To lay bets with articles not usually employed in gambling is also Haraam. Archery and horse racing are exceptions to the extent that it is permissible only for those who participate in the sports to bet amongst themselves. Apart from these two games it is Haraam to bet in any other competition. For example, yatching, weightlifting, lancing etc. The income of the participant who wins is Haraam. He must return it to his opponent.
Horse racing and Archery
It is undoubtedly permissible for participants (and not for spectators) in horse racing and archery to bet among themselves. The winner can rightfully own the amount he wins. Islam has permitted these two competitions because such sports contribute to the overall capabilities of a warrior, and a Muslim well versed in these is better equipped to challenge his adversaries. The details could be pursued in the books of legal rulings.
Shaheed Thani in his book "Masalik" quotes the unanimous verdict of the Mujtahids. Three traditions are recorded in the book "Al-Wafi" from Imam Ja'far as-Sadiq (a.s.) which state that except for horse racing and archery whenever a game is played for stakes, the angels are infuriated and curse the people who lay the bet.
It is recorded that the Holy Prophet (s.a.w.s.) said:
"Angles are present when a competition of horse and camel racing or archery is held. Except for these three, every competition is gambling and (also) Haraam."
(Al-Wafi)
In another tradition, the Holy Prophet (s.a.w.s.) has prohibited all types of competitions except these three.
"Except for horse racing, camel racing and archery, no contest is proper."
(Al-Wafi)
An authentic tradition by Muhammad Ibne Qays related from Imam Muhammad al-Baqir (a.s.) says:
"Amirul Momineen Ali (a.s.) issued a verdict against a man who had wagered with his friends on the maximum consumption of sheep's meat. Issuing the judgement Imam (a.s.) said, 'If you have already eaten the sheep, it is yours. But if you have only laid a bet and have not commenced eating, then you have to pay a penalty. This penalty is equal for all the participants and has no connection with who ate more or less. However, he refrained the loser to bear any loss (of money etc.). The one who ate the least and lost the bet will not incur any loss because the bet is invalid.'"
Imam Muhammad al-Baqir (a.s.) concludes that Amirul Momineen (a.s.) has decreed such a deal to be Haraam
(Makasib, quoted from Al Kafi and Tehzeeb)
. Hazrat Jabir (r.a.) narrates from the report of Imam Muhammad al-Baqir (a.s.) who has quoted from the Holy Prophet (s.a.w.s.):
"Every competition is gambling where the loser has to pay a certain amount. Even if it consist of a cashew-nut or wager dung."
To employ any article for the purpose of taking a bet is gambling even if such an article is not generally associated with gambling.
There is some difference of opinion among the Mujtahids regarding the games of competition that neither use tools of gambling nor are played with stakes. Most of the jurists consider such competitions to be Haraam.
Allama Hilli (r.a.) in his book "Tazkerah" writes, "Yatching competition is not permitted even if the loser may not have to pay anything. This is the unanimous verdict of the scholars."
Allama Hilli (r.a.) also states, "Competition of throwing stones with ones bare hands is not allowed. In the same way, racing any beast except horse and camel, yatching or racing of birds is not permitted even if a monetary bet is not involved. Cockfights and goat fights are also prohibited. In short, all those contests are prohibited that do not contribute usefully in the field of Jehad. For example, standing on foot for a long time, guessing games or number games, staying under water for a long time. In conclusion, except for horse racing and archery, no competition is permitted. Whether it involves a bet or not."
Certain Jurists like Shaheed Thani do not consider such games Haraam where the tools of gambling are not used and where a bet is not involved. He is inclined to permit such competitions. This opinion appears to be valid especially for a contest where the Haraam aspects of our religion are not compromised in any way or for a contest which has a typical aim like competition of calligraphy, reading, sewing, building, farming, etc. Athletics and boating can also be in the same category. But since most of the Mujtahids have prohibited all competitions except horse racing and archery, it is better to refrain from contests as a precautionary measure.
However even contests that can be considered permissible are prohibited if they involve a risk. For example, hazardous car-racing competition or gluttony and the dangerous methods of yatching are all Haraam for they involve risks.
Purchase of lottery tickets in the name of charity, where the money is not refundable and only a few people win money without any effort, is Haraam. It is gambling and a very great sin.
Playing instruments of music is a Greater Sin. It is Haraam to play instruments like guitar, piano, tambourine, drums etc. Listening to music is also a Greater Sin. Music as a Greater sin is reported by Fazl ibn Shazaan from Imam Ali ar-Reza (a.s.):
"And to be engrossed in musical instruments is also a Greater Sin."
All the Mujtahids are unanimous in their opinion that the manufacture, sale and purchase of musical instruments is Haraam and the income derived from musical activity is also Haraam. The transactions involving these (instruments) are invalid. It is Haraam even to keep instruments of music in one's possession. It is obligatory to destroy them. This is revealed in a lengthy tradition of Imam Ja'far as-Sadiq (a.s.) as recorded in the book "Tohafful Uqool". Similarly, Shaykh Hurr al-Aamili records the following tradition from Imam Ja'far as-Sadiq (a.s.):
"The Almighty Allah has prohibited the manufacture of all such things that are exclusively used in Haraam ways; and things that only create evil like pipe, flute, chess and all types of instruments of gambling, images, statues. The manufacture of all such articles is Haraam."
Imam (a.s.) concluded, "Then even learning to sing or play music and teaching it, to sing and play music, to be paid for these things or to be in any way engrossed in these vices is Haraam."
Music - According to the Traditions
Some more traditions prohibiting music are given below.
Imam Ja'far as-Sadiq (a.s.) reports from the Holy Prophet (s.a.w.s.) that he said:
"I prohibit for you dancing and playing flute, drums and tabla."
(Al Kafi)
The Holy Prophet (s.a.w.s.) has also said,
"The Almighty Allah has sent me as a mercy to the worlds, to guide the people. And He ordered me to eradicate the playing of flute and other instruments of music, all games of vice, idol (worship) and all practices of the days of ignorance."
(Mustadrakul Wasael, Chapter 79)
Imam Ja'far as-Sadiq (a.s.) says,
"A person who has received blessings from Allah and while having these blessings, he plays flute. It is as if he has been thankless of the blessings."
(Wasaelush Shia)
Every moment of our lives, we are enjoying Allah's unlimited benevolence.
Music Causes Shamelessness and Hypocrisy
The Sixth Imam (a.s.) has also stated,
"The playing of violin promotes the growth of hypocrisy in the heart like water assists the growth of vegetation (algae)."
(Wasaelush Shia)
Imam (a.s.) also says,
"If drums and cymbals are played at one's house for forty days, Allah will impose a satan by the name of 'faqandir'. The satans will infiltrate into every cell of the person's body. With the spread of this evil, the person loses all sense of dignity and self-esteem. He will then not care as to what he says or what is said about him. Then, this satan blows into this person. As a result, he becomes utterly shameless. So mush so that he is not concerned or affected even if his women are dishonoured."
(Wasaelush Shia)
It is usually observed that the people in whose homes music is played with regularity either using musical instruments or by radio or cassettes are absolutely shameless and wanton.
Musician and the Song
Muadda Ibne Ziyad says, "I was in the company of Imam Ja'far as-Sadiq (a.s.) when a person said, "When I go to the toilet, I can hear the singing girls of my neighbour. Sometimes, I remain (in toilet) longer so that I may listen to more of it."
Imam (a.s.) said:
"Desist from listening to music and songs attentively."
Then this man further said, "Master, I do not go to music gatherings! I only hear the sounds!"
Imam Ja'far as-Sadiq (a.s.) said,
"Have you not read this Quranic verse...
"Surely, the hearing and the sight and the heart, all of these shall be questioned about that?"
(Surah Bani Israel 17:36)
The man replied, "I was not aware of this ayat. I regret my actions. I shall not do so in the future. I repent for my past sins and I seek forgiveness from my Lord."
Seeing his condition, Imam (a.s.) said,
"Get up ! Go and perform ghusl and offer namaz and pray for forgiveness. You have certainly been involved in a deadly sin and a terrible situation. You have repented for it and I thank Allah for that; and I seek forgiveness of Allah for all those things that He dislikes. Certainly, Allah only dislikes the evil things. Leave the evil things to the evil people because there are different people suitable for different things."
(Al Kafi Chapter of Music)
Divine Bounties (Barakat) are Removed
Amirul Momineen Ali (a.s.) says,
"Angels do not even enter a house that has wine, drum, tambourine or a flute. Even the prayers of the inhabitants of this house are unacceptable. They are deprived of barakat."
(Wasaelush Shia)
Hazrat Imam Ali ar-Reza (a.s.) has said,
"To listen to a musical instrument is one of the Greater Sins."
(Mustadrakul Wasael)
The Blackened Face of the Musician
The Holy Prophet (s.a.w.s.) has stated,
"A person who possesses a sitar, on the day of Qiyamat will be raised with a black face. His hands will be holding a sitar of fire. Seventy thousand angels with maces of fire will be hitting him on the face and the head. The singer will arise from his grave, blind, deaf and dumb. The adulterer will be similarly raised. The player of flute will also be made to rise in this way as will be the drum player."
(Mustadrakul Wasael)
It means that all such people willemergeon the field of "Mahshar" (on the day of reckoning) as blind, deaf and dumb.
A House Where Music is Played for Forty Days
Hazrat Imam Ali ar-Reza (a.s.) remarks,
"A person invites Divine wrath when in his house instruments like flute, drum and chess are played for forty days. If this man dies within these forty days, his death would be of a sinner and a transgressor. His place shall be in Hell. And what a dreadful place it is!"
(Mustanad al Taraqi)
Music and the Last Period of Time
The traditions concerning the signs of the last stage before the Zuhoor of our Imam (a.s.) mention music:
"And you shall see that music will be so prevalent that no one will dissuade others nor will he find in himself the need to do so. And you shall see that music would be openly played even in the two sanctuaries (the city of Makkah and Madinah)."
(Mustanade Naraqi)
This is what we see in the present age where obscene music is openly played in the markets, on the streets, in shops and houses and even cars and no one bothers to prevent it!
So far we have mentioned the punishment of the hereafter for the sin of playing or listening to music. Now, we shall discuss the evils of music that affect life on earth. These evils too are numerous. Scholars have compiled complete books on this subject. For example we have the following books in Persian, "Munazrah Doctor-o-Peer", "Balahaee Ijtemai", "Mauseeqi-o-Islam", etc.
Effects of Music on the Nervous System
Expert Doctors, Scientists and biologists have defined two types of nerves, the principal nerves and the arterial nerves. The principal nerves stretch from the neck to all vital organs. The arterial nerves spread from the main nerves to all parts of the body. The secondary nerves are connected to outward parts of the body and convey the messages to the brain. When the veins enlarge the blood pressure decreases. Due to the shrivelling of blood vessels, the blood pressure increases. When the blood pressure varies at different parts of the body it affects the health.
When the secondary nerves work they produce heat whereas the functioning of the central nerves produces the opposite effect. It is due to these nerves that feelings of sloth, sleep, thoughtlessness, forgetfulness, grief, sorrow, fainting, unconsciousness and even death occur. Obviously, when music can affect various nerves, it can give rise to various maladies. Mental diseases as well as physical ailments can occur. These mental effects can destroy man's reasoning capacity. It is for this reason that one who listens to music is unable to perform work that can be accomplished by a sane person.
Music creates vibrations in the body and these are conveyed to all the parts of the body through the nervous system. As a result of this, indigestion occurs. Music affects the heart in such a way that the heartbeats become irregular. The blood pressure goes awry. All such ailments make a person permanently ill. Consequently, even modern medical science, in spite of its astonishing progress, fails in such a situation. Sometimes, the music is so intense that the listeners lose their sanity. They become dumb and various kinds of mental diseases occur. In places where music is more prevalent, we find that there are more neurotic illnesses. It is for this reason that more mental hospitals are to be found in Europe and America.
Dr. Adlen writes against music, "Even though it seems pleasant, the effect of music is profound upon the nervous system. Especially, when the temperature is high, the ill effect of music is more. This is the reason that ill effects of music are more in the hot areas of Iran and Saudi Arabia. The American people are so disgusted with the bane of music that they have united to demand from the senate a permanent ban on music. It is a pity that the whole world clearly perceives the evils of music and yet adopts music as entertainment."
(Refer to the booklet; "Tasir Mausiqi bar Asaab" Pg.3, 6
The sixteenth Greater sin is singing songs. Traditions have graded it amongst the mortal sins. This fact is clear from the narration of Imam Ja'far as-Sadiq (a.s.) as quoted by Amash. Muhammad Ibne Muslim relates that Imam Muhammad al-Baqir (a.s.) said,
"Singing is that sin which has been promised a penalty of fire (Hell) by Allah."
It is evident from numerous reports, that whichever sin incurs Hell as its punishment, is a Greater Sin. Singing too falls in that category.
What is Singing?
