The Prophetic Constitution of Madinah by Dr Muhammad Al-Massari

It has been establish via Tawatur (decisive concurrent transmission), that Amir ul-Mu’minin Imam ‘Ali, may Allah’s pleasure and peace be upon him, had a Sahifah (document) and it appears from the different transmitted texts, that the Sahifah of Al-Madinah was a part of this ‘Alawiyah Sahifah:

- The following came recorded in “Al-Jami’ As-Sahih Al-Mukhtasar” of Imam Al-Bukhari, with the most authentic of chains:

“Qutaibah bin Sa’id related to us from Jarir from Al-Aa’mash from Ibrahim At-Taimi from his father who said: ‘Ali, may Allah the Most High be pleased with him, said: “We have no Book to recite except the Book of Allah (Qur'an) and this Sahifah (document). Then ‘Ali took out the paper, and behold, there was written in it, legal verdicts about the retaliation for wounds and the ages of the camels (to be paid as Zakat or as blood money). It was also stated in it: “Al-Madinah is a sanctuary from the ‘Ayr (mountain) to the Thawr (mountain). So, whoever commits a crime in it or provides shelter to such a criminal, will incur the curse of Allah, the angels and all the people, and nothing will be accepted from him on the Day of Judgement. And whoever takes allegiance from some people other without the permission of his real masters, will incur the curse of Allah, the angels and all the people, and none of his compulsory, or optional good deeds will be accepted on the Day of Resurrection. And the protection granted by the Muslims is one; to be secured by all the Muslims, even if it is granted by one of the lowest social status among them. And whoever betrays a Muslim (or breaks his covenant with him), will incur the curse of Allah, the angels, and all the people, and nothing will be accepted from him on the Day of Judgement” [End of Quote]

- It also came in in “Al-Jami’ As-Sahih Al-Mukhtasar” with the path: [Muhammad bin Kathir informed related from Sufyan from Al- Aa’mash from Ibrahim At-Taimi from his father from ‘Ali, may Allah the Most High be pleased with him, said the same as above]. It was also recorded in the Sunan of Abu Dawud with the same worded text (Matn) and chain or transmission. - It was recorded in the Sahih of Ibn Hibban with the path: [Al-Fadl bin Al-Habbab related it to us from Muhammad bin Kathir with exactly the same Isnad and Matn (same worded text)].

- It came in another placing in “Al-Jami’ As-Sahih Al-Mukhtasar” with a slight summarization via the path: {Muhammad related from Wakee’ from Al-Aa’mash from Ibrahim At-Taimi from his father who said: ‘Ali addressed us … and then he mentioned the same as above].

- It was also recorded in “Al-Jami’ As-Sahih Al-Mukhtasar” with the path: [‘Umar bin Hafs bin Ghiyath related from Ubayy from Al- Aa’mash from Ibrahim At-Taimi who related from his father who said: ‘Ali, may Allah the Most High be pleased with him, addressed us from upon the Minbar (pulpit) made from dried bricks whilst wearing a sword, upon which the Sahifah was attached … He then mentioned the same as above].

- The Isnad came stated in Sahih Muslim with (some) additions:

[Abu Bakr bin Abu Shaibah, Zuhair bin Harb and Abu Kuraib all related from Abu Mu’awiyah. Abu Kuraib said Abu Mu’awiyah related to us from Abu Al-Aa’mash from Ibrahim At-Taimi from his father who said: ‘Ali bin Abi Talib addressed us and said: “Whoever claims that we have anything which we read other than the Book of Allah and this Sahifah (document) (He said: And the Sahifah was attached to the scabbard of his sword) then he has lied: (This Sahifa) contains (verdicts) pertaining to the ages of camels (i.e. for Zakah) and (the recompense) for the injuries. And within it the Prophet (peace be upon him) said: Al-Madinah is a sacred territory from 'Ayr to Thawr. He who perpetrates a crime or gives protection to a criminal, then the curse of Allah, His angels and all people is upon him. Allah will not anything from him on the Day of Judgement. The responsibility of the Muslims is one; even the lowest in rank can undertake the responsibility (on behalf of others), and he who claims anyone else as his father besides his own father or gives his loyalty to other than the one (who freed him), then the curse of Allah, His angels and all people is upon him. Allah will not accept anything from him on the Day of Judgement]. Imam Muslim said: [The Hadith of Abu Bakr and Zuhair ends at the statement “even the lowest in rank can undertake the responsibility” and they both did not mention what followed. Also, the statement “Attached to the scabbard of the sword” was not mentioned in both their narrations.

