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Muhammad ibn Mus’ab Al-Qarfasaani said:

Al-Awzaai narrated to me that Abu Ja’far [Al-Mansour –the Caliph-], Amir Al Mu’mineen,  sent for him [to come and see him], while Imam Al-Awzaai was at the coast.

Imam Al-Awzaai said: So I came to him.

When I reached him, I greeted [and addressed] him as the Caliph, and he answered me back.

He asked me to sit down, and then he said: What caused you to delay from coming to us, Oh Awzaai?

So I said: And what is that you need from me, Oh Amir Al Mu’mineen?

He said: I want to learn from you and take from [your knowledge].

I said: Oh Amir Al Mu’mineen, verily you are not ignorant of anything I will narrate to you.

He said: And how can I not be ignorant of it when I am asking you about it, and I have sent for you for it and brought you here because of it?

I said: You may listen to it but not act upon it.

Al-Awzaai said: So Al-Rabee’ [1] yelled at me and grabbed hold of his sword.

Al-Mansour stopped him, and said: This is a gathering of reward and learning, and not one of punishment.

Al-Awzaai said: So I felt relaxed and became content with speaking, and said: …

To Be Continued …

Reference:

[1] He is Al-Rabee’ b. Yunus, was the gate keeper of Abu Ja’far Al-Mansour

[2] Tahzeeb Hilyat al-Awliyaa

 

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Abu Amr Al-Awzaa’i said:

If Allah wished to deprive His slave from the Blessings of knowledge, He would acquaint his tongue to Aghaaleet [1, 2].

Footnote:

[1] Al-Aghaateet are the obscure vague matters and topics, which are asked not for the purpose of benefitting or seeking knowledge, but rather are intended to dispute and disagree with scholars, bring them to fault (mughalatat al-ulamaa), as well as to show off knowledge of these obscure matters in front of them.

Al-Hasan Al-Basri (may Allah shower him with Mercy) said: The worst of the slaves of Allah are the ones who come with the worst of questions; causing disputes, confusions, and difficulties to the slaves of Allah.

[2] Jaami’ Bayaan al-‘Ilm wa Fadlih 2/178

قال عن الأوزاعي: إذا أراد الله أن يحرم عبده بركة العلم ألقى على لسانه الأغاليط
وروينا عن الحسن، أنه قال: إن شرار عباد الله الذين يجيئون بشرار المسائل يعنتون بها عباد الله.ـ

Imam Abu Amr al-Awzaai (may Allah shower him with Mercy) said:

“O son of Adam, act for your own good and hasten, for indeed you have been surrounded from all directions!

Moan like the moaning of a war captive [who has been burdened by his] chains and shackles [1].

Do not let the remainder of your life [perish] for [the sake of] this Dunia and for chasing after it throughout the boundaries of this Earth.

Be sufficed with what has reached you from it, and submit [to Allah] in obedience.

Seek consolation by [remembering] your day of poverty and need and be occupied with gaining safety.

Indeed, you are in a [constant] state of travel till [your time of] death [arrives], being chased by it while sleeping and when you are awake.

Remember the sleeplessness of the people of the Fire in their everlasting eternity, and be fearful that you would be taken from in front of Allah -the Exalted- to the fires of Hell and that that moment would be your last meeting with Him … At that point all your hopes will surely end.

Always remember that you are very close to your destination and what is left is only little, so set your aims carefully with patience and honour.

Favour spending the remainder of your life [in what benefits] rather than to waste it for the sake of this worldly-life, and take from this Life that which will benefit your and free you in the Hereafter, and leave from [this worldly-life] that which would preoccupy from [the Hereafter] [2]”.

Reference:

[1] And what he (may Allah have mercy on him) may be referring to is the burden of being chained by your sins.