Sayyed Murtuza, in his book, Waseela writes,
"Singing is haraam. It is also haraam to listen to a song or to sing for money. However every melodious sound is not a 'song'. Singing denotes a special way of prolonging the voice and rotating it in the throat. These features are common in sensuous parties. Such type of singing is usually accompanied by music."
Most of the Shia Mujtahids and the experts of Arabic language opine that 'singing' means the turning and rotating of one's voice in the throat. These types of strains are invariably found in classical music and Qawwalis. A prolonged tune of a-a-a is produced. In the dictionary, 'Sihah' it is mentioned that singing is a sound which produces a weird type of sorrow or pleasure in the listener. The other dictionaries almost agree to this definition. In brief, singing or song is a sound that makes a man unusually sad or joyful.
The book Zakheeratul Ebad says: "Every sound that is produced for entertainment and is capable of exciting passion is known as 'singing.' It could be produced by making it emanate from the throat like in classical music or by any other means. In brief whatever is understood by common sense as a song is haraam. Consequently it is sinful even to recite the Holy Quran, Nauha or Marsiya in the tune of songs. In fact this is more sinful than singing songs for it tantamounts to insulting and degrading the Quran and Nauha or Marsiya. It is for this reason that this type of sin deserves double the punishment.
About Singing
1. Singing is a Greater Sin
When Imam Muhammad al-Baqir (a.s.) said,
"Singing is that Sin which has been promised the penalty of fire (Hell) by Allah" he (a.s.) had also recited the following verse of the Holy Quran:
"And of men is he who takes instead frivolous discourse to lead astray from Allah's path without knowledge and to take it for a mockery; these shall have an abasing chastisement."
(Surah Luqman 31:6)
2. "Frivolous discourse" implies Singing
Bringing together the above verse and the tradition of Imam Baqir (a.s.), singing is understood to be one of the 'frivolous'and 'evil' acts. Other worthless acts are aimless talk or action, or poetry which is of no good to the people; all these deprive man of benefit.
In other words, anything that restrains one from following the truth and the Holy Quran is a 'frivolous discourse.' Anything that leads one astray is 'frivolous discourse.' All those things that create passion and sensuality, sin and transgression are 'frivolous discourse.' It is a sin whether one sings or listens to a song. The Quranic verse quoted above is followed by:
"And when our communications are recited to him, he turns back proudly, as if he had not heard them, as though in his ears were a heaviness, therefore announce to him a painful chastisement."
(Surah Luqman 31:7)
3. The exegesis (Tafseer) of the term "False Words"
In addition to the phrase 'frivolous discourse,' the Holy Quran also refers to singing by the term, 'False words.' Abu Basir inquired from Imam Ja'far as-Sadiq (a.s.), the exegesis of the following ayat:
"... and avoid false words."
(Surah Hajj 22:30)
The Imam (a.s.) replied,
" (It means) singing."
In explanation to the ayat,
"And they who do not bear witness to what is false, and when they pass by what is vain, they pass by nobly."
(Surah Furqan 25:72)
Imam Muhammad at-Taqi (a.s.) remarked,
" (Vain means) singing."
(Refer Amali of Shaykh Tusi and also the book Al Kafi.)
In yet another tradition, when Muhammad Ibne Uthman inquired about the meaning of this ayat, Imam Muhammad Taqi (a.s.) answered,
"It includes the evil words of one who is singing."
4. "False words" denote singing
The later portion of the same verse says,
"... and when they pass by what is vain, they pass by nobly."
(Surah Furqan 25:72)
Thus, according to the holy Quran when the righteous people pass by, where songs are being played, they pass in a dignified manner, uninfluenced and unimpressed by them.
A similar kind of verse appears in Surah Mominoon, as well:
"And who keep aloof from what is vain."
(Surah Mominoon 23:3)
Both the above verses describe the qualities of a believer. Imam Ja'far as-Sadiq (a.s.) and later Imam Reza (a.s.), have both explained the term "vain words" as follows:
"Vain words imply music and singing and the true worshipers of Allah refrain from these."
(Al Kafi)
5. Singing and hypocrisy
The sixth Holy Imam, Imam Ja'far as-Sadiq (a.s.) said,
"Listening to music, songs and useless words cultivate hypocrisy in the heart, in the same way as algae grows in water."
(Al Kafi)
The same book, Al Kafi mentions a tradition of Imam as-Sadiq (a.s.) that,
"Singing and music is a nest for the bird called hypocrisy."
Singing programme
The venue of a singing programme is a place where descends divine retribution. Imam Ja'far as-Sadiq (a.s.) says:
"Do not even enter houses, the inhabitants of which are deprived of divine mercy."
He (a.s.) is reported to have also said,
"The house where music is played is not safe from sudden disasters. Supplications at such a place are not answered. Angels do not enter this place."
(Al Kafi and Mustadrakul Wasael)
It has been established in the preceding chapter that when the divine punishment descends, it does not discriminate. The excuse, "Though we go to places where there is music and song, but we dislike it in our hearts", seems unlikely to be acceptable. Dislike needs to be expressed by ones action, also. Songs and music should be discouraged.
7. Singing causes poverty
Amirul Momineen Ali (a.s.) says,
"Singing creates hypocrisy and causes poverty."
(Mustadrakul Wasael, chapter 78)
8: Punishment for Singing
The Holy Prophet (s.a.w.s.) has explicitly stated,
"When the singer shall rise from his grave on the Day of Judgement, he will be blind, deaf and dumb."
(Jameal-Akhbaar)
The traditions also state that the singer will be recognised by these very signs, i.e., blindness, deafness etc.
In another tradition Holy Prophet (s.a.w.s.) is quoted to have said:
"Molten lead shall be poured into the ears of one who listens to songs, intently."
(Mustadrakul Wasael)
Deprived of Divine Mercy
Qutub al-Rawandi has recorded from the Holy Prophet (s.a.w.s.),
"The singer is from that group of people, who would not be looked upon with mercy by Allah on the Day of judgement."
Being a fan of a singer
Imam Ja'far as-Sadiq (a.s.) says:
"One who respects a speaker, becomes his slave. If the speaker calls towards Allah the listener worships Allah, but if he calls towards shaitan, the listener has worshipped shaitan."
(Furu Al Kafi)
It is also narrated from Imam Ja'far as-Sadiq (a.s.) that he said,
"Whenever a person begins singing, two satans mount on his shoulders and continue to hit their heels upon his chest, till the time he sings the song."
Is the one kicked by the satans to be loved and admired?
Melodious sounds of Paradise
Hazrat Imam Ali Ibn Musa ar-Reza (a.s.) said,
"One who avoids songs shall be provided by Allah, a tree, which will produce such a melodious sound as has never been heard by anyone. But the one who has not kept himself aloof from songs will not be able to hear this sound."
(Al Kafi)
Beautiful songs in Heaven
The following tradition of Allah's Messenger (s.a.w.s.) is recorded in the book Tafseer Majmaul Bayan,
"One who has listened to too many songs will not be able to hear the Ruhaanis on the Day of Qiyamat."
"Who are the Ruhaanis, O Prophet of Allah (s.a.w.s.)?" someone asked.
The Prophet (s.a.w.s.) replied,
"They are the melodious singers of Heaven."
A similar tradition from Hazrat Ali (a.s.) is found in Nahjul Balagha,
"Hazrat Dawood (a.s.) will be the chief of the singers of Paradise."
(Nahjul Balagha)
The people will listen to such melodious songs from Hazrat Dawood (a.s.) in Heaven, the like of which have never been heard by anyone. However only those who have refrained from listening to songs in this world would be able to hear them.
Strict prohibition
The Holy Prophet (s.a.w.s.) says:
"Calamities will befall my Ummat as sinking of the earth and rain of stones."
The people asked, "When would it happen?"
"When the instruments of music become common, singing girls are in great number and the use of intoxicants is widespread. By Allah, many people of my Ummat will be such that they shall spend the night in merry-making and sensuality and in the daytime become like monkeys and pigs. It will be the consequence of considering the prohibited things permissible, they will be occupied with singing girls, frequently take intoxicants, devour interest and shall dress in clothes made of silk."
Singing and fornication
Singing instigates one to commit fornication. The Holy Prophet (s.a.w.s.) said:
"Singing is the stepping stone to fornication."
(Mustadrakul Wasael)
Songs are responsible for awakening the latent sensual desires of man, which are soon manifested. It is the same whether one sings a song or merely listens to it. He forgets Allah and is prepared to commit any kind of indecency.
Imam Ja'far as-Sadiq (a.s.) says,
"And all those wasteful pastimes are haraam which make one forgetful of Allah; like songs and playing musical instruments."
Yes! Music makes one shameless and lacking in self-respect. It also destroys the feeling of love, compassion and mercy, reducing society to a nightmare.
Prohibition regarding songs and singing
There is no difference of opinion among the Shia jurists about the illegality of singing. It can be said that there is 'ijma' (unanimity) upon this point. The writer of the book, titled Mustanad says, "To consider singing and music 'haraam' is one of the necessities of faith. That is, if a Muslim says that singing is not haraam then he becomes a kafir." According to the author of Izah, "the traditions that state that music and singing is haraam, are mutawatir (very numerous)."
However a slight difference of opinion exists, as to the meaning and connotation of the word 'song'. The majority of the Mujtahids believe that any kind of sound, capable of creating a desire for joyful mirth and sensual feelings is a song; and it is haraam.
Reciting Quran in tune of songs
As we have stated earlier, it is haraam to recite Quran in the characteristics of songs. Similarly it is also haraam to recite Nauhas, Marsiya or Azaan in this way; it is immaterial whether it is poetry or prose that is being recited. Rather, rendering of the sacred compositions into songs carries double punishments. One for the sin of singing songs and the other for causing disrespect to a sacred text.
Reciting Quran in a melodious voice
Every melodious sound is not a song. If Quran or Nauha is recited in a pleasant voice without unduly turning it in the throat, it is not haraam, rather it is desirable to do so. The Messenger of Allah (s.a.w.s.) is reported to have said,
"Recite the Quran in a pleasant voice, in the style of Arabs. You are ordered to avoid the transgressors and doers of greater sins. Certainly, such people willemergein the world who will recite the Quran in a singing manner to make the listeners emotional. It is not allowed to go near these people or to call them near you. The hearts of these people have deviated and those who are influenced by them shall also have their hearts deviated."
(Wasaelush Shia)
Pleasant voice and singing
While describing the signs of the arrival of the Day of Judgement, the Prophet of Allah (s.a.w.s.) said:
"Such kind of people willemergein the world that they would learn the Quran for worldly benefits and will recite it in a singing tune."
However there are many traditions to the effect that reciting the Quran in a pleasant voice is Mustahab (recommended). However we must ensure that its tone is not that of singing.
Singing and music during weddings
Subject to the following three conditions some of the Mujtahids have allowed women to sing on the occasion of marriages.
1. The first condition is that no grown-up men should be able to hear the singing. Not even those who are mehram (under the prohibited degree).
2. Secondly, the songs must not be loud and also must not be based on false statements.
3. And lastly, the singing must not be accompanied with any kind of music.
A few scholars have permitted playing of the small tambourine (tambourine is a drum with skin on only one of its sides). Shaheed-e-Sani and Muhaqqiq-e-Sani say that tambourine could be played in a wedding if it does not have tinkles around it.
However, precaution is desirable and hence on the occasion of weddings also women should avoid singing; the playing of tambourine should also be avoided. Shaykh Ansari (r.a.) quotes Shaheed-e-Sani in the book, Makasib and Sayyid Murtuza says in his book Waseela that, "Precaution is the way to salvation."
Lying is another sin which is classified among the Greater sins. The famous scholar, Shaykh Ansari (r.a.) writes in his book, Makasib-e-Muharrama:
"Common sense suggests lying is haraam, all the revealed religions also say so; particularly Islam. The Quran is explicit in this regard. The corpus of hadith (opinion of the majority of the jurists) verifies this tenet and reason also sustains this assertion."
Lying is listed with the greater sins in the narration of Fazl Ibne Shazaan from Imam Ja'far as-Sadiq (a.s.).
Lying is one of the greatest sins
A tradition from the Holy Prophet (s.a.w.s.) declares,
"Beware I inform you regarding the greatest of the mortal sins: Associating anything with Allah, disobeying parents and lying!"
(Wasaelush Shia)
A similar tradition has been quoted from Imam Hasan al-Askari (a.s.) also,
"All the evils have been locked in a room and its key is lying."
(Mustadrakul Wasael)
Angels curse the liars
The Prophet of Islam in another tradition is quoted to have said,
"When a believer utters a lie without a valid excuse, he is cursed by seventy thousand angels. Such a stench emanates from his heart that it reaches the sky and because of this single lie Allah writes for him a sin equivalent to that of committing seventy fornications. Such fornications that the least of which is fornication with ones mother."
