Shaykh Mufti Kamaluddin Ibn Talha Shafiyee recorded in Matalib al Seul...
Shaykh Mufti Kamaluddin Ibn Talha Shafiyee recorded in Matalib al Seul: When the battle came to an end Imam Hasan gave a sermon wherein he said’People of Allah! You know that Allah guided the people through my grandfather, and saved you from error and took you out of Jahiliyya. Mu’awiya has fought me over that matter which is my right not Mu’awiya’s.
I was worried about protecting the Ummah, and you gave me bayya on the condition that you make peace with whoever I make peace with and fight whosever I fight. I looked at the problems and made peace with Mu’awiya and put an end to war. The comments of Imam Hasan (as) prove that Mu’awiya was not entitled to the Khilafath, rather he deemed him an unjust thief, and he made peace due to difficulties, and made peace like the Prophet (s) did with the Kufafr of Makka.
In the same way objections and wrong interpretations cannot be brought for the Prophet (s) making peace with the Kuffar of Makka, the same is the case with Imam Hasan (as) making peace with Mu’awiya. Reply Four Imam Hasan (as) deemed the Khilafath to be his own right (5).
We read in ‘Maqtal Hussain’ and ‘Asadul Ghaba’ that Imam Hasan (as) said: “Verily, the matter in which I and Muawiya disputed, either this is my right, and I left this in Muawiyah’s favor in order to protect the Ummah, or this is the right of a person who is more deserving for this post, hence I left this on account of that person”.
The words of Imam Hasan (as) prove that he (as) deemed caliphate to be his own right and did not deem Muawiyah to be eligible for that responsibility but since Muawiyah was a terrorist and wasnt hesitant in sheding the blood of innocents thus Imam Hassan (as) accepted the treaty which doesnt mean he accepted the caliphate of Muawiyah.
A Nasibi excuse and its reply: Here Nawasib may argue that Imam Hassan (as) mentioned ‘right’ (haq) through the words ‘Imma’ and ‘Aw’ which shows the possibility that he deemed the ‘right’ (haq) belonged to Muawiyah. To those Nawasib, we would like to remind them the verse of Holy Quran (6) which also contained the words ‘Imma’ and ‘Aw’.
Say: “Who gives you sustenance, from the heavens and the earth?” Say: “It is Allah; and certain it is that either we or ye are on right guidance or in manifest error!”(7) If we look at this verse, apparently this shows that (God forbid) Prophet [s.a.w.a] was not sure about Him (as) being on guidance but that was certainly not the required meaning.