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.
The Twenty-First Greater Sin
NON-FULFILLMENT OF A PROMISE
The twenty-first of the Greater sins is 'Breaking of a promise.' There are authentic traditions to this effect from Abdul Azeem where he quotes that Imam Ja'far as-Sadiq (a.s.) has proved it to be a Greater sin with the help of the following verse of Holy Quran:
"And those who break the covenant of Allah after its confirmation and cut asunder that which Allah has ordered to be joined and make mischief in the land; (as for) those, upon them shall be curse and they shall have the evil (issue) of the abode."
(Surah Ra'd 13:25)
The Holy Quran denounces the breaking of promise in the following ayat too:
"Yea, whoever fulfills his promise and guards (against evil) - then surely Allah loves those who guard (against evil).
(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 Ale-Imraan 3:76-77)
Similarly we find another verse of the same connotation:
"Surely the vilest of animals in Allah's sight are those who disbelieve, then they would not believe.
Those with whom you make an agreement, then they break their agreement every time and they do not guard (against punishment)."
(Surah Anfal 8:55-56)
This ayat is critical of the Jews of Bani Qurayza, who did not honour the pact, which they had formed with the Holy Prophet (s.a.w.s.) regarding cooperation with the infidels. They supplied arms to the disbelievers of Mecca for the Battle of Badr and thus invalidated the pact. Later they justified their action saying they had forgotten the pact.
They once more entered into a pact with the Holy Prophet (s.a.w.s.) only to violate it at the time of the Battle of Khandaq (trench). They went against the pact and sided with Abu Sufyan.
In various places in the Holy Quran we find that fulfilling a promise has been made obligatory and highly emphasised.
For example,
"and fulfill the promise, surely (every) promise shall be questioned about."
(Surah Bani Israel 17:34)
Also,
"O you who believe! Fulfill the obligations."
(Surah Maidah 5:1)
Similarly in Surah Baqarah the ayat says,
"...and the performers of their promise when they make a promise..."
(Surah Baqarah 2:177)
We also find the following verse:
"O you who believe! Why do you say that which you do not do?
It is most hateful to Allah that you should say that which you do not do."
(Surah Saff 61:2-3)
Imam Ja'far as-Sadiq (a.s.) has explained this ayat in the following manner:
"A believer's promise to his believing brother is a vow that has no expiation (It cannot be broken). But one who goes back on his word declares his opposition and enmity to Allah, and invokes the anger of Allah."
(Wasaelush Shia)
After this the Imam (a.s.) recited the above-mentioned ayat.
Amirul Momineen Ali (a.s.) advises Malik al-Ashtar regarding the honouring of promises:
"Breaking a promise causes the anger of Allah."
(Nahjul Balagha)
Ali (a.s.) also quotes the same verse after this.
Hazrat Imam Muhammad al-Baqir (a.s.) said:
"There are four types of sinners who are punished very soon:
a) The person who violates the pact that he has made with you, even though you have respected it.
b) One who inflicts harm upon you even though you caused him no harm.
c) One who has promised you something and you are faithful upon your agreement but he is unfaithful.
d) One who wants to severe relations even though the relative wishes to continue the relationship."
(Khisaal)
Abu Malik inquired from Imam Zainul Abedin (a.s.), "Inform me about all the rules of religion." Imam (a.s.) told him,
"To speak the truth, to judge with justice and to fulfill the promise."
(Khisaal)
Although a vast number of traditions and ayats denounce the breaking of promises. We shall quote some selected ones.
Types of Promises
There are three types of promises:
1. Promise of Allah to His creatures.
2. Promise of the creatures to Allah.
3. Promises of the people among themselves.
The promise of Allah to His creatures is that of the Aalam-e-Zar (in the spiritual plane). We come to know of this promise through the Quranic ayats as well as the traditions. According to this, Allah first created the souls of all human beings and made the following covenant: That they remain upon the right path, do not associate anyone or anything with Allah, obey the commands of their Prophet, and do not follow Shaitan, Allah shall recompense them by helping them, by keeping them forever in His mercy, and give them a place in Paradise but if they do not respect their covenant, Allah will also disregard His side of the promise. It is for this very fact, that Allah says.
"...and be faithful to (your) covenant with Me, I will fulfill (My) covenant with you."
(Surah Baqarah 2:40)
Allah also says,
"Did I not charge you, O children of Adam, that you should not serve the Shaitan?"
(Surah Yaseen 36:60)
The covenant that Allah took from the people in the spiritual plane also includes the oath with regard to the Wilayat (Mastership) of Amirul Momineen Ali (a.s.) and the Imams (a.s.). Numerous traditions mention this fact. It is even recorded in the various heavenly scriptures, and all the Prophets have conveyed the message of the Wilayat of the Fourteen Masoomeen (a.s.).
However, some scholars have rejected this concept of the Aalam-e-Arwah or Aalam-e-Zar. They give a different explanation to the traditions and ayats that deal with this subject. According to them Aalam-e-Arwah (the spiritual plane) is essentially the innate human nature, which is so designed by Allah (a.j.) that it is desirous of obeying Allah's command and does not desire to follow Shaitan. Of course the reasoning capacity of man directs him to follow his nature and accordingly obey Allahs orders. Hence if a man goes against Allah's command he goes against his own nature. These thinkers consider the covenant, to be the same as the innate nature given to us by Allah (a.j.). This book is not concerned with the detail of these two theories.
Anyway whether a man breaks the promise given in Aalam-e-Zar, or goes against his innate nature, he commits a greater sin. This fact has been emphasised in most ayats and traditions, and it is confirmed that honoring the covenant is wajib and not respecting it is haraam. It is also confirmed that the breaking of this first covenant can bring severe chastisement. The people are also warned of dire consequences in case of default. The traditions also inform us that serious retribution incured just for violating the first covenant, which is the greatest of the sins. Hence it is incumbent upon the people to fulfill their covenant so that Allah may also fulfill His promise.
Allah has promised to answer every prayer
One of the promises of Allah to His creatures is that He will answer every prayer, but this is only on condition that the supplicant honors this covenant with Allah (a.j.).
Jamil narrates from Imam Ja'far as-Sadiq (a.s.) who said,
"When a man prays to Allah with a pure intention and a sincere heart, Allah answers (his prayer) after man has fulfilled his promise to Allah (a.j.). But if man prays to Allah without a pure intention and sincerity, Allah does not answer it. Has not Allah said, '...and be faithful to (your) covenant with Me, I will fulfill (My) covenant with you,' so the promise is kept only with one who keeps his own word.'
(Safinatul Behaar)
Verbal expression of a promise
The second type of promise is one that the man himself gives to Allah, like a vow or an oath. For an oath to be binding, it is necessary that it be expressed verbally. For example, if someone wants to vow to Allah and state it in Arabic language he should say 'Aahadto Allah' (I have vowed to Allah) or 'Alayya Ahadollah' (The vow for Allah is upon me). The statement of promise, oath or the vow can be in any language but expressed verbally. A vow for example may consist of saying, "if I return safe and sound from the journey, I shall give such and such amount as charity in the way of Allah."
If an oath is intended mentally and not expressed verbally, it is not binding.
Vow or oath for a useless thing
It must be remembered that a vow, oath or a promise should not be taken for a useless object. That is, the object must not be undesirable from the Islamic point of view. An oath taken to carry out some makrooh or haraam action, a vow to abstain from a wajib or a mustahab act is invalid. An oath taken for an action which is wajib and its avoidence haraam in a prevailing set of conditions, automatically becomes invalid if the conditions change. For example, a man vows to give a thousand rupees in charity if he gets well, but after he is well be becomes so poor that it is hardly possible for him to maintain his family. In these circumstances the vow is considered invalid and it is not wajib on him to fulfill it.
Vow should be for a useful aim
In conclusion it can be said that an oath should be taken if it is acceptable from the Shariat point of view. In any case an oath should be taken when common sense dictates that the oath serves some useful purpose, either by carrying out an action or by abstaining from it. For example to walk and exercise etc. which are beneficient and Mubah (permitted) actions, and to abstain from smoking which is harmful to health although Mubah.
Conditional and absolute covenant
Just as in the case of oath and vow, a covenant is also either conditional or absolute. An example of an absolute covenant is when a man says, "I make covenant with Allah that I shall perform such and such good action." Then this shall become binding upon him. If he does not do so he would have committed a Greater sin. In addition he also has to pay the penalty. The conditional covenant is the one when the person attaches some conditions. For example, he may say, "If Allah gives me a son, I will perform such and such good deed." Then that good deed becomes wajib upon him only when he gets a son. Once the condition is fulfilled it will also be haraam for him to leave the deed undone and he will have to pay the additional penalty also.
Three types of covenant with Allah
Actually a vow and an oath is also a covenant with Almighty Allah. Therefore a covenant is of three types. One is the covenant itself and of the other two one is a vow and the other an oath. It is only due to Divine Mercy that man is given a choice of three kinds of covenants in case he wishes to avoid the risk of being liable for keeping sixty fasts etc. Hence, he can make a vow or take an Islamic oath.
Expiation of a vow or a covenant
Breaking of a covenant, whether absolute or conditional, is haraam. The expiation becomes wajib in case of default. It is the same penalty as that of breaking or omitting, without any reason, a fast of the month of Ramazan, i.e. feeding sixty poor people, keeping sixty fasts or freeing a slave.
If a vow is broken its kaffarah (expiation) is same as that of breaking an oath. That is, feeding, or clothing ten poor people or freeing a slave; but if he cannot do any of these then it is wajib for him to keep three fasts.
Breaking of promise and hypocrisy
Breaking of a promise is a very serious sin. It is a sin that sows the seed of hypocrisy in the heart of the person who commits it. The person dies in a state of disbelief and is raised with the hypocrites on the Day of Judgment. The Holy Quran says:
"And there are those of them who made a covenant with Allah: If He gives us out of His grace we will certainly give alms and we will certainly be of the good. But when He gave them out of His grace, they become niggardly of it and they turned back and they withdrew. So He made hypocrisy to follow as a consequence into their hearts till the day when they shall meet Him because they failed to perform towards Allah what they had promised Him and because they told lies."
(Surah Tauba 9:75-77)
The Shaan-e-Nuzool (circumstances of Revelation) of this ayat, according to Tafseer Minhaj us-sadeqeen is as follows: "Thulbe Ibne Khatib was a very staunch and a prominent Christian. One day he came to the Holy Prophet (s.a.w.s.). He began to complain of his poverty, and requested the Holy Prophet (s.a.w.s.) to pray for him. The Holy prophet (s.a.w.s.) advised him, "Do not emphasise upon this prayer of yours but be patient in your circumstances. Too much of wealth is dangerous for you. If you are grateful for this favour it is better than too much of wealth that makes you unthankful. By Allah if I pray that mountains become gold and silver and move with me, Allah shall cause it to be so but I know that an honourable hereafter is better, and those who are well provided in this world have a difficult hereafter. So, follow the Prophet of Allah (a.j.) and accept his advice."
But Thulbe the Christian did not follow the advice of the Holy Prophet (s.a.w.s.) and again he came back to him with his entreaty and said: "O Prophet of Allah! I make a covenant to Allah that if He gives me abundant wealth I shall spend it upon the deserving ones and do good through it."
When he persisted in his request, the Holy Prophet (s.a.w.s.) prayed for the removal of his property.
Allah gave abundant increase in his livestock; and he became a Muslim. His animals multiplied and he became so busy in supervising them that he stopped praying behind the Holy Prophet (s.a.w.s.) in the congregational prayers. He prayed only the morning and the evening prayers. Then his herd became so bulky that the surrounding area of Madinah was not sufficient any more. He took his animals to the outskirts of the town and settled there. Now he was deprived of praying the daily prayers behind the Holy Prophet (s.a.w.s.). Still he continued to come to Madinah for the Friday prayers. Then his business expanded beyond the valleys surrounding Madinah. Finally he could not even attend the Friday prayers.
One day the Holy Prophet (s.a.w.s.) asked his companions, "Why is Thulbe not attending the congregation?" The people replied, "He has so many goats and sheep that a single valley is unable to accommodate them. Now he has moved to such and such valley and settled there. The Holy Prophet (s.a.w.s.) upon hearing this said,
"Woe be upon Thulbe, Woe be upon Thulbe, Woe be upon Thulbe!"
Later when it was wajib to pay zakat due to the revelation of the verse of Zakat, the Holy Prophet (s.a.w.s.) summoned one of his followers and gave him this verse in writing and sent with him a tribesman of Bani Salim. The Prophet ordered, "After you have collected Zakat from Thulbe go to such and such good man and collect it from him too." Both of them went to Thulbe. They showed him the Quranic verse and also gave him the letter of the Holy Prophet (s.a.w.s.) containing the rules of Zakat. Thulbe had become so much attached to his wealth that he said, "Muhammad is collecting Jiziya from us! Go somewhere else! Meanwhile I shall think upon it."
The two men went to this righteous person (of the tribe of Bani Salim). When he saw the ayat and the letter of the Holy Prophet (s.a.w.s.), he said, "I hear and I obey the command of Allah and the Prophet (s.a.w.s.)."
He went among his camels and selected the best ones for Zakat and said, "Please take these for the Messenger of Allah (s.a.w.s.)." The agents told him that it was not wajib to give the best of the camels. He said, "How can I not offer the best for Allah and His Prophet (s.a.w.s.)?"
Then these two men came back to Thulbe. The wretched fellow repeated his previous objection and refused to pay Zakat.
When the Holy Prophet (s.a.w.s.) heard of this incident he said just once, "Woe be upon Thulbe!" Then the Holy Prophet (s.a.w.s.) prayed for the well being of the one who had paid the Zakat willingly.
The companions used to wonder why Thulbe had not accepted the advice of the Holy Prophet (s.a.w.s.) and saved himself from apostasy! (Zakat is one of the Dhururiyaat-e-Deen and one who says that Zakat is not wajib has apositisised and is no more a Muslim!) The ayats quoted before this discussion were revealed for Thulbe.
Mutual covenants and agreements
The third type of promise is when people form actual covenants and agreements. The ayats and the traditions state that it is wajib to fulfill this type of promise and it is haraam to go against them.
For example in Surah Bani Israel:
"...and fulfill the promise; Surely (every) promise shall be questioned about."
(Surah Bani Israel 17:34)
Similarly the Quran describes truthful and the pious people thus,
"...and those who fulfill their promise when they make a promise.."
(Surah Baqarah 2:177)
Also when describing those who shall be saved from Hell and earn Paradise, Allah says,
"And those who are keepers of their trusts and their covenant."
(Surah Momin 23:8)
Imam Ja'far as-Sadiq (a.s.) says,
"To keep your word to your believing brother is wajib like a vow, even though there is no expiation for going against it."
The Holy Prophet (s.a.w.s.) said:
"One who has belief in Allah and in last day (Qiyamat) must keep his word when he promises."
(Usool-e-Kafi)
Thus keeping a promise is a fulfillment for the belief in Allah and the Day of Qiyamat. Similarly, the beginning verses of Surah Saff have also denounced the breaking of promise and clearly prove that non-fulfillment of a promise (of every type) is haraam.
Hypocrites do not keep their words
The Holy Prophet (s.a.w.s.) is reported to have said:
"Three traits make man a hypocrite even if he prays and fasts:
Betrayal of trust, lying and non-fulfillment of promise."
(Usool-e-Kafi)
Imam Ja'far as-Sadiq (a.s.) says,
"Those who are just in their dealing, those who do not lie and those who fulfill their promises are from those who have perfect morals. And it is haraam to criticise them behind their back. Their being just (Aadil) is obvious. To maintain brotherly relations with them is wajib."
(Usool-e-Kafi)
It follows from this tradition, that a person who is unjust, a liar and one who does not keep his word, does not possess morals. He is not a just person (Aadil) but a transgressor (Fasiq) and it is not wajib to fulfill the rights of brotherhood towards him.
No concession
Imam Ja'far as-Sadiq (a.s.) has also remarked:
"There are three obligations in fulfillment of which Allah does not give concession to any: To behave well with the parents, whether they are righteous or sinners; to fulfill ones promise; whether to a righteous person or a sinner; and to deliver a trust (to its owner) whether he is righteous or a sinner."
(Shaykh Sadooq: Khisaal)
Amirul Momineen Ali (a.s.) says:
"One must also fulfill that promise that he has made to his wife. For a Muslim is always wary of his promise except when it is for making a prohibited thing legal or prohibiting that which is permitted."
(Tahzeeb)
Treaties with the polytheists
It is an established fact that there are numerous Quranic verses and traditions which prohibit the breaking of a promise, and makes obligatory the fulfillment of promise. The following verses are sufficient to prove this point:
"Surely the vilest of animals in Allah's sight are those who disbelieve, then they would not believe. Those with whom you make an agreement, then they break their agreement every time and they do not guard (against punishment)."
(Surah Anfal 8:55-56)
Thus those who do not fulfill their promises are the worst of creatures! They are worse than animals. It is also important to know that Allah has ordered us to honour and fulfill even the treaties and promises made with the disbelievers and polytheists. These promises cannot be disregarded.
The Holy Prophet (s.a.w.s.) respected the treaty with the Polytheists of Mecca
When the power and glory of Islam was at its zenith a verse of Surah Baraat was revealed; ordering Jehad (holy war) against the polytheists. The Almighty Allah commanded the Prophet to purify the Holy Mecca from the filth of polytheism and idol worship but it was also ordered not to break the treaty with the polytheists if they did not break it. The ayat is as follows:
"Except those of the idolaters with whom you made an agreement, they have not failed you in anything and have not backed up anyone against you, so fulfill their agreement to the end of their term; surely Allah loves those who are careful (of their duty)."
(Surah Tauba 9:4)
Abu Rafe says: "The Quraish sent me to the Holy Prophet (s.a.w.s.). When I met him, my heart became illuminated with his countenance. I said to him, "O Prophet of Allah! I do not wish to go back to the Quraish." He said, I would not act against the terms of treaty, and retain their messenger. Abu Rafe, go back to your people now and after this if you wish, you may accept Islam and join us."
Honoring the terms of the treaty with the Quraish
Huzaifa Yamani says that there was one thing that discouraged me from participating in the Battle of Badr. Abu Husael and I were going out when we came face to face with some men from the Quraish. They asked, "Do you love Muhammad?"
"We love Madinah," we replied.