- It was also stated in Sahih Muslim: [‘Ali bin Hajar As-Sa’di related from ‘Ali bin Mus’hir, from Abu Sa’id Al-Ashajj from Wakee’ who all related from Al-Aa’mash with the same chain or transmitters (Isnad) as that of the Hadith of Abu Kuraib from Abu Mu’awiyah until the end (of the chain), with the following addition to the Hadith:

“He who violated the covenant with a Muslim, then the curse of Allah, His angels and all the people is upon him. Nothing would be accepted from on the Day of Judgement”. Muslim said: There is nothing in both of their Hadiths a mention of “whoever makes a false claim of paternity to other than his father”, just as there is no mention of the “day of judgement” in the Riwayah (narration) of Wakee’].

- Similarly, in Sahih Muslim, the following came recorded: [Abu Bakr bin An-Nadr related it from Abu An-Nadr, from Ubaidullah Al- Ashja’iy, from Sufyan from Al’Aa’mash, with the same Isnad (chain of transmission), without mentioning the Day of Judgement, but adding:

“The protection granted by Muslims is one and must be respected by the humblest of them. And whoever breaks the covenant made by a Muslim, then the curse of Allah, his angels and all the whole people upon him, and nothing would be accepted from him on the Day of Judgement”.

It came recorded in both long and summarized forms in the Sunan of At-Tirmidhi, the Musnad of Ahmad bin Hanbal, Sunan Al-Kubra, the Sunan Al-Kubra of Al-Baihaqi, the Musnad of Abu Dawud At-Tayalisi and the Musnad of Abu Ya’la, among other collections, via numerous paths. Every one of which is Sahih and through which definite evidence is established. - It came in the “Musnad” of Imam Ahmad bin Hanbal:

“Muhammad bin Ja’far related from Shu’bah, from Soleiman, from Ibrahim At-Taimi, from Al-Harith bin Suwaid who said: It was said to ‘Ali (may Allah, the Most High, be pleased with him): “Did your Messenger enjoin upon you (i.e. believers) a matter to the exclusion of the general people”. He replied: “The Messenger of Allah (peace be upon him) did not enjoin upon us any matter which he did not enjoin upon the people, with the exception of that which is in the scabbard of this sword of mine”. He then took out a document (Sahifah) which contained information (or ordinances) concerning the ages of camels (i.e. for Zakah) and stated that “Al-Madinah is a sanctuary from the ‘Ayr (mountain) to the Thawr (mountain). Whoever commits a crime in it or provides shelter to a criminal, then the curse of Allah, the angels and all the people will be upon him and nothing will be accepted from him on the Day of Judgement. The protection granted by Muslims is one. And whoever breaks the covenant made by a Muslim, then the curse of Allah, his angels and all the whole people is upon him, and nothing would be accepted from him on the Day of Judgement. And whoever takes loyalty of a Mawla (freed slave, client) without their permission, then the curse of Allah, his angels and all the whole people is upon him, and nothing would be accepted from him on the Day of Judgement”. The same is also recorded in the book “Fada’il As-Sahabah”.

It has been said that Shu’bah was at variance with this as he had related it from Al-Aa’mash from Ibrahim At-Taimi from Al-Harith bin Suwaid from ‘Ali. Ad-Daraqutni said in “Al-‘Ilal”: [And the correct is the Riwayah (narration) of Ath-Thawri and those who followed him]. I say: The view of Ad-Daraqutni is not to be taken for granted because