[2] al-Jarh w al-Ta’deel by ibn Abi Hatem 1/218

4890431196_92cca412d6[1]

روى عبد الله بن إسماعيل ابن بنت الإمام عن أبيه أنه قال: وجدت في كتب الأوزاعي بخط يده:ـ

ـ"يا ابن آدم اعمل لنفسك وبادر فقد أتيت من كل جانب، وأعول كعويل الأسير المكبل، ولا تجعل بقية عمرك للدنيا، وطلبها في أطراف الأرض، حسبك ما بلغك منها ستسلم طائعاً وتعز بيوم فقرك وفاقتك واسعاً في طلب الأمان فإنك في سفر إلى الموت يطرد بك نائماً ويقظان، واذكر سهر أهل النار في خُلد أبداً، وتخوّف أن ينصرف بك من عند الله إلى النار، فيكون ذلك آخر العهد بالله عز وجل وينقطع الرجاء، واذكر أنك قد راهقت الغاية وإنما بقي الرمق، فسدد تصبراً وتكرماً، وارغب عن أن تفني بقية عمرك للدنيا، وخذ منها ما يفرغك لآخرتك، ودع من الدنيا ما يشغلك عن الآخرة".ـ

A Letter to the Governor regarding the pleasant conduct with his Subjects[1]

Al-Walid ibn Mazeed said: Al-Awzaai wrote to the Abi Balj the Governor, saying:

After which:

I ask Allah to divert away from us the leaning away from the Truth after having being informed of it, and being ignorant of that which will benefit, and following desires without Guidance from Him.

Abu ad-Dardaa used to say: You will remain upon goodness as long as you loved the righteous among you, and for as long as Truth is said between you and you acknowledged it, for the one who acknowledges the Truth is like the one acting upon it.

And before you are two matters [2]:

As for one of them [3], then the Book [of Allah] is affirming it, and the Sunnah [of the Messenger] is a witness [to it], and victory with it is granted, and the affairs of the people around it is gathered.

As for the other [4]: then it shall take you from a state of affection [with the people] to a state of hatred and spitefulness with no harmony in it, and to [a state of] greed with no trust in it, and to state of bribery and trade in the Religion rather than acting upon it, until all strength has been drained and corruption [starts to] appear within Islam [5].

I have witnessed letters which had appeared from your [side], with evil statements about excessive punishments [6] and accompanying the Muslims [during your rule] in a rough manner.

The Messenger of Allah (Blessings and Peace upon him) had advised to lower the wing (of gentleness and humility) [to the Muslims], and to show affection towards them, and to establish justice between them.

[He advised] to forgive and pardon those who err, in the matters in which forgiveness and pardoning is praiseworthy, and to punish the guilty from among them in accordance with his sin. [He advised] that their faces is not to be violated with a punishment, for it has reached us that the slap of the face on the Day of Judgment is a matter that is not forgiven, so how should [dealing with someone be] when Death is more pleasant than punishing him [unjustly]?!

He does not even turn his neck towards the boundaries of Allah and does not pause in his conduct upon His Commands. His ignorance makes it appear to him that he is free to choose whatever he wishes in all his matters [without bounds or restrictions], and make his errors [appear to him] as guidance. He is to the boundaries of Allah during his anger disregardful, and in his transgressions upon the Religion of Allah and upon the servants [of Allah] heedlessly obstinate [7].

You have [even] made your Trust over the people of the Dhimmah a feast which you consume based on your desires [8], until the wealth perished and the men were hanged, along with [punishing them with] shaving the beards and cutting the skins [9]. And the Messenger of Allah (Peace and Blessings upon him) said in what has reached us that: “if anyone wrongs a Mu’aahad (i.e. a man given a contract of trust), or burdens him beyond his capacity, then I shall be his opponent [on the Day of Judgement])”.

So what is a greater regret than having the Messenger of Allah (Peace and Blessings upon him) after a little –and very soon- being your opponent!!

These actions – in what has reached us – have caused among the Muslims feelings of resentment, and has caused among some of the people of intellect doubt about their Jihad alongside you, to this effect their letters come to us asking about this matter [10].

I ask Allah to move us and you towards what he commands, and to shield what has previously occurred from us and you with his Mercy.

It has reached us that a brother of Umar ibn Abdul-Azeez, from among the Ansaar, came to him and said:

“If you wish I shall advise you as Umar ibn Abdul-Azeez about matters which you would hate [to hear] today, but you would love [to have heard] tomorrow, and if you wish, I can speak to you today as Amir al-Moemineen in what you would love to hear today, but would hate [and regret not having heard] tomorrow.”

