Part of Glimpses from the Lives of the Tabi‘un (the Successors) (series completed)
· Lesson 8 of 37
Pictures from the lives of the followers | D. Abdul Rahman Raafat Al-Basha | Episode (8) | Shurayh Al-Qadi, may God have mercy on him
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Transcript
Machine translation — may contain errors
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In the name of Allah, the Entirely Merciful, the Especially Merciful.
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The best of generations in stances and exemplary virtue,
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Following the Messenger whenever he strove or spoke.
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Mawaddah Association
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Presents:
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Portraits from the Lives of the Tabi'un,
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By Dr. Abd al-Rahman Ra'fat al-Basha,
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May Allah have mercy on him.
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Shurayh the Judge,
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May Allah have mercy on him.
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The Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), bought
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A horse from a Bedouin man and paid him its price in cash.
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Then he mounted it and rode off.
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But he had scarcely ridden any great distance with the horse
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When a defect became apparent in it that hindered it from continuing to run.
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So he turned it back to where he had set out,
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And said to the man,
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"Take back your horse, for it is injured."
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The man replied,
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"I will not take it back, O Commander of the Faithful,
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For I sold it to you sound and healthy."
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Thereupon 'Umar said,
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"Appoint an arbitrator between you and me."
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The man said,
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"Let Shurayh ibn al-Harith al-Kindi judge between us."
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'Umar replied, "I agree to him."
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So the Commander of the Faithful, 'Umar ibn al-Khattab,
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And the owner of the horse went before Shurayh for judgment.
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When Shurayh heard the statement of the Bedouin,
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He turned to 'Umar ibn al-Khattab and asked,
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"Did you take the horse in a sound condition, O Commander of the Faithful?"
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'Umar answered, "Yes."
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Shurayh then said,
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"Keep what you have purchased, O Commander of the Faithful,
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Or return it just as you received it."
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'Umar looked at Shurayh in admiration,
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And said,
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"Is justice ever anything other than this?
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A decisive word and an equitable verdict!
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Depart for Kufa,
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For I have appointed you as its judge."
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On the day 'Umar appointed him to the judiciary, Shurayh ibn al-Harith was not
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A man of unknown standing in Madinan society,
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Nor was he an obscure figure among the scholars and jurists
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From among the eminent Companions and the leading Tabi'un.
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Indeed, the people of virtue and precedence
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Deeply appreciated Shurayh's sharp acumen,
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His extraordinary intellect,
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His noble character,
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And the vast length and depth of his worldly experience.
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For he was a man of Yemeni homeland,
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Of the Kinda tribe,
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Who had spent a considerable part of his life in the pre-Islamic era of ignorance (Jahiliyyah).
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So when the Arabian Peninsula shone with the light of guidance,
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And the rays of Islam penetrated the land of Yemen,
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Shurayh was among the first to believe in Allah and His Messenger (peace and blessings of Allah be upon him),
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Responding promptly to the call of guidance and truth.
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Those who recognized his virtue and appreciated his noble characteristics and merits
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Felt the deepest sorrow on his behalf,
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Wishing that it had been possible for him to travel to Medina early on
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To meet the Messenger of Allah (peace be upon him)
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Before he departed to the Highest Companion,
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So that he might drink directly from his pure, pristine springs without intermediary,
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And attain the honor of companionship,
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After having attained the blessing of faith,
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Thereby gathering every form of goodness.
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But what was decreed came to pass.
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Al-Faruq (may Allah be pleased with him) was not
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Hasty when he entrusted one of the highest judicial offices to a man from among the Tabi'un,
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Even though the sky of Islam at that time
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Was still brilliant with the shining stars from among the Companions of the Messenger of Allah (peace be upon him).
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For the passing days proved the accuracy of 'Umar's discernment
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And the soundness of his judgment;
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Shurayh continued to judge among the Muslims for around sixty years,
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Successively and without interruption.
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His appointment was consecutively confirmed by 'Umar, 'Uthman, 'Ali, and Mu'awiyah,
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May Allah be pleased with them all,
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As well as by the Umayyad caliphs who came after Mu'awiyah,
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Until he himself requested to be relieved of his office during the governorship of al-Hajjaj,
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Having reached the age of one hundred and seven years in a long, righteous life
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Filled with glorious deeds and lasting legacies.
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The history of the judiciary in Islam was adorned with magnificent moments from Shurayh's judicial career,
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And grew splendid through the remarkable submission of both the elite and the common Muslims to the law of Allah,
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Which was embodied by Shurayh, as they willingly yielded to his verdicts.
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The volumes of history were filled with anecdotes, reports, sayings, and deeds of this extraordinary man.
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Among these is that 'Ali ibn Abi Talib (may Allah be pleased with him)
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Once lost a coat of armor that was dear and precious to him.
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Before long, he found it in the hands of a dhimmi man selling it in the market of Kufa.
