Maisonneuve & Larose

The "Hshimiyyt" of al-Kumayt and Hshim Shi'ism Author(s): W. F. Madelung Source: Studia Islamica, No. 70 (1989), pp. 5-26 Published by: Maisonneuve & Larose Stable URL: http://www.jstor.org/stable/1595676 Accessed: 04/10/2010 18:36
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THE HASHIMIYYATOF AL-KUMAYT AND HASHIMi SHI'ISM

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Al-Kumayt b. Zayd al-Asadi of KOfa (60-126/680-743) is the most prominent Shi'ite poet of the Umayyad age. While of the other Shi'ite poets of the time, like al-Sayyid al-Himyari and Kuthayyir'Azza, only some fragments of their sectarian poems are preserved, his Hdshimiyydi, gathered as a Shi'ite diwdn separately from his other poetical production, is extant in apparently more or less complete form. A commentary on the Hdshimiyydl was composed by the Basran philologist Abf Riyash al-Qaysi (d. 339/950), who relied on the glosses of several earlier commentators.(') Despite some obscurity in their language, they have always remained popular in Shi'ite circles. In spite of the name Hashimiyydt for al-Kumayt's Shi'ite poetry, modern scholars have generally seen him as supporting an exclusive right of the 'Alids to the imamate. J. Wellhausen described the Hdshimiyydi as poems about the descendants of Fatima.(2) At the beginning of the introduction to his edition of the Hdshimiyydt, J. Horovitz speaks of al-Kumayt as a representative of the moderate, purely legitimist wing of the Shfa whose doctrine could be summed up in the statement "that the title to the leadership of the Muslim Community belonged only to'All and His poems reflected the mood of wide circles of his descendants." the anti-Umayyad, pro-'Alid population of Iraq.(3) Later in the
(1) J. Horovitz, Die Hadimijjai des Kumail, Leiden 1904, introd. p. xxii. (2) J. Wellhausen, Das arabische Reich und sein Sturz, Berlin 1902, p. 314, n. 1. (3) Die Hasdimijjai, introd. p. v.

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introduction Horovitz again asserts that al-Kumayt "does not preach anything but the doctrine that the caliphate belonged only to 'All and his descendants."(4) He notes that in two places in the Hashimiyyat al-'Abbas and his sons are included among the glorious relatives of the Prophet, but suggests vaguely that "this is probably an 'Abbasid addition." Horovitz defends al-Kumayt against the charge of Ibn Qutayba that he was a Rafidl, a follower of Ja'far al-Sadiq and the Imami line of Imams espousing the radical Shi'ite repudiation of the caliphate of Abi Bakr and 'Umar, and points to his clear support for Zayd b. 'All in two of his later
verses. (5)

The interpretation of Horovitz is fully endorsed by Ch. Pellat in his article on al-Kumayt in the new edition of the Encyclopaedia of Islam. "In spite of the title, the poet's praises are not aimed at all the Banf Hashim, but primarily at the Prophet and at 'All and his descendants." Pellat affirms that the verses in which al-'Abbas and his sons are mentioned were no doubt added in the 'Abbasid period, perhaps by al-Kumayt's son al-Mustahill, himself a poet. The Hdshimiyydl reflect, according to Pellat, the opinions and sentiments current among the Zaydl circles of Kuifa. In his article on Hashimiyya in the Encyclopaedia of Islam, B. Lewis states "it may be noted that already in the surviving Hashimiyyit of Kumayt... the poet restricts his praises to the Prophet, 'All and the 'Alids." Likewise M. Sharon in his recent monograph on the'Abbasid revolutionary movement characterizes al-Kumayt as a representative of the moderate pro-'Alid idea "as it was around the year 100" and states that in his poetry "we meet the first use of the term dl al-nabi as referring to the 'Alids."(6) Radically different is the interpretation of T. Nagel, who sees the Hdshimiyydi as summoning to the support of all pious Hashimites and as signifying a break with the earlier Shia which had exclusively backed 'All and his descendants.(7) Upon closer examination of the Hashimiyyat, there cannot remain room for doubt that al-Kumayt, as argued by Nagel,

(4) P. xvi. (5) P. xviI. (6) M. Sharon, Black Banners from the East, Jerusalem Leiden 1983, pp. 79-80. (7) T. Nagel, Untersuchungen zur Entstehung des Abbasidischen Kalifats, Bonn 1972, pp. 79ff., and Geschichte der arabischen Welt, ed. U. Haarmann, Munich 1987, p. 108.

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meant the descendants of Hashim in general, not just 'All and the 'Alids, by the Family of the Prophet who were entitled to the caliphate in place of the Umayyads. Al-Kumayt speaks consistently of the Hashimites and nowhere uses terms characteristic of the 'Alid Shfa like 'Alids, Fatimids, offspring (dhurriyya) of the Prophet. Fatima is nowhere mentioned in the Hashimiyyat. Only Zayd b. 'All is variously called the son of Ahmad, of the Messenger, and of the Prophet.(8) The Banfi Hashim, al-Kumayt states proudly, are a numerous people,(9) which could hardly be said of the 'Alids in his time. They are the family (usra) of Abu l-Qasim,(10) the clan (raht) of the Prophet,(n) the kinsfolk (al) of Muhammad,(12) or the kinsfolk The latter expression (dl Ahmad) is twice, no of Ahmad.(13) doubt incorrectly, translated by Horovitz as the sons of Ahmad.(14) In the first instance al-Kumayt speaks of the horses of the enemy in the battle of Karbala' immersing in the blood of the al Ahmad. He evidently means not only the relatively few descendants of Muhammad killed there, but also the more numerous other Hashimites, non-Fatimid brothers of al-Husayn, sons and grandsons of 'Aqll b. Abi Talib and Ja'far b. Abi Talib. In the two lengthy poems in which al-Kumayt enumerates some of the more meritorious Hashimites, he praises immediately after the Prophet his uncle Hamza b. 'Abd al-Muttalib, killed at Uhud, and 'All's brothers Ja'far b. Abi Talib, killed during the campaign to Mu'ta.(l5) Of 'Alids he mentions, besides, 'All, only his sons alIn one of Hasan, al-Husayn, and Muhammad b. al-Hanafiyya. the two poems, he then speaks of Muhammad's other uncle, al'Abbas (Abu l-Fadl), praising his stand at Hunayn.(16) In the other poem, he mentions besides al-'Abbas his two sons'Abd Allah and al-Fadl,(l7) the latter known as the radif of Muhammad, the

(8) Die Hdsimijjat, Arabic text, p. 157. (9) P. 4. (10) P. 14. (11) P. 29. (12) P. 54. (13) Pp. 127, 141, 143. (14) Die Hasimijjda, transl. pp. 87, 94. On p. 96 Horovitz translates the same expression correctly as the relatives of Ahmad. (15) Arabic text, pp. 16, 59. (16) P. 21. (17) P. 63.

