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Then He says : If you repent, then for you is the capital. Then He said:
Those who turn away from that are the inmates of Hell. They will abide
therein. At first, eating of interest (usury) , then call for fight with
Allah and His Apostle and last of all residing in Hell have been mentioned.
There are innumerable verses regarding lawful and unlawful things.
Rasulullah (sallallaho alaihe wasallam) said :
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It is compulsory on every Muslim to seek lawful earnings. Rasulullah (sallallaho
alaihe wasallam) said : He who makes efforts to maintain his family out
of lawful earnings is like a fighter in the way of Allah and he who seeks
lawful earnings after restraining himself will get the rank of a martyr
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If a man eats lawful food for forty days, Allah illumines his heart and
lets flow wisdom from his heart through his tongue.
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Allah grants him renunciation in the world. Once Sayyidna Sa'ad said to
Rasulullah (sallallaho alaihe wasallam) Pray to Allah that He may accept
my invocation. Rasulullah (sallallaho alaihe wasallam) said : Eat lawful
food and for that your invocation will be accepted.
Rasulullah (sallallaho alaihe wasallam) mentioned about the worldly addicted
men and said :
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There are many men who have got dishevelled hairs, dust laden dresses,
are tired in journey, whose food is unlawful, whose dress in unlawful,
and who have been maintained by unlawful food. If they raise their hands
and say: 'O Lord ' O Lord how can their invocation be accepted ?
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:An angel residing in Baitul Muqaddas proclaims every night: Saraf and
Adal will not be accepted from a person who eats unlawful food. Saraf means
optional and sunnat actions and Adal means compulsory duties. In other
words, compulsory duties and optional duties will not be accepted from
him.
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: If a man purchases a cloth with ten dirhams and if one dirham out of
them is unlawful, his prayer will not be accepted till a portion of that
cloth remains in his body. The fire of Hell is fit for the flesh which
has been grown by unlawful food.
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if a man does not care where from he earns his wealth, Allah will not care
by which path he will enter Hell. He said : There are ten shares of worship,
nine of which are in lawful earnings.
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He who passes times upto evening in search of lawful earnings passes the
night in a state of his sins being forgiven and rises at dawn when Allah
remains pleased with him.
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If a man earns by sinful acts and gives it in charity or action of an kindness
or spends it in the way of Allah. Allah will throw him into Hell after
collecting everything.
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:The best of your religion is to keep away from unlawful things. He said
: If a man meets Allah after refraining from unlawful things. Allah will
give him reward of the entire Islam. In an earlier scripture, Allah said
with regard to those who refrained from unlawful food : I feel ashamed
to take their accounts.
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One dirham of interest (usury) is more serious to Allah than thirty fornication.
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: Stomach is the fountain of body and the veins come out of it. When the
stomach is sound, the veins come out with health, and when it is unsound,
they come out with disease. Food in religion is like the foundation of
a building. When the foundation is strong and firm, the building stands
straight and it can be raised up, and if the foundation is weak and curved,
the building inclines to a side.
Allah says: Is not he who establishes Fear of Allah and Allah's pleasure
in the foundation of his religion better than he who lays foundation by
the side of Hell fire ?
Rasulullah (sallallaho alaihe wasallam)
said
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:The wealth which a man earns from unlawful things will not be accepted
from him even if it is given in charity. If he leaves it after his death,
he will increase the fire of Hell therewith.
Wise and pious men saying.
It has been reported that once Sayyidna Abu Bakr drank a little milk
given by his female slave and asked her about it. She said : I prophesied
to a people who gave it to me for that. Then he thrust the fronts of his
fingers into his throat and vomited in such a way that his life was in
danger. Then he said :O Allah, I pray to You for forgiveness of what remains
attached to my throat and to my stool. In another narration, it is said
that when Rasulullah (sallallaho alaihe wasallam) was informed of it, he
said : Don't you know that Abu Bakr does not allow anything to his belly
except lawful food ?
In a similar way, Sayyidna Omar drank the milk,by mistake, of a camel
that was belongs to Zakat fund. He thrust his fingers
into his throat and vomited it, Sayyida Ayesha said : You are heedless
of the best divine service. That is to be safe from eating unlawful food.
Sayyidna Fuzail said : He who takes care of what thing he admits in
his belly, Allah records him as Siddiq. So, O needy man, look with what
thing you break fast. Sufiyan Saori said : He who spend in charity out
of unlawful wealth is like the person who washes impure clothes with wine.
Impure things cannot be purified except with water and there is no expiation
of sins without lawful things.
Sayyidna Ihya-b-Muaz said :To perform religious duties is Allah's secret
treasure, invocation is its key and lawful food is its teeth . Sayyidna
Ibn Abbes said ;The prayer of a man in whose belly there is unlawful food
is not accepted by Allah.
Sayyidna Sahal Tastari said : The truth of faith does not reach a man
who does not possess four qualities
(a) Performance of compulsory duties along with sunnat,
(b) carefulness in eating,
(c) giving up the prohibited things openly and secretly and
(d) observing those rules with patience upto death.
He said : He who likes that the signs of a Siddiq should be opened up
for him should not eat except lawful things and should not follow except
the ways of the Prophet . It is said that the heart of a man who eats doubtful
things for 40 days becomes enveloped with darkness. That is the meaning
of the following verse : Never, rather rust has fallen upon their hearts
on account, of what earned 43:14. The Abdul Mobarak said : To return
a coin of doubt to its owner is better than charity of one hundred thousand
dirhmas.
Sahal Tastari said : The limbs of a man become disobedient who eats
unlawful food willingly or unwillingly, knowingly or unknowingly. The limbs
of man who eats lawful food become obedient to him and help him in doing
good deeds. There is a well-known Hadis :
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There is account of lawful things in the world and punish for unlawful
things. The narrator added to it: There is rebuke for a doubtful thing.
A certain religious man served food before an Abdal. Without eating it,
man asked Abdal about it and said :Who don't eat except lawful food for
which our hearts remain firm, our conditions become lasting, the affairs
of heaven are disclosed to us and we see the next world. If we eat only
three days what you eat, knowledge of our sure faith will disappear, and
fear and actual vision will go from our hearts. The man said to him : I
fast throughout the year and recite the Quran 30 times every month.
Abdal said to him :The water which I drink at night and what you see are
dearer to me than your reciting the Quran thirty times in three hundred
rakats of prayer. The milk of deer was his drink. There is written in the
Torah : If a man does not care wherefrom he eats food, Allah also will
not care by which door of Hell He will throw him in Hell.
CLASSES
OF HALAL AND HARAM
(1) Things which are naturally unlawful.
(2) Earnings which are unlawful.
(1) Things which are naturally unlawful.
