Protection of property and honour

If the thief is seen stealing, he becomes a bandit. The owner can, with the intention of protecting his property fight with him. If the thief dies, his killing is condoned and no blood money is payable. Similarly the attacker can be killed in defence of ones life and honour. But the real aim has to be for defence, and if defence is possible without killing, then killing is haraam. Only the least aggressive measures necessary for defence are permitted.

The Islamic laws with regard to theft are numerous and there is a difference of opinion among the Mujtahids upon many of the points. Keeping in mind the scope of this book, we feel the discussion we have had should suffice.

How is the punishment awarded?

After the crime is proved the judge cuts off the four fingers of the right hand. He leaves the thumb and the palm untouched. The penalty is the same if the thief is convicted of multiple thefts and has not been punished before. If a thief has already had his four fingers cut and he steals again and the theft is proved, his left foot is cut from the front. The heel is left so that he can walk. If he steals for a third time and again the theft is proved the robber is captive for life. If he steals in the prison too, he is put to death.

The hand which is supposed to be lifted up for prayers, the hand which expresses the submission to Allah, the hand which must be used to solve the difficulties of people, to help the oppressed and the orphans, to attack the enemies of faith, if the same hand is used to steal the property of the Muslim brothers and it is proved with all its necessary conditions, then there is no way except to dismember it. Society is rendered safe due to this measure.

Diyat (penalty)

If someone's hand is amputed without any fault of his, the one who cuts the hand is made to pay five hundred misqal of gold to the victim. Whereas if someone robs one fourth of a misqal of gold his hand is amputed. It appears that one who steals a fourth of a misqal of gold is worse than the one who cuts off the hand of an innocent person. Such is the value of trust in Islam. 

The twenty-fourth Greater Sin is short weighing or cheating in business. This is recorded in the Holy Quran and the tradition of Imam Ja'far as-Sadiq (a.s.) as related by Amash and the tradition of Imam Reza (a.s.) as reported by Fazl Ibne Shazaan. Imam (a.s.) says: "Decreasing (fraudulently) in measure and weight." (is also a Greater Sin). It is haraam for a seller to give less than the specified quantity or for the debtor to repay less than what is specified.

A terrible punishment awaits the doer of this grievous sin, according to the book of Allah. A complete chapter of the Holy Quran deals with this topic. It says: 
"Woe to the defrauders. Who, when they take the measure (of their dues) from men, take it fully, but when they measure out to others or weigh out for them, they are deficient. Do not think that they shall be raised again, for a mighty day, The day on which men shall stand before the Lord of the worlds?" 
(Surah Mutaffefeen 83:1-6)

Deed in Sijjin

"Nay! Most surely the record of the wicked is in the sijjin. And what will make you know what the sijjin is? It is a written book." 
(Surah Mutaffefeen 83:7-9)

Sijjin is either the name of that register which contains the account of deeds of disbelievers and transgressors. Or it is a special corner of Hell where the disbelievers and sinners will be consigned. Hence the translation of the ayats will be as follows:
"They should be fearful for it is written down that the transgressors will go to sijjin. And what can explain to you what sijjin is? It has already been written about it (And a decision has been taken which cannot be changed)."

Hazrat Shoeb (a.s.) was preaching to his people: 
"O my people! Serve Allah, you have no god other than He, and do not give short measure and weight. Surely I see you in prosperity and surely I fear for you the punishment of an all-encompassing day. And O my people! Give full measure and weight fairly, and defraud not men their things, and do not act corruptly in the land, making mischief." 
(Surah Hud 11: 84-85)

A person who short-weighs is not a Momin

According to the Quranic ayats, one who resorts to short weighing and defrauding does not believe in the Day of Judgement and the Hereafter. If the person had any belief in the Hereafter, he would know that, even if he succeedes in fooling people, he would never be able to hide his fraud from the Lord of the worlds; he would realise that on the Day of Judgement he would have to account for whatever he has earned by defrauding and make good the loss.

A butcher who was an idol-worshipper used to give more than the prescribed weight. When people asked him the reason for this he pointed up towards the top of the wall and said, "I give more because of him." When people looked up they saw an idol installed there. Another idol-worshipping shopkeeper was prominent for his habit of casting a glance at the idol before he proceeded to weigh some goods.