They made us promise that after reaching Madinah we shall not accompany the Holy Prophet (s.a.w.s.) in the battle. When we met the Holy Prophet (s.a.w.s.) and told him of this promise he said,
"Do not think of joining in the battle due to this oath of yours. We shall seek the Divine assistance!"
The above two traditions are recorded in the book, "Islam and World Peace" by Syed Qutb, Pg.264.
The Kafir father took away his son
During the treaty of Hudiabiya, Sohail Ibne Umer was representing the disbelievers in negotiating with the Holy Prophet (s.a.w.s.). When it was time for drawing up the treaty and the signatures were yet to be affixed, Jundal the son of Sohail left the pack of disbelievers and went to the Muslims. Seeing that he was attracted to the Muslims, the Quraish chained his legs but he escaped with the chains intact. He went away with the Muslims and began to behave like one. When his father saw this, he came to his son and gave him a resounding slap. Then he told the Holy Prophet (s.a.w.s.), "O Muhammad! This (treaty) is the first step of reconciliation between you and us and as per its terms you have to surrender my son to me."
The Holy Prophet (s.a.w.s.) agreed to it and surrendered Jundal to his Kafir father, but upon the condition that he would be protected and not harmed. Sohail Ibne Umar agreed to this condition. When it was time to hand over Jundal to the disbelievers, Jundal protested, "O Muslims! I have become a Muslim! How will I return amongst the polytheists?"
The Holy Prophet (s.a.w.s.) told him,
"Go! But have patience. Allah will provide ease to you in this way only. We cannot go against the terms of the treaty."
Sohail caught his son's hand and led him away. He did not remain true to his promise and tortured his son very much.
This incident proves the importance of the fulfillment of a promise. The same incident is mentioned in the exegesis of Surah Fath in Tafseer Minhajus Sadeqeen.
I will stay here all my life
The following narration is recorded in Behaarul Anwaar:
The Holy Prophet (s.a.w.s.) promised a man that he would wait for him at an appointed place near a stone. The Holy Prophet (s.a.w.s.) waited there but the man did not turn up. Morning turned into afternoon while the Holy Prophet (s.a.w.s.) stood in the blazing sun. Some of his followers saw him and said, "Please stand in some other place."
He (s.a.w.s.) replied,
"I cannot move away from here till that man returns."
The man arrived at last. The Holy Prophet (s.a.w.s.) said,
"If that man had not come, I would have continued to stand till death!"
Janab-e-Ismail and the fulfillment of the vow
The Holy Quran refers to Prophet Ismail as the "Truthful in Promise," in the following verse:
"And mention Ismail in the Book, surely he was truthful in (his) promise, and he was an apostle, a prophet."
(Surah Marium 19:54)
Hazrat Ismail (a.s.) had promised to wait for a person, who did not turn up. Three nights passed but he still kept waiting. However, according to most of the scholars and well-known tradition the period of his wait was a whole year. During this time he also had to bear untold difficulties and sometimes survived on leaves.
Violation of a promise is caused by disbelief
Amirul Momineen Ali (a.s.) has mentioned that it is disbelief that causes one to go back on his word and break a vow. He says:
"By Allah, Muawiya is not more cunning than I am but he deceives and commits evil deeds. Had I not been hateful of deceit I would have been the most cunning of all men. But (the fact is that) every deceit is a sin and every sin is disobedience (of Allah), and every crafty person will have a banner by which he will be recognised on the Day of Judgment."
(Nahjul Balagha Sermon 200)
Allamah Majlisi says that the one who commits greater sins is also referred to as a disbeliever in traditions. Hence every type of a crafty person has been called a Kafir in this sermon. It is that disbelief which has its root in the heart and which takes the form of disobedience to Allah's commands.
A Muslim is never deceitful
Amirul Momineen Ali (a.s.) has said:
"Surely fulfillment of pledge is the twin of truth. I do not know a better shield (against the assaults of sin) than it. One who realises the reality of return (to the next world) never betrays. We are in a period when most of the people regard betrayal as wisdom. In these days the ignorant call it excellence of cunning. What is the matter with them? Allah may destroy them. One who has been through thick and thin of life finds the excuses preventing him from orders and prohibitions of Allah, but he ignores them despite capability (to succumb to them and follows the command of Allah), while one who has no restraints of religion seizes the opportunity (and accepts the excuses for not following the commands of Allah)."
(Nahjul Balagha Sermon 42)
Violation of promise and falsehood
Some of the Mujtahids consider violation of a promise to be a kind of falsehood. Especially when at the time of promising, one has no intention of fulfilling it. Thus all the verses and tradition denouncing and prohibiting falsehood also apply here.
If there are some conditions
According to the Fatawa (religious decrees) of the leading Mujtahids, it is wajib to honour the terms and conditions of a transaction and it is obligatory to fulfill them. For example the buyer can put a condition that if the goods are defective he can return them within two months. Or the seller may put a condition that the buyer must not spoil the goods if he wishes to return them. In such situations it is wajib to honour the terms of agreement. Similarly if the landlord has restricted the use of his premises to any one except the tenant, the tenant has to observe the terms faithfully. Both the parties to a transaction have a right to lay down their terms and conditions.
Other Mujtahids state that not only is it wajib to honour the terms and conditions of a transaction but the one who has put them may enforce his rights and insist on the condition being fulfilled. For example if an employee has laid a condition that he shall be paid his salary on the first day of every month, then not only is it necessary to pay him as agreed but theemployee has a right to demand it on that day, and he can even take it without the knowledge of his employer.
At times it may happen that the conditions agreed upon are quite irrelevant to the actual transaction and not directly related to it. Even in these cases it is necessary to fulfill the obligations.
In cases where the terms and conditions are such that the parties consider it better to observe them, these conditions do not contribute a right and it is not wajib to follow them to the letter.
Fulfillment of promise is a must
In all respects, fulfillment of a promise is so much emphasised in the Quranic Verses and the traditions, that one should be extremely cautious in honouring every type of agreement and pledge. If a person has to give a promise under compulsion and he does not wish to become a sinner, he can use words like, 'May be', 'If', or 'Insha-Allah' etc. For example he can say, "Insha-Allah (If Allah wills) I will do this."
To vow or pledge after saying Insha-Allah
It is the opinion of Allamah Hilli, and other Mujtahids agree, that every vow or pledge after uttering Insha-Allah (or its translation in any other language) makes the pledge conditional to the Divine will. Hence it is not strictly wajib to fulfill it. But if it is with regard to some promise or condition (of an agreement), that concerns a wajib act or it is for the avoidance of a haraam act, it has to be observed faithfully, even after uttering Insha-Allah.
It must however be understood that the promise which is made conditional by saying 'Insha-Allah' is not binding, only when the person intends the actual meaning of the term Insha-Allah. That is, he must really mean to subject the matter to Allah's will. If he utters Insha-Allah only for the sake of seeking divine blessings then it is binding upon him to remain firm upon his vows.
It should also be clear that it is not only permitted, to disregard a promise of abstaining from a wajib act or to perform a haraam act but it is infact haraam to fulfill it. For example if one vows to punish his wife or son if they did such and such thing, it is better to disregard such vows and forgive them instead.
The Quran says:
"And let not those of you who possess grace and abundance swear against giving to the near of kin and the poor and those who have fled in Allah's way, and they should pardon and turn away. Do you not love that Allah should forgive you?'
(Surah Nur 24:22)
It means that Allah forgives the sins of those who forgive the wrongdoings of others.
Prophet Ayyub (a.s.) and his oath of beating his wife a hundred strokes
In a situation where, one has taken an oath in utmost seriousness to inflict punishment, and one does not wish to go against it, it is better to carry out the oath in a manner that a token punishment is given and the oath is also not violated. For example, Prophet Ayyub (a.s.) saw his wife doing something against his will. He took a vow to hit her a hundred strokes after he recovered from the illness. When he recovered, Allah ordered him,
"And take in your hand a green branch (with a hundred twigs) and beat her (your wife) with it (once) and do not break your oath."
(Surah Saad 38:44
The twenty-second greater sin, is defalcation or misappropriation of property. Misappropriation of property as a greater sin is stated in the Quran and the authentic tradition related by Abdul Azeem from Imam Muhammad Taqi (a.s.) and also from the traditions of Imam Sadiq (a.s.), Imam Kazim (a.s.) and Imam Reza (a.s.).
Khayanat is itself an Arabic word. In the tradition of Imam Ja'far as-Sadiq (a.s.) as related by Amash the word 'Khayanat' is used in the list of the greater sins. Another Arabic word used for misappropriation is 'ghulul.' 'Ghulul' is used in the narration of Fazl Ibne Shazaan where he quotes Imam Reza (a.s.). According to some lexicographers 'ghul' denotes misappropriation of a property obtained as spoils of war against the disbelievers which is not yet been distributed among the Muslims. However other scholars maintain that 'ghulul' applies to every kind of embezzlement.
The punishment of misappropriation according to the Holy Quran
The Almighty Allah says "...and he who eats unfaithfully shall bring that in respect of which he has acted unfaithfully on the Day of Resurrection; then every soul be paid fully what it has earned, and they shall not be dealt with unjustly. Is then he who follows the pleasure of Allah like him who has made himself deserving of displeasure from Allah, and his abode is hell; and it is an evil destination."
(Surah Aale Imraan 3:161-162)
In Surah Tahrim we find the verse:
"Allah sets forth an example to those who disbelieve, the wife of Nuh and the wife of Lut: they were both under two of Our righteous servants, but they acted treacherously towards them so they availed them naught against Allah, and it was said: Enter both the fire with those who enter."
(Surah Tahrim 66:10)
Also Allah (a.j.) says:
"… Surely Allah does not love the treacherous."
(Surah Anfal 8:58)
and
"O you who believe! Be not unfaithful to Allah and the Apostle, nor be unfaithful to your trusts while you know."
(Surah Anfal 8:27)
Similarly the Quran says,
"…but if one of you trusts another, then he who is trusted should deliver his trusts, and let him be careful (of his duty to) Allah, his Lord..."
(Surah Baqarah 2:283)
At another place the Divine Book states,
"Surely Allah commands you to make over trusts to their owners..."
(Surah Nisa 4:58)
Breach of trust denounced in the traditions
The Holy Prophet (s.a.w.s.) says:
"One who embezzles a property in his charge and does not deliver it to its owner and dies in such a condition, then he does not die in my community (he does not die a Muslim). When such a person meets Allah, He shall be infuriated with him. And one who purchases an embezzled property knowing that it is embezzled is just like the (actual) embezzler."
(Wasaelush Shia)
Another tradition states,
"And it will be ordered to throw him in the fire; he will remain in the deep pit of Hell forever."
(Wasaelush Shia)
The Prophet (s.a.w.s.) is also reported to have remarked,
"If one is Muslim, he must not practice deceit and defalcation. For I have heard from Jibraeel that deceit and cheating belong to hell."
Then he (s.a.w.s.) continued,
"One who cheats a Muslim is not from us, and one who embezzles the believers is (also) not from us."
(Wasaelush Shia)
The following tradition is recorded in the book Al Kafi:
"There are three qualities that are the sign of a hypocrite even if he prays and fasts and calls himself a Muslim: lying, violating promises and defalcation."
This tradition had already been mentioned in the previous discussion.
Amirul Momineen Ali (a.s.) says;
"There are four things and even if one of them enters a house it causes economic catastrophe and it never remains blessed: defalcation, thievery, wine and adultery.
(Wasaelush Shia)
Thus if one or more members of a household indulge in one of these sins, such a household is deprived from divine blessings. It brings about an economic ruin. It must also be clarified, however, that the house of the thief is deprived of 'barakat' (divine blessings) and not the site where robbery occurs.
Misappropriation causes misfortune
The Holy Prophet (s.a.w.s.) remarks,
"Trustworthiness causes one to be self sufficient (financially) and misappropriation causes poverty."
(Wasaelush Shia)
The narrator says that I said to Imam Ja'far as-Sadiq (a.s.),
"There is a lady in Madinah, with whom people leave their daughters for training (and education). We have observed that she could maintain herself with so less, but we have never known her to have any financial problem."
Imam Sadiq (a.s.) remarked,
"It is because she is truthful and trustworthy. These two qualities increase sustenance."
(Wasaelush Shia)
Another tradition from the same Imam (a.s.) is as follows:
"Do not be deceived by the prolonged sajda and rukoo of a man, they may be a part of his habits (that he could not avoid). See his truth and trustworthiness."
Thus it is these qualities that prove righteousness and piety.
Anyone could be the owner of the entrusted property
We have numerous traditions dealing with this subject. They emphatically state that it is wajib to guard the trust and haraam to misappropriate it, whether the one who entrusts it, is a Muslim or a Kafir. It is even wajib to protect the goods entrusted by a Nasibi (those are openly inimical to Ahlul Bayt a.s.) in spite of the fact that the Nasibi are the worst kind of people.
Hazrat Imam Ja'far as-Sadiq (a.s.) says:
"Fear Allah! And return the entrusted thing to the owner. Even if the murderer of Ali (a.s.) entrusts me with something, I shall deliver it to him (when he desires)."
Imam (a.s.) also says,
"Then fear Allah! And guard the trusts (placed by) the white as well as the black (people). Even if the one who entrusts is from the Khwarij or a Syrian (those who hate Ali [a.s.])." That is, even if he is a confirmed enemy of the Ahlul Bayt (a.s.).
A man inquired from Imam Ja'far as-Sadiq (a.s.),
"Is it allowed to misappropriate the property of a Nasibi?"
Imam (a.s.) replied,
"Honour the trust of every person who entrusts you with it, or seeks your advice. Even if it is the killer of Imam Husain (a.s.)."
(Wasaelush Shia)
Another similar narration is as follows:
Husain Shabani says that he asked Imam Ja'far as-Sadiq (a.s.), "One of your followers considers the property and blood of Bani Umayya permissible for himself. He is also in possession of some property entrusted to him by the Bani Umayya?"
Imam (a.s.) replied,
"Restore the entrusted property to its owner even if they are Majoos (fireworshippers)."
Imam Ja'far as-Sadiq (a.s.) is also reported to have said,
"Allah has not sent any messenger but with (the order to propagate) truth and restoring of trust, whether of a righteous man or a sinner."
(Wasaelush Shia)
Muhammad Bin Qasim says that he mentioned to Abul Hasan, Imam Musa al-Kazim (a.s.) regarding the person who had entrusted someone with something valuable. "The trustee is an Arab and he is competent enough not to return the trust. Whereas the one who entrusts is a wretched Khariji (enemy of Ahlul Bayt)?"
Imam (a.s.) said,
"Tell him to return the trust; because it is a divine trust that he is entrusted with." (Meaning that it is a trust, which is to be restored according to divine command).
Hazrat Imam Zainul Abedin (a.s.) advises his Shias:
"You must return the trusts when required. By the One who has sent Muhammad (s.a.w.s.) as a messenger with trust, even if the killer of my father Husain (a.s.) had entrusted me with the sword with which he had slain him, I would have delivered it back to him."
The Satan instigates
The greater the importance of a duty in Islamic law, the greater is the effect put in by Shaitan to deviate a person from fulfilling it.
Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"If a person makes good the trust in his possession, he unties a thousand knots that had tied him to Hell. So, do not be sluggish in delivering trusts. When one becomes a trustee, Iblees orders a hundred of his assistants to follow him so that they may deviate him and suggest him to defalcate. They continue to pursue him till he is doomed. Except the one who is saved by Allah (a.j.)."
Ameen (Trustworthy) - A Title of the Holy Prophet (s.a.w.s.)
Every historian has recorded that even prior to the declaration of his prophethood, the disbelievers of Quraish addressed the Holy Prophet (s.a.w.s.) by the title of 'Ameen'. The disbelievers trusted him to the extent that even though they did not heed his call and did not profess Islam, they deposited their valuables with him. The trust in the Prophet's trustworthiness was not restricted to the Quraish tribe, but was shared by the people of other tribes and areas as well. When these people came toMecca during the Hajj season they used to put their belongings in the safe custody of the Holy Prophet (s.a.w.s.). This continued after the declaration of prophethood. When the Prophet (s.a.w.s.) migrated to Madinah he gave all the things that were in his custody to Hazrat Ali (a.s.) and said:
"Proclaim loudly, every morning and evening in Mecca that whoever had kept anything with Muhammad (s.a.w.s.) may collect it."
Types of misappropriations
Defalcation the opposite of safekeeping is of three types: Breach of trust with Allah, with the Holy Prophet (s.a.w.s.) and with people.
1. The trust of Allah
"Surely We offered the trust to the heavens and the earth and the mountains, but they refused to be unfaithful to it and feared from it, and man has turned unfaithful to it; surely he is unjust, ignorant."
(Surah Ahzaab 33:72)
What is meant by Divine trust? The scholars have a variety of opinions in this regard. Some opine that it denotes the grace of intellect given by Allah (a.j.). The safeguarding of this trust (intellect) means that man should employ it to recognise and obey his Creator. According to other scholars this trust consists of the laws of Islam that Allah has sent through His Prophet (s.a.w.s.). These laws are a Divine trust. To guard these laws means to obey them faithfully. It is obvious that the heaven, the earth and the mountains did not possess the ability to protect these trusts and hence they refrained from accepting them. Man was competent to obey the command of his creator and therefore he accepted the trust. But he allows his emotions to subvert his intellect and permits his desires to override reason. He therefore ignores the laws he had agreed to obey oblivious of divine retribution. This is breach of trust with Allah (a.j.).
The blessings of intellect and trustworthiness
Intellect or the faculty of reasoning is one of the greatest trusts that Allah has bestowed upon man and this trust demands that man continually honours it. We must not say or do anything that is against reason. If we allow our desire to conquer reason we would have committed a breach of trust with Allah (a.j.).
As regards the safekeeping of trust with reference to the rules of Shariat,
Imam Muhammad Baqir (a.s.) says:
"Misappropriating the trust of Allah and His Prophet (s.a.w.s.) is their disobedience. As far as the breach of trust is concerned, every person is the trustee of the laws revealed by Allah."
(Tafseer Safi)
It is clear from this tradition that the Divine laws promulgated for men are Allah's trust. The safekeeping of these trusts means the acceptance of these laws and implicit obedience to them. Every individual is expected to study these rules of Shariat and not to remain ignorant of these. Every individual has to make a point to learn and understand the obligations and be fully conversant with all the laws governing every aspect of his or her life. After learning these laws the individual is further obliged to accept them and follow them in all sincerity.
