The time limit allowed for the Muslims to appoint a Khaleefah is three days, including their nights. It is forbidden for a Muslim to spend more than three nights without having a Bay’ah on his neck. As for allowing a maximum of three nights, this is because appointing a Khaleefah becomes compulsory from the very moment the former Khaleefah dies or is removed. However, it is allowed to delay the appointment as long as the Muslims are involved with the task at hand for three days, including their nights. If the limit exceeds three nights and a Khaleefah is not appointed by that time the matter should be examined: If the Muslims were involved in the appointment of a Khaleefah and failed to do so within three nights for compelling reasons beyond their control and ability, then the sin would fall from their necks. This is because they were endeavouring in their task to perform this duty and were compelled against their will to delay the execution of that duty. Ibn Habban and Ibn Majah narrated from Ibn ‘Abbas, He said: “The Messenger of Allah (pbuh) said,

‘Allah had forgiven my Ummah for the mistake and forgetfulness and that which they were compelled to do.’” But if they were not involved in the task, they would all be sinful until such time that a Khaleefah was appointed. Only then would the sin fall from their necks. As for the sin they had committed by neglecting the duty of appointing a Khaleefah this would not fall from them. It rather remains, and Allah (swt) would punish them as He would punish for any sin committed by a Muslim for not performing a duty.

As for the evidence of the obligation of the immediate involvement in the Bay’ah of the Khaleefah once the post of Khilafah becomes vacant is that the Sahabah had undertook that in the Saqeefah of Bani Saa’idah after the death of the Messenger (pbuh), in the same day and before his burial. The Bay’ah of cotract to Abu Bakr took place in the same day, and then in the next day, they gathered the people in the Masjid to give Abu Bakr the Bay’ah of obedience.

With regards to the time limit of three days and two nights which Muslims are given to appoint the Khaleefah, this is because when ‘Umar felt that his death was imminent He delegated the people of the Shura to appoint a Khaleefah giving them a time limit of three days and instructing them to kill anyone who disagreed with the group once the three days had lapsed. He assigned the execution of such instruction, i.e. killing the one who might disagree, to fifty people from the Muslims despite the fact that the group was of the Shura people and the senior Sahabah. This took place in the presence of the Sahabah and no one has objected or condemned such instruction. This became a general consensus of the Sahabah stating that it is forbidden for Muslims to remain without a Khaleefah for more than three days including their nights. The consensus of the Sahabah is Shar’ai evidence just like the Book and the Sunnah.

Al-Bukhari reported from Al-Miswar ibn Makhrama, He said; “Abdur Rahman ibn ‘Awf knocked at my door after a slumber in the night, so He knocked on the door till I awoke. He said; ‘I see you sleeping. By Allah, I did not enjoy (was not able to have) enough sleep in these three (nights).’ When the people prayed the Subh, the Bay’ah was concluded.”