21:79 Al-Anbiyaa (The Prophets)

{ فَفَهَّمْنَاهَا سُلَيْمَانَ } أي: فهمناه هذه القضية، ولا يدل ذلك، أن داود لم يفهمه الله في غيرها، ولهذا خصها بالذكر بدليل قوله: { وَكُلَا } من داود وسليمان { آتَيْنَا حُكْمًا وَعِلْمًا } وهذا دليل على أن الحاكم قد يصيب الحق والصواب وقد يخطئ ذلك، وليس بمعلوم إذا أخطأ مع بذل اجتهاده. ثم ذكر ما خص به كلا منهما فقال: { وَسَخَّرْنَا مَعَ دَاوُدَ الْجِبَالَ يُسَبِّحْنَ وَالطَّيْرَ } وذلك أنه كان من أعبد الناس وأكثرهم لله ذكرا وتسبيحا وتمجيدا، وكان قد أعطاه [الله] من حسن الصوت ورقته ورخامته، ما لم يؤته أحدا من الخلق، فكان إذا سبح وأثنى على الله، جاوبته الجبال الصم والطيور البهم، وهذا فضل الله عليه وإحسانه فلهذا قال: { وَكُنَّا فَاعِلِينَ }

وقوله " ففهمناها سليمان وكلا آتينا حكما وعلما " قال ابن أبي حاتم حدثنا أبي حدثنا موسى بن إسماعيل حدثنا حماد عن حميد أن إياس ابن معاوية لما استقضى أتاه الحسن فبكى فقال ما يبكيك؟ قال يا أبا سعيد بلغني أن القضاة رجل اجتهد فأخطأ فهو في النار ورجل مال به الهوى فهو في النار ورجل اجتهد فأصاب فهو في الجنة فقال الحسن البصري: إن فيما قص الله من نبأ داود وسليمان عليه الصلاة والسلام والأنبياء حكما يرد قول هؤلاء الناس عن قولهم قال الله تعالى " وداود وسليمان إذ يحكمان في الحرث إذ نفشت فيه غنم القوم وكنا لحكمهم شاهدين " فأثنى الله على سليمان ولم يذم داود ثم قال يعني الحسن إن الله اتخذ على الحكام ثلاثا لا يشتروا به ثمنا قليلا ولا يتبعوا فيه الهوى ولا يخشوا فيه أحدا ثم تلا " يا داود إنا جعلناك خليفة في الأرض فاحكم بين الناس بالحق ولا تتبع الهوى فيضلك عن سبيل الله " وقال " فلا تخشوا الناس واخشون " وقال " ولا تشتروا بآياتي ثمنا قليلا " قلت أما الأنبياء عليهم السلام فكلهم معصومون مؤيدون من الله عز وجل وهذا مما لا خلاف فيه بين العلماء المحققين من السلف والخلف وأما من سواهم فقد ثبت في صحيح البخاري عن عمرو بن العاص أنه قال قال رسول الله "صلى الله عليه وسلم": " إذا اجتهد الحاكم فأصاب فله أجران وإذا اجتهد فأخطأ فله أجر " فهذا الحديث يرد نصا ما توهمه إياس من أن القاضي إذا اجتهد فأخطأ فهو في النار والله أعلم وفي السنن: القضاة ثلاثة قاض في الجنة وقاضيان في النار رجل علم الحق وقضى به فهو في الجنة ورجل حكم بين الناس على جهل فهو في النار ورجل علم الحق وقضى خلافه فهو في النار وقريب من هذه القصة المذكورة في القرآن ما رواه الإمام أحمد في مسنده حيث قال حدثنا علي بن حفص أخبرنا ورقاء عن أبي الزناد عن الأعرج عن أبي هريرة قال قال رسول الله "صلى الله عليه وسلم" " بينما امرأتان معهما ابنان لهما إذ جاء الذئب فأخذ أحد الابنين فتحاكمتا إلى داود فقضى به للكبرى فخرجتا فدعاهما سليمان فقال هاتوا السكين أشقه بينكما فقالت الصغرى يرحمك الله هو ابنها لا تشقه فقضى به للصغرى " وأخرجه البخاري ومسلم في صحيحيهما وبوب عليه النسائي في كتاب القضاة " باب الحاكم يوهم خلاف الحكم ليستعلم الحق " وهكذا القصة التي أوردها الحافظ أبو القاسم بن عساكر في ترجمة سليمان عليه السلام من تاريخه عن طريق الحسن بن سفيان عن صفوان بن صالح عن الوليد بن مسلم عن سعيد بن بشر عن قتادة عن مجاهد عن ابن عباس فذكر قصة مطولة ملخصها أن امرأة حسناء في زمان بني إسرائيل راودها عن نفسها أربعة من رؤسائهم فامتنعت على كل منهم فاتفقوا فيما بينهم عليها فشهدوا عند داود عليه السلام أنها مكنت من نفسها كلبا لها قد عودته ذلك منها فأمر برجمها فلما كان عشية ذلك اليوم جلس سليمان واجتمع معه ولدان مثله فانتصب حاكما وتزيّا أربعة منهم بزي أولئك وآخر بزي المرأة وشهدوا عليها بأنها مكنت من نفسها كلبا فقال سليمان فرقوا بينهم فسأل أولهم ما كان لون الكلب فقال أسود فعزله واستدعى الآخر فسأله عن لونه فقال أحمر وقال الآخر أغبش وقال الآخر أبيض فأمر عند ذلك بقتلهم فحكي ذلك لداود عليه السلام فاستدعى من فوره بأولئك الأربعة فسألهم متفرقين عن لون ذلك الكلب فاختلفوا عليه فأمر بقتلهم وقوله " وسخرنا مع داود الجبال يسبحن والطير " الآية وذلك لطيب صوته بتلاوة كتابه الزبور وكان إذا ترنم به تقف الطير في الهواء فتجاوبه وترد عليه الجبال تأويبا ولهذا لما مر النبي صلى الله عليه وسلم على أبي موسى الأشعري وهو يتلو القرآن من الليل وكان له صوت طيب جدا فوقف واستمع لقراءته وقال: لقد أوتي هذا مزمارا من مزامير آل داود " قال يا رسول الله لو علمت أنك تستمع لحبرته لك تحبيرا وقال أبو عثمان النهدي ما سمعت صوت صنج ولا بربط ولا مزمار مثل صوت أبي موسى رضي الله عنه ومع هذا قال عليه الصلاة والسلام " لقد أوتي مزمارا من مزامير آل داود ".