It is said that when it was the time for prayers, Amirul Momineen Ali (a.s.) became fearful and restless and his face became pale. People were dazed to see him thus, and asked him the reason for it. He replied,
"It is the time for prayers! It is the time of delivering the trust that Allah had offered to the heavens, the earth and the mountains, which they had refused. This is what I fear!"
However, this is not restricted to prayers. All the laws of Shariat are the trust of Allah and prayers occupy a lofty position among them.
Propagating the laws of religion
It is pathetic that most of the people of our time are committing breach of Divine trust. People are so engrossed in the materialistic world that they have no time to learn the basic laws of religion, or to act upon them. Day by day religion is given less and less importance although more than before, the need of the day is that people should learn about religion and propagate it to others. We must ourselves act upon the laws of Shariat faithfully and also exhort others to do the same.
2. Trust of the Holy Prophet (s.a.w.s.)
Both Shias as well as Sunnis agree that before his passing away the Holy Prophet (s.a.w.s.) had said,
"I leave among you two weighty things, the Book of Allah and my Progeny."
The Prophet's words after this, according to history are,
"On the Day of Qiyamat I will question you concerning them (as to how you have safeguarded them)"
According to Tafseer Majmaul Bayan: The Quran and the Progeny have been referred to as "two weighty things" because to follow them is a very difficult task indeed. A true Muslim is one who is able to carry the weight of this responsibility. A Muslim must obey the Quranic orders and follow the Ahlul Bayt (a.s.). Alas! The followers of Muhammad (s.a.w.s.) did not safeguard the important trusts.
"And the Apostle cried out: O my Lord! Surely my people have treated this Quran as a forsaken thing."
(Surah Furqan 25:30)
May Allah not include us in that majority of people about whom the Prophet (s.a.w.s.) shall complain to Allah.
Ahlul Bayt (a.s.) are the Trust of the Holy Prophet (s.a.w.s.)
Ahlul Bayt (a.s.) are themselves a trust that the Holy Prophet (s.a.w.s.) has left with us. To honour this trust is to love them (Ahlul Bayt), and believe in their truth with sincerity. We must obey their commands because their orders are the commands of Allah (a.j.) and the Holy Prophet (s.a.w.s.). They are the Hujjat (proof) of Allah. By sending them to us Allah has completed His proof, so we cannot say that there was no one to lead us after the death of the Holy Prophet (s.a.w.s.). The Ahlul Bayt (a.s.) are the link between Allah and us. We must also respect the Sadaat (the sayyeds) as they are from the Progeny of Ahlul Bayt (a.s.), and fulfill their needs, for in this way we would be safeguarding the trust of their ancestors. On one hand the Ahlul Bayt (a.s.) are the trustees of Divine laws from the time of the Prophet's death till the Day of Judgement, on the other hand they themselves (a.s.) are a valuable trust of the Prophet with us, like the Holy Quran. One of their rights upon us is that we consider their grief and sorrow as our own, rejoice in their happiness and joy and honour them by going for Ziarat to their holy shrines.
3. Trust of the people
Trust of the people is divided into two categories:
(1) Trust of Property and
(2) Trust of the Shariat.
The first one denotes any goods or property that a person keeps with someone for safe custody. This can be in various forms. Sometimes one keeps a valuable with another person solely for its safekeeping. Sometimes a thing is given for use but it must be returned after the use is over. This is also known as Ariya or Musta'ar. Another form of trust is when a particular thing is given on hire and its rent is collected, for example a house.
A loan is also a trust. Sometimes a valuable is pledged as the surety for some loan. If the loan taken against this surety is not repaid this item is sold to recover the dues. In the same way in transactions of Mudarabba (partnership) the property given out for trading is also a trust.
Trusts of Shariat
By trust of Shariat we mean property which is in possession of a person who is not its actual owner. This property may not have been handed over to him by the owner, but he may come to acquire it through circumstances. For example, a strong wind blows a cloth from a house to the neighbours, or someone's lost domestic animal may stray into somebody's house, or one may buy something and find later that the seller has given an extra item by mistake, or the client may pay the seller more than the prescribed rate, or one may find some money on the way, or one may come to acquire some stolen goods or those belonging to someone else. All these things are considered as trusts according to Shariat. It is wajib to restore them to the rightful owners, those who have them in their possession should not use such items. Another example of such a trust is a letter addressed to another person. It is wajib upon the person to send it to its rightful addressee. It is haraam to open or read a letter addressed to someone else.
Misappropriating other's property
If one is in possession of a person's property through circumstances, it is haraam to embezzle it. As we have already stated, misappropriation is a greater sin.
Misappropriation is a compound of three sins:
(1) Injustice
(2) Disregard of an obligatory act and
(3) Illegally using someone's property
Illegally using someone's property
It is a sort of injustice to use the property or a thing belonging to someone else without his permission. It is haraam even to borrow something without the permission of the owner. It is haraam to use the thing even for a moment. In fact, even displacing a thing without permission is haraam when there is no valid excuse.
A person using an article without the owner's permission has to give it back immediately or ask permission for its use. If any damage has occurred to the property the user has to make good the loss.
If one expects that the owner will permit the use of his property, then its use without permission is allowed. But the user will have to compensate in case there is any damage to the property.
A user is not accountable if a property is damaged despite his best toil to safeguard it, but he will be responsible if the damage is the result of his carelessness.
The 91st verse of Surah Tauba says,
"…there is no way (to blame) against the doers of good..."
According to this ayat the trustee who has done a good deed by guarding a property will not be liable for any loss or damage. The one who entrusts has no lawful recourse against the trustee.
Carelessness in guarding the trust
A trustee shall be made to pay for any loss or damage that occurs to the good entrusted to him, if he has not taken reasonable take of the goods or has kept them in an unsafe place. It is also not allowed to hand over the property in ones trust to someone else for safekeeping without the owner's permission. If the trust is transferred to another person and a loss occurs, then the first trustee shall be held responsible. It will amount to a sort of carelessness on his part. Even if he considers someone else to be a better trustee he cannot move the goods to him without the permission of the owner. In the same way the trustee cannot carry the trust with him when he goes on a journey. The owner's permission has to be sought in this case also. If the trustee intends to travel, he can keep the property in a safe place, or he can hand it over to another person only with the permission of the owner. However if there is a risk of loss or damage in his absence he must return the trust to its owner or his representatives. If the owner or his representatives are not available, he can surrender the trust property to the Mujtahid or the religious judge or he may avoid travel altogether. But if the journey is more important than the safe-keeping of this trust, and the owner nor representative nor a Mujtahid is available then he can, to ensure its security keep it with someone reliable. He may even carry it with himself on the journey in such circumstances.
If one is sure that he will not be able to take care of the trust, it is wajib for him to refuse to accept it. If such a person has already taken it, it is wajib for him to return it but if in spite of his inability to safeguard the trust property, the owner insists on handing it to him he is allowed to accept it. In this case the trustee cannot be held responsible, and the owner would bear the loss in the event of the goods being lost or damaged. Even if one is compelled to be a trustee against one wishes, it is better to take care of the goods entrusted, as a moral obligation.
It is apparent that this transaction (of one who entrusts and the trustee) is a legal transaction. Either party may terminate the agreement whenever he or she desires. That is, the owner may ask for his property whenever he likes. In the same way the trustee can return the goods in his trust to the owner whenever he wishes. However, it is wajib for the trustee to return the trust when the owner demands it and the one who entrusts cannot insist upon the trustee to continue to safeguard his goods when he (the trustee) wishes to relieve himself of the responsibility.
Delay in returning the trust
Under special circumstances it is permitted to appropriate the property of a Kafir, not living under the protection of Islamic government. But if such a person gives his property as a trust, it is not permitted to misappropriate this property. If the property to be entrusted is stolen or acquired by illegal means, it is wajib to accept it and restore it to its rightful owner.
As we have already mentioned, anything that is maintained as trust must be restored to the owner or his representative; like some responsible member of his family, if they are not available, the trust could be given in charge of a Mujtahid or his representative. If even these are not available the trust must be handed over to a reliable person. Especially when one perceives the approach of death one should immediately arrange to return the trusts. If none of the above persons are available then it is wajib upon the dying person to make a will and provide the address of the owner so that the property may be restored to him.
In the same way if the owner learns that the trustee is dead, it is wajib for him to go and collect the things that he had deposited as trust. If the heirs of the deceased do not recognise him he can describe the distinguishing features of the trust property and obtain it from them. Similarly if the owner dies, the trustee is under obligation to return the trust to the heirs of the deceased.
Transactions of hire, ariya (free loan), mortgage and partnership
As we have already mentioned, all the goods that are the basis of the above transactions constitute a trust. Whenever the owner demands the property, it has to be restored immediately. However, if a period has been agreed upon, the owner cannot demand his property before the end of the stipulated period. For example, the landlord cannot expel his tenant before the expiry of the agreement of tenancy. Similarly the pledged article cannot be taken back without the repayment of loan. The same is the case with a loaned article.
At the end of the stipulated period the trustees are obliged to return the property that had been in their possession even if the owner has not demanded it back, but if the owner extends the period the trustees can continue to retain the property.
However, 'Ariya' is a transaction where the owner is at liberty to demand back his property whenever he likes. For example, someone has borrowed a book for a week but the owner demands it the same day. The borrower, in this case, is obliged to return the book immediately. 'Ariya' is just like the keeping of some trust. The owner can ask for it whenever he wants. Even though he may have given it for sometime, he can demand it whenever he likes.
Search for the owner - Sadaqah on his behalf
The above discussion was regarding the property trusts. If someone is in possession of a Sharaii trust and the owner is not known, the finder of a property has to search for him for one whole year. He must publicise it from masjids etc. If the owner is still unlocated he must give all of the found property in charity on behalf of the owner.
The one who entrusts and the trustee should be adults
A transaction of trust is valid only when both the parties are sane and adult. So a child or an insane person cannot entrust their property nor can they act as trustees. However, if the guardian of a child or an insane person permits, the property can be held in trust. Whether the guardian permits or not, if the property of a minor or an insane person held in trust suffer some loss or damage, the trustee has to make good the loss. He has to return it to the guardian and not directly to the minor or insane person. If one finds a minor child or an insane person in possession of something and there is a risk of it being lost or damaged, he can take it from him and deliver it to his guardian.
These are thus some laws regarding trusts. For detailed laws one can refer to the books of jurisprudence. The important thing is to understand the significance of trusts and to avoid the pitfalls of a sin like misappropriation. We shall present one more ayat and a few traditions before closing this chapter.
Trustworthy people praised in the Quran
It is mentioned in Surah Aale Imraan:
"And among the followers of the Book there are some such that if you entrust one (of them) with a heap of wealth, he shall pay it back to you; and among them there are some such that if you entrust one (of them) with a dinaar he shall not pay it back to you except so long as you remain firm in demanding it; this is because they say: There is not upon us in the matter of the unlearned people any way (reproach); and they tell a lie against Allah while they know."
(Surah Aale Imraan 3:75)
This verse praises those Christians who do not embezzle when non-Christians entrust something to them and it denounces the Jews who consider it permissible to misappropriate the property of anyone who is not a Jew. They falsely claim that they have been given a licence by Allah to do so.
When the Holy Prophet (s.a.w.s.) recited this ayat, he said:
"The enemies of Allah lie! I have corrected every custom and belief of the age of Jahilya (ignorance) but (the matter of) trust is as it was. Whether the trust belongs to a righteous person or an evil one, it has to be returned."
(Tafseer Majmaul Bayan).
According to the ayat the embezzlers are like those Jews who defalcated and if a Muslim considers embezzlement to be permissible, he is included among the enemies of Allah.
Recovery of damages from a property in trust
The Quran and Hadith clearly state that under no circumstances is it allowed to pilfer a property held in trust. Shaykh Tusi in his book, Nihaya and other Mujtahids have also mentioned this fact.
Narrators of traditions have mentioned the following from Imam Ja'far as-Sadiq (a.s.):
"One person sends another with money to purchase a cloth. When the latter goes to the market he sees that he already has the same type of cloth at home. So can he come back and without saying anything give him the cloth that he was already having and retain the money?"
Imam (a.s.) continued, "He should not even think of doing this and make himself contaminated with such a sin." Then Imam (a.s.) recited the 72nd ayat of Surah Ahzaab:
"Surely We offered the trust to the heavens and the earth and the mountains, but they refused to be unfaithful to it and feared from it, and man has turned unfaithful to it; Surely he is unjust, ignorant."
Then the Imam (a.s.) further said:
"Even if this man has something better than what is available in the market, he must not give it to the buyer without informing him of the fact."
(Tafseer Safi)
This is because the actual transaction consisted of taking the person's money to the market and purchasing a cloth. Anything contrary to this is 'Khayanat'.
Sulayman Bin Khalid says,
I inquired from Imam Ja'far as-Sadiq (a.s.): "A man had borrowed some money from me. Not only did he not repay the loan but he also took an oath that he did not owe me anything. Later he kept some of his money with me as a trust. Can I recover my debt from this money?"
Imam (a.s.) replied, "Certainly that person has betrayed you but you should not betray trust. You must not commit the same sin."
(Nihaya of Shaykh Tusi)
As we have already mentioned, Shaykh Tusi and the other great Mujtahids have given a clear verdict in the light of the Quranic verses and clear ahadith, that Khayanat is totally prohibited.
But in the book Milhiqat Urwatul Wuthqa, the late Kazim Tabatabai says, "It is commonly believed by the Mujtahids that to recover one's legal dues from a property held in trust is permitted."
The fatwa of Late Kazim Tabatabai was also to this effect, but precaution dictates that one must refrain from such a course of action.
If a person is given money on the undertaking that he should give it to a poor Sadaat, he cannot keep this money, even if he himself happens to be a poor Sadaat, without informing the owner. But if it is certain that the owner will agree to his keeping it for himself then doing so is not breach of trust.
The burden of Khayanat and the Day of Judgement
The Messenger of Allah (s.a.w.s.) has said,
"Beware! One should not commit Khayanat of even one camel! Otherwise, he will be summoned on the Day of Qiyamat riding the same camel and bleating like a camel.
Beware! One should not commit Khayanat of even one horse! Otherwise he will be summoned on the Day of Qiyamat riding the same horse and neighing like a horse.
He will be calling me for help, 'O Muhammad! O Muhammad!' I will tell him that I had already warned him. Now I have no responsibility concerning him against Allah."
(Al Kafi)
Allamah Majlisi has recorded a tradition from the Holy Prophet (s.a.w.s.):
"You must return even a needle and thread. For Khayanat will cause untold degradation and exposure of defects on the Day of Qiyamat."
A man came to the Holy Prophet (s.a.w.s.) with a needle that he had taken without permission. He said, "I had taken this needle to sew a pack saddle for my camel."
The Holy Prophet (s.a.w.s.) told him,
"If this needle belongs to me I have forgiven you. However, if it belongs to the other Muslims you must pay for it so that it could be included in the public treasury for equal distribution."
"I was not aware that it was such a serious matter," the Arab remarked, "If it is so, I will not keep the needle with me." He handed over the needle to the Holy Prophet (s.a.w.s.) and went away.
The guilty shall be recognised by their marks
According to Allamah Majlisi, on the Day of Qiyamat the sinner shall carry the pilfered property on his shoulders. Every type of sinner will have specific distinguishing marks, by which everyone will know what sin the sinner had committed. One who commits a greater sin and dies without repenting for it, the Almighty Allah will deal with him with justice on the Day of Qiyamat. So much so that the mark of the sin that he committed most will be attached to him. For example, the drunkard will be holding a wine bottle, the terrible stench of which will cause discomfort to the people. Similarly, the musician will have the instrument stuck to his hands. The gamblers will be having the instrument of gambling with them. The same thing is alluded to in the verse:
"The guilty shall be recognised by their marks."
(Surah Rahman 55:41)
The Holy Prophet (s.a.w.s.) and his trustworthiness
One day a poor man came to the Holy Prophet (s.a.w.s.) and told him of his poverty. The Prophet (s.a.w.s.) said,
"Sit down! Allah is most Powerful."
Another beggar came and the Holy Prophet (s.a.w.s.) told him to sit down too. Then a third destitute arrived and the Prophet (s.a.w.s.) told him also to sit down. After some time a person came and presented four saa (approximately 12 kilos) of wheat as Zakat to the Holy Prophet (s.a.w.s.). The Holy Prophet (s.a.w.s.) distributed one saa (3kilos) of wheat to each of the poor men. One saa of it remained. After the Maghrib and Isha prayers the Holy Prophet (s.a.w.s.) announced that a saa of wheat is remaining with him. Any needy person can come and collect it from him; but no one came forward. The Holy Prophet (s.a.w.s.) was compelled to take this trust home. Ayesha says that, that night the Holy Prophet (s.a.w.s.) was very restless. When she inquired the reason of his restlessness he replied,
"I am fearful of the consequences in case I die today and this trust is not delivered to a deserving person."
It is also mentioned that when the Holy Prophet (s.a.w.s.) was on his deathbed, he had an amount of six or seven dinars for the poor and the needy, remaining with him. He sent for the money and after counting it, said,
"It is possible that Muhammad (s.a.w.s.) may reach the presence of his Lord while these dinars are still in his custody!"
Then he (s.a.w.s.) summoned Amirul Momineen Hazrat Ali (a.s.), and gave him the dinars for the poor and the destitutes and then said,
"Now I can rest in peace."
(Naaseekhut Tawarikh Vol.3, Pg544)
Secrets are also trusts
Sometimes a person is told a secret and asked not to divulge it to others. This secret is also a kind of trust. It may also be that one learns of a secret regarding another person and is sure that that person would prefer that it is not made known to others. This secret is a trust according to Shariat. To divulge a secret that one has come to know is Khayanat. The following saying of Ali (a.s.) is present in Ghurarul Hikam:
"To divulge a secret that you are supposed to guard is Khayanat and betrayal."
It is absolutely haraam to betray a secret which is a trust, whether of a friend or an enemy, of a righteous person or an evil one.
Private discussion is also a trust
The Holy Prophet (s.a.w.s.) mentions that:
"People who sit together must be careful of safe-guarding the trust. It is not permitted for a believer to disclose a secret of his believing brother."
