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The Twelve Renowned Jurists amongst the Sahaaba (Rad)

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#1 [Permalink] Posted on 28th January 2007 21:31
The Twelve Renowned Jurists amongst the Sahaaba (Rad)

From amongst the Sahaaba (Rad); there were twelve personalities whoconcentrated their efforts in Islaamic jurisprudence (Fiqh). Thesewere:

1. Hadhrat Mu'aadh bin Jabal (Rad).
2. Hadhrat Ubayy bin Ka'b (Rad).
3. Hadhrat Abu Dardaa (Rad).
4. Hadhrat Abdullaah bin Mas'ood (Rad).
5. Hadhrat Zaid bin Thaabit (Rad).
6. Hadhrat Ali (Rad).
7. Hadhrat Uthmaan (Rad).
8. Hadhrat Abu Moosa Ash'ari (Rad).
9. Hadhrat Jaabir (Rad).
10. Hadhrat Abdullaah bin Umar (Rad).
11. Hadhrat Abdullaah bin Abbaas (Rad).
12. Hadhrat Mu'aawiya (Rad).

Amongst these Sahaaba (Rad), there were some whom Rasulullaah(sallAllaahu-alayhi-wa-sallam) had permitted to issue Fataawaa(Islaamic rulings) even during his lifetime. People were allowed to acton these Fataawaa.

1. Hadhrat Mu'aadh bin Jabal (Rad)

Rasulullaah (sallAllaahu-alayhi-wa-sallam) said about him: "Mu'aadh binJabal (Rad) has the most knowledge pertaining to halaal and haraam."[Tirmidhi]. After the Qur'aan and Ahadeeth, he also acknowledged thenecessity of Fiqh. Rasulullaah (sallAllaahu-alayhi-wa-sallam) grantedHadhrat Mu'aadh bin Jabal (Rad) permission to exercise his faculty ofreasoning with regard to matters of Deen (Ijtihaad).

During his term as Khaleefa, Hadhrat Umar (Rad) preserves this statusof Hadhrat Mu'aadh bin Jabal (Rad) , and would tell the people,"Whoever wishes to learn Fiqh should go to Mu'aadh ." [Tadhkira, Vol.2Pg.20]. According to the majority of Sahaaba , a Muslim cannot inheritfrom the estate of a non-Muslim. However, Hadhrat Mu'aadh bin Jabal(Rad) and Hadhrat Mu'aawiya (Rad) were the only two who disagreed withthis ruling, and maintained that a Muslim can inherit from anon-Muslim. Nevertheless, every jurist will be rewarded for hisdeductions.

2. Hadhrat Ubayy bin Ka'b (Rad)

He was the best Qaari amongst the Sahaaba (Rad) . Rasulullaah(sallAllaahu-alayhi-wa-sallam) said, "Ubayy bin Ka'b (Rad) is the bestQaari amongst them [the Sahaaba ]." Hadhrat Ubayy bin Ka'b (Rad) usedto perform the Taraaweeh salaah during the lifetime of Rasulullaah(sallAllaahu-alayhi-wa-sallam) as well. He was even appointed as theImaam of the Taraaweeh salaah during the Khilaafah of Hadhrat Umar(Rad) . [As Sinf, Vol.2 Pg.165]

Imaam Abu Dawood (A.R) reports that Hadhrat Ubayy bin Ka'b (Rad)used to lead people through twenty rakaahs (in Taraaweeh)." ImaamTirmidhi (Rh) says that narrations only report Hadhrat Umar (Rad) andHadhrat Ali  to have performed twenty rakaahs Taraaweeh. [Vol.1 Pg.99]

3. Hadhrat Abu Dardaa (Rad)

He was one of the four Sahaaba (Rad) who memorised the entire Qur'aanduring the lifetime of Rasulullaah (sallAllaahu-alayhi-wa-sallam). Hewas a renowned jurist and Qaadhi (magistrate) of Shaam. He issued aruling (Fatwa) to the effect that a Muqtadi (person performing salaahbehind an Imaam) need not recite any Qiraa'ah. He mentioned that therecitation of the Imaam sufficed for the Muqtadi as well. [An authenticnarration of Nasa'ee, Vol.1 Pg.106]

