The contention was wrong because the Prophet (a.

The contention was wrong because the Prophet (a.s) in his time had decided cases on the basis of the evidence of even a single witness. If Abū-Bakr wanted he could have decided in favor of Fatimah (a.s) by taking an oath from `Ali (a.s) that the Prophet (a.s) had given the land at Fadak as hibah to her. In the books of tradition, there are several cases where even the need of a witness was not considered for arriving at a decision considering the personal status of the claimant.

In some cases, they accepted the evidence of one witness only. When the sons of Suhayb went to the court of Marwan claiming that the Prophet (a.s) had given two houses and a room to Suhayb, they were asked to produce their witness. They said Ibn `Umar will bear witness for them. Ibn `Umar was called to the court: “He witnessed that the Prophet (a.s) had given to Suhayb two houses and a room.

Marwan gave a verdict in their favor on the basis of the evidence of Ibn `Umar.”[2] At that time neither Ibn `Umar’s evidence was deemed incomplete nor was there any delay in accepting it. Was `Ali (a.s) not even of the status of Ibn `Umar that his evidence was not accepted. On Ibn `Umar there was a remark that he had owed allegiance to the evil Yazid. Those who bore witness in the matter of Fadak were known for their nobility and strength of character.

Therefore, al-Ma’mūn once asked the scholars their opinion about those who bore witness about the hibah of the land of Fadak.

All of them said that they were truthful and straightforward: [1] Al-Istī`āb, Vol 4, Page 366 [2] Sahīh al-Bukhārī, Vol 1, Page 357 “When the scholars unanimously agreed about their truthfulness, al-Ma’mūn gave Fadak to the progeny of Fatimah (a.s) and gave them a certificate to the effect.”[1] There was no justification of even rejecting the claim of Fatimah (a.s) to the inheritance left by her father, the Prophet (a.s).

The tradition that Abū-Bakr quoted in support of his claim is quite contrary to the Command of the Holy Qur’an that says, وَلِكُلٍّ جَعَلْنَا مَوَالِيَ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ. “And to every one We have appointed heirs of what parents and near relatives leave. (4/33)” When this verse is there, there is no justification in terming the Prophet’s inheritance as sadaqah and depriving his daughter of the ownership of the land.

If it was sadaqah , then the Prophet (a.s) would have immediately distributed it to the poor and needy as soon as it came in his possession.

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