(Behaarul Anwaar Vol.16)
Abu Zar has related from the Holy Prophet (s.a.w.s.) that he said:
"O Abu Zar, one who sits in company must be cautious of safeguarding trust. For if you expose a secret of your believing brother, you would have committed Khayanat. So, keep away from such things."
(Wasaelush Shia)
Whatever is discussed in a meeting is also a trust with the participants. Anything that is to be kept confidential must not be divulged. It is recorded in the traditions:
"One who sits in company must be wary of maintaining the trust but it is not haraam to expose the secret of three kinds of meetings: One, where an unlawful murder is planned; two, where fornication is planned; three, where it is planned to loot someone's property. The facts of such meetings could be presented in the court for proving someone's right. In some cases it assumes such importance that it becomes necessary to disclose a secret."
(Behaarul Anwaar)
In Surah Tahrim the Almighty Allah flays some of the Prophet's wives (Ayesha and Hafasa) for betraying a secret of the Holy Prophet (s.a.w.s.). Allah has advised them to repent.
"If you both turn to Allah, then indeed your hearts are already inclined (to this)."
(Surah Tahrim 66:4)
The same chapter also mentions the wives of Hazrat Lut (a.s.) and Hazrat Nuh (a.s.) in the following words:
"Allah sets forth an example to those who disbelieve the wife of Nuh and the wife of Lut; they were both under two of Our righteous servants, but they acted treacherously towards them so they availed them naught against Allah, and it was said: Enter both the Fire with those who enter."
(Surah Tahrim 66:10)
Divulging secrets is Khayanat
Abdullah Ibne Sinan says that he inquired from Imam Ja'far as-Sadiq (a.s.), "Is it haraam for a believer to expose some things of another believer that deserve to be kept secret?"
"Yes," the Imam (a.s.) replied.
The narrator further asked, "Do you mean by this the 'private parts'?"
Imam (a.s.) explained, "It is not what you think, (Though it is also haraam to view the private parts), what I meant were theconfidential matters."
(Al Kafi)
Imam (a.s.) has also said:
"One who washes a dead body of a believer and observes caution with regard to the trust is absolved of all his sins."
Someone asked, "How can one maintain secrecy with regard to the washing of a believer's corpse?"
The Imam (a.s.) answered,
"He must not tell anyone of the deformities that he might see in the dead body."
(Amaali)
From this discussion we can be certain that exposing a secret amounts to committing Khayanat. Under all circumstances a secret is a trust, whether the person concerned himself takes you in confidence or you come to know of the secrets by yourself, it is haraam to betray it. If the one whom the secret concerns does not wish his secret to be divulged, then it is haraam and a kind of Khayanat to expose it. Such types of trusts that involve secrets have various grades and are of different types. Certain types of Khayanat are termed as tale telling and others are called backbiting. Each of these shall be elaborated ahead.
Informing disbelievers about the military secrets of the Muslims
Khayanat can be with Allah (a.j.), the Holy Prophet (s.a.w.s.) and Muslims. One can also commit Khayanat with ones own self. When a person reveals the political secrets or the military stategies of the Muslims to the disbelieving opponents, he commits Khayanat which includes all the above. He is the cause of strengthening the enemy and responsible for the defeat of the Muslims. Perhaps it is this type of Khayanat that is alluded too in the following ayat:
"O you who believe! Be not unfaithful to Allah and the Apostle, nor be unfaithful to your trusts while you know."
(Surah Anfal 8:27)
In the Shaane Nuzool (circumstances of revelation) of this verse Jabir Ibne Abdullah Ansari says: One day Jibraeel (a.s.) informed the Holy Prophet (s.a.w.s.) of the fact that Abu Sufyan was camping at a particular place with an army of polytheists. The Prophet (s.a.w.s.) made preparation to fight with him and kept this secret so that the enemies would be taken by surprise. However, one of the hypocrites wrote to Abu Sufyan and informed him of the Muslim plan. The explanation of the verse (8:27) mentions the Khayanat of Abu Lababa and his subsequent repenting.
Divine mercy upon those who maintain trusts
Maintaining a secret is however, a formidable task. Only those with a high sense of honour are unflinching, and succeed in strictly maintaining secrets. It is a morality with which very few good actions can compare and is deserving of high rewards and Divine blessings. The person is protected from fear on the Day of Qiyamat. On the day when all the people will be gathered for accounting, the trustworthy people shall be placed at the safest and the best place under the shade of Divine mercy.
Imam Musa al-Kazim (a.s.) says,
"Three types of people will be under the shade of Divine mercy when there will be no other shade:
(One), the person who arranges the marriage of his believing brother. (Two), the person who procures a servant for his believing brother. (Three), the person who has maintained a secret of his believing brother."
Restrain from divulging your own secrets
According to the traditions we must not inform anyone of our own secrets. Even if those people are our closest relatives or friends. It is possible that their friendship may not last forever. They might become our enemies in the future. It is very scarcefor an enemy not to expose the secrets of his opponent.
Imam Ja'far as-Sadiq (a.s.) has advised one of his followers:
"Do not tell your secrets even to your friend. But only tell him those things that will not cause any harm even if your enemy comes to know of it. Because even a friend could become your enemy one day."
(Behaarul Anwaar)
A reliable and pious person has related that when he intended to divorce his wife, he was asked about her defect; that had made him take such a decision. He replied, "An intelligent person never exposes his wife and never reveals her secrets."
Subsequently the divorce was completed and even the Iddah came to an end. Again some people asked him, "Now she is no more your wife. What was the actual defect in her, that you had to divorce?" He said, "I am not concerned with other women." It means that it is the right of a wife upon her husband that he maintains her secrets even after separation and divorce.
Revealing a secret is a kind of Khayanat and all types of people consider it to be evil. It is mentioned in the book Uqudul Farid that even a filthy man like Ziyad (May Allah's curse be upon him) had criticised Umar Ibne Saad (May Allah's curse be upon him too) for revealing the last wishes and the secret of Hazrat Muslim Ibne Aqeel. Ibne Ziyad (l.a.) had written to Umar Ibne Saad. "O Umar Ibne Saad! Because you yourself have revealed the secret of Husain's coming towards Kufa, you would have to go and fight against him."
The detail of this incident are from the book Nafasul Mahmoom and other books of Islamic history, and are as follows.
When Ibne Ziyad had Muslim Ibne Aqeel arrested, Muslim asked, "Would you murder me?"
"Yes," replied Ibne Ziyad.
"Give me some time so that I can express my last wishes to a relative of mine."
The accursed Ibne Ziyad permitted him to do so. Muslim searched among the people present in the court and saw Umar Ibne Saad. He told Umar Ibne Saad, "O Umar! We are related to each other. I wish something from you. It is obligatory for you to fulfill it and it is a secret that I cannot reveal to everyone."
Umar Ibne Saad tried to shirk the responsibility but Ibne Ziyad told him, "Do not try to avoid this. Listen to what your cousin wishes." So Umar Ibne Saad and Muslim Ibne Aqeel went into a corner.
Muslim said, "There is debt upon my neck. When I had reached Kufa, I had borrowed seven hundred Dirhams. Please sell my armour and repay the loan. When I am killed take my last remains from Ibne Ziyad and perform a proper funeral and bury me. You must also send someone to Imam Husain (a.s.) so that he can stop him from coming to Kufa. I had myself invited him to Kufa and written that the people of Kufa are on his side. So he must have started his journey towards Kufa. Inform him of my arrest and execution so that he may turn back."
Umar Ibne Saad immediately told Ibne Ziyad all the three things (the debt of Muslim, the burying of his corpse and the warning for Imam Husain (a.s.). Ibne Ziyad (l.a.) said to Muslim Ibne Aqeel, "A trustworthy person can never betray you but the thing is that you have considered a betrayer to be your confidant."
An exemplary confidant
It is appropriate to mention an exemplary trustworthiness at this point. When Hazrat Imam Husain (a.s.) reached a spot called, 'Haajiz' he wrote a letter to Muslim Ibne Aqeel and the Shias of Kufa. He wrote:
"From Husain Ibne Ali (a.s.) to his Muslim and momin brothers. Peace be upon you all. Praise be to Allah besides Him there is no deity. I have received Muslim's letter. He has informed me of the glad news that you all are united to support me and prepared to fight for my right. I pray to Allah for your favourable consequences. May He reward you for this stand of yours. I have left Mecca on Tuesday the eighth of Zilhajj and started moving towards you. When my messenger reaches you, you must become serious and concerned in your mission. I shall come to you within a few days, InshaAllah. Peace be upon you and the Divine Mercy."
Imam Husain (a.s.) gave this letter to Qays Ibne Musher Saidawi who set out immediately and soon reached the outskirts of Kufa. An officer of Ibne Ziyad, by the name of Haseen Ibne Tamim tried to arrest him there. He at once tore up the letter of Imam Husain (a.s.). He was then taken to Ibne Ziyad. When Ibne Ziyad told him to surrender the letter he said, "I have torn it into pieces."
"Why?" asked Ibne Ziyad.
"So that you may not come to know what was written in it."
"To whom was it addressed?"
"To some people I am not familiar with."
Ibne Ziyad ordered, "If you do not reveal the name, you shall have to mount the pulpit and invoke curse upon the liars." [Ibne Ziyad was actually referring to Imam Husain (a.s.).]
Qays Ibne Musher went to the pulpit and announced, "O people! Husain Ibne Ali is the best creature of Allah, and the son of Fatemah (s.a.) the daughter of the Holy Prophet (s.a.w.s.). I am his messenger. I have left him at a place called 'Haajiz'. I have come to you so that you may respond to his call and support him wholeheartedly."
Then Qays invoked curse upon Ibne Ziyad and his father. He then showered praises upon Amirul Momineen Hazrat Ali (a.s.).
Ibne Ziyad ordered that Qays be taken to the wall of the palace and then thrown down. When Qays was thrown from such a height, his bones shattered but he was alive when Abdul Malik Ibne Amir beheaded him.
When Imam Husain (a.s.) learnt of Qays' murder, his eyes were filled with tears. He recited the following ayat of the Quran:
"Of the believers are men who are true to the covenant which they made with Allah: so of them is he who accomplished his vow, and of them is he who yet waits, and they have not changed in the least."
(Surah Ahzaab 33:23)
An interesting incident of trustworthiness is also recorded in the book, Riyazul Hikayaat:
A man had one thousand Tumans in a bag. He was going to the public bath, early in the morning. On the way he met a friend who was also heading towards the public bath. When they came to a junction this person separated without informing his companion. Perchance a robber was pursuing them with the intention of stealing the moneybag. When this man reached the bath the robber followed suit. The man deposited the moneybag with the bath keeper and went inside to take a bath. The bath-keeper himself thought of taking a bath. He thought that the robber who had followed the man was the latter's friend. So he handed him the money bag and said,
"Keep this in your custody till I return after taking a bath."
The thief remained sitting till the bath-keeper returned. Then he gave back the moneybag to him. When the bath-keeper learnt that he was not a friend of the first person he asked, "Then who are you?"
He replied, "I am a thief."
"Then why did you not steal the money bag?"
The thief answered, "I may be a thief, but betraying trust is against manliness. While safeguarding this trust I have also remained aloof from robbery."
This nobility impressed the owner of the moneybag, and he opened the bag and gave some money to the robber as a reward.
However, stealing is also haraam and it shall be discussed in the forthcoming chapter. An object may be expensive or worthless, but stealing it is absolutely haraam.
The Twenty-Third Greater Sin
STEALING
The twenty-third sin which is certainly a Greater one is stealing or thievery. Imam Reza (a.s.) has included stealing among the Greater sins according to the tradition reported by Fazl Ibne Shazaan. Amash says that Imam Ja'far as-Sadiq (a.s.) has related from the Holy Prophet (s.a.w.s.) that he said,
"A believer cannot commit fornication and a believer cannot steal."
(Wasaelush Shia)
Thus one who fornicates or steals is not a believer. Such a person is devoid of faith. Such a person lacks belief in Allah and the Day of Judgement. If such a person dies without repenting for his sins, he does not die a believer. Some of the ayats and traditions that are critical of Khayanat also include stealing. Stealing is absolutely haraam even if it is for a worthless object. To steal even a needle is haraam. However, the hands of a thief are cut only, if in addition to all the necessary conditions the value of the stolen goods exceeds a quarter misqal of gold.
Muhammad Ibne Muslim says that he inquired from Imam Ja'far as-Sadiq (a.s.):
"What is the minimum amount, stealing of which can make one liable to have his hands amputed?"
Imam (a.s.) replied, "A quarter of a dinar."
"And on stealing two dirhams?"
"Even if it is a dirham more than a quarter of a Dinar. In all cases the hands are severed."
Muhammad Ibne Muslim further asked, "Then if one steals less than a quarter of a dinar, is he called a thief?"
Imam (a.s.) told him,
"Every such person is a thief in the eyes of Allah who steals the property of the Muslims and keeps it for himself." (That is, Allah will punish him with the punishment that is reserved for all those who steal.)
"But (in this world) his hands are not cut off. However if he steals a quarter dinar or more his hands are severed. If the hands of those who steal less than a quarter dinar were also to be cut then we would find most of the people with their hands severed."
Punishment for theft
The Almighty Allah says in Surah Maidah:
"And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah, and Allah is Mighty. Wise.
But whoever repents after his inequity and reforms (himself), then surely Allah will turn to him (mercifully), surely Allah is Forgiving, Merciful."
(Surah Maidah 5:38-39)
The book Burhanul Quran mentions on page 170:
"The opponents of Islam have raised objection against the penal code of Islam. They label such penalties to be primitive and inhuman and not acceptable in the twentieth century. The criticism is especially severe with regard to the punishment of theft and fornication. They trump up their arguments saying that such crimes are a result of psychological disorders and moral and psychological counselling can reform criminals. We admit that moral advice is one of the ways of reforming individuals. Certainly, moral lessons have a profound effect in guiding a society in the right direction. We also do not reject the fact that most of the crimes are due to psychological and moral ills.
Islam has not overlooked moral training as a factor in the development of character but Islam also believes that inspite of such training if the individual is inclined towards crime he should be punished adequately. A breakdown in discipline and order begins if you ignore crime, eventually leading to a corrupt society.
In non-Muslim countries also the criminals are not let off with a sermon on moral values. Criminals are imprisoned and accorded various punishments. We do not deny the fact that poverty causes many a crime to be commited. We agree that destitution sometimes makes a man lose his sense of moral values and he is more inclined to Khayanat and stealing when he is in difficult economic conditions. But we cannot accept that poverty and destitution are the sole causes of crime. We see quite a few people who inspite of their straitened circumstances are not at all inclined towards injustice and crime and prove their integrity by fulfilling their obligations with sincerity. On the other hand crimes and perversity are prevalent in affluent countries and also in communist countries which claim to have eradicated inequality.
Those who are critical of Islam to be primitive and inhuman are unable to assess their own selves. Those who proclaim independence and human rights overlook their own crimes. Forty thousand people were butchered in North Africa just because they were protesting for their basic rights. Is this nor barbaric?
The newspaper Kahyan of 14th April 1960 reports: The valiant people of Algeria have struggled for six years against the tyrannical rule of France over their country. To date, around one million people from the total population of ten million have laid down their lives in this struggle.
Coming back to our discussion we would like to point out that Islam has taken in to consideration all aspects of crimes and punishment. Islam does lays down heavy penalties for crimes committed but Islamic law takes into account, the circumstances under which the crime is committed. A person who steals due to hunger and poverty is not liable to have his hands cut off, nor is a person who has been coerced into stealing, punished. Also Islamic laws are not applicable in non-Muslim countries. So the objections raised are baseless.
As far as barbarism (of which Islam is accused) is concerned, the progressive countries in the Second World War alone killed and maimed a million people. The dropping of the atom bomb caused untold miseries of devastation, death and diseases plagued millions of people and the horrible effect of these continue to this day. It has come to light in recent times that the dropping of the atom bomb was entirely unneccessary. It was for an experiment. An experiment conducted at the cost of human life and human masses. Compared to this shocking perversity and savageness the fact that corporeal punishment in Islam is given in only limited cases.
Besides Islam prescribes rules and regulations which if followed faithfully not only improve morals, but eliminate poverty and enhance economic development of the society as a whole, thus eliminates the very cause of these crimes.
It is the duty of the Islamic government to provide every citizen with suitable employment. If some people still remain unemployed they are to be paid a stipend from the public treasury till they can secure a job. Under these conditions there is no need for anyone to steal. Inspite of this if someone steals, then surely he deserves to be punished.
It is a fallacy to think that these prescribed punishments are only meant for old times when people were savage and incapable of being controlled by any other means and that in the modern age people are receptive and suggestive and can be reformed without punishment. It is a foolish argument. If this argument had any substance we would not be witnessing such an awsome crime rate in the "cultured" atmosphere of the developed countries.
It is obvious that the Quranic ayat quoted earlier does not give any details regarding the robbery or the punishment. These details have been elaborated in numerous traditions that have come down to us from our Ahlul Bayt (a.s.)
Conditions when corporeal punishment is accorded
It should be mentioned here that as far as Shia faith is concerned amputing of hand implies cutting four fingers of the right hand. The palm and the thumb are left untouched.
Before amputing the hands of the thief the following conditions must be fulfilled. Even if one of them is absent, the punishment is not carried out:
1. The thief must be an adult. The signs of adulthood according to Shariat are the completion of fifteen lunar years for a boy and nine lunar years for a girl. Another sign of maturity is the growth of pubic hair. The third sign is the ejaculation of semen in boys and the beginning of the menstrual cycle in the girl. Even if one of these signs are present the concerned person is an adult. So if the thief is not an adult his hands cannot be amputed. At the most the judge releases him after issuing a stern warning so that he may not dare to repeat this act.
Abdullah Ibne Sinan relates the following tradition from Imam Ja'far as-Sadiq (a.s.):
"When a minor child steals for the first and the second time he is forgiven. If he does it for the third time he is issued a strict warning and beating. If he persists in his crime, the tips of his fingers are slightly cut and if he repeats the act, some more of his fingers are cut away."
2. The thief must be sane. So if an insane person robs, his hand is not amputed. He may be suitably warned and scolded.
3. The thief must not have resorted to stealing under duress, if he had been compelled to do so, the penal code is not applied.
