Disagreement with Hazrat ‘Umar (ra) in a Matter (Fatwa)
During the Khilafat of Hazrat Umar (ra), on one occasion, a disagreement arose between Hazrat Umar (ra) and Hazrat Ubayy (ra) over an orchard. Hazrat Ubayy (ra) began to weep and said, “Am I to witness all this in your era?” Hazrat Umar (ra) said, “This was not my intention. You are free to obtain a verdict from any Muslim. As there is a disagreement between us, I will not pass the verdict. You are free to obtain a verdict from anyone else, as I believe that I am in the right.”
Hazrat Ubayy (ra) appointed Zaid bin Thabit as the arbitrator to which Hazrat Umar (ra) agreed. The matter was presented before Hazrat Zaid (ra). Although Hazrat Umar (ra) was the Islamic Khalifa, yet he came before Hazrat Zaid (ra) as one of the two parties.
Hazrat Umar (ra) rejected the view held by Hazrat Ubayy (ra) [in regard to the orchard]. Hazrat Umar (ra) said, “You seem to have forgotten. Think about it and try to recall.” Hazrat Ubayy (ra) thought about it for a short while and said that he could not recall anything.
Hazrat Umar (ra) then gave details about the entire incident saying that such and such took place. Hazrat Zaid (ra) asked Hazrat Ubayy (ra) what proof he had about his demand. He replied that he did not have any proof.
He said, “I do not have any proof at this point, but do not take an oath from Amir-ul-Momineen.” He said that he did not have any proof but he should not take an oath from Amir-ul-Momineen. Hazrat Umar (ra) stated, “If it is necessary for me to take an oath then I have no hesitation in taking an oath.” Nevertheless, a decision was made regarding the matter.
(Sheikh Shah Moinuddin Ahmad Nadvi, Siyar al-Sahabah, Vol. 3 [Karachi, Pakistan: Dar al-Ishaah Urdu Bazar, 2004] 145-146)