(Mustadrakul Wasael)
Undoubtedly, lying is the worst of sins. It is obvious that the evils of lying are more dreadful than those of adultery. Some false words lead to war between two tribes or two sections of the society. Some lies blight the honour of thousands of people or endanger their lives, or lead to economic disasters.
One kind of falsehood is that which is attributed to Allah, the Holy Prophet (s.a.w.s.) or the Holy Imams (a.s.). Understandably this is the worst kind of falsehood. Often due to lying, innocent people are sent to the gallows and their families destroyed. It is for this very reason that the traditions state:
"Lying is an evil, greater than drinking wine."
Quranic verses denounce lying
Allah the Almighty says in Surah Nahl, verse 105:
"Only they forge the lie who do not believe in Allah's communications, and these are the liars."
And in Surah Zumar it is mentioned:
"Surely Allah does not guide him aright who is a liar, ungrateful."
(Surah Zumar 39:3)
It can be understood from the verses of the Quran that a liar calls for divine curse and invites the anger of Allah.
For example:
"... and pray for the curse of Allah on the liars."
(Surah Aale Imraan 3:61)
And also:
"... the curse of Allah be on him if he is one of the liars."
(Surah Nur 24:8)
A large number of Quranic verses and traditions condemn the sin of lying and describe its evil consequences. The late Haji Noori has collected these verses and traditions and classified them into forty points for easy recalling and reference. We shall quote them for the benefit of our readers.
1. Lying is transgression
Allah says in Surah Baqarah:
"...there shall be no intercourse nor transgression nor quarreling amongst one another (during Hajj)."
(Surah Baqarah 2:197)
The word "transgression" in this ayat refers to falsehood or lying.
Again in Surah Hujarat it is mentioned:
"O you who believe! If an evil-doer comes to you with a report, look carefully into it, lest you harm a people in ignorance, then be sorry for what you have done."
(Surah Hujarat 49:6)
This ayat was revealed for Walid, who is mentioned as an "evil-doer"; i.e. a liar.
2. Meaning of the term "false words"
Alongwith the prohibition of worshipping idols it is ordered by Allah to abstain from falsehood.
"...therefore avoid the uncleanness of the idols and avoid false words."
(Surah Hajj 22:30)
In this verse 'false words' mean lying.
3. The liar is not a believer
One of the verses quoted above (Surah Nahl 16:l05) demonstrates that a liar is not a believer and one who is a believer never speaks a lie. The verse pronounces:
"Only they forge the lie who do not believe in the signs of Allah."
For it is clear that one who disbelieves in the divine communications cannot be a Momin (believer).
4. Lying is an evil and a sin
Traditions have mentioned lying as a sin and an evil. For example, Hazrat Muhammad al-Baqir (a.s.) says:
"Falsehood is absolutely an evil and a sin."
5. The Liar is accursed
The liar is eligible for divine curse and Allah causes His retribution to descend upon him."
For example:
"...the curse of Allah be on him if he is one of the liars."
(Surah Nur 24:8)
6. The blackened face of the liar
The Holy Prophet (s.a.w.s.) says:
"Beware of falsehood! Because falsehood blackens the face."
(Mustadrakul Wasael)
An interesting incident is found in the book, Habibus Sayr:
Sultan Husain Mirza, the king of Khorasan and Zaablistan, sent one of his envoys to Sultan Yaqoob Mirza, the king of Azerbaijaan and Iraq. The envoy carried with him books and other gifts. The Sultan had ordered the inclusion of the book Kulliyat-e-Jami in the set of books. It was a very popular book in those days. Ameer Husain Abeeravi, the envoy, in his haste packed the book Futoohat-e-Makki instead of Kulliyat-e-Jami. On reaching Iraq, he found a hospitable host in the ruler ofIraq. He was asked, "You must have been bored during this long journey?"
The envoy replied, "Not at all! The Sultan has sent for you Kulliyat-e-Jami. So whenever we halted, I read some portions of it and passed my time."
Sultan Yaqoob was eager to see the book. But, when he ordered for it, it was not found to the embarrassment of the envoy.
The king demanded, "Aren't you ashamed to utter such a lie?"
The envoy says, "I left the court ashamed and returned home without a reply to my Sultan's letter. I did not even halt or rest during the journey to Khorasan. I felt death would have been better for me, rather than uttering such a lie."
7. Sin of lying is worse than drinking wine
Imam Muhammad al-Baqir (a.s.) says:
"Certainly Allah has created the lock for every evil and the key to all these locks is drinking wine. But lying is worse than drinking."
(Usoole Kafi)
Wine disables reason and sense, but lying kills the reason. It makes one so insensate that he becomes ready to commit any kind of satanic act. An alcoholic when under the influence of alcohol is not in his proper senses, and thus it is not possible for him to act with cunningness and treachery. But a liar can cause untold mischief in the society through his cunningness; much more than a drunkard can.
8. The foul-smelling mouth of the liar
It is recorded in a tradition that on the Day of Judgement the mouth of a liar will give an awful smell.
9. The Angels abhor the liars
The smell of a liar's mouth would be so disgusting that even the Angels will not go near him. They will keep away from the liars. This is not only for the Day of Judgement. Even in this world, the Angels can smell the foul odour from the mouths of the liars. In a prophetic tradition it is said,
"When a believer utters a lie, such a bad smell emanates from his mouth that even the Angels move away."
(Mustadrakul Wasael)
10. Lying is disbelief (kufr)
The Almighty Allah curses the liars, as is evident from the verse of Mubahela (3:61) and the verse of 'Laam' (24:8).
A mention about this has been made earlier.
11. The stench from the liar's mouth reaches the skies.
12. It is also recorded that the Angels of the sky curse the liars.
13. Falsehood spoils faith.
Imam Muhammad al-Baqir (a.s.) says:
"Lying destroys Faith"
(Al Kafi)
14. Falsehood deprives the liar from the taste of faith.
Imam Ali (a.s.) says:
"Every believer is deprived from the taste of faith till he gives up lying seriously and also in jest."
(Al Kafi)
15. According to traditional reports, lying causes animosity and hatred between people.
16. The vice of lying questions the character of the liar.
A tradition of the Prophet (s.a.w.s.) says:
"The least forbearing is the one who is a liar."
(Mustadrakul Wasael)
17. The traditions from Masoomeen (a.s.) inform us that all the evils are locked in a room and the key to that room is lying.
18. Lying is a sin and a transgression.
The Holy Prophet (s.a.w.s.) is reported to have said.
"Avoid speaking falsehood, because it is a kind of evil and transgression. And both of them belong to Hell." (They make one eligible for Hell).
(Mustadrakul Wasael)
19. According to other reports, seventy thousand Angels curse the liar.
20. Lying is a sign of a hypocrite.
The following tradition of the Holy Prophet (s.a.w.s.) is present in the book of Mustadrakul Wasael:
"The three signs of a hypocrite are:
Lying, betraying trust and going back on his word (Not fulfilling a promise)."
21. The Islamic Shariat does not pay heed to a liar's advice.
In this regard the Holy Prophet (s.a.w.s.) remarked:
"The advice of a liar has no value."
(Mustadrakul Wasael)
22. Falsehood is the worst of the psychological ailments.
Amirul Momineen Ali (a.s.) says:
"The disease of lying is the most dreadful of the (psychological) diseases."
(Mustadrakul Wasael)
23. Lying is an embellishment of the Satan's hands.
A narration of the Prophet (s.a.w.s.) is as follows:
"Certainly, Iblees applies antimony (surma), wears a ring and uses snuff. His antimony is laziness and dozing, the ring of his finger is lying and his snuff is pride and arrogance."
24. The worst earning of a man is falsehood.
The Holy Prophet (s.a.w.s.) says:
" The worst of the profit is from the trade called 'lying'."
(Wasaelush Shia)
Yes! It is a fact that by lying, a person is liable for punishment more than for any other sin.
25. A man came to the Holy Prophet (s.a.w.s.) and asked,
"Which action makes the highest number of people the inmates of Hell?"
The Holy Prophet (s.a.w.s.) replied,
"Lying. When a believer speaks a lie, he becomes prone to commit every other sin; and when this happens, he commits kufr (disbelief) which then makes him enter Hell."
(Mustadrakul Wasael)
Lying causes forgetfulness
26. Imam Ja'far as-Sadiq (a.s.) is reported to have said,
"One of the divine punishments for too much lying is that Allah makes the liar afflicted with forgetfulness."
(Wasaelush Shia)
Thus a man speaks a lie and then forgets his lie. Consequently people come to know that he has spoken a lie and his falsity is exposed to the people.
Now to save his skin he speaks more lies and is insulted further because his forgetfulness does not enable him to hide his false statements.
27. Falsehood is one of the doors of hypocrisy.
Terrible punishment for the liars
28. A liar is inflicted with several kinds of punishments.
Aqa Rawandi has quoted a lengthy tradition from the Holy Prophet (s.a.w.s.) in his book Dawaat. The Prophet (s.a.w.s.) while describing the spectacle of Meraj (Ascension) said:
"I saw a man, who lay flat on his back while an angel mounted his head. The angel who was standing upon the head had ajagged iron rod. He repeatedly injured the sleeping person. The face of the victim was shattered upto the neck. But when the rod was lifted the head returned to its original form. Again the rod was hit on the face and the man suffered the same retribution."
The Holy Prophet (s.a.w.s.) says that he inquired,
"Why is this man punished?"
He was told, "This is a man who left his home in the morning and uttered a lie that caused harm to the people. So he shall be punished in this manner (after death) till the Day of Qiyamat."
30. The liar is deprived of Namaz-e-Shab
The liar is deprived of Namaz-e-Shab and in this way he is also deprived of the benefits that accrue from Namaz-e-Shab and one of these benefits is the increase in sustenance. Sharifi narrates from Imam Ja'far as-Sadiq (a.s.) that he said,
"Doubtlessly, when a man speaks a lie, he is not able to get the opportunity of (performing) Namaz-e-Shab. And when he doesn't get this opportunity (to perform Namaz-e-Shab) he does not get an increase in his sustenance.
31. Falsehood deprives the liar from true guidance and causes him to deviate.
The Quran says:
"And Allah does not guide the unjust people."
(Surah Juma' 62:5)
32. Politeness and civility are removed from the one who lies.
Hazrat Isa Ibne Maryam is reported to have said,
"Civility abandons the one who is a frequent liar."
(Al Kafi)
Then no one is attracted towards him and no one finds any emotional attachment with him.
33. Falsehood is the most outrageous kind of evil and an abomination.
34. We have proved Falsehood to be a Greater sin.
35. Lying is poles apart from belief.
In fact a tradition from the Holy Prophet (s.a.w.s.) says:
"Falsehood is inversely proportional to belief."
That is; when falsehood increases, belief decreases.
36. The greatest sinner is the one who has lied.
The Prophet of Allah (s.a.w.s.) said:
"The greatest of the sins is talkativeness and falsehood."
(Mustadrakul Wasael)
37. The liar is doomed because of the lies that he utters.
The Messenger of Allah (s.a.w.s.) says:
"Avoid falsehood. For it mayemergeto be a way of salvation, whereas in reality it leads to destruction."
(Mustadrakul Wasael)
38. The liar does not deserve friendship and brotherhood.
The Chief of the believers, Ali (a.s.) says:
"Every Muslim is supposed to avoid friendship and brotherhood with a compulsive liar. Because one who befriends a liar is himself considered a liar. Even if he speaks the truth, he is not trusted."
(Wasaelush Shia)
39. The liar is kept away from truth and reality.
"...Surely Allah does not guide him who is extravagant, a liar:"
40. Inhuman form of the liar in Barzakh
The liar has a human form only in this world. In Barzakh he does not retain the human form. While describing the scenes of Meraj, the Holy Prophet (s.a.w.s.) told Janabe Fatemah Zahra (s.a.):
"On the night of Meraj I saw a woman whose head resembled a pig and her body was like that of a donkey. It was because she spread discord and told lies."
(Oyoon Akhbare-Reza)
Various grades of lying
Although, Shaheed-e-Sani and many other Mujtahids consider every kind of falsehood to be absolutely haraam and a great sin, yet we find in traditions that falsehood is of different grades. Among these different kinds of lies, are some that are certainly greatest of the sins and some are among the greater sins. There are also some types of lying about whom there exists a doubt whether they are "greater" or not. Let us examine each kind of falsehood.
Falsehood against Allah, the Prophet (s.a.w.s.) and the Imams (a.s.)
The worst kind of falsehood is what one utters against Allah the Almighty, His Prophet (s.a.w.s.) and the Imams (a.s.). The divine book, Quran says:
"And, for what your tongues describe, do not utter the lie, (saying) this is lawful and this is unlawful, in order to forge a lie against Allah; surely those who forge a lie against Allah shall not prosper. A little enjoyment and they shall have a painful punishment."
(Surah Nahl 16:116-117)
The sixth holy Imam, Imam as-Sadiq (a.s.) says:
"To attribute falsehood to Allah and this Holy Prophet (s.a.w.s.) is the greatest sin."
(Al Kafi)
Imam Ja'far as-Sadiq (a.s.) also told Abu Noman:
"Do not attribute falsehood to us. Such a lie will expel you from the upright faith (Islam)."
(Al Kafi)
This means that even if a single falsehood is attributed to the Imams (a.s.) the light of faith is extinguished from the heart. It is such a serious sin that if one intentionally commits it during the fast of Ramzan, his fast is invalidated.
Every type of falsehood
Every kind of lie and every method of speaking an untruth is haraam. Just as it is haraam to speak a lie with the tongue it is similarly haraam to write something false. Even to point a finger in expressing a lie is "haraam." For example if a person who does not pray is asked by another, "Have you performed Namaz?" and he nods his head. This tantamounts to lying and is a sin. Similarly propagating the words of a liar while being aware that they are untrue is haraam, and so is supporting a liar.
Interpreting the Quranic verses and Traditions to suit oneself
Attributing falsehood to Allah (a.j.), the Holy Prophet (s.a.w.s.) and Imams (a.s.) means that one fabricates a saying and attributes it to them. For example, saying that the Holy Prophet (s.a.w.s.) has said such and such thing, while knowing that it is an absolute lie, or to say that such and such is a Quranic verse, when it is certain that it is not a part of the Holy Quran. Similarly, it is haraam to distort the apparent and the true meanings of the Quranic verses and traditions to suit ones desire or to prove ones point. Incorrect translation of the Holy verses and traditions is also a falsehood.
It is not an easy job
It is for this very reason that most people are not eligible to speak from the pulpit. It is not an easy task to translate the ayats and traditions and explain their meanings in the speech. There is a need to exercise utmost caution in such risky situations. One who has not studied the rules of Arabic grammar properly will inadvertently misunderstand the saying of the Holy Prophet (s.a.w.s.) and the Holy Imams (a.s.) He is bound to err even while explaining the apparent meaning. Therefore the speakers must make it a point to say only the apparent meaning of the ayats and the traditions. They must especially abstain from the exegesis of the ambiguous verses.
A kind of falsehood attributed to Allah (a.j.)
An example of this kind of lie is when a lying person, in order, to prove his statement says:
"Allah is a witness that I am speaking the truth." Or,
"Allah knows that I am saying the truth."
There is a saying of Imam Ja'far as-Sadiq (a.s.):
"One who says, "Allah knows,"where as Allah does not (i.e He knows the opposite of it), the heaven shudder at the Might (and the anger) of Allah (a.j.)"
(Al Kafi)
In another tradition, Imam Ja'far as-Sadiq (a.s.) says:
"When a man says, 'Allah knows' while what he says is a lie, Allah tells him, 'Didn't you find anyone else to attribute a falsehood to?'"
(Wasaelush Shia)
In some traditions it is mentioned that when a person makes Allah a witness for a falsehood Allah says, "Didn't you find anyone weaker than Me to be a witness for your falsehood?"
Falsehood against the Prophet (s.a.w.s.) and Imams (a.s.)
It implies fabricating a tradition and then attributing it to the Holy Prophet (s.a.w.s.) or the Imams (a.s.). In the same way it is haraam to knowingly propagate a weak tradition. However if one is sure of the proper references then he can quote the tradition and attribute it to the Masoomeen (a.s.).
Traditions must be quoted with the chain of narrators
Numerous traditions are found in the books and one is not sure whether they are authentic or not. In this case one can give the name of the narrator and also provide the title of the book as reference. However one must be certain that the tradition is not against the Zururiyat-e-deen, (the necessities of Faith). If there is anything against the basics of the principles of religion it is most certainly a fabricated tradition. Similarly there must not be any sort of disrespect to the Masoomeen (a.s.), nor should the tradition be against reason. Lastly as a precautionary measure one must quote only from the reliable books.
The fifth Holy Imam, Imam Muhammad al-Baqir (a.s.) has said:
"And do not quote (a tradition) except from a reliable authority, otherwise you will fabricate a great falsehood. And falsehood debases you (in the sight of Allah and His creatures)."
(Kashful Muhajja)
The Sermon of Amirul Momineen Ali (a.s.) to Harith-e-Hamadani also contains the following advice:
"Do not quote everything circulating among the common people. It suffices to be a falsehood."
(Nahjul Balagha)
Hence whenever quoting a tradition it is necessary to mention its source. Not a single word must be deleted or added, and not even a single word must be replaced, because in all such cases it would amount to attributing falsehood to the Masoomeen (a.s.).
The honourable Prophet (s.a.w.s.) is reported to have said:
"One who attributes something to me, which I have not said, shall sit in the Fire."
(Wasaelush Shia)
Aqa Noori writes in his book Daarus Salaam:
"A person came to Aga Muhammad Ali a pious scholar and author of the book Magame, and said:
"I dreamt that I am tearing at the flesh of Imam Husain (a.s.) with my teeth. What is the interpretation of this dream?"
Aga Muhammad Ali pondered a while and then said:
"You must be a preacher, relating the tragedies (Masaeb)."
The man replied in the positive.
Aga Muhammad Ali told him, "Either you give up this profession or quote only from reliable books."
Another similar anecdote is recorded in the book, Shifaus-sudoor. A preacher was reciting a majlis in the presence of Ayatullah Al-Haj Muhammad Ibrahim Kalbasi. He was saying that Hazrat Imam Husain (a.s.) said, "Zainab, O! Zainab."
Upon hearing this Ayatullah Kalbasi loudly exclaimed, "May Allah break your mouth! Imam (a.s.) did not say 'Zainab' twice, he had said it only once.
Relating the contents of the narrations
However it is permitted to render the import of traditions in ones own words but it is a must that the speaker should be well versed with the Arabic language and also be capable of understanding the usage. Thus, it is allowed to relate the contents of the tradition in ones own words.
When it is not disrespectful to the Masoomeen (a.s.), poetry could be rendered into prose and vice-versa. In the same way the past event could be quoted in the present tense. For example if one intends to say that, "a person came to Imam (a.s.) and said...." He could say, "a person comes to Imam (a.s.) and Imam (a.s.) tells him...." However, the audience should beaware that what is being related in the present tense has actually passed. In the same way if the traditions say that Imam (a.s.) has prohibited something, the speaker could say, "Imam (a.s.) said, 'Do not do it!'"
2. False oath and avoiding testimony
Another grade of falsehood is a false oath, false evidence and escaping from testifying in an Islamic court. This type of falsehood is also confirmed as a greater sin. Each one of these shall be described in detail in the following pages.
3. The evil effects of falsehood
To lie is surely a great sin, with obvious evil effects, due to the harm it can cause others. The more harmful a lie, the more serious is the sin associated with it. For example, a lie causing monetary loss is definitely less serious than the one that causes loss of a human life.
4. Lying in jest and pleasantry
Lying in jest is another kind of falsehood. For instance, telling a simpleton that, "A certain lady wants to marry you," or "that person has invited you for dinner tonight," when actually there is no truth in it. This type of falsehood is also haraam as proved conclusively from the traditions.
Certain Mujtahids opine that if something untrue is said in jest, and it is clearly understood to be a joke, then it is permitted. However, other Mujtahids regard even a falsehood in jest to be absolutely haraam, whether it is an apparent joke or not, as a precautionary measure. The traditions also confirm that lying even in jest is not permitted.
Total abstinence from lying
Hazrat Imam Zainul Abedin (a.s.) says,
"Avoid falsehood, whether it is small or big, in solemnity or jest."
(Al Kafi)
Hazrat Amirul Momineen (a.s.) said,
"No man can taste faith, till the time he completely forgoes lying, in solemnity and in jest."
(Al Kafi)
It is also related from Amirul Momineen (a.s.) that he said:
"There is no merit in falsehood, whether in seriousness or in jest. Do not even promise your child something if you do not intend to fulfill it. Certainly, falsehood leads man to sin (fearlessly) and (this) leads to the Fire."
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.) in his advice to Abu Zar Ghaffari (r.a.) says:
"O Abu Zar one who protects his private parts and his tongue shall enter Paradise. One who utters a small falsehood in company of people to make them laugh, that same lie shall take him towards Hell."
"O Abu Zar, woe be upon the one who speaks falsehood to make people laugh. Woe be upon him woe be upon him O Abu Zar. One who remains silent will obtain salvation. Then silence is a must for you (in place of falsehood). Not even the smallest lie should be uttered by you."
Abu Zar (r.a.) says that he asked,
"O Messenger of Allah, what is the repentance of the one who has intentionally spoken a lie?"
The Holy Prophet (s.a.w.s.) replied:
"The sin shall be erased by Isteghfar (seeking forgiveness) and by the five-times prayers."
(Wasaelush Shia)
The Prophet of Allah (s.a.w.s.) is quoted to have also said:
"Curse be upon the liar if he has lied in jest."
It is also narrated from the Messenger of Allah (s.a.w.s.) that he remarked,
"I guarantee a house in the best part of Paradise for one who refrains from a dispute even when he is on the right, and a house in the mediocre-grade area of Heaven for one who refrains from falsehood even in jest, and a house in the garden of Paradise for a person with the best morals."
(Khisaal)
Lying in jest is a sin but it is not a greater sin. However if this joke hurts the feelings of a believer or causes him physical harm or is an insult to him, it will be a greater sin.
Exaggeration is not falsehood
Common hyperboles in a conversation are not falsehood. For example after relating a certain thing one says:
"I have told you a hundred times!" Obviously, he has not repeated his statement a hundred times and it is also clear that by "hundred" he does not imply the figure "100"; but rather it means that he has said it a number of times.
Similarly other figures of speech are also permitted, especially in poetry.
No falsehood should be regarded as insignificant
It is commonly seen that when the host asks his guests to stay on for dinner or lunch, the guests say, "we are not hungry;" although in reality it is not so. Consequently it is a lie. People tend to ignore such lies and consider them insignificant. The traditions denounce them in unequivocal words, and their prohibition is clearly established in the Islamic law.
Asma Binte Umais says:
"On the first night of Ayesha's wedding, the Holy Prophet (s.a.w.s.) gave me a bowl of milk and told me to give it to the ladies. The women said, "we are not hungry." When the Holy Prophet (s.a.w.s.) heard this, He said:
"Do not bring together hunger and falsehood."
Asma asked the Prophet (s.a.w.s.),
"O Messenger of Allah (s.a.w.s.), if we desire something but verbally refuse it, is it a lie?"
The Holy Prophet (s.a.w.s.) said,
"Yes! Certainly every kind of falsehood is recorded, (in the scroll of deeds) even the smallest of the small lies is written."
(Safinatul Behaar)
If a person, just for the sake of formality, invites others,
"Please come, and visit us sometimes," when he actually does not desire so, it is not a lie. Because the word "come" is conditional and uncertain. It is neither a truth nor a falsehood. But it is better to refrain from such a show of politeness, because to say something which you do not mean is a sign of hypocrisy.
One day, Imam Ja'far as-Sadiq (a.s.) was seated with his son Ismail when one of his followers arrived, saluted him and sat down. When the Imam (a.s.) stood up and walked towards the ladies portion, the man also followed till the door. Imam (a.s.) bid farewell to him from there. Later, Ismail asked his father, "Why didn't you invite him inside just for the politeness sake?"
Imam as-Sadiq (a.s.) said,
"It was not proper to invite him inside. I did not wish him to come inside. Neither did I wish that Allah should include me among those who say one thing and wish another."
(Behaarul Anwaar)
A False dream
One type of falsehood is that a person says:
"I dreamt such and such." Or attributes falsely a dream to someone else when it is not so. This is also falsehood.
The Holy Prophet (s.a.w.s.) says that the worst types of falsehood are three:
1. To call someone as the son of someone other than his (real) father.
2. To relate a dream that one has not seen.
3. To say something which is not said by me.
One kind of falsehood is to relate folk tales, which are not based on reality but are considered true. The Holy Prophet (s.a.w.s.) says:
"The worst of the narrations is to narrate false history."
Falsehood in examples
Examples are used to explain, understand and remember some intellectual concepts. Sometimes, animals are shown as conversing among themselves. (For example, there is a poem by Allamah Iqbal where a squirrel advises the mountain to give up pride). Now everyone knows that such things are not possible so there is no risk of anyone having a misunderstanding. On the other hand they serve a useful purpose. Hence such examples are permitted. We find such types of examples in the narrations of Ahlul Bayt (a.s.).
Moreover there are also narrations that prove the permissibility of explaining facts and truthful concepts through the media of stories and anecdotes.
Imam Hasan (a.s.) mentions a simile
Hazrat Imam Hasan (a.s.) was in the court of Muawiya when a man said something uncivil about Imam (a.s.). Imam Hasan (a.s.) replied:
"O Umar Ibne Uthman! How stupid is your nature that you cannot understand. Your simile is like the mosquito that considered itself great. It perched on a date palm and when it took off in the air it said to date palm,
'Be careful! I am about to land on you once more.'
The tree replied, 'I don't even know since when you had perched upon me, so how can your flying away affect me?'
Listening to a lie is haraam
It must be known that just as it is haraam to speak falsehood, it is also haraam to listen to it while knowing that it is a lie. And just as it is haraam to read or write falsehood, it is also haraam to quote a lie. The Quran has denounced the Jews and the polytheists for spreading untrue things. It is said regarding them,
"(They are) listeners of a lie."
(Surah Maidah 5:42)
Shaykh Sadooq (r.a.) has recorded that Imam Ja'far as-Sadiq (a.s.) was asked,
"Is it allowed to listen intently to a liar?"
Imam (a.s.) replied,
"One who listens intently to a speaker, worships him. If the speaker is (speaking) from Allah the listener has worshipped Allah. But if the speaker is (speaking) from Satan the listener has worshipped Satan."
A similar kind of tradition is recorded from Imam Muhammad al-Baqir (a.s.) in the book Al Kafi.
The Quran says,
"...and avoid false words."
(Surah Hajj 22:30)
And also,
"And they who do not bear witness to what is false..."
(Surah Furqan 25:72)
These types of verses confirm the impermissibility of listening to falsehood. When a liar is speaking a lie which is a great sin, the place where he commits this sin becomes a place of divine wrath and the listener shall also be included in it.
From the aspect of Nahy Anil Munkar (Forbidding Evil) also, it is wajib to restrain the liar from speaking falsehood.
What is Toriya? (Concealment of truth without uttering a lie)
Toriya means to say something, which could be interpreted in more that one way. One of the meanings should be the truth and the other against reality. It is said that one who speaks a 'Toriya' intends the true interpretation whereas the listeners take it to mean the opposite. For example if a tyrant comes to your place and wants to call you outside but you want to remain in the security of your home, a person from your family can go to the door and say, 'He is not here'; with the intention the 'He' is not at the door. The tyrant may think that you are not at home. This is permitted.
Or if an oppressor is asking you the whereabouts of a person whom he intends to oppress. In this case you can say, 'I do not know his whereabouts'; signifying by the pronoun 'his' someone else whose whereabouts you really do not know. In the same way if one has committed a greater sin and someone asks him, "Have you committed this sin?" The person could save his honour by saying, "I shall seek forgiveness from Allah if I ever committed it."
Similarly he may use uncertain terms or rhetorical sentences.
For example he may say, "Do you expect me to commit such a grave sin?"
Or he can also say the following prayer,
"O Allah protect me from such a sin."
Also if you have pointed out somebody's fault and he feels bad about it, there is no need to utter a lie and say, "You do not have this fault." What can be said to pacify instead is, "Your personality is such that it is wrong to say such things about you."
Toriya is commanded
Toriya is of three kinds:
First type
The first type is when some purpose has to be achieved or there is a risk of some harm. These types of examples are quoted above. It is apparent that such a kind of 'Toriya' is permitted.
Second type
The next type of 'Toriya' is when a person intends to harm or insult someone else. There is no doubt that such a kind of 'Toriya' is 'haraam'.
Third type
The third type of 'Toriya' is when there is neither a purpose behind it nor one intends to cause harm to others. According to some Mujtahids this type 'Toriya' is haraam. This is because 'Toriya' is a kind of a falsehood and whatever proofs exist for the prohibition of lying could also apply for this type of 'Toriya'. Secondly there is nothing to prove the legality of this third type of 'Toriya'. However, some of the Mujtahids are of the opinion that this kind of 'Toriya' is not Haraam. For according to them all those proofs that permit 'Toriya' are also applicable to this type and hence it is not a lie.
However, the precautionary method is to resort to 'Toriya' only when it is certain that it permissible.
Circumstances when lying is permitted
Whenever there is a danger to life, honour and property and if the danger can be avoided by lying, one is allowed to lie. The danger could be to ones own life, honour and property or to that of someone else. So much so that it is also permitted to take a false oath in this situation and in some cases it even becomes wajib (obligatory) to speak a lie. E.g. when there is risk to ones life. In this case, it is wajib to save oneself by lying and taking a false oath. For example, if an oppressor intends to kill a Muslim or to beat him up, dishonour him, seize his property or imprison him and if he enquires from you of his whereabouts, it is obligatory not to tell the truth even if one has to take a false oath and say that one does not know of his whereabouts.
In the same way if someone entrusts a thing in your possession and another intends to seize it; it is your duty to protect the entrusted thing even if you have to resort to falsehood or take a false oath.
False oath to save the Muslims
There are many traditions that support the taking of a false oath in order to save the Muslims. For example, Shaykh Ansari in his book, Makasib quotes from Imam Ja'far as-Sadiq (a.s.) and Imam Ali (a.s.) that they have narrated the following tradition of the Holy Prophet (s.a.w.s.).
The Holy Prophet (s.a.w.s.) says:
"Swear falsely by Allah, but save your Muslim brothers from unjust murder."
Ismael Ibne Saad records a confirmed tradition, wherein he says that he asked Imam Ali Reza (a.s.) concerning the person who takes a false oath to save his property from an unjust ruler.
Imam Reza (a.s.) replied,
"There is no harm (in it)."
He was again asked, "If a man takes a false oath to save the property of his believing brother, just as he had sworn falsely to save his own property. Is it allowed?"
Imam (a.s.) said,
"Yes! It is allowed."
(Wasaelush Shia)
Also Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"If one is compelled to take a false oath to save the life of a Muslim or to save his property from an oppressor or a thief, not only is the expiation of this false oath not payable but he would rather be eligible for (divine) rewards."
Monetary loss and falsehood
Two points must be remembered at this juncture. One is that even though it is permitted to lie to save oneself from every type of monetary loss, yet it is Mustahab (recommended) not to lie if one is capable of bearing the loss. Amirul Momineen Ali (a.s.) says,
"The sign of belief is that one speaks the truth even if it causes loss and refrains from a lie even if it is beneficial (to lie)."
(Nahjul Balagha)
If one is compelled he must limit himself to Toriya
Another important point is that in situations where the Mujtahids have permitted Toriya it is best not to use falsehood, but limit oneself to Toriya only.
Reconcile two believing people by using falsehood
Imam Ja'far as-Sadiq (a.s.) said:
"Speech is of three types, truth, falsehood and reconciling people."
Someone asked, "May my life be sacrificed for you. What is, 'reconciling people'?"
Imam (a.s.) replied:
"You hear someone speaking ill about somebody but you tell the other person that the former was saying good things about you."
(Wasaelush Shia)
Conveying a message of ill will
Infact one is ordered to resort to lies if by doing so, one can bring about reconcillation between two people. One who brings about such reconciliation shall not be termed a liar. Because if the message of ill will is communicated from one to other, it will only increase enmity between the two.
In the same way if a husband and wife have separated and divorce is about to take place, one is allowed to speak a lie if it can bring about a reunion. For example the husband could be told, "Your wife is very much troubled by the separation. She has such intense feelings for you that she may fall ill." Or the wife may be told similar things so that they may reunite.
Reconciliation among people
The Holy Prophet (s.a.w.s.) has said,
"After the fulfillment of wajib acts, the best action is to bring about peace and reconciliation among people. This is such an act that spreads goodness in the world."
Amirul Momineen Ali (a.s.) said that the Holy Prophet (s.a.w.s.) has said at the time of recording his will and testament.
"O Ali, Allah even likes a falsehood for the sake of peace and dislikes truth that spreads corruption."
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.) has also said,
"To make peace among people and to think about reconciling people, and removing discord is better than prayers and fasting."
Abu Hanifa Saeq Al Haj says, "There was an inheritance dispute between my son-in-law and me. Our dispute was in process when the agent of Imam as-Sadiq (a.s.), Mufazzal happened to pass by. He stopped to listen for a while then returned to his house. He then gave us four hundred dirhams and solved the dispute.
Then he said, 'The money that I gave you was not mine. It belonged to my master Imam Ja'far as-Sadiq (a.s.). He had ordered me to solve the disputes among his followers through this money.'"
This shows the importance of peace and reconciliation. The Holy Prophet (s.a.w.s.) has also stated that it was better than prayers and fasting, even though this action is Mustahab (recommended) whereas the former are Wajib (Obligatory). The reason for this could be that due to prayers and fasting an individual is reformed. Whereas the peacemaker reforms the whole society and consequently prayers and fasting also become popular among the people. Unity among the Muslims is not only beneficial for the Hereafter, it is very much needed from the worldly point of view also. When the hearts of the believers unite for the sake of Allah, such a power is achieved that not only the apparent enemies can be faced but even the hidden enemies, i.e. "the self" and "shaitan", can be easily deflected.
Kur water and the united hearts
The unity and understanding among the people could be compared to Kur water. If water is divided by putting it in different vessels and each of them is less then a kur, then whenever impurity (Najasat) falls into one of them, it makes that water Najis (impure). But if all the water is collected in one place and it becomes more than a kur and if an impurity falls into it, it does not make the kur water Najis. On the contrary the kur water is capable of purifying the impurity of a Najis object. Exactly, in the same way when the people unite together, the divine mercy descends upon them and each one benefits by it. Secondly due to the unity among the Muslims they will be held in high esteem by people of different faiths.
Another example is the merits of congregational prayers and its great rewards. It is very much recommended to behave kindly towards the believing brother, to help him and support him. Similarly it is highly meritorious to visit the believers, to shake hands with them and to hug them. These actions carry great benefits. To make peace between two believers qualifies one to untold rewards. Similarly it is mentioned that to befriend a believer for the sake of Allah carries tremendous rewards. After examining the rewards for all of the above actions one concludes that all such actions have been promulgated for maintaining the unity among believers.
Falsehood in the battle-field
It is known from some traditions that during a war with unbelievers, it is permissible to use falsehood, if by doing so, victory can be gained over them.
Promise to a wife
A man can give a promise to his wife even if he does not intend to fulfill it, a man can give a false promise to fulfill his wife's desire, if he thinks that his refusal will cause dispute and discord in the family, or make his wife extremely unhappy. Obviously such falsehood is also permissible under compelling conditions when a man fears that refusing to promise may lead to an extreme situation like divorce.
However, whether such a promise is permitted or not is difficult to confirm. Some weak traditions do state that such a false promise is allowed. For example if a wife asks for something, her husband can give her a false promise.
Fear of retribution and good deeds
Hazrat Ali Ibne Abi Talib (a.s.) says:
"Avoid lying! For when one desires something he strives for it and when one fears something he strives to keep it away from himself."
(Al Kafi)
Imam Ali (a.s.) explains the above tradition as follows: If one sincerely desires the pleasure of Allah one must strive for it and one of the ways of doing so is by refraining from lies. Falsehood is a forbidden act causing extreme displeasure of Allah. In the same way if one really fears divine retribution, one must keep aloof from sins, for sins incur punishment. If a person merely claims that he hopes for divine rewards and fears divine punishment, but does not perform good deeds nor refrain from sins, he is a liar.
The following saying of Amirul Momineen Ali (a.s.) is recorded in Nahjul Balagha:
"One who thinks that he hopes (in divine rewards) but his actions do not express it, then by Allah, he is a liar. For when he hopes for something it becomes apparent from his actions.
But if he hopes in Allah and his actions do not show it? In the same way when one is afraid of something his actions express this (fear) and he flees from that thing. Then after claiming to be fearful of divine punishment why does he not flee from sins?"
Thus if a person who claims to be fearful of Allah and hopeful of divine rewards, but whose actions do not confirm his claim, is considered a liar. In the same way a person who claims to have the traits of patience, thankfulness, contentment and resignation etc. which are not shown in his behaviour is also a liar.
Your speech must conform to your thoughts
Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"Whenever you say 'Allaho-Akbar' (Allah is the greatest) you must consider everything between the earth and the sky to be lesser than Allah. Because when Allah sees that a person say Allaho-Akbar only superficially, He says, 'O liar! You try to be smart with Me? By My Might and Honour I shall deprive you of My remembrance.'"
It is regretful that people verbally say, 'Allaho Akbar' but their actions belie their words. For if they are told to do something for the sake of Allah or to refrain from something for the sake of Allah they do not pay any heed, but if a monetary fine is due for any disobedience, they are sure to respond. Thus money has importance for them than Allah's pleasure or displeasure. There are people who perform particular actions or restrain from them only due to fear of harm by fellow humans. If they are told to do so only due to the fear of Allah, they will not be impressed.
A show of submission
A person who says to Allah, 'Thee only do we worship and Thee only we ask for help', but his actions are such that day and night he is involved in the acquisition of wealth and is preoccupied in the satisfaction of carnal desires. Can we consider this man to be truthful? Does this man really worship Allah?
In the same way many a man puts his trust and faith in the apparent agencies through which he gets his profit and gain. He regards these as the deciding authorities and seeks their help, overlooks the fact that these means themselves are through Allah's grace. Can such a person be truthful when he says "Thee only do we worship and Thee only we ask for help?"
Falsehood in supplications
Oftentime people supplicate with the following words, "I am pleased with my Lord and Cherisher, He the sole cherisher of all the creatures. I am satisfied with Him."
But if the situation changes and these people are faced with distressing circumtances, they do not hesitate to complain about what Allah has decreed for them. In such a case the above-mentioned supplication amounts to lying.
Confession of Belief in the Imams (a.s.)
The supplication, "I am pleased that Muhammad (s.a.w.s.) is my Prophet; and Quran is my Book and Ali is my Imam; and all of them are for my guidance," will also be a lie when uttered by a person who does not practice the tenets of Islam as explained by our Ahlul Bayt (a.s.) and behaves according to his own whims and fancy.
Do you speak the truth?
A man prays, "(O Allah) when I look at my sins, I weep and when I see Your mercy and forgiveness I become hopeful and happy in anticipation that You will forgive me," but when faced with temptations, he makes no serious toil to restrain himself and commits sinful acts without any qualms. The falsehood of such a person is clear.
In the same way if a person says, "I weep due to (the fear of) the agony of death, due to the fear of questioning of the grave, due to the fear of Qiyamat," while in reality he is not fearful of any of these, his falsehood is obvious. It could be this very kind of falsehood that is referred to in Dua Abu Hamza Thumali of Imam Zainul Abedin (a.s.):
"O Allah! May be You have found me in the position of a liar and for this (You have taken away your mercy from me) left me on my own condition."
Lying to the Imams (a.s.)
An example of lying to the Imams (a.s.) is that of a person who recites the Ziarat and says, "(O Imams) I accept your sayings and act upon your commands and obey you," but who does not do so in reality. In fact he obeys his own desires. Such a person is a hypocrite! He is lying to the Imams (a.s.).
Another example of such a falsehood is when he says in Ziarat, "We make peace with those who are at peace with you and we make war with those who are at war with you." Even though he verbally claims this, in actual practice he is friendly with the enemies of Islam. Also, he is inimical to the believers. He also claims, "I keep aloof from your opponents," but does not act upon it. Isn't such a person lying to the Imams (a.s.)?
Then how should we pray?
A question arises here that if by reciting a dua or Ziarat, if one is bound to utter lies, then how should one pray?
Although a detailed reply to this is beyond the scope of this book, we can say in brief that the manner of praying denounced by us is when the supplicant invokes Allah, the Holy Prophet (s.a.w.s.) and the Imam (a.s.), but he takes his supplication lightly and makes no sincere effort to better himself.
However, a believer should not feel that since it is not possible to avoid falsehood in prayers it is better not to pray. This is despair of Allah's mercy and a satanic instigation to keep the believer away from the divine rewards. What one should do is to pray sincerely and to achieve perfection in a gradual manner and Allah will surely help such a person in achieving this ultimate aim.
A person either understands the meanings of duas and Quranic verses (as those quoted above) or not. Even if one recites them without following the actual meaning, the duas and Quranic verses will illuminate his heart by their light. He will also be eligible for the divine rewards.
Every person has a different position
With respect to knowledge and piety our Masoomeen (a.s.) occupy the highest position. Amongst the believers there is a wide spectrum of people capable of different levels of understanding and piety, but none can reach the stage of Masoomeen (a.s.). All believers succumb to their desires and selfish motives to a greater or lesser extent. Consequently they fall prey to sins and disobey Allah. This is inevitable. This situation is aptly described in the following words of Dua Abu Hamza Thumali.
"O Allah! I did not sin due to disbelief in You, nor did I sin considering Your command insignificant or thinking that your punishment is light. But I sinned due to the instigation of my selfish desires and due to pride..."
The believers can comfort themselves that they are not really lying when they do not rise up to the level expected in the supplication they utter. They can also comfort themselves that they are believers because they fear Allah and repose their hope in Allah, as the Holy Quran says:
"And fear (only) Me if you are believers. "
(Surah Aale Imraan 3:175)
Firm conviction and disobedience
Even though the belief in Allah and the fear of His retribution is present in man, he is still prone to sins. It is not that one who believes in Allah cannot sin. For example, who does not know that a dead body cannot cause any harm? Everyone firmly believes in it. Yet how many people can stay alone with a corpse at night? Here a firm belief is unable to rid the man of his fear of the dead. Even a firm belief cannot guarantee one's actions. It is for this reason that we recite in Dua, "Bestow upon me such a firm conviction that I can worship you with sincerity." There is no doubt that if one prays to Allah out of intense fear; which would restrains him from committing sins, Allah will surely create such a fear in his heart.
Also the magnitude of his fear increases along with the increase in grades of piety and obedience which he achieves due to constant efforts.
It has been mentioned in the traditions:
"Whoever desires something and strives for it, finds it."
Truly! Being absolutely truthful seems possible only for the Masoomeen (a.s.). As the Holy Quran states,
"And be with the Truthful Ones!"
(Surah Tauba 9:119)
The "Truthful Ones" referred to in this ayat are the Ahul Bayt (a.s.).
According to the traditions 'false oath' belongs to the category of greater sins. False swearing is a greater sin as mentioned in the authentic tradition recorded by Abdul Azeem and also in the tradition of Imam Reza (a.s.) as quoted by Fazl Ibne Shazaan. There is a report from Imam Ja'far as-Sadiq (a.s.) in the book Tuhafful Uqool:
"False swearing causes destruction of the faith."
(Behaarul Anwaar)
According to traditions a person who conveys a false report or oath will be sunk in depravity and will be surrounded by hell fire. The traditions state that false oath destroys a person's faith just as a sharp blade removes hair from the body. To swear by Allah, to convey a falsehood is a particularly detestable sin.
Punishment for a false oath
"(As for) those who take a slender price for the covenant of Allah and their own oaths-surely-they shall have no portion in the hereafter, and Allah will not speak to them, nor will He look upon them on the Day of Resurrection nor will He purify them, and they shall have a painful chastisement."
(Surah Aale Imraan 3:77)
This same verse was quoted by Imam Ja'far as-Sadiq (a.s.) to prove that taking a false oath is one of the greater sins.
The Prophet (s.a.w.s.) orders the taking of oath
An interesting incident is quoted in Tafseer al-Mizan from the book Amali. Imrul Qays and another man had a dispute regarding some property. Both of them came to the Holy Prophet (s.a.w.s.). He (s.a.w.s.) asked Imrul Qays,
"Can you provide two just witnesses to substantiate your claim?"
He replied, "No!"
The Holy Prophet (s.a.w.s.) said,
"Then your opponent should take an oath."
Imrul Qays said, "But what if he swears falsely and acquires my property?"
The Holy Prophet (s.a.w.s.) replied,
"If he swears falsely he shall be included among people who will not be eligible for Divine Mercy on the Day of Judgment and Allah shall not purify him of sins. There would be a dreadful punishment for such a man!"
When the litigant heard these statements he was filled with horror and gave up his false claim to the property of Imrul Qays.
Hazrat Imam Ja'far as-Sadiq (a.s.) is reported to have said:
"One who knowingly takes a false oath had made war upon Allah."
(Al Kafi)
Imam Muhammad al-Baqir (a.s.) says that the Holy Prophet (s.a.w.s.) said:
"Refrain from false oath, because it destroys inhabitations and makes the sinner helpless."
(Al Kafi)
According to other traditions, false oath and severing relations are two such sins that cause the destruction of towns and cities. The inhabitants are eliminated and the progeny terminated.
Evil consequences of false oaths
Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"One who swears falsely becomes poor within forty nights" (means forty days).
(Al Kafi)
Many traditions of similar connotations are available. The same Imam (a.s.) has also said:
"The false oath that takes one to the fire is the one which is taken to usurp the right of a Muslim or to usurp his property."
And Imam Ja'far as-Sadiq (a.s.) also remarks,
"When a person says, "Allah knows!" when in fact he is speaking a lie; then Allah tells him, 'Didn't you find anyone other than Me to ascribe the falsehood to?'
(Al Kafi)
The Holy Imam (a.s.) also says:
"When a person says 'Allah knows' and the fact is that Allah knows contrary (to what he alludes), the heavens shudder due to the Might and Divine anger."
Types of oaths
An oath is taken to prove some fact or report, or to relate the same with emphasis. There are four kinds of oaths:
1. Wajib (Obligatory).
2. Mustahab (Recommended).
3. Makrooh (Detestable).
4. Haraam (Prohibited).
When does it become wajib (obligatory) to swear?
It is wajib to take an oath in a situation where one's life or honour, or that of another Muslim, is in danger, and taking the oath can ward off the danger. When it is wajib to protect ones property it is also wajib to take an oath for its protection. In fact in all the above situations it is wajib even to take a false oath, although as a precautionary measure one should first try ones best to employ Toriya.
Mustahab oath
There are situations where it is Mustahab to take an oath or to refrain from doing so. In case of very insignificant property belonging to oneself or to another Muslim it is not wajib to swear. In this case it will be Mustahab to do so. Property that is usually considered insignificant is worth thirty Dirhams or less.
Zurara asked Imam Muhammad al-Baqir (a.s.): "The oppressive rulers forcefully collect taxes from us. Can we swear falsely that we have nothing to give tax on when it is not possible to save our money without swearing falsely?"
Imam (a.s.) said,
"Take such oaths! Such oaths are more sweet than dates and butter."
(Wasaelush Shia)
However if the property is not worth much, especially if its value is less than thirty Dirhams, then it is Mustahab not to swear falsely, even if it may be necessary to save oneself from the oppressor.
Hazrat Imam Ja'far as-Sadiq (a.s.) has quoted the following tradition from the Holy Prophet (s.a.w.s.):
"Respecting the Greatness of Allah if one refrains from swearing, Allah shall give him much better than whatever he has lost."
(Furu Al Kafi)
Imam Ja'far as-Sadiq (a.s.) says:
"If there is claim against you regarding some property and the claimant does not have any right upon you, and desires to make you take an oath, then if the claim is for something worth less than thirty Dirhams, hand it over to him and do not take an oath. But if it is worth more than thirty Dirhams, take the oath and do not give him anything."
(Furu Al Kafi)
The Holy Prophet (s.a.w.s.) says:
"If a person takes his debtor (or one who owes him something) to the court of the ruler; and the king asks him to swear; and knowing that he is on the right he respects the Greatness of Allah and refrains from swearing, then on the Day of Qiyamat Allah shall not desire for him a position less than that of Hazrat Ibrahim (a.s.)."
Imam Sajjad (a.s.) avoids swearing
In the book Al Kafi there is a tradition, which says that a wife of Imam Sajjad (a.s.) had some connection with the tribe of Bani Hanifa. A Shia of Imam (a.s.) informed him that this wife of his bore enmity to Amirul Momineen (a.s.). After investigating the matter Imam (a.s.) divorced her. She had already received the Meher amount (Dower), but she filed a claim for it against Imam (a.s.) in the court of the ruler of Madinah. She demanded four hundred Dirhams as Meher from him. The ruler of Madinah told Imam Sajjad (a.s.), "Either you swear that you have already paid her or you pay the amount of Meher (now)." Hazrat Syed-e-Sajjad (a.s.) did not swear, but ordered his son Hazrat Muhammad al-Baqir (a.s.) to pay four hundred Dirhams to the woman. Hazrat Baqir (a.s.) said, "May I be sacrificed for you! Are you not on the right?"
Imam (a.s.) replied,
"Why not? But I consider Allah to be much more honourable than this matter, that I swear by His name for some petty worldly property."
Swearing for the sake of emphasis
Not only it is permitted but it is mustahab to swear in order to emphasize on a true fact, or to prove some fact, or to show its importance. For example the Holy Prophet (s.a.w.s.) speaks after taking the oath:
"By Allah! Allah does not delay in forgiving, Though you may be lazy in seeking it."
(Masaalik)
Another example of an oath is the following saying of Amirul Momineen (a.s.):
"By Allah! If people knew what I know then very few would have laughed and many more would have wept."
(Masaalik)
There are numerous Quranic verses and the traditions of Masoomeen (a.s.) where oath is taken. All of them are of this same type. They are for emphasis and for proving particular facts.
A person wrote a letter to Imam Muhammad Baqir (a.s.) and asked about something which was being wrongly attributed to him (Imam a.s).
Imam Baqir (a.s.) wrote the following reply,
"By Allah! What is being attributed is not correct. But under no circumstance do I like to say "By Allah" to disprove it. Yet I regret that such a thing is being said when it really isn't so."
(Mustadrakul Wasael)
Swearing is Makrooh
We have already described the wajib and Mustahab oaths. Apart from these, in all other situations, it is Makrooh (detestable) to swear. It is irrelevant whether the oath is for something past, present or future. In ordinary situations, for ordinary matters, taking an oath is Makrooh. Swearing for a false thing is certainly Haraam. It is the command of Imam Ja'far as-Sadiq (a.s.):
"Do not swear by the name of Allah, whether you are speaking the truth or lying."
