Explanation of the Book of Fitnahs and Rulings-09a
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The reciter: Isma'il ibn Abi Uwais narrated to us: Isma'il ibn Ibrahim narrated to me from his uncle Musa ibn 'Uqbah. Ibn Shihab said: 'Urwah ibn al-Zubayr narrated to me that Marwan ibn al-Hakam and al-Miswar ibn Makhramah informed him: Sahih al-Bukhari 7176, 7177.
The Shaykh : Yes, 'urfah is the plural of 'arif, which is a form indicating the doer of the action, and it refers to the one who knows the conditions of the people. In our current time, this is called the 'amida, the 'amida of the neighborhoods and districts, who knows them and explains their conditions to the one in authority. The origin of establishing the 'urfah is the hadith of Hawazin and Thaqif when the Prophet (peace and blessings be upon him) gained a large amount of war spoils on the Day of Hunayn and took many of them as captives. He asked the Companions (may Allah be pleased with them) to give permission to release their prisoners and free them, and they agreed. However, the Messenger (may the prayer and peace of Allah be upon him) reconsidered that matter and feared that someone might not have spoken out of a willing heart, so he said: This is the point of reference. Hadiths have been narrated condemning the 'urfah, but they are understood to refer to the bad 'urfah who wrong the people in what they convey to the rulers. As for the good 'urfah who explain the conditions of the people to the one in authority in order to give them what they deserve of benefits, services, and the funds of the public treasury, and the like, those are not condemned but rather praised and commended.
Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Messenger (ﷺ) said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Messenger (ﷺ) and told him that the people had given their consent happily and permitted (their captives to be freed).
أن رسول الله صلى الله عليه وسلم قال حين أذن لهم المسلمون في عتق سبي هوازن فقال : إني لا أدري من أذن منكم ممن لم يأذن فارجعوا حتى يرفع إلينا عرفاؤكم أمركم ، فرجع الناس فكلمهم عرفاؤهم فرجعوا إلى رسول الله صلى الله عليه وسلم فأخبروه أن الناس قد طيبوا وأذنواThe Shaykh : Yes, 'urfah is the plural of 'arif, which is a form indicating the doer of the action, and it refers to the one who knows the conditions of the people. In our current time, this is called the 'amida, the 'amida of the neighborhoods and districts, who knows them and explains their conditions to the one in authority. The origin of establishing the 'urfah is the hadith of Hawazin and Thaqif when the Prophet (peace and blessings be upon him) gained a large amount of war spoils on the Day of Hunayn and took many of them as captives. He asked the Companions (may Allah be pleased with them) to give permission to release their prisoners and free them, and they agreed. However, the Messenger (may the prayer and peace of Allah be upon him) reconsidered that matter and feared that someone might not have spoken out of a willing heart, so he said: