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Friday 26th of April 2024
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Unlawfully acquired; certainly evil is that which they do

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.

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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. 

not fo��6 h�� @� lah 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.)."

 

 


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