Dawud and Sulayman and the Signs which They were given; the Story of the People whose Sheep pastured at Night in the Field

Abu Ishaq narrated from Murrah from Ibn Mas`ud: "That crop was grapes, bunches of which were dangling." This was also the view of Shurayh. Ibn `Abbas said: "Nafash means grazing." Shurayh, Az-Zuhri and Qatadah said: "Nafash only happens at night." Qatadah added, "and Al-Haml is grazing during the day."

وَدَاوُودَ وَسُلَيْمَـنَ إِذْ يَحْكُمَانِ فِى الْحَرْثِ إِذْ نَفَشَتْ فِيهِ غَنَمُ الْقَوْمِ

(And (remember) Dawud and Sulayman, when they gave judgement in the case of the field in which the sheep of certain people had pastured at night;) Ibn Jarir recorded that Ibn Mas`ud said: "Grapes which had grown and their bunches were spoiled by the sheep. Dawud (David) ruled that the owner of the grapes should keep the sheep. Sulayman (Solomon) said, `Not like this, O Prophet of Allah!' Dawud said, `How then' Sulayman said: `Give the grapes to the owner of the sheep and let him tend them until they grow back as they were, and give the sheep to the owner of the grapes and let him benefit from them until the grapes have grown back as they were. Then the grapes should be given back to their owner, and the sheep should be given back to their owner.' This is what Allah said:

فَفَهَّمْنَـهَا سُلَيْمَـنَ

(And We made Sulayman to understand (the case).)" This was also reported by Al-`Awfi from Ibn `Abbas.