4. Hadhrat Abdullaah bin Mas'ood (Rad)

He was regarded as the highest authority of the Qur'aan after the fourrighteous Khulafaa. Hadhrat Abdullaah bin Mas'ood (Rad) frequented thehome of Rasulullaah (sallAllaahu-alayhi-wa-sallam) so often thatHadhrat Abu Moosa Ash'ari (Rad) mentioned that they thought he was amember of Rasulullaah (sallAllaahu-alayhi-wa-sallam)'s family. HadhratUmar (Rad) also acknowledged that Hadhrat Abdullaah bin Mas'ood (Rad)was proficient in Fiqh and Ahadeeth. Therefore, he appointed HadhratAbdullaah bin Mas'ood (Rad) to be the leading authority of Ahadeeth inthe newly occupied region of Iraq.

Rasulullaah (sallAllaahu-alayhi-wa-sallam) said that the person whodesires to recite the Qur'aan as if it was just revealed, should reciteaccording to the recitation of Hadhrat Abdullaah bin Mas'ood (Rad) .the books of Ahadeeth are filled with Rasulullaah(sallAllaahu-alayhi-wa-sallam)'s praises for Hadhrat Abdullaah binMas'ood (Rad) . Only a person guilty of bid'ah will ever criticise anoble personality like him. Rasulullaah (sallAllaahu-alayhi-wa-sallam)said, "If I was to appoint a deputy without any consultation, I wouldappoint Abdullaah bin Mas'ood (Rad) ."

Hereunder are a few of his rulings:

1. He never raised his hands to his ears when going into Ruku orwhen standing up from Ruku. An authentic hadith of Nasa'ee (Vol.1Pg.158) states that he only raised his hands to his ears once duringsalaah (when beginning). Thereafter, he never raised them again duringthe salaah.
2. He was also of the opinion that Islaamic rulings can be based on thestatements of the learned predecessors and on the deductions ofreasoning (Ijtihaad) when a matter cannot be conclusively resolved by astudy of the Qur'aan and Ahadeeth [Nasa'ee Vol.2 Pg.260]. Therefore, hewas not amongst those who believed that, after the Qur'aan andAhadeeth, they do not require anything else (Fiqh).
3. He greeted Rasulullaah (sallAllaahu-alayhi-wa-sallam) by shaking (whilst using) both hands. [Bukhari Vol.2 Pg.926]

5. Hadhrat Zaid bin Thaabit (Rad)

Rasulullaah (sallAllaahu-alayhi-wa-sallam) mentioned that Hadhrat Zaid(Rad) excelled the other Sahaaba (Rad) in knowledge and virtue. When herode a camel, Hadhrat Abdullaah bin Abbaas (Rad) used to walk holdingthe stirrup. He passed the Fatwaa that the Musallli should neitherrecite Surah Faatiha nor any other Surah with the Imaam. [Muslim Vol.1Pg.215]

6. Hadhrat Ali (Rad)

He was of the opinion that is Sunnah for men to fold the hands below the navel in salaah. [Abu Dawood]
He was of the opinion that the Taraaweeh comprises of twenty Rakaahs. [Tirmidhi Vol.1 Pg.99, Bayhaqi Vol.2 Pg.495]
He issued the Fatwaa that the Eid and Jumu'ah salaahs cannot beperformed in villages. [Musannaf of Abdur Razzaaq Vol.3 Pg.167, Ibn AbiShayba Vol.1 Pg.439 - this narration is authentic].