So Umar said: Rather speak to me today, about what I may dislike hearing today, and would love [having heard it] tomorrow.

May Allah make our relationship upon His obedience, and our livelihoods and our abodeupon what He Loves, Ameen.

wa as-Salam [11][12]


[1] Mawaa’iz al-Imam al-Awzaai (p. 79-83) – Sh. Salih Ahmad al-Shaami

[2] Meaning that in front of you, as the governor, are two routes in regards to the way that you will rule and deal with people: [the route of] Justice and Injustice

[3] Ruling with Justice

[4] Ruling with injustice and oppression

[5] Meaning the corruption caused by that other route of ruling established upon what was described previously from transgression and injustice.

[6] Meaning transgressing the boundaries of a just punishment to excessiveness and injustice

[7] The meaning here is that the rulings and punishments through which he treats the people are not governed by the boundaries of Allah, rather are governed by the desires of the Ruler based on his condition of anger and pleasure, and that he is during his anger controlled by ignorance and transgression, and not halting at the boundaries of Allah (the Exalted)

[8] Meaning that you made the treatment of the people of Dhimmah also a matter subject to your desires

[9] This unlawful unjust treatment was not exclusive to the people of Dhimmah, rather as was highlighted earlier in his letter the Muslims were also subjected to oppressive and unjust treatment, and as he said reminding him of the treating them with gentleness and justice: “so how should [dealing with one be] when death is more beautiful than punishing him?!”

[10] Meaning that letters used to come to Imam al-Awzaai asking about the permissibility of Jihad with these rulers, when their situation is as described.

[11] Al-Jarh wa al-Ta’deel 1/200

[12] The letter demonstrates the strength of Imam Al-Awzaai in saying the Truth, and his position in defending the rights of the people, whether they were Muslims or non-Muslims, and that he was a reference to the people [of his time], where they would write to him and their complains about the Rulers used to reach him … And for this, the governor of Sahil region stood upon his grave after he was buried, and said: “May Allah have mercy on you, O Abu Amr, for indeed by Allah, I was more fearful of you than from he who had appointed me [to this position]. Verily, whoever is treated unjustly after you, then let him be patient” (meaning that whoever is treated unjustly after the death of Imam Al-Awzaai would not find anyone who would stand up for him as Imam al-Awzaai used to stand for the rights of the oppressed and those treated unjustly).

pen letter

Some Muslims fell captive in the hands of the Romans, and Abu Ja’far Al-Mansour (the Caliph) delayed ransoming them, so Imam Al-Awzaai wrote him a letter in this regards saying [1]:

After which,

Allah -the Exalted- has given you responsibility over the affairs of this Ummah, so that you may be for Justice an upholder, and for his Prophet (Blessings and peace upon him), in lowering the wing of humility [to the Believers] and showing Mercy to them, an imitator.

The journey of the Polytheist [i.e. Romans] through the Lands of Islam was in the first year. They trespassed [what is] sacred, and they took down [with them] the Muslim women, along with their children, from the strongholds and the forts. And they (i.e. the Muslim women and their children) did not find for them -from among the Muslims- a supporter, nor did they find for them any defenders.

And Indeed, that was from what the people’s hands brought forth, and verily what Allah forgives is more.

For they were as a result of their own sins taken captive, and it was from [the Muslims’] own faults that their young girls were taken away from their shelters, such that the Polytheists can uncover their Awrahs, their infants being under the hands of the Disbelievers, humiliating [the Muslim women and] revealing their feet and legs, turning their sons to the way of Disbelief after Belief, leaving them residing in a state of sadness and sorrow, and subjected them to the harm of [continuous] tears.

And verily, they are within the sight of Allah -the Exalted-, and within His hearing, and He is witnessing the turning back –of the people- from [supporting] them, and dismissing them in the hands of their enemies.

So let Amir Al-Moemineen seek Allah’s assistance, and let him demonstrate sympathy for the weak of his Ummah, and let him take for the sake of Allah a means for them, and let him free himself from Allah’s accountability regarding them by making his greatest concern and the most favoured of matters from the affairs of his Ummah is for him to ransom them.

