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The Prophetic Constitution of Madinah by Dr Muhammad Al-Massari

2.1 The Text of the Sahifah of Al-Madinah

The following came stated in “As-Seera An-Nabawiyah” of Ibn Hisham, which is well known by the name “Seera Ibn Hisham” (1/501): Ibn Ishaq stated:

“The Messenger of Allah (peace be upon him) wrote a written document between the Muhajirin (emigrants) and the Ansar (helpers) and within it he made a peace agreement (Muwada’ah) and treaty (Mu’ahadah) with the Jews and affirmed their right to practise their religion and over their properties, and made conditions for them and stipulations upon them:

“In the name of Allah, Ar-Rahman Ar-Rahim.

This is a document from Muhammad, the Prophet (peace be upon him), between the Muslims and believers from Quraish and Yathrib, and those who followed them, joined with them and strove alongside them, that they are one single Ummah (nation) to the exclusion of all the people.

The Muhajirun of the Quraish are upon their standard practise responsible for dealing with their cases of blood money among them. And they ransom their captives on a reasonable fair basis and according to justice among the believers.

Banu ‘Auf are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Sa’idah are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Al-Harith are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Jusham are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu An-Najjar are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu ‘Amr bin ‘Awf are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers.Banu An-Nabit are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Aws are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers.

Verily, the believers shall not leave any indebted person from among them without him being provided for, on a fair and reasonable basis, in respect to ransom or blood money. A believer shall not enter into alliance with the Mawla (freed slave who maintains loyalty or a client) of a believer without the latter’s consent. The believers and God-fearing stand together against the one who rebels or seeks to insert injustice, crime, aggression or corruption among the believers. Their hands are all united against him, even if he was the son of one of them.

A believer shall not kill another believer for the sake of a disbeliever. He shall not support a disbeliever against a believer. The protection of Allah is one and its extension upon the least of them is applied to all of them. The believers are allies and protectors of one another to the exclusion of the people.

Whoever from the Jews follows us; receives support and assistance. They are not wronged and support is not provided to others against them.

The peace of the believers is one. No peace is made by a Muslim separate to another Muslim in the fighting in the way of Allah, except upon the basis of mutual even handedness and justice. In respect to every military attachment that goes out with us, it will be followed one after the other. The believers will retaliate for the blood of one another [that is shed] in the way of Allah.

The God-fearing believers are upon the best and most correct guidance. No polytheist shall protect a property or person belonging to Quraysh; nor shall he protect him against a believer. Whomever it has been established by evidence that he has killed a believer (without right), then he is subject to retaliation unless the blood heir of the one killed is satisfied (i.e. with blood money). The believers must stand against him altogether and it is not permissible for them except to stand against him. It is not permissible for a believer who affirms what is stated in this document and believes in Allah and the last day, to provide assistance or shelter to a criminal. And whoever helps or shelters him, will have the curse and anger of Allah upon him on the Day of Judgement. Nothing will then be accepted from him.

Whatever you have differed upon in any matter, then it must be referred to Allah ‘Azza Wa Jalla and to Muhammad (peace be upon him).

The Jews shall share in the spending with the believers when they are in a state of war.

The Jews of the Banu ‘Awf, their allies and themselves, are an Ummah (collective) alongside the believers. The Jews have their Deen (religion) and the believers have their Deen, except for the one who transgresses (commits injustice) and commits a sin (crime), as he will only be hurting himself and his household. The same applies to the Jews of Banu An-Najjar that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Al-Harith that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Sa’idah that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Jusham that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Al-Aws that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Tha’laba that applies to the Jews of Banu ‘Awf, except for the one who transgresses (commits injustice) and commits a sin (crime), as he will only be hurting himself and his household. Jafnah are only a clan of Tha‘labah and hence they are like them. And the same applies to Banu Ash-Shatna that applies to the Jews of Banu ‘Awf. Good and upright conduct is demanded and not bad or criminal conduct (i.e. from the parties of the Sahifa). The allies of Tha’labah are like them. And the close or intimate friends/associates of the Jews are like them.

None from among them shall go out [to war] without the permission of Muhammad (peace be upon him). But none shall be prevented from taking retaliatory vengeance for wounds inflicted.

Whoever acts on his own account (in vengeance) [involves] himself and his family, except him who has been wronged. Allah is accepting of what is most upright.