Shu’bah related the other Hadith from Al-Aa’mash, from Ibrahim At- Taimi from his father, from ‘Ali. This is what came stated in the Musnad of Abu Dawud At-Tayalisi. Shu’bah is Thiqah Thabt (trustworthy and reliable) in terms of evidence and as such there may be two narrations: The first is the well-known one from Al-Aa’mash, from Ibrahim At-Taimi, from his father from ‘Ali, which the majority recorded. It was the narration which Al-Aa’mash perfected and would usually narrate and suffice with. Then that narration was followed by the second rarer one from Al-Aa’mash, from Ibrahim At-Taimi, from Al-Harith bin Suwaid from ‘Ali. This may have been in the book (i.e. collection) of Al-Aa’mash, recorded following the previous one. He would not bring it forth apart from to those who specifically requested it and he would urge that the books be examined. This is in line with the custom of Shu’bah in respect to pressing the Shuyukh hard and putting them to the test. This view is supported by the fact that this narration was preceded by an explicit question which the people asked ‘Ali: ““Did the Messenger of Allah enjoin upon you (i.e. believers) a matter …” and it is implicitly understood, even if it did not come mentioned explicitly in the other paths. In any case, whatever the matter may be, Abu Ibrahim Yazid bin Sharik At-Taimi and Al-Harith bin Suwaid are both Thiqah (trustworthy). Indeed, Al- Harith bin Suwaid is even stronger and more reliable! - There is also in the Musnad of Ahmad bin Hanbal another Hadith related to this subject area:

“Bahz related to us from Hammam, from Qatadah, from Abu Hassan: That ‘Ali (may Allah the Most High be pleased with him) was commanding a matter. It was brought and then it was said: “We did such and such a thing” and he would say: “Allah and His Messenger spoke the truth”. He (the narrator) said: Al-Ashtar then said to him (‘Ali): “This thing that you say has spread among the people. Is there anything that the Messenger of Allah (peace be upon him) enjoined upon to you?!” He replied: “The Messenger of Allah (peace be upon him) did not enjoin upon me anything specific that he did not enjoin upon the general people, apart from a thing that I heard from him and it is in the Sahifah (document) in the scabbard of my sword”. He (the narrator) said: They were still with him until he took out the Sahifah (document). And it contained within it: “Whoever perpetrates a crime or provides shelter to a criminal, then the curse of Allah, the angels and all of the people will be upon him; nothing will be accepted from him”. He (the narrator) said: It contained within it: “Verily, Ibrahim made Makkah an inviolable sanctuary and I make Al- Madinah an inviolable sanctuary. What lies between two stony areas (i.e. mountains) and its sanctuary is all inviolable. Its shrubs are not uprooted, its game is not chased away, Luqatah (fallen/lost items) are not picked up unless it is by a person who has identified it, no tree is cut unless it is so that a man can give fodder to his camel and a weapon is not carried in it for fighting”. He (the narrator) said: It contained within it: “The believers are equal in respect to their blood, their offer of protection is covered by the lowest of them (in status) and they are one hand against other than them”. Indeed, no believer is killed for a disbeliever and nobody who has a covenant during his covenant”. I say: If the Abu Hassan mentioned here (in the Isnad) is Fudail bin Zaid Ar-Riqashiy, who is Thiqah (trustworthy) from among the distinguished Taabi’in (successors), then the Hadith is very authentic. However, Qatadah is not well-known to relate from him. Consequently, if the Abu Hassan is instead the one whom Qatadah is well-known to relate from, then he is Muslim bin Abdullah Al-Basri, Al-A’raj Al-Ajrad (the lame, the hairless). He is also Thiqah (trustworthy), however, according to would is apparent, he did not meet ‘Ali. Consequently, the Isnad (chain of transmission) would be Munqati’ (interrupted). Despite that, the authenticity of the Matn (worded text of the narration) makes one realise that he took it from someone who was trustworthy (Thiqah) and precise (Mutqin). It could be from Ubaidah Al-Salmani, the distinguished trustworthy Taabi’ (successor), in the case where he would be the connecting link between Abu Hassan and ‘Ali, like the reported chains in Sahih Muslim and other collections. The statement of Imam ‘Ali:

“The Messenger of Allah (peace be upon him) did not enjoin upon us any matter which he did not enjoin upon the people, with the exception of that which is in the scabbard of this sword of mine”. He then took out a document (Sahifah)”, .

like what also came in the narration of Imam Ahmad, provides the understanding that original copy of the Sahifah itself had been kept in origin by the Prophet (peace and blessings be upon him). Thereafter, ‘Ali took possession of it and it remained with him. This is in harmony with the Sahih narration of Al-Baihaqi which stated that the Sahifah of Al-Madinah went into the possession of ‘Ali following the death of the Prophet (peace and blessings be upon him). .