4. The stolen thing must be something that is worth owning. Hence, if ones freedom is restricted it cannot be called a theft.
5. The value of the stolen object must not be less than one-fourth misqal of pure gold. One misqal is equal to eighteen grams. One-fourth misqal is four-and-a-half gram.
6. The son or the slave of the thief must not own the thing that is stolen. So if a father steals from his son, he is not punished. On the contrary if a son or a daughter steals from the father or mother their hands are amputed. The same rule applies to the master and the slave. If the master robs his slave he is not punished. On the other hand, there exists a difference of opinion on the matter of whether the slave who steals from his master is to be accorded the punishment of theft or not. Some Mujtahids are of the opinion that if a servant steals from his office or employer, he should not be given the full penalty. Other Mujtahids have issued a decree that there is no difference between a servant, a workman and other people. They shall be deserving of the penalty. There is also a difference of opinion with regard to the theft committed by a guest from his host. The most prevalent verdict is that the guest must be punished.
7. Eatables stolen during the times of famine do not make the thief liable for having his hands cut. It is narrated from Imam Ja'far as-Sadiq (a.s.) that he said:
"In the time of famine and draught the hands of a thief are not cut off for stealing edible items like bread and meat etc."
8. If a soldier participates in a raid and steals from the plundered goods obtained in war before they are distributed, he is exempted from the punishment.
9. If one of the parties to a transaction steals a property and claims that it rightfully belongs to him, he is not liable to be punished.
10. If a person is accused of theft, but before his theft is proved to the judge, he pays the owner the value of the goods, he is not penalised. Similarly, if a son steals from his father but before the verdict is issued the father dies, the son is not punished, as stolen goods now comprise his inheritance.
11. If the use of the stolen things is haraam (e.g. wine or pork), there is no penal action against the robber.
12. If the thief claims that he had not taken a particular thing with the intention of stealing it, and the judge considers otherwise, there shall be no punishment for it.
13. The object should have been stolen from a place where the owner's permission is required to enter. If a theft takes place in a public mosque or public bath, the thief does not have his hand amputed.
14. The thing should have been stolen from a secure place. If something is not kept in a safe place and left open, the theft of it does not incur punishment. Hence valuables should be kept under lock and key. The fruits should not have been stolen from the trees. They should have been already picked and stored in the orchard. The four-footed animals have to be stolen from the stables. Wares have to be stolen from inside the shop. The pocket that is picked must be an inside one and not the one that hangs outward. Money should be stolen from a safe etc. The shroud should have been stolen from the grave.
15. The thief must himself take away the stolen goods from their proper place. If one takes out the thing from its safe place and another one takes it away, neither of the two can be punished for theft. Because, the one who has taken out the thing from its safe place has not stolen it and the one who has stolen it has not done so from its place of safety. We have already mentioned that one who steals something from other than its proper place is not given the punishment of theft. Only that thief is punished who removes the thing from its proper place and also takes it away. If more than one person are involved in stealing something from its proper place and taking it away, then the value of the stolen property is divided by the number of people involved. If the share of each person is more than one-fourth misqal all their hands are amputed but if their individual shares are less than this then none of them are punished in this manner.
If a thief removes the stolen object and loads it on his animal, or gives it to an insane man or a minor child for taking it away, he is penalised. This is because the animal, the insane person and the child are mere carriers of the goods.
16. Severing of the hand is a punishment for theft. Theft implies that someone takes away something without the knowledge of others who later realise that the thing is missing. Hence if a person forcibly loots some goods from its owner, he is not punished for theft. He is beaten up and issued a warning, so that he may not repeat the act. However if the goods are looted using a weapon, the punishment is equal to that of being at war against the Muslims. (This punishment is described in the thirty-third ayat of Surah Maidah. Either the criminal is killed or crucified, the left and the right foot is amputed, or he is to be exiled; the judge can award one of these punishments.)
17. If before a theft can be proved, the thief goes to the judge and repents and promises not to steal in future he is saved from the punishment. Once the theft has been proved, repentance is of no consequence and punishment will be implemented.
18. For a theft to be proved, two just witnesses should have seen the thief stealing. It may also be that there is just one witness but the owner also testifies that robbery has taken place. The thief may himself confess twice of his theft and deserve to be penalised. If he confesses only once, the stolen goods are taken away from him and restored to the owner. He is not punished for theft.
19. If the owner takes back his goods or allows the thief to keep them before the matter is reported to the Qazi and does not press for a penalty, the thief is not punished. However if the crime is proved before the judge even the owner cannot save the thief from punishment.
Some Mujtahids believe that if two just people have not witnessed the theft and it is only proved by two confessions of the thief, the judge has the prerogative to condone him. It is mentioned in the book Tahzeeb that a person came to Amirul Momineen Ali (a.s.) and confessed of having stolen something. Hazrat Ali (a.s.) asked him,
"Can you recite some portions of the Quran?"
He said, "Yes, Surah Baqarah."
Ali (a.s.) said,
"I have respited your hand in exchange of Surah Baqarah."
Ashath said, "O Ali (a.s.)! Have you overlooked the Divine penalty?"
Ali (a.s.) replied,
"What do you know? Awarding the penalty is only necessary when two just witnesses have testified. But if the crime is confessed by the thief himself, the Imam can condone him."
If the crime satisfies the above conditions, the amputing of the hands could only be carried out by the just ruler or judge. No other person is qualified to award the penalty or carry out the punishment. The Qazi is responsible for recovering the stolen goods and restoring them to the owner. If the goods are used up or lost, the thief has to make good the loss. The order for the returning of stolen goods is the same, whether the theft is proved according to Shariat or not. If a thing belonging to someone else is taken, it has to be returned.
In some cases the theft is not proved but the Qazi issues a warning for taking the property belonging to someone else. The Qazi may scold or beat the person so that he may not repeat the act. The extent of scolding and beating is also left to the discretion of the judge. In cases where the goods are stolen from an unsafe place, or a bandit has looted the goods, or a forgerer has forged a signature and wrongfully acquired someone's money, the property is restored to the owner and the accused is scolded and beaten. In the same way if someone digs up the grave containing a corpse, but does not steal the shroud, he is also scolded and beaten up. Even if he steals the shroud but its value is less than one-fourth misqal of gold he is similarly beaten up and scolded.
Protection of property and honour
If the thief is seen stealing, he becomes a bandit. The owner can, with the intention of protecting his property fight with him. If the thief dies, his killing is condoned and no blood money is payable. Similarly the attacker can be killed in defence of ones life and honour. But the real aim has to be for defence, and if defence is possible without killing, then killing is haraam. Only the least aggressive measures necessary for defence are permitted.
The Islamic laws with regard to theft are numerous and there is a difference of opinion among the Mujtahids upon many of the points. Keeping in mind the scope of this book, we feel the discussion we have had should suffice.
How is the punishment awarded?
After the crime is proved the judge cuts off the four fingers of the right hand. He leaves the thumb and the palm untouched. The penalty is the same if the thief is convicted of multiple thefts and has not been punished before. If a thief has already had his four fingers cut and he steals again and the theft is proved, his left foot is cut from the front. The heel is left so that he can walk. If he steals for a third time and again the theft is proved the robber is captive for life. If he steals in the prison too, he is put to death.
The hand which is supposed to be lifted up for prayers, the hand which expresses the submission to Allah, the hand which must be used to solve the difficulties of people, to help the oppressed and the orphans, to attack the enemies of faith, if the same hand is used to steal the property of the Muslim brothers and it is proved with all its necessary conditions, then there is no way except to dismember it. Society is rendered safe due to this measure.
Diyat (penalty)
If someone's hand is amputed without any fault of his, the one who cuts the hand is made to pay five hundred misqal of gold to the victim. Whereas if someone robs one fourth of a misqal of gold his hand is amputed. It appears that one who steals a fourth of a misqal of gold is worse than the one who cuts off the hand of an innocent person. Such is the value of trust in Islam.
The twenty-fourth Greater Sin is short weighing or cheating in business. This is recorded in the Holy Quran and the tradition of Imam Ja'far as-Sadiq (a.s.) as related by Amash and the tradition of Imam Reza (a.s.) as reported by Fazl Ibne Shazaan. Imam (a.s.) says: "Decreasing (fraudulently) in measure and weight." (is also a Greater Sin). It is haraam for a seller to give less than the specified quantity or for the debtor to repay less than what is specified.
A terrible punishment awaits the doer of this grievous sin, according to the book of Allah. A complete chapter of the Holy Quran deals with this topic. It says:
"Woe to the defrauders. Who, when they take the measure (of their dues) from men, take it fully, but when they measure out to others or weigh out for them, they are deficient. Do not think that they shall be raised again, for a mighty day, The day on which men shall stand before the Lord of the worlds?"
(Surah Mutaffefeen 83:1-6)
Deed in Sijjin
"Nay! Most surely the record of the wicked is in the sijjin. And what will make you know what the sijjin is? It is a written book."
(Surah Mutaffefeen 83:7-9)
Sijjin is either the name of that register which contains the account of deeds of disbelievers and transgressors. Or it is a special corner of Hell where the disbelievers and sinners will be consigned. Hence the translation of the ayats will be as follows:
"They should be fearful for it is written down that the transgressors will go to sijjin. And what can explain to you what sijjin is? It has already been written about it (And a decision has been taken which cannot be changed)."
Hazrat Shoeb (a.s.) was preaching to his people:
"O my people! Serve Allah, you have no god other than He, and do not give short measure and weight. Surely I see you in prosperity and surely I fear for you the punishment of an all-encompassing day. And O my people! Give full measure and weight fairly, and defraud not men their things, and do not act corruptly in the land, making mischief."
(Surah Hud 11: 84-85)
A person who short-weighs is not a Momin
According to the Quranic ayats, one who resorts to short weighing and defrauding does not believe in the Day of Judgement and the Hereafter. If the person had any belief in the Hereafter, he would know that, even if he succeedes in fooling people, he would never be able to hide his fraud from the Lord of the worlds; he would realise that on the Day of Judgement he would have to account for whatever he has earned by defrauding and make good the loss.
A butcher who was an idol-worshipper used to give more than the prescribed weight. When people asked him the reason for this he pointed up towards the top of the wall and said, "I give more because of him." When people looked up they saw an idol installed there. Another idol-worshipping shopkeeper was prominent for his habit of casting a glance at the idol before he proceeded to weigh some goods.
When Hazrat Yusuf (a.s.) and Zulekha were alone in the room, Zulekha covered the idol with a cloth. Hazrat Yusuf (a.s.) asked her,
"Why have you covered the idol?"
She said, "I feel ashamed before it!" Hazrat Yusuf (a.s.) said,
"You feel ashamed before a lifeless idol created by men, when it has no power of understanding. How can I not feel ashamed before the Almighty Lord Who is ever present and all-seeing?"
Saying this he fled from that place and saved himself from fornication.
It is a great pity that idol worshippers are ashamed to commit sins in view of their idols, which are lifeless objects, whereas Muslims have no qualms in commiting sins before Allah (a.j.) for Whom nothing is hidden in the heaven and the earth.
Five sins and their punishments
The following tradition has been recorded from the Holy Prophet (s.a.w.s.) in the book Tafseer Minhajus Saadeqeen According to this tradition there are five types of sins which bring about five types of calamities.
"When the people of a vicinity break promises and oaths, Allah makes their enemies to reign upon them.
When people order against the revealed Divine commands, poverty (certainly) is widespread.
When immorality is practised openly deadly diseases certainly increase.
When people short-weigh and short-measure then there is a decrease in agricultural output. (Decrease in livelihood) and there is less rainfall."
Advice of Amirul Momineen Ali (a.s.) for the businessmen
Whatever Ali (a.s.) found himself free from the administrative work, he used to go to the market place and announce,
"O people! Fear Allah! Weigh and measure with justice. Do not cheat people (by giving less) and do not spread corruption in the earth."
One day Ali (a.s.) saw a saffron seller short-weighing. He had applied oil to his hand and very cunningly he applied it to the pan of the balance which held the saffron. Ali (a.s.) picked up the saffron from the balance and said,
"First rectify your balance, then if you like you can give more than that."
Between mountains of fire
The Holy Prophet (s.a.w.s.) says:
"One who does Khayanat in weighing and measuring is thrown into the lowest section of Hell. There he shall be placed between two mountains of fire. He will be told to weigh those mountains. He will be busy in this forever."
The following incident is recorded in the book Tafseer Minhajus Saadeqaen:
A person by the name of Malik went to visit a friend who was sick. Malik says, "I saw him in a deplorable condition. He was screaming, 'Two Mountains of fire are going to crash upon me.' I told him, 'It is only an illusion!' He said, 'No, it is true! Because I have two different balances. With one of them I used to short-weigh while selling and with the other I weighed more while buying. I am punished for this so soon!'"
Short changing is also haraam
As it is haraam to short-weigh it is also haraam to short-measure like measurement of cloth or land which are sold by measure, must not be short measured. It is absolutely haraam. In the same way those items which are sold by number, like eggs or fruits; if someone sells them to a person and gives less than the specified quantity, he is counted among those who short-weigh and short-measure. Shaykh Ansari has mentioned it in his book Makasibul Muharrama.
The Seller who cheats is a debtor of the buyer
The amount of goods given less by the seller is owed to the buyer. It is obligatory to give the balance amount to the buyer. If the buyer is dead he must give it to his heirs. If he does not know the buyer he must with the permission of the Jurist pay a similar amount as sadqa on behalf of the buyer.
If the seller does not know how much less he has given, he must give him some amount that will satisfy the buyer. If the buyer is dead he must satisfy his heir. If the buyer is unknown the Mujtahid must be satisfied.
Defrauding is like selling short
It is short weighing and short measuring when the seller gives less without the knowledge of the client. The buyer does not realise that he is being given less than the stipulated quantity but it is defrauding when the seller sells some goods of an inferior quality and makes it out to be of a good quality. In this case too the buyer is unaware of being cheated.
The seller may also adulterate the goods. In this case there is no short weighing but it is haraam all the same, because it is a kind of fraud. For example a grainseller adulterates 95 kg of wheat with 5 Kg of mud and sells it as a hundred Kg of wheat; or a milkman adulterates milk by adding water. Similarly a shopkeeper sells a kilo of ghee but surreptitiously puts a quarter kilo of stone beneath the layer of ghee. A butcher commits a fraud if he adds more than a reasonable amount of bones while selling meat. Vegetable sellers increase the weight of vegetables more by pouring water over them than required. All these types of frauds are included among the sin of underweighing, even if the seller is weighing the adulterated goods accurately.
Adulteration is haraam
To mix an inferior quality of wheat with one of a good quality or to adulterate pure ghee is also haraam. Shaykh Ansari says in his book Makasibul Muharrama, "The tradition prohibiting adulteration is Mutawatir."
Shaykh Sadooq has recorded the prophetic tradition:
"One who sells adulterated goods to Muslims is not from us. He will be raised with the Jews on the Day of Qiyamat, because an adulterater is not a Muslim."
The Holy Prophet (s.a.w.s.) said,
"One who gives us adulterated goods is not from us."
He repeated this sentence thrice then said,
"And Allah will remove barakat from the livelihood of the Muslim brothers. (Allah) will destroy his economy and leave him upon his own condition."
(Iqaabul Aamaal)
An edifying incident is mentioned on page 309 of the book Daarus Salaam by Aqae Iraqui: The respected Aqae Abdul Husain Khawansari has related to me the following incident: "An honest perfume seller of Karbala had fallen sick. He tried the treatment of every doctor in the town but it was of no use. He spent all his property for his treatment but he was not cured. One day I went to pay him a visit. I saw him perturbed. He was instructing his son to sell off the household items. He was saying, 'Sell off everything! I do not want anything. Either I will die or be cured!' I asked him, 'What do you mean?' He sighed and answered, 'At the beginning of my career I was not so rich. During that time an epidemic fever broke out in Karbala. The doctors prescribed lime juice as its cure. Since the disease was widespread there was a great demand for limejuice. I began to adulterate limejuice by mixing yoghurt in it. I sold it at a very high rate. Gradually the stocks of limejuice with the other shopkeeper were finished. They began to direct their customers to me. Soon the stock of limejuice in my shop was also sold out. Now I began to sell only yoghurt by adding colour and a sour material to it. I sold this concoction as limejuice. My coffers became full and I continued to amass wealth. Today I find that all this property is of no use to me. My disease is incurable. So I wish to get rid of all the things that I obtained in this haraam manner, in the hope that after doing this, I may be cured.' Not much time had elapsed after this incident when the perfume seller departed from this world. He was definitely indebted to those whom he had sold the adulterated limejuice."
Hazrat Imam Muhammad Baqir (a.s.) says:
"One day the Holy Prophet (s.a.w.s.) was passing through the bazaar of Madinah. He (s.a.w.s.) told a wheat seller, 'Your wheat is of a good quality.' Then he put his hands inside the pile and found inferior quality of wheat below He said, 'I see that you have gathered the provisions of Khayanat and adulteration.'"
(Iqaabul Aamaal)
Allamah Hilli says that a man asked Imam Ja'far as-Sadiq (a.s.), "If a person has two types of goods one is of a superior and expensive quality and the other is of inferior and cheap quality, can he mix these two and sell at a special rate?"
Imam (a.s.) replied,
"It is not correct for him to sell the adulterated goods to Muslims. However (there is no harm) if he informs them (of the adulteration)."
(Iqaabul Aamaal)
Dawood Ibne Sujaan asked Imam Ja'far as-Sadiq (a.s.): "I had two varieties of musk. One was wet, the other dry. I sold the wet and fresh musk but no one was prepared to buy the dry one at the same rate. Is it permitted for me to make it wet so that it is sold out?" Imam (a.s.) told him,
"It is not allowed. However if you inform the buyer that you have made it wet, it is another matter."
Giving less in the rights of Allah and Prophet (s.a.w.s.)
People have been ordered not only to refrain from defrauding each other, but they must also not cheat and defraud while fulfilling their obligations towards Allah, the Holy Prophet (s.a.w.s.), the Holy Imams (a.s.) and all the creatures.
