Abū-Bakr said, ‘Allah’s Messenger (a.

Abū-Bakr said, ‘Allah’s Messenger (a.s) has observed that the prophets do not give any inheritance. Whatever they leave behind is a sadaqah (charity)’. Fatimah (a.s) was very angry at this and severed all contact with Abū-Bakr until her demise.”[1] If we presume that neither a donation was made of the Fadak nor it was an inheritance, what was the problem in Abū-Bakr giving away the land to Fatimah (a.s) considering her nearness to the Prophet (a.s).

It is considered a right and the duty of a ruler that he can give anything to anyone at his discretion!

Therefore, Muhammad al-Khadrami al-Misri writes: “The Shari`ah of Islam does not prevent the ruler from giving any gift to any Muslim.”[2] Abū-Rayyah, an Egyptian scholar, writes: “It is the right of the Khalifah that he can give what he wants to give to anyone!” Therefore, Abū-Bakr gave to al-Zubayr ibn al-`Awwam a property in the valley of al-Jurf and `Umar too transferred to him a property in the Valley of `Aqiq. `Uthman gave away Fadak to Marwan during his reign.

Why did not Abū-Bakr give the garden of Fadak to Fatimah (a.s) in the same manner? Fatimah (a.s) was certainly angry with Abū-Bakr and the gravity of this anger can be judged from what the Prophet (a.s) himself had said: “O Fatimah (a.s)! Allah is angry if you are angry and if you are happy Allah will be happy!”[3] It surprises one as to what rule of Shari`ah was followed when the claim of Fatimah (a.s) was turned down.

The Prophet (a.s) had given to her the possession of the land and made the document of donation. If the possession was not there, Abū-Bakr could have said that since she was not in possession [1] Sahīh al-Bukhārī, Vol 2, Page 132 [2] Itmām al-Wafā, Vol 2, Page 132 [3] Al-Isābah, Vol 4, Page 366 of the land the donation was incomplete. Since possession is the proof of ownership, the burden of proof was on Abū-Bakr to establish that the donation was wrong.

There was no need for him to ask her to produce witnesses. Could anyone have doubted Fatimah (a.s) would tell falsehoods juts to keep possession of the Fadak and make a claim over something that did not belong to her.

Her truthfulness is an established fact and the certificate is issued by no less a person than `A’ishah: “I have not found anyone other than Fatimah’s father more truthful than Fatimah.”[1] When Fatimah al-Zahra’ (a.s) presented the witnesses then Abū-Bakr said that the evidence was incomplete.