The Jews must bear their expenses and they are due sincerity and upright conduct without bad conduct (being undertaken against them). No one must perpetrate a crime against his ally. Support must be provided to the wronged (oppressed). The Jews shall share in the spending with the believers when they are in a state of war.

Yathrib shall be an inviolable place for the people of this Sahifah (document). The neighbour is like the self; not being harmed and not having a crime perpetrated against him.No woman is to be provided protection except with the consent of her family.

Any occurrence or quarrel between the people of this document, the corruption (or harm) of which is feared, must be referred to Allah ‘Azza Wa Jalla and to Muhammad (peace be upon him).

Allah is (witness) over that which is most God-fearing and upright in this document.

No protection is provided to Quraish or to those who support/help them. They must support one another against whoever attacks Yathrib.

If they (the Jews) are invited to a Sulh (peace treaty) which they (the believers) are concluding and conforming to, then they must conclude and conform to it. And if they (the Jews) invite to something similar to that, then the believers should respond to that, except with the one who makes war on account of the Deen (religion). And each people are to fulfil their share from their side to those they are responsible for.

The Jews of Al-Aws, their allies and selves, are upon the same as the people of this document, in terms of receiving purely upright conduct from the people of this document.

Good and upright conduct is demanded and not bad or criminal conduct (i.e. from the parties of the Sahifa). No person earns anything except that he earns it against himself.

Verily Allah is (witness) over that which is most truthful and righteous in this Sahifah (document). This document does not protect any wrongdoer or sinful person (criminal).

The one who exits is safe and secure and the one who remains is safe and secure in Al-Madinah, except for one who transgresses and perpetrates a sin (crime).

Verily, Allah is the protector of the one who is acts good and has God- fearing. And Muhammad is the Messenger of Allah (peace be upon him)” [End of Quote].

This is literally the same text that came mentioned in the “Seera of Ibn Hisham” [Edited by Taha Abdur Ra’ouf Sa’d (2/106)], in the “Tahdhib Seera Ibn Hisham” by Abdus Salam Harun (p: 150, Shamela electronic version), in “Sharh Ar-Rawd Al-Unuf” [1st Edition, Dar Ihyaa’ At-Turath Al-‘Arabi, Beirut] (4/171) and also in “Al-Bidayah Wa An-Nihayah” by Al-Imam Ibn Kathir (3/273) [Hajar (version) 4/556], in addition to innumerable other sources of reference.

Ibn Ishaq had taken this in written form from Uthman bin Muhammad bin Uthman bin Al-Akhnas bin Shariq. The evidence for that is the following what came recorded in “As-Sunan Al-Kubra” of Al-Baihaqi (8/184/16369): “Ibn Ishaq related from Uthman bin Muhammad bin Uthman bin Al- Akhnas bin Shariq that he said: “I took this document from the family of ‘Umar ibn Al-Khattab (may Allah be pleased with him). It was attached to the document of Sadaqah which ‘Umar wrote to the governors (It stated):

In the name of Allah. Ar-Rahman Ar-Rahim. This is a document from Muhammad, the Prophet (peace be upon him), between the believers and Muslims from Quraish and Yathrib, and those who followed them, joined with them and strove alongside them, that they are one single Ummah (nation) to the exclusion of all the people. The Muhajirun of the Quraish are responsible for paying blood money to those they are responsible for and ransoming their captives on a reasonable fair basis and according to the justice which exists between believers. Banu ‘Auf are responsible for paying blood money to those they are responsible for. Each group will ransom their captives on a reasonable fair basis and according to justice from the believers. (he then mentioned the same wording in respect to Banu Al-Harith, Banu Sa’idah, Banu Jusham, Ban An-Najjar, Banu ‘Amr bin ‘Awf, Banu An-Nabit and Ban Al-Aws). He then said: “Verily, the believers shall not leave any destitute or indebted person from among them without paying his ransom or blood money on a fair and reasonable basis)”.[End of Quote]

I say: We shall discuss the authenticity of this Isnad (chain of narration) in an independent section.