Allah is not deficient while fulfilling the rights of people. He has taken upon himself to give sustenance to one and all. He bestows man with unlimited favours. He listens to his entreaties and fulfills his wishes in keeping with his well being. So it is incumbent upon man to be faithful in fulfilling his duties towards Allah. Man can do this by being thankful to Allah for His blessings, by obeying His commands by carrying out all his obligations. Thus one who succumbs to Satan and his own selfish desires, has disobeyed Allah and he has not fulfilled Allah's right. His prayers are not answered immediately, he becomes impatient and does not realise that he himself is deficient in fulfilling Allah's rights. Allah (a.j.) says in the Holy Quran.
"...and be faithful to (your) covenant with Me, I will fulfill (My) covenant with you."
(Surah Baqarah 2:40)
It is nothing but His Beneficence that inspite of our failings Allah listens to our prayer.
Hazrat Imam Zainul Aabedeen (a.s.) says in Dua Abu Hamza Thumali:
"All praise be to Allah Who responds to my call. Whereas when He calls me, I am lazy in my response. All praise be to Allah Who gives me whatever I ask Him. Though when He asks me for a loan I am stingy. (All the good deeds are a loan to Allah. He shall repay men on the Day of Qiyamat).
And all praise for that Allah who sees my infamies but acts magnanimously (He does not send immediate punishment). He is so forgiving as if I have not committed a single sin."
What you desire for yourself
Saadi Shirazi says in a couplet,
"You usurp the property of Muslims but when someone usurps yours you protest and claim that no one is a Muslim anymore."
If one desires not to be cheated by others one must be honest in ones dealings with others. Justice demands this. The traditions also state that one must wish for others what one desires for oneself.
Justice and equity is best
Imam Ja'far as-Sadiq (a.s.) says:
"Three actions are the best. People should receive complete justice from you so much so that you desire for them what you desire for yourself. You must co-operate monetarily with your brothers in faith. You must remember Allah in every condition. That remembrance is not merely Subhanallah (Glory be to Allah) or Alhamdo Lillah (Praise be to Allah), (it is remembering Allah, always). When some duty comes upon you which Allah has ordered, you must fulfill it, and when some prohibited act comes before you; leave it."
(Al Kafi)
The scales of justice
Amirul Momineen Ali (a.s.) advises his son Imam Hasan Mujtaba (a.s.) in his will:
"O my child, make yourself the measure (for dealings) between you and others. Thus, you should desire for others what you desire for yourself and hate for others what you hate for yourself. Do not oppress, as you do not like to be oppressed. Do well to others, as you would like good to be done to you. Regard bad for yourself whatever you regard bad for others. Accept that (treatment) from others which you would like others to accept from you."
(Nahjul Balagha)
Everything has a measure
In Surah Hadid, Allah, the Almighty says:
"Certainly We sent Our apostles with clear arguments, and sent down with them the Book and the balance that men may conduct themselves with equity."
(Surah Hadid 57:25)
By the word 'balance', Allah means justice and Allah has appointed a 'balance' for everything. The belief of men and the truth and falsehood is also tested on this basis. The good and bad morals and qualities are also evaluated on the scales of justice. If men conform to justice in their speech and actions and belief and deeds they will be able to establish true justice in the world.
Ali (a.s.) is the scale of deeds
In one of the Ziarat of Amirul Momineen Ali (a.s.) we read:
"Peace be upon the balance and the scales."
Hazrat Ali (a.s.) is the measure for distinguishing truth and falsehood. He is the touchstone for differentiating between good and evil. He is the scale for evaluating morals and deeds. After the demise of the Holy Prophet (s.a.w.s.), the Holy Quran and Ahlul Bayt (a.s.), especially Ali (a.s.), is the channel for and the criterion of faith. By comparing the deeds and faith with the speech and actions of Ahlul Bayt (a.s.) we distinguish good from evil. If our belief and actions conform to the standards of Ahlul Bayt (a.s.) they are correct and if not then they are of no use.
Justice demands that we must not go to the extremes. We should neither exceed the limits nor remain deficient. The scales of justice are very accurate and can detect even the weight of a single strand of hair. After recognising the path of justice it is a formidable task to remain firm upon it. One who is successful in recognising the true path and wishes to follow it, is bestowed Divine help. It is this person who is proved correct by the scales of justice on the Day of Judgement. He crosses the difficultbridge of Sirat with ease and swiftness. One who is not just in this world is proved wrong in the Hereafter. He will stumble from the bridge of sirat and drop into hell. The noble Quran says:
"And there is not one of you but shall come to it, this is an unavoidable decree of your Lord. And We will deliver those who guarded (against evil) and We will leave the unjust therein on their knees."
(Surah Marium 19:71-72)
May Allah guide us upon the way of justice and equity. May Allah include us among the pious and enable us to be saved from falling into Hell.
The twenty-fifth Greater Sin is Consumption of Haraam. In the Quranic ayat 'Akal-e-soht' is translated as eating of what is unlawfully acquired. Hence the word "eat" is not restricted to consumption of edibles but includes the use of any and every article, which has been acquired unlawfully or by illegal means.
Consumption of haraam is listed as greater sin in the Holy Quran and the tradition of Imam Reza (a.s.) from the book Oyoon-e-Akhbare Reza and the tradition of Imam Ja'far as-Sadiq (a.s.) as related by Amash. In the following ayat of Surah Maidah:
"And you will see many of them striving with one another to hasten in sin and exceeding the limits, and their eating of what is unlawfully acquired; certainly evil is that which they do. Why do not the learned men and doctors of law prohibit them from their speaking of what is sinful and their eating of what is unlawfully acquired? Certainly evil is that which they work."
(Surah Maidah 5:62-63)
In this ayat Soht refers to the acquirement as well as use of anything acquired unlawfully. The dictionary meaning of 'Soht' is 'to be finished' or 'to be lost'. The thing that becomes 'Soht' is that which is finished off or used up. The use of this word signifies that unlawfully acquired things do not have any 'barakat' and will not benefit the possessor in any way. It should be evident that this unlawful practice would include usurping another's property, taking interest and all activities that are undertaken using the money obtained by illegal means. The use of article brought with such money is also unlawful.
Sayyid Abu A'laa Maududi writes in his book Islam and the Economic Problems: "Islam permits the people to obtain their livelihood in any way they opt. They have their freedom to choose their occupation and obtain the necessities of life, but Islam does not allow them to earn in a manner that is harmful for society. It should also not endanger the social equilibrium. Islamic laws not only prohibit the consumption of wine and intoxicants and gambling, but also prohibit any action that causes these sinful things to come into being. For example to undertake cultivation of grapes for wine making, to manufacture wine, to transport, to buy or sell wine, to give it and to use it; all these are haraam too. Islam does not consider free-sex to be a human activity. Islam has prohibited dancing. It does not consider singing and playing musical instruments lawful professions. Any activity that is beneficial to one person but harmful to someone else or to society is considered haraam in Islam. All such types of actions carry a heavy punishment in this world and a dreadful retribution in the hereafter e.g. bribes, stealing, interest-taking, adulteration and frauds, unlawful hoarding of edible items to hike their rates making life difficult for the poor. In the same way all such actions that instigate wars and those occupations that do not require effort, making the person rich by luck, such as lottery. All these occupations are haraam."
Shaykh Sadooq (r.a.) has narrated a tradition from Imam Ja'far as-Sadiq (a.s.) that he said,
"Any action of Khayanat with the Imam is 'Soht'."
There are many types of 'Soht'. 'Soht' includes that which is received from the tyrant rulers, bribe to Qazis, payment for prostitution, wine, alcoholic nabid (a kind of wine), and interest.
"To bribe a Qazi (for giving a favourable judgement) is to disbelieve in Allah the Almighty."
(Khisaal of Sadooq)
A similar kind of tradition is to be found in the book Al Kafi, Imam Muhammad al-Baqir (a.s.) says:
"'Soht' means the payment for corpse, for dogs and wine. It also denotes the fee paid to a prostitute, the bribe given to a judge and the payment to a Kahin."
(Wasaelush-Shia)
Although consumption of every type of haraam is 'Soht', some of them are denounced more emphatically and their punishment is more severe. The worst of these is taking bribe. One who accepts bribe is just like a disbeliever and the Holy Prophet (s.a.w.s.) has cursed him. The one who takes interest is equated to the one who has made war against Allah (a.j.) and the Prophet (s.a.w.s.).
Types of bribe
There are three types of bribes:
(1) Bribe paid to a judge for a favourable judgement.
(2) Bribe for 'haraam' work.
(3) Bribe for permitted things.
The first kind of bribe comprises of money etc. paid to a judge so that he may give a favourable judgement. The judge may also be bribed for pointing out the loopholes whereby one could weaken the position of the opposite party. It is absolutely haraam even if the one who is paying the bribe is right and the judge delivers the correct judgement. The paying and receiving of this type of bribe or whatever may comprise this bribe is also haraam and a Greater sin. A person who pays or accepts such a bribe deserves the curse of Allah.
The Holy Prophet (s.a.w.s.) says:
"May Allah curse one who gives a bribe, one who accepts it and one who acts as an agent between them."
(Safinatul Behaar)
Elsewhere, the Holy Prophet (s.a.w.s.) says:
"Beware of bribe! It is nothing but disbelief. The one who is involved in bribe will not even smell the fragrance of Paradise."
(Safinatul Behaar)
Bribe is not only a sin for the guilty but it constitutes assisting in sin, the one who accepts. However if one is compelled to bribe and without it he cannot obtain his rights, it is another matter, but it is still haraam for one who accepts it. Similarly it is also haraam to reach someone by bribing. The one who acts as an arbitrator or agent and takes an active part in negotiating bribe is also a sinner.
This type of bribe is absolutely haraam whether paid in cash or kind. Bribe may also comprise of offering some services to the judge like stitching his clothes free of cost or constructing his house etc. Bribe can even be paid in words. One may praise a judge unduly to please him and thus influence him to give a favourable ruling.
Bribe in the name of khums and gift
Even if a bribe is paid in the name of khums and gift, it is haraam. For example to give someone a gift or a present with the intention of bribing him i.e. with the intention that by giving a gift the beneficiary will act to benefit the giver in some way. Similarly khums and zakat given with the intention of bribing is also haraam. It will not be considered as Khums or Zakat and it will be obligatory for one who has paid Khums or Zakat with such intentions, to pay it once more. Khums and Zakat are to be given with the purest of intentions, that of achieving nearness to Allah (a.j.). There can be no other motive. One of the signs of Qiyamat is mentioned in traditions in the following words:
"Bribes will be accepted as gifts."
The second kind of bribe is the bribe paid to someone, a tyrant or an oppressor for inflicting harm on a third person. The Holy Quran says:
"And do not swallow up your property among yourselves by false means, neither seek to gain access thereby to the judges, so that you may swallow up a part of the property of men wrongfully while you know."
(Surah Baqarah 2:188)
In this ayat believers are warned not to use anything obtained illegally and not to use their wealth to bribe those in power in order to obtain anything unlawfully.
Paying a bribe for obtaining ones rights
The third type of bribe is one that is paid for something lawful. Like paying someone in order that he may help in obtaining ones rightful property or to escape from a tyrant. Bribing for lawful things is allowed.
In a tradition Imam Muhammad al-Baqir (a.s.) was asked about the person who bribes the occupant of a house to vacate it so that the owner may himself use it as his residence. Imam (a.s.) said that there was no harm in it. However the house mentioned in this hadith does not belong to the person who pays the bribe. It is a trust property or a public place like, the mosque, madrasa, lane, by-lane, and bazaar etc. Thus if someone is occupying a place in the mosque or a student is living in a room in the public hostel, he can be bribed to vacate it.
Hafsul Amr enquired from Imam Ali an-Naqi (a.s.): "The ruler has appointed agents to purchase our agricultural produce. Is it allowed for us to bribe those agents so that we may remain safe from the ruler's tyranny?"
Imam (a.s.) replied,
"There is no harm in it. You may pay whatever you think fit."
Then Imam (a.s.) asked:
"Do you have to supply lesser quantity of grain to the ruler after you have paid the bribe to these agents?" "Yes," said the questioner.
"You have invalidated your bribe (i.e. you have made the bribe haraam)," Imam told him.
(Wasaelush-Shia)
Thus it is clear that bribing to cause someone to be oppressed is haraam but it is permitted in order to save oneself from oppression.
Accepting a bribe for doing something lawful
It must however be made clear that though it is permitted to gift something for lawful acts or to save oneself from oppression, it is detestable to accept such gifts. Because these gifts bear a close resemblance to bribe. Also, the habit of bribing for lawful things may make a man habitual and he may be inclined to pay bribes for unlawful purposes too. One is prone to error. If a pious person refrains for Makrooh (detestable) bribe he will never be prone to the haraam bribe. The following tradition supports this fact.
"Those are they for whom Allah does not desire that He should purify their hearts; they shall have disgrace in this world, and they shall have a grievous chastisement in the hereafter. (They are) listeners of a lie, devourers of what is forbidden."
(Surah Maidah 5:41-42)
Explaining this ayat, Amirul Momineen Ali (a.s.) says:
"It is that person who fulfills the wish of his believing brother and accepts a gift in return."
Shaykh Ansari says in the book, Makasibul Aamaal: "There are many explanations of this tradition. One of it is that we must absolutely refrain from accepting gifts in return for favours done that we may never fall into the trap of accepting bribe."
Characteristics of those who eat haraam
A typical feature of earnings by haraam means the money and wealth so acquired. It is narrated from Imam Ja'far as-Sadiq (a.s.) that he said,
"The madness of (acquiring or constructing) buildings. Mud and water occupies the head of one who earns by unlawful means."
(Behaarul Anwaar)
It means that a person with unlawful earnings is constantly worried about his wealth and strives to convert it into fixed property so that it is not lost. The buildings of mud and water neither benefit the owner in the Hereafter nor do they provide peace in this world. Such a person spends every bit of his wealth for pieces of land. Finally, Allah orders the land to swallow all his wealth.
Unlawful gains are harmful both from the worldly point of view as there is no barakat in such gain and also from the spiritual point of view as these form obstacles in the acceptance of acts of worship.
The Holy Prophet (s.a.w.s.) says:
"When a single morsel of haraam enters the stomach of a person and becomes a part of his body, the angels of the sky and the earth curse him."
(Safinatul Behaar)
The Messenger of Allah has also said:
"Acts of worship accompanied by the acquiring of haraam are like buildings that rest on (crumbling) sand."
(Safinatul Behaar)
They lack a firm foundation and hence are of no use. Such buildings can never remain intact and are soon destroyed.
Invocations are not accepted
The noble Messenger of Allah (s.a.w.s.) has remarked,
"Prayers of the one who eats a single morsel of haraam are not accepted for forty nights nor are his invocations accepted for forty days. Every piece of flesh that grows by consuming haraam is most deserving of being burnt in hell-fire and even a single morsel consumed causes some growth of flesh."
(Safinatul Behaar)
The Holy Prophet (s.a.w.s.) has also stated,
"One who wishes to have his invocations accepted must keep aloof from haraam food and unlawful earnings."
(Al Kafi)
A man asked the Holy Prophet (s.a.w.s.):
"I wish for the acceptance of my deeds." The Prophet (s.a.w.s.) told him,
"Keep your food purified from haraam and do not let any unlawful thing enter your stomach."
(Al Kafi)
The Almighty Allah revealed to Janabe Isa Ibne Maryam (a.s.):
"Inform the oppressors of Bani Israel that they must not call Me and invoke Me as long as they are involved in unlawful earnings. And if they call Me and invoke Me in this condition, I will curse them."
(Al Kafi)
Hardening of the heart
Whatever man eats is like a seed sown in the earth. If the seed is good it will bear sweet fruits. If the seed is bitter and poisonous, so is the fruit that grows from it. If the food is good and lawful it has beneficial effects on the heart. It is purified from every blemish and impurity. The organs of this person perform good deeds, but if one consumes food obtained through unlawful means it causes the heart to harden. The symptoms are soon obvious. A hard hearted person is unaffected by any kind of preaching and remains absolutely impenitent. Such a man is not moved even when he sees clear injustice. No good can be expected from him. Not a trace of goodness is visible in his dark heart. He refuses to accept what is right and is immune to every kind of moral advice. The tragedy of Karbala is the perfect example of this phenomenon. These are the characteristics clearly pointed out by Imam Husain (a.s.) in his address to the troops of Ibne Saad:
"You bellies are filled with unlawful (wealth). Now you will not accept the truth. Why don't you deal with justice? Why don't you listen to me?"
(Nafasul Mahmoom)
In other words, when a person's heart becomes hard and darkness occupies it.
During the rule of the Abbasid King Mahdi, there was a Qazi named Shareek bin Abdullah. He was an honest and upright Judge, till the time he was summoned by the king. The Abbaside King forced him to opt one from three things
(1) Either he should accept the post of the Royal Qazi
(2) He should become the teacher of the King's son
(3) or he should dine with the king, at least once.
The Qazi thought that easiest of the three was to eat with the king once, so he agreed to dine with King Mahdi. The ruler ordered the royal chef to prepare the best of the dishes. When the Qazi had eaten the food, the cook remarked to his companions, "Now, Qazi Shareek will never achieve salvation."
The prediction came to be true. The haraam food affected the Qazi to the extent that he also accepted the other two conditions. He became the special Qazi of the King and the tutor of his children. It is said that Qazi Shareek used to be very strict and unflinching with the treasurers while obtaining his share from the royal treasury.
One day the treasurer protested, "You have not sold me grain that you act so ruthless in recovering its price." Qazi Shareek replied, "Yes, I have sold something more valuable! I have sold my religion."
One day a tray filled with delicious dishes was sent by Haroon al-Rasheed for Bahlool. Bahlool did not accept it. The servants of the king said, "It is not possible to reject the present of the Caliph." Bahlool, the wise, pointed towards the stray dogs and said, "Give it to the dogs."
The servants became angry and said, "You have insulted the royal gifts." Bahlool became silent then said, "Be quiet, if the dogs learn that this food is sent by the king, they will not touch it."
A morsel of halaal food
Eating haraam gives rise to every type of infamy. Whereas, the halaal morsel is the cause of every kind of goodness and charity. Numerous traditions praise the acquisition of livelihood through lawful means. For example the Holy Prophet (s.a.w.s.) says,
"Worship consists of seventy parts and the best part is earnings by lawful means."
(Safinatul Behaar)
The Messenger of Allah has also said,
"When a man eats halaal food an angel stands over his head and prays for his forgiveness till he finishes eating."