The things which are naturally unlawful are wine, blood, meat
of pigs, dead animals, etc.
Naturally lawful
The things fit for eating in the world are of three kinds,
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(A) Minerals and Natural Resources
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(B) Vegetation
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(C) Animals or similiar kind
(A) Minerals and Natural Resources
Minerals are of different kinds. What grows out of earth; is lawful
for eating ( and drink) i.e. salt, water etc. except what causes harm.
There are things which have got the effect of poison. They are unlawful
as they are injurious things.
(B) Vegetation
They are lawful for eating such as vegetable, grains, fruits etc. except
those which remove intellect, take life and ruin health. The things which
destroy intellect are wine and intoxicants. The things which destroy life
are poisons. The things which ruin health are medicines used out of time
(out dated or inappropriate).
(C) Animals or similiar kind
They are of two kind
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(a ) What is eatable
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(b) What is not eatable.
Birds, beasts and animals in land and water which are fit for eating and
which, if sacrificed according to the rules of Shariat, become lawful .
What is not sacrificed according to the rules of Shariat and what is dead
are unlawful,
However out of dead animals , two kinds are lawful--fish and locusts.
The following animals are lawful according to this rule worms in food-stuffs
and fruits, etc. What is not liking to a particular person is Makruh for
eating.
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Rasulullah (sallallaho alaihe wasallam) said : Immerse a fly if it falls
in food.'
If an ant falls in food, it does not become impure. if a portion of flesh
of a dead man falls in food, the whole food becomes unlawful. It is not
on account of impurity, as man does not become impure after death, but
it is out of horror.
Animal (except fish and locusts) if sacrificed according to Shariat,
becomes lawful except its blood and what is attached to its impurities.
Regarding vegetables, what produces intoxication in unlawful and what removes
intellect is unlawful .One drop of an impure thing renders food unlawful.
(2) Earnings
which are unlawful.
There are two kind of earning-- what is taken willingly or unwillingly
and what comes to the owner spontaneously. What is taken willingly or unwillingly
are of two kinds.
(A) One kind is what is taken without the knowledge of the owner, such
as minerals underneath the ground.
(B) Another kind is what is taken from the owner himself. The latter
is of two kinds.
(a) What is taken by force from him, What is taken by force is again
of two kind
(i) what is taken from the maintenance and care of the owner, such
as quadrupeds,
(ii) what is taken from him by virtue of power of the ruling authorities,
such as Zakat and other economic liabilities
(b) What is taken with his permission. . What is taken with the permission
of the owner is of two kinds
(i) What is taken from him in exchange, such as buy and sale, dower,
wages,
(ii) what is not taken in exchange, such a gift, waist??.
Thus the things of earnings are of six kinds.
(1) To become owner of the things of which there is no owner such as
minerals and natural resources, to make barren land fertile, to gather
fuels and woods from jungles, to take water from river, to take grass,
etc. To take these things are lawful provided there is no owner of
these things.
(2) What is taken by force and what is not prohibited are the
properties gained after battle and without actual battle. They are lawful
for all Muslims when one-fifth is taken out from the war booties and divided
justly among those who are entitled to them. It is unlawful to take booty
from those unbelievers with whom there is treaty.
(3) What can lawfully be taken by force inspite of prohibition
of the owner, such as Zakat . It can only be taken by the ruling authorities.
(4) What is taken in exchange of things with the consent of the owner
is lawful, such as buy and sale transactions.
(5) What is taken simply with permission without exchange of things,
such as gifts, will, etc, is lawful.
(6) What comes spontaneously in possessions, such as properties by
inheritance after deduction of necessary expense such as funeral expenses,
death instructions by will or otherwise, expenses of expiation of religious
duties, expenses of pilgrimage, etc. They are lawful.
D1FFERENT
STAGES OF HALAL AND HARAM (PIETY)
Every thing unlawful is bad, but there are different stages of illegality
of things of which one is worse than another. All lawful things are good
and there are different stages of legality therein and one thing is better
than another . There are four stages of legality of things.
(1) First stage is lowest and it is forbearance of just
and ordinary Muslims. It is to save oneself from the unlawful things prescribed
by Shariat. This is the lowest stage of piety.
No example is necessary in the case of the first stage, as the unlawful
things are clear and a religious man must keep himself distant from these
unlawful things.
(2) Second stage is the forbearance of the pious. They refrain
from lawful things bounding on illegality. A faqih will give its decision
as lawful as it is a subject of doubt but the pious men keep away even
from these doubtful things.
EXAMPLE: In the second stage, there is the forbearance of the pious
from every doubtful things bordering on illegality. It is not compulsory
to give them up, but it is commendable. Rasulullah (sallallaho alaihe wasallam)
said : Give up what raises doubt in your mind and take what does not raise
doubt in you. Rasulullah (sallallaho alaihe wasallam) said : Eat the games
of hunting on which there are marks of shooting and which die in presence.
Don't eat what goes beyond sight being wounded and then it is presented
dead in front.' Though it is not unlawful, it is the forbearance of the
pious men. It is an order of the Prophet Give up what raises doubt
in your mind.
(3) Third stage. This is the stage of forbearance of
Allah. fearing men. Allah-fearing men keep aloof from even such things
as are lawful and free from doubt. If these are always practised, these
may turn into Halal and as a result they have Chance of falling into
doubtful things. For this, Allah-fearing men keep aloof even from things
free from doubt. Rasulullah (sallallaho alaihe wasallam) said :If a man
cannot reach the stage of Allah-fearing men till he gives up things free
from doubt for fear of falling into things in doubt.
EXAMPLES: it is the forbearance of the Allah-fearing people.
This Hadis bears witness :A man cannot reach the stage of a Allah-fearing
man till he gives up things free from doubt for fear of things of doubt.
Sayyidna Omar said : We have given up nine portions of lawful things out
of ten portions for fear of falling into unlawful things. Sayyidna Abu
Darda'a said : Allah-fear gains perfection at the time when a servant fears
a very small thing. Even when he sees a lawful thing, he gives it up for
fear of falling into unlawful things. Some examples are given below
(1) A certain religious man took- loan of one hundred
dirhams. When he brought the dirhams for payment, the creditor took only
99 dirhams. Ali-Ma'bad said :I took a house on rent. I wrote a letter thought
that I should take a little earth from its wall and soak the ink of the
letter and I did accordingly. When I slept, I dreamt that a certain man
was saying ;O Ali-Ma'bad, you will know tomorrow on the Resurrection Day
that the owner of the house will demand the little earth you used. By this
act he fell from the rank of Allah’s fear.