Allah -the Exalted- has encouraged his Messenger (Blessings and peace upon him) and the Believers to save those who accepted Islam while in the Lands of Polytheism, and said:

وَمَا لَكُمْ لَا تُقَاتِلُونَ فِي سَبِيلِ اللَّهِ وَالْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاءِ وَالْوِلْدَانِ الَّذِينَ يَقُولُونَ رَبَّنَا أَخْرِجْنَا مِنْ هَذِهِ الْقَرْيَةِ الظَّالِمِ أَهْلُهَا وَاجْعَلْ لَنَا مِنْ لَدُنْكَ وَلِيًّا وَاجْعَلْ لَنَا مِنْ لَدُنْكَ نَصِيرًا

{And what is [the matter] with you that you fight not in the cause of Allah and [for] the oppressed among men, women, and children who say, "Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper?"} [Al-Nisaa 4:75]

That, and their was no blame for the Muslims [at the time] for the situation the weak were in, so how then would the case be when [the Muslims] have relinquished the Believing Women [in the hands of the] Polytheists, so that they can see from them that which is forbidden upon us [to see] except through marriage!

Al-Zuhri narrated to me that written in the letter the Messenger of Allah (Blessings and Peace upon him) wrote between the Muhajreen and the Ansaar, is that they are not to leave a Mufrah (2) except that they are to assist him by ransom or wealth, and we do not know that they had at that time any spoils held as a Waqf or any people of Dhimmah [under them] who used to pay them any taxes, [and they did not have anything to give] except their own personal wealth.

And it was reported to me that the Messenger of Allah (Blessings and Peace upon him) said: “I stand up in Prayer, wishing to elongate it, then I hear the crying of a child, so I hasten in my prayers, hating to burden his mother [with his weeping]”. And truly her weeping over her child because of him being clothed with the garment of Kufr is greater than his crying for a few moments while she is standing in her prayers.

So let Amir Al-Moemineen know that he is accountable, and that Allah is going to hold him accountable for what he has of responsibilities, and give him what he has earned [of good], [on the Day] when he shall be made to stand upon the Scales of Justice.

I ask Allah to grant Amir Al-Moemineen his proofs and excuses, and make pleasant his caliphate over the Ummah, and to grant him from Him a great Reward, and peace be upon you.

After receiving this Letter, the Caliph ordered all the Muslim Captives to be Ransomed.

Footnote:

[1] Tahzeeb Hilyat Al-Awliyaa 2/284; Al-Jarh wa Al-Tadeel 1/195

[2] A Mufrah is he who is burdened by a debt or a fine, burdened by rights over him, depressed, and what might be intended here is the Captive.

  chains 2

 

وَقَعَ فِي يَدِ مَلِكِ الرُّومِ الْأُلُوفُ مِنَ الْمُسْلِمِينَ أَسْرَى – وَكَانَ مَلِكُ الرُّومِ يُحِبُّ أَنْ يُفَادِيَ بِهِمْ، وَيَأْبَى أَبُو جَعْفَرٍ – فَكَتَبَ الْأَوْزَاعِيُّ إِلَى أَبِي جَعْفَرٍ كِتَابًا:ـ

