The two 1 sheikhs mentioned a tradition narrated by Abu Hurayra that the Prophet had said: " There were two women with their two babies. A wolf came and snatched one of the babies. The women disputed that each pretended the baby was eaten by the wolf was of the other. They went to Prophet David to judge between them. He judged that the remained live baby was the elder woman's baby. They went to Prophet Solomon, the son of Prophet David, and told him their story. He said: "Bring me a knife 2 to cut the baby into two halves to give each one a half." The younger woman cried: "Please, don't do that, Allah may have mercy upon you. It is of that woman." Then Prophet Solomon judged that the baby was of the younger woman." Abu Hurayra said: "I swear by Allah that I haven't heard of sikkeen (knife) before that. We called it midya (knife)."
We have some notes about this tradition:
First: David (s) was a prophet, whom Allah had delegated to guide His people and entrusted to rule on the earth with justice. Allah said: (O Dawood! surely We have made you a ruler in the land; so judge between men with justice) 38:26 (Quran). Allah had praised him in the holy Qur'an by saying: (..and remember Our servant Dawood, the possessor of power; surely he was frequent in returning (to Allah). Surely We made the mountains to sing the glory (of Allah) in unison with him at the evening and the sunrise, And the birds gathered together; all joined in singing with him. And We strengthened his kingdom and We gave him wisdom and a clear judgement) 38:17-20 (Quran), and: (And most surely he had a nearness to Us and an excellent resort) 38:40 (Quran), and: (and certainly We have made some of the prophets to excel others, and to Dawood We gave a scripture) 17:55 (Quran). Allah had favoured Prophet David with the Book of Psalms. He was infallible, especially in judgement and rule according to what Allah had said in the Qur'an: (and whoever did not judge by what Allah revealed, those are they that are the unjust) 5:45 (Quran). The son Solomon was the inheritor of his father David's knowledge, wisdom and rule. He also was an infallible prophet. Hence, how could he break his father's judgement though he knew very well that his father was an infallible prophet? If, nowadays, a mufti having all the legal conditions of judgement judges between two persons, then it will be compulsory for all the other muftis to regard the validity of his verdict unless they know certainly that it is wrong. But among the prophets wrong was impossible because they all were infallible. So it was not possible for Solomon, who was a prophet, to break the verdict of his father, whom Allah had made prophet and ruler. His breaking the verdict of his father meant denying the will of Allah and impoliteness and impiety towards his father.
Second: The contradiction between the verdicts of these two prophets was clear, according to this tradition. It means that one of them was wrong. This was impossible for the prophets especially when they judged according to the laws of Allah. Allah said: (..and whoever did not judge by what Allah revealed, those are they that are the transgressors) 5:47 (Quran).
Third: The tradition showed that David (s) had judged that the baby was the elder woman's baby without any evidence just because she was the elder. Judgements like these didn't come except from an ignorant man, who didn't know anything about the legal criteria and the laws of trials. Glory be to Allah and His prophets.
Fourth: Solomon judged that the baby was the younger woman's baby just because she feared for the baby to be cut by the knife. This was not an enough evidence for Solomon to judge according to it, especially after that the younger woman had confessed that it was the other woman's baby and after his father's judgement.
Fifth: I wonder, by Allah, at those who believed Abu Hurayra when he said: "I swear by Allah that I haven't heard of sikkeen before that. We didn't call it but midya." Sikkeen was more common among the Arabs, and I don't think that there was one who didn't know its meaning. In fact, many of the common people didn't know the midya. Did Abu Hurayra not read or hear Allah saying in sura of Yousuf 3: (...and gave each of them a (sikkeen) knife) 12:31 (Quran).
Didn't he, himself, narrate that the Prophet (s) had said: "He, who was made a judge for people, as if he was slaughtered without a (sikkeen) knife." 4
NOTE
Abu Hurayra thought that David and Solomon (when they gave judgement concerning the field..) 21:78 (Quran), were contradictable in their judgements so it became easy for him to fabricate that imaginary story where he didn't know that they both were right and the judgement and knowledge of each of them were from Allah.
The case was that some sheep had entered into a vineyard, which its grapevines' clusters had come out, and ate it in the night. The vineyard keeper and the sheep keeper went to Prophet David (s) to judge between them. He found, according to the Sharia revealed to him by Allah, that he had to judge that the vineyard keeper would take the sheep because the value of the sheep was equal to the value of the damage in the vineyard. When he wanted to give his judgement, Allah abrogated it by revealing to Solomon, who was a partner with his father in prophecy, that the judgement in this case was to give the sheep to the vineyard keeper to make use of their milk and wool and to give the vineyard to the sheep keeper to restore it as it was before then each of them would take his property. Allah made by this judgement a use for the vineyard by the sheep in return for his loss without possessing the sheep and made the sheep keeper work in the vineyard to restore it as before.
When Allah instructed Solomon with that, he offered it to his father. His father asked him insistently to do what Allah had revealed to him.