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man riding behind him on his camel during the Farewell Pilgrimage (d. 18/639). It is evident that even if the mention of the 'Abbasids were a later addition, al-Kumayt's Banu Hashim could not be identified with only the Prophet and the 'Alids. There is, however, no good reason to suspect the authenticity of the verses about al-Abbas and his sons. They are perfectly appropriate in the context and fit in well with the obvious aim of the poet to mention in particular those Hashimites who had distinguished themselves as supporters of Muhammad and as early Muslims. If the relevant verses in the second poem to were omitted, the context would also have be changed. Moreover, a flatterer of the 'Abbasids would presumably have mentioned either 'All b. 'Abd Allah b. al-'Abbas or Muhammad b. 'All, as direct ancestors of the caliphs, rather than al-Fadl b. al-'Abbas. In later poems al-Kumayt laments the death of Muhammad al-Baqir (Abf Ja'far)(18) and Zayd b. 'All. Significant for al-Kumayt's position in relation to strictly 'Alid Abu Shi'ism is the absence of any mention-besides Fatima-of Talib b. 'Abd al-Muttalib. On order to eclipse the distinguished role of al-'Abbas, after his late conversion to Islam, in backing his nephew, the 'Alid Shra came to magnify the role of 'All's father Abfi Talib turning him into a true believer and ascribing a whole dfwdn of poetry to him as a proof of his Muslim faith. Al-Kumayt evidently was not yet aware of such efforts or chose to ignore them. He did not mention Abu Talib as an unrepentant pagan however meritorious his stand in protecting Muhammad in Mekka must have been in his view. At the end of a poem in which al-Kumayt describes 'All as the one appointed by the Prophet at Ghadir Khumm as the leader of the Muslim community and as arbitrarily deprived of his rightful position, he expresses the hope that God shall restore justice by sending a Hashimite whose "government is pleasing (mardi al-siydsa)'.(19) The latter expression seems to reflect the slogan al-ridd min Al Muhammad, the one pleasing (agreed upon) of the Family of Muhammad, which was at the time used by the propagandists of the Hashimiyya, the 'Abbasid movement, to refer to the expected imam and to conceal his identity. AlKymayt may well have been acquainted with the slogan.
(18) P. 139. (19) P. 154.

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Whether he had any personal preference concerning the identity of the imam is not known. The sources do not mention any relations he may have had with members of the Prophet's family besides a brief encounter with Muhammad al-Baqir. It is evident, however, that the Hashimite imam for whose advent he was praying need not be a descendant of 'All. II Do al-Kumayt's HCshimiyyEdthen reflect a radical reorientation of Shi'ism? This is the view advanced by Nagel who maintained that the earlier Kufan Shra had confined its backing to 'All and his descendants. They had used the slogan of the rights of the dl Muhammad, which ought properly to have meant the Prophet's descendants through Fatima(20), meaning specifically the descendants of 'All. Some Kffan Shi'ite circles now became concerned about the extremist and sectarian trends apparent in the 'Alid Shi'a and extended the meaning of the term ail Muhammad to all of the Banu Hashim.(21). The name of the Shi'ite Hashimiyya movement, which is derived by the heresiographers from its original leader Abu Hashim, son of Muhammad b. al-Hanafiyya, rather signified this broad support for the Banf Hashim and a Hashimite caliphate.(22). Similarly, and independently, M. Sharon maintained that, until the end of the first century of the Hijra, only the descendants of 'All were recognized as the ahl al-bayl, the dl Muhammad and ahl bayt al-nabf. They alone were "identified with the rights and merits which the concept of the Family carried in the public mind".(23) Unlike Nagel, however, Sharon derives the name of the Hashimiyya from Abf Hashim b. Muhammad b. al-Hanafiyya and holds that the term Hashimiyya in the meaning of the clan of

(20) Nagel, Unlersuchungen, p. 72. The term dl, it should be noted, does not signify descendants but kinsfolk, clan. The kinship group was, however, often defined by its common ancestor, and thus al Hashim could be used synonymously with Banu Hashim, the descendants of Hashim. But it was quite proper to speak of the same Banf Hashim in their relation to the Prophet as dl Muhammad. (21) Untersuchungen, pp. 70ff., 85-6. (22) Unlersuchungen, pp. 86-7. (23) Sharon, Black Banners, p. 75.

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Hashim was not widely used before the caliphate of the 'Abbasid
al-Mahdi. (24)

In reality the special status of the Banu Hashim as the relatives (dhawu l-qurba) of the Prophet and as his ahl al-bayt had been well established in the lifetime of Muhammad. As the kin of the Prophet, the Banu Hashim were excluded, like Muhammad himself, from receiving alms (sadaqa, zakat) and from administering their collection. They were associated with the Prophet in their entitlement to a portion of the khums, the fifth of the war booty not distributed among the warriors, and in the fay', the spoils that fell to the Muslims without battle. Their title as dhawu l-qurba to these portions was explicitly confirmed in two verses of the Qur'an. Partly associated with the Banu Hashim were the descendants of Hashim's brother al-Muttalib, whereas the descendants of his other brothers, 'Abd Shams and Nawfal, were expressly excluded. The Banu 1-Muttalib, in contrast to the Banu 'Abd Shams and Banu Nawfal, had been closely tied to the Banu Hashim in the hilf al-fudul.(25) The prohibition for the Banu Hashim to receive, and to administer the collection of, alms is reported in numerous hadiths(26), of which only a few may be briefly quoted here. In a hadith transmitted by Malik, on the authority of al-Zuhri, on the authority of 'Abd Allah b. 'Abd Allah b. Nawfal b. al-Harith b. 'Abd al-Muttalib (b. Hashim), 'Abd al-Muttalib b. RabFa b. alHarith b. 'Abd al-Muttalib related that his father Rabi'a got together with al-'Abbas b. 'Abd al-Muttalib and they agreed that they should send their young sons, 'Abd al-Muttalib b. Rabfa and al-Fadl b. al-'Abbas, to the Prophet to persuade him to appoint them as collectors of sadaqdi so that they would materially benefit from it as other collectors did. When they asked the Prophet, he remained silent for a long time and then told them: "Truly, the alms are not proper for the dl Muhammad. They are the dregs (awsdkh) of the people." Then he told them to call Mahmiya (b.

(24) Black Banners, pp. 84-5. Sharon qualifies W. M. Watt's reference to the term Hashimiyya having been used already before al-Kumayt's Hdshimiyydt to denote the clan of Banu Hashim as "impossible." (25) W. M. Watt, Muhammad at Mecca, Oxford 1953, pp. 6-7; Ch. Pellat, art. HIilf al-Fudul in E.I. 2nd ed. (26) See the references in Wensinck, Handbook of Early Muhammadan Tradition, Leiden 1927, p. 266.