(Furu Al Kafi)
"Because Allah says in the Holy Quran,
"And make not Allah because of your swearing (by Him) an obstacle to your doing good...""
(Surah Baqarah 2:224)
Hazrat Imam Ja'far as-Sadiq (a.s.) also says,
"One who swears falsely by Allah for a lie has disbelieved, and one who swear by Allah for truth has sinned, because Allah says: "Do not use Allah for (taking of) your oaths."
(Furu Al Kafi)
The above quoted traditions could be simply explained thus:
To swear falsely in the name of Allah is definitely a greater sin and one who indulges in a greater sin, falls down from the highest position of Faith. Due to this some amount of disbelief comes to his heart. Imam (a.s.) has also called a true oath a sin and he has used the word "Ithm" (sin). Since it is prominent among the Mujtahids that a true oath is Makrooh the word "Ithm" would imply something which is very very undesirable.
A Lesson from Hazrat Isa (a.s.)
The book Furu Al Kafi also contains the following report from Imam Ja'far as-Sadiq (a.s.):
"The apostles of Hazrat Isa (a.s.) came to him and said, "O the teacher of good, give us some advice."
He (a.s.) said, "Certainly, Musa, the Prophet of Allah commanded you not to swear falsely by Allah. And I order you not to swear falsely and (nor) truly."
(Furu Al Kafi)
Oath of respectable objects and personalities
Wherever it is permitted to swear by Allah, it is also permitted to swear by other honorable personalities or respectable objects. In such situations it is allowed to take an oath by the Quran, the Ka'ba, the Prophet (s.a.w.s.) or the Imam (a.s.). In the same way oath upon any other respectable object is also permissible. For example a person may swear by his father or son etc.
Those traditions that prohibit swearing by Allah's name prohibit it for proving ones right. They do not prohibit the proving of a true fact by oath. However when a situation arises where it becomes obligatory to take an oath, then one must swear only by Allah. Oath by any other object or personality will not be absolutely correct and from the Shariat point of view the matter will not end conclusively. Similarly if one has to take an oath for performing a particular action in the future, in this case too, one must swear only by Allah. Any other vow does not have any legal standing.
The oath that is haraam under all circumstances
The oath which is Haraam under all circmstances and which one can never take is that of dissociating with Allah and His religion. For example a man says;
"If I do not perform this particular action, I shall be dissociated with Allah and His religion." Such an oath is certainly Haraam.
In the same way if one says:
"If I do not do this, I would have disbelieved in the Holy Prophet (s.a.w.s.), or I would have rejected the Mastership of Ali (a.s.), or I would become a disbeliever." Such a vow is also Haraam. It is Haraam whether one wishes to prove the truth or to lay emphasis upon a fact.
The Holy Prophet (s.a.w.s.) heard a person taking such an oath. He (s.a.w.s.) said, "Woe be unto you, if you leave the religion of Muhammad (s.a.w.s.) then which religion would you follow?"
The narrator says that the Holy Prophet (s.a.w.s.) did not speak to this man till the end of his life.
(Al Kafi)
Imam Ja'far as-Sadiq (a.s.) informed Yunus Ibne Zabyan:
"O Yunus! Do not speak about dissociating from us in an oath. One who takes oath from it, whether for a true thing or a falsehood, he really becomes dissociated from us."
(Al Kafi)
Expiation for a haraam oath
The expiation for an oath which is haraam, (the oath which states dissociation with divine personalities), according to a group of Mujtahids is equal to expiation of Zihar (when one vows to abstain from one's wife, sexually). Another group of Mujtahids has prescribed its expiation to be equal to that of breaking a vow and it is the same as the penalty of breaking or not keeping a Wajib fast of Ramazan.
(Refer Shariyatul Islam)
However, Shaykh Mufeed (r.a.) says that expiation of vow of dissociation is to feed to satiation, ten poor people and also to repent. The same decree is proved from a letter of Imam Hasan al-Askari (a.s.), which is quoted in the book Masaalik.
Imam (a.s.) says,
"He shall feed ten poor people with a 'Madd' (approximately ¾ of a kilo) of food and seek forgiveness from Allah."
In this penalty, the following edibles can be given: wheat, wheat flour, barley, rice or any other cooked food.
Since the chain of narrators for this tradition is authentic, one must act upon it as a precautionary measure.
Imam Ja'far as-Sadiq (a.s.) and Mansur Dawaniqi
A man came to the Abbaside king Mansur Dawaniqi and began to instigate him against Imam Ja'far as-Sadiq (a.s.). He said, "He desires to launch an attack upon you. He has sent money to different places for this and continues to do so. He has always supported the sons of Abdullah Ibne Hasan, Muhammad and Ibrahim, and these two have confronted you."
Mansur summoned Imam Ja'far as-Sadiq (a.s.) from Madinah. When Imam (a.s.) reached the court of Mansur, he quoted the false allegations and severely criticised the Imam (a.s.).
Imam (a.s.) replied,
"I seek the refuge of Allah from such things. All these are false allegations."
Mansur called the man who had laid these false allegations against Imam (a.s.). The accused man came and repeated his accusations. Imam as-Sadiq (a.s.) asked him,
"Can you swear for the truth of your statements?"
This accused person began to say, "By Allah! The one besides whom there is no god, He is the..."
Imam (a.s.) interrupted him,
"Do not make haste in taking the oath, say as I command you."
Mansur asked, "Is there any defect in the oath which he has taken?"
Imam replied,
"When a man swears by Allah, praising the Divine qualities, Allah refrains from sending an immediate retribution. So he should say like this, 'I swear by Allah ignoring His Might and Power and seek the refuge on my own might and power that whatever I have said is the truth.'"
Mansur ordered that man to swear in this manner. The man began to take the oath and had not even completed it when his tongue rolled out like a dog and he fell down dead.
Is it against a prohibited oath?
Someone may think that this narration mentions the prohibited form of oath. It is not so. Muhaqqiqe-Qummi says that in the first place the chain of narrators of this tradition is weak. Secondly it may be that ordering such an oath may be the sole prerogative of an Imam. The Imam (a.s.) knew that the one taking such an oath is not a believer. He was an enemy of Ahlul Bayt (a.s.) and it was necessary to resort to such means in order to clear himself of the false allegations.
(Jame ush-shataat)
From the explanation of this tradition by Muhaqqiq it is clear that Imam (a.s.) considered that accursed man deserving of death and his death only depended upon the oath of dissociation. It was also necessary that Imam (a.s.) was not disrespected and that the Imam (a.s.) could save himself from being unjustly persecuted at the hands of Mansur. Another benefit that accrued was that, Mansur for the time being, refrained from oppressing the other Sadaat (descendants of Holy Prophet) and believers.
Repenting for a false oath
The method of repenting for a false oath is that one must feel extremely remorseful for it. He should know that he has considered the Divine name of Allah to be a plaything, and that he has committed a grave sin. The more remorse one feels and the more serious he considers his sin, the closer he shall be to Allah's Divine Mercy and Forgiveness. If due to this false oath some monetary loss has occurred to a believer or a believer has been insulted, then the one who had taken the false oath must compensate for the monetary loss and apologise to the believer, and as far as possible try to make up for the harm that has been caused due to his false swearing.
When is the vow correct?
There are some requirements for the correctness of a vow that a person takes for performing or avoiding particular actions in the future. If all the requirements are fulfilled then it is haraam to break this vow. If it is broken, expiation becomes wajib.
The following are the conditions for such vows:
1. The vow should be with regard to a wajib or a Mustahab act. For example, he can vow that he shall not intentionally avoid the Morning Prayer, he will make it a point to say Namaz-e-Shab. In the same way if one vows to abstain from a particular act, this act has to be either haraam or Makrooh in nature. For example he can vow that he shall not speak a lie in future or he can vow to refrain from spitting in the mosque. A vow to refrain from a Mubah (permitted) act or thing should only be taken when there is some benefit in it. For example it is Mubah to smoke. So one can take a vow in order to give up this habit.
2. Vows with regard to all the five types of actions, i.e. Wajib, Mustahab, Haraam, Makrooh and Mubah are valid only when the name of Allah is uttered with a firm intention to do or to refrain from a particular thing. One must not swear by Allah in jest. If one is in a habit of saying, "By Allah I shall do this." or "By Allah I shall not do it" then unless he seriously means it, such a vow is not considered valid.
The Quran says:
"Allah does not call you to account for what is vain in your oaths, but he calls you to account for the making of deliberate oaths; so its expiation is feeding of ten poor men out of the middling (food) you feed your families with, or their clothing, or the freeing of a neck; but whosoever cannot find (means) then fasting for three days; this is the expiation of your oaths when you swear; and guard your oaths. Thus does Allah make clear to you His communications, that you may be grateful.
(Surah Maidah 5:89)
Useless Vow
From the foregoing discussion we can conclude that a vow is only valid when there is some inherrent good or evil in the concerned action. Therefore one can take a vow only for acts that one is inclined towards or those that are wajib or mustahab. Similarly if a person vows to refrain from a particular action he must feel an aversion to it or it should be something makrooh or haraam. Hence to vow to perform some lewd action is itself lewdness. Such a vow is invalid from Shariat point of view. We must never vow to perform evil acts whether it is evil according to reason or according to Shariat.
It is haraam for one to vow to omit wajib or mustahab prayers or vow not to speak to ones mother or any other relative. It is also not allowed to vow against performing Hajj if one is capable of doing so. To vow that one would never mediate between two believers is also haraam. All such vows are invalid. Hence if one has ever taken such vows one must repent for them.
Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"If one takes a vow to refrain from a beneficial act he must perform it (and disregard the vow). There is no kaffarah for breaking such a vow. It is only a satanic instigation."
(Al Kafi)
Although apparently the above tradition and other such reports imply that a vow for a mubah act which is beneficial is invalid, the mujtahids are of the opinion that one must exercise caution and in case such a vow is broken, kaffarah should be paid. According to the majority of the jurists a mubah thing becomes wajib if one takes a vow for it. Thus the best thing is to follow the path of precaution.
Saeed Aeraaj, a narrator of traditions says that he asked Imam Ja'far as-Sadiq (a.s.) about a person who had vowed to do a particular thing, whereas the avoidance of that was more beneficial, and now the person himself was worried to disregard his vow. Imam (a.s.) said,
"Have you not heard the Messenger of Allah (s.a.w.s.) say that whenever you find that you have vowed against doing something that is better to be done, you must ignore your vow?"
(Al-Kafi)
Types of Vows
In the same book, Al Kafi we have a tradition of Imam as-Sadiq (a.s.) that he said,
There are three types of Vows:
1. A vow that makes hell incumbent.
2. A vow that makes kaffarah wajib.
3. A vow that neither earns hell nor entails kaffarah.
A vow that makes hell incumbent is a false one. It is a vow that proves harmful to the Muslims. It is called 'Yaman Ghamoos' in the religious terminology.
A vow that entails Kaffarah is one that is taken to perform a charitable act or taken to refrain from an evil act. If a person breaks such a vow he is liable to pay kaffarah for the same. In addition he must feel remorse for it and repent.
Lastly, a vow that neither earns hell nor makes kaffarah wajib is the vow of doing Qat-e-Rehmi taken under duress before a tyrant ruler, parents or ones spouse. Other vows like the doing of some evil act or to refrain from a wajib are also included in this category. Those who wish to study in detail may refer to the comprehensive books of jurisprudence.
According to the corpus of traditions false testimony is a Greater sin. It is also mentioned in the narration of Abdul Azeem quoted from Imam Muhammad al-Taqi (a.s.). Similarly the tradition of Fazl Ibne Shazaan includes it in the list of Greater sins as mentioned by Imam Reza (a.s.). That it is a Greater sin is also proved by the hadith of Imam Ja'far as-Sadiq (a.s.) as quoted by Amash. We have already mentioned in the chapter on "lying" that falsehood is a Greater sin. False testimony obivously is also a branch of falsehood.
In the tradition narrated by Hazrat Abdul Azeem, Imam (a.s.) has proved the 'greatness' of not giving false testimony on the basis of the following verse of the Holy Quran:
"And they who do not bear witness to what is false...."
(Surah Furqan 25:72)
"...These shall be regarded with high places..."
(Surah Furqan 25:75)
In this verse the word 'false' signifies the action of proving a falsehood as though it were the truth.
Another verse says,
"...therefore avoid the uncleanness of the idols and avoid false words."
(Surah Hajj 22:30)
The Holy Prophet (s.a.w.s.) says,
"To testify falsely tantamounts to polytheism."
It is mentioned in Tafseer Abdul Fath Razi that the Holy Prophet (s.a.w.s.) repeated this statement thrice and then quoted the above ayat (Surah Hajj 22:30)
A similar kind of tradition is recorded in Mustadrakul Wasael, from Imam Muhammad al-Baqir (a.s.).
"In the Quran Allah has compared false testimony to polytheism."
Allah mentions the avoidance of 'uncleanness of the idols' and 'false words' in a single verse, one after the other.