7. Hadhrat Uthmaan (Rad)

He regarded three Talaaqs (divorces) in one sitting to be three.When a person issued a thousand Talaaqs at once, Hadhrat Uthmaan (Rad)said that the woman is separated with three Talaaqs. [Fat'hul QadeerVol.3 Pg.330, Zaadul Ma'aad Vol.2 Pg.259]. Although there was a periodof discord between Hadhrat Uthmaan  and Hadhrat Abdullaah bin Mas'ood(Rad) , the two were eventually reconciled. A testimony to thisreconciliation was when Hadhrat Uthmaan (Rad) led the Janaazah(funeral) salaah when Hadhrat Abdullaah bin Mas'ood (Rad) passed away.

Hadhrat Uthmaan (Rad) was opposed to liberal thinking and believed thatthe Muslims owed their prosperity to the fact that they followed in thefootsteps of their predecessors. He once mentioned, "You people haveachieved what you have because of emulation. Never let the world swayyou from your affairs." [Tareekh Ibn Jareer, Vol.5 Pg.45]

When he was appointed as the Khaleefa, an undertaking was takenfrom him that he would strictly follow Hadhrat Abu Bakr (Rad) andHadhrat Umar (Rad) and would not change what they implemented. WhenHadhrat Ali (Rad) became Khaleefa after Hadhrat Uthmaan (Rad) , he alsodid not change anything that his predecessors had implemented. Theseillustrious personalities saw nothing wrong in emulating the ways oftheir predecessors.

Haafidh Ibn Hazam (Rh) writes, "Thereafter Hadhrat Ali (Rad) assumedthe post of Khilaafah. He neither altered a single law implemented byHadhrat Abu Bakr (Rad) Hadhrat Umar (Rad) or Hadhrat Uthmaan (Rad) ,nor did he annul any of the pacts they made." [Al-Fasl, Vol.4 Pg.97]Hadhrat Abdullaah bin Umar (Rad) stated that Hadhrat Uthmaan (Rad) hadnever committed any major sin as far as they knew. [Kitaabut Tamheedwal Bayaa, Pg. 184/5 - Beirut print]

8. Hadhrat Abu Moosa Ash'ari - Abdullaah bin Qais (Rad)

He was amongst those Sahaaba (Rad) who migrated from Makkah toAbysinnia. Hadhrat Umar (Rad) appointed him as the governor of Basrah,and he was also the governor of Kufa when Hadhrat Uthmaan  wasmartyred. Hadhrat Ali (Rad) nominated him to be the arbitrator from hiscamp when the warring Muslim factions entered into an arbitration.Thereafter, he returned to Makkah, where he passed away during the 54thyear after the Hijrah.

Hadhrat Abu Moosa Ash'ari (Rad) has reported the hadith whereinRasulullaah (sallAllaahu-alayhi-wa-sallam) instructed the Muqtadi toremain silent while the Imaam recited the Qiraa'ah. Imaam Muslim (Rh)reports this hadith from Hadhrat Is'haaq bin Ibraheem, who reports fromHadhrat Ibn Jareer (Rh), who reports from Hadhrat Sulaymaan Taymi (Rh),who reports from Hadhrat Qataada (Rad), who reports from Hadhrat AbuMoosa Ash'ari (Rad) , whose words are quoted from Rasulullaah(sallAllaahu-alayhi-wa-sallam). Rasulullaah(sallAllaahu-alayhi-wa-sallam) says, "Remain silent when the Imaamrecites." Imaam Muslim (Rh) says that he regards this hadith to beauthentic. [Vol.1 Pg.174]

It has been reported from Hadhrat Abu Hurairah (Rad) that theperson who misses the Surah Faatiha recited by the Imaam has missed agreat good. Imaam Maalik (Rh) reports that he said, "Whoever loses therecitation of Ummul Qur'aan (Surah Faatiha) has indeed lost a greatgood." [Mu'atta of Imaam Maalik, Pg. 29 - Egypt print] He did not saythat the person who misses the recitation of Surah Faatiha has lost thesalaah or should recite it himself. He was therefore of the opinionthat the Muqtadi should not recite Surah Faatiha.

