Question

Asalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu

May Allah grant you success and to all the Dawah carriers. These are the eternal words by the permission of Allah (swt) for that which He loves and pleases Him.
Some say that the evidence that the Hizb provides as well as some scholars regarding the burial of the Prophet of Guidance (saw) as an evidence for the obligation of the Bay'ah is incorrect, since the delay was for other reasons such as allowing time for Muslims to gather to witness the Janazah.

And the reason why the Bay'ah is an obligation is because of the death of the Prophet (saw) and this is why Muslims immediately engaged in appointing the Imam... it is not the burial of the Prophet. Therefore there is no relationship between the delay of the burial and the Bay'ah.

Can you elaborate the matter in more details?

Answer

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

My brother, before I begin to answer your question regarding the delay in the burial, I want to mention some matters of Usul in the Shariah rules:

In origin every Shariah matter whether it is an action or saying, it comes as a command which needs a qareena (an indication) that explains the type of the command.

A qareena which is definite indicates that the command is definite i.e. an obligation (fardh). A qareena that is indefinite but show a recommendation indicates that the command is indefinite i.e. recommended (mandoob). If the qareena shows a choice this indicates that the command is permissible (mubah).

This is the case for every Shariah text whether it is a saying in the book of Allah (swt) or the Sunnah of His Messenger (saw). Or it was an action of the Prophet (saw), or an action that the Sahaba (ra) agreed upon, or was consent of the Prophet (saw).

1. As an example the saying of Allah (swt):

((فَإِذَا قُضِيَتِ الصَّلَاةُ فَانْتَشِرُوا فِي الْأَرْضِ وَابْتَغُوا مِنْ فَضْلِ اللَّهِ وَاذْكُرُوا اللَّهَ كَثِيرًا لَعَلَّكُمْ تُفْلِحُونَ))

"And when the prayer has been concluded, disperse within the land and seek from the bounty of Allah, and remember Allah often that you may succeed" [Al-Jummu'ah: 10]

The command ((فَانْتَشِرُوا)) is to disperse and leave the Mosque after the Friday prayer, this command needs to be understood by the qareena to determine whether the command is an obligation or a recommendation or is permissible.

Some Muslims after the Friday Prayer ended, they immediately left the mosque, others stayed, some for a short period and others for longer. This took place with the Prophet's consent, which means those who left and those who remained in the mosque were equal.

This indicates that the command ((فَانْتَشِرُوا)) to disperse is permissible (mubah).

2. The example of standing when a Janazah passes by:

An-Nasa'i in his Sunan said: Shu'ba told us from Abdullah Ibn Abi As-Safar that he said: I heard Ash-Sha'bi narrating from Abi Saeed:

«أَنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَرُّوا عَلَيْهِ بِجَنَازَةٍ فَقَامَ» "A procession carrying a Janazah passed by the Prophet (saw) so He stood up."

And Amr said: «إِنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَرَّتْ بِهِ جَنَازَةٌ فَقَامَ». "A procession of Janazah passed by the Prophet (saw) and He stood up."

The Prophet (saw) stood up when the Janazah passed by Him, this action indicates that the command is to stand.

When we search for the Qareena to understand the type of command; if it is definite to mean an obligation, or indefinite to mean a recommended action, or that it gives a choice to mean a permissible action.

We will find in the Sunan of An-Nasa'i from Ayoub, from Muhammad that a Janazah passed by Al-Hassan Bin Ali and Ibn Abbas (ra); Al-Hassan stood up but Ibn Abbas did not, Al-Hassan said: «أَلَيْسَ قَدْ قَامَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِجَنَازَةِ يَهُودِيٍّ؟» "Did not the Prophet stand up when the Janazah of the Jew passed by Him?" Ibn Abbas said: "Yes, then He sat down (saw)."

This indicates a choice of sitting or standing i.e. it is permissible (mubah).

So is the case of the Bay'ah of As-Saqeefa, It was an action that the Sahaba agreed upon.

This shows that there is a command to give Bay'ah to a Khaleefah if he is appointed in the Khilafah "Caliphate". To determine the type of command we need to search for the qareena; which is a definite command because the Sahaba prioritised the action of Bay'ah to that of the Burial of the dead, which is an obligation.

Which means that the Bay'ah is an obligation and more important that the obligation of burying the dead.
Therefore the evidence that the Bay'ah to a Khaleefah when he is appointed in the Khilafah "Caliphate" is an obligation is the delaying of the burial of the Prophet (saw) till the Bay'ah was completed. Since the burial of the dead is an obligation, when another action takes precedence over it means that it is an obligation.

Hence the delay of the burial till the completion of the Bay'ah is what showed that the bay'ah of the Khaleefah is an obligation and a Fardh and not just an Fardh
This is from the Fiqhi perspective:

To say that delaying the burial has no relationship with the Bay'ah but was for allowing more time for Muslims to gather to witness the Janazah is further away from what took place.

The death of the Prophet (saw) was a significant event; all Muslims in Medina and its surroundings heard of the news and there was an influx of Muslims into Medina and the Masjid. But they became busy with the Bay'ah to Abu Bakr of contract and obedience. This is the sequence of events in the Seerah books:

The Prophet (saw) died on Monday at Dhuha time; he was not buried on Tuesday night. On Tuesday morning Bay'ah was given to Abu Bakr (ra), the Prophet (saw) was buried on Wednesday at midnight.

Bay'ah was given to Abu Bakr before the burial of the Prophet (saw). This was by the consensus of the Sahaba (companions); to engage in appointing a Khaleefah as a priority to the burial of the dead.

This could not take place unless the appointment of the Khaleefah is an obligation of more importance than that obligation of burying the dead.

The delay in the burial was not to allow Muslims time to come and witness the Janazah because they were already there especially the Sahaba but they became busy with the Bay'ah.

As soon as the Bay'ah of contract and obedience was completed they became busy with burial of the Prophet (saw), this was when? It was at midnight after completing the Bay'ah.

If the delay was for having people gather for the Janazah then the burial could have taken place on Monday, Tuesday night or Tuesday morning...but they waited until the Bay'ah was completed for Abu Bakr (ra) of contract and obedience. As soon as it was completed they engaged immediately in the burial of the Prophet (saw) on Wednesday at midnight.

Thinking and reflecting on the reason for the delay of the burial it becomes clear that it was not for any reason except to complete the Bay'ah of contract and obedience to Abu Bakr (ra), therefore it is directly related to the Bay'ah.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

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