فَفَهَّمْنَـهَا سُلَيْمَـنَ وَكُلاًّ ءَاتَيْنَا حُكْماً وَعِلْماً

(And We made Sulayman to understand (the case); and to each of them We gave wisdom and knowledge.) Ibn Abi Hatim recorded that when Iyas bin Mu`awiyah was appointed as a judge, Al-Hasan came to him and found Iyas weeping. Al-Hasan said, "Why are you weeping" Iyas said, "O Abu Sa`id, What I heard about judges among them a judge is he, who studies a case and his judgment is wrong, so he will go to Hell; another judge is he who is biased because of his own whims and desires, so he will go to Hell; and the other judge he who studies a case and gives the right judgement, so he will go to Paradise." Al-Hasan Al-Basari said: "But what Allah tells us about Dawud and Sulayman (peace be upon them both) and the Prophets and whatever judgements they made proves that what these people said is wrong. Allah says:

وَدَاوُودَ وَسُلَيْمَـنَ إِذْ يَحْكُمَانِ فِى الْحَرْثِ إِذْ نَفَشَتْ فِيهِ غَنَمُ الْقَوْمِ وَكُنَّا لِحُكْمِهِمْ شَـهِدِينَ

(And (remember) Dawud and Sulayman, when they gave judgement in the case of the field in which the sheep of certain people had pastured at night; and We were witness to their judgement.) Allah praised Sulayman but He did not condemn Dawud." Then he -- Al-Hasan -- said, "Allah enjoins three things upon the judges: not to sell thereby for some miserable price; not to follow their own whims and desires; and not to fear anyone concerning their judgements. " Then he recited:

يدَاوُودُ إِنَّا جَعَلْنَـكَ خَلِيفَةً فِى الاٌّرْضِ فَاحْكُمْ بَيْنَ النَّاسِ بِالْحَقِّ وَلاَ تَتَّبِعِ الْهَوَى فَيُضِلَّكَ عَن سَبِيلِ اللَّهِ

(O Dawud! Verily, We have placed you as a successor on the earth; so judge you between men in truth and follow not your desire -- for it will mislead you from the path of Allah.) 38:26

فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ

(Therefore fear not men but fear Me) 5:44

وَلاَ تَشْتَرُواْ بِـَايَـتِى ثَمَناً قَلِيلاً

(and sell not My Ayat for a miserable price.) 5:44 I say: with regard to the Prophets (peace be upon them all), all of them were infallible and supported by Allah. With regard to others, it is recorded in Sahih Al-Bukhari from `Amir bin Al-`As that the Messenger of Allah ﷺ said:

«إِذَا اجْتَهَدَ الْحَاكِمُ فَأَصَابَ، فَلَهُ أَجْرَانِ، وَإِذَا اجْتَهَدَ فَأَخْطَأَ، فَلَهُ أَجْر»

(If the judge does his best, studies the case and reaches the right conclusion, he will have two rewards. If he does his best, studies the case and reaches the wrong conclusion, he will have one reward.) This Hadith refutes the idea of Iyas, who thought that if he did his best, studied the case and reached the wrong conclusion, he would go to Hell. And Allah knows best. Similar to story in the Qur'an is the report recorded by Imam Ahmad in his Musnad from Abu Hurayrah, who said that the Messenger of Allah ﷺ said:

«بَيْنَمَا امْرَأَتَانِ مَعَهُمَا ابْنَانِ لَهُمَا، إِذْ جَاءَ الذِّئْبُ فَأَخَذَ أَحَدَ الْابْنَيْنِ فَتَحَاكَمَتَا إِلَىىَداوُدَ، فَقَضَى بِهِ لِلْكُبْرَى، فَخَرَجَتَا فَدَعَاهُمَا سُلَيْمَانُ فَقَالَ: هَاتُوا السِّكِّينَ أَشُقُّهُ بَيْنَكُمَا: فَقَالَتِ الصُّغْرَى: يَرْحَمُكَ اللهُ هُوَ ابْنُهَا لَا تَشُقَّهُ، فَقَضَى بِهِ لِلصُّغْرَى»

(There were two women who each had a son. The wolf came and took one of the children, and they referred their dispute to Dawud. He ruled that the (remaining) child belonged to the older woman. They left, then Sulayman called them and said, "Give me a sword and I will divide him between the two of you." The younger woman said, "May Allah have mercy on you! He is her child, do not cut him up!" So he ruled that the child belonged to the younger woman). This was also recorded by Al-Bukhari and Muslim in their Sahihs. An-Nasa'i also devoted a chapter to this in the Book of Judgements.

وَسَخَّرْنَا مَعَ دَاوُودَ الْجِبَالَ يُسَبِّحْنَ وَالطَّيْرَ

(And We subjected the mountains and the birds to glorify Our praises along with Dawud.) This refers to the beauty of his voice when he recited his Book, Az-Zabur. When he recited it in a beautiful manner, the birds would stop and hover in the air, and would repeat after him, and the mountains would respond and echo his words. The Prophet passed by Abu Musa Al-Ash`ari while he was reciting Qur'an at night, and he had a very beautiful voice, he stopped and listened to his recitation, and said:

«لَقَدْ أُوتِيَ هَذَا مِزْمَارًا مِنْ مَزَامِيرِ آلِ دَاوُد»

(This man has been given one of the wind instruments (nice voices) of the family of Dawud.) He said: "O Messenger of Allah, if I had known that you were listening, I would have done my best for you."

وَعَلَّمْنَاهُ صَنْعَةَ لَبُوسٍ لَّكُمْ لِتُحْصِنَكُمْ مِّن بَأْسِكُمْ

(And We taught him the making of metal coats of mail, to protect you in your fighting.) meaning, the manufacture of chain-armor. Qatadah said that before that, they used to wear plated armor; he was the first one to make rings of chain-armor. This is like the Ayah:

وَأَلَنَّا لَهُ الْحَدِيدَأَنِ اعْمَلْ سَـبِغَـتٍ وَقَدِّرْ فِى السَّرْدِ

(And We made the iron soft for him. Saying: "Make you perfect coats of mail, and balance well the rings of chain armor.") 34:10-11, meaning, do not make the pegs so loose that the rings (of chain mail) will shake, or make it so tight that they will not be able to move at all. Allah says:

لِتُحْصِنَكُمْ مِّن بَأْسِكُمْ

(to protect you in your fighting.) meaning, in your battles.

فَهَلْ أَنتُمْ شَـكِرُونَ

(Are you then grateful) means, `Allah blessed you when He inspired His servant Dawud and taught him that for your sake.'

The Power of Sulayman is unparalleled

وَلِسُلَيْمَـنَ الرِّيحَ عَاصِفَةً

(And to Sulayman (We subjected) the wind strongly raging,) means, `We subjugated the strong wind to Sulayman.'

تَجْرِي بِأَمْرِهِ إِلَى الْأَرْضِ الَّتِي بَارَكْنَا فِيهَا

(running by his command towards the land which We had blessed.) meaning, the land of Ash-Sham (Greater Syria).

وَكُنَّا بِكُلِّ شَىْءٍ عَـلِمِينَ

(And of everything We are the All-Knower.) He had a mat made of wood on which he would place all the equipment of his kingship; horses, camels, tents and troops, then he would command the wind to carry it, and he would go underneath it and it would carry him aloft, shading him and protecting him from the heat, until it reached wherever he wanted to go in the land. Then it would come down and deposit his equipment and entourage. Allah says:

فَسَخَّرْنَا لَهُ الرِّيحَ تَجْرِى بِأَمْرِهِ رُخَآءً حَيْثُ أَصَابَ

(So, We subjected to him the wind; it blew gently by his order whithersoever he willed.) 38:36

غُدُوُّهَا شَهْرٌ وَرَوَاحُهَا شَهْرٌ

(its morning was a month's (journey), and its afternoon was a month's) 34:12

وَمِنَ الشَّيَـطِينِ مَن يَغُوصُونَ لَهُ

(And of the Shayatin were some who dived for him,) means, they dived into the water to retrieve pearls, jewels, etc., for him.