'False words' imply sin and false testimony
From the traditions quoted above it becomes clear that whenever the term 'false words' etc. occurs in Quran it implies 'lying.' Similar verses have been quoted in the chapter of music and songs. Hence some traditions state that 'false words' refers to music or songs. Actually the word 'false' stands for every evil, wrong and undesirable thing. Music, songs and lies head the list of these things.
Punishment of hell for the false witness
Hazrat Imam Muhammad al-Baqir (a.s.) says,
"Whenever a person testifies falsely to usurp the property of a Muslim, Allah writes at that very moment a punishment of the blazing fire for this man."
(Al Kafi)
Imam Ja'far as-Sadiq (a.s.) says,
"The false witness may not even have moved from his place but that the punishment of fire will have already become incumbent for him."
(Al Kafi)
The Holy Prophet (s.a.w.s.) says:
"False testimony before an oppressive ruler is not yet complete when a place in the fire (Hell) is already decided (for the false witness)."
(Al Kafi)
The Messenger of Allah (s.a.w.s.) has also said,
"One who testifies falsely against someone will be hung by his tongue with the hypocrites in the lowest portion of Hell.
And if one usurps the property of his believing brother, Allah does not give an increase in his sustenance till he repents for it."
(Wasaelush Shia)
Hazrat Imam Muhammad al-Baqir (a.s.) narrates from the Holy Prophet (s.a.w.s.) that he said,
"One who hides testimony before a just Islamic judge, or gives a false testimony to shed the blood of Muslims or intends to usurp a Muslim's property by it, he shall be raised on the Day of the Judgment in such a condition that there will be darkness before his eyes and his face will be scratched. The people shall recognise him by these signs (that he had testified falsely)."
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.) asked,
"Shall I inform you about the Greater of the Great sins?"
The companions said, "Why not, O! Prophet of Allah (s.a.w.s.)." The Prophet (s.a.w.s.) said,
"To make someone a partner of Allah, and disobedience to parents..." The Prophet (s.a.w.s.) was resting his back against the wall. Now he sat up straight and continued in a more serious tone, "And beware! (Every) Falsehood!"
The narrators say that the Holy Prophet (s.a.w.s.) has denounced falsehood so many times that we wished he had not done so.
(Mustadrakul Wasael)
Since we have already explained that 'falsehood' includes every type of lying it also includes false testimony. The Holy Prophet (s.a.w.s.) has also described 'falsehood' to be a Greater sin. False testimony is a manifold sin. Firstly because it is a lie which is a greater sin, secondly because it amounts to falsely accusing a Muslim which is also a greater sin and thirdly because it is instrumental in oppressing an innocent person which is still another greater sin. Also, through false testimony a person tries to acquire something which does not rightfully belong to him, thus making unlawful thing lawful, which is prohibited by Allah. Lastly usurping somebody else's property is also a greater sin. Thus we can say that many great sins constitute a single sin called, 'false testimony'.
One should testify only after knowing the facts
It does not make any difference whether one knowingly gives a false testimony or one testifies without being certain of the facts. Both of these are 'Greater sins'. It is wajib upon the witness not to testify till he is confident of the facts.
Hazrat Imam Ja'far as-Sadiq (a.s.) says:
"Do not testify till you are as certain as you are about the palm (of your hand)."
(Wasaelush Shia)
Someone inquired from the Holy Prophet (s.a.w.s.) as to when it was allowed to testify as a witness. The Prophet (s.a.w.s.) told him:
"Can you see the sun?"
"Yes," he said.
"Testify like it or do not." (Meaning you should testify only if you are absolutely certain, otherwise you must not do so).
(Wasaelush Shia)
Hazrat Imam Muhammad al-Baqir (a.s.) says,
"The witness should testify only for that about which he is certain. He must fear Allah. To testify without having certainty or to testify against something without being certain is also falsehood. Allah (a.j.) says,
Refrain from falsehood! And remain upright for (the sake of) Allah and do not be among the polytheists.
So, Allah has equated false testimony to polytheism."
(Mustadrakul Wasael)
One who testifies falsely is soon exposed
If a person testifies in an Islamic court and later regrets for his testimony, then it is first determined whether he had knowingly and intentionally testified wrongly. If it was so, then that person is branded as a transgressor whose testimony is no more valid in the Shariat Court. But if he had been a victim of doubt and uncertainty he is not disqualified from testifying in the future. However, if due to the wrong testimony someone had to undergo undeserved punishment or suffer harm, it is wajib for this witness to make up the loss. The details of such laws could be obtained from the books of Jurisprudence.
One of the methods of disproving a testimony is that the witness himself confess it to be false. Another procedure for this is that two just witnesses may testify against him. This is known as 'Bayyana'. Finally, the judges may on the basis of some firm evidence falsify the testimony of a witness who had tried to mislead the court. Hence the judge is empowered to reject a witness if he is himself certain. If someone has suffered a loss the judge shall impose on the witness some exemplary punishment of a few lashes so that he may not repeat such a crime in future.
The judge should also announce in the city and the surrounding areas that such and such person is a false witness so that people may not be misled by him and may not rely upon his evidence. In this way, one who testifies falsely becomes notorious for his falsehood in the society, and the wellbeing of society is maintained. Both these actions i.e. exemplary punishments and warning the people against a false witness, are put into effect whether the judge has already passed his judgment (based upon that false testimony) or not.
They do not qualify as a witness
Imam Ja'far as-Sadiq (a.s.) is reported to have said,
"The false witness must be lashed, and the number of lashes is determined by the Imam (or the Islamic judge) and he should be paraded (in the city) till people know him (and may not rely on him in the future)."
The Imam (a.s.) recited the following verse of the Quran:
"...and do not admit any evidence from them ever; and these it is that are the transgressors, except those who repent after this and act aright, for surely Allah is Forgiving, Merciful."
(Surah Nur 24:4-5)
(It means that after he repents and reforms, his evidence again becomes valid)
The narrator says that he asked Imam (a.s.), "How do we know that he has repented?"
Imam (a.s.) replied,
"At the site where he is lashed, he must confess in public that he had given a false testimony. And he must seek the forgiveness of Allah. In this way it could be known that he has repented."
(Wasaelush Shia)
Compensation for the loss
If, due to a false testimony a Muslim has had to suffer some monetary loss or loss to one's life or property, the witness has to make good the loss. A narrator by the name of Jamil inquired from Imam Ja'far as-Sadiq (a.s.) regarding the one who has testified falsely. Imam (a.s.) told him:
"If the disputed property is still intact it must be restored to the rightful owner. If it is not then the false witness is responsible to the extent of it's loss." (Masaalik)
This means that if it is not possible to return the property, the false witness will have to reimburse it by providing a thing similar to that property or pay a price for it. Detailed laws are discussed in the books of Islamic Jurisprudence.
Repentance for the sin
The method of repenting for the sin of giving false testimony has already been explained. The first important requirement is that the sinner must feel a deep remorse for the act committed by him. He must also seek the forgiveness of Allah for disobeying His command; and compensate the Musilm who suffered the loss. As Allah Himself says,
"…except those who repent after this and act aright, for surely Allah is Forgiving, Merciful."
(Surah Nur 24:4-5)
To refrain from testifying in an Islamic Court is clearly classified among the 'Greater sins' according to the authentic tradition narrated by Hazrat Abdul Azeem. There are some situations when it is Wajib to prove right what is right and to prove wrong that is wrong. In the narration mentioned in the previous discussion, Imam Muhammad al-Baqir (a.s.) states that to conceal evidence is a 'Greater sin'. He presents the following verse as the proof:
"...and do not conceal testimony, and whoever conceals it, his heart is surely sinful; and Allah knows what you do."
(Surah Baqarah 2:283)
This verse mentions the sinful heart (his heart is surely sinful). There are two noteworthy points in this. One: That the concealing of testimony is a sin of the heart. The heart alone commits it, and other organs are not apparently involved in it. The person hides the reality in his heart and does not speak out. Secondly, just as the heart is superior to all the organs of the body the sin associated with the heart is also greater than the sin performed with other organs. It is just like the obedience of Allah through ones heart is much superior than obeying Him in actions. It is this same heart that involves one in a great sin like polytheism. These sins of the heart are definitely more than sins associated with other organs. One of the sins of heart according to the ayat of Quran is concealing evidence. In order to emphasise, Allah says in the later portion of this ayat, "...Allah knows what you do", so that the sinner may realise that even though people may not be aware of Allah is awareof his sin and He will certainly punish him for it.
Allah the Almighty also says,
"...and the witnesses should not refuse when they are summoned."
(Surah Baqarah 2:282)
Similarly in another verse, Allah says,
"And who is more unjust than he who conceals a testimony that he has from Allah?"
(Surah Baqarah 2:140)
Such a person is like the Jews and the Christians, who had seen the characteristics of the Holy Prophet (s.a.w.s.) in the Torah and Injeel but deliberately concealed them.
Testify for the truth even if it harms you
In Surah Nisa, the Almighty Allah says,
"O you who believe! Be maintainers of justice, bearers of witness for Allah's sake, though it may be against your own selves or (your) parents or near relations; if he be rich or poor, Allah is nearer to them both in compassion; therefore do not follow (your) low desires, lest you deviate; and if you swerve or turn aside, then surely Allah is aware of what you do."
(Surah Nisa 4:135)
Thus one must not conceal testimony due to the fear of the rich or mercy for the poor. One must not feel undue compassion for the accused who is poor. One should neither pay heed to ones own interest nor care for any other person while giving testimony. The Divine command should always be respected in entirety.
Justice for the enemy
The following verse of Surah Maidah states:
"O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of a people invite you not to act equitably; act equitably, that is nearer to piety, and be careful of (your duty to) Allah; surely Allah is aware of what you do."
(Surah Maidah 5:8)
According to this ayat testimony should be given only to seek the pleasure of Allah. No feeling of enmity should be allowed to come in the way of stating the truth. Allah (a.j.) says in another verse:
"...and give upright testimony for Allah."
(Surah Talaq 65:2)
Those who conceal evidence
Imam Muhammad al-Baqir (a.s.) remarks,
"On the Day of Qiyamat, Allah shall cut off the flesh of one who conceals evidence; then order him to eat it before all the creatures."
(Wasaelush Shia)
Imam Muhammad al-Baqir (a.s.) also says that those who conceal evidence are described in the Quran as those whose hearts have sinned. 'Hearts have sinned' actually implied that 'hearts have disbelieved'," according to Imam (a.s.)
Another tradition recorded from Imam (a.s.) is thus:
"One who goes back upon his testimony or conceals it wholly, Allah shall cut off his flesh and force him to eat it before everyone. And when he will enter Hell he would be chewing at his own tongue."
(Wasaelush Shia)
Hazrat Imam Musa al-Kazim (a.s.) says,
"When you are asked to give evidence, give it. For Allah (a.j.) says:
"Surely Allah commands you to make over trusts to their owners..."
(Surah Nisa 4:58)
Evidence is itself a trust. Allah (a.j.) also says,
"And who is more unjust than he who conceals a testimony that he has from Allah?"
(Surah Baqarah 2:140) (Wasaelush Shia)
The following tradition of Amirul Momineen Ali (a.s.) is recorded in Tafseer Ali Ibn Ibrahim Qummi:
"One who possesses some evidence, has to make it known. And when he is asked for it, he must give it. He should not fear anyone's criticism. He must fulfill his obligation of Amr bil Maroof (enjoining good) and Nahi Anil Munkar (forbidding evil)."
Is it wajib to testify?
Is it wajib to become a witness if one is requested to do so by a believer brother, in order he may achieve some benefit from the case he is pursuing in an Islamic Court? According to most of the Mujtahids it is wajib. Allah the Almighty Himself says:
".,.and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned."
(Surah Baqarah 2:282)
Hisham says that Imam Ja'far as-Sadiq (a.s.) said,
"And the witnesses should not refuse when they are summoned."
(Surah Baqarah 2:282)
And in the succeeding ayat,
"...and do not conceal testimony", meaning concealing testimony from a Shariat judge."
Numerous traditions state that to be a witness is wajib (obligatory). For example, Muhammad Bin Fuzail asked Imam Musa al-Kazim (a.s.) the meaning of the above ayat (Surah Baqarah 2:282)
"And the witnesses should not refuse when they are summoned."
Imam (a.s.) replied,
"When someone calls you to give evidence in a matter of some debts or some right, then you do not have the choice to ignore it."
(Wasaelush Shia)
Of course the Quranic command in the verse 282 of Surah Baqarah asking the witness to testify before the Shariat judge implies that the person had in the first instance been a witness to the transaction etc.
The person who has witnessed the transaction etc. has to exercise extreme care and caution in this regard. He must memorise all the details or put them in writing, if necessary, so that there is no scope for doubt or misunderstanding in future. If this person is called upon to be a witness, it is wajib on him to comply, even if he has to roam some distance.
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.)