(2) During the Caliphate of Sayyidna Omar, the musk of Bahrain
gained as result of battle reached him. He wife began to measure it when
Sayyidna Omar said: I don't want that you should place your hands on it
and say afterwards that something of it remained in your hands on account
of touch. This is the property of the Muslims in general and you can't
get more than what you are entitled to from the property of the general
Muslims.
(3) Once musk was measured before Caliph Abdul Aziz. He kept
his nose shut up lest its smell entered his nose. He said : What benefit
has it got except its scent ? This benefit only is sought from it.
(4) Once the Prophet's grandson Hasan put into his mouth one
dried grape out of the grapes of Zakat. Rasulullah (sallallaho alaihe wasallam)
said : Throw it off, Throw it off.
(5) Once a man went to see his friend at night. Soon after his
death, he put out the light and said : The right of inheritance has occurred
in the oil.
(6) Sayyidna Omar gave to his wife some musk for sale. She sold it
to another seller. At the time of sale, she began to break one piece by
her teeth for which something was attached to her fingers. Sayyidna Omar
smell scent from her and said: You have taken the scent of the Muslim in
general. This he did to become a truly Allah -fearing man though i t is
not unlawful.
(7) Imam Ahmad-b-Hambal said : To smell sent of a tyrant ruler destroys
the piety of a man.
(8) When Sayyidna Omar became Caliph, he had only one wife whom
he loved very much. He, however, divorced her for fear the she might intercede
to him for an unlawful thing and perchance he might accept her intercession.
For this reason, things free from doubt were even given up for fear of
falling into doubtful things. Being habituated to many lawful things, one
is led to-unlawful things, such as too much eating, excessive use of scent,
etc. If too much food is eaten, sexual passion rises high and it leads
to unlawful cohabitation. Similarly to look at the beautiful buildings
and the pomp and grandeur of the rich may tempt one to follow them.
(9) There is no benefit to white-wash the walls of a building.
Imam Ahmad held it as Makuh or a abominable. When the Rasulullah
(sallallaho alaihe wasallam) once was asked about painting in the mosque.
He said: There is no Arish like the Arish of Moses. Arish is a pearl-like
antimony with which a thing is painted. The Prophet did not hold it lawful.
(10) The ancient wise men said : The life religion of a man whose
cloth is thin is also thin.
(4) Fourth stage: In this stage, these Allah-fearing men give up even lawful
things free from doubt even if there is no feat of falling into doubtful
things, because they fear that those things may not be for Allah. They
are called Siddiq.
EXAMPLE: Fourth stage is the forbearance of the Siddiqs. To them, those
things are lawful in which there is no transgression and which do not help
the commission of sin. The object of their every action is to please Allah
and they have Fear of Allah in all their deeds. They live for Allah and
they think that what is done except for Allah is unlawful. They follow
this verse: Say Allah and then leave them sporting in their useless talks.
This is the rank of those who follow Tauhid. The following are some examples
of their piety.
(A) Once the sage Ihya-b-Quran used a medicine. His wife said
to him: Walk for a while within the house, so that the medicine may work.
He said : I don't know of such walk. I am counting my breaths for the last
thirty years. He d id not consider it connected with religion.
(B) Sayyidna Sufiyan Saori said : Once I got upon a hill and
saw a fountain and vegetables. I wished to eat something of the vegetables
and to drink water. Then I thought that I would eat a lawful thing today
. An unseen voice said :Wherefrom has the strength which has taken you
to this stage come ? Then I became repentant and begged forgiveness.
(C) The sage Zunnun Misri was once imprisoned and began to pass
time without food. He then became hungry. A woman sent some food to him
through the hand of one of the men of the prison, but he did not eat it
on the ground that the hand of an oppressor took it to him.
(D) The sage Bashar Hafi did not-drink water of a canal dug
by a tyrant ruler although this was lawful. For this reason. Sayyidna Abu
Bakr vomited the milk he drank for fear that the strength of unlawful thing
would increase therefor.
(E) Once a servant of a sage took some fuel that belongs to a
transgressor. He put it off on the ground that the fuel was unlawfully
earned.
These are some of the instances of Fear of Allah of the early wise,and
pious men. Fear of Allah reaches its climax in the fourth stage of the
Siddiq or greatly truthful man.
DIFFERENT
STAGES OF DOUBTFUL THINGS
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Rasulullah (sallallaho alaihe wasallam) said: Lawful things are clear and
unlawful things are also clear and between them there are the doubtful
things. Most of the people do not know them. He who saves himself from
doubtful things purifies his honour and religion. He who falls in doubtful
things may fall in unlawful things like the shepherd who has got chance
of falling into reserved grazing ground he grazes his nock of sheep round
it. What is troublesome and unknown to the majority of the people are the
doubtful things which should be discussed.
A lawful things is what is naturally free from unlawful things, such as
the water of sky. Before it goes into the possession of someone,
The people take it and store it in their lands. An unlawful thing is that
which is naturally unlawful for its own defect, such as intoxicant, wine,
steal or that thing which is earned by unlawful method, such as the earnings
by oppression, interest (usury), etc. These are fixed, open and clear.
In between these Halal and Haram or lawful and unlawful things, there are
doubtful things which change the condition of Halal and Haram. A lawful
thing become unlawful-when it goes into possession of another for which
doubt arises in most cases. If a man Set free a fish and thinks that it
has come from the possession of another, there arises doubt in his mind
whether it is lawful or unlawful for him. This doubt should have reason
and not only mere conjecture. Doubt arises out of two conflicting beliefs
which come into clash with each other.
DOUBT ARISES OUT OF FOUR PLACES
(1) First place is doubt in the course of Halal and Haram:
It has got four classes
(A) A man knows a thing to be unlawful before but doubt arises in the
matter of its being lawful. It is compulsory to give up this doubt and
to take it as unlawful. For instance, an hunted animal falls into water
and it is lifted up as dead from water. To eat its meat is unlawful .There
is no place of doubt in it. Rasulullah (sallallaho alaihe wasallam) said
to Ad: Don't eat it. your dog perchance has not killed it.
Whenever anything was brought to Rasulullah (sallallaho alaihe wasallam),
he used to enquire if doubt arose in his mind, till he knew whether it
was gift or Zakat.
(B) Though a thing is lawful, yet one doubts that it may be unlawful.
The thing is basically lawful but owing to peculiar circumstances, one
doubts whether the legality of that thing still remains. For instance,
two men quarrelled with each other, one man said to another :Your are a
hater. A Allah-fearing man should leave them on doubt :
(C) A thing is basically unlawful but a cause prevails upon it so strongly
that it becomes lawful. It becomes a subject matter of doubt and becomes
strong of its being legal. For instance, an animal after being shot disappeared.
