regarding the captives of Badr (4), and regarding the reconciliation with the disbelievers on the day of the Trench (5), and regarding meeting the disbelievers on the day of Badr (6). It was narrated: "There was no one more consultative with his companions than the Messenger of Allah (peace and blessings of Allah be upon him)" (7). Abu Bakr consulted the people regarding the grandmother’s inheritance (8), and Umar regarding the blood money for a fetus (9), and the Companions were consulted regarding the penalty for drinking wine (10). It was narrated that Umar used to have a group of the Companions of the Messenger of Allah (peace and blessings of Allah be upon him) with him, including Uthman, Ali, Talhah, Al-Zubayr, and Abd al-Rahman ibn Awf, and when a matter befell him, he would consult them regarding it (11). There is no disagreement regarding the desirability of this. Ahmad said: "When Sa'd ibn Ibrahim assumed the judgeship of Medina, he would sit between Al-Qasim and Salim to consult them. And when Muharib ibn Dithar assumed the judgeship of Kufa, he would sit between Al-Hakam and Hammad to consult them. How excellent this is, if judges were to practice it—consulting and waiting!" This is because through consultation, one may become aware of something, and by discussing it, one may recall what he had forgotten. Furthermore, encompassing all knowledge is impossible, and someone of a lower rank than the judge may be alerted to the right course of action or the circumstances of the incident, so how much more so for one who is his equal or superior! It was narrated that Abu Bakr al-Siddiq, may Allah be pleased with him, was approached by the two grandmothers; he granted the inheritance to the mother's mother and excluded the father's mother. Abd al-Rahman ibn Sahl said to him: "O Caliph of the Messenger of Allah, you have excluded the one who, if she were to die, she would be inherited from, and granted the inheritance to the one who, if she (12) were to die, she would not be inherited from." So Abu Bakr retracted and made them share [the inheritance] (13). Umar ibn Shabbah narrated from Al-Sha'bi,
(4) Its verification was previously provided on 13/45. (5) See what preceded on 13/156. (6) Related by Muslim, in: Chapter on the Expedition of Badr, from the Book of Jihad and Expeditions. Sahih Muslim 3/1403. And Imam Ahmad, in: Al-Musnad 3/219, 257, 258. See: Al-Durr al-Manthur 3/163. (7) Related by Al-Tirmidhi, in: Chapter on what has been said regarding consultation, from the Book of Jihad. Aridat al-Ahwadhi 7/210. And Al-Bayhaqi, in: Chapter on the consultation of the governor and the judge regarding a matter, from the Book of Adab al-Qadi. Al-Sunan al-Kubra 10/109. And Imam Al-Shafi'i, see: Kitab al-Ahkam wa al-Aqdiyya, from Tartib al-Musnad 2/177. (8) Its verification was previously provided on 9/54. (9) Its verification was previously provided on 12/60. (10) Its verification was previously provided on 12/494. (11) See what was related by Al-Bayhaqi, in: Chapter on whom to consult, from the Book of Adab al-Qadi. Al-Sunan al-Kubra 10/113. (12) Omitted from the original. (13) Its verification was previously provided on 9/55.
