Hadhir Nazir Objection - Umarah Bin Khuzaimah Bore Witness On Side Of Prophet Without Being First Hand Witness.

[MuhammedAli]

Introduction:

Muslims believe Prophet (sallallahu alayhi wa aalihi was’sallam) was sent as a hearing/seeign type of Shahid/Shaheed (i.e. witness). We also believe he was sent to entire Jinn and mankind as a Nabi and Shahid/Shaheed over them. In connection with these beliefs we also have belief that Prophet (sallallahu alayhi wa aalihi was’sallam) will bear witness to actions of Jinn/mankind on judgment day. And to be a true Shahid/Witness one must have seen/heard the events regarding which he/she will be called to bear witness. Therefore Prophet (sallallahua alayhi wa aalihi was’sallam) witnesses all actions of Jinn and mankind.

Anti-Islam Element Disbelieve In Islamic Teaching:

Anti-Islam elements rejects this Islamic teaching and argues stating: It is not fundamental requirement to be an actual hearing/seeing type witness to be true Shahid and Shaheed. Instead a truthful person - who has witnessed the event - can inform another and the informed can bear witness on account of that truthful person. The basis for their this argument is; Prophet (sallallahu alayhi wa aalihi was’sallam) will bear witness after his Ummah in defence of Prophets therefore he will be [indirectly] informed by truthful Muslims and he will bear witness on account of their testimony. Please note this evidence of anti-Islam element was discussed in detail, here, in sections 3.1 to 3.4, where the invalidity of principle was established along with correct understanding of Hadith. And to their invented principle they present many evidences from Quran/Ahadith and witnessing of Khuzaimah (radiallah ta’ala anhu) of part of their supporting evidences.

The Ahadith In Which Khuzaimah Bore Witness:

“It was narrated from 'Umarah bin Khuzaimah that his paternal uncle, who was one of the companions of the Prophet told him that:the Prophet bought a horse from a Bedouin and asked him to follow him, so that he could pay him for the horse. The Prophet hastened but the Bedouin was slow. Men started to talk to the Bedouin and make offers for the horse, and they did not realize that the Prophet had bought it, until some of them offered more than the Prophet had bought it for. Then the Bedouin called out to the Prophet and said; "Are you going to buy this horse or shall I sell it?" The Prophet stood up when he heard him calling and said: "Have I not bought it from you?" He said: 'No, by Allah, I have not sold it to you and the Prophet said "I bought it from you." The people started to gather around the Prophet and the Bedouion as they were talking, and the Bedouin started to say: "Bring a witness who will testify that you bought it." Khuzaimah bin Thabit said: "I bear witness that you bought it." The Prophet turned to Khunzimah and said: "Why are you bearing witness?" He said: "Because I know that you are truthful O Messenger of Allah." Prophet made the testimony of Khuzaimah equivalent to the testimony of two men.” [Ref: Nisai, Book 44, Hadith 4651] “Narrated Uncle of Umarah ibn Khuzaymah: The Prophet bought a horse from a Bedouin. The Prophet  took him with him to pay him the price of his horse. The Messenger of Allah walked quickly and the Bedouin walked slowly. The people stopped the Bedouin and began to bargain with him for the horse as and they did not know that the Prophet had bought it. The Bedouin called the Messenger of Allah saying: If you want this horse, (then buy it), otherwise I shall sell it. The Prophet stopped when he heard the call of the Bedouin, and said: Have I not bought it from you? The Bedouin said: I swear by Allah, I have not sold it to you. The Prophet said: Yes, I have bought it from you. The Bedouin began to say: Bring a witness. Khuzaymah ibn Thabit then said: I bear witness that you have bought it. The Prophet turned to Khuzaymah and said: On what (grounds) do you bear witness? He said: By considering you trustworthy, Messenger of Allah! The Prophet made the witness of Khuzaymah equivalent to the witness of two people.” [Ref: Abu Dawood, B24, H3600]

Understanding Ibn Khuzayma’s Witnessing:

When Bedouin said who will bear witness for you that you purchased this horse then Ibn Khuzaymah (radiallah ta’ala anhu) said: “I bear witness that you have bought it.” Prophet (sallallahu alayhi wa aalihi was’sallam) was aware Ibn Khuzayma (radiallah ta’ala anhu) did not witness the transaction and therefore he enquired from companion: “Why are you bearing witness?”, “On what (grounds) do you bear witness?” In response companion said: (-قَالَ بِتَصْدِيقِكَ يَا رَسُولَ اللَّهِ‏) Note the quoted online translations do not provide literal translation but give a interpretative translation – which are correct on their own merit. Translation closer to wording would be: “He said: By affirming/attesting to what you said.” Or alternatively: “He said: By believing what you said.” Which ever translation (i.e. mine or quoted in earlier section) you ascribe to Ibn Khuzayma (radiallah ta’ala anhu) is merely attesting to what Prophet (sallallahu alayhi wa aalihi was’sallam) said. In other words Ibn Khuzayma (radiallah ta’ala anhu) was bearing witness because he heard Prophet (sallallahu alayhi wa aalihi was’sallam) say that he purchased the horse from Bedouin: “Then the Bedouin called out to the Prophet and said; "Are you going to buy this horse or shall I sell it?" The Prophet stood up when he heard him calling and said: "Have I not bought it from you?" He said: 'No, by Allah, I have not sold it to you. And the Prophet said "I bought it from you.” This establishes Ibn Khuzayma (radiallah ta’ala anhu) was not bearing witness as a hearing/seeing type of witness but due to his belief in truthfulness of Prophet (sallallahu alayhi wa aalihi was’sallam). Hadith goes on to state Prophet (sallallahu alayhi wa aalihi was’sallam) stated from that moment onwards Ibn Khuzayma’s (radiallah ta’ala anhu) witnessing is equal to witnessing of two men: “The Prophet made the witness of Khuzaymah equivalent to the witness of two people.” This unique station was granted to Ibn Khuzayma (radiallah ta’ala anhu) because he demonstrated fear Allah (subhanahu wa ta’ala) and demonstrated belief in truthfulness of Prophet (sallallahu alayhi wa aalihi was’sallam): “O you who believe! Have fear of Allah, and believe in His Messenger, He will give you a double portion of His mercy, and He will give you a light by which you shall walk.” [Ref: 57:28] Such witnessing is of belief and cannot be used and was not used by Prophet (sallallahu alayhi wa aalihi was’sallam) to support his own position, here.

The Incident Mentioned In Hadith Is Not Evidence For Principle:

You believe: ‘Truthful person - who has witnessed the event -  can inform another and the informed can bear witness on account of that truthful person.’ You have stopped short of stating if such witnessing would be sufficient to judge the case in favour of party or not. The real issue is; if this type of testimony in a dispute would be valid grounds to judge the case in favour of a disputing party. Due to anti-Islam elements belief, against Hadhir Nazir, it seems one who presents this Hadith in principle believes such witnessing does resolve the dispute in favour of a party. Question begs to be asked on the ground: When it is evident a person is bearing witness to an event which he/she has not witnessed with eyes/ears. And is only doing so due to being informed by a truthful person then will his witnessing in support of a party settle the dispute in favour that party? Absolutely not! This has never happened in history of Islam. If Prophet (sallallahu alayhi wa aalihi was’sallam) accepted the witnessing of Ibn Khuzayma (radiallah ta’ala anhu) and judged the issue in his own favour then this incident could only have been valid evidence against the notion that in disputes witnessing required is hearing/seeing type. And there absolutely no evidence to suggest that Prophet (sallallahu alayhi wa aalihi was’sallam) used witnessing of Ibn Khuzayma (radiallah ta’ala anhu) to decide the dispute in his own favour.

Conclusion:

Ibn Khuzaima (radiallah ta’ala anh) bore witness in defence of Prophet (sallallahu alayhi wa aalihi was’sallam) because of his firm belief and conviction in truthfulness of Prophet (sallallahu alayhi wa aalihi was’sallam). And if Prophet (sallallahu alayhi wa aalihi was’sallam) had accepted the witnessing of Ibn Khuzayma (radiallah ta’ala anhu) and judged the dispute in his own favour. Then it could have been a valid argument against Islamic notion; witnesses in all a criminal acts has to be hearing/seeing type. Prophet (sallallahu alayhi wa aalihi was’sallam) will bear witness to actions of his own Ummah and in defence of Prophets, against their nations, saying the Prophets delivered the message of Islam to their nations. This type of testimony requires hearing/seeing type of witnessing and one who bear witness without witnessing the events is a false witness and Prophet (sallallahu alayhi wa aalihi was’sallam) does not give false testimony.

Wama alayna ilal balaghul mubeen.
Muhammed Ali Razavi