Afterwards it was found . with signs of only shooting in its body. It might
be that it died owing to other reasons. Thus doubt arises weather its meat
is lawful. A Allah-fearing man refrains from eating its meat. Rasulullah
(sallallaho alaihe wasallam) said :Eat it although it disappear from you
till you find the sign of your arrow on its body
(D) A thing is knowingly lawful, but it becomes unlawful at last owing
to the decision of Shariat. For instance, a pot is lawful but doubt arises
whether there is any impurity in it. So to drink water from it becomes
unlawful.
(2) Second place of doubt-mixture of Halal and Haram: Halal and Haram
become mixed and are not kept separate and therefore doubt arises whether
it is lawful or unlawful .There are three kinds of this mixture of lawful
and unlawful things.
(A)One unlawful thing is mixed up with limited number of lawful things,
for instance the meat of a dead goat is mixed up with the meat of some
sacrificed goats. Doubt in these things are to be given up, as there is
no sign therein that the meat of a dead goat has been mixed. If there is
reasonable doubt that the meat of a dead goat has been mixed, it will be
unlawful.
(B) The second is the mixture of limited number of unlawful things
with unlimited number of lawful things, for instance two foster sisters
separated a town. One can marry any woman of the town if the foster sisters
cannot be identified, or if there is prevalence of interest (usury) in
a certain town, it is lawful to accept coins of that town.
(C) The third kind is the mixture of unlimited number of lawful things
with an unlimited number of unlawful things. In such a case, if the unlawful
things can be identified, it will be unlawful to enjoy them, otherwise
not, but to give up a doubtful thing is a sign of piety. The soldiers of
Yezid looted the properties of Medina for three days, but yet the companions
did not prohibit the people from buy and sale of the goods of the Medina
market which consisted also the looted goods. If there is impurity
on the path ways, prayer can be said on them, as the earth of pathways
are pure. The companions sometimes prayed with their sandals and shoes.
(3) Third place of doubt: Any sin found in any cause making a thing
lawful relates to the thing itself, or to its end, or to its beginning
or to another thing in exchange of the thing, but it is not such a sin
which nullifies an agreement or any cause which makes a thing lawful. Sin
relating to a thing itself is, for instance, buy and sale after Azan for
Jumma prayer, cutting wood by a stolen axe, selling over the sale of another.
These are not unlawful things. Sin relating to the end of a thing
is all extravagant expenses which show the path towards sin, for instance,
to sell grapes to those who prepare wine, to sell instruments to robbers.
There is difference of opinion among the jurists whether these are lawful
or unlawful. Sin relating to the beginning of a thing relates to three
stages-highest, middle and lowest. The most detestable is to eat the meat
of a goat which has eaten then the grass taken illegally. The less detestable
than the former is not to use water of a canal dug by a tyrant. Still less
detestable is to restrain oneself from lawful thing that has come through
the hand of a tyrant. Sin relating to a thing of exchange has got also
different stages-highest, middle and lowest. The most detestable is to
purchase a thing on credit and to pay its price by unlawfully acquired
money. The less detestable is to give grapes to a drunkard, to give instruments
to a robbers in lieu of price. The least detestable is to accept the price
of a n unlawful thing, such as wine.
(4) Fourth place of doubt: This arises out of diversity of proofs
of Shariat in order to distinguish between a lawful thing and unlawful
thing. This doubt is of three kinds
(A) Contradictory proofs of Shariat,
(B) Contradictory signs,
(C) Contradictory doubts.
(A) Contradictory proofs of Shariat,
EXAMPLES: the verses of the Quran or the sayings of the Prophet
that contradict each other. This creates doubt in mind. In this case,
what is strong prevails and if any proof does not become strong, it reverts
to its original proof. If illegality of a thing is not strong, it becomes
lawful. If there is doubt, it is better for piety to give it up and it
is the subject matter of dispute between jurists and Ulema. It is better
to accept the opinion of a Mufti who is well-known in a locality for learning
and piety, just as it is better to go to a physician who is well-known
in a locality for his knowledge of medical science. If the Ulema are unanimous
with regard to a certain conclusion, all should accept it. If any proof
of legality of a thing is not strong, he should better give it up. There
are three stages with regard to this matter.
(i)First stage: It is better to give up a matter which has got
a weak proof in favour of a matter which has got a strong proof. Rasulullah
(sallallaho alaihe wasallam) is reported to have said :A believer sacrifices
in the name of Allah, whether he utters 'Bismillah' of not. This is contradictory
to a clear verse of the Quran and some traditions in which it is said that
to utter the name of Allah at the time of sacrifices is compulsory. So
the former tradition shall have to be given up.
(ii) Second stage: It is near baseless conjecture. For instance, to
give up eating the young one of an animal found in its womb after lawful
sacrifice. There is in authentic Hadis that the sacrifice of mother should
be considered as also the sacrifice of its young one in its womb. So the
former conjecture is to be given up.
(iii)Third stage: A thing is authenticated as legal by only one
tradition. It is better not to come to a decision relying on only a single
Hadis on a particular subject if there are differences of opinion . It
is not unlikely that the narrator might have committed mistake in narrating
it or he might have committed mistake in hearing it. But there is no reason
to oppose the tradition without a cause. 'There is no mention of a grandson
becoming an heir to his grand father in the Quran, but the companions are
unanimous in holding that a grandson becomes an heir to his grandfather
in absence of his father. When difficulty arises in these matters, one
should take decision according to his conscience as it does not dictate
without truth. Rasulullah (sallallaho alaihe wasallam) instructed us to
take decision according to our conscience in case of doubtful things.
(B) Contradictory signs,
If the is greater proof towards illegality, it should be considered
as unlawful ;and if there is greater proof towards legality, it should
be considered as lawful.
(C) Contradictory doubts.
Proof is equal towards legality and illegality and doubt is also equal
in both the cases. For instance, a man is to distribute some money among
the poor. There are poor persons who have got something but they are not
rich. So doubt arises whether such persons are really poor fit for acceptance
of the money. This is a very subtle (difficult)question. In this case if
one possesses only necessary things, he can accept the charity but if he
possesses more than what is necessary for him, it is prohibited. There
is also no limit to necessity. For this reason, Rasulullah (sallallaho
alaihe wasallam) said :Give up what raises doubt in your mind and take
to what is free from doubt. For this reason, it is written in the Zabur
that Allah revealed to David :Tell the children of Israil : I do not look
to your prayers and fasts. I look to the person who gives up a thing when
doubt arises in his, mind for My sake. I help him with My help and take
glory for him before My angles.