وَيَعْمَلُونَ عَمَلاً دُونَ ذلِكَ

(and did other work besides that;) This is like the Ayah:

وَالشَّيَـطِينَ كُلَّ بَنَّآءٍ وَغَوَّاصٍ - وَآخَرِينَ مُقَرَّنِينَ فِي الْأَصْفَادِ

(And also the Shayatin, every kind of builder and diver. And also others bound in fetters.) 38:37-38.

وَكُنَّا لَهُمْ حَـفِظِينَ

(and it was We Who guarded them.) means, Allah protected him lest any of these Shayatin did him any harm. All of them were subject to his control and domination, and none of them would have dared to approach him. He was in charge of them and if he wanted, he could set free or detain whomever among them he wished. Allah says:

وَآخَرِينَ مُقَرَّنِينَ فِي الْأَصْفَادِ

(And also others bound in fetters.) 38:38

And We gave understanding of this that is the judgement to Solomon. It is said that both of their decisions were the result of independent judgement exercised by both and that David consulted Solomon; but it is also said that their decisions were by way of inspiration from God — the second decision abrogated the first. And to each of the twain We gave judgement prophethood and knowledge in matters of religion. And We disposed the mountains to glorify God with David and the birds also were disposed to glorify God with him for he David had commanded such glorification on their part so that whenever there was a lapse on his part he would be reminded to apply himself to the task of glorifying God promptly. And We were certainly doers of this disposing of them to glorify God along with him even if it should amaze you that they should be able to respond to the lord David.

فَفَهَّمْنَاهَا سُلَيْمَانَ (So We enabled Sulayman to understand it - 21:79). This expression means that Allah Ta` ala had made known to Sayyidna Sulayman (علیہ السلام) the judgment which was better. Although the judgment passed by Sayyidna Dawud (علیہ السلام) was not in conflict with religious jurisprudence, but the one adjudged by Sulayman (علیہ السلام) was inspired by Allah and was therefore, more appropriate because it benefitted both the parties without hurting either.

Imam Baghawi (رح) has reported this story on authority of Sayyidna Ibn ` Abbas ؓ and Qatadah and Zuhri that two persons came to Sayyidna Dawud (علیہ السلام) . One of them had a flock of goats and the other one owned a field on which he grew crops. The latter made a complaint against the former that his goats entered his field at night and ate up his crop (It appears that the respondent had accepted the petitioner's complaint and presumably the value of the flock of goats was equal to the value of the crop). Thus Sayyidna Dawud (علیہ السلام) announced his judgment that the owner of the goats should give his entire flock to the other man in compensation for his loss. (This judgment was in line with the religious jurisprudence which requires that if goods valued by a price are destroyed by someone, the amount of compensation will be determined according to that price. In this case, the value of the crop was the same as the value of the flock; hence the judgment. When these two men i.e. the complainant and the respondent, emerged from the court of Sayyidna Dawud (علیہ السلام) they met Sayyidna Sulayman (علیہ السلام) at the door. He enquired from them about the judgment of their case, which they related to him. After hearing the judgment he remarked that if he were the judge in this case his verdict would have been different, which would be to the benefit of both parties. Then he went to his father Sayyidna Dawud (علیہ السلام) and repeated the same thing. Thereupon Sayyidna Dawud (علیہ السلام) enquired from him as to what kind of verdict he had in mind which would be more beneficial to both the parties. He replied that it would be more just and equitable if the flock of goats is given to the owner of the field so that he could use to his own benefit their milk, wool etc. and his field is given to the goats-man who should cultivate it and grow crops in it. When the field returns to the same condition in which it was before it was eaten by the goats, then the two men should get back their respective properties. Sayyidna Dawud (علیہ السلام) approved this judgment, called back the two men and announced the second judgment to them. (Mahari, Qurtubi, etc.)