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al-Jaz'), the custodian of the khums, and ordered him to give his daughter in marriage to al-Fadl b. al-'Abbas. Likewise he ordered Nawfal b. al-Harith b. 'Abd al-Muttalib to give his daughter in marriage to (his nephew) 'Abd al-Muttalib b. Rabfa. Then he instructed Mahmiya to pay the dower for the two brides from the khums.(27) In other hadiths the Prophet is quoted as stating: "We, the il Muhammad, do not eat (from) the sadaqa"(28), and "Truly, God has forbidden for me the sadaqa and for the People of my House (ahl baytl." (29) He is said to have addressed his relatives: "0 Banf 'Abd al-Muttalib, the sadaqa is the dregs of the people, therefore do not consume it nor work (in collecting)
it."(30) His freedman Abu Rafi' was urged by Arqam b. Abi 1-

Arqam to assist him in the collection of sadaqa. When Abf Rafi' asked Muhammad for permission, he told him: "We are the people of a house (ahl bayl) such that sadaqa is not licit for us, and the mawld of a people belongs to them (mawla l-qawm min
anfusihim)."(31)

The entitlement of the Banfi Hashim to a share of the khums, often interpreted as a recompense for their exclusion from the alms, was affirmed by Qur'an VIII (41) which enumerated as its recipients, besides God and the Prophet, the relative(s) (dhi l-qurbd), orphans, the poor, and the traveller(s) (ibn al-sabil). Concerning the fay', there were two Qur'anic rulings revealed on different occasions. The earlier one, revealed concerning the former property of the Banu 1-Nadir, named as those entitled to a share the "poor Emigrants who were expelled from their homes and their possessions" and explicitly excluded the Medinan Ansar and late-comers of the emigrants.(32) Muhammad in fact divided the estates of the Banu l-Nadir among his early Mekkan Companions and gave exceptional shares to only two of the
Ansar. (33)

(27) Muslim, Sahi.h, 12: 166; Ibn Sa'd, al-Tabaqdt, ed. E. Sachau, Leiden 1905-40, IV/I pp. 40-41; al-Maqrizi, K. al-Niza' wa l-takhasum, ed. G. Vos, Leiden 1888, pp. 45-6. (28) Ibn Sa'd, 1/2 p. 106. (29) Ibn Sa'd, 1/2 p. 107. (30) Ibn Sa'd, I/2 p. 108. (31) Ibn Sa'd, IV/I p. 52. (32) Qur'an LIX 6,8-10. (33) Al-Baladhuri, Futuih al-bulddn, ed. J. de Goeje, Leiden 1886, pp. 18-19.

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The second verse, apparently revealed concerning Khaybar, Fadak, and Wadi l-Qura, mentioned the same recipients, including dhi l-qurbd, as for the khums.(34) It was on the occasion of the division of the spoils of Khaybar, or more exactly of the Prophet's portion al-Katiba, that the Banu l-Muttalib were included with the Banu Hashim among Muhammad's relatives while the Banu 'Abd Shams and the Banf Nawfal were excluded. The story is narrated in a number of slightly variant versions in the major Sunnite hadith collections. One of them may be quoted here. Al-Zuhri, on the authority of Sa'id b. al-Musayyib: Jubayr b. Mut'im (b. 'Adi b. Nawfal b. 'Abd Manaf) related to me that when the day of Khaybar occurred, the Messenger of God placed the share of the relatives (sahm dhi l-qurbd) among the Banu Hashim and the Banu 1-Muttalib and left the Banu Nawfal and Banu 'Abd Shams out. So I and 'Uthman b. 'Affan set out until we came to the Messenger of God, and we said: "0 Messenger of God, these Banf Hashim, we do not deny their excellence (fadl), because of the place in which God has put you in respect to them. But what is the matter with our brethren, the Banu 1Muttalib? You have given them and left us out, yet our relationship (to you) is the same." The Messenger of God said: "Surely we and the Banu l-Muttalib do not separate either in the Jahiliyya or in Islam. Rather we and they are one thing", and he interwined his fingers.(35) The sfra and biographical sources confirm that a large number of the descendants of al-Muttalib b. 'Abd Manaf were given shares of the crops of al-Katiba at that time.(36) In the collection of the Qur'an, the later fay' verse was inserted between the opening and latter parts of the fay' revelation concerning the Banu l-Nadir giving rise to much confusion in their later interpretation.

(34) Qur'an LIX 7. (35) Abu Dawid, Sunan, 19: 51; al-Maqrizi, p. 23. (36) Ibn Hisham and al-Zubayri list, with some differences, the following: AlSalt b. Makhrama b. al-Muttalib and his two sons; Qays b. Makhrama; al-Qasim b. Makhrama; Mistah b. Uthatha b. 'Abbad b. al-Muttalib; 'Ujayr b. Abd Yazid b. Hashim b. al-Muttalib; Rukana b. 'Abd Yazid; Abu Nabqa b. 'Alqama b. alMuttalib; the daughters of 'Ubayda b. al-Harith b. al-Muttalib (who had been killed Ibn Hisham, Sfral rasul at Badr) and the daughters of al-Husayn b. al-Harith. Allah, ed. F. Wiistenfeld, Gottingen 1859-60, p. 775; al-Zubayri, Nasab Quraysh, ed. E. Levi-Proven?al, Cairo 1953, pp. 92-7. According to al-Baladhuri, Futuh p. 28, Muhammad gave the Banu l-Muttalib a formal letter confirming their entitlement.

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The close association of the portion of the Prophet's kin with his own is highlighted in the account of the stra about the division of the spoils of the Banf Hawazin. When asked for clemency by one of the defeated tribesmen, Muhammad immediately released the captive women and children of his own portion and those of the Banf 'Abd al-Muttalib (b. Hashim), without consulting the latter. Then he personally appealed to the other Muslim warriors to do the same and met initially some resistence.(37) The distinct status of purity prescribed for the relatives of the Prophet in excluding them from the sadaqdt, judged to be "the dregs of the people", raises the question of the significance of Qur'an XXXIII 33 where it is affirmed that God wishes to remove pollution (rijs) from the ahl al-bayl and to purify them thoroughly. The meaning of the ahl al-bayt in this verse is disputed. Against traditional interpretations, R. Paret has cautiously put forward the suggestion that bayl here, and in sura XI 73, relating to the story of Abraham, means the Ka'ba and that the ahl al-bayl in both verses thus are the adherents of the Islamic Ka'ba cult in general.(38) On closer examination, this interpretation must seem highly improbable in the respective context in which the term occurs. The statement concerning God's desire to purify the ahl al-bayl comes within a passage in which the wives of the Prophet are reminded of their special status, in distinction to all other women, and are admonished to act accordingly. If ahl al-bayl here meant the adherents of the Ka'ba cult, that is the Muslims in general, it would flatly contradict the intent of the context which was to raise the rank of the Prophet's wives above that of the ordinary Muslims and their women.(39) Even if it is assumed that the statement was originally an independent revelation, not part of the context addressed to Muhammad's wives into which it was later inserted, as is held by much of traditional Muslim interpretation as well as

(37) Ibn Hisham, pp. 877-8. (38) "Der Plan einer neuen Koraniibersetzung", in Orientalistische Studien Enno Littmann zu seinem 60. Geburtslag, Leiden 1935, pp. 127-30. Paret's interpretation is adopted by both Nagel, Untersuchungen, p. 88, and Sharon, Black Banners, pp. 75-6. (39) Evidently in view of this conflict, Paret suggested that verse 33 may no longer be addressed specifically to the wives of Muhammad, but rather to the Muslim women in general. However, this is hardly plausible given the close connection in meaning and syntax between verses 32 and 33.