ARGUMENTS AND QUESTIONS
Whatever comes to you as food or gift or whatever thing you wish to
buy or to make gift, you should not raise questions in all cases or say
this : I shall not accept it as lawful till enquire about it. On the other
hand, don't give up enquiry in some matters. In some case, therefore, it
is compulsory to enquire, in some cases unlawful ,in some cases praise-worthy
in some cases not commendable. So there is place of doubt, in cases of
questions and enquiries. The place of doubt has got connection (1) owner
(2) Things
(1) Doubt in Connection with the
owner of a things:
(a) The first state comes when the owner is unknown
When you enter an unknown town or place, you meet with strangers and
unknown persons and donot know their character and conduct and so you entertain
doubt about them. Eusul-b-Asbat said : I used to give up doubt whenever
it arose in my mind for the last 30 years. The rule is that if any of them
gives you food or drink, you should enjoy it without doubt and you should
not entertain evil conjecture about him as some conjectures are sins. If
there is sufficient cause of doubt, it is unlawful to enjoy them. Rasulullah
(sallallaho alaihe wasallam) used to accept any invitation without enquiry.
Once a tailor invited him and he accepted it. Once a Parsee invited the
Prophet to which he asked him :I and Ayesha ? The Parsee said :You and
not Ayesha. Rasulullah (sallallaho alaihe wasallam) did not accept the
invitation but when he invited both, he accepted it. Sayyidna Abu Bakr
enquired about the earnings of a slave when a strong doubt arose in his
mind. It is not good to ask ; Wherefrom his this thing been procured, as
it gives pain to the mind of a Muslim. Allah says : Give up most conjectures.
Some conjecture is sin. Don't spy and let not some of you backbite others.
Once Rasulullah (sallallaho alaihe wasallam) ate the food of Barirah. He
was informed that it was Zakat property. Rasulullah (sallallaho alaihe
wasallam) said : It was Zakat property for her but for us, it is a gift
. So baseless doubt should be given up.
(b) The second state comes when there is doubt about
the owner.
It occurs when there is doubt about the owner owing to the causes of
proof. The causes of proof that a thing is unlawful are the character of
the owner, his dresses, his actions etc. or he is a well known robbers,
thief, tyrant or his actions are opposed to the fundamental principles
of Shariat. In such cases, two sorts of doubt arise in mind. One sort of
doubt arises from the fact of possession of a thing which indicates
ownership of the thing. It is lawful to accept the thing, from such possessor.
The second sort of doubt arises strongly from the sign of a thing that
it may not be lawful. In such a case, it is better to give it up. The Prophet
said :Give up what raises doubt in your mind for what does not raise doubt.
It is commendable ... Rasulullah (sallallaho alaihe wasallam) also said
: Doubt of mind is a sin. Rasulullah (sallallaho alaihe wasallam) also
enquired in case of doubt whether a thing is zakat or present. Sayyidna
Omar enquired about milk and Sayyidna Abu Bakr about the earnings of a
slave in case of doubt.
(c) The third state is to know the condition of the
owner by some sort of proof.
Experience or news give indication of a thing being lawful or unlawful.
if a man is honest pious and trustworthy, his thing can be considered as
lawful even though it may be otherwise. In this case, it in unlawful to
enquire about such a thing in his possession. To eat food of the pious
was the rule of Prophet and friends of Allah. Rasulullah (sallallaho alaihe
wasallam) said : Don't give your food to be eaten except by the pious and
don't eat food except of the pious.
(2) Doubt
in connection with things:
In this instance, lawful and unlawful things become mixed. In
the market where the looted properties and properties gained by theft and
robbers are mixed with lawful properties. A buyer should not enquire about
the legality or otherwise of the properties of the market. If however,
it is disclosed that most of the properties of the market are unlawful
, the enquiry becomes compulsory, otherwise not. The companions used to
do it. They did not enquire except in doubtful cases.
Sayyidna Ibn Masud said : You are the inhabitants of such a town where
there are the Magians also. So look to the meats of sacrificed animals
and the hides of dead animals : If most of the properties are unlawful,
it is not lawful to take them. If the meat of a sacrificed animals is mixed
with the meat of ten unsacrificed animals, it becomes compulsory to give
up the meat.
Sayyidna Ali said :Take what a ruler gives you as he generally gives
from lawful things.
Sayyidna Ibn Masud was once asked by a man : Shall I take loan from
a man whom I know to be a bad man ? Yes he replied. He was once asked by
another :Shall I accept the invitation of a man who takes interest (usury)
? Yes he replied.
Sayyidna Ali did not accept anything from the state treasury. He had
only one wearing cloth and he had no-other cloth even for his bath.
Once Sayyidna Abu Hurairah produced before the Caliph Omar abundant
wealth of the state to which he enquired : Are these properties lawful
? In a similar way Sayyidna Ali said :There is nothing dearer to Allah
than the justice and kindness of a Leader and nothing more hated than injustice
and oppression of a leader.
KNOWLEDGE OF LAWFUL AND UNLAWFUL
THINGS
If any man has got in his possession unlawful things mixed
with lawful things, he should adopt two means--
(1) To separate the unlawful things from the lawful things and
(2) to know the modes of spending the lawful things. With regard to
the first means, it has got two conditions-
(a) mixture of lawful and unlawful things of the same kind, for instance
crops, money oily things etc.
(b) mixture of unlawful thing with a different kind of thing, such
s dresses, houses etc. In such cases, quantity is either known or unknown.
If for instance, half, of the thing is unlawful ,it should be separated
. It is lawful to keep doubtful thing but to give it up is better and piety.
The repentance of a man is not accepted till the total income of a property
taken by oppression is returned to the rightful owner.
The mode of spending unlawful things taken out of lawful things.
It is compulsory to return the unlawful things to the rightful owner and
in his absence to his heirs. It is also compulsory to return the income
and profits arising out of these properties to them. If the owner or his
heirs are unknown, they may be given in charity to the poor.
Question may arise how can an unlawful thing be given in charity
when he has got no right to do it ? In support of this, there are traditions
of the Prophet.
-
When cooked mutton was presented to Rasulullah (sallallaho alaihe wasallam),
the mutton informed him that it was unlawful. Rasulullah (sallallaho alaihe
wasallam) then ordered it to be given in charity saying :Give it to the
war prisoners for eating.
-
Once the property of gambling was brought by Abu Bakr to Rasulullah (sallallaho
alaihe wasallam) who said : It is unlawful. Give it in charity.
-
Sayyidna Ibn Masud purchased a slave girl but he could not find her master
inspite of continued search. Then he gifted away her price to the poor
on behalf of the master. Imran, Ahmad . Hares and Mohasabi supported this
view. Where the owner is not found, either such an unlawful property shall
be destroyed or spent for the good of the people. The latter method is
better.
