CHAPTER III
PROMINENT TEXTS IN THE PEACE TREATY
The form of the Peace Treaty, whose objective elements are religiously and politically importan, is a new proof for the success which Al-Hasan achieved. In the meantime it indicates that he had a high politico- religiuous viewpoint.
In the light of what has been narrated on the autherity of Al-Hasan such as arrangements and laws that were the best of the political acts during his time, it is an act of truthfulness to admit that Al-Hasan had excellent political abilities. If he had been allowed to put his outstanding political abilities into effect, he would have been most brilliant Muslim politician. Moreover, deprivation of the authority and failure in a certain field due to certain conditions are not proofs for showing weakness or criticism. For there are many undoubful and unquestionable proofs that indicate that Al-Hasan had careful consideration, strong arrangements, and high opinions.
Personal abilities play an important role in the practical field even though they are exposed to deprivation and failure. This great man (ie, Al-Hasan) was full of these abilities. Thus he was able to preserve the live of all the community in present and future times. That is because these abilities helped Him, peace be on Him, to make a plan with conditions in an excellent manner to face his opponents.
From the eloquence of the Peace Treaty and its five iterm, you understand that Al-Hasan did not treat his matter at raddom, nor did he deal with it part by part or section by section. Rather he put an idea with coherent parts and regular dimensions. Also you understand that Al-Hasan did his best to find the most practical conditions as precasutionary steps to maintain his legal right to authority and to preserve his position and the position of his brother, and to facilitate
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the affairs of his family. In the Peace Treaty, Al-Hasan asked Mu'awiya to give security ot his Shi'a (followers) and the Shi'a of his father. Also he asked Him to spend one million dirhams on the orphans who belonged to his Shi'a. With this sum of money, Al-Hasan wanted to reward them for their steadfastness with Him and their loyalty to his father. He wanted to keep them as trustees for his doctrine and as loyal supporters to strenghen his position and the position to his brother on the day when the situation would return to normal. Through the Peace Treaty, Al-Hasan handed authority to Mu'awiya provided that the latter should act according to the Book of Allah, the Snna (practiices) of the prophet, may Allah bless Him and his family, and the Sira (practices) of the Orthodox Caliphs. In this way, Al-Hasan was able to reduce the autority of his enemy. In other words he reduced the violations of his enemy through the foregoing conditions. That is because the violations of Mu'awiya cannot be counted and were sever in punishement. This indicates that Al-Hasan was the most knowldgeable of all people in Mu'awiya and is moral abilities towards these conditions.
Moreover, the Peace Treaty was the document which the two parties (ie, Al-Hasan and Mu'awya) signed to conform to the conditions where in. Accordingly, the Peace Treaty was at most the matter of limited material things which one of the two parties (ie Mu'awiya) wanted to get. In the meantime it wa the matter of limitless spritual things which the second party (ie , Al-Hasan) obtainded.
Through his reconciliation with Al-Hasan, peace be on Him, Mu'awiya did not intend to get anything but to take the reins of government. However, when Al-Hasan hand over authority to Mu"awiya, he intended to safeguard his doctrine from the distortion and his Shi'a from destruction, and to underline that the usurped right (to authority) should be returned on the day when Mu'awiya would die.
It is an act of correctness that we do not understand the meaning of the peace Treaty but through this facet.
To understand clearly the aims of two parties, we have to analyze words on the day when they made peace with each other.
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1. The Declarations of the two Parties
It is enough for us to mention the words which Mu'awiya said concerning the Peace Treaty with Al-Hasan, peace be on Him. Many historians have narrated these words on his authority. Among them is b. Kuthayr, who has reported these words of Mu'awiya: "We are sutisfied with it (ie, the peace Treaty) (to take the reins of) government."
1
When Mu'awiya exchanged letters with Al-Hasan to pave the way to Peace Treaty, he said: "It is for you that you are not ruled with wrong, the affairs are not excuted without you, and you are not disobeyed in any affair.
2
It is enough for us to mention the declarations which Al-Hasan said to make his Shi'a understand the backgrounds of his reconciliation with Mu'awiya: "you do not know what I have done. By Allah, what I have done for my Shi'a is better than what the sum rises over," Also what he said one day to Bashir al-Hamadani who was among the chiefs of his Shi'a in Kufa: "With my reconciliation I wanted nothing but to drive killing away from you.