Can the verdict of a Judge (Qadi) be changed or annulled after it has been announced?

It will be observed that Sayyidna Dawud (علیہ السلام) had pronounced a judgment which he revoked after hearing the views of Sayyidna Sulayman علیہ السلام . Here a question arises whether a Qadi (Judge) has the authority to change his own verdict pronounced by him earlier.

Qurtubi has discussed this and similar matters in great detail, the gist of which is that where a Qadi (Judge) has given a verdict which is in conflict with the religious jurisprudence or is contrary to the views held by the people at large, then, by consensus of the Ummah, such a verdict is not valid. Then it is not only permissible but mandatory on any other Qadi (Judge) to nullify the verdict and to issue a fresh judgment in line with religious jurisprudence, and also to remove the incompetent Qadi from his position of authority. But, if the judgment of a Qadi is based on religious jurisprudence and Ijtihad (اِجتِھاد) then it is not permissible for any other Qadis (Judges) to revoke that judgment, because if this is allowed, the whole judicial system will collapse and Islamic Law will become a plaything in the hands of different people. However, if a Qadi, after passing a verdict according to the dictates of Ijtihad realizes that he had erred in his earlier judgment and Ijtihad, then it is allowed, rather preferable, that he himself should change the verdict. In a detailed letter which Sayyidna ` Umar ؓ wrote to Abu Musa al-Asha` ri elaborating the principles governing the administration of justice and disposal of court cases, he said that in case Ijtihad (اِجتِھاد) changes after announcing a judgment then the judgment should be changed to conform to the changed Ijtihad (اِجتِھاد) (This letter is reported by Dar Qutni).

According to great commentator (امام تفسیر)Mujahid (رح) both the judgments are bona fide and correct in their own respective right. The verdict passed by Sayyidna Dawud علیہ السلام was strictly judicial, whereas the judgment made by Sayyidna Sulayman علیہ السلام was in the nature of a compromise between the two parties. The Holy Qur'an itself says , وَالصُّلْحُ خَيْرٌ‌ (And compromise is better - 4:128). That is why the second judgment was praised by Allah Ta` ala. (Mazhari)

Sayyidna ` Umar ؓ had instructed all his Qadis (Judges) that when a dispute was raised before them, they should try to arrange a compromise between the parties. If a compromise was not possible, only then they should pass their judgment according to religious jurisprudence. The advantage in following this procedure, as he described it, was that in a legal judgment the loser has no option but to accept it, but at heart he develops a sense of hostility and hatred against his rival which is not healthy between the two Muslims. On the other hand, in the case of a compromise between the contesting parties, the element of hatred and ill will is removed. (From Mu'inal-Hukkam)

Therefore, according to the explanation propounded by Mujahid (رح) it was not a case of revoking or changing an earlier verdict, rather a compromise was willingly agreed between both the parties to the dispute, before they left the court.

If two Mujtahids by their separate Ijtihad pass two conflicting verdicts, should both be regarded as valid or should one of them be rejected?

