“Some people mentioned that Hájí Ibráhím of Sarhind had given a decree, by which he made it legal to wear red and yellow clothes,* quoting at the same time a Tradition as his proof. On hearing this, the Chief Justice, in the meeting hall, called him an accursed wretch, abused him, and lifted up his stick, in order to strike him, when the Hájí by some subterfuges managed to get rid of him.”
Akbar was now fairly disgusted with the 'Ulamás and lawyers; he never pardoned pride and conceit in a man, and of all kinds of conceit, the conceit of learning was most hateful to him. From now he resolved to vex the principal 'Ulamás; and no sooner had his courtiers discovered this, than they brought all sorts of charges against them.
“His Majesty therefore ordered Mauláná 'Abdullah of Sulṭánpúr, who had received the title of Makhdúm ul mulk, to come to a meeting, as he wished to annoy him, and appointed Hájí Ibráhím, Shaikh Abulfazl (who had lately come to court, and is at present the infallible authority in all religious matters, and also for the New Religion of His Majesty, and the guide of men to truth, and their leader in general), and several other newcomers, to oppose him. During the discussion, His Majesty took every occasion to interrupt the Mauláná, when he explained anything. When the quibbling and wrangling had reached the highest point, some courtiers, according to an order previously given by His Majesty, commenced to tell rather queer stories of the Mauláná, to whose position one might apply the verse of the Qorán (Sur. XVI, 72), ‘And some one of you shall have his life prolonged to a miserable age, &c.’ Among other stories, Khán Jahán said that he had heard that Makhdúm ul mulk* had given a fatwa, that the ordinance of pilgrimage was no longer binding, but even hurtful. When people had asked him the reason of his extraordinary fatwa, he had said, that the two roads to Makkah, through Persia and over Gujrát, were impracticable, because people, in going by land (Persia), had to suffer injuries at the hand of the Qizilbáshes (i. e., the Shí'ah inhabitants of Persia), and in going by sea, they had to put up with indignities from the Portuguese, whose ship-tickets had pictures of Mary and Jesus stamped on them. To make use, therefore, of the latter alternative would mean to countenance idolatry; hence both roads were closed up.
Khán Jahán also related that the Mauláná had invented a clever trick by which he escaped paying the legal alms upon the wealth which he amassed every year. Towards the end of each year, he used to make over all his stores to his wife, but he took them back before the year had actually run out.*
Other tricks also, in comparison with which the tricks of the children of Moses are nothing, and rumours of his meanness and shabbiness, his open cheating and worldliness, and his cruelties said to have been practised on the Shaikhs and the poor of the whole country, but especially on the Aimadárs and other deserving people of the Panjáb,—all came up, one story after the other. His motives, ‘which shall be revealed on the day of resurrection’ (Qor. LXXXVI, 9), were disclosed; all sorts of stories, calculated to ruin his character and to vilify him, were got up, till it was resolved to force him to go to Makkah.
But when people asked him whether pilgrimage was a duty for a man in his circumstances, he said No;* for Shaikh 'Abdunnabí had risen to power, whilst the star of the Mauláná was fast sinking.”
But a heavier blow was to fall on the 'Ulamás. [Bad. II, p. 207.]
“At one of the above-mentioned meetings, His Majesty asked how many freeborn women a man was legally allowed to marry (by nikáh). The lawyers answered that four was the limit fixed by the prophet. The emperor thereupon remarked that from the time he had come of age, he had not restricted himself to that number, and in justice to his wives, of whom he had a large number, both freeborn and slaves, he now wanted to know what remedy the law provided for his case. Most expressed their opinions, when the emperor remarked that Shaikh 'Abdunnabí had once told him that one of the Mujtahids had had as many as nine wives. Some of the 'Ulamás present replied that the Mujtahid alluded to was Ibn Abí Laila; and that some had even allowed eighteen from a too literal translation of the Qorán verse (Qor. Sur. IV, 3), “Marry whatever women ye like, two and two,* and three and three, and four and four;” but this was improper. His Majesty then sent a message to Shaikh 'Abdunnabí, who replied that he had merely wished to point out to Akbar that a difference of opinion existed on this point among lawyers, but that he had not given a fatwa, in order to legalize irregular marriage proceedings. This annoyed His Majesty very much. “The Shaikh,” he said, “told me at that time a very different thing from what he now tells me.” He never forgot this.
After much discussion on this point, the 'Ulamás, having collected every Tradition on the subject, decreed, first, that by Mut'ah [not by nikáh] a man might marry any number of wives he pleased; and secondly, that Mut'ah marriages were allowed by Imám Málik. The Shí'ahs, as was well known, loved children born in Mut'ah wedlock more than those born by nikáh wives, contrary to the Sunnís and the Ahl i Jamá'at.
On the latter point also the discussion got rather lively, and I would refer the reader to my work entitled Najáturrashíd [Vide note 2, p. 104], in which the subject is briefly discussed. But to make things worse, Naqíb Khán fetched a copy of the Muwaṭṭa of Imám Málik, and pointed to a Tradition in the book, which the Imám had cited as a proof against the legality of Mut'ah marriages.
Another night, Qází Ya'qúb, Shaikh Abulfazl, Hájí Ibráhím, and a few others were invited to meet His Majesty in the house near the Anúptaláo tank. Shaikh Abulfazl had been selected as the opponent, and laid before the emperor several traditions regarding Mut'ah marriages, which his father (Shaikh Mubárik) had collected, and the discussion commenced. His Majesty then asked me, what my opinion was on this subject. I said, “The conclusion which must be drawn from so many contradictory traditions and sectarian customs, is this:—Imám Málik and the Shí'ahs are unanimous in looking upon Mut'ah marriages as legal; Imám Sháfi'í and the Great Imám (Hanífah) look upon Mut'ah marriages as illegal. But, should at any time a Qází of the Málikí sect decide that Mut'ah is legal, it is legal, according to the common belief, even for Sháfi'ís and Hanafís. Every other opinion on this subject is idle talk.” This pleased His Majesty very much.”
The unfortunate Shaikh Ya'qúb, however, went on talking about the extent of the authority of a Qází. He tried to shift the ground; but when he saw that he was discomfited, he said, “Very well, I have nothing else to say,—just as His Majesty pleases.”
“The emperor then said, “I herewith appoint the Málikí Qází Hasan 'Arab as the Qází before whom I lay this case concerning my wives, and you, Ya'qúb, are from to-day suspended.” This was immediately obeyed, and Qází Hasan, on the spot, gave a decree which made Mut'ah marriages legal.
The veteran lawyers, as Makhdúm ulmulk, Qází Ya'qúb, and others, made very long faces at these proceedings.
This was the commencement of ‘their sere and yellow leaf.’