-
Rasulullah (sallallaho alaihe wasallam) said : A cultivator or a planter
of trees will get rewards for the crops and fruits which the people and
birds and beasts eat. The rule that except the lawful things nothing can
be given in charity applies to the case where we seek rewards for charity.
In the case of charity of unlawful things, we seek salvation only for ourselves.
The saying what we love for ourselves, we should love for others
is true, but in case of charity of unlawful things, it is unlawful for
our enjoyment, but lawful for the poor. If the receiver of unlawful property
is himself poor, and the owner is not traceable, he can legally use it
up to the limit of necessity for himself and for his family members. The
Quran also allowed taking of unlawful foods like wine or swin flesh
in case of extreme necessity to save life.
ALLOWANCES
AND GIFTS OF RULERS AND KINGS
A man is required to look to three things, in accepting the allowances
and gifts from the rulers and kings--(1) the source of wealth. (2) the
right of acquiring it, and (3) the quantity of lawful and unlawful things
there in.
(1) The source of wealth of the rulers: The ruler has got right
along with his subjects in reclaimed lands, booties gained in war and without
war against the unbelievers, properties that have got no heirs and waqf
properties which have got no mutawallis or managers. Besides these, all
other properties are unlawful for him such as revenues, fines, taxes and
other sources of income to the state. If a ruler gives any Estate, gift
or rewards to any man, he gives them generally out of eight kinds of properties
poll-tax, hairless property Waqf, reclaimed land, purchased property, revenue
realised from the Muslims, wealth out of merchandise or specially fixed
revenue. With regard to poll-tax on the unbelievers, four-fifth will be
spent for the good of the people and one-fifth only for special purpose.
With regard to the property without heir, it is to be spent for the good
of the Muslims. Waqf property is to be spent for the purposes as fixed
by the Wad for donor . In the lands reclaimed by the ruler, he has got
freedom to spend it in any way he likes. Similar is his freedom in case
of landed properties, dresses horses and other things purchased by the
ruler. The taxes imposed upon the Muslims, the booties, fines etc, are
all unlawful for a ruler except in case of the profits arising out of his
personal business with others. The taxes specially imposed upon a person
are unlawful for a ruler.
(2) Right of acquisition: Some learned men say that if it is not established
that there is any illegality in a property, it may be accepted. In support,
they cite the following instances. There were many among the companions
who lived up to the time of the tyrant rulers and used to accept properties
from them. Such were Abu Hurairah, Abu Sayeed Khodri, Zaid-b-Sabet. Abu
Ayyub Ansari, Jarir-b-Abdullah, Anas-b-Malek and others. Some of them received
from Caliphs Merwan and Yezied-b-Abdul Malek.,
(3) Quantity: some from the tyrant governor Hijjaj Imam Shafeyi received
once from Caliph Harun Rashid one thousand dinars. Imam Malek also received
them from different Caliphs. Sayyidna Ali said: Whatever a ruler gives
you he gives out of lawful things. He himself did not accept it out of
a greater sense of piety, When Imam Hasan came to Caliph Muwayiah, the
latter gave him four hundred thousand dirhams which he accepted. These
wise men used to accept the properties of tyrant rulers, The supporters
of the above opinion say that some of the pious did not accept them out
of greater sense of piety. This does not show that it is illegal. Such
men were the-rightly guided Caliphs, Abu Zarr and other pious who renounciated
the world.
FOUR
STAGES OF PIETY:
There are four stages of piety in relation to the acceptance of properties
from rulers.
First stage of Piety: In this stage of highest piety, the
rightly guided Caliphs and a party of extremely pious men did not accept
anything from the state Treasure and rulers. The allowance which Sayyidna
Abu Bakr received from the state Treasury as a ruler amounted to six thousand
dihrams after accounting. He afterwards deposited it in the Treasury. Once
when Sayyidna Omar was counting the wealth of the State Treasury, his young
daughter concealed a dirham therefrom. When he found it on enquiry, he
deposited it in Baitual Mal (Treasury). Sayyidna Abu Musa Ash'ari found
dirham at the time of sweeping the house of the Treasur and gave it to
the young daughter of Sayyidna Omar .The latter took it from her and deposited
it in the Treasury. Sayyidna Omar said in connection with the wealth of
State of Treasury I see myself in connection with this wealth
as a care taker of an orphan's property. If I am solvent, I refrain from
taking anything from it. If I am in want, I enjoy from it in a just manner.
Second stage of Piety: Take from the ruler when you know that his wealth
is legal. He will not suffer if anything unlawful in it is disclosed afterwards.
This is supported by the companions. The companion Ibn Omar said about
the tyrant ruler Hajjaj : I have not eaten to my satisfaction since he
captured the seat of Khilafat ' till to-day . It is related of Sayyidna
Ali that he had some wheat in a sealed cup out of which he used to eat
and drink. On being questioned, he said :I don't wish to fill up my belly
except with pure things
Third stage of Piety: You can accept the gifts from a ruler and give
them in charity to the poor or divide them among those who are entitled
to them, even though the ruler is a tyrant. For this reason, many persons
used to accept gifts from the rulers. Whatever Ibn : Omar got from the
rulers was distributed by him among the poor. One day he distributed Sixty
thousand dirhams among the 'poor. After' this, a poor man came to him and
he gave him some dirhams after taking loan from a man. Sayyida Ayesha also
used to do like that. Imam Shafeyi accepted. gifts from· Caliph
Harun Rashid and distributed them among his relatives without keeping anything
for him.
Fourth stage of Piety : In this stage, the properties of the rulers
have been established to be illegal and therefore cannot be accepted, nor
can be given in charity. Accept from the rulers such properties as are
mostly lawful.
These are the four stages of piety. In our times, most of the properties
of the rulers are unlawful, as Islamic State Treasury consisted of only
Zakat and the properties gained by war and without war but now nothing
of these items is found in the present State Treasuries. Besides there
is difference of the people who received gifts from the rulers of past
ages and the people who receive gifts now from the present rulers. The
rulers of past ages used to make gifts to the learned and the pious who
attracted their minds in their favour while the present rulers make gifts
to the people who can make flattery to them by falsehoods.
ELIGIBILITY
OF RECEIPT OF GIFTS
The receivers of gifts should be qualified to receive them according
to Shariat. For instance, there are definite persons prescribed by the
Quran to receive Zakat, war spoils, one fifth of properties gained without
war, heirless properties. The properties fixed for the Muslims in general
must be spent for them only and it will be illegal to spend them for others.
Sayyidna Omar said : Every Muslim has got right to get money from Baitul
Mal, because he is a Muslim and he increases the number of Islamic Brotherhood.
