The position and status of Lady Fatimah Zahra (peace be upon her) before God and His Messenger (peace be upon him and his family) is an evident matter according to narrations. There are numerous hadiths that describe her personality, status, and role, to the extent that scholars from both Shia and Sunni traditions have compiled separate books to gather these narrations. However, the question remains: after the passing of the Messenger of God (peace be upon him and his family), was the honor of this great lady preserved? A review of history provides a clear answer to this question.
One of the significant events that occurred after the death of the Prophet (peace be upon him and his family) concerning his family was the confiscation of Fadak and the rejection of Lady Fatimah Zahra’s (peace be upon her) claim to ownership of Fadak. Many scholars and prominent figures from Sunni tradition acknowledge that Fadak was the property of Fatimah (peace be upon her) during the lifetime of the Prophet (peace be upon him and his family) and that it was given to her as a gift by the Prophet (peace be upon him and his family)[1]. Thus, Fadak was in the possession of Lady Fatimah (peace be upon her). However, after the death of the Prophet (peace be upon him and his family), the caliph took it from her [2] and asked for witnesses to prove her claim of ownership.
Although it is universally agreed that requesting a witness under these circumstances is against the common norms, jurisprudential principles [3], and legal standards, even if it were assumed that he could ask for a witness, history records that Imam Ali (peace be upon him) testified to the ownership of Fatimah (peace be upon her). So why should his testimony not be accepted? It has been suggested that “perhaps the caliph’s ijtihad was that the testimony of a single witness should not be accepted, even if he knew the witness was truthful”[4]. However, the Prophet (peace be upon him and his family) accepted the testimony of a single witness in the case of Khuzaimah al-Dhul-Shahadatayn, and this is mentioned in both Shia and Sunni books[5]. Furthermore, in another narration, it is recorded that the Prophet (peace be upon him and his family) accepted the testimony of Abdullah ibn Umar in a case where he was the only witness, a narration found in Sahih Bukhari[6]. In the case of Fadak, however, the testimonies of Imam Hasan, Imam Husayn (peace be upon them), and Umm Ayman, who was testified by the Prophet (peace be upon him and his family) as one of the inhabitants of Paradise[7], were also given, but none of them were accepted.
Another issue is that the caliph did not maintain a consistent approach toward this matter. In some similar cases, he accepted individuals’ claims without asking for witnesses. For example, Bukhari and Muslim narrate from Jabir ibn Abdullah Ansari that when the wealth of Bahrain was brought to the caliph, he was present and said: “The Messenger of God (peace be upon him and his family) told me that when the wealth of Bahrain arrives, I would be given some of it.” The caliph then told him, “Go and take whatever the Prophet promised you”[8]. Indeed, the Prophet (peace be upon him and his family) was no longer alive, and Jabir claimed that the Prophet (peace be upon him and his family) had promised him a specific amount of the Bahrain wealth. When the wealth arrived, the caliph accepted Jabir’s claim simply based on his word, without asking for any proof, and ordered that he be given what he claimed.
Even if we assume that Fatimah and her family (peace be upon them) are not infallible, and that Fatimah (peace be upon her) is not a part of the Prophet’s (peace be upon him and his family) flesh, and Fadak was not in her possession during the lifetime of the Prophet (peace be upon him and his family), there is no doubt that she was one of the most prominent figures among the companions. Even if all the virtues of Fatimah (peace be upon her) are disregarded, what difference is there between her claim and Jabir’s, since both were companions of the Prophet?
Thus, the Fadak issue is not simply about property or land, but it represents a matter of injustice toward Lady Fatimah (peace be upon her), the violation of her rights, and the lack of respect for her. More than that, it is a matter of her suffering, being rejected, and enraged. For someone who never lied in her life, who was called “Al-Siddiqa,” and who, according to Aisha, “was more truthful than anyone except her father”[9], to be asked for witnesses to verify her truthful claim and then to have the testimony of the truthful witnesses rejected is an endless injustice. This was not the only injustice done to her, as the violation of her home and her being struck are also remnants of the injustice she endured after the Prophet. Ultimately, in the peak of her suffering, she was the first to join the Prophet (peace be upon him and his family), and her cry of injustice became immortalized in history…
(Taken from The Injustice Against the Greatest Lady by Ayatollah Sayyid Ali Hosseini Milani, with some changes and additions)
Footnotes:
[1] Bazzar, Abu Ya’la, Ibn Abi Hatim, and Ibn Mardawayh narrate from Abu Sa’id al-Khudri that when the verse “And give the near relatives their due…” was revealed, the Messenger of God (peace be upon him and his family) called Fatimah (peace be upon her) and gave her Fadak. This hadith is also narrated from Ibn Abbas (Al-Durr al-Manthur, Volume 5, Page 273). Other narrators of this hadith include Hakim al-Nishaburi, Ibn Hajar al-Asqalani, Tabarani, Ibn al-Najjar, Haythami, Dhahabi, Suyuti, and others.
[2] Al-Sawa’iq al-Muhriqah, Volume 1, Page 157 – Tarikh al-Madina Ibn Shabah, Page 142
[3] According to the jurisprudential principle of “Yad,” when something is in a person’s possession, there is no need to provide proof to establish ownership, and the burden of proof lies with the claimant.
[4] Sharh al-Mawaqif, Volume 8, Page 356
[5] Sahih Bukhari, Volume 6, Page 116 – Al-Kafi, Volume 7, Page 401
[6] Sahih Bukhari, Volume 3, Page 165
[7] Tabaqat al-Kubra, Volume 8, Page 179 – Al-Isabah Ibn Hajar, Volume 8, Page 359
[8] Sahih Bukhari, Volume 5, Page 172 – Sahih Muslim, Volume 4, Page 1805
[9] Mustadrak Hakim, Volume 3, Page 175