4.15 The time limit for the appointment of a Khalifah
The time limit allowed for the Muslims to appoint a Khalifah is three days including their nights. It is forbidden for a Muslim to spend more than three nights without having a bayah on his neck. As for allowing a maximum of three nights, this is because appointing of a Khalifah becomes compulsory from the very moment the former Khalifah 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 Khalifah is not appointed by that time the matter should be examined: If the Muslims were involved in the appointment of a Khalifah and failed to do so within three nights for compelling reasons beyond their control and ability, then the sin would fall from their necks, for they were endeavouring in their task to perform this duty and were compelled against their will to delay the implementation of that duty. Ibn Hibban and Ibn Majah narrated from Ibn Abbas who reported that the Messenger of Allah (PBUH) said: .
"Allah had forgiven my Ummah for the mistake and forgetfulness and that which they were compelled of". [al-Nawawi, al-Majmu’ Sharh al-Muhadhdab, vol.8, p.450] .
But if they were not involved in the task they would all be sinful until such time that a Khalifah was appointed, and only then would the sin fall from their necks. As for the sin they had committed by neglecting the duty of appointing a Khalifah, this would not fall from them, rather it remains, and Allah (S.W.T) would punish them as he would punish any sin committed by a Muslim for not performing a duty. .
As for the obligation of the immediate involvement in the bayah of the Khalifah once the Khilafah post becomes vacant, this is because the Sahabah addressed this matter in the hall of Bani Sai’dah after the death of the Messenger (PBUH) , on the same day of his death and before his burial. The contracting bayah of Abu Bakr was concluded on the same day of his death. On the second day, the people were gathered in the masjid to give the bayah of obedience to Abu Bakr. .