The Bay’ah is an obligation upon all Muslims and it is also the right of every Muslim, male and female. The evidences concerning the Bay’ah being an obligation are numerous; of these is the speech of the Messenger of Allah (pbuh):

“Whoever dies while there was no allegiance on his neck dies a death of the days of ignorance (Jahiliyyah).” [Narrated by Muslim] The fact that the Bay’ah itself indicates that it is the right of the Muslims, is understood from the Bay’ah itself, for it is from the Muslims to the Khaleefah, and not from the Khaleefah to the Muslims. The Bay’ah of the Muslims to the Messenger of Allah (pbuh) has been confirmed in much sound Ahadith listed as Sahih. In Al-Bukhari, it has been reported that Ubadah Ibnus Samit said:

“We pledged ourselves in complete obedience to the Messenger of Allah, in weal and woe, and that we would not dispute the matter (authority) with its people, that we would speak or stand the truth at all times wherever we were and that in Allah’s service we would fear the censure of no one.” In Bukhari, it has been narrated on the authority of Ayyub from Hafsa that Umm Atyya said:

“We gave our Bay’ah to the Messenger of Allah (pbuh), so He (pbuh) recited to us ‘they should associate none with Allah’ and He forbade us from wailing. A woman among us withdrew her hand saying: ‘so and so woman has made me happy and I want to reward her’, He (pbuh) said nothing, the woman went then came back.” ‘Abu Hurayra reported that the Messenger of Allah (pbuh) said:

“There are three types of people whom Allah would not talk to nor would He praise or purify them on the Day of Judgement, and they will be subjected to severe punishment: A man who has water to spare and would not give it to the wayfarer, and a man who gives his Bay’ah to an Imam for his own good, if He gave him what He wanted He would be loyal to him, otherwise He would not, and a man who offers another man goods for sale after Asr prayer, swearing by Allah that He was given so much price for it, and so He believed him and took the goods, while He was not given that price for it.” [Narrated by Bukhari and Muslim] Al-Bukhari and Muslim narrated from ‘Abdullah Ibnu ‘Umar, He said:

“when we gave our Bay’ah to the Messenger of Allah (pbuh), to hear and to obey, He (pbuh) used to say to us: ‘As much as you can.’” Al-Bukhari narrated from Jarir Ibnu ‘Abdullah, He said:

“I gave my Bay’ah to the Messenger of Allah (pbuh) to hear and to obey, so He dictated to me: ‘As much as you can, and to give advice to every Muslim.’” Junada Ibnu Aby Umayya said:

“We entered Ubadah Ibnus Samit’s home while He was ill and said to him: ‘May Allah cure you, won’t you tell us a Hadith that Allah my reward you for, which you heard from the Messenger of Allah (pbuh)?’ He said: ‘The Messenger of Allah (pbuh) called us and we gave him our Bay’ah, and said: of what He took from us that we pledged to hear and obey, in weal and woe, in ease and hardship and in preference to ourselves and that we would not dispute the matter (authority) with its people’, He said: ‘unless we witness a flagrant act of disbelief which we have proof about from Allah (swt).’” [Narrated by al-Bukhari and Muslim]

Thus the Bay’ah for a Khaleefah is in the hands of the Muslims, it is their right and they are the ones who give the Bay’ah and their Bay’ah is the one that makes the Khilafah convened to the Khaleefah. The Bay’ah is given by a handshake, but it could also be given in writing. ‘Abdullah Ibnu Dinar said: “I witnessed Ibnu ‘Umar when people agreed on (the imarah of) ‘Abdul Malik ibn Marwan, He said: ‘I write herewith that I agree to hear and obey the servant of Allah, ‘Abdul Malik, the Ameer of Believers, according to the Book of Allah and the Sunnah of His Messenger, and to the best of my ability.’ The Bay’ah can also be given by any other means.

However, the Bay’ah should only be taken from the adult, as the Bay’ah of the child is not valid. Abu Aqeel Zahrah Ibnu Ma’abad reported on the authority of his grand-father ‘Abdullah Ibnu Hisham who lived during the time of the Messenger of Allah (pbuh), that his mother Zainab Ibnatu Hamid took him to the Messenger of Allah (pbuh) and said: “O Messenger of Allah, take a Bay’ah from him”; upon this the Messenger of Allah (pbuh) said:

“He is young”, He (pbuh) wiped over his head and prayed for him. [Narrated by Bukhari]

As for the wording of the Bay’ah, this may vary; it is not restricted to any specific wording. It should, however include the commitment that the Khaleefah acts according to the Book of Allah and the Sunnah of His Messenger; and that the person who gives the Bay’ah should pledge to obey in weal and woe and in ease and hardship. Once the Bay’ah is given to the Khaleefah or the Bay’ah of the Muslims to him contracted the Khilafah to the Khaleefah, then the Bay’ah becomes a trust on the neck of the one who gives the Bay’ah. Thereafter He is not allowed to withdraw it. It is the right of every Muslim to partake in contracting the Khaleefah. Once the Khaleefah has been contracted, it is not allowed for anyone to withdraw it. It is not allowed for him even if He wanted to do so.. Al Bukhari narrated from Jabir ibn ‘Abdullah  that a bedouin gave Bay’ah to the Messenger of Allah (pbuh) on Islam, but He became ill, so He said:

‘Relieve me of my Bay’ah”, the Messenger of Allah (pbuh) said:

“The town (Madinah) is like the mason’s bellow (or furnace), it gets rid of (cleans) its impurity, and its goodness (scent) manifests (shines).” Muslim also narrated from Nafi’, He said: ‘Abdullah ibn ‘Omar said to me: I heard the Messenger of Allah (pbuh) say:

“Whoever withdraws a hand from obedience, He would meet Allah on the day of judgement without having proof for himself.” So breaking the Bay’ah to the Khaleefah is a withdrawal of the hand from the obedience to Allah. However, this is the case if his Bay’ah to the Khaleefah was a Bay’ah of contract, or a Bay’ah of obedience to a Khaleefah who had been contracted by the Muslims. But if He pledged himself to a Khaleefah initially, and the Bay’ah was not completed to him (the Khaleefah), then He has the right to relieve himself from that Bay’ah, in view of the fact that the Muslims, as a whole, did not accept him. So the prohibition expressed in the Hadith is focused on withdrawing a Bay’ah to a Khaleefah, not to a man for whom the Khilafah contract was not completed.