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by R. Bell(40), it must have been understood as agreeing with the intent of the context rather than being at variance with it. Likewise in Qur'an XI 73, where the angels are addressing Sarah to rebuke her for doubting that she might give birth in view of her and Abraham's old age and are reminding her that the mercy and blessings of God are upon "you, the ahl al-bayl", the latter expression cannot refer to the ordinary adherents of the Ka'ba cult instituted by Abraham. Rather, Sarah is reminded of her raised, blessed status as a member of the Prophet Abraham's ahl al-bayl. It is thus evident that the ahl al-bayi in both verses are the families of the respective prophets, not the adherents of the Ka'ba cult instituted by them. In both cases the gender is changed to masculine plural, although those immediately addressed are the wives, or the wife, of the two prophets. The ahl al-bayt are primarily the prophets and their kin, to which the wives belong merely through marriage. The wives have to be reproachfully reminded of the implications of their special status. In the case of Qur'an XXXIII 33, the change of gender evidently encouraged speculation that the statement addressed to the ahl al-bayi originated in a separate revelation. Various edifying stories were invented connecting it with 'All, Fatima, HIasan and Husayn, and these make up the bulk of traditions quoted by al-Tabarl in his commentary on the verse.(41) In spite of their fictitious character, these stories are closer to the intended meaning of the verse than the interpretation of 'Ikrima quoted by al-Tabarl and supported by modern scholars like H. Lammens and R. Strothmann that the ahl al-bayl in the verse simply meant the Prophet's wives42. The verse confirms that the Banf Hashim were given a special status as the dhawu l-qurbd and the ahl al-bayl of Muhammad whom God wished to purify from all defilement. In the poetry of Hassan b. Thabit, too, the al Hashim are praised as the kinsmen of the Prophet. Hassan calls Muhammad the

(40) The Qur'dn, Edinburgh 1937, p. 414. (41) Al-Tabari, Jami' al-baydn, Cairo 1321, XX 5-7. (42) See al-Tabari, Jdmi', XX 7: kcdna'Ikrima yunddi f l-suq... nazalat fi nisd' alnab khdssa. The claim that'All, Fatima, and the Prophet's grandsons were meant evidently provoked a polemical reaction of 'Ikrima, known for his Kharijite leanings. Lammens, Fatima et les filles de Mahomet, Rome 1912, pp. 97-99; Strothmann, Das Siaalsrecht der Zaiditen, Strassburg 1912, pp. 19-20.

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prophet of goodness (nab( al-khayr) of the il Hcshim.(43) Of Hashim are the noble lords, those of ancient glory and noble ancestry. From among them is the Messenger of right guidance, whom God has preferred over all other men.(44) They are a people through whom darkness is illuminated and from whom blindness, horrors, and disasters are dispelled.(45) In his elegy on the death of Zayd b. Haritha and Ja'far b. Abi Talib at Mu'ta he extols he al Hashim in particular. They have ever been pillars of unceasing strength in Islam, a source of pride. They are the mountain of Islam, the people around it, massive rocks towards a high mount that astounds and conquers. Through them distress is cleared away in every predicament. They are the friends (awliyd') of God upon whom He has sent down His decree and among whom the Purified Book was descended. They are noble lords, among them Ja'far, his brother 'All, the chosen Ahmad, Hamza, al-'Abbas, and 'Aql.(46) Quite similar is the imagery used by Ka'b b. Malik on the same occasion in lamenting the death of Ja'far and concluding with a glowing praise of Hashim and their most illustrious leader, the Prophet.(47) IHassan, on the other hand, describes the Hashimite Abi Sufyan b. al-Harith b. 'Abd alMuttalib, a poet opponent of Muhammad, as an ignoble pretender falsely linked to the al Hashim.(48)

(43) W. N. 'Arafat, Diwan of Hassan Ibn Thabit, London 1971, I 109. (44) I 228. (45) I 408. (46) I 98-9. In translating this poem, A. Guillaume (The Life of Muhammad, Oxford 1955, p. 538) comments: All this reads like 'Alid propaganda. In his introduction (p. xxx) he comments further on the poem stating with reference to the line 'The best of the believers followed one another to death': "it is sufficient to remember that practically all the prophet's principal companions survived Uhud. But when this careless forger wrote all the best Muslims had long been dead." Yet the poem is about Mu'ta, not Uhud. Guillaume states further: "Here the 'Alids are the "friends' or 'saints' of God and Muhammad is little more than a member of their family." None of those mentioned aside from 'All is an 'Alid. In reality there is no good reason to doubt the authenticity of the poem. It fits perfectly well the occasion, and an 'Alid Shi'ite propagandist would hardly have mentioned al-'Abbas. (47) Ibn Hisham, pp. 799-800. (48) Diwan of IHassdn Ibn Thabit, I 398, 401, 402. Similarly the Hashimite Abf Lahab is addressed: "If you were a free man of the root of Hashim," in a poem probably falsely ascribed to Hassan (I 390).

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III The death of Muhammad and the establisment of the caliphate on the principle of sdbiqa, early merit in Islam, rather than blood relationship to the Prophet, removed the Banf Hashim from their privileged position. Abf Bakr denied them their inheritance from the Prophet claiming that he had heard him say: "We (the prophets) are not inherited. Whatever we leave is alms (sadaqa)."(49) According to Jubayr b. Mut'im, Abu Bakr also deprived the Banu Hashim of the share of the dhawu l-qurbd in the khums which Muhammad had given them.(50) The political motivation behind these measures is obvious. The concentration of the inheritance of the Prophet and the substantial share of the dhawu l-qurba in all booty would have undermined the stability of the caliphate based on sdbiqa. 'Umar and his successors (man ba'dahu), Jubayr b. Mut'im continued, resumed payment of the khums to them. Jubayr probably meant 'Umar's institution of the dfwdn for the distribution of the fay' in which the Banu Hashim were listed first and received some of the largest payments.(51) Payment from the fay' was at the same time extended to all Muslim warriors and their families. The ahl alsibiqa, beginning with the veterans of Badr, were given large stipends comparable to those of the Banu Hashim so that there was no danger of a concentration of economic power in the hands of the latter. Payment of the khums of the war booty to the Banu Hashim continued to be withheld under 'Umar and his successors. According to al-Zuhri, the Kharijite Najda wrote 'Abd Allah b. al-'Abbas concerning the Qur'anic share of the dhawu l-qurbd. Ibn al-'Abbas affirmed: "It belongs to us (the Banu Hashim). 'Umar invited us that we might pay for the marriage of the widows among us, settle our debts, and provide for services to our dependents, but we declined unless he would turn it
(49) Ibn Sa'd, II/2 p. 85; I. Hrbek, "Muhammads Nachlass und die'Aliden," in Arch. Or. XVIII/3 pp. 143-9. (50) Abfi Dawfd, 19:50; al-Maqrizi, p. 22. (51) See the traditions assembled by L. Caetani, Annali dell' Islam, IV, Milan 1911, pp. 368-417. As an expert on genealogy, Jubayr b. Mut'im was among those commissioned by 'Umar to establish the diwavn. Ibn Sa'd, III/1 p. 212.

THE

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over to us (fully). He refused that to us."(52) Only the Umayyad 'Umar II, who surrendered the oasis of Fadak to the descendants of Fatima as their inheritance from the Prophet, is also reported to have sent both the share of the Prophet and that of his kin in the khums to the Banf Hashim.(53) The disestablishment of the Banf Hashim naturally attracted the attention and sympathy of those dissatisfied with the established caliphate to them. This became even more apparent after the emergence of the Umayyad caliphate which substituted hereditary rule for the principle of sabiqa, yet whose ancestors had expressly been denied the status of dhawu l-qurba by Muhammad. At first the hopes of the opposition focused on 'All, the Hashimite with the most distinguished sabiqa, and then on his sons. Strong currents of Kufan Shi'ism clearly narrowed their support of the ahl al-bayt to the 'Alids, or to the Prophet's descendants through Fatima, from an early date. But there was widespread sympathy, even in the early Umayyad age, for the cause of the Banf Hashim in general which was not necessarily tied to 'Alid interests. When the Ansarl al-Nu'man b. Bashir (d. 65/684-5), who had earlier backed Mu'awiya against 'All, was enraged against the caliph because of al-Akhtal's lampoon of the Ansar for the benefit of the Umayyads, he addressed a poem to him in which he asserted that he was merely blandishing the 'Abd Shams, while concealing his true feelings. Mu'awiya did indeed not deserve the reign since Hashim was by right entitled to it. Through the Banf Hashim God had laid down right guidance and from them would come a rightly guiding imam at the end.(54) The Basran Abu l-Aswad al-Du'ali (d. 69/688), an ardent supporter of 'All, affirmed his love for Muhammad, 'Abbas, Hamza, the wast ('All), Ja'far b. Abl Talib, al-Hasan and al-Husayn, in a poem addressed to his anti-'Alid neighbours. Continuing his praise of the Prophet's "cousins and closest relatives", he
(52) Abf Yusuf, K. al-Khardj, Cairo 1352, pp. 20-21. (53) Abf Yfisuf, p. 21. (54) Abu l-Faraj al-Isfahani, al-Aghdn(, Cairo 1345-/1926-, XIV 126. Nagel considered the last lines of the poem mentioning Hashim as definitely forged much later at the time of the Hashimiyya movement (Alexander der Grosse in der fruhislamischen Volksliteratur, Walldorf-Hessen 1978, p. 106). The lines, however, clearly fit the context with the preceding attack on the 'Abd Shams and the reminder of the defeat of the Mekkan Quraysh by the Ansar at Badr.

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explained that he loved them for the sake of the love of God, since He had guided them and had chosen a prophet from among them.(55) In a lament for the death of al-Husayn at al-Taff he addressed his partner: "Don't you see (how) the iniquitous youths have annihilated the Banu Hashim?"(56) In another piece he initially described those slain at al-Taff by the "brutes (jufdi) of Nizar" as the sons of 'Al, the al of the House of Muhammad, but then incites the Banu Qushayr to come forth to fight for the "the best of creation in the Book of the Hashim, Creator."(57) Abu l-Aswad thus regularly placed his backing for 'All and his sons in the wider context of his love and admiration for the Banfu Hashim. Among the prominent Hashimites during the early caliphate was 'Abd Allah b. Ja'far b. Abi Talib (d. 80/699). Born during his parents' emigration to Ethiopia, he became after his father's death at Mu'ta closely attached to his uncle 'Ali whose daughter Zaynab, grand-daughter of Muhammad, he married. During 'All's caliphate he belonged, together with his cousins al-Hasan, al-Husayn, and Muhammad b. al-Hanafiyya, to the intimate family circle on whose advice and aid the caliph relied.(58) Together with al-Hasan and al-Husayn he washed the body of 'All at his funeral.(59) Al-Hasan first intimated his decision to write Mu'awiya seeking peace to al-Husayn and him(60), and jointly with the Prophet's grandsons he departed from Kufa for Medina(61). While the relations of al-Hasan and al-Husayn with Mu'awiya always remained hostile, 'Abd Allah b. Ja'far now sincerely abandoned all political ambitions and let himself be most extravagantly paid by the caliph for his positive attitude to the outcome of the filna. Mu'awiya, whom he regularly visited, is said to have granted him a million dirhams annually arousing the envy

(55) Diwan Abi l-Aswad al-Du'alf, ed. M. H. Al Yasin, Beirut 1974, pp. 119-20; in the shorter version of the poem, al-Aghani XII 321, the lines about Ja'far and the grandsons of the Prophet are missing. (56) Diwan Abi l-Aswad al-Du'alf, p. 122. (57) P. 124. (58) Al-Tabari, Ta'rikh, ed. M. J. de Goeje, Leiden 1879-1901 (henceforth quoted as Tab.), I 3186-7, 3243-5. (59) Tab. I 3463. (60) Tab. II 3.

(61) Tab II 9.