أَمَا بَعْدُ، فَإِنَّ اللهَ تَعَالَى اسْتَرْعَاكَ أَمْرَ هَذِهِ الْأُمَّةِ لِتَكُونَ فِيهَا بِالْقِسْطِ قَائِمًا وَبِنَبِيِّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي خَفْضِ الْجَنَاحِ وَالرَّأْفَةِ مُتَشَبِّهًا، وَأَسْأَلُ اللهَ تَعَالَى أَنْ يُسَكِّنَ عَلَى أَمِيرِ الْمُؤْمِنِينَ دَهْمَاءَ هَذِهِ الْأُمَّةِ وَيَرْزُقَهُ رَحِمْتَهَا فَإِنَّ سَايِحَةَ الْمُشْرِكِينَ غَلَبَتْ عَامَ أَوَّلَ وَمَوْطِئَهُمْ حَرِيمَ الْمُسْلِمِينَ وَاسْتِنْزَالُهُمُ الْعَوَاتِقَ وَالذَّرَارِيَّ مِنَ الْمَعَاقِلِ وَالْحُصُونِ، وَكَانَ ذَلِكَ بِذُنُوبِ الْعِبَادِ، وَمَا عَفَا اللهُ عَنْهُ أَكْثَرُ، فَبِذُنُوبِ الْعِبَادِ اسْتُنْزِلَتِ الْعَوَاتِقُ وَالذَّرَارِيُّ مِنَ الْمَعَاقِلِ وَالْحُصُونِ لَا يَلْقَوْنَ لَهُمْ نَاصِرًا وَلَا عَنْهُمْ مُدَافِعًا، كَاشِفَاتٍ مِنْ رُءُوسِهِنَّ وَأَقْدَامِهِنَّ فَكَانَ ذَلِكَ بِمَرْأَى وَمَسْمَعٍ، وَحَيْثُ يَنْظُرُ اللهُ إِلَى خَلْقِهِ وَإِعْرَاضِهِمْ عَنْهُ فَلْيَتَّقِ اللهَ أَمِيرُ الْمُؤْمِنِينَ وَلْيَتَّبِعْ بِالْمُفَادَاتِ بِهِمْ مِنَ اللهِ سَبِيلًا وَلْيَخْرُجْ مِنْ مَحَجَّةِ اللهِ تَعَالَى فَإِنَّ اللهَ تَعَالَى قَالَ لِنَبِيِّهِ: {وَمَا لَكُمْ لَا تُقَاتِلُونَ فِي سَبِيلِ اللهِ وَالْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاءِ وَالْوِلْدَانِ لَا يَسْتَطِيعُونَ حِيلَةً وَلَا يَهْتَدُونَ سَبِيلًا} وَاللهِ يَا أَمِيرَ الْمُؤْمِنِينَ، مَا لَهُمْ يَوْمَئِذٍ فَيْءٌ [ص:136] مَوْقُوفٌ، وَلَا ذِمَّةٌ تُؤَدِّي خَرَاجًا إِلَّا خَاصَّةَ أَمْوَالِهِمْ، وَقَدْ بَلَغَنِي عَنْ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ قَالَ: «إِنِّي لَأَسْمَعُ بُكَاءَ الصَّبِيِّ خَلْفِي فِي الصَّلَاةِ فَأَتَجَوَّزُ فِيهَا مَخَافَةَ أَنْ تُفْتَتَنَ أُمُّهُ» فَكَيْفَ بِتَخْلِيَتِهِمْ يَا أَمِيرَ الْمُؤْمِنِينَ فِي أَيْدِي عَدُوِّهِمْ يَمْتَهِنُونَهُمْ وَيَتَكَشَّفُونَ مِنْهُمْ مَا لَا نَسْتَحِلُّهُ نَحْنُ إِلَّا بِنِكَاحٍ، وَأَنْتَ رَاعِي اللهِ، وَاللهُ تَعَالَى فَوْقَكَ وَمُسْتَوْفٍ مِنْكَ يَوْمَ تُوضَعُ {الْمَوَازِينَ الْقِسْطَ لِيَوْمِ الْقِيَامَةِ فَلَا تُظْلَمُ نَفْسٌ شَيْئًا وَإِنْ كَانَ مِثْقَالَ حَبَّةٍ مِنْ خَرْدَلٍ أَتَيْنَا بِهَا وَكَفَى بِنَا حَاسِبِينَ} [الأنبياء: 47] ـ

فَلَمَّا وَصَلَ إِلَيْهِ كِتَابُهُ أَمَرَ بِالْفِدَاءِ

Baqiyah ibn al-Waleed said: Al-Awzaai said to me:

O Baqiyah, Knowledge is that which came through the Companions of Muhammad (Peace and Blessings of Allah upon him), and that which did not come from the way of the Companions of Muhammad is not Knowledge.

O Baqiyah, do not mention anyone from among the Companions of Muhammad (Peace and Blessings of Allah upon him) except with Goodness, or anyone from among your Ummah [1].