A number of commentators have discussed this subject briefly or in detail whether all Mujtahideen (` مُجتَھِدِینَ ) be regarded as correct in their judgment (مُصِیب) and two opposing verdicts be taken as valid or, in case of conflict, one judgment be accepted and the other rejected. Qurtubi has dealt this subject in great detail. Religious scholars have held different views on the subject from the very beginning, while projecting their reasoning. All have derived support for their views from this very verse. Those who support the argument that even conflicting verdicts are valid base their reasoning on the last sentence of the verse viz وَكُلًّا آتَيْنَا حُكْمًا وَعِلْمًا (And to each one of them We gave wisdom and knowledge - 21:79). The sentence points out in clear terms that Allah Ta` ala had bestowed wisdom and knowledge to both Sayyidna Dawud and Sulayman (علیہما السلام) and there is no admonition to the former, nor is he warned for any error on his part. Therefore it proves that both the judgments given by Sayyidna Dawud علیہ السلام and Sulayman علیہ السلام were correct and valid. However, the judgment given by Sulayman (علیہ السلام) was preferred because it was advantageous to both the parties. As for those who argue that in the event of an Ijtihadi (اِجتِھادی) difference only one judgment can be correct and the other must be rejected as invalid, they too offer the first sentence of this very verse i.e. فَفَهَّمْنَاهَا سُلَيْمَانَ (So, We enabled Sulayman (علیہ السلام) to understand it - 21:79) in support of their argument. They say that there is a specific reference to Sulayman (علیہ السلام) to whom the correct decision was revealed by Allah. It, therefore, follows that the verdict announced by Sayyidna Dawud (علیہ السلام) was not right even though he might have arrived at this decision through his Ijtihad (اِجتِہھاد) and was, therefore, free from all blame. This subject has been discussed in great detail in the books of jurisprudence. Here one should keep in mind that the Holy Prophet ﷺ has said that if someone did Ijtihad (اِجتِہھاد) and gave a decision in accordance with the religious principles governing Ijtihad اِجتِہھاد ، and his Ijtihad is correct, he will be granted two rewards one for the the labour involved in making the Ijtihad, and the other for arriving at the right decision. But if he erred in his Ijtihad he would still get one reward for just his labour. (This Hadith is reported in most books of authoritative ahadith). This Hadith also explains that the difference among the scholars on this issue is one of semantics only.

For those who believe that both the conflicting judgment are valid, the consequences are that for the erring Mujtahid مُجتَھِد as well as his followers that Ijtihad اِجتِہھاد is correct and acting upon it will lead to their salvation. As for the view that only one verdict is correct and the other is wrong, the consequence of that also is no more than that the reward of the erring Mujtahid will be lesser because his Ijtihad fell short of the absolute right decision. However, he will be free from all blame and his followers will not be regarded as sinners. (Those who wish to see further details on the subject are advised to refer to Qurtub s commentary, where the subject is discussed in great detail).

The question of animals of a person harming another person or damaging his property

One can deduce from the verdict passed by Sayyidna Dawud (علیہ السلام) that if the animals of someone damage the property of a person at night, the owner of the animals will have to compensate the suffering party for his loss. However, it does not follow that a verdict given in accordance with the legal code of Sayyidna Dawud (علیہ السلام) must ipso facto be adopted in the Shari'ah of the Holy Prophet ﷺ also. This is why there is a difference of opinion among the cardinal jurists on this issue. The ruling given by Imam Shafi` i (رح) says that if someone's animals damage the fields of another person at night, the owner of the animals will have to compensate for the loss, but if the animals damage the field during day time, then there shall be no compensation due on the owner of the animals. This ruling can be said to be drawn from the judgment of Sayyidna Dawud (علیہ السلام) also, but, in fact he has based his ruling on a saying of the Prophet Muhammad ﷺ ، which has been reported in Muwatta' of Imam Malik as Mursal (مُرسَل). This hadith concerns an incident in which a camel belonging to Sayyidna Bara' Ibn ` Azib ؓ entered someone's orchard and damaged it. The matter when reported to the Holy Prophet ﷺ ، he ruled that the responsibility for protecting these fields and orchards at night rested on the owners, but if in spite of all reasonable measures adopted by them, the animals damaged the crop, then the owner of the animals shall be required to compensate for the loss. On the other hand the Imam Azam Abu Hanifah (رح) and other jurists of Kufa School hold the view that if the owner or the shepherd is with the animals, and yet they damage the field or the orchard due to his negligence, then the compensation for the loss rests with the owner irrespective of whether the damage is caused during day or night. But where unattended animal wandered into somebody's field damaging the same without any negligence on the part of the owner, then the owner of the animals will not be held liable for compensation, regardless of the time of day or night when the damage is caused. Imam Abu Hanifah (رح) has based this ruling on the Hadith جَبَّار جرح العجمَا - (the wound caused by an animal is not compensated) which is reported by Bukhari and Muslim and all other Scholars of Hadith. It means that the owner of the animal is not bound to compensate the owner of the field for any loss caused by his animal (provided that the owner or the shepherd is not with the animal at the time of the damage). This saying has set the rule that irrespective of the time of day or night, if the animal has not been let loose deliberately by its owner into somebody's field and the animal has escaped, then the owner is not liable to make good the loss caused by his animal.