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of some of the Qurayshite aristocrats who had backed the Umayyad cause during the filna but received much smaller gifts.(62) The reason for Mu'awiya's munificence towards'Abd Allah was evidently in part his satisfaction at having secured the friendly disposition of a prominent Hashimite so closely associated with 'All and partly his appreciation of the fact that 'Abd Allah would spend most of the money for lavish gifts in Medinan society. 'Abd Allah b. Ja'far became known as one of the generous patrons of poets, musicians, and singers, male and female, assembled in Medina. When Yazid succeeded Mu'awiya as caliph, he increased the amount given to the Talibid by this father fourfold. Questioned about this huge expense, he said: "He will distribute his money. Thus my gift to him is my gift to the people of Medina."(63) Although sympathetic to his Umayyad paymasters, 'Abd Allah b. Ja'far did not become deferent. When Mu'awiya asked him to give his daughter Umm Kulthfim, great-granddaughter of Muhammad, in marriage to his son Yazid, he personally agreed but insisted that the girl's maternal uncle al-IHusayn should be asked for his consent. Al-Husayn publicly affronted Marwan, the Umayyad representative in Medina, who announced the proposed marriage as a token of reconciliation between the two families, by giving her hand to her cousin al-Qasim b. Muhammad b. Ja'far b. Abi Talib.(4) When al-Qasim b. Muhammad died, al-Hajjaj b. Yfisuf, at that time governor of Medina and Mekka, insisted on marrying Umm Kulthum. However, the caliph 'Abd al-Malik, considering the upstart Thaqafite no suitable match for the greatgranddaughter of the Prophet, ordered him to divorce her, and alHajjaj complied.(65) She married then the Umayyad Khalid b. Yazid b. Mu'awiya, who proudly proclaimed her in verses a splendid woman of 'Abd Manaf, "purified between the Prophet Muhammad and the Martyr Dhu l-Janahayn Ja'far."(66)

(62) Al-Baladhuri, Ansdb al-ashrif, IV/1, ed. Ihsan 'Abbas, Wiesbaden 1979, p.

88.
(63) Al-Baladhuri, Ansdb, IV/1 p. 289. (64) Al-Baladhuri, Ansab, IV/1 pp. 142-3. (65) Al-Zubayri, Nasab Quraysh, pp. 82-3. A more elaborate account according to which 'Abd al-Malik initially gave his consent and then was persuaded by Khalid b. Yazid to withdraw it is given by al-Mubarrad and Ibn 'Abd Rabbih. See J. Perier, Vie d'al-Hadjdjddj, Paris 1904, pp. 58-9. (66) Al-Balidhuri, Ansdb, IV/1 p. 360.

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When al-Husayn followed the invitation of the Kifans to claim the caliphate with their support, 'Abd Allah b. Ja'far wrote him a letter entreating him to abandon the dangerous revolt and to return to Medina.(67) Two of his brothers and three of his sons, who had joined al-Husayn's party, were killed with him at Karbala'.(68) After Yazid's death, he did not hesitate to give his pledge of allegiance to 'Abd Allah b. al-Zubayr, in contrast to Muhammad b. al-Hanafiyya and 'Abd Allah b. 'Umar b. alKhattab.(69) Perhaps because of this apparent disloyalty to the Umayyad cause, 'Abd al-Malik, who was married to another daughter of 'Abd Allah b. Ja'far, Umm Abiha, but divorced her during his caliphate(70), treated him much less generously. A week before his death, 'Abd Allah is said to have prayed for his end in view of his changed circumstances.(71) Despite his avoidance of political engagement after the death of his uncle, 'Abd Allah b. Ja'far maintained his independence and distinct pride as a leading member of the Banf Hashim, the ahl albayl of the Prophet. The singer and poet Malik b. Abi l-Samh of the Banu Tayyi' was placed by his father under the care of 'Abd Allah b. Ja'far for his upbringing. According to Ibn al-KalbT and Abu Ghassan Yahya b. Ghanim, 'Abd Allah "entered him and all his brothers into the kinship (di'wa) of the Banf Hashim and they are still with them to this day (the early'Abbasid age)."(72) Malik b. Abi l-Samh then attached himself to the Medinan 'Abasid poet al-Husayn b. 'Abd Allah b. 'Ubayd Allah b. al-'Abbas, a friend of 'Abd Allah b. Ja'far's grandson 'Abd Allah b. Mu'awiya. After the rise of the 'Abbasids, he visited Sulayman b. 'All b. 'Abd Allah b. al-'Abbas in Basra and joined his family on the basis of his adoptive kinship among the Banf Hashim.(73) 'Abd Allah b. Ja'far permitted himself to be lauded as a true Hashimite of the ahl al-bayt of prophethood. The famous singer

(67) Tab. II 279-80. (68) The brothers were 'Awn and Muhammad al-Asghar, Ibn 'Inaba, 'Umdat alTalib, ed. Muh. Hasan Al al-Taliqani, Najaf 1380/1961, p. 36. The sons were alHusayn, 'Awn al-Asghar, and Muhammad al-Asghar, al-Zubayri, Nasab Quraysh, p. 83. (69) Al-Baladhuri, Ansdb, IV/1, p. 352. (70) Al-Zubayri, p. 83. (71) Al-Aghinf, XII 221. (72) Al-Aghinr, V 101, 106-7. (73) Al-Aghan?, XII 101-2, 107.

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of Medina, Jamila, invited him with a letter in which she addressed him as follows: "... Forgiveness belongs to you, assembly (ma'shar) of ahl al-bayt, as is transmitted, and all goodness and excellence is stored in you. We are the slaves and you the masters Woe to him who ignores your rank and does not (mawdll)... acknowledge what God has imposed on this creation for you. The small among you is great, rather there is no one small among you, and the great one among you is eminent, rather the eminence which God has given to the creation belongs to you and is confined to you. By the Book (Qur'an) we ask you and by the truth of the Messenger we invite you..." When 'Abd Allah b. Ja'far followed her invitation, she sang for him verses of the pre-Islamic poet Hudhafa b. Ghanim in praise of Shaybat al-Hamd, that is 'Abd al-Muttalib b. Hashim, and his sons.(74) A bedouin sent away empty-handed by Marwan to 'Abd Allah b. Ja'far, who gave him a generous present, improvised some verses in which he said: "Abi Ja'far is of the people of a house of prophethood (min ahl bayt nubuwwa) whose gifts are clean for the Muslims... You are a man of Hashim, of their very core (min sam(miht), glory goes wherever you go."(75) Another bedouin whom he generously dressed with his own cloths addressed him: "You are the noble one of the Banu Hashim, and in their house (bayl) the one who is mentioned." 'Abd Allah corrected him stating: "That is the Messenger of God."(75a) Ibn Qays al-Ruqayyat, for whom he interceded with the caliph 'Abd al-Malik after the latter had vowed to destroy him, said about him: "A Hashimi in whose hands is of the buckets of glory a bucket in which a qubd' (a large measure) is a mere trickle ... His house is of the houses of 'Abd Manaf, the ultimate limit of praise, prophethood, and glory..."(76) At his funeral 'Amr, son of the caliph 'Uthman, praised him saying: "By God, if Hashim has been struck by you(r death), your loss has affected all of Quraysh."(77) Abu l-Faraj al-Isfahani further quotes a few lines by the poet Ibn Harma (90/709-ar. 170/786) describing them anachronistically