3 Also what he said in his speech after peacemaking: "Men, Allah has guided you (to belief) with the foremonst ne of us, and prevented your blood from shedding with the last one of us. I hve made peace with Mu'awiya while I know that it may be a tribulation and a provision till a time.
4
These declarations and the many ones similar to them, whether they belonged to Al-Hasan, peace be on Him, or to Mu'awiya help us understand the document signed by two parties. two parties intended the document signed by two parties. The two parties intended to achieve the aims which we have already mention: Mu,awiya intended to achieve his ambition through assuming power, while Al-Hasan made a plan to save his Shi'a from killing, to preserve
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1. Ibn Kuthayr, al-Kamil fi al-Tarikh, vol.6, p.220.
2. Ibn Abu al-Haddid, sharh Nahj al-Balagha, vol.4, p.13.
3. Ibn Qutayba al-Daynwari, al-Imama wa al-Siyasa, p.203.
4. al-Yaqubi, Tarikh, vol.2, p.129.
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his religious doctrines that were better than the sun rose over, and to make peace with Mu'awiya for a fixed time.
Now, there is no wonder when we mention the truth as it is and refer to the deviation (from the truth) of many historians who distorted the aims of the two parties and misunderstood their words. you may find that the Peace Treaty itself and the declarations of the two parties have never mentioned a pledge of allegiance, nor Imamate, nor caliphate (succession). So why have some historians claimed that? For example, b. Qutaybe al-Daynwari said that Al-Hasan pledgeg allegiance to Mu'awiya for the Imamate.
Before we discuss this matter or thsoe who believe in it, it is better for us to shed light upon the Islamic caliphate which was attributed to Mu'awiya b. Abu Sufyan and the Islamic Law that prevented the people from pledging allegiance to those who were like Him. In this connection, we say:
Mu'awiya and the Succession
We have already mentioned that the succession in Islam after the Apostle of Allah, may Allah bless Him and and his family, should be for those who were similar to Him in all his outstanding qualities and the neither the freed prisoners, nor his son, nor those who became Muslims after the Conquest of Mecca had the right to succeed the Prophet as Umar b. al-Khattab said. Also we have previously said that the cliphate (succession) after the Prophet, may Allah, bless Him and his family, would last for thirty years, and then a biting king would take it. (The sunnis have corrected tradition). We have also said that the Imamate wsas concluded through the textual nomination (as the Shi'a and the Mu'tazilites believe) and that the victory and force made the unlawful thing lawful. Therefore it is not correct to take the Caliphate by force. Also it is not correct to impose it on the Muslims by force. Besides the person who succeeded the Prophet, may Allah blss Him and his family, had no right to oppose his (the Prophet's) rules openly and secretly, while Mu'awiya had violated them openly and secretly when he comitted ugly deeds such as adding the adulterer to his
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lineage, performing Friday prayer on Wednesday, and breaking the pledge he made with Allah.
Moreover, from the time of Mu'awiya till this time, the learned people in the Islamic community have not regarded Mu'awiya authority over the Muslims as succession, in the full sense of the world. They have not regarded Him as successor after the Apostle of Allah, may Allah bless Him and his family. Noteworthy the Umayyad nominal successors and their followers volunteered to propagate that for one thousand months. That was the period of their dynasty in Islam. During this period of time, they spent bribes generously, and fabricated traditons and stories according to their plans and desires. Still Mu'awiya was mere worldly king and nominal caliph.
After Mu'awiya had taken reins of government, Sa'd b. Abu Waqqas came to Him and said: "King as-salamu alayka!" Mu'awiya smiled at Him and said: "Abu Ishaq, what prevent you from saying: Commander of the faithful,? Sa'd said: "Do you say this cheerfully? By Allah, I dislike to call you the Commander of the faithful as I called Him (ie Ali) with it."
1
In a long speech, b. Abbas said to Abu Musa al-Ash'ari: "Mu'awiya has no quality to be a successor."
2
To oppose Mu'awiya's succession, Abu Hurayra has narrated the following on the authority of the Apostle of Allah, may Allah bless Him and his family, The successor(Khilafa) is in Medina and the king is in Syria (sham)."