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When he saw it, he recognized it and said,
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"This is my armor; it fell from a camel of mine on such-and-such a night and in such-and-such a place."
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The dhimmi replied, "Rather, it is my armor, and it is in my possession, O Commander of the Faithful."
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'Ali said, "It is indeed my armor; I have not sold it to anyone,
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Nor have I gifted it to anyone such that it could have reached you."
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The dhimmi said, "Let the judge of the Muslims decide between you and me."
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'Ali said, "You have been fair, so let us go to him."
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They then proceeded to Shurayh the Judge.
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When they appeared before him in the judicial court,
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Shurayh said to 'Ali, "What do you say, O Commander of the Faithful?"
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He replied, "I have found this armor of mine with this man;
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It fell from me on such-and-such a night and in such-and-such a place,
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And it did not come into his possession through sale or gift."
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Shurayh then asked the dhimmi,
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"And what do you say, O man?"
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He replied, "The armor is mine, and it is in my possession,
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Though I do not accuse the Commander of the Faithful of lying."
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Shurayh turned to 'Ali and said,
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"I have no doubt that you are telling the truth, O Commander of the Faithful,
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And that the armor is indeed yours,
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But you must bring two witnesses to attest to the validity of your claim."
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'Ali said, "Yes, my freedman Qanbar
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And my son al-Hasan will testify for me."
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Shurayh said,
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"However, the testimony of a son on behalf of his father is not admissible, O Commander of the Faithful."
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'Ali said, "Glory be to Allah!
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A man from the people of Paradise, and his testimony is not admissible?!
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Have you not heard that the Messenger of Allah (peace be upon him) said:
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'Al-Hasan and al-Husayn are the masters of the youth of the people of Paradise'?"
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Shurayh replied,
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"Indeed, O Commander of the Faithful,
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Yet I do not permit the testimony of a child on behalf of his parent."
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At that point,
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'Ali turned to the dhimmi and said,
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"Take it, for I have no witnesses other than them."
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The dhimmi said,
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"Yet I bear witness that the armor is yours, O Commander of the Faithful!"
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Then he added,
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"By Allah!
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The Commander of the Faithful brings me before his own judge,
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And his judge rules in my favor against him!
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I bear witness that the religion which commands this is the absolute truth,
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And I bear witness that there is no deity worthy of worship except Allah,
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And that Muhammad is His servant and His Messenger!
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Know, O judge,
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That the armor is indeed the armor of the Commander of the Faithful;
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I followed the army as it was departing for Siffin,
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And the armor fell from his ash-colored camel,
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So I took it."
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'Ali (may Allah be pleased with him) said to him,
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"As you have embraced Islam,
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I grant it to you as a gift,
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And I give you this horse along with it as well."
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Not long after this incident,
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The man was seen fighting against the Kharijites under the banner of 'Ali
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On the day of Nahrawan,
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Fighting valiantly
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Until martyrdom was decreed for him.
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Among the remarkable deeds of Shurayh as well
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Is that his son said to him one day,
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"O my father,
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There is a dispute between me and a certain group of people,
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So look into it:
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If the truth is on my side, I will litigate against them,
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But if it is on theirs, I will reconcile with them."
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He then related his story to him,
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And Shurayh told him, "Go forth and litigate against them."
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So he went to his opponents and summoned them to judicial proceedings,
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And they agreed.
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When they stood before Shurayh,
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He ruled in their favor against his own son.
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When Shurayh and his son returned home,
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The son said to his father,
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"You have disgraced me, O my father!
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By Allah, had I not consulted you beforehand,
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I would not have blamed you."
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Shurayh replied,
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"O my son!
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By Allah, you are dearer to me than an earthful of men like them,
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But Allah, the Mighty and Majestic,
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Is more precious to me than you.
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I feared that if I informed you that the right was theirs,
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You would settle with them on terms that would deprive them of some of their right,
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So I said to you what I said."
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A son of Shurayh once stood as guarantor for a man,
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And Shurayh accepted his surety.
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Thereupon, the man did nothing
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Except flee to escape the reach of justice,
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So Shurayh imprisoned his own son in place of the fugitive.
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He used to carry his food to him with his own hands to the prison every day.
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Doubts would occasionally trouble Shurayh
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Concerning certain witnesses,
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Yet he found no legitimate way to reject their testimony
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Because they fulfilled all the legal criteria of uprightness.
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So he would say to them before they gave their testimony,
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"Listen to me, may Allah guide you:
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It is you who are passing judgment against this man,
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And I am only shielding myself from the Fire through you,
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While you are foremost in needing to shield yourselves from it!
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You are still able right now to refrain from testifying and leave."
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Then, if they insisted on testifying,
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He would turn to the one in whose favor they testified and say,
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"Know, you who stand here,
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That I am only ruling in your favor based on their testimony,
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Though I firmly suspect that you are an oppressor;
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Yet I do not judge by mere conjecture,
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But rather I judge strictly by the testimony of witnesses.