(Safinatul Behaar)
The Prophet has remarked in a similar vein,
"One who strives to earn his livelihood in a lawful manner from morning till night, achieves salvation."
(Safinatul Behaar)
The Holy Prophet (s.a.w.s.) states that Allah has said:
"I will not care on the Day of Qiyamat from which door he enters Hell, the person who does not care from which door he earns money in this world."
(Behaarul Anwaar)
The Prophet of Allah (s.a.w.s.) has also mentioned the following tradition:
"One who does nor care from which way he earns wealth in this world will be sent to Hell in Qiyamat and I shall not care from which way he is made to enter it."
(Behaarul Anwaar)
Allah does not provide unlawful livelihood
Maybe, those who do not refrain from unlawful earnings are afraid that if they give up this chance they may suffer poverty and deprivation. This is just a false notion. It is merely a satanic thought because it goes against the Divine promise of lawful sustenance repeatedly mentioned in the Quran. It is unreasonable, as it is contrary to the numerous traditions of Ahlul Bayt (a.s.). The Almighty Allah has promised to provide sustenance to each and every creature. The Divine promise is never unfulfilled. Allah only tests the believers to see if they strive patiently to acquire lawful livelihood or act impatiently and deviate. Whatever sustenance is decreed is surely received. It is only the impatience of the people and the weakness of their faith that makes them leave the path of lawful earnings and stray towards illegal occupations. When a person does this he fails the test. Allah deprives this person of the lawful sustenance that was in his destiny. Allah has not decreed for anyone unlawful sustenance.
No one dies without receiving his decreed sustenance
On the occasion of the last Hajj, the Holy Prophet (s.a.w.s.) addressed the Muslims in the precincts of the Masjidul Haraam:
"Know that, the trustworthy Spirit (Jibraeel) has informed that no creature dies till he has received his destined sustenance.
Then fear Allah and do not vie among yourself in earning your livelihood. If there is some delay in receiving your sustenance, it must not be that you pursue it in disobedience to Allah. Verily, Allah has distributed only halaal sustenance to every creature. He has not destined haraam sustenance to anyone.
Hence one who fears Allah and acts with patience, Allah shall bestow upon him His sustenance through lawful means. But one who abandons purity and takes up haraam methods, a similar amount shall be decreased from his lawful sustenance. He shall be made to account for his haraam earnings on the Day of Qiyamat. Allah the Almighty has prohibited it in the following words: "...and do not substitute worthless (things) for (their) good (ones)..."
(Surah Nisa 4:2)
It should not be that in a hurry to obtain livelihood you obtain it through illegal ways, before Allah provides you with the halaal sustenance that He had decreed for you."
(Al Kafi)
Deprived of halaal food
One day, Amirul Momineen Ali (a.s.) reached the mosque and alighted from his mule. He entrusted his animal to a person and entered the mosque. The man pulled out the saddle and ran away leaving the mule unattended.
When Ali (a.s.) returned, he was holding two dirhams. He intended to give them to the man who had looked after the mule. He found the mule without the saddle. After reaching home he gave the same two dirhams to his slave for the purchase of another saddle. The slave went to the bazaar found the same rein. It came to be known that the thief had sold the stolen rein for two dirhams. It was the same amount that he could have earned in a lawful way. When the slave related the whole incident to Ali (a.s.), he said,
"By abandoning patience man converts his halaal sustenance into haraam. Though he does not receive more than what is in his destiny."
(Lailail-Akhbaar)
Non-fulfillment of another's right, without a valid excuse is the twenty-sixth greater sin. If a person who has some right upon someone and demands his right but the one on whom the obligation rests does not fulfill the right, even though he is capable of it, then this person has committed a greater sin. Non-fulfillment of rights as a greater sin is according to Nass (Holy Quran and hadith). The frequently quoted tradition of Amash from Imam Ja'far as-Sadiq (a.s.) and the hadith of Imam Reza (a.s.) as narrated by Fazl ibn Shazaan also include it in he list of greater sins.
Hazrat Imam Ja'far as-Sadiq (a.s.) says:
"One who does not fulfill the rights of a believer (and does not repay what he owes to him), on the Day of Judgement, Allah will make him stand for five hundred years and blood or sweat will ooze through his body. An announcer from Allah will announce, 'This is the oppressor who had not fulfilled the right of Allah.' Then after being admonished for another forty days it will be ordered for him to be thrown into the fire (those who admonish him will be either believers or prophets).
An explanation of this hadith by Allamah Majlisi states that if the sinner's oppression is not of a very serious nature, sweat will flow from his body and if his oppression is of a serious nature, blood will seep out of him.
(Miratul Oqool page 361)
Allamah Majlisi further says, "This tradition proves that the right of a believer is the right of Allah. Allah has ordered to restore a believer's right. Disobeying this command is just like usurping the right of Allah. The tradition further states:
"On the Day of Qiyamat a caller will announce, 'Where are those who oppressed and tortured the friends of Allah?' Some people will stand up. They will not be having any flesh on their faces. It will be said, 'These are the ones who tortured the believers, bore enmity towards them, dealt harshly with them due to their belief.'"
It will be ordered that they may be thrown into Hell. Further, Imam Ja'far as-Sadiq (a.s.) swears by Allah the Almighty and says that these people had the same belief as the believers, but they did not respect their rights and also exposed the secrets of the believers.
(Wasaelush Shia)
And Imam Ja'far as-Sadiq (a.s.) has remarked:
"A believer who has something and another believer is in need of it; if the former does not fulfill the need of the needy momin he will not ever taste the food of Paradise nor drink the Raheeq-al-Makhtoom (A drink of Paradise)."
(Behaarul Anwaar)
Demand for fulfillment of rights on the Day of Qiyamat
Hazrat Sajjad (a.s.) says:
"On the Day of Qiyamat a person will be caught by his hand and the people of Mahshar (Gathering) will be told that anyone who has any claim upon him may secure his right."
(Layali Al Akhbaar)
On the Day of Qiyamat, this would be the most difficult ordeal to face. Every person will avoid meeting his relatives and friends and will be in constant dread of the demands they may make of him. Perhaps this is the predicament alluded to in the following Quranic ayat:
"The day on which a man shall fly from his brother, And his mother and his father, And his spouse and his son..."
(Surah Abasa 80:34-36)
Actual poverty
The Holy Prophet (s.a.w.s.) asked his followers,
"Do you know who is the actual destitute?"
"One who has no money, property or treasure," they replied. The Holy Prophet (s.a.w.s.) said,
"There is no destitute in my Ummat except the one who has performed the prayers, kept fasts, paid the Zakat, performed Hajj but on the Day of Judgement a person will come whose property he has usurped, and a person whose blood he had shed and another one whom he had beaten. Then the good deeds of this man will be transferred to those who have rights upon him. If his good deeds are exhausted before all the rights are fulfilled then the sins of those who have rights upon him will be added to his sins. Then he shall be thrown into Hell."
Non-payments of debts and transgressing of rights
Anything owed by a person is a debt incurred by him which should be repaid. The full amount of the money loaned has to be paid as per the agreed payment schedule. The same applies to an item that is sold but not delivered. The seller is obliged to deliver the goods to the client on time. Similarly the one who has taken something on hire is responsible for it. A husband is indebted to his wife till he pays the dower amount. The husband is also responsible for the maintenance of his permanent wife. The laws of guarantee are numerous and available in the books of jurisprudence. We shall only discuss the topics that are relevant for our purpose.
Loan for a fixed period and loan without time limit
Loans are of two types. One that is not bound by a time limit or when the date of payment has already expired. The other type of loan has a fixed time for repayment. The creditor cannot demand the loaned property before the due date. If the loanee dies all debts owed by him become due immediately. For example if a person has borrowed something for a year, but dies before the end of the year, his heirs must pay his loan immediately. It is no excuse that the time of payment has not come. But if the creditor dies his heirs do not have the right of demanding the loan before time.
It is Compulsory to repay a Debt
If the time of payment is due or if the creditor demands back his loan the debtor is obliged to repay immediately. The loan must be repaid even if the debtor has to sell his excess belongings or even if he has to sell his things at less than the market value. However if he is compelled to sell at a throwaway price then it is not obligatory for the debtor to sell those things. If the debtor does not have anything like a carpet, clothes, household items, shop etc. that he can sell and repay the loan, then he must take up a job that is suitable for his position. In any case he is under an obligation to clear his due.
Carelessness and sloth with regard to the repayment of loan are absolutely haraam; and a greater sin. If the debtor possesses only those things that are necessary for his life; like a modest house, carpets and clothes etc, then it is not necessary for him to sell them to repay his loan. The creditor cannot compel the debtor to sell off these things. However, if the debtor wishes to sell them of his own accord, he can do so, and the creditor is allowed to accept the loan. But it is desirable that the creditor respites the debtor till the time Allah makes him capable of repaying his debts.
It is related by Uthman bin Ziyad: "I informed Imam as-Sadiq (a.s.) that a person owed money to me and wished to dispose off his residence to repay me. Upon hearing this Imam (a.s.) said thrice:
"I seek Allah's refuge for you." (That you cause this poor man to sacrifice his dwelling place to pay).
Many similar traditions have been recorded in books of hadith. It is narrated that a famous companion of Imam Musa al-Kazim (a.s.) and Imam Reza (a.s.), by the name of Muhammad bin Abi Umair traded in cloth. It so happened that mounting losses pushed him to the brink of poverty. One of his debtors owed him 10,000 dirhams. When he learnt of the companion'smisfortune, he sold his house and brought the money to repay the amount that he owed. Muhammad bin Umair inquired if he had received the amount of 10,000 dirhams as inheritance. When he replied in the negative, he asked if he had received it as a gift from someone. Again he replied, "No, but I have sold the house where I lived, so that I can repay my debt to you."
Muhammad bin Umair related a saying of Imam Ja'far as-Sadiq (a.s.), prohibiting a creditor to force his debtor to sell his house and said, "By Allah, at present I am in need of each and every dirham but I cannot take a single dirham from this."
Actually Muhammad bin Abi Umair was a rich man having assets worth over 500,000 dirhams. His present state of poverty was because of his closeness to Imam Musa al-Kazim (a.s.). Due to this he was imprisoned for four years and lashed mercilessly. The tyrant Caliph confiscated whatever he had. May Allah have mercy upon such oppressed people. It is an established fact that if someone deprives a person of his rights then each day that passes makes him liable to a sin which is equal to collecting Ethesher (a 10% tax collected on orders of tyrant ruler).
Imam Muhammad al-Baqir (a.s.) says:
"The martyr in Allah's way is absolved of every sin except for the unpaid debt; which has no substitute. Repaying the debt is a must; or the creditor may forgo it. (otherwise even the martyr will be interrogated regarding his debts)."
(Wasaelush Shia Chap 4, vol.13, page 83)
Moreover, he (a.s.) has remarked:
"As soon as the first drop of a martyr's blood is spilled all his sins are forgiven. Except for the unpaid debt, which is not excused. Its forgiveness can be achieved only by repaying (the debt)."
(Wasaelush Shia chap.4, Vol.13, page 85)
The gravity of all this can be ascertained from the incident when a person from the Ansars departed from this world. He had left behind an unpaid debt of two dinars. The Holy Prophet (s.a.w.s.) refused to pray the namaz-e-Janaza till some of the relatives undertook the responsibility to repay the deceased's debt.
When Muawiya bin Wahab questioned Imam Ja'far as-Sadiq (a.s.) regarding this tradition, he (a.s.) replied:
"This is an authentic tradition and the Prophet's saying conveys the same meaning that people should derive lesson from it and understand the seriousness of debt. They should not regard it insignificant and must make it a point to repay their debts."
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.), Hazrat Ali (a.s.), Imam Hasan (a.s.) and Imam Husain (a.s.) were all having some debts when they departed from this world but they appointed their legatees who repaid their debts after their passing away. This hadith signifies that it is not prohibited to be in debt but to ignore or to delay the repayment of debt is haraam. It is not even advisable to travel (for pilgrimage) to Mecca and Madinah without first clearing one's debts.
Abu Samaniya asked Imam Muhammad al-Baqir (a.s.) regarding this, "I wish to go and settle down in Mecca or Madinah but I am in debt to some of the people here." Imam (a.s.) replied:
"Go home! First repay your debts. It must not be that you die in this condition and meet your Lord while you are in debt. For a believer never does Khayanat (misappropriation of trust)."
(Al Kafi vol.5 page 94)
Not repaying debts is Khayanat to all
The above hadith makes it amply clear that not fulfilling someone's right or delaying the repayment of debt is equal to Khayanat. Consequently, all the traditions that are recorded in the chapter on Khayanat are equally applicable here and the Prophetic traditions have described Khayanat as a kind of oppression.
The Holy Prophet (s.a.w.s.) has announced:
"A Muslim who inspite of being capable delays the repayment of debt has committed oppression upon all the Muslims."
(Wasaelush Shia Vol.13 page 97)
Not repaying a debt is a kind of oppression upon the creditor. In fact such an act is an oppression upon the Muslims in general. This is so because, upon seeing, that this person inspite of being capable is not repaying the debt, others who are capable of lending money will be disinclined to do so, for fear of meeting with a similar fate. Lending is a meritorious act and anyone who is responsible for discouraging it, has indeed oppressed all Muslims.
Hazrat Imam Ja'far as-Sadiq (a.s.) has said:
"May Allah curse the one who closed the door of good actions. And it is the one who is not thankful to the one who has done some good towards him. Consequently the doer of good refrains from doing the same favour towards someone else in the future."
(Behaarul Anwaar, Wasaelush Shia)
Certainly, lending is an act of goodness. Not repaying or causing undue delay in the repayment is disregarding this favour. Also it can result in the creditor avoiding lending his money to anyone else in future.
Method of lending and borrowing
Authentic traditions have greatly emphasised the rewards that are promised for the one who lends. On the other hand, those who avoid this good deed have severe punishment in store. Sometimes it is obligatory to lend and not prohibited to lend. And sometimes it is Mustahab (recommended) to lend and Makrooh (detestable) not to lend.
Generally it is detestable to borrow but if the need to do so is genuine the detestibility is scaled down. The magnitude of detestibility is directly proportional to the actual gravity of the situation. In fact under some circumstances it is obligatory to borrow. For example it becomes obligatory to borrow to save one's life or honour. If a person knows that he will not be able to repay the loan, then precaution demands that he should refrain from borrowing unless he is in dire need.
Rewards for lending-punishment for not lending
The blessed Prophet of Allah (s.a.w.s.) said:
"One who lends to his believing brother and gives him respite till he is capable of repaying it, the amount that he has lent is considered as Zakat and the Angels pray for him and seek Divine mercy for him till this (amount) is returned."
(Wasaelush Shia Chap.6 Vol.13 page 86)
The Messenger of Allah (s.a.w.s.) has also remarked:
"If one lends to his Muslim brother, it is for his own (good). Every Dirham that he lends will qualify him for a reward equivalent to Mount Ohud (which is in Mecca) and Mount Sinai. And if he is lenient in collecting his debt he shall cross the bridge of Siratlike a stroke of lightning. And if a Muslim brother relates his woes before a person and this person does not lend him any money, the Heaven shall be denied to him on the Day of recompensing good doers."
(Wasaelush Shia)
It is obligatory to have the intention of repaying ones debt
The person who is not in a position to repay his debt must necessarily have the intention to repay it as soon as he is capable of doing so. This intention should have the first priority with him. In fact the intention to repay should be there right at the outset. A person who takes a loan without having the intention to repay it is considered a thief. The following are the traditions of Imam Ja'far as-Sadiq (a.s.) regarding the intention of a person who takes a loan:
"One who takes a loan but does not care to repay it, is a thief."
(Wasaelush Shia chapter of Tejaarat)
He (a.s.) has also said:
"There are three kinds of thieves, one who does not pay Zakat, secondly one who does not consider the amount of Meher (dower) payable to the wife as an obligatory debt and one who takes a loan but does not intend to repay it."
The respected Imam (a.s.) further said,
"If the debtor intends to repay the loan, the Almighty Allah appoints two angels to help him till the loan is repaid. But if he becomes careless of this intention he becomes deprived of Allah's blessings."
(Wasaelush Shia)
The Incapable Debtor Must be given Respite
Although it is allowed for a debtor to sell off his unnecessary belongings to repay his debts, the creditor is under divine obligation not to cause undue trouble. The creditor should give respite so that the loanee can easily repay the dues. Under these conditions if he condones his loan altogether, it will be considered a Sadaqah which will remain with Allah as his trust and he will continue to benefit from it forever.
The Almighty says in the Holy Quran:
"And if (the debtor) is in straitness, then let there be postponement until (he is in) ease, and that you remit (it) as alms is better for you, if you knew."
(Surah Baqarah 2:280)
Two important points can be derived from the Quranic verse quoted above. One, it is obligatory to give respite to a debtor who is incapable of repaying the loan. Secondly, it is more meritorious for the creditor to condone the loan completely.
Numerous traditions have mentioned these two points.
The Holy Prophet (s.a.w.s.) has said:
"Your debtor is not permitted to delay in repaying the loan if he is capable to pay it. In the same way you are not permitted to pressurise him unduly when you know that he is not in a position to repay you immediately."
(Wasaelush Shia)
The honourable Imam Ja'far as-Sadiq (a.s.) has been recorded to have said:
"Do not harass your Muslim brother with a demand to the repayment of debt when you know that he is not able to repay it. Because our exalted grandfather the Messenger of Allah (s.a.w.s.) has said that it is not permitted for a Muslim to harass his Muslim brother. And if a creditor gives respite to a loanee he shall become qualified to receive the shade (and protection) of the Almighty on the day when there will be no other shade."
(Wasaelush Shia)
It means that on the Day of Judgement such a person will receive special favours from the Almighty. The Masoom (a.s.) has also remarked:
"If one wishes that he be given refuge under Divine shade on the day when there will be no other shade, he should grant respite to his debtor and must not demand it (immediately), or should condone his loan completely."
(Wasaelush Shia)
Hazrat Imam Muhammad al-Baqir (a.s.) has said:
"There would be some people under the shade of the Arsh on the Day of Qiyamat such that their faces will be bright, their dresses and their chairs shall be glittering. Then an announcer will call: These are the people who did good towards the believers and gave respite to the incapable debtor till the time he could repay the debt."
