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Monday 23rd of December 2024
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People whose supplications are not accepted

Hazrat Imam Ja'far as-Sadiq (a.s.) says: 
"Dua of four types of people is not answered: 
1. A Person who sits idle at home and prays to Allah to provide him with sustenance is told, 'Have We not ordered you to make effort for obtaining your sustenance?'

2. The person who prays for some misfortune for his wife. He is told, 'Have We not given you the choice of giving her divorce if you do not want such a wife?'

3. One who had squandered the money and spent it in evil ways. Now if he prays for sustenance, he is told, 'Did We not order you to spend in moderation?'

4. One who gives a loan to someone but does not make anyone witness it. Hence if the borrower refuses and the creditor prays, he is informed, 'Had We not ordered you to have witnesses?'"
(Iddatud Dai)

Testifying is wajib and concealing evidence, haraam

There may be occasion when a person has not directly witnessed a transaction but has some information for having heard or seen something related to the issue. If the information he has can save a Muslim from harm or enable him to secure his right, it is wajib on this person to testify if he is summoned. If he is not summoned, it is wajib for him to volunteer to testify byapproaching the Shariat judge with the information he has. If by not disclosing what he knows, a Muslim is harmed or loses his right, it is haraam to remain silent.

In short if a person is capable of helping the oppressed or prevent the oppressor from oppressing, it is wajib on him to do so.

It is not wajib to give evidence in a situation where not testifying does not cause any harm to a Muslim, nor does it deprive him of his right. In this case a person can even refuse to testify even if he is ordered to do so, because neither is he a direct witness to the dispute nor is his silence harmful in anyway.

Muhammad Ibne Muslim says, quoting an authentic tradition from Imam Muhammad al-Baqir (a.s.): "If one hears an evidence (i.e. he becomes a witness) but he had not been made a witness, then if he likes he can testify or he can prefer to remain silent." 
(Wasaelush Shia)

Testify only if you are certain

The witness is required to pay attention to all the aspects of the matter that he has witnessed and when he is testifying, he must only say that, about which he is certain. He must not mention those things, which he himself has not heard, or seen. It should be clear as the Sun, as mentioned in tradition.

When a true testimony will oppress someone

It should be known that a testimony should not endanger the life, property or honour of a Muslim. It should also not pose a threat to the life, property and honour of the witness. It is wajib to give evidence and haraam to conceal it so that justice is established in the society and injustice is eradicated. The oppressor ought to be punished and the right may be restored to its owner but if the testimony itself becomes the cause of oppression it is not wajib to testify. Rather it is haraam to do so and it is wajib to conceal evidence. For example if a person knows that if he testifies against a particular oppressor, the oppressor will take revenge on him or on his relatives or plunder his wealth, then it is wajib to conceal evidence. Similarly, there may be a situation where a debtor deep in debts is unable to clear his dues because of his poverty. At the same time he cannot prove his helplesness and the creditor is not prepared to spare him. In this case also it is wajib to conceal evidence, if the evidence given by a witness will cause the poor debtor to be oppressed.

The following traditions of our Masoomeen (a.s.) emphasise the justification of concealing evidence under special circumstances.

Hazrat Imam Musa al-Kazim (a.s.) says: 
"Give evidence for the sake of Allah even if you have to testify against yourself, your parents or your own relatives - But you must not cause harm to your believing brother by concealing evidence. However, if your believing brother is going to be oppressed, then do not testify." 
(Wasaelush Shia)

Dawood Ibne Hasan says that he heard Imam Ja'far as-Sadiq (a.s.) saying: 
"Give evidence for the sake of Allah, even if you have to testify against your parents or your own son. But do not give evidence to cause harm (Zaeer) to your believing brother."

The narrator says that, 'I asked, "What is Zaeer?" He (a.s.) said, 
"It is when someone who has a right, and in order to obtain it he resorts to oppression, contrary to the order of Allah and the Holy Prophet (s.a.w.s.). For example, a man is indebted to another, but the debtor is in straitened circumstances. In this situation, Allah has ordered that he must be given respite till he becomes self-sufficient. And (Allah) says, 
...then let there be postponement until (he is in) ease…

Now if in spite of this the creditor summons you to testify, and you know the poverty of the debtor, then it is not permitted for you to testify (that he has taken the loan)."
(Wasaelush Shia)

A Tradition from Imam Musa al-Kazim (a.s.)

Muhammad Ibne Qasim Ibne Fuzail narrates a tradition from Imam Musa al-Kazim (a.s.). He says, "I asked Imam (a.s.), 'One of your devotees has taken a loan from an enemy of yours. The creditor wants to oppress him and have him captive. Allah knows that he has no money to repay the debt, neither is he capable to do so at present. He does not even have Bayyanah (two just witnesses) to prove his bankruptcy. Then is it allowed for him to take an oath so that he can prove his bankruptcy and obtain respite till the return of favourable conditions? And if from your Shias there are some witnesses who can testify against him, (that he has taken the loan) can they testify?'"

Imam Musa al-Kazim (a.s.) replied, 
"It is not permitted for them to testify. And it is not permitted for the creditor to oppress the debtor." 
(Al Kafi)

When testifying harms

When we speak about haraam testimony that causes harm to a Muslim, we mean a wrongful harm or unjustified oppression but if the person deserves to be punished, it is wajib to give the evidence. For example a person commits a crime. The witness of this crime does not testify only because if he does so the one against whom he testifies will demand the debt which the witness owes him. This is not a valid excuse for withholding evidence. The criminal must be punished according to Shariat even if the witness has to suffer a monetary loss. However, if the hardship for the witness far outweighs the seriousness of the crime of the accused then the witness has a valid excuse to refrain from testifying.

Harm and being deprived of benefit

It must be mentioned that to be harmed is different from being deprived of some benefit. In the examples already mentioned, if a witness refrains from testifying due to fear that the accused will deprive him of some money, or that some benefit may not accrue to him; this does not amount to him being 'harmed'.

However if the accused is the employer of the witness and will fire him from his job thus causing untold hardship, then it is allowed for the witness to refrain from testifying as it could be regarded as 'harm' in common parlance.

Hence we can conclude that false oath, false testimony and concealing evidence, each of these are Greater sins if there is no risk of any harm. If there is any chance of any harm to a Muslim or an innocent witness, then they do not remain sins - they are permitted. Rather in some circumstances these actions become wajib as we have seen from the traditions of Masoomeen (a.s.). However as far as possible one must give priority to the more important alternative.


source : GREATER SINS by Ayatullah-ul-Uzma Sayed Abdul Husain Dastghaib Shirazi (r.a.)
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