Quraish (especially); indeed one, who kills Ammaar and
raids his property, is in Hell fire.”
Also, a tradition mentioned in Tarteebul Jama8 through the chains of Ibne Asakir,9 which he has quoted from Musnad Ali (a.s.):
“Indeed Ammaar is with truth and truth is with Ammaar and wherever truth goes, Ammaar is with truth and the killer of Ammaar is in Hell fire.”
And a tradition, which Ahmad has mentioned in Musnad,10 through his chains of narrators in the following words:
“Allah, the Mighty and Sublime will be inimical to one, who is inimical to Ammaar and Allah, the Mighty and Sublime will be infuriated with, one who hates Ammaar and Allah, the Mighty and Sublime will curse those, who curse Ammaar.”