9. Hadhrat Jaabir bin Abdillah (Rad)

Hadhrat Jaabir (Rad) passed the Fatwaa that Rasulullaah(sallAllaahu-alayhi-wa-sallam) referred to the person performing salaahalone when he said that salaah which cannot be made without SurahFaatiha. Rasulullaah (sallAllaahu-alayhi-wa-sallam) did not refer tothe Muqtadi when he said this. Salaah will be in order when a Muqtadidoes not recite Surah Faatiha. [Tirmidhi, Vol.1 Pg.42 and Mu'atta ofImaam Maalik, Pg.105]

Based on this statement of Hadhrat Jaabir (Rad) , Imaam Ahmed (Rh)[who was the Ustaadh (teacher) of Imaam Bukhari (A.R)] issued theruling that the person performing salaah by himself is referred to inthe hadith: "There is no salaah for the one who does not reciteFaatihatul Kitaab i.e. Surah Faatiha". [Tirmidhi Vol.1 Pg.42] HadhratSufyaan bin Uyayna (Rh) has issued the same Fatwaa.

10. Hadhrat Abdullaah bin Umar (Rad)

The student of Hadhrat Abdullaah bin Umar (Rad) , Hadhrat Mujaahid(Rh) says, "I performed salaah behind Hadhrat Abdullaah bin Umar (Rad)and he never raised his hands except for the first Takbeer (Tahreema)."[Tahaawi, Vol.1 Pg.110 - the hadith is authentic].

Therefore, he never raised his hands when proceeding into Ruku. Onthe other hand, certain narrations report that Hadhrat Abdullaah binUmar (Rad) used to raise his hands when proceeding into Ruku. HaafidhIbn Hajar Asqalaani (Rh) reconciles the two narrations by saying thatHadhrat Abdullaah bin Umar (Rad) sometimes raised his hands andsometimes did not [Fat'hul Baari, Vol.4 Pg.140]. This proves that theSahaaba (Rad) did not regard this act to be an emphasised Sunnah. Itwas therefore not their constant practice.

Hadhrat Abdullaah bin Umar (Rad) also said, "When any of you performsalaah behind an Imaam, the recitation of the Imaam is sufficient forhim (i.e. he will not have to recite any Qiraa'ah himself). However, ifhe performs salaah on his own, he will have to recite." [Mu'attaPg.107]

He also mentioned that the Maghrib salaah is the Witr salaah of theday. [Mu'atta of Imaam Maalik Pg.110] Therefore, like Maghrib, the Witrsalaah will also comprise of three consecutive rakaahs with Tashahhud(sitting posture) after the first two.

11. Hadhrat Abdullaah bin Abbaas (Rad)

He enjoys a high status amongst the Sahaaba . According to him,three Talaaqs (divorces) issued at once will be regarded to be threeTalaaqs. Therefore, his Fatwaa was not that which is reversed in anarration of Muslim. The narration of Muslim pertains to a woman whosemarriage was not yet consummated. [Nasa'ee, Vol.2 Pg.83]

12. Hadhrat Ameer Mu'aawiya (Rad)

He was privileged to be a scribe of Qur'aanic revelation. HadhratAbdullaah bin Abbaas (Rad) (whom Hadhrat Umar (Rad) ranked amongst theveterans of Badr) acknowledged that Hadhrat Mu'aawiya (Rad) was ajurist and a Mujtahid. [Bukhari Vol.1 Pg.531]

Hadhrat Mu'aawiya (Rad) used to write both the Qur'aan, as well asthe letters of Rasulullaah (sallAllaahu-alayhi-wa-sallam). HadhratHasan (Rad) handed over his rule to Hadhrat Mu'aawiya (Rad) , therebymaking Hadhrat Mu'aawiya (Rad) the undisputed Ameer of the entire Ummahat that time. Hadhrat Hasan (Rad) and his brother Hadhrat Husain (Rad)both took the pledge of allegiance at the hands of Hadhrat Mu'aawiya(Rad) . They both also accepted the allowances that he stipulated forthem.

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