It is clear that the narrators were concerned mainly with some of what came in the ‘Alawiyah Sahifah and especially the important principles contained within it. As for what was mentioned within it concerning the ages of camels for Zakat, blood money for wound and what was similar to that, then some of them (the narrators) mentioned these issues in a general manner only, whilst others did not care to mention them at all. Similarly, it appears that they may not have been concerned to mention what it contained in respect to the regulation of the relationship with the Jews, in the case where all of that held no significance at the time when Abu Al-Hassan read it to them or published it before them to read (may Allah be pleased with him). There is therefore no contradiction between the absence of mentioning something from the contents of the ‘Alawiyah Sahifah within the narrations and the fact that the organisation or regulation of the relations with the Jews represented a major and significant portion of the Sahifah of Al-Madinah, as was related in full by Ibn Ishaq in his Maghazi and also in “As-Seera An-Nabawiyah” of Ibn Hisham. .

It is also noticeable that the Sahifah of Al-Madinah does not contain any mention of the ages of camels and blood money of wounds, in contrast to the ‘Alawiyah Sahifah. This is not a major problem as the majority of the narrations of the ‘Alawiyah Sahifah do not attribute

that (i.e. the ages of camels and wounds) to the Prophet (peace be upon him) in an explicit manner, in contrast to the other statements (which are explicitly attributed to him). As such, it may be that the camels and wounds represented an independent Sahifah (document) or two documents: A Sahifah detailing the wounds and matters related to Al-Qisas (law of retributive justice) “Sahifah Al-Jarahat (wounds)” and a Sahifah of the “ages of camels”, which in turn appears to be taken from the well-known Sahifah of Zakat. That is as there is no meaning for the specification of the ages of camels within a Sahifah unless that was related to Zakat. Then there is the description and specification of the inviolable sanctuary of Al- Madinah and this may also be an independent Sahifah “The sanctity of Al-Madinah”. It could be that this is what was indicated to in the Hadith of Rafi’ bin Khudaij, may Allah be pleased with him, which will be presented shortly. Imam ‘Ali may have only added that to the end of the “Sahifah of Al-Madinah” just as he may have added other matters to it from what was heard from the Prophet (peace be upon him) which he received external to the “Sahifah of AL-Madinah”, “Sahifah of the wounds”, “Sahifah of Zakat” and the Sahifah of the “Sanctity of Al-Madinah”. This is similar to what was stated by Muhammad Hamidullah Al-Haidar Al-Abadi Al Hindi (died 1424 AH), may Allah have mercy upon him, when he said in the introduction of his valuable large and comprehensive work “Collection of political documents of the Prophet era and that of the Rightly Guided Khilafah”, when discussing the ‘Alawiyah Sahifah:

[It comprised, as is apparent, of at least three documents: The constitution of Al-Madinah, the sanctity of Al-Madinah and the ages of camels and (blood-money of) wounds].

The inclusion of Sahifah of Al-Madinah within the ‘Alawiyah Sahifah is reiterated by additional paragraphs or clauses from it being attributed to the ‘Alawiyah Sahifa as found within the narrations of the Shi’ah. The following came related in “Al-Kafi” of Al-Kulaini (5/46/8262):

[Muhammad bin Yahya related from Ahmad bin Muhammad, from Muhammad bin Yahya, from Talha bin Zaid, from Abu Abdullah, from his father (peace be upon him) who said: “I read in the Kitab (written document) of ‘Ali (peace be upon him) that the Messenger of Allah (peace and blessings be upon him and his family) wrote a Kitab (written document) between the Muhajirin (emigrants) and the Ansar (helpers) in addition to those who had joined with them from the people of Yathrib (It included within it):

“Each military expedition that goes out, follows each other consecutively, according to a good manner and justice between the Muslims”,

“A woman is not offered protection (by others) except with the permission of her family (people)”,

“The neighbour is like one’s self; not being harmed and not transgressed against (by criminality)”,

“The inviolable sanctity of a neighbour in respect to his neighbour is like the inviolable sanctity of his mother and his father”,

“A believer does not make peace to the exclusion of a believer in respect to fighting in the way of Allah, except upon the basis of justice and even handedness”.