(Wasaelush Shia)
Each Day of Respite Brings Rewards of Sadaqah
The trustworthy scholar of the Shias, Shaykh Kulayni (r.a.) has recorded that Imam Ja'far as-Sadiq (a.s.) is reported to have said:
"One day the Holy Prophet (s.a.w.s.) mounted the pulpit and after glorifying Allah and praising the prophets (a.s.) said: 'Those who are present are under the obligation to convey (what I say now) to those who are not present (in the assembly).'
Then He (s.a.w.s.) said:
'If one gives respite to his helpless debtor then till the time he receives his loan it is upon Allah to record the reward of Sadaqah in his scroll of deeds.'"
(Wasaelush Shia)
For each day of respite that a person gives his debtor he receives divine reward equivalent to the spending of the loan amount as Sadaqah. Several traditions on this subject could be quoted but the ones mentioned should suffice. It must be remembered that avoiding or delaying the payment of Khums and Zakat is also considered a failure to restore rights. Not paying Zakat is also a Greater sin according to the rulings of the Quran and hadith. We shall deal with it in a separate chapter.
Allah will Forgive
If a person dies before he has repaid his debt and the creditor has not been compensated for it from the belongings left by him; the creditor has not forgiven him his debt and provided the debtor has not been negligient about repaying, nor was the loan taken for an illegal purpose and also the person had every intention of repaying but was unable to do so. Under these circumstances according to traditions Allah (a.j.) by His Grace will compensate the creditor on the Day of Judgement.
Muhammad Bin Bashir came to Imam Ja'far as-Sadiq (a.s.) and told him that he owed a thousand Dinars to Shahab. He requested the Imam to persuade Shahab to respite him till the days of Hajj. So Imam (a.s.) summoned Shahab and said:
"You know that Muhammad Bin Bashir is among our followers. He owes you a thousand Dinars. This amount was not spent by him on himself. Rather it remained as a debt upon some people and he had to bear the loss. I wish that you will forgo your thousand Dinars."
Then he (a.s.) said,
"Maybe you are under the impression that his good deeds will be given to you in return of your loan?"
Shahab said, "Yes, I am under this impression." Imam (a.s.) told him,
"The Almighty Allah is Merciful and Just. If someone, in order to achieve Allah's nearness, worships Him on frigid winter nights and fasts on hot summer days, circles the Holy Ka'ba. Then do you think after all this Allah will take away his good deeds and give them to you? It is not so, His mercy is much more. By His munificence He recompenses the good deeds of a believer."
After listening to these words Shahab said that he has condoned his loan forever.
The Debtor Whose Good Deeds are Given to the Creditor
If the debtor is guilty of being lazy in repaying, or if he had taken the loan for an illegal purpose, or if he has delayed the repayment inspite of being capable of doing so, and if after his death his debt has not been paid nor has the creditor condoned him. Then on the Day of Qiyamat his good deeds equivalent to the loan amount shall be given to the creditor and if his good deeds are exhausted or insufficient to cover the amount, sins from the scroll of deeds of the creditor will be transferred to the scroll of the guilty debtor.
Some narrations have described this phenomena in clear words.
Imam Ja'far as-Sadiq (a.s.) has been recorded to have said:
"The most difficult time on the Day of Qiyamat will be when those eligible to receive Khums and Zakat will rise up and besiege the one who has not paid it. They will complain to Allah that this person has not paid the amount due to them from Khums and Zakat. Then Allah will transfer the good deeds of that person and give them to those who were eligible (for Zakat and Khums)."
Imam Ja'far as-Sadiq (a.s.) has also said that on the Day of Qiyamat the creditor will complain against his debtor. Then if the debtor would have good deeds to his credit, they will be taken away for the creditor and if there are no good deeds for this purpose, the sins of the creditor will be added in the scroll of deeds of the debtor.
It is amply evident from the various traditions that if a person dies before fulfilling the rights of others upon him he will not achieve salvation till the rights are restored to the owner or the owner condones him. Or till his good deeds are given to the one who had the right upon him or if there are no good deeds for this purpose the sins of the latter are transferred to the scroll of deeds of the former. Or lastly, until the Ahlul Bayt (a.s.) intercede on his behalf.
Amount of Compensation
Exactly how many of the good deeds will be required to compensate for an unpaid debt is a matter known by Allah and the Holy Prophet (s.a.w.s.). Neither we have any knowledge of it nor is it necessary for us to know. However, some traditions do mention some equivalents. For example in a tradition the Holy Prophet (s.a.w.s.) said that in lieu of each dirham 600 prayers of the debtor will be paid to the creditor.
(Layali Akhbaar)
And if 1/6 Dirham is of silver, then seven hundred accepted prayers of the debtor will be transferred to the rightful owner. (Each silver dirham is equal to the weight of 18 grains of gram). Thus, one who departs from this world while yet in debt will be under very difficult circumstances. Everyone must be very particular to repay one's debt as soon as possible. If a person is unable to repay his debts he must establish contact with Ahlul Bayt (a.s.) and seek their intercession to obtain the forgiveness of the creditor.
The Messenger of Allah (s.a.w.s.) says,
"Nothing is more serious after the Greater sins than the fact that a person dies while he is in debt to people and there is nothing to (sell to) repay his debt."
(Mustadrakul Wasael)
Moreover, the Prophet of Allah (s.a.w.s.) told his companions after prayers one day:
"Such and such person who was martyred is still waiting outside Paradise. He cannot enter it because he still owes three dirhams to a Jew."
Haste in Repaying Debt is Mustahab (Recommended)
It has been made amply clear that not repaying debt, or returning the rights is haraam and a Greater sin. Depending upon the demand of the creditor and the ability of the debtor it becomes obligatory to repay the debt as soon as possible. Too much divine reward is promised for this.
Allamah Noori has quoted in his book Daarus Salaam an incident from the book Nurul Uyoon. He writes that Sayed Hashmi, the pious and prominent scholar said that he had taken a hundred dinars as loan from a Jew and promised to return them within a period of twenty days. "I returned half the amount to him and then did not see him for some days. People told me that he had gone to Baghdad. One night I dreamt that it was the Day of Qiyamat. I was summoned with the other people to account for my deeds. And Allah, in His Infinite Mercy allowed me to enter Paradise. So I decided to cross the bridge of Siratas soon as possible. However, the scream of Hell made me fearful. While I was crossing the bridge, all of a sudden my Jew creditor leapt up from below the Hell, engulfed in flames of fire and blocked my way and said, 'Give me 50 Dinar and I'll let you go.' I pleaded to him that I had always been on the look out for him to repay the amount but was unable to find him. He said, 'You are right, but till you repay me you will not be able to traverse this bridge of Sirat.' I said, 'I don't have anything to give.' So in return for his debt he asked me to allow him to put a finger on my body. I gave him the permission and he put his finger on my chest. Just as his finger touched my chest I screamed due to the burning pain and awoke from the dream. The place where the Jew had touched my chest was burnt too." After this he opened his chest to the audience and they saw that there was a terrible wound on it. He said that he was still having it treated, but it did not seem to be cured. When the audience heard all this, they began to wail loudly.
It is also narrated in the 17th volume of Behaarul Anwaar that the First Martyr (Shaheed-e-Awwal) quoted Ahmad bin Abil Jawzi that he said: "It was my wish to see Abu Sulaiman Durrani, who was considered to be a pious and a God-fearing person. Thus, I saw him in a dream after a year of his death. I asked as to how Allah had dealt with him?" He said, "O Ahmed! When I was passing through Baabe Sagheer one day, I saw a camel laden with hay and grass, I plucked a twig from this and do not remember whether I picked teeth with it or threw it away just like that. But a year has passed and I am still occupied in accounting for that twig."
The below Quranic verse also supports this fact:
"O my son! Surely if it is the very weight of the grain of a mustard seed, even though it is in (the heart of) rock, or (high above) in the heaven or (deep down) in the earth, Allah will bring it (to light)..."
(Surah Luqman 31:16)
Thus one who has done an iota of good will see it and one who does an iota of evil will see it on the Day of Qiyamat. In the letter to Muhammad bin Abi Bakr, Ali (a.s.) says, "O creatures of Allah! Know that Allah the Gracious shall question you about your every small and big deed." The following verse is a sufficient proof for this:
"Then one who does an iota of good shall see it and one who does an iota of evil shall see."
(Surah Zilzaal 99:7-8)
It is mentioned in Behaarul Anwaar that Sayyed Hasan bin Sayyed Ali Isfahani said: "At the time of my father's demise I was studying in Najaf-e-Ashraf. The responsibilities of my father fell upon some of my brothers. I was unaware of this fact. Seven months after the death of my father, my mother also passed away at Isfahan. Her last remains were brought to Najaf-e-Ashraf. On one of those nights I saw my father in dream. I asked him that he had died in Isfahan so how did he reach Najaf? He said, "Yes! Though I died in Isfahan, I was given a place in Najaf." I asked if mother was also with him? "She is in Najaf, but in a different house," he replied. So, I surmised that she was not given a position equal to my father. Then I asked him as to how he was. He said that though previously he was in severe pain now by the grace of Almighty he is comfortable. I was surprised that how a pious and religious person like him could suffer pain. He said that it was due to the fact that he was in debt to Haaj Raza the son of Babajoo alias Naalband. "Though he had demanded the payment I was unable to repay it. I was suffering torture for this default." I awoke with a start. I wrote to my brother, the legatee of my father and told him about my dream so that he will make enquiries if my father owed some money to such a person. My brother wrote back that he had gone through all the books of account but could not locate a creditor by that name. Again I wrote to my brother to find this person and ask him directly if he was having a debt upon my deceased father. My brother replied after sometime and said that he had found that person and questioned him about my father's debt. He was told that my father did owe him 18 tomaans but except Allah no one knew about it. He said that after the death of father he had approached my brother and asked him if his name appeared in the list of my father's creditors. When my brother told him that it was not so, he was perturbed as to how my father failed to note down his name among the creditors. Since he did not have any proof he did not see any way to acquire his money. Upon hearing this my brother offered him the amount of outstanding debt. But he refused to accept it. He said that he had already condoned the amount to my late father.
Imam Muhammad al-Baqir (a.s.) has said:
"Oppression is of three types. One that Allah will not forgive, second which is He will forgive and lastly one which he will 'take away'.
1. The oppression Allah will never forgive is Shirk.
2. The oppression that Allah forgives is one that a person does upon himself and it is a sin between that person and Allah.
3. The oppression that Allah 'takes away' is that one that a person does by not repaying his debts.
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.) has remarked,
"One who is able to satisfy (please) his creditors will certainly enter Paradise without any delay in accounting. He will be in the Garden, in the company of Ismail (a.s.) the son of Ibrahim (a.s.)."
(Mustadrak)
The Messenger of Allah (s.a.w.s.) has also said,
The debt which is returned by the debtor is more superior to the worship of a thousand years and the emancipation of a thousand slaves and performing Hajj and Umrah a thousand times."
(Mustadrak)
Prophet Muhammad (s.a.w.s.) has also said,
"If someone restores a single dirham to its rightful owner, the Almighty Allah will save him from the fire of Hell and for each Daniq (1/6 of a DIrham) he will get rewards of a prophet and for each Dirham he will get a palace of Red Pearls (in Paradise)."
(Mustadrak)
He (s.a.w.s.) has also said,
"Returning a right to its owner is better than fasting during the day and the prayers of the night. If a person returns a debt an angel cries out from below the Arsh: O servant (of Allah) from the time you began this good deed, Allah has forgiven all your past sins.
Fulfillment of the Rights of People
When a person has something in his possession it can be one of two cases. The first case is the person knows that whatever he has is not fully his own, but a part of it belongs to someone else. The second case is that a person owes another person, but this person has no share in the actual goods or property in possession of the former. For example the thing he had borrowed is already used up but he is in debt to the one who had lent it. In the same way there are various types of sureties and compulsory maintenance that a person is responsible, for these should be disbursed with great care.
The first case includes the following four categories.
a) To know the quantity and the owner.
When it is known that a particular quantity of a thing rightfully belongs to such and such person, it is obligatory to return that same amount to whom it belongs and in case he is dead, to his successors.
b) When the quantity is known but not the owner.
If the exact quantity owed is known but there is a doubt regarding to whom it is owed to the extent that one feels the concerned quantity rightfully belongs to one of three or five people. Then on the basis of precaution it is necessary to satisfy all of these people. If it is not possible to satisfy all of them, then there are three rulings:
1. Lots should be drawn between them and one of them to be given that thing.
2. The goods should be equally distributed among all the possible owners. 3. If the doubt is with reference to a hundred and more people or if the owner is completely unknown then as a precautionary measure, by the permission of Marja-e-Taqleed the holder of these goods should give it away as charity. (Everyone has to follow his own Marja-e-Taqleed in this matter).
c) When the quantity is not known but the owner is.
Under the circumstances that a person knows that he owes some of the goods in his possession to a particular person, but does not know the exact quantity owed, it is incumbent upon him to give at least a third of the goods to the owner. As a precautionary measure he should give something more and satisfy the owner.
d) When both the owner and the exact quantity are unknown.
A person knows that he owes some of the goods he has to someone. It is haraam for him to use these goods, but he does not know the exact quantity of the goods prohibited for him nor its rightful owner. He may consider a few persons as probable owners but he is unaware as to how much of it belongs to whom. In these circumstances it is incumbent on him to give Khums (1/5) on the total goods. After this the rest of the goods or property becomes totally permissible. (For details refer to the section on Khums in the books of Practical Laws).
In the second condition something is owed by a person but it is not in the form of a tangible good or property. There are four circumstances of this type:
1) If the exact quantity and the rightful owner, are known, then without any doubt that quantity has to be returned to the owner.
2) If the exact quantity is known but not a particular owner, and there is doubt between some selected people that it could belong to anyone of them. In this case it is incumbent to satisfy each of them in the way described in the rules regarding tangible goods. But if the doubt is between a large number of people the value of the goods must be given to the Qazi or given as charity by his permission on behalf of the rightful owner.
3) If the value is not known but the person to whom it is owed is known; the duty of the one who owes it is to restore theminimum quantity supposed and also to persuade the owner to forgo the rest of it.
4) When neither the exact quantity nor the owner is known the law states that an estimate has to be made and the average of the minimum and the maximum amount paid as charity after the permission of the Qazi.
According to the Quran and hadith, to flee from Jehad is a Greater Sin. It is the twenty-seventh sin. The following verse of Surah Anfaal is clear. It concerns running away from a confrontation with unbelievers when they are less than twice the number of Muslims.
"O you who believe! When you meet those who disbelieve marching for war, then turn not your backs to them. And whoever shall turn his back to them on that day- unless he turn aside for the sake of fighting or withdraws to a company then he, indeed, becomes deserving of Allah's wrath and his abode is hell; and an evil destination shall it be."
(Surah Anfaal 8:15-16)
Hazrat Amirul Momineen Ali (a.s.) says:
"Those who flee from the battlefield should know that they have angered their Lord and have damned themselves to destruction because fleeing from the battle causes Allah's anger. And one who flees from the Holy war will be certain to face calamities and eternal degradation and his fleeing will not prevent death, and his life cannot be prolonged. That is, if the time of his death has arrived, his fleeing will not delay it. He will die due to some other reason. On the other hand, if the time of his death has not yet arrived and he participates in Jehad he will not die. Thus it is better for one to pledge his life to Allah rather than live in Allah's anger, degradation and dishonour."
Initiated Jehad and Jehad in defence
Jehad is of two types:
(1) Initiated Jehad
(2) Jehad in defence
The first kind is that when the Muslims undertake a war against the unbelievers to invite them to Islam or for establishing justice. However, the permission of the Holy Prophet (s.a.w.s.), the Holy Imams (a.s.) or their special representatives is a necessary prerequisite of this type of Jehad. Since the present period is of Major occultation this type of Jehad is forbidden.
Jehad in defence, as the name implies, pertains to circumstances when unbelievers attack Muslim territories or areas for obliterating Islamic heritage or for plundering the wealth and honour of Muslims. Under such conditions it is wajib-e-Kifai to undertake Jehad and repel their attack. For this type of Jehad the express permission of the Imam (a.s.) or his special deputy is not necessary.
There is a difference of opinion regarding flight from the battlefield. Some scholars are of the opinion that it pertains only to those wars that have been waged against the unbelievers under the order of the Holy Imam (a.s.) or his special deputy. (For example, exemption from Ghusl and Shroud to the martyr also pertains to this Jehad). Other doctors of religion maintain that the decree applies to both the kinds of Jehad. Those who wish to study this problem in detail can refer to the books of Jehad or the books of jurisprudence.
While discussing the prohibition of flight it would be most appropriate to discuss the steadfastness of Amirul Momineen Ali (a.s.) on the battlefield. Such incidents have been included in discussions extolling the merits of Ali (a.s.). Neither the Shia nor the Sunni historical books mention even a single instance when Ali (a.s.) turned his back to a battle. Even in the battle of Ohud he was the only one who did not flee. In the ninth volume of Behaarul Anwaar, under the chapter of "Bravery" a narration has been recorded from Ibne Masud, concerning Ali (a.s.). Four of those who had run away from the battle of Ohud returned and again came to the Holy Prophet (s.a.w.s.). They were Abu Dajana, Miqdad, Talha and Musayb. After this the rest of the Ansar came back. Thus it were these people who had deserted the Holy Prophet (s.a.w.s.). All the companions had left the Holy Prophet (s.a.w.s.) alone on the battlefield except Ali (a.s.). Ali (a.s.) was fighting in the midst of the polytheists to defend Islam and the Prophet of Islam (s.a.w.s.).
During the battle of Ahzaab, the Holy Prophet (s.a.w.s.) bestowed Ali (a.s.) with the titles of "The vicious attacker" and "the non-receeder." That is, the one who attacks the enemies with vengeance and does not subside an inch. There is no doubt that Ali (a.s.) was imbued with all these qualities. Whereas, history is a witness that other companions like Abu Bakr, Umar and Uthman had fled from numerous battlefields like Ohud, Khaibar, Hunain and Dhat-Salaasil. Ibne Abil Hadid the Mutazalite has penned the following couplet in his famous book:
"It is not surprising that Abu Bakr fled from Hunain.
He had also deserted the battle in Khaibar and Ohud."
source : GREATER SINS by Ayatullah-ul-Uzma Sayed Abdul Husain Dastghaib Shirazi (r.a.)