3
Ibn Abu Shayba has narrated: "Sufayna, the servant of the Apostle of Allah (may Allah bless Him and his family), was asked about the worthiness of the banu (sons) of Umayya of the succession (Khilafa), so he said: "The banu of al-Zarqa' (ie, the Umayyads) have told lies.
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1. Ibn al-Athir, al-Kamil fi al-Tarikh, vol.3, p.163. Mohammed b. Aqil, al-Nasa'ih al-Kafiya. p.158.
2. Al-Mas'udi, Hamish b. al- Athir, vol. 6, p. 7.
3. Ibn Kuthayr, al-Biday wa al-Nihaya, vol.6, p.321.
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Rather they are king from the evil kings. Mu'awiya is the first of them."
1
A'isha was astonished to hear that Mu'awiya claimed that he was the successor (Khilafa). He heard of that, so he said: "How wonderful! A'isha claims that I am inappropriate for the Caliphate. May Allah forgive her. Why does she oppose that?"
2
Abu Bakr (Zyyad's half brother, on his mother's side) attended the meeting of Mu'awiya. The latter said to Him: Abu Bakr, tell us. Abu Bakr (as b. Sa'd narrated) said: "I heard the Apostle of Allah, may Allah bless Him had his family saying: "The succession (Khilafa) will last for) thirty (years), then the king (will come). Abd al-Rahman b. Abu Bukr said: "I was with my father, so Mu'awiya ordered us to be pushied in the back till we were taken out."
3
Mu'awiya asked S'asa' b. Sohan al-Adi: "Which of the calips do you regard me.?
S'asa'a said: "What do you think of the caliph who have ruled the people by force, subjugated them with haughtiness, and assumed power through false ways (such as) telling lies and cunning? Indeed, by Allah, you had neither a sword nor a spear at (the Battle of )Badr. you and your father were in the war and the trade. you were from those who provoked (the people) against the Apostle of Allah, may Allah bless Him and his family. Indeed, you are a freed prisoner and the son of a freed prisoner. The Apostle of Allah, may Allah bless Him and his family, released you. So is the succession to authority appropriate for the freed prisoners?"
4
Al-Mughira b. Shu'ba came to Mu'awiya, then left Him and said to his son:" I have come from the most evil of all people."
5
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1. Mohammed b. Aqil, al-Nasa'ih al-Kafiya (Iran), p. 153.
2. Ibn Abu al-Haddid, Sharh Nahj al-Balagha, vol.4, p.5.
3. Mohammed b. Aqil, al-Nasa'ih al-Kafiya, p.159.
4. Al-Mas'udi, Hamish b. al-Athir, vol.6, p.7.
5. Al-Mas'udi, Muruj al-Dhahab, vol.2, p.342. Ibn Abu al-Haddid, Sharh Nahj al-Balagha, vol.2, p.357.
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Mu'awiya's governor Samra cursed Him the day when he removed Him from the authority of Basra. He (Samra) said: "My Allah curse Mu'awiya, by Allah, if I had obeyed Allah as I obeyed Him (Mu'awiya), He (Allah) would have never tortured me."
1
Al-Hasan al-Basri said: "Mu'awiya had four qualities. If he had only one of them, it would have been a grave sin: he controlled this advise, while among it was the rest fo the Companions ( of the Prophet) and the virtuous. He appointed his son as successor, while he was drunkard, wore silk, played on the mandolins. He claimed that Zyyad was (his brother), while the Apostle of Allah, may Allah bless Him and his family, said: "The child is for bed and the prostitute is stoned."
2 Moreover, he killed Hijr, woe unto from Hijr and the Companions of Hijr."!
After the peace Treaty, the Mu'tazilites refused to pledge allegiance to Mu'awiya. They isolated themslves from both Al-Hasan and Mu'awiya. for this reason thet called themselves the Mu'tazilites.
3
Then the days of Mu'wiya passed, so the jurists of the Four Schooles have regarded Him as an example of the oppressive ruler.
4
Also he became the aggressor against whom fighting was obligatory according to the idea of Abu Hanifa al-Nu'man b. Thabit.
5
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1. Mohammed b. Aqil, al-Nasa'ih al-Kafiya, p.9.