Reference:

[1] Jaami’ Bayaan Al-Ilm wa Fadlih 2/36

حدثنا بقية بن الوليد، قال: قال لي الأوزاعي: يا بقية العلم، ما جاء عن أصحاب محمد -صلى الله عليه وسلم- وما لم يجئ عن أصحاب محمد -صلى الله عليه وسلم- فليس بعلم، يا بقية لا تذكر أحدا من أصحاب محمد نبيك -صلى الله عليه وسلم- إلا بخير ولا أحدا من أمتك، وإذا سمعت أحدا يقع في غيره فاعلم أنه إنما يقول: أنا خير منه

Abu Abul-Malik ibn Al-Farisi said: Abu Hazaan narrated to me about Al-Awzaai, he said: Mustard [plant] was mentioned – and Al-Awzaai used to love it or use it as a remedy – So a man from the people of Saffuriya (i.e. city of Sepphoris) said: I will send you from it, O Abu Amr, for it grows in the wild all around us.

He (i.e. Abu Hazaan) said: So he sent him from it a parcel and sent along with it some questions.

So Al-Awzaai sent the Mustard to the market and had it sold, and then took its price and bought with it papers, in which he answered the man’s questions, and sent back to him saying:

I have not done what I did because of something that may displease you, however, you have sent with it questions, and I feared that it may be seen as a payment for my answers.

Reference:

The Biography of Imam Al-Awzaai – Al-Sirat Al-Mustaqeem

 

Indian mustard - alsiratalmustaqeem

Ibn Abi Al-Hawaari said: Al-Awzaai entered once upon Abi Ja’far Al-Mansour.

When he wished to leave, he asked [the Caliph] to excuse him from wearing black, so [the Caliph] accepted.

When Al-Awzaai left, Abu Ja’far told Al-Rabee’:

Follow him and ask him why he asked to be exempt from wearing black? And [make sure] he does not know that it was I that asked you.

So Al-Rabee’ followed him and said: O Abu Amr, I saw you asking Amir Al-Mo’emineen to be excused from wearing black, what is wrong with black?

So Al-Awzaai said:

My nephew, [it is a color] which no [Pilgrim] wore for his Ihraam, neither was the dead ever shrouded in it, nor a bride ever decorated in it, so what benefit will wearing it bring to me?! [1, 2]

Footnote:

[1] The Abbasid Caliphate had taken the black color as one of their signs, banners, and an indication to loyalty for them. Ibn Al-Qayyim (May Allah shower him with Mercy) said in ‘Zaad Al-Ma’aad’ (3/398) under the Chapter of: ‘The Permissibility of wearing Black’, he said:

“And in this story (i.e. the story of the Conquest of Mecca): That he entered Mecca and on him was a Black Turban, thus in it is evidence of the permissibility of wearing black sometimes.

The Caliphs of the Abbasids [however] had taken wearing black as a sign for themselves and for their governors, judges, and preachers. The Messenger of Allah [Blessings of Allah and Peace upon him] however did not take it as an assigned dress (or color), neither was it ever [taken as] his banner during Eids, Fridays, or during grand gatherings. Rather it happened for him to be wearing a Black Turban during the day of the Opening [of Mecca] without it being so for the rest of his companions. Neither was all his dress on that day black, rather his banner [on that day] was white.”

وفي القصة : أنه دخل مكة ، وعليه عمامة سوداء ، ففيه دليل على جواز لبس [ ص: 403 ] السواد أحيانا ، ومن ثم جعل خلفاء بني العباس لبس السواد شعارا لهم ، ولولاتهم ، وقضاتهم ، وخطبائهم ، والنبي – صلى الله عليه وسلم – لم يلبسه لباسا راتبا ، ولا كان شعاره في الأعياد والجمع والمجامع العظام البتة ، وإنما اتفق له لبس العمامة السوداء يوم الفتح دون سائر الصحابة ، ولم يكن سائر لباسه يومئذ السواد ، بل كان لواؤه أبيض .