After presenting the text of the Sahifah of Al-Madinah, as quoted by Ibn Ishaq, Ibn Sayed An-Nas stated the following in his “’Uyun Al- Athar Fee Funun Al-Maghazi Wa As-Shama’il Wa As-Sair” (1/330):

“This is how Ibn Ishaq mentioned it and Ibn Abi Khaithama mentioned it with the Isnad: Ahmad bin Janab Abu Al-Walid related from ‘Iesa bin Yunus from Katheer bin ‘Abdullah bin ‘Amr Al-Muzani from his father from his grandfather that: “The Messenger of Allah (peace be upon him) wrote a document between the Muhajirin (emigrants) and the Ansar (helpers) … (and he went on to mention it)”. This path (of transmission) is independent, completely independent from the path of the narration of Ibn Ishaq. Ibn Sayed an-Nas did not quote the whole of the text from Ibn Abi Khaithama and sufficed with the text of Ibn Ishaq, which indicates that they conform to one another or to their closeness to each other in terms of wording. However, unfortunately, that part of the book “At-Tarikh Al-Kabir” by Ibn Abi Al-Khaithama still remains missing.

In addition, some of the clauses of the Sahifah came from the narration of Kathir bin Abdullah bin ‘Amr bin ‘Awf Al-Muzani, through independent paths:

The following came in “As-Sunan Al-Kubra” of Al-Baihaqi (8/106/16809):

“Kathir bin Abdullah bin ‘Amr bin ‘Awf related from his father from his grandfather, who said: “The following was in the document of the Prophet (peace be upon him):

“Each group will ransom their captives on a reasonably fair basis and according to justice from the believers. Verily, the believers shall not leave any destitute or indebted person from among them without paying his ransom or blood money on a fair and reasonable basis”. We were informed this by Abu Abdullah Al-Hafizh and Abu Bakr Al- Qadi who both said: Abu Al-‘Abbas informed us from Muhammad bin Ya’qub, from Muhammad bin Ishaq As-Saghani, from Mu’awiya bin ‘Amr, from Abu Ishaq (Al-Faraziy), from Kathir bin Abdullah who mentioned it.

Al-Asma’iy said that the word “Mufrah” (destitute/indebted) [mentioned in the Sahifah] is written with a “ءاح” (Haa’) and means: The one who has become overburdened by debt” [End of Quote]

The following came recorded in “Al-Matalib Al-‘Aliyah Bi Zawa’id Al- Masanid Ath-Thamaniya” (2/2/1442): “Abu Bakr related from Hafs bin Ghiyath, from Kathir bin Abdullah bin ‘Amr bin ‘Awf, from his father, from his grandfather (may Allah be pleased with him) from the Prophet (peace be upon him) that he said:

“The indebted (Al-Mufrah) is not left in Islam” of he said: “Mufraj”. It is a Da’if (weak) Hadith. The meaning is: The one who has a debt is not left except that it is settled. It is said: That the word Mufrah relates to when a debt has become over burdensome. It (the Hadith) has also been related with a “ميج” (Jeem) (i.e. Mufraj instead of Mufrah)” [End of Quote]

In “Ittihaf Al-Khaira Al-Muhra” (3/378/2933) in the “Chapter: The one who has a debt is not left except that it is settled” the following came mentioned: “Abu Bakr bin Abi Shaiba related from Hafs bin Ghiyath, from Kathir bin Abdullah bin ‘Amr bin ‘Awf, from his father, from his grandfather, from the Prophet (peace be upon him), that he said:

“The Mufrah (indebted) is not left in Islam” or he said: “Mufraj”. This Isnad (chain of narration) is Da’if because of Kathir bin Abdullah” [End of Quote].

The following came transmitted in ‘Al-Mu’jam” of At-Tabarani (14/435/13512): “Ibrahim bin Duhaim related from his father, from Marwan bin Mu’awiyah, from Kathir bin Abdullah bin ‘Amr bin ‘Awf, from his father, from his grandfather who said: The Messenger of Allah (peace be upon him) said:

“Whoever takes charge of other than his Mawaali (freed slaves who maintain loyalty or an ally) will have the curse and anger of Allah upon him on the Day of Judgement. Allah will not accept anything from him. Whoever kills other than his killer will have the curse and anger of Allah upon him on the Day of Judgement. Allah will not accept anything from him. Whoever perpetrates a crime or gives sanctuary to a criminal will have the curse and anger of Allah upon him on the Day of Judgement. Allah will not accept anything from him” [End of Quote].

The following came recorded in Al-Bukhari’s “Khuluq Af’aal Al- ‘Ibaad” (p75-79 According to the Shamela electronic program):

“Ibrahim bin Al-Mundir related from Ishaq bin Ja’far bin Muhammad, from Kathir bin Abdullah bin ‘Amr bin ‘Awf, from his father, from his grandfather, that the Prophet (peace be upon him) wrote:

“Whatever you have differed upon in any matter, then it must be referred to Allah ‘Azza Wa Jallah and to Muhammad (peace be upon him)” [End of Quote].