When Hazrat Yusuf (a.s.) and Zulekha were alone in the room, Zulekha covered the idol with a cloth. Hazrat Yusuf (a.s.) asked her, 
"Why have you covered the idol?"

She said, "I feel ashamed before it!" Hazrat Yusuf (a.s.) said, 
"You feel ashamed before a lifeless idol created by men, when it has no power of understanding. How can I not feel ashamed before the Almighty Lord Who is ever present and all-seeing?"

Saying this he fled from that place and saved himself from fornication.

It is a great pity that idol worshippers are ashamed to commit sins in view of their idols, which are lifeless objects, whereas Muslims have no qualms in commiting sins before Allah (a.j.) for Whom nothing is hidden in the heaven and the earth.

Five sins and their punishments

The following tradition has been recorded from the Holy Prophet (s.a.w.s.) in the book Tafseer Minhajus Saadeqeen According to this tradition there are five types of sins which bring about five types of calamities.

"When the people of a vicinity break promises and oaths, Allah makes their enemies to reign upon them.

When people order against the revealed Divine commands, poverty (certainly) is widespread.

When immorality is practised openly deadly diseases certainly increase.

When people short-weigh and short-measure then there is a decrease in agricultural output. (Decrease in livelihood) and there is less rainfall."

Advice of Amirul Momineen Ali (a.s.) for the businessmen

Whatever Ali (a.s.) found himself free from the administrative work, he used to go to the market place and announce, 
"O people! Fear Allah! Weigh and measure with justice. Do not cheat people (by giving less) and do not spread corruption in the earth."

One day Ali (a.s.) saw a saffron seller short-weighing. He had applied oil to his hand and very cunningly he applied it to the pan of the balance which held the saffron. Ali (a.s.) picked up the saffron from the balance and said, 
"First rectify your balance, then if you like you can give more than that."

Between mountains of fire

The Holy Prophet (s.a.w.s.) says: 
"One who does Khayanat in weighing and measuring is thrown into the lowest section of Hell. There he shall be placed between two mountains of fire. He will be told to weigh those mountains. He will be busy in this forever."

The following incident is recorded in the book Tafseer Minhajus Saadeqaen:
A person by the name of Malik went to visit a friend who was sick. Malik says, "I saw him in a deplorable condition. He was screaming, 'Two Mountains of fire are going to crash upon me.' I told him, 'It is only an illusion!' He said, 'No, it is true! Because I have two different balances. With one of them I used to short-weigh while selling and with the other I weighed more while buying. I am punished for this so soon!'"

Short changing is also haraam

As it is haraam to short-weigh it is also haraam to short-measure like measurement of cloth or land which are sold by measure, must not be short measured. It is absolutely haraam. In the same way those items which are sold by number, like eggs or fruits; if someone sells them to a person and gives less than the specified quantity, he is counted among those who short-weigh and short-measure. Shaykh Ansari has mentioned it in his book Makasibul Muharrama.

The Seller who cheats is a debtor of the buyer

The amount of goods given less by the seller is owed to the buyer. It is obligatory to give the balance amount to the buyer. If the buyer is dead he must give it to his heirs. If he does not know the buyer he must with the permission of the Jurist pay a similar amount as sadqa on behalf of the buyer.

If the seller does not know how much less he has given, he must give him some amount that will satisfy the buyer. If the buyer is dead he must satisfy his heir. If the buyer is unknown the Mujtahid must be satisfied.

Defrauding is like selling short

It is short weighing and short measuring when the seller gives less without the knowledge of the client. The buyer does not realise that he is being given less than the stipulated quantity but it is defrauding when the seller sells some goods of an inferior quality and makes it out to be of a good quality. In this case too the buyer is unaware of being cheated.

The seller may also adulterate the goods. In this case there is no short weighing but it is haraam all the same, because it is a kind of fraud. For example a grainseller adulterates 95 kg of wheat with 5 Kg of mud and sells it as a hundred Kg of wheat; or a milkman adulterates milk by adding water. Similarly a shopkeeper sells a kilo of ghee but surreptitiously puts a quarter kilo of stone beneath the layer of ghee. A butcher commits a fraud if he adds more than a reasonable amount of bones while selling meat. Vegetable sellers increase the weight of vegetables more by pouring water over them than required. All these types of frauds are included among the sin of underweighing, even if the seller is weighing the adulterated goods accurately.