The wealth of Baitul Mal is for good of the people. The good is
connected with the religion and with the State. The learned men of the
religion are the guards of the religion and the soldiers are the guards
of the State. The religion and the state are interconnected, one cannot
be separated from the other. So the learned men of the religions as well
as soldiers of the state are entitled to receive wealth from the State
Treasury .The officers of the state come under the category of the guardians
of the state and so they have got right in it. The rightly guided Caliphs
used to give allowances to the Refugees and Ansars from the State Treasury
and did not see their wants. It rested on the wishes of the rulers regarding
the amount.
Sayyidna Muwayiah gave Hasan one day four Hundred thousand dirhams.
Sayyidna Omar fixed twelve thousand dirhams yearly for particular persons
including Ayesha, ten thousand dirhams for some persons and six thousand
dirhams for some persons. Even there remained no thing after distribution
in Baitual Mal.
Sayyidna Abu Bakr used to distribute equally. Sayyidna Omar amended
it and used to give more or less as he wished. He used to give to Ayesha
12 thousand dirhams. Zuairiyah six thousand, Zainab ten thousand, Sayyidna
Ali a Estate, Sayyidna Osman five gardens. All the companions agreed to
the distribution of these two Caliphs as they believed in their sense of
justice and honesty of purpose.
FREQENT VISIT TO RULERS
Three conditions arise in frequenting the rulers (1) evil effects
of frequenting them, (2) the manner to be observed, (3) and to keep aloof
from them.
(1) First conditions : It is not commendable to frequent the rulers
and administrators according to Shariat. A great deal of warnings to this
effect was given by the pious and learned men of the religion.
-
Rasulullah (sallallaho alaihe wasallam) mentioned about the tyrant rulers
and said : He who keeps away from them will get salvation. He who keeps
separate from them will be safe or near safety. He who falls with them
in their worldly passions will belong to them.
-
Rasulullah (sallallaho alaihe wasallam) said : There will be false and
oppressive rulers after me. He who supports their falsehood as true and
helps their tyranny does not belong to my followers and I am also not of
him. He will not be able to take drink from my Fountain.
-
Rasulullah (sallallaho alaihe wasallam) said . The learned man who frequent
the rulers is an object of hatred near Allah. He said : The rulers who
frequent the learned are good and the learned men who frequent the rulers
are bad.
-
Rasulullah (sallallaho alaihe wasallam) said : So long as the learned men
do not mix with the rulers. they become guardians of trust of the Prophet
for the servants of, Allah ; when they mix with them, they commit treachery
with the Prophet .So be careful of them and keep away from them.
-
Wise sayings :Sayyidna Huzaifa said : Be careful of ruinous places. He
was questioned : What are those places ? He said : The Offices of the rulers.
-
Sayyidna Abu Zarr said to Salma : Don't frequent the office of the rulers,
as the harms of religion will be greater than the benefits you get from
them.
-
Sayyidna Sufiyan said : There is a valley in Hell. The learned men who
frequent the rulers will live in it. Sayyidna Obadah-b-Swamet said : if
a pious learned man loves the rulers, he commits hypocrisy and if he loves
the rich he commits show.
-
Sayyidna Omar-b-Abdul Aziz appointed an officer. He was then informed that
the was an officer of tyrant. Hajjaj. He dismissed him on this ground.
The wiseman Fuzail said :The nearer a man goes to the rulers, the
distant he becomes from Allah.
From the above tradition and wise saying, it appears that
many dangers and difficulties arise out of mixing with the rulers and frequenting
their offices. He who frequents them faces sin, as by his actions, silence,
words and invocations, he commits disobedience to Allah. If he bends his
head to a tyrant ruler, or kisses his hand and does actions like that he
commits sin. If he sees actions in the Offices of the ruler which are unlawful,
he commit sin by his silence as it is his duty then to protest against
such illegal actions. If one praises him and supports his illegal actions,
he commits sin.
If he invokes Allah for the long life of a tyrant, it is illegal.Rasulullah
(sallallaho alaihe wasallam): He who prays for long life of a tyrant loves
sins.
Rasulullah (sallallaho alaihe wasallam) said :When any man praises a
transgressor, Allah him??? He said : When a man honours transgressor,
Allah hates him. He said. When a man honours a transgressor, he helps the
destruction of Islam.
A pious man Sayeed-b-Musayyeb was asked by Caliph Abdul Malek
to swear allegiance to his two sons Walid and Solaiman. he said : I will
not take allegiance to them till night and day turn as the Prophet prohibited
allegiance to two persons. As a result, he was flogged and made to wear
dress of disgrace.
(2) Second condition: Salute a tyrant ruler and stand up in his honour
as in the contrary case, disturbance may occur among the subjects. After
interview, give him sound advice and inform him of the injunctions and
prohibitions of Shariat. Once Caliph Muhammad-b-Solaiman went to the a
pious man Mammad-b-Salam who had then before him a mat for sitting,
one copy of the Quran, one bag for keeping books and a pot for ablution;
The Caliph said : Whenever I see you my mind is filled up with fear. What
is the reason ? Hammad said: The cause is this tradition of
Rasulullah (sallallaho alaihe wasallam). Everything fears a man who seeks
Allah's pleasure by his learning. The Caliph then placed before him forty
thousand dirhams as a gift which he refused to accept.
(3) Third condition. The learned men should not frequent the offices
of the rulers. If anybody remembers their rewards and presents, he should
recall to his mind the sayings of the sage Hatem Asem. He said : There
is the difference of only one day between me and the rulers . They did
not get the joys of yesterday and they and myself have got the fear of
tomorrow. Only to-day remains. What is possible to occur by to-day?
Once Caliph Hesham-b-Abdul Malek went to Mecca for pilgrimage. When
he entered the sanctuary of the Ka'ba he called for a pious man Taus
Yemeni. When he came to him, he took off his shoes and kept them by the
side of the royal carpet. He said : O Hisham, peace be on you. He then
sat by the side of the Caliph and asked him: O Hesham, how are you ? At
this conduct of the sage, he was about to kill him but as he was in the
sanctuary, he was not killed. The Caliph asked Taus :Why have you treated
me like this ? (l)you have placed your shoes by my carpet (2) you have
not kissed my hand, (3) you have not addressed me 'O Commander of the Faithful,
(4) you have taken your seat by me without my permission, (5) you have
asked me by my name : How are you ? The sage Taus replied : Regarding the
placing of my shoes by your carpet, I put off my shoes daily five times
when go to my Lord for prayer. He does not punish me for it. Regarding
the kissing of your hand. I heard Sayyidna Ali say : Let nobody kiss the
hand of anyone except his kissing his wife's hand out of passion and his
kissing of his parents hand out of reverence, Regarding addressing you
as Commander of the Faithful, the people are not satisfied with your rule
and I don't wish to tell lies. Regarding my addressing you by your name,
Allah even addressed His dear friends and Prophets by their names. Regarding
my sitting by your side, I heard Sayyidna Ali say : If you wish to see
anyone of the in mates of Hell, look to one who keeps himself seated with
the people standing around him. Then Taus went away from him.