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And my verdict does not make lawful for you anything that Allah has made forbidden to you."
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The motto that Shurayh constantly repeated in his judicial assemblies was his saying:
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"Tomorrow the oppressor will know who the true loser is;
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Indeed, the oppressor awaits punishment,
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and the oppressed awaits justice.
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And I swear by Allah
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that no one ever gives up something for the sake of Allah, the Exalted,
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and then feels its loss."
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Nor was Shurayh sincere only to Allah,
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His Messenger, and His Book;
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rather, he was equally devoted in offering sincere counsel to the Muslim public and their elite alike.
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One of them narrated:
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"Shurayh overheard me complaining of some distress to a friend.
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He took me by the hand, drew me aside, and said,
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'O son of my brother,
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beware of complaining to anyone other than Allah, the Almighty and Majestic.
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For the one you complain to
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is inevitably either a friend or a foe:
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as for the friend, you merely cause him grief,
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and as for the foe, he takes gloating pleasure in your misfortune.'
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Then he said,
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'Look at this eye of mine,'
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pointing to one of his eyes,
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'for by Allah, I have not seen a person or a path with it for fifteen years,
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yet I have never informed anyone of this
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except you this very hour.
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Have you not heard the words of the righteous servant: ﴾I only complain of my suffering and my grief to Allah﴿?
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“He said: I expose my distress and anguish only unto Allah, and I know from Allah that which ye know not.” (12:86)
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So make Allah, the Exalted, your refuge for your complaints and sorrows in every misfortune that befalls you,
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for He is the most generous to be petitioned and the nearest to be called upon.'
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One day, he saw a man begging another for something,
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so he said to him:
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"O son of my brother,
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whoever asks another human being for a need
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has exposed himself to servitude:
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if the requested person fulfills it for him,
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he has enslaved him thereby,
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and if he denies him it,
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both return humiliated—
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this one through the shame of stinginess,
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and that one through the shame of rejection.
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So when you ask, ask Allah,
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and when you seek aid, seek aid from Allah,
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and know that there is no might, no power, and no help except through Allah."
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A plague struck Kufa,
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and a friend of Shurayh fled it toward Najaf,
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seeking to escape the epidemic.
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Shurayh wrote to him:
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"To proceed:
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the place you left behind will not hasten your appointed death,
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nor will it rob you of your destined days;
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and the place you have arrived at
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is within the grasp of the One Whom no pursuit can elude,
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nor any flight can escape.
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Indeed, both of us dwell upon the carpet of a single King,
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and Najaf is very near to the Almighty."
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In addition to all of this, Shurayh was
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an accessible, spontaneous poet,
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graceful in delivery and engaging in his themes.
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It is related that he had a young son around ten years of age,
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deeply beloved to him, yet devoted to play.
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One day, Shurayh looked for him
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and found that he had skipped his schooling
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and gone off to watch fighting dogs.
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When the boy returned home, Shurayh asked him, "Did you pray?"
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He replied, "No."
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So Shurayh called for parchment and pen,
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and wrote to his tutor:
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"He abandoned prayer for little pups he pursues,
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seeking dogfights alongside the defiled strayers.
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So let him come to you in the morning with a letter,
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written against him like the letter of al-Mutalammis.
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And when he comes to you, treat him with reproach,
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and admonish him with the counsel of a cultured, discerning mentor.
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And if you resolve to strike him, use a switch,
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but when you reach three blows, stay your hand.
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And know that whatever you do, his soul,
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despite the bitter cups he makes me swallow, remains the dearest of all souls to me."
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May Allah be pleased with al-Faruq!
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For he adorned the crown of judiciary in Islam
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with a pearl of noble lineage,
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pure in its essence,
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magnificent to behold.
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He gifted the Muslims a radiant lamp,
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by which they still, to this day, illuminate their path
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through the radiance of his deep fiqh in the law of Allah,
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guided by the light of his understanding of the Sunnah of the Messenger of Allah,
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and with him they shall pride themselves over other nations on the Day of Resurrection.
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And may Allah have mercy upon Judge Shurayh,
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who upheld justice among the people for sixty years;
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he never wronged anyone,
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never deviated from truth,
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and never favored a king over a commoner.
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It was said to Shurayh,
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"By what means did you attain this knowledge?"
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He replied, "By scholarly discourse with the scholars—
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taking from them and giving to them."
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Sufyan al-Awsi:
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whenever he strove or spoke,
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"They were here,
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quenching the clouds of our lives;
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they passed away, while among us
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their memory rises high.
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They departed, leaving in our conscience a question:
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Did ever like them
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a star rise high and shine?
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They filled life with glories,
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through their upright deeds,
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and humanity flourished through them."