It was also recorded in “Al-Amwal” of Al-Qasim bin Salam (Abu Ubaid) (p 260-580) via a third completely independent path from the previous two:

[Yahya bin Abdullah bin Kathir related from Abdullah bin Salih, from Al-Laith bin Sa’d, from ‘Uqail bin Khalid, from Ibn Shihab, that he said: “It reached me that the Messenger of Allah (peace be upon him) wrote the following document:

“This is a document from Muhammad, the Prophet, the Messenger of Allah, between the believers and Muslims from Quraish and the people of Yathrib, and those who followed them, then joined with them, resided with them and strove with them, that they are one Ummah to the exclusion of the people.

The Muhajirun of the Quraish are upon their standard practise when dealing with their cases of blood money, responsible among themselves for dealing with their cases of blood money. And they ransom their captives on a reasonable fair basis and according to justice among the believers.

Banu ‘Auf are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Al-Harith bin Al-Khazraj are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Sa’idah are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Jusham are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu An-Najjar are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu ‘Amr bin ‘Awf are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu An-Nabit are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Aws are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers.

Verily, the believers shall not leave any indebted person from among them without assisting him, on a fair and reasonable basis, in respect to ransom or blood money. The believers and God-fearing stand against the one who rebels from among them or seeks to insert injustice, crime, aggression or corruption among the believers. Their hands are all united against him, even if he was the son of one of them. A believer shall not kill another believer for the sake of a disbeliever. And he will not support a disbeliever against a believer. The believers are allies and protectors of one another to the exclusion of the people.

Whoever from the Jews follows us, receives good treatment and assistance. They are not wronged and support is not provided to others against them.

The peace of the believers is one. No peace is made by a Muslim separate to another Muslim in the fighting in the way of Allah, except upon the basis of mutual even handedness and justice. In respect to every military attachment that goes out, they (i.e. those participating) will follow, one after the other. The God-fearing believers are upon the best and most correct guidance.

No polytheist shall protect a property for Quraysh; nor shall he assist him against a believer. Whomever it has been established by evidence that he has killed a believer (without right), then he is subject to retaliation unless the blood heir of the one killed is satisfied with blood money. The believers stand against him altogether.

It is not permissible for a believer who affirms what is stated in this document or believes in Allah and the last day, to provide assistance or shelter to a criminal. So, whoever helps or shelters such a person, will have the curse and anger of Allah upon him on the Day of Judgement. Nothing will be accepted from him.

Whatever you have differed upon in any matter, then its verdict returns to Allah, Glorified and Exalted be He, and to the Messenger (peace be upon him).

The Jews shall share in the spending with the believers when they are in a state of war.

The Jews of the Banu ‘Awf, their allies and themselves, are an Ummah (collective) from the believers. The Jews have their Deen (religion) and the believers have their Deen, except for the one who transgresses (commits injustice) and commits a sin (crime), as he will only be hurting himself and his household. The same applies to the Jews of Banu An-Najjar that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Al-Harith that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Jusham that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Sa’idah that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Al-Aws that applies to the Jews of Banu ‘Awf, except for the one who transgresses (commits injustice), as he will only be hurting himself and his household.

None from among them shall go out [to war] without the permission of Muhammad (peace be upon him). They must support one another against those who make war against the people of this Sahifah (document). Mutual sincerity is demanded and support for the wronged (oppressed).

Al-Madinah shall be an inviolable place for the people of this Sahifah (document). Any occurrence or quarrel between the people of this document, the corruption (or harm) of which is feared, its matter is referred to Allah and to Muhammad, the Prophet (peace be upon him). They must support one another against whoever attacks Yathrib.

If they (the believers) invite the Jews to a Sulh (peace treaty) with an ally of theirs, then they must (also) conclude a truce with that ally. And if they invite us to something similar to that, then it is a right for them upon the believers (that we respond affirmatively), except for the one who makes war against the Deen (religion). And each people take responsibility for their share of the Nafaqah (maintenance expenditure).

The Jews of Al-Aws, their allies and selves, are upon the same as the people of this document, in terms of receiving upright conduct from the people of this document. Banu Shatna are a clan of Jafna.