[2] Tareekh Baghdad by Ibn ‘Asaakir 35/219

قال ابن أبي الحواري: دخل الأوزاعي على ابي جعفر فلما أراد ان ينصرف استعفى من لبس السواد فأجابه فلما خرج الأوزاعي قال أبو جعفر للربيع الحقه فاسأله لم استعفي من لبس السواد ولا يعلم أنى امرتك فلحقه الربيع فقال يا أبا عمرو رأيتك استعفيت أمير المؤمنين من السواد فما بأس بالسواد قال يا ابن أخي لم يحرم فيه محرم قط ولا يكفن فيه ميت قط ولم تزين فيه عروس قط فما أصنع بلبسه

black cloth


Abu Amr Al-Awzaai said: I was told that it used to be said:

Woe to the Seekers of Fiqh for other than Worship and to those making lawful what is forbidden through doubts [and suspicions].

Reference:

[1] Sunan Al-Daarimi # 187

قال الأوزاعي: أنبئت انه كان يقال: ويل للمتفقهين بغير العبادة والمستحلين للحرمات بالشبهات

Abu ‘Ubayd, Al-Qasim ibn Salaam, narrated:

There were people from among the people of the Covenant, in the Mountain of Lebanon, who initiated a matter. The governor of Al-Shaam (Levant) at the time was Saleh ibn Ali – the uncle of Abu Ja’far Al-Mansour- so he fought them and exiled them altogether from their homes.

So al-Imam Al-Awzaai wrote to him a long letter, and from what he said in it was:

“After which,

[It has reached us that] from among those who were exiled from the People of Dhimmah, of the Mountain of Lebanon, were those who did not assist nor agree with those who rebelled from among them. Neither was this matter one which they agreed on altogether.

[From those who initiated this matter was] a group who were killed, while the others returned back to their villages.

So how can you punish the general population because of the actions of a few, and expel them altogether from their homes and wealth?!

Indeed it has reached us that from the Decrees of Allah –Exalted is He- is that: He does not take (or punish) the general for the deeds (or actions) of a few, but rather He may take the few for the actions of the general, and would then resurrect them all upon their actions (and intentions).

Verily, the best matter which you should follow and stop at is the Ruling of Allah Exalted and Glorified is He.

And the best Will and Advice which you should uphold is that of the Messenger of Allah (Blessings and Peace of Allah upon him) where he said:

“If anyone wrongs a person of covenant, [or diminishes his right,] or forces him to work beyond his capacity, [or takes from him anything without his consent,] then I shall contend against him on the Day of Judgment”.

And indeed whoever was given sanctity over his blood, then he shall have over his wealth too, and [should be treated] with justice likewise, for indeed these people are not your slaves so that you may have the freedom to move them from one land to another as you wish, rather they are free men from the People of Dhimmah [1] …”

Reference:

[1] Adopted from: Al-Amwaal by Al-Qassim ibn Salaam p. 183

قال القاسم بن سلام: وقد كان نحو من هذا قريبا الآن في دهر الأوزاعي بموضع بالشام ، يقال له : جبل اللبنان ، وكان به ناس من أهل العهد فأحدثوا حدثا ، وعلى الشام يومئذ صالح بن علي ، فحاربهم وأجلاهم فكتب إليه الأوزاعي ، فيما ذكر لنا محمد بن كثير عنه ، برسالة طويلة ، فيها : قد كان من إجلاء أهل الذمة ، من أهل جبل لبنان ، مما لم يكن تمالأ عليه خروج من خرج منهم ، ولم تطبق عليه جماعتهم ، فقتل منهم طائفة ، ورجع بقيتهم إلى قراهم ، فكيف تؤخذ عامة بعمل خاصة ؟ فيخرجون من ديارهم وأموالهم ؟ وقد بلغنا أن من حكم الله عز وجل أنه لا يأخذ العامة بعمل الخاصة ، ولكن يأخذ الخاصة بعمل العامة ، ثم يبعثهم على أعمالهم ، فأحق ما اقتدي به ووقف عليه حكم الله تبارك وتعالى ، وأحق الوصايا بأن تحفظ وصية رسول الله صلى الله عليه وسلم وقوله : من ظلم معاهدا أو كلفه فوق طاقته فأنا حجيجه ، من كانت له حرمة في دمه فله في ماله والعدل عليه مثلها فإنهم ليسوا بعبيد فتكونوا من تحويلهم من بلد إلى بلد في سعة ، ولكنهم أحرار أهل ذمة.ـ

Letter Al-Awzaai

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