In “Wasaa’il Ash-Shi’iyah” (247/20/20001) it came recorded as follows: .

[Muhammad bin Yahya related from Ahmad bin Muhammad, from Muhammad bin Yahya, from Talha bin Zaid, from Abu Abdullah from his father (peace be upon him) who said:

“I read in the Kitab (written document) of ‘Ali (peace be upon him), that the Messenger of Allah (peace and blessings be upon him) wrote a Kitab (written document) between the Muhajirin (emigrants) and the Ansar (helpers) in addition to those who had joined with them from the people of Yathrib, (establishing) that each military expedition that goes out, follows each other consecutively, according to a good manner and justice between the Muslims, a woman is not offered protection (by others) except with the permission of her family (people), the neighbour is like one’s self; not being harmed and not transgressed against (by criminality), the inviolable sanctity of a neighbour in respect to his neighbour is like the inviolable sanctity of his mother and his father, (and) that a believer does not make peace to the exclusion of a believer in respect to fighting in the way of Allah, except upon the basis of justice and even handedness”(Muhammad bin Al-Hasan with its Isnad is related from Ahmad bin Muhammad, similarly”.

- In his “Mawsoo’ah At-Tarikh Al-Islamiy”, Sheikh Muhammad Hadi Al-Yousufi Al-Gharawi attributed it (the narration) to “Al-Kafi” and “At-Tousi” in “AT_Tahdhib”, with both of their Isnads (chains of transmission). He then stated: [It was related from Talha bin Zaid from his father Al-Baqir (peace be upon them both) that he said:

“I read in the Kitab (written document) of ‘Ali (peace be upon him): “That the Messenger of Allah (peace and blessings be upon him) wrote a Kitab (written document) between the Muhajirin (emigrants) and the Ansar (helpers) in addition to those who had joined with them from the people of Yathrib”. He did not then increase upon three lines from the covenant except a little. Ibn Ishaq completed the text saying: “The Messenger of Allah wrote a Kitab (written document) .

between the Muhajirin (emigrants) and the Ansar (helpers). He made a peace agreement in it with the Jews and made a covenant with them. He affirmed (or acknowledged) them upon their religion and properties, making conditions 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 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 … etc]. This can also be found in “Bihar Al-Anwar” among other sources.

It appears that the ‘Alawiyah Sahifah, following the death of the Amir ul-Mu’minin (leader of the believers) Al-Hasan bin ‘Ali and the martyrdom of Imam Al-Hussein bin ‘Ali, may Allah be pleased with them both, came to be in the possession of their brother Muhammad bin Al-Hanafiyah:

That is as the following came stated in “At-Tabaqat Al-Kubra” of Ibn Sa’d (5/105):

“Al-Mu’alla bin Asad related from Abdul Aziz bin Al-Mukhtar, from Khalid, from Abu Al-Aryan Al-Majashi’I who said: “Al-Mukhtar dispatched us among 1000 riders to Muhammad bin Al-Hanafiyah. He said: We were with him. He said: Ibn ‘Abbas used to mention Al- Mukhtar saying: “He perceived our vengeance, paid our debts and spent upon us”. He said: That is while Muhammad bin Al-Hanafiyah did not say either good or bad about him. He said: The news reached Muhammad that they were saying that they possessed something, i.e. in terms of knowledge. He said: So, he stood among us and said: “Verily by Allah, we have not inherited anything from the Messenger of Allah, except for what is between these two tablets (or covers)!” He then said: “O Allah and this Sahifah (document) in the scabbard of my sword”. He said: Then I asked: “What was in the Sahifah?” he said: “Whoever commits a crime or shelters a criminal”.