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Chapter 49 of 1482 min read
٣. انعقاد الإجماع على خلافة أبي بكر
achieved by means of the oaths of allegiance of 'Umar and Abu 'Ubaydah and those of the Ansir who were present with them, even though 'Ali, 'Uthmih and other Companions were not present. Similarly, consensus regarding the caliphate of 'Ali (&) was achieved when Sa'd ibn Abi Waqqz~, Ibn 'Umar, U s h a h ibn Zayd, 'Ammir and others of those who had been
Xli ibn Abi Trilib present at Badr and other Companions swore allegiance to him, and that consensus was not undermined by the fact that some were absent or that some did not swear allegiance (may Allah be pleased with them all). Al-Hasan al-Basri said: "By Allah, the oath of allegiance to 'Ali was like the oath of allegiance to Abu Bakr and 'Umar (may Allah be pleased with them)."62 4. The claim that allegiance was only sworn to him on the condition that he would execute the killers of 'Uthmh (&) could not be a valid condition. Rather they swore allegiance on the condition that he rule on the basis of justice and truth, which is by summoning the one who is asking for retaliation and the one who is accused, then allowing everyone to present his case and allowing questioning and examination of evidence; only after that can the verdict be given.63 As for the reports claiming that Ta&ah, az-Zubayr and some of the other Companions (may Allah be pleased with them all) stipulated when swearing allegiance that 'Ali (&) should cany out the hadd punishments, these reports are weak in their chains of narration, and the texts are also subject to further di~cussion.~~ Concerning that, Ibn al- 'Arabi said: "If it is said that they swore allegiance to him on the basis that he would execute the killers of 'Uthmh (&), we say: That is not valid as a condition of swearing al~egiance."~~