Muwatta Malik (Qasim)

Hadith Authentication: [وأخرجه البخاري 7202، من حديث مالك، ومسلم 1867، من حديث عبدالله بن دينار به]
Jurisprudential Points
➊ It is obligatory upon every person to obey the Messenger of Allah (sallallahu alayhi wa sallam) according to his ability.
➋ There are only two pledges of allegiance (bay‘ah) in Islam:
First: The pledge of allegiance to the Messenger of Allah (sallallahu alayhi wa sallam)
Second: The pledge of allegiance to the caliph and ruler
There is no evidence in Islam for any third pledge of allegiance, whether it is to some so-called paper party or to any pir (spiritual guide).
➌ Sayyiduna Abu Ghadiyah (radi Allahu anhu) said: I pledged allegiance to the Messenger of Allah (sallallahu alayhi wa sallam). The student asked: Did you pledge allegiance with your right hand? He replied: Yes. [مسند أحمد 5/68 ح20666 وسنده حسن]
◈ Sayyiduna Wa’thilah ibn al-Asqa‘ (radi Allahu anhu) pledged allegiance to the Messenger of Allah (sallallahu alayhi wa sallam) with his right hand. This right hand was then taken by Abu’l-Aswad al-Jurashi (rahimahullah), who wiped it over his eyes and face. See [مسند أحمد 3/491 ح16016، وسنده صحيح]
It is thus known that shaking hands with one hand is superior. Likewise, considering some narrations, it is submitted that shaking hands with both hands is also permissible.

Hadith Commentary:
The meaning of pledging allegiance to the ruler of the time for hearing and obeying is that if he commands something which goes against our personal inclinations or individual opinions, then one should disregard one's personal tendencies and opinions and, to the best of one's ability, comply with his command.
If this is not done, then at every step there will be disagreement and discord,
which is very harmful for the government.
However, if his command is contrary to the Shari‘ah, then it is not necessary to obey him, because the command of the Shari‘ah is foremost and above all.

Hadith Commentary: Benefits and Issues: The Prophet (sallallahu alayhi wa sallam) himself recited the Qur’an to Ubayy ibn Ka‘b (radi Allahu anhu), and he listened to it from Abdullah ibn Mas‘ud (radi Allahu anhu). From this, it is understood that both reciting the Qur’an to others and listening to it from others are excellent and lofty deeds. And when Abdullah ibn Mas‘ud (radi Allahu anhu) reached that verse in Surah al-Nisa in which the exalted status of the Prophet (sallallahu alayhi wa sallam) is mentioned—that he (sallallahu alayhi wa sallam) will be a witness over his Ummah or will affirm the testimony of all the communities—then the Prophet (sallallahu alayhi wa sallam) was moved to tears by the conditions of the Day of Resurrection, the severity and terror of the Plain of Gathering, and his compassion and mercy for his Ummah. From this, it is understood that the Qur’an should be listened to with reflection, contemplation, and deep thought, so that a person is affected by its subjects, and so that burning passion, tenderness, and softness of heart are produced, which can only be expressed in the form of weeping.

Benefits and Issues:
➊
After Islam and the pledge of allegiance (bay‘ah) for jihad, the pledge of allegiance to a ruler selected through consultation (shura) is called the pledge of governance (bay‘at al-hukuma).
Two objectives are achieved through this pledge.

➋
This pledge was a sign
that the people had accepted the proposed name.
After this pledge, the caliphate would be established.

➌
All Muslims will cooperate with the ruler selected through consultation (shura).
This is a unilateral social contract.
The Rightly Guided Caliphs (khulafa’ al-rashidun) had these words added:
that hearing and obedience (sam‘ wa ta‘ah) will be in those matters
which are in accordance with the commands of Allah and His Messenger (sallallahu alayhi wa sallam) and the actions of the previous Rightly Guided Caliphs.
The Messenger of Allah (sallallahu alayhi wa sallam) instructed that the words “according to human ability” be included in the wording of the pledge,
so that those making the pledge would not find themselves in a situation for which a human being has no ability.

The purpose of the chapter is that, at the time of pledging allegiance (bay‘ah), the condition of ability (qudrah) should also be mentioned. Another possible purpose is that the condition of ability and capacity is inherently considered in the pledge, even if it is not explicitly stated. No one can be held responsible for obedience beyond their ability.