Good and upright conduct is demanded and not bad or criminal conduct (i.e. from the parties of the Sahifa). No person earns anything except that he earns it against himself. Verily Allah is (witness) over that which is most truthful and righteous in this Sahifah (document).

The one who exits is safe and secure and the one who remains in Al- Madinah is provided the best safety and security, except for the transgressor and sinful (criminal).

This document is for the one who acts upright and does good” [End of Quote]

Abu ‘Ubaid said commenting upon this text: Regarding the statement (i.e. in the Sahifa): “So and so tribe is responsible over their Rabaa’ah” (And Ribaa’ah is most correct in my view), he said: This is how it was narrated to us by Ibn Bukair from Al- Laith bin Sa’d. Ar-Rabaa’ah means al-Ma’aaqil (cases of blood money). It could be said: “So and so is responsible for the Rabaa’ah of his people”: When he is appointed to discharge their affairs or is a delegate to the leaders on behalf of them. Concerning the statement: “Verily, the believers shall not leave any indebted person (Mufrah) without assisting him in ransom and blood money”, then “Al-Mufrah” means: The one overburdened with debt. It (the Sahifa) is saying: They must assist him. If he was a captive, they must pay the ransom to free him and if had perpetrated a crime warranting blood money, they would pay it on his behalf. As for the statement: “A polytheist shall not protect the property of Quraish”, then this refers to the Jews who had peace agreements with them. It (the Sahifa) is saying: Your peace agreement does not include protecting the properties of his enemies or to aid them against him.

Regarding the statement: “Whoever has killed a believer without right (I’tibaat), there is retaliation”. The term “I’tibaat” employed here means that he kills him whilst he was innocent and his blood was prohibited. The origin of “I’tibaat” is related to camels, referring to when they are slaughtered without any just cause or purpose. Concerning the statement “Unless the blood heirs of the one killed are satisfied with blood money”, then this indicates that he (peace be upon him) has provided a choice between the retaliation or blood money for the blood heirs of the one killed. This is similar to another Hadith of his: “Whoever has someone (related to him) killed (i.e. murdered) then he has one of two options: If he wills, he kills or if he wills, he takes blood money”. This refutes the view of those who say that the Waliy (close relative or blood heir) does not have a right to blood money, in respect to the case of the deliberate killing, unless it is through the good will of the killer or reconciliation from him to him upon it.

As for the statement “As for the statement it is not permissible for a believer to support a criminal or provide him with shelter”, then the meaning of criminal here refers to anyone who has transgressed a Hadd (limit) from the Hudood (limits) of Allah ‘Azza Wa Jalla. As such, no one can prevent the establishment of the Hadd punishment upon him. This is also similarly to another statement of his (peace be upon him): “Whoever’s intercession has prevented a Hadd from the Hudood of Allah has opposed Allah and His command”.

Concerning the statement “Nothing will be accepted from him”, then Hushaim related had heard from Mak’hul, who said: “It refers to Taubah (repentance) and Fidyah (ransom)”. This is preferable to me than the opinion stating that it refers to the obligation and voluntary act. That is due to the statement of Allah (Glorified be He and Most High): “And no compensation will be taken from him” (2:48). Everything that is ransomed with, is its compensation. Regarding the statement: “The Jews shall spend with the believers as long as they are at war”, then this spending is specific to war, stipulating upon them that they assist him against his enemy. We view that he would only make the Jews contribute according to this condition that he stipulated upon them, in terms of spending, if they fight with the Muslims. Otherwise, they would not have had a share in the spoils of war of the Muslims. [End of Quote]

The Sahifa was also related in “Al-Amwal” of Ibn Zanjawaih (2/466/750) via Abu Ubaid:

[Abdullah bin Salih related from Al-Laith, from Uqail, from bin Shihab that he said: It reached me that the Messenger of Allah (peace be upon him) had this document written:

“This is a document from Muhammad, the Prophet, the Messenger of Allah, between the believers and Muslims from Quraish and the people of Yathrib, and those who followed them, then joined with them, resided with them and strove with them, that they are one Ummah to the exclusion of the people.

The Muhajirun of the Quraish are upon their standard practise when dealing with their cases of blood money, responsible among themselves for dealing with their cases of blood money. And they ransom their captives on a reasonable fair basis and according to justice among the believers.