(74) Al-Aghdan, VIII 227-9. (75) Al-Aghan?, XII 217. (75a) Ibn 'Asakir, Ta'r'kh madenat Dimashq, Damascus 1329-51/1911-32, VII 342-3. (76) Al-Aghnf, XII 222-3. (77) Al-Aghan(, XII 221.

ed. 'Abd al-Qadir Badran,

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as addressed to 'Abd Allah b. Ja'far. They were probably rather addressed to 'Abd Allah's grandson 'Abd Allah b. Mu'awiya with whom Ibn Harma was associated. He praises him stating: "You occupy the heart of the al Hdshim, thus your nest is the refuge of their splitting egg. Your lineage (nisdb) is not merely For who is ascribed to them through attachment (lisdqan)... like 'Abd Allah (b. Ja'far), who like Ja'far, and who like your openhanded, noble father (Mu'awiya b. 'Abd Allah)?"(78) The activity of another branch of the Hashimites, the descendants of 'Abd al-Muttalib's eldest son al'Harith, as representatives of the ahl al-bayl of Muhammad has been noted by Nagel.(79) Some of the Banu 1-Harith settled in Basra at an early date. When the Umayyad governor of Basra, 'Ubayd Allah b. Ziyad, was forced to abandon his position after the caliph Yazid's death in 64/693, the Basrans set up 'Abd Allah b. al-Harith b. Nawfal b. al-Harith b. 'Abd al-Muttalib, known as Babba, as their leader. According to Abu 'Ubayda, al-Nu'man b. Suhban alRasibi, who proposed his candidacy, "mentioned the Prophet and the right of his ahl al-bayt and his relatives (qardba). Then he said: O people, what could you hold against a man of the cousins (bang 'amm) of your Prophet whose mother is Hind, the daughter of Abu Sufyan?"(80) Babba was evidently considered by the Basrans a potential candidate for the caliphate. He had no great ambitions, however, and soon recognized 'Abd Allah b. al-Zubayr as caliph on behalf of the town.(81) In 82/701, after the rebel leader'Abd al-Rahman b. Muhammad b. al-Ash'ath abandoned Basra for Kuifa, the Basrans rallied around 'Abd al-Rahman b. al-'Abbas b. Rabi'a b. al-Harith b. 'Abd al-Muttalib, whom Ibn al-Ash'ath had earlier appointed their commander. They swore allegiance to him having been told by his proponent: "He is a man of Quraysh and of the Bani Hashim of the ahl al-bayt of your Prophet."(82) 'Abd al-Rahman b. al'Abbas then joined Ibn al-Ash'ath as the latter retreated to

(78) Al-Aghain, XII 226. (79) Untersuchungen, pp. 77-8, 111, 167-9. (80) Tab. II 447. (81) See on his career "'Abd Allah b. al-Zubayr and the Mahdi," in JNES XL (1981), pp. 297-305. (82) Al-Baladhuri, Ansdb, in W. Ahlwardt, Anonyme arabische Chronik, Greifswald 1883, pp. 348-9, 354; Tab. II 1066.

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Sijistan, and took possession of Harat. Expelled from there he left for Sind where he died.(83) 'Abd al-Rahman's son al-Fadl was a Hashimi activist and poet. He composed an elegy on the death of Zayd b. 'All in which with the death he threatened and Umayyads II the murder of al-Walid in After destruction.(84) 126/744, he b. Hasanid 'Abd Allah al-Hasan b. in the al-Hasan encouraged some verses to rise with the sword.(84a) 'Abd Allah b. al-Hasan now tried to gain support among his kinsmen for the candidacy of his son Muhammad for the caliphate. Al-Fadl was present at the meeting of the Banf Hashim at al-Abwa' near Mekka at which Muhammad's candidacy is said to have been generally accepted.(85) When al-Fadl died in 129/746-7, 'Abd Allah b. alHasan, deeply depressed by the news, is reported to have said of him: "Our sayyid in Iraq has died."(86) In 132, 749-50, at the time of the 'Abbasid revolution, Basra was Salm the b. b. governor abandoned Qutayba by Muslim. According to al-Tabari, the Banu l-Harith b. 'Abd alMuttalib present gathered around Muhammad b. Ja'far, a descenand set him up as b. al-Harith, dant of Nawfal governor. According to al-Baladhuri and Khalifa b. al-Khayyat, it was Salm who appointed Muhammad b. Ja'far as his successor. (87) Muhammad b. Ja'far displayed the black colour of the 'Abbasids. His government lasted only a few days until the 'Abbasids seized control.
(83) Al-Balfidhuri, Ansdb, III, ed. 'Abd al-'Azlz al-Duri, Wiesbaden 1978, His brother al-Fadl al-Asghar had been killed fighting the Umayyad army 300. p. in the battle of al-Harra in 63/683 (Tab. II 413-4). His brother al-Qfsim was killed in Fars under unknown circumstances (al-Zubayri, p. 88). His brother 'Abd Allah was killed fighting in a Basran army sent by al-Hajjij to Sijistan in 78/697 (Khalifa, Ta'rfkh, ed. Akram Diyf' al-'Umari, Beirut 1397-1977, p. 277) and his brother alHarith was killed in the Basran army fighting the Khfrijite Abu Fudayk in alBahrayn in 72/691-2 (al-Zubayri p. 88). (84) Quoted by Abu l-Faraj al-Isfahan!, Maqdlil al-.Tdlibiyyin, ed. Ahmad Saqr, Cairo 1949, pp. 148-50, where Fadl b. al-'Abbas b. 'Abd al-Rahmfn should be corrected to FadI b. 'Abd al-Rahman b. al-'Abbfs. (84a) Anon., al-'Uyun wa l-hadd'iq, in Fragmenla Historicorum Arabicorum, ed. M. J. de Goeje, Leiden 1881, p. 231. (85) Maqazil, pp. 253-5; Nagel, Untersuchungen, pp. 138, 168; idem, "Ein friiher Bericht uiber den Aufstand von Muhammad b. 'Abd Allah im Jahre 145h," in Der Islam XLVI (1970), p. 259. (86) Al-Bal!dhuri, Ansdb, III 300-1. (87) Tab. III 23; al-Baladhuri, Ansdb, III 176; Khalifa, p. 405.