This is the summery of what happened between them. There was no contradiction or disagreement like any two divine laws, which one abrogated the other.
Here is the saying of Allah, the most exalted, which explains this fact: (And Dawood and Sulaiman when they gave judgement concerning the field when the people's sheep pastured therein by night, and We were bearers of witness to their judgement. So We made Sulaiman to understand it ; and to each one We gave wisdom and knowledge; and We made the mountains, and the birds to celebrate Our praise with Dawood; and We were the doers) 21:78-79 (Quran).
Look at the saying of Allah (and to each one We gave wisdom and knowledge), you will find that both of them were right, because the knowledge and judgement of each of them were from Allah.
But Abu Hurayra thought it easy to condemn the prophets that they might misjudge like the other muftis.
(And they do not assign to Allah the attributes due to Him) 6:91 (Quran), when they permitted themselves to give fatwas according to their own thinking against the prophets, who were the means between Allah and His people. They thought that the prophets might misjudge even in the legal judgements and laws, which were, no doubt, revealed to them from Allah (and whoever did not judge by what Allah revealed, those are they that are the unbelievers) 5:44 (Quran).
If discernment returned to their minds, they would know that the prophets didn't give decisions and judgements according to their thought because they would know that by revelation. This was possible for the mujtahids of umma because it was the best of what they can do. But it was impossible for the prophets because it often led to one's own thought.
If the prophets judged according to their thought, it would be possible for the other mujtahids to contradict them. Then the dignity of prophecy and the prophets would be lost. Could any faithful mujtahid dare to contradict Prophet Muhammad (s) and break his verdict? Certainly not! It is blasphemy unanimously!
The holy Qur'an declares clearly that Prophet Muhammad (s) acted according to the revelation (..nor does he speak out of desire. It is naught but revelation that is revealed) 53:3-4 (Quran).
So did all the prophets and apostles (peace be upon them all).
References:
1. Sahih of al-Bukhari. vol. 2, p.p.166. Sahih of Muslim, vol. 2, p.p.57.Musnad of Ahmed bin Hanbal, vol.2, p.p. 322.
2. In Arabic it is called sikkeen.
3.Sura of yousuf was reveealed to prophet Muhammad(s)in Mecca except four verses which were revealed in Medina,the first three verses and the fourth:(certainly in Yusuf and his brothers there are signs for the inquirers)12:7.
Abu Hurayra became a Muslim seven years after the revealation of this inquires) 12:7. Abu Hurayra became a Muslim seven years after the revelation of this sure, which it had been recited by the Muslims day and night and he heard them read it in their prayers many times.
4. Mentioned by imam Ahmed bin Hanbal in his book Musnad, vol. 2, p.p. 230, that it was narrated by Muhammed bin Ja'far from Shu'ba from al-Ala' from his father from Abu Hurayra.
We have some notes about this tradition:
First: David (s) was a prophet, whom Allah had delegated to guide His people and entrusted to rule on the earth with justice. Allah said: (O Dawood! surely We have made you a ruler in the land; so judge between men with justice) 38:26 (Quran). Allah had praised him in the holy Qur'an by saying: (..and remember Our servant Dawood, the possessor of power; surely he was frequent in returning (to Allah). Surely We made the mountains to sing the glory (of Allah) in unison with him at the evening and the sunrise, And the birds gathered together; all joined in singing with him. And We strengthened his kingdom and We gave him wisdom and a clear judgement) 38:17-20 (Quran), and: (And most surely he had a nearness to Us and an excellent resort) 38:40 (Quran), and: (and certainly We have made some of the prophets to excel others, and to Dawood We gave a scripture) 17:55 (Quran). Allah had favoured Prophet David with the Book of Psalms. He was infallible, especially in judgement and rule according to what Allah had said in the Qur'an: (and whoever did not judge by what Allah revealed, those are they that are the unjust) 5:45 (Quran). The son Solomon was the inheritor of his father David's knowledge, wisdom and rule. He also was an infallible prophet. Hence, how could he break his father's judgement though he knew very well that his father was an infallible prophet? If, nowadays, a mufti having all the legal conditions of judgement judges between two persons, then it will be compulsory for all the other muftis to regard the validity of his verdict unless they know certainly that it is wrong. But among the prophets wrong was impossible because they all were infallible. So it was not possible for Solomon, who was a prophet, to break the verdict of his father, whom Allah had made prophet and ruler. His breaking the verdict of his father meant denying the will of Allah and impoliteness and impiety towards his father.
Second: The contradiction between the verdicts of these two prophets was clear, according to this tradition. It means that one of them was wrong. This was impossible for the prophets especially when they judged according to the laws of Allah. Allah said: (..and whoever did not judge by what Allah revealed, those are they that are the transgressors) 5:47 (Quran).
Third: The tradition showed that David (s) had judged that the baby was the elder woman's baby without any evidence just because she was the elder. Judgements like these didn't come except from an ignorant man, who didn't know anything about the legal criteria and the laws of trials. Glory be to Allah and His prophets.