Banu ‘Auf are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Al-Khazraj are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Sa’idah are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Jusham are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu An-Najjar are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu ‘Amr bin ‘Awf are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu An-Nabit are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers. Banu Aws are upon their standard practise responsible for dealing with their cases of blood money. Each group will ransom their captives on a reasonable basis and according to justice among the believers.

Verily, the believers shall not leave any indebted person from among them without assisting him, on a fair and reasonable basis, in respect to ransom or blood money. A believer shall not enter into alliance with the Mawla (freed slave who maintains loyalty or an ally) of a believer without the latter’s consent. The believers and God-fearing stand against the one who rebels from among them or seeks to insert injustice, crime, aggression or corruption among the believers. Their hands are all united against him, even if he was the son of one of them. A believer shall not kill another believer for the sake of a disbeliever. And he will not support a disbeliever against a believer. The believers are allies and protectors of one another to the exclusion of the people.

Whoever from the Jews follows us, receives good treatment and assistance. They are not wronged and support is not provided to others against them.

The peace of the believers is one. No peace is made by a Muslim separate to another Muslim in the fighting in the way of Allah, except upon the basis of mutual even handedness and justice. In respect to every military attachment that goes out, they (i.e. those participating) will follow, one after the other. The God-fearing believers are upon the best and most correct guidance.

No polytheist shall protect a property for Quraysh; nor shall he assist him against a believer. Whomever it has been established by evidence that he has killed a believer (without right), then he is subject to retaliation unless the blood heir of the one killed is satisfied with blood money. The believers stand against him altogether.

It is not permissible for a believer who affirms what is stated in this document or believes in Allah and the last day, to provide assistance or shelter to a criminal. So, whoever helps or shelters such a person, will have the curse and anger of Allah upon him on the Day of Judgement. Nothing will be accepted from him.

Whatever you have differed upon in any matter, then its verdict returns to Allah, Glorified and Exalted be He, and to the Messenger (peace be upon him).

The Jews shall share in the spending with the believers when they are in a state of war.

The Jews of the Banu ‘Awf, their allies and themselves, are an Ummah (collective) from the believers. The Jews have their Deen (religion) and the believers have their Deen, except for the one who transgresses (commits injustice) and commits a sin (crime), as he will only be hurting himself and his household. The same applies to the Jews of Banu An-Najjar that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Al-Harith that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Jusham that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Banu Sa’idah that applies to the Jews of Banu ‘Awf. The same applies to the Jews of Al-Aws that applies to the Jews of Banu ‘Awf, except for the one who transgresses (commits injustice), as he will only be hurting himself and his household.

None from among them shall go out [to war] without the permission of Muhammad (peace be upon him). They must support one another against those who make war against the people of this Sahifah (document). Mutual sincerity is demanded and support for the wronged (oppressed).

Al-Madinah shall be an inviolable place for the people of this Sahifah (document). Any occurrence or quarrel between the people of this document, the corruption (or harm) of which is feared, its matter is referred to Allah and to Muhammad, the Prophet (peace be upon him). They must support one another against whoever attacks Yathrib.

If they (the believers) invite the Jews to a Sulh (peace treaty) with an ally of theirs, then they must (also) conclude a truce with that ally. And if they invite us to something similar to that, then it is a right for them upon the believers (that we respond affirmatively), except for the one who makes war against the Deen (religion). And each people take responsibility for their share of the Nafaqah (maintenance expenditure).

The Jews of Al-Aws, their allies and selves, are upon the same as the people of this document, in terms of receiving upright conduct from the people of this document. Banu Shatna are a clan of Jafna.

Good and upright conduct is demanded and not bad or criminal conduct (i.e. from the parties of the Sahifa). No person earns anything except that he earns it against himself.

Verily Allah is (witness) over that which is most truthful and righteous in this Sahifah (document).

The one who exits is safe and secure and the one who remains in Al- Madinah is provided the best safety and security, except for the transgressor and sinful (criminal).

This document is for the one who acts upright and does good” [End of Quote].

The text recorded by Imam Abu Ubaid here conforms to the text of Imam Zanjawaih with the exception of one additional paragraph found in the text of Imam Zanjawaih. It is like it just fell out of Imam Abu Ubaid’s text. There are more than ten differences between the text presented by these two Imams and the text of Ibn Ishaq, which represents the text which is most relied upon in the Seera. It may be that comparing the two texts together in a table is the best manner to make clear this view of ours:

Reference: The Prophetic Constitution of Madinah - Dr Muhammad Al-Massari

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