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Al-Fadl b. 'Abd al-Rahman's son Ya'qfb engaged himself in the revolt of the Hasanid Ibrahim b. 'Abd Allah, brother of al-Nafs alZakiyya, in 145/762 and was appointed by him governor of Fars.(88) He was imprisoned by the caliph al-Mahdi as a zindiq and killed by al-Hadi in 169/785-6.(89) Ya'qfb's brother Ishaq b. al-Fadl was among the prominent attendants of the 'Abbasid Abu l-'Abbas al-Saffah in 132/749-50.(90) Al-Mansur imprisoned him and some brothers of his, probably because of his pretensions to the caliphate. He held that after the death of the Prophet only the righteous of the Banu Hashim had been entitled to the caliphate and, more specifically, the eldest of the Banf 'Abd alMuttalib, that is, as pointed out by Nagel, the descendants of alHarith b. 'Abd al-Muttalib.(91) Ishaq b. al-Fadl was later released from prison by al-Mahdi.(92) From all these reports it is abundantly evident that throughout the age of the early caliphate there was a general awareness of the privileged position of the Banu Hashim as the kin of Muhammad and his ahl al-bayl. The Hashimites were thus widely recognized as natural candidates for leadership in the Muslim community and for the caliphate. This recognition did not result from an extension of the rights of 'Al and his descendants, on whom the hopes for a reign of the Family of the Prophet was initially for historical circumstances focussed, to other branches of his kin. Rather it was based on the status of purity and special material rights which Muhammad had conferred on them and which was confirmed by the Qur'an. It was the 'Alid Shla who more and more narrowed down the concept of the Prophet's ahl albayl to the Talibids, the 'Alids, the descendants of Fatima, and their specific lines of imams, a process naturally speeded up by the exclusive hereditary appropriation of the caliphate by the 'Abbasids, who had gained it as representatives of the Prophet's kin, and the attendant brutal persecution and repression of the 'Alids, in particular by al-Mansur. The special status of the Banu Hashim with regard to their exclusion from receiving zakat and sadaqa and their entitlement

(88) (89) (90) (91) (92)

Tab. Tab. Tab. Tab. Tab.

III 301; al-Ya'qfbi, Ta'rikh, ed. M. Th. Houtsma, Leiden 1883, II 454. III 549-50. III 61. 507, 509, 516; Nagel, Untersuchungen, pp. 168-9. III 550.

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to a share of the khums and fay' was mostly recognized by the legal schools, both Sunnite and Shi'ite. A partial exception were the Hanafites who, according to al-Mawardi, held that the special status of the Prophet's kin had lapsed upon his death and that they both could receive zakai and were not entitled to a special share of the khums and fay'.(93) This is not confirmed in respect to the zakat by al-Marghinani's Kiltb al-Hiddya, where the common doctrine of the special status of the Banf Hashim excluding them from "the dregs of the people" is upheld.(94) In respect to the entitlement to a share of the khums, however, Abf Hanifa and most Hanafi scholars according to Abu Yusuf held that the practice of the rightly-guided caliphs should be followed who divided it into only three shares, for the orphans, the poor, and the travellers.(95) This is also the position of al-Marghinani who adds that, among the poor, the Banf Hashim should be given first because of their exclusion from zakit. The wealthy among the Banfi Hashim should be given nothing since, alMarghinani asserts, the Prophet had given them only on the basis of their support of him, not because of their kinship.(96) According to Malikite doctrine, the Banu Hashim are not allowed to receive zakdt.(97) The distribution of the khums seems to have been left by the Malikites to the discretion of the imam.(98) The Shafiites included the Banu l-Muttalib both in regard to the prohibition of receiving zakdt and the entitlement to a share of the khums and fay'. Each member of the Banfi Hashim and Banu l-Muttalib should be given an equal share irrespective of

(93) Al-Mawardl, al-Ahkdm al-sultaniyya, ed. M. Enger, Bonn 1853, pp. 214,

218-9, 241-2.
(94) Al-Marghinani, al-Hiddya, Cairo 1965, I 114. Ibn al-Murtada mentions the contrary opinion ascribed to Abf Hanifa as a riwaya shddhdha. Al-Bahr alzakhkhdr, Cairo 1366-68/1947-49, II 184. (95) Abu Yiisuf, al-Khardj, pp. 19, 21. (96) Al-Marghinani, II 148. (97) See for instance Khalil b. Ishaq al-Maliki, Mukhtasar, ed. al-Tahir Ahmad al-Zawi, Cairo n.d., p. 67. Ibn al-Murtada reports, however, also the contrary opinion as one opinion of Malik. Al-Bahr al-zakhkhar, II 184. (98) Ibn al-Murtada reports as a riwaya from Malik that the imam is free to pay a share of the khums to them or to others, al-Bahr II 224. According to alMawardi (pp. 241-2), Malik agreed with Abi Hanifa that the khums should be divided into only three portions for the orphans, the poor, and the travellers. The distribution of the khums is apparently not discussed in the standard Maliki fiqh works.

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wealth and age, but the male receiving double the share of the female.(99) Among the Shi'ite schools, the Zaydis agreed most closely with Sunnite doctrine in forbidding all Hashimites to receive zakcit and in granting them the share of the dhi l-qurbd in the khums and fay'.(100) The Imamis likewise did not allow Hashimites to accept alms of the common people but held that they could receive alms of other Hashimites.(101) Concerning the khums, they held that three of its six portions, those of God, of the Prophet, and of the dhi l-qurbd, belonged to the imam, dhu l-qurbd meaning the imam in particular. The other three portions belonged to the orphans, the poor, and the travellers of the Hashimites only.(102) Only the Isma'ilTs implicitly restricted the al Muhammad and ahl al-bayl to their imams and their families excluding other Hashimites. Qadi al-Nu'man thus affirms that the sadaqdi are forbidden to the imams of the Family of Muhammad.(103) Concerning the khums, Qadi alNu'man quotes imam Ja'far as stating that it "belongs to us for the orphans, the poor, the travellers of us. There are no poor nor travellers among us today through the bounty of God. The khums is thus made abundant (muwaffar) for us."(104) Thus it belonged exclusively to the imams. W. F. Madelung (Oxford)

(99) Al-Mawardi, pp. 214, 218, 224, 242. (100) Ibn al-Murtada, al-Bahr II 184-5, 224; idem, 'Uyin al-azhdr, ed. al-Sadiq Musa, Beirut 1975, pp. 137, 145-6. (101) See for instance Miqdad al-Suyuri, ai-Tanqih al-rd'i' li-mukhtasar al-shard'i', ed. 'Abd al-Latif al-Husayni al-Kuhkamari, Qum 1404, I 324-5. Al-Suyfri adds that the Hashimi is allowed to accept alms if the khums falls short of his needs. Ibn al-Murtada (II 184) lists, besides the Imamiyya, Zayd b. 'All and alMurtada b. al-Hadi as holding the view that the alms of Hashimites are licit to other Hashimites. (102) Al-Suyiri, I 339-41. (103) Da'a'im al-Isldm, ed. A. A. A. Fyzee, Cairo 1383/1963, pp. 258-9. See his discussion of the meaning of dl Muhammad and ahl al-bayt, pp. 28-38. P. 32 the ahl bayt Muhammad are described as "of the Banu Hashim," but clearly the Banu Hashim are not identical with il Muhammad in QadI al-Nu'man's view. (104) Da'ai'im, I 386.