Fourth: Solomon judged that the baby was the younger woman's baby just because she feared for the baby to be cut by the knife. This was not an enough evidence for Solomon to judge according to it, especially after that the younger woman had confessed that it was the other woman's baby and after his father's judgement.
Fifth: I wonder, by Allah, at those who believed Abu Hurayra when he said: "I swear by Allah that I haven't heard of sikkeen before that. We didn't call it but midya." Sikkeen was more common among the Arabs, and I don't think that there was one who didn't know its meaning. In fact, many of the common people didn't know the midya. Did Abu Hurayra not read or hear Allah saying in sura of Yousuf 3: (...and gave each of them a (sikkeen) knife) 12:31 (Quran).
Didn't he, himself, narrate that the Prophet (s) had said: "He, who was made a judge for people, as if he was slaughtered without a (sikkeen) knife." 4
NOTE
Abu Hurayra thought that David and Solomon (when they gave judgement concerning the field..) 21:78 (Quran), were contradictable in their judgements so it became easy for him to fabricate that imaginary story where he didn't know that they both were right and the judgement and knowledge of each of them were from Allah.
The case was that some sheep had entered into a vineyard, which its grapevines' clusters had come out, and ate it in the night. The vineyard keeper and the sheep keeper went to Prophet David (s) to judge between them. He found, according to the Sharia revealed to him by Allah, that he had to judge that the vineyard keeper would take the sheep because the value of the sheep was equal to the value of the damage in the vineyard. When he wanted to give his judgement, Allah abrogated it by revealing to Solomon, who was a partner with his father in prophecy, that the judgement in this case was to give the sheep to the vineyard keeper to make use of their milk and wool and to give the vineyard to the sheep keeper to restore it as it was before then each of them would take his property. Allah made by this judgement a use for the vineyard by the sheep in return for his loss without possessing the sheep and made the sheep keeper work in the vineyard to restore it as before.
When Allah instructed Solomon with that, he offered it to his father. His father asked him insistently to do what Allah had revealed to him.
This is the summery of what happened between them. There was no contradiction or disagreement like any two divine laws, which one abrogated the other.
Here is the saying of Allah, the most exalted, which explains this fact: (And Dawood and Sulaiman when they gave judgement concerning the field when the people's sheep pastured therein by night, and We were bearers of witness to their judgement. So We made Sulaiman to understand it ; and to each one We gave wisdom and knowledge; and We made the mountains, and the birds to celebrate Our praise with Dawood; and We were the doers) 21:78-79 (Quran).
Look at the saying of Allah (and to each one We gave wisdom and knowledge), you will find that both of them were right, because the knowledge and judgement of each of them were from Allah.
But Abu Hurayra thought it easy to condemn the prophets that they might misjudge like the other muftis.
(And they do not assign to Allah the attributes due to Him) 6:91 (Quran), when they permitted themselves to give fatwas according to their own thinking against the prophets, who were the means between Allah and His people. They thought that the prophets might misjudge even in the legal judgements and laws, which were, no doubt, revealed to them from Allah (and whoever did not judge by what Allah revealed, those are they that are the unbelievers) 5:44 (Quran).
If discernment returned to their minds, they would know that the prophets didn't give decisions and judgements according to their thought because they would know that by revelation. This was possible for the mujtahids of umma because it was the best of what they can do. But it was impossible for the prophets because it often led to one's own thought.
If the prophets judged according to their thought, it would be possible for the other mujtahids to contradict them. Then the dignity of prophecy and the prophets would be lost. Could any faithful mujtahid dare to contradict Prophet Muhammad (s) and break his verdict? Certainly not! It is blasphemy unanimously!
The holy Qur'an declares clearly that Prophet Muhammad (s) acted according to the revelation (..nor does he speak out of desire. It is naught but revelation that is revealed) 53:3-4 (Quran).
So did all the prophets and apostles (peace be upon them all).
References:
1. Sahih of al-Bukhari. vol. 2, p.p.166. Sahih of Muslim, vol. 2, p.p.57.Musnad of Ahmed bin Hanbal, vol.2, p.p. 322.
2. In Arabic it is called sikkeen.
3.Sura of yousuf was reveealed to prophet Muhammad(s)in Mecca except four verses which were revealed in Medina,the first three verses and the fourth:(certainly in Yusuf and his brothers there are signs for the inquirers)12:7.
Abu Hurayra became a Muslim seven years after the revealation of this inquires) 12:7. Abu Hurayra became a Muslim seven years after the revelation of this sure, which it had been recited by the Muslims day and night and he heard them read it in their prayers many times.
4. Mentioned by imam Ahmed bin Hanbal in his book Musnad, vol. 2, p.p. 230, that it was narrated by Muhammed bin Ja'far from Shu'ba from al-Ala' from his father from Abu Hurayra.
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