Sayyidna Suhan said: I went once to Caliph Mansure. I said to the Caliph
: You have reached to this honour by the help of Muhajirs and Ansars but
their descendants are dying of starvation at present . So fear Allah and
give them what they are entitled to.
The sage Ibn Abi Shamilah went once to the office of Caliph Ahdul
Malek who said to him :Give me some instruction. He said : The people will
no t get salvation from the severe chastisement t of the Resurrection Day.
Only those will get salvation who incur the pleasure of Allah causing displeasure
to their baser selves. Abdui Malek wept and said : I will keep this advice
before my eyes until my death.
Once Caliph Solaiman came to Medina and called the sage Abu Hazem.
When he came to him, he said : O Abu Hazem, why is death so disliking to
me ? He said :It is because you have destroyed your hereafter and
adorned your world with numerous adornments. The Caliph said : How shall
we approach Allah ? He said : O Commander of the Faithful, the pious
men will return to the families in happiness like one absent, and the sinners
like a fugitive slave to his master. The Caliph then burst into tears
and said :What will be my condition ? Abu Hazem said : Look. to this verse
:The pious will be in bliss and the transgressors in Hell. Soliman asked
: Where is the mercy of Allah ? He said: Near the pious. The king asked
: Who among Allah's servants is the most honourable ? He said :The pious
and the Allah-fearing. He asked :Who among the believers is the wisest
? He said :The believer' who obeys the religion of Allah and calls. the
people towards it.
;The Caliph Omar-b-Abdul Aziz said once to Abu Hazem : Give me
advice. He said : Place death near your head when you go to bed and then
look to what you love; you will then give up what you do not like.
Once a desert Arab came to the Caliph Soliman who said to him : Give
me some advice. On being assured of his safety, he said , he said : O Commander
of the Faithful, there are som men among your special friends who have
adopted dishonest way and purchased the world in lieu of their next world
and look to your pleasure by incurring the displeasure of their Lord. They
fear you in the matters of Allah and they do not fear Allah in your matters.
You are in good terms with the world after forgetting the next world. You
have not given security to the people about the matters from which Allah
has given you security. They are in dire wants and needs. You will be asked
for what they do you will not do good to your world by selling your hereafter,
as he is fool who sells his hereafter for his world. Solaiman said : O
desert Arab, beware, the sharpness of your tongue is more than that of
your sword. He said , O Commander of the Faithful that is true, but it
is for you and not against you.
Once Sayyidna Abu Bakr said to Sayyidna Muwayiah : O Muwayiah, fear
Allah and know that the day which goes, out from you and the night which
comes take you away from this world and near the hereafter. There is such
as searcher behind you from whom you can never save yourself. You have
got a fixed limit which you cannot cross. The sooner you reach the limit,
the searcher will arrest you : The properties we are in will all pass away
and what we proceed to still remains. Take to what is good and give up
what is bad.
Rasulullah (sallallaho alaihe wasallam) said: This community will not
cease to be in the help and protection of Allah so long as the learned
??? men of Quran are not attracted towards the rulers. Allah says
: Don’t be inclined towards the oppressors. In other words : Don't remain
satisfied with their actions. Sunfiyan Sori said : Don't mix with the rulers
and don't mix with those who mix with the rulers. The owners of pens, the
owners of ink and the owners of papers are cosharers ??? . What he said
is true,
As Rasulullah (sallallaho alaihe wasallam) cursed ten persons in connection
with wine. Sayyidna Ibn Masud said : Those who devour interest (usury),
those who give interest (usury), those who are witnesses to it, those who
write it are all cursed by the tongue of the Prophet,
Allah said : When the angels will take the lives of those who have oppressed
themselves this verse was revealed in connection with those Muslims who
increased the numbers of polytheists by mixing with them. It has been narrated
that Allah revealed to the Prophet Uusha : I will destroy forty thousands
of the good people and sixty thousands of other people from among your
followers. He asked Allah : What sin have the good people committed ? Allah
said : They do not become displeased with actions of My displeasure. They
eat and drink with the unbelievers. This proves that to love for Allah
and hate for Allah is compulsory .
Rasulullah (sallallaho alaihe wasallam) said :Allah cursed the children
of Israil as they lived with the transgressors.
SOME LEGAL DECISIONS
Rasulullah (sallallaho alaihe wasallam) said :Give present to one another,
you will then beget love for one another : Any present is lawful provided
nothing is expected in return. If present is given to a man knowing that
he is a poor man but in fact he is not poor, the latter's acceptance of
the present is unlawful. So is the case in all similar matters. If any
person has got any administrative and official power, such as judge, magistrate,
Zakat collector, revenue collector, tax collector and others, and if any
present is given to him, it will be considered as bribe as it is given
for a special purpose. When any such officer is transferred, he is not
given such present.
The Prophet said A time will come over men when they will consider an
unlawful present as lawful and will kill innocent people as being lawful
in the form of carefulness, so that the general public become cautious.'
two sons of Sayyidna Omar accepted some loans from the State Treasury.
Sayyidna Omar took the profits of the loans from them and deposited them
in the Treasury saying. These loans have been given to you as you are the
sons of the Caliph .
The wife of Sayyidna Abu Obaidah sent a casket of otto as present for
the queen of Byzantium. In return, the queen sent her a valuable necklace
decorated with jewels. Sayyidna Omar took it from her and deposited it
is the State Treasury after giving the price of the casket to her. When
the Caliph Omar-b-Abdul Aziz returned back his present, it was said to
him that Rasulullah (sallallaho alaihe wasallam) used to accept present.
He said : It was present for Rasulullah (sallallaho alaihe wasallam) but
it is a bribe to us.
Rasulullah (sallallaho alaihe wasallam) sent a man to collect
Zakat from the tribe of Azad. When he collected Zakat and returned it to
Rasulullah (sallallaho alaihe wasallam) he kept something which was given
to him as present. Rasulullah (sallallaho alaihe wasallam) then said to
him. Tell me with truth, whether it would have been given to you if you
kept stay in your parents house. By one in whose hand there is my life,
let nobody take from you except what is due to him. Beware, he will come
to Allah with the thing he accepts. Let nobody come on the Resurrection
Day bearing a high sound-making sound making camel on his back, or a bellowing
cow or a sound-making goat. Then he raised his hands so high that the whiteness
of his armpit was visible and he said : O Allah, have I communicated Thy
message ?
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