Glorification of Allah by birds and mountains

وَسَخَّرْ‌نَا مَعَ دَاوُودَ الْجِبَالَ يُسَبِّحْنَ وَالطَّيْرَ‌ وَكُنَّا فَاعِلِينَ (And with Dawud We subjugated the mountains that proclaimed the purity of Allah, and the birds as well. And We were the One who did (it) - 21:79.) Allah Ta` ala had granted Sayyidna Dawud (علیہ السلام) a melodious voice among the other outward absolute excellences. When he used to recite Zabur the birds would stop in their flight and join him in recitation. In the same way the mountains and the trees used to produce sounds as if they were singing praises to glorify Allah. A melodious voice was an external attribute granted to him by Allah and the joining with him of the birds and the mountains in praising Allah with him was a miracle. Now, for a miracle to happen it is not necessary that the birds and the mountains must necessarily possess life and intelligence; rather a miracle can give intelligence and knowledge to those objects which were without these attributes earlier. However .scientific research has proved that rocks and mountains do have life and knowledge to a limited extent. Among the companions Sayyidna Abu Musa al-Ash` ari (رح) had a very sweet voice. Once the Holy Prophet ﷺ passed by him when he was reciting the Holy Qur'an. The Holy Prophet ﷺ stopped and listened to the recitation. Then he remarked that Allah Ta` ala had granted him the sweet voice of Dawud (علیہ السلام) . When Abu Musa ؓ learnt that the Holy Prophet ﷺ had been listening to his recitation, he said" Had I known that you were listening, I would have tried to recite with greater care".

So We made Solomon understand this, and to both We gave judgment and knowledge. He gave Solomon such a tremendous kingdom, but He did not count it as a favor. Rather, He showed him its insignificance when He said, “This is Our gift, so bestow” [38:39], that is, “Give it to whomsoever you want because of its insignificance and meanness.” When He reached knowl- edge and understanding, He declared its eminence and counted it a favor toward him: “So We made Solomon understand this.” The knowledge of understanding is beyond the knowledge of commentary and interpretation. Commentary comes through teaching and instruction, interpretation comes through right guidance and success-giving, and understanding without intermediary comes through Lordly inspiration. Commentary without a master is useless, interpretation without exertion is incorrect, and the pos- sessor of understanding has no teacher other than the Real. Commentary and interpretation come through knowledge and striving, and understanding comes through finding and being pulled. Ḥasan Baṣrī said, “I asked Ḥudhayfa Yamān about knowledge of inwardness,” that is, under- standing. “Ḥudhayfa said that he asked God's Messenger, who said, 'a knowledge between God and His friends, of which no proximate angel or any of His creatures is aware.'” The understanding of these Men concerning the secrets of the Book and the Sunnah reached an inviolable sanctuary around which the imaginations of the lords of outwardness do not have the gall to circle. From each letter they have a station, from each word a message, from each verse a realm, from each chapter a burning and a celebration. In their road threats are promises, and in their case promises are hard cash. Paradise and hell are way stations on their road, and everything less than the Real is for them unreal. In the desert of their present moment this world and the next world are two miles. By day they are in the lodging of secret whispering, by night in the litter of joy. By day they gaze upon the artifacts, by night they contemplate the beauty of the Artisan. By day they are with the people in good character and by night with the Real in the footing of truthful- ness [10:2]. By day they are in the work, by night in drunkenness. By day they seek the road, by night they speak of the mysteries. My night is the forenoon sun from Your face- the darkness is only in the sky. The people are in the darkness from their night, but we are in brightness from Your face.