2. Al-Tabari, Tarikh, vol.b, p.157.
3. Mohammed b. Ahmad (died 377 A.H), al-Tanbih wa al-Radd ala Ahl al-Ahwa wa al-Buda, p.28.
4. That is because they have agreed on that it is permitted for the oppressive ruler to assume judgeship according to the act of the Companions who permitted Mu'awiya assume judgeship.
5. Abu Hanifa said: 'Do you know why the Syrians hate us?" No, they asnwered. he said: That is because we think that if we had joined the Camp of Ali, b. Abu Talib, may Allah honor Him, we would have help Him against Mu'awiya and fought the latter for former. For this reason they hate us. See, Mohammed b. Aqil. al-Nasa'ih al-Kafiya, p.36, in what he has narrated on the authority of Abu shakur in his book al-Tamhid fi Bayan al-Tawhid.
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So I (ie the author) wonder; where is the succession (Khilafa)?
Al-Mu'atazid al-Abbasi came (to power). He propagated again the dees of Mu'awiya, his great disasters what was said concerniing Him, and what was narrated regarding Him, He summoned the Mulims to curse Him though the royal decress which was announced to the people in the year 284 A. H.
1
Having mentioned the succession of Al-Hasan b. Ali, peace be on them, al-Ghazali said: "The Caliphate reached the people who assumed it without worthness."
2
The most wonderful words said concerning Mu'awiya in the sixth century A.H, wer those of the chief of Basra: "Mu'wiya was like the false dirham."
3
Ibn Kuthayr declared that Mu'awiya was not successor according to the previous tradition (of the Prophet): "We have already mentioned that succession after Him (ie, the Prophet), peace be on Him, would (last) for thirty years, then a king (would come). surely, the thirty year were over in (the beginning) of the succession of Al-Hasan b. Ali, so days of Mu'awiya were the beginning (of the authority) of the king.
4
After al-Dimyari (died 808 A.H) had mentioned the period of the succession of Al-Hasan, peace be on Him, he said: "It (ie, the period of the succession of Al-Hasan) was the end of what the Apostle of Allah, may Allah bless Him and his family, said concerning the period of the succession, then it (the caliphate would be assumed by) a biting king, then it would be tyranny and corruption in the earth, that ocurred as the Apostle of Allah, may Allah bless Him and his family,
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1. Al-Tabari, Tarikh, vol.11. p.355.
2. Farid Wajid, Da'irat Ma'arif al-Qarm al-Iahrin, vol.3, p.231.
3. Dr. Mustafa Jawad, Abu Ja'far al-Naqib (Baghdad), p.41.
4.Ibn Kuthayr, al-Bidaya wa al-Nihaya, vol.8, p.19.
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said."
1
At last, Mohammed b. Aqil, wrote his valuable book al-Nasa'ih al-Kafiya Liman yatawalla Mu'awiya. Indeed, the book is the decisive idea concerining the matter of Mu'awiya. The book was printed twice. Please, see the book.
The Islamic Law refuses such a kind of succession. Mu'awiya clearly disobeyed the Prophet, may Allah bless Him and his family. The learned people blamed Him for that. Therefore we think that there is o need to go on discussing the subject: Mu'awiya and the Succession.
Like the other Muslim leader, Al-Hasan Himself, after he had handed over the authority to Mu'awiya, was clear in denying Mu'awiya's succession. In his speech on the day when he held a meeting in Kufa, Al-Hasan said: "Mu'awiya has claimed that I have seen Him worthy of the succession, and I have not seen myself wothy of it. Mu'awiya have told lies. We are the wothiest of all people of the Book of Allah, the Great and Almighty, as His Apostle said." We will mention his peech in chapter 18.
In another speech, after the Peace Treaty, Al-Hasan said in the prence of Mu'awiya: "The c'Aliph is not he who believes in oppression, stops the laws, and the regards the life in this world as father and mother. Howeve, that is a king who obtains supreme authority to enjoy it, hastens towards its pleasure, pays no attention to its final consequence. So he is as Allah, the Great and Almighty, said: "And I do not know of this may be a trial for you and provision till a time."
2
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1. Al-Dimyari, Hayat al-Hayawan al-Kubra, vol.1, p.58.
2. Al-Bayhaqi, al-Mahasin wa al-Masawi', vol.2